Loading...
SUB-2018-0007 Decision Amended 040919.pdfCITY OF SPOKANE VALLEY HEARING EXAMINER Re: Preliminary Plat Application by ) AMENDED FINDINGS, Whipple Consulting Engineers to ) CONCLUSIONS, AND DECISION subdivide 8.66 acres into 43 ) residential lots in an R-3 zone ) FILE NO. SUB -2018-0007 SUMMARY OF PROPOSAL AND DECISION Proposal: The applicant is proposing a preliminary plat to subdivide 8.66 acres into 43 residential lots. Decision: Approved, with conditions. FINDINGS OF FACT BACKGROUND INFORMATION Applicant/ Ben Goodmansen Agent: Whipple Consulting Engineers, Inc. 21 S. Pines Road Spokane Valley, WA 99206 Owner: Bob Tomlinson and Gail Shelton Home Orchard LLC 8381 Lyons Road Ellensburg, WA 98926 Property Location: The subject property is located between 10th and 12th Avenues (north/south) and between Bannen and Best Roads (east/west) and lies approximately 650 feet east of Evergreen Road. The site is designated as Tax Parcel No. 45233.1006, Legal Description: The full legal description of the property is provided in the Exhibit "A" to the Commitment for Title Insurance, dated October 9, 2018, included in the application submittal documents. 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 8.66 acres. The terrain is flat with slopes ranging from three to five percent. The site is covered with trees, grass, weeds, and shrubs. There are no water features or critical areas on the site. The site has a large accessory building formerly used for processing of orchard crops. The remainder of the site is vacant land. Page 1 of 21 (including short and long plats). The subdivisions are predominantly single-family homes with a density of three to six units per acre. In addition, a plant nursery with greenhouses is located to the north, and Evergreen Middle School is located to the south of the subject property. Project Description: The subdivision will divide 8.66 acres into 43 residential lots. The existing accessory structure will be demolished and removed from the site. The subdivision will be served by public streets. 10th and 12th Avenues, designated as local access streets, border the subdivision on the north and south. Bannen and Best Roads will be extended through the subdivision connecting 10th and 12th Avenues. Bannen and Best Roads will be designed as local access public streets. Frontage improvements, consisting of curb, gutter, a 10 -foot -wide drainage Swale, and a 5 -foot -wide sidewalk, are required along 10th Avenue and 12th Avenue. A 13 -foot -wide border easement is required along 10th Avenue and a 12 -foot -wide border easement is required along 12th Avenue to accommodate the frontage improvements. PROCEDURAL INFORMATION Authorizing Ordinances: Spokane Valley Municipal Code (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: Notice of Public Hearing: Public Hearing Date: March 27, 2019 Site Visit: March 27, 2019 Mailed: November 30, 2018 Publication: November 30, 2018 Mailed: March 12, 2019 Posted: March 1, 2019 Publication: March 8 & 15, 2019 State Environmental Policy Act (SEPA): A Determination of Non -Significance (DNS) was issued on February 15, 2019. Any appeal of the DNS was due on March 1, 2019. The DNS was not appealed. Testimony: Karen Kendall, Chad Riggs & Lori Barlow City of Spokane Valley Building and Planning Division 10210 E. Sprague Avenue Spokane Valley WA 99206 Mollie Farber -Mahoney 14017 E. 12th Avenue Spokane Valley WA 99037 Ben Goodmansen & Todd Whipple Whipple Consulting Engineers 21 S. Pines Road Spokane Valley WA 99206 Tom Rowland 921 S. Bannen Road Spokane Valley WA 99037 Page 2 of 21 Lance Johnson 922 S. Best Road Spokane Valley WA 99037 Karlee Waddoups 14410 E. 12th Avenue Spokane Valley WA 99037 Julie Laird 14318 E. 10th Avenue Spokane Valley WA 99037 Exhibits: Karen Stephens 13917 E. 12th Avenue Spokane Valley WA 99037 Travis Wright 913 S. Bannen Road Spokane Valley WA 99037 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 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 15. Hardcopy of Applicant's PowerPoint presentation 16. Letter from Applicant dated March 27, 2019 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 ("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). 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. Page 3 of 21 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. The preliminary plat satisfies these standards by designing lots that range from 5,244 square feet to 9,750 square feet in size for single-family residences. 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 8.66 acres into 43 residential lots. See Staff Report, p. 3. This results in a gross density of five units per acre. See id. The Hearing Examiner agrees with the Staff that the proposed preliminary plat complies with minimum requirements for lot size and density for single-family 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. 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, p. 4. 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 CP policies and the provisions of the R-3 zone. See Paragraph 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. 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(6). 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. 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 Regional Stormwater Manual (SRSM). See Staff Report, p. 5. Stormwater will be Page 4 of 21 conveyed to catchments or pond areas for treatment. See Exhibit 10, p. 7. The treated stormwater will be discharged to the underlying soils via swales, ponds, drywells, etc., all in accordance with the SRSM. 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 roadways within the subdivision (i.e., Bannon and Best Roads) 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 10th and 12th Avenues. 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. 