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SUB-2019-0002 Decision Final_signed.pdfPage 1 of 18 CITY OF SPOKANE VALLEY HEARING EXAMINER Re: Preliminary Plat Application by KJT, LLC to subdivide 8.18 acres into 37 residential lots on property in the R-3 zone ) ) ) ) FINDINGS, CONCLUSIONS, AND DECISION FILE NO. SUB-2019-0002 SUMMARY OF PROPOSAL AND DECISION Proposal: The applicant is proposing to subdivide 8.18 acres into 37 residential lots on property located in the R-3 zone. Lots greater than 10,000 square feet will allow duplex or single-family development. Decision: Approved, with conditions. FINDINGS OF FACT BACKGROUND INFORMATION Applicant: KJT, LLC 322 N. University Rd. Spokane Valley, WA 99206 Owner: FiveFifty, LLC 322 N. University Rd. Spokane Valley, WA 99206 Property Location: The site is located on the northwest corner of Sanson Avenue and Burns Road. This site is not addressed. The site is situated in the NE ¼ of the SW ¼ and the NW ¼ of the SE ¼ and the SE ¼ of the NW ¼ and the SW ¼ of the NE ¼ of Section 55, Township 26 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Legal Description: Lot 14, Block 1 of Summerfield East 8th Addition as per plat recorded in Book 41 of Plats, Pages 55-56, AFN 6856147. The site is designated as tax parcel number 46355.5514. Zoning: The property is zoned R-3 (Single-Family Residential Urban District). Comprehensive Plan Designation: The property is designated as Single Family Residential (SFR) in the City of Spokane Valley Comprehensive Plan (CP). Site Description: The site is 8.18 acres of vacant land. The property is an open field sloping gently from north to south with no existing structures. The site is covered with grass, weeds, and shrubs. There are no water features or critical areas on the site. A Bonneville Power Administration (BPA) high-voltage power line is located adjacent to the parcel along the northeast and traverses the full length of the parcel boundary. The Page 2 of 18 high-voltage power line consists of double towers with three voltage lines each for a total of six high voltage lines. The power line is located within a 500-foot-wide BPA easement. The power line is situated along the southwest side of the easement and the power poles are approximately 40 to 50 feet from the boundary of the subject parcel. The vegetation is managed within the easement by BPA so that no trees or tall vegetation are grown within the easement. The drainage tract owned by the homeowners association is situated within the BPA easement. The rectangular-shaped parcel is located at the southern end of Forker Draw. The applicant completed a modification of the Forker Draw Floodplain through a Letter of Map Revision (LOMR) with the Federal Emergency Management Administration (FEMA) in order to remove the subject parcel from the floodplain and allow residential development. The floodplain revision included the construction of on-site flood control measures. A 1.1- acre shallow pond was constructed southeast of the site that contains 12 double-depth drywells for infiltrating the stormwater. A 1500-foot-long trapezoidal channel was constructed along the southwestern edge of the BPA easement to intercept and convey stormwater to the pond. Following construction of the channel facility a LOMR was issued by FEMA that modified the flood hazard for the area. A revision to the Flood Insurance Rate Map (FIRM) became effective on March 15, 2019. Surrounding Conditions and Uses: The properties to the north are in Spokane County and are zoned Rural Conservation. The uses to the north include single-family residences, vacant land, and a church. The property to the east is also in Spokane County. A portion of that land is zoned Rural Conservation and a portion is zoned Urban Reserve. The land use to the east consists of single-family residences. The properties to the west of the site include land within Spokane County, having a Rural Conservation zoning, and land within the City of Spokane Valley, which is zoned R-3. The existing uses to the west consist of single-family residences. The properties to the south of the site are within the City of Spokane Valley and are zoned R-3. This land is developed with single-family residences. Project Description: The subdivision will divide 8.18 acres into 37 residential lots. The subdivision will be served by a public street. Rowan Avenue will begin where Burns Road bends into the subdivision and extends through the center of the subdivision before turning southwest, becoming Calvin Road and connecting to Sanson Avenue, which runs parallel to Rowan Avenue. Rowan Avenue and Calvin Road will be constructed as local access streets with curb, gutter, swale, and sidewalks. The swale and sidewalks will be located within border easements. PROCEDURAL INFORMATION Authorizing Ordinances: SVMC Title 19 (Zoning Regulations), SVMC Title 20 (Subdivision Regulations), SVMC Title 21 (Environmental Controls), 2009 City of Spokane Valley Street Standards (SVSS), 2008 Spokane Regional Stormwater Manual (SRSM), and Spokane Regional Health District (SRHD) regulations. Notice of Application: Mailed: November 