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. Transit Route 97 travels along 16th Avenue and Evergreen Road southwest to the site with 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 id., 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). Public water supplies are regulated by the Spokane Regional Health District (SRHD) and Vera Water and Power, the local water purveyor. See Staff Report, p. 5. Vera Water and Power signed a Certificate of Water Concurrency for the project on October 11, 2018. See Exhibit 5. According to the certificate, the water system is available and has sufficient capacity to serve the development. See id. However, water service will require the developer to construct a distribution system on 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. 5. This has been confirmed by a Certificate of Sewer Availability, signed by SCES on October 11, 2018. See Exhibit 5. However, the developer will be required to design, fund, and construct the necessary systems to extend the sewer system to the site. See id. 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. The nearest recreation facility is Terrace View Park/Pool located one mile southwest of the site on the corner of 24th Avenue and Blake Road. See id. Appleway Trail is located % of a mile northwest of the site. See id. There are sufficient parks and recreation facilities to support this development. Page 5 of 21 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 (CVSD). See Staff Report, p. 5. The site is also within the service area for Adams Elementary School, Evergreen Middle School, and Central Valley High School. See id. Adams Elementary School is located approximately '/z mile south of the site. See id. Evergreen Middle School is located % of a mile from the site. See id. Central Valley High School is located one mile from the site. See id. CVSD 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 sidewalks along 10th and 12th Avenues. See Staff Report, p. 6. Sidewalks will also be constructed on both sides of the interior streets. See id., p. 8. 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, p. 6. 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; see also Exhibit 10 (SEPA Checklist %J B(3)(a)). The majority of the site is flat and does Page 6 of 21 not contain any geologically hazardous areas. See Staff Report, p. 6. A review of the SEPA checklist confirms these facts and does not reveal any additional causes for concern. See Exhibit 10. On February 15, 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 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. The DNS was not appealed. See id. Based on this record, the project will not 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 B. Goodmansen. 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. 7. More specifically, the SVMC states that concurrency must be evaluated for transportation, water, and sewer. See SVMC 22.20.010(A). An initial TGDL was submitted on October 19, 2018, by Whipple Consulting Engineers, Inc. The City's Traffic Engineer requested additional information, which was submitted on January 17, 2019. See Exhibit 11. The analysis provided the City with data regarding the traffic that will likely be generated by the proposed development. On February 8, 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 October 11, 2018, Vera Water and Power issued a Certificate of Water Availability for the project. See Exhibit 5. The Certificate indicates that water service will require an improvement to the water system 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 21 On October 11, 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 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 on larger lots. See Staff Report, p. 7. However, there are also pockets of denser single-family development in the immediate area. See id. The proposed development will blend well with the existing neighborhood given these characteristics. The proposed density of the 12th and Best preliminary plat 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 CP. Pedestrian and street improvements will be made along the frontages of 10th and 12tH Avenues. See Staff Report, p. 8. 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, which seeks to provide quality streets and sidewalk surfaces in order to ensure a safe environment for all users. See id. By developing 43 new residential lots, with the current plan to develop each lot with 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 CP. For example, a stormwater 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, p. 8. Page 8 of 21 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. 6. The Hearing Examiner concludes that the proposed subdivision should be approved despite the questions and concerns raised by neighboring property owners. There were no written comments on the proposal prior to the hearing. However, several members of the public attended the public hearing on the project and raised various questions and concerns. Some neighbors contended that the density of the project was too high, and the proposed lots were too small in comparison to the neighborhood. Testimony of M. Farber -Mahoney, L. Johnson & K. Stephens. There was a concern that the quiet nature of the neighborhood would be lost. Testimony of M. Farber -Mahoney. The higher density, it was thought, would lead to more crime in the neighborhood. Testimony of M. Farber -Mahoney & K. Waddoups. It was also pointed out that the schools were already overcrowded and likely couldn't handle the additional students that would live in this development. Testimony of K. Stephens & K. Waddoups. Several comments were focused on traffic issues. Some individuals complained about speeding drivers and the lack of police response to this problem. Testimony of M. Farber -Mahoney, L. Johnson, & K. Waddoups. Some suggested that traffic calming measures