15, 2019 Publication: November 15, 2019 Page 3 of 18 Notice of Public Hearing: Mailed: December 30, 2019 & January 7, 2020 Posted: December 30, 2019 Publication: December 27, 2019 & January 3, 2020 Public Hearing Date: January 15, 2020 Site Visit: January 15, 2020 State Environmental Policy Act (SEPA): A Mitigated Determination of Nonsignificance (MDNS) was issued on December 27, 2019. Any appeal of the MDNS was due on January 10, 2020. The MDNS was not appealed. Testimony: Exhibits: 1. Vicinity Map 2. Zoning Map 3. Comprehensive Plan Map 4. Aerial Map 5. Application Submittal 6. Preliminary Plat Map of Record 7. Determination of Completeness 8. Notice of Application Materials 9. SEPA Determination 10. SEPA Checklist 11. Trip Generation & Distribution Letter (TGDL) 12. Notice of Public Hearing Materials 13. Public Comments 14. Agency Comments 15. FEMA LOMR dated March 22, 2019 16. BSW Biological Evaluation & Habitat Management Plan for the Summerfield Flood Mitigation Project dated February 2, 2017 The following exhibits were received at the hearing: 17. Hardcopy of Planning’s PowerPoint presentation 18. Certificate of Transportation Concurrency Martin Palaniuk, Planner City of Spokane Valley Building and Planning Division 10210 E Sprague Avenue Spokane Valley, WA 99206 Lori Barlow, Senior Planner City of Spokane Valley Building and Planning Division 10210 E Sprague Avenue Spokane Valley, WA 99206 Stan Schultz 425 S. Alpine Drive Liberty Lake WA 99019 Page 4 of 18 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 Title 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). 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. 4. 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 this standard by designing lots that range from 6,194 square feet to 14,496 square feet in size. See Staff Report, p. 4. 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 8.18 acres into 37 residential lots. See Staff Report, p. 4. This results in a gross density of 5.10 units per acre if duplexes are developed on the five lots that are greater than 10,000 square feet. See id. If only single-family residences are constructed in the plat, the gross density drops to 4.5 units per acre. In either case, the project will satisfy the density standards of the zone. The Hearing Examiner agrees with the Staff that the proposed preliminary plat complies with minimum requirements for lot size and density 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 reviewed those design standards in some detail, and stipulates that the project must conform to those requirements. See Staff Report, pp. 5-6. 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, 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. 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 Page 5 of 18 additional standards prior to proceeding. See Staff Report, p. 6. There are also myriad 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. 6. 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 SRSM. See Staff Report, p. 6. Drainage plans will be reviewed and approved by the City. See id. 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, Rowan Avenue and Calvin Road will be designed and built as local access streets with curb, gutter, swale, and sidewalks. See Staff Report, p. 6. The right-of-way (ROW) will extend to 2 feet behind the curb, and a border easement will extend to the back of the sidewalk. See id. Upon review of the TGDL, it was determined that impacts from the development will occur at the Sullivan Road and Wellesley Avenue intersection. See id. The applicant has agreed to pay a voluntary mitigation fee of $10,559 to offset the impacts to the intersection. See id. The project makes appropriate provisions for public transit. See SVMC 20.20.100(E). The routes and availability of transit service are determined by the Spokane Transit Authority (STA). See Staff Report, p. 6. The STA did not comment on this project, suggesting that there is no anticipated impact on transit. Transit Route 96 travels along Progress approximately 0.5 mile south of the site with a transit stop at the corner of Wellesley Avenue and Progress Road. See id. The route has a weekday frequency of every 30 minutes and an evening and weekend frequency of every 60 minutes. See id. There is a public, potable water supply to serve the subdivision. See SVMC 20.20.100(F). Public water supplies are regulated by the SRHD and Trentwood Irrigation District #3 (the “District”), the local water purveyor. See Staff Report, p. 7. 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. 7. SCES confirmed, through a Certificate of Sewer Availability, that the sanitary sewer system will be extended by the developer 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 area 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. 