were needed and that the internal streets of the development should be cul- de-sacs, instead of connecting streets. Testimony of K. Waddoups & T. Wright. One neighbor raised a specific concern about the sewer system. He pointed out that some homes to the west had backflow valves to protect their basements. Testimony of T. Rowland. He was concerned that the higher elevation of the proposed development would lead to other homes requiring backflow valves, which could be expensive to install. See id. The Hearing Examiner acknowledges that neighboring property owners raised understandable concerns about the project. However, the Hearing Examiner concludes that the proposal satisfies all the legal requirements for approval. The Hearing Examiner also concludes that the project conditions are sufficient to address the concerns. The Hearing Examiner reaches these conclusions for the following reasons. The project will result in the development of smaller lots and somewhat higher density than has occurred in some parts of this neighborhood. However, the density of the project is only five units per acre. This is below the maximum density in the LDR zone, which is six units per acre. Neighborhoods like this one will inevitably evolve as the city continues to grow. The city as a whole will.experience growing pains and will have to confront social ills that come with such growth, including impacts from traffic and crime. However, there was no specific evidence that this particular low-density proposal would have any unique impacts due to traffic or crime. The fears expressed about these issues were not based upon any hard data or any specific features of the proposal, but rather were largely based on speculation. The problem with speeding drivers is a pre-existing issue that is the fault of the individuals behind the wheel. This development will result in more traffic in the Page 9 of 21 neighborhood, that is a given. However, those drivers will be subject to the same rules of the road as everyone else. It is not a property owner's responsibility to stop individuals from driving irresponsibly. The evidence in this record demonstrates that the road system has sufficient capacity to handle the amount of traffic contributed by this development. As a result, there is no justification for imposing off-site mitigation measures on this development. It is also inappropriate to place cul-de-sacs within a development when that is not necessary. In general, public policy favors connectivity and traffic flow. School overcrowding undoubtedly can be a serious problem. However, in this case the details of the proposal were shared with CVSD. CVSD made no comments suggesting that the addition of 43 homes would test the capacity of the school system. See Staff Report, p. 9. This suggests that the school system is prepared to accommodate the students that will live in this development. Testimony of L. Barlow. In addition, there was no expert testimony or other specific evidence establishing that the school system was overcrowded, or that this proposal would exceed the capacity of the system. As a result, there is no basis to condition or deny this project on the basis of impacts to the schools. The last issue to be addressed is the concern that connecting this development to the sewer system will necessitate the installation of backflow valves on existing homes in the neighborhood. Although it is understandable that the neighbors would be concerned about this possibility, the Hearing Examiner concludes that the information about this risk is insufficient to warrant additional project conditions. There was no specific evidence explaining why the homes to the west were fitted with backflow valves. There could be conditions unique to those particular properties that cause back-ups in the lines connecting to those houses. In any case, the Hearing Examiner does not know why the connection of the proposed development would cause existing homes, in other directions, to then require backflow valves. Mr. Rowland suggested that the development is at a higher elevation than other properties, but there was no expert analysis or specific evidence on how the surface elevation of the site will relate to or impact the sewer system. Further, the sewer lines are buried and will undoubtedly be gravity -fed. That being the case, the Hearing Examiner does not understand how adding this development will cause other homes to require backflow protection. If the addition of these homes would overwhelm the existing system, for example, perhaps there would be a basis for requiring the developer to implement certain upgrades to the system. Here, however, there is no such evidence. Nor is there any proof that this development will create unique or unusual conditions. Absent such evidence, the Hearing Examiner does not believe additional project conditions are warranted. Several other questions were raised during the public testimony. However, the Hearing Examiner finds that those matters were sufficiently addressed by the City of Spokane Valley and the developer's representatives during the course of the hearing. As result, the Hearing Examiner finds it unnecessary to specifically address those matters in this decision. Page 10 of 21 7. The Hearing Examiner finds no evidence in the record to justify a cultural survey. There are no known natural, historic, or cultural features on the development site itself. See Exhibit 10 (Environmental Checklist ¶ B(1 3)(a) -(b)). Nonetheless, the Spokane Tribe requested that a cultural survey, in the form of subsurface testing, be completed before any ground -disturbing activities. See Exhibit 13. However, the Spokane Tribe did not submit any specific evidence to support its proposed mitigation measures. See id. The Hearing Examiner concludes that the more typical project conditions will address the concerns raised by the Spokane Tribe. The Spokane Valley Planning Division has included a condition stating that an Inadvertent Discovery Plan shall be provided to the City prior to any grading or site disturbance activity on the site. See Planning Division Condition 12. This plan requires that should anything be discovered during the construction process, the work must cease and the protocols required by state law must be followed. 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: Spokane Valley Planning -Division: 1. The approved preliminary plat shall have a maximum of 43 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) and 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 years after preliminary approval is granted unless a time extension is approved for the project. If a request for an Page 11 of 21 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. A demolition permit shall be obtained from the Spokane Valley Permit Center for the demolition of the structures shown on the preliminary plat map of record prior to or concurrent with the land disturbance permit. The structures shall be demolished prior to the final plat application. 9. Submit a final plat application that complies with all submittal requirements specified in SVMC 20.40. 10. 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." 11. 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 24 hours from the time of discovery, the City of Spokane Valley Community and Public Works Department of said discovery. 12. 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 Karen Kendall at 509-720-5026 for the template. 13. The addresses shall be designated on the final plat: Block / Lot Address Alternate Address Block 1 Lot 1 1128 N Bannen Road 14027 E 17 Avenue Lot 2 1122 N Bannen Road Lot 3 1118 N Bannen Road Lot 4 1114 N Bannen Road Lot 5 1110 N Bannen Road Lot 6 1104 N Bannen Road Lot 7 1028 N Bannen Road Lot 8 1022 N Bannen Road Lot 9 1016 N Bannen Road Page 12 of 21 Block / Lot Lot 10 Address 1010 N Bannen Road Alternate Address Lot 11 1006 N Bannen Road Lot 12 1002 N Bannen Road Block 2 Lot 1 1127 N Bannen Road 14111 E 12"Avenue Lot 2 1123 N Bannen Road Lot 3 1117 N Bannen Road Lot 4 1113 N Bannen Road Lot 5 1109 N Bannen Road Lot 6 1103 N Bannen Road Lot 7 1025 N Bannen Road Lot 8 1019 N Bannen Road Lot 9 1013 N Bannen Road Lot 10 1007 N Bannen Road Lot 11 1001 N Bannen Road Block 2 continued _ Lot 12 1004 N Bannen Road 14110 E 10" Avenue Lot 13 1008 N Best Road 14116 E 10"' Avenue Lot 14 1012 N Best Road Lot 15 1018 N Best Road Lot 16 1024 N Best Road Lot 17 1102 N Best Road Block 3 Lot 1 1125 N Best Road 14209 E 12"' Avenue Lot 2 1119 N Best Road Lot 3 1115 N Best Road Lot 4 1107 N Best Road Lot 5 1105 N Best Road Lot 6 1101 N Best Road Lot 7 1023 N Best Road Lot 8 1017 N Best Road Lot 9 1011 N Best Road Lot 10 1007 N Best Road Lot 11 1003 N Best Road 1001 N Best Road 14220 E 10`h Avenue Lot 12 Spokane Valley Development Engineering Division: 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 a preliminary plat decision has been issued and an application for a Land Disturbance permit has Page 13 of 21 been received. All documents (plans, reports, etc) shall be submitted through the Spokane Valley Permit Center located at 10210 E. Sprague Avenue. 3. 10th Avenue and 12th Avenue are 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 feet of asphalt width from street centerline to edge of gutter for 12th Avenue. See Comment No. 5 below for 10th Avenue requirements. b. 2 feet wide Type 'B' curb and gutter per SVSS Std. Plan R-102. c. 10 feet wide roadside swale per SUSS Std. Plan S-130. The applicant shall install seed/grass in the roadside swale and maintain the swale. d. 5 feet wide concrete sidewalk per SVSS Std. Plan R-103. 4. The following determines the right-of-way (ROW) and border easement dedications for a Local Access street 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. *Specific to 12th Avenue: i. Existing half ROW width is 20 feet. ii. Required half ROW width is 19 feet. 1. ROW dedication is not required. iii. A Border Easement is required and shall extend from the ROW to the back of sidewalk. 1. 12 -foot -wide Border Easement dedication required. 2. Note: building setbacks begin at the edge of border easement. b. Specific to 10th Avenue: i. Existing half ROW width is undedicated. ii. Required half ROW width is 19 feet. 1. ROW dedication is not required. iii. A Border Easement is required and shall extend from the ROW to the back of sidewalk. 1. 13 -foot -wide Border Easement dedication required. 2. Note: building setbacks begin at the edge of border easement. 5. Pursuant to SVSS 2.3.1, 10th Avenue shall be improved from Bannen Road to the eastern plat boundary per Standard Plan R-119. The total pavement width shall be 28 feet minimum. Page 14 of 21 6. The internal streets shall be designated and designed as local access public streets per Typical Street Section R-120. Any ROW and/or border easement dedications shall be designated on the final plat language and map. 7. County records indicate a Temporary Closure of 10`h Avenue. The Temporary Closure shall be released prior to the development of 10`" Avenue. 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. Driveway approach design shall follow the SUSS, or as amended. 10. 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). 11. If drywells are proposed that do not receive stormwater from public facilities and they are in Garrison or Springdale soils, the testing for confirming the soil classification and that the drywells will function as designed may be performed during construction. If this option is exercised, the following note shall be placed on the cover of the plans: Per Spokane Regional Stormwater Manual methods, a qualified licensed engineer shall evaluate, classify, and document the soils in the excavated drywell infiltration zone prior to installation of the filter fabric, drainage rock or drywell barrel and shall determine if the soil's conditions will be suitable and capable of infiltrating stormwater 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. 