7. In addition, there are parks and Page 6 of 18 recreational areas in the vicinity. For example, Plante’s Ferry Sports Complex is located 1.25 miles west of the site. See id. The project makes appropriate provisions for playgrounds, schools, and school grounds. See SVMC 20.20.100(I). The site is located in the East Valley School District (EVSD) and lies within the service area for Trentwood Elementary School, East Valley Middle School, and East Valley High School. See Staff Report, p. 7. All three of the schools are located within 0.5 mile from the site. See id. The EVSD was notified of this project and did not submit any comments. See id. 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 construction of 5-foot-wide sidewalks along Rowan Avenue is required as part of this project. See Staff Report, p. 7. Sidewalks have been constructed within previous Summerfield East subdivisions south of the site and sidewalks are available from the project site to each of the schools. See id. 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 the proposed subdivision satisfies the applicable development codes. See Staff Report, p. 7. Neither the Hearing Examiner’s review of the matter nor the testimony or evidence presented at the hearing suggested that the project deviates from the relevant standards. The proposal makes appropriate provisions for other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. See SVMC 20.20.100(M). The Hearing Examiner agrees with the Staff that the project, as conditioned, satisfies or will satisfy all criteria set forth by other agencies. See Staff Report, p. 8. 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 that cannot be offset by mitigation. On December 27, 2019, the City of Spokane Valley, as the lead agency, issued an MDNS for this project. See Exhibit 9. The MDNS was based upon a review of the completed environmental checklist, the application, applicable provisions of the SVMC, the TGDL, a site assessment, and comments from affected agencies. See Staff Report, p. 8. 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 the proposed mitigating measures. In addition, any appeal of the MDNS was due 14 days after its issuance. See Exhibit 9. The MDNS was not appealed. See Staff Report, p. 8. The proposed use of the site does not raise a genuine concern that the development will result in significant environmental impacts. The project is not expected to have a significant impact on the local transportation system. See Exhibit 11. However, the project is located in the Sullivan/Wellesley Intersection Improvement Project. Therefore, mitigation fees are required for the development. See Staff Report, p. 8. This Page 7 of 18 requirement was included in the MDNS conditions. See Exhibit 9. The developer did not object to the mitigation fee requirement. The Washington State Department of Archeology and Historic Preservation and the Spokane Tribe of Indians reviewed the project and indicated there is a high probability that archeological sites could be located onsite. See Staff Report, pp. 8-9; see also Exhibit 14. As a result, a cultural resource survey is required as a mitigation measure in the MDNS. See Exhibit 9. The site was reviewed for Critical Areas, and it was determined a Type F Stream extends approximately 300 feet onto the adjacent parcel from Forker Draw, terminating below the BPA power line. See Staff Report, p. 9. The required Riparian Management Zone (RMZ) buffer width for a Type “F” stream is 150 feet. See id. The stream terminates approximately 180 feet from the plat boundary and is, therefore, outside of the required RMZ. See id. *A wetland associated with the stream is shown on the National Wetland Inventory map as extending from Forker Draw and continuing across the northern portion of the site. See Staff Report, p. 9. As a result, a wetland identification and delineation of wetland boundaries by a qualified professional was required. See id. A Biological Evaluation and Habitat Management Plan completed in February 2017 by Biology Soil & Water, Inc., as part of the LOMR application, determined that the wetlands do not exist within the boundaries of the plat. See Exhibit 16. In addition, the site is not located within a designated area of special flood hazards. See Staff Report, p. 9. As discussed above, FEMA issued an LOMR removing the project site from the FIRM map for this area. See id. 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 that are not being addressed by project conditions and mitigation measures. As a result, the Hearing Examiner concludes that the proposed subdivision complies with the environmental 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. 9. More specifically, the SVMC states that concurrency must be evaluated for transportation, water, and sewer. See SVMC 22.20.010(A). On December 16, 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 December 19, 2019, after considering the matter, the Spokane Valley Senior Traffic Engineer issued a Certificate of Transportation Concurrency. See Staff Report, p. 9; see also Certificate of Transportation Concurrency, Exhibit 18. 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. Page 8 of 18 On May 16, 2019, the District signed a Certificate of Water Availability for the project. See Exhibit 5 (Certificate of Water Availability). The Certificate indicates that water service will require an improvement to the water system to reach the site and that the water system has a current Washington State Department of Health (WSDOH) Operating Permit allowing the number of new taps requested. See id. On July 18, 2019, the SCES issued a Certificate of Sewer Availability. See Exhibit 5 (Certificate of Sewer Availability). The Certificate confirms that sewer is not currently available at the site; however, the developer will design, fund, construct, and provide financial surety for the necessary systems to extend sewer to the site and provide service connections. See id. The record in this case demonstrates that transportation, water, and sewer facilities are or will be made sufficient by the developer to support 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. 10. 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. 10. 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. Pedestrian and street improvements will be required along the frontage of Rowan Avenue, which include separated sidewalks along both sides. See Staff Report, p. 10; Testimony of M. Palaniuk. The developer also agreed to provide funds to improve the intersection Wellesley and Sullivan. See id. In any case, the project will otherwise be required to satisfy the applicable street standards. As a result, the project satisfies the objectives of Policy LU-P8 and Goals T-P6 and T-P9 to ensure than neighborhoods are served by safe and convenient motorized and non-motorized transportation routes. By developing 37 new residential lots, the project creates additional housing opportunities to meet the needs of the community. See Staff Report, p. 11. 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, the proposal includes connection to public water and sewer, consistent with Policy CF-P10; and coordination Page 9 of 18 of new construction with various infrastructure and services, consistent with Policies CF-P13 and CF-P3. See Staff Report, p. 10. 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. Public Comments There was no public testimony regarding this project. However, a neighboring property owner submitted a written comment prior to the hearing. In that comment, Mr. Meilding objected that the density of the project was too high and there was insufficient space for children to play. See Exhibit 13. He was also concerned that the lack of basements would prompt future residents to use their garages for storage, leading to vehicles being parking along the road. See id. This, it was contended, would clog up the streets and leave “no room for snow removal.” See id. It would also create a “dangerous and ugly environment,” according to Mr. Meilding. See id. While Mr. Meidling’s concerns are understandable, the Hearing Examiner concludes that additional project conditions are not necessary or appropriate to address the concerns that were raised. The project density is within the range allowed in the R-3 zone, as discussed above. As the Staff noted, the setback and lot coverage requirements will create sufficient open space, at least as determined by the adopted policies and codes. See Staff Report, p. 12. On this record, the Hearing Examiner does not believe there is justification or authority to require this development to create additional open space or new parks or play areas. Such a condition would go above and beyond what is required in the zone code, in the Hearing Examiner’s view. With respect to parking, the future residences will have garages for parking vehicles. Even if these residents decide to use their garages for other purposes, there will still be room for off-street parking in their driveways. The 20-foot setbacks for garages will ensure there is extra space for parking. Testimony of M. Palaniuk. That said, if residents chose to park on the street, they may do so. As the Staff noted, parking in allowed in the public ROW. See id. 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. Submit a final plat application that complies with all submittal requirements specified in chapter 20.40 SVMC. 2. Submit a final plat containing the following note on the face of the plat: “All lots within this plat shall comply with the building setback requirements, maximum building height standard, maximum lot coverage standard, and other applicable lot development standards for the R-3 zoning district or successor zoning designation to the extent permitted by Washington State law in effect at the time of building permit application.” Page 10 of 18 3. The Following addresses have been approved by the City of Spokane Valley for use in the subdivision. The addresses shall be designated on the final plat: Block / Lot Address Alternate Address Block 1 Lot 1 5605 N Calvin Road Lot 2 5609 N Calvin Road Lot 3 5613 N Calvin Road Lot 4 14501 E Rowan Avenue Lot 5 14505 E Rowan Avenue Lot 6 14509 E Rowan Avenue Lot 7 14513 E Rowan Avenue Lot 8 14517 E Rowan Avenue Lot 9 14603 E Rowan Avenue Lot 10 14607 E Rowan Avenue Lot 11 14611 E Rowan Avenue Lot 12 14615 E Rowan Avenue Lot 13 14619 E Rowan Avenue Lot 14 14623 E Rowan Avenue Lot 15 14627 E Rowan Avenue Lot 16 14701 E Rowan Avenue Lot 17 14705 E Rowan Avenue Lot 18 14709 E Rowan Avenue Lot 19 14713 E Rowan Avenue Lot 20 14717 E Rowan Avenue Lot 21 14721 E Rowan Avenue Block 2 Lot 1 5610 N Calvin Road / 14506 E Rowan Avenue Lot 2 14510 E Rowan Avenue Lot 3 14514 E Rowan Avenue Lot 4 14518 E Rowan Avenue Lot 5 14604 E Rowan Avenue Lot 6 14608 E Rowan Avenue Lot 7 14612 E Rowan Avenue Lot 8 14616 E Rowan Avenue Lot 9 14620 E Rowan Avenue Lot 10 14624 E Rowan Avenue Lot 11 14628 E Rowan Avenue Lot 12 14704 E Rowan Avenue Lot 13 14708 E Rowan Avenue Lot 14 14712 E Rowan Avenue Lot 15 14716 E Rowan Avenue Lot 16 14722 E Rowan Avenue Spokane Valley Development Engineering Division: 1. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access driveway plans, etc.). Plans Page 11 of 18 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. 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 been received. All documents (plans, reports, etc.) shall be submitted through the Building Department Permit Center located at 10210 E. Sprague Avenue. 3. 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. Where streets end at the plat boundary, the ROW and border easements shall continue to the plat boundary and temporary full cul-de-sacs provided at the ends of the streets. 4. In accordance with Section 22.50.020 SVMC Residential Standards, all residential driveways shall be paved. Private driveways shall conform to SVSS Section 7.3.4. 5. 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). 6. The lots within Summerfield East 10th Addition shall become members of the Summerfield East Homeowners Association (HOA) for the perpetual operation and maintenance of the Summerfield Channel and Infiltration Pond. The Covenants, Conditions, and Restrictions (CC&Rs) for the HOA shall be updated as necessary to include the lots from the 10th Addition prior to final plat. 7. If drywells are proposed that do not receive stormwater from public facilities and they are in Garrison or Springdale soils, the testing for confirming the soil classification and that the drywells will function as designed may be performed during construction. If this option is exercised then the following note shall be placed on the cover of the plans: “Per 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 storm water at the design flow rate. Engineer shall submit a copy of the documentation detailing the observations, the conclusions, and the basis for the conclusions to the City of Spokane Valley Development Engineering. If the engineer determines that the soils do not meet the design’s requirements or that a condition exists preventing the drywell from functioning as designed, the design engineer shall be notified and the design revised to meet existing conditions. Any revisions to the design shall be submitted to the City of Spokane Valley for review and acceptance.” Page 12 of 18 8. For the General Construction Notes use those in the 2009 SVSS Appendix 4A rather than those in the 2008 SRSM Appendix 3B. 9. 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 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. 10. 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. 11. All new dry wells and other injection wells shall be registered with the Underground Injection Control program (UIC) at Washington State Department of Ecology (WSDOE) prior to use and the discharge from the well(s) must comply with the ground water quality requirement (non-endangerment standard) at the top of the ground water table. Contact the UIC staff at UIC Program, WSDOE, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to: http://www.ecy.wa.gov/programs/wq/grndwtr/uic/UIConlineregis.html for registration forms and further information. Copies of the registration for drywells, which receive public road stormwater runoff, shall be sent to Development Engineering. The City of Spokane Valley National Pollutant Discharge Elimination System (NPDES) Permit Number is WAR04-6507. 12. A Construction Stormwater Permit will need to be obtained from 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. Page 13 of 18 Construction site operators must apply for a permit 60 days prior to discharging stormwater. More information can be obtained from http://www.ecy.wa.gov/programs/wq/stormwater/construction/ Prior to or during on-site construction the applicant or successors in interest shall: Spokane Valley Development Engineering Division: 1. A pre-construction conference with Development Engineering is required prior to the start of construction. During this meeting, standards and submittal requirements for the Construction Certification will be given to the project engineer/inspector. 2. For construction affecting public ROW, forty-eight (48) hours prior to construction securely post a sign at each point of ingress to the project area. Sign is to be clearly visible from the ROW and to provide project construction details. See 2009 SVSS Section 9.7. 3. Permits are required for any access to or work within the ROW of the Spokane Valley roadway system. A traffic control plan will be required to accompany the ROW obstruction permit. 4. NOTICE – The Regional Pavement Cut Policy may prevent or limit pavement cuts in the adjacent street(s). There is a three-year moratorium on pavement cuts for newly paved streets. Please contact the City ROW inspector 720-5025 for further information. 5. The temporary erosion and sediment control (TESC) structures (such as filter fence, silt ponds, silt traps) are to be installed prior to the start of site work and maintained throughout the duration of construction and until the site has stabilized. 6. All survey monuments shall be protected during construction. Any disturbed or damaged monuments shall be replaced prior to certification / final plat and/or release of surety. 7. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject to inspection by the City Senior Development Engineer or by his staff. 8. Upon completion of the improvements, a Construction Certification package and record drawings are required for the improvements and shall be submitted and approved prior to Final Plat approval according to 2009 SVSS Chapter 9. 9. All public improvements shall provide a Performance/Warranty Surety per 2009 SVSS Chapter 9. The City accepts Letters of Credit, Cash Savings Assignments, and Bonds for Warranty Sureties. Bonds are not accepted for Performance Sureties. Page 14 of 18 Prior to or during on-site construction the applicant or successors in interest shall: 1. ROW dedication and border easements must be designated on the final plat map. 1. The HOA’s Unified Business Identification (UBI) number shall be referenced on the face of the Final Plat. 2. Plat language will be determined at the time of final plat submittal. Contact Development Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat language. Spokane County Environmental Services Department: 1. 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. All existing uses, not currently connected to the sanitary sewer system, are required to be connected.” 2. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 3. The appropriate General Facilities Charges (GFC) and Special Connection Charges (SCC) will be assigned to this development. 4. The dedication shall state: “Arrangements for payment of applicable sewer charges must be made prior to issuance of sewer connection permit. Sewer charges may include special connection charges and general facilities charges. Charges may be substantial depending upon the nature of the development.” 5. As per the development regulations/zoning code of the governing authority as amended, security shall be deposited with SCES for the construction of the public sewer connection and facilities and for the prescribed warranty period. Security shall be in a form acceptable to the SCES and in accordance with the Spokane County Sanitary Sewer Ordinance. 6. Sewer plans acceptable to the SCES shall be submitted prior to the finalization of the project. Upon submittal of sewer plans, additional conditions may apply. 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. Page 15 of 18 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), State Department of Health. 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.” Spokane Valley Fire Department: 1. New fire hydrants are required. a. Hydrants shall stand plumb. The traffic breakaway flange is to be set at the finished curb/grade elevation with the lowest outlet of the hydrant no less than 18 inches above the curb grade. There shall be a clear area around the hydrant of not less than 36 inches as measured from outside edge of the barrel or outlet ports, whichever is greater, for clearance of a hydrant wrench on both outlets and the control valve. All fire hydrants 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). Page 16 of 18 b. The pumper port shall face the street. Where the street cannot be clearly defined or recognized, the port shall face the most likely route of approach and location of the fire apparatus while pumping, as determined by the local fire protection authority. 2. Provide a water plan showing the location of required hydrants and size of water main. a. An approved water plan signed by the water district and the fire department is required for any associated grading permit approval. 3. As this is a portion of a multi-phase project primary and secondary access shall be in place prior to approval of the 31st building permit as the project exceeds 30 single-family units permitted on a single access. 4. 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. 5. A new street sign shall be provided at each new intersection. Avista Utilities: 1. Include the following language in the plat dedication: “Easements for “Dry” utilities (electric, gas, phone, fiber, cable TV) as shown on the herein described plat are hereby dedicated for the use of serving utility companies for the construction, reconstruction, maintenance, protection, inspection and operation of their respective facilities, together with the right to prohibit changes in grade over installed underground facilities and the right to prohibit, trim and/or remove trees, bushes, landscaping, without compensation and to prohibit brick, rock or masonry structures that may interfere with the construction, reconstruction, reliability, maintenance, and safe operation of