12. The sidewalk and roadside swales along the west side of Best Road and adjacent to Parcel #45233.1005 shall be located in a tract. The tract shall be dedicated to a Homeowners Association (HOA), which shall be responsible for the perpetual maintenance of the sidewalk and roadside swales within the tract. A draft copy of the Covenants, Conditions, and Restrictions (CC&Rs) for the HOA shall be submitted with the drainage submittal. 13. An Operations and Maintenance Manual, per SRSM Chapter 11 shall be submitted with the initial submittal of final design plans for the maintenance of the sidewalk and roadside swales located in the tract. 14. For the General Construction Notes use those in the SVSS Appendix 4A rather than those in the SRSM Appendix 3B. Page 15 of 21 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. 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-pendangerment 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/UIConIineregis.htmI 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 shall 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 shall 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/ 19. 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. Page 16 of 21 20. For construction affecting public ROW, 48 hours prior to construction, securely post a sign at each ingress to the project area. The sign(s) shall be clearly visible from the ROW and provide project construction details. See SVSS Section 9.7. 21. Permits are required for any access to or work within the ROW of the Spokane Valley roadway system. A traffic control plan shall accompany the ROW obstruction permit. 22. 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 RPW inspector 720-5025 for further information. 23. The temporary erosion and sediment control (TESC) structures (such as filter fence, silt ponds, and silt traps) shall be installed prior to the start of site work and maintained throughout the duration of construction and until the site has stabilized. 24. 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. 25. 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. 26. 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. 27. All public improvements shall provide a Performance/Warranty Surety per SVSS Chapter 9. The City accepts Letters of Credit, Cash Savings Assignments, and Bonds for Warranty Sureties. Bonds are not accepted for Performance Sureties. 28. ROW dedication and border easements shall be designated on the final plat map. 29. The HOA's Unified Business Identifier (UBI) number shall be referenced on the face of the Final Plat. 30. 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. Spokane Valley Fire Department: 1. New fire hydrants shall be required. Coordinate the location and number with the Fire Department. 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 outside edge of the Page 17 of 21 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 and be provided with a Storz adaptor. 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. 3. An approved water plan signed by the water district and the fire department is required for any associated grading permit approval. 4. Fire apparatus access roads/driveways and turnarounds shall be posted as "No Parking - Fire Lane." a. Access 20 to 26 feet posted on both sides. b. Access 26 to 32 feet posted on one side (the same side as the fire hydrant). 5. Addresses shall be posted so they are visible from the ROW 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. Spokane County Environmental Services Department: 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." 2. The appropriate Capital Facilities Rate (CFR) will be assigned to this development. 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. 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 Page 18 of 21 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 Environmental Services, Spokane County. 4. Water service shall be coordinated through the Director of Environmental Services, Spokane County. 5. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), 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. " Avista Utilities: 1. Show a 10 -foot utility easement behind border easement along frontage of all lots. Page 19 of 21 2. Include the following language in the plat dedication: "Easements far '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, 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. " Vera Water and Power: 1. Coordinate with Water District for plat language to be shown on face of final plat. 2. Submit formal water plan for review. 3. Utility easements will need to be provided for this project. Easements may not be restricted to dry easements. 4. If existing water facilities are located on the property and they are not going to be used, they may need to be terminated at the main location. Proponent should coordinate this with our operations department. 5. There will need to be above ground transformers and other equipment located in the utility easement. These require a clear space approximately 10 feet square. With these small street frontages this can be challenging, and the proponent should coordinate this with our operations department. 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. AMENDED this 9th day of April 2019. Brian T. McGinn City of Spokane Hearing Examiner Page 20 of 21 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 April 2, 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 April 5, 2019. THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS APRIL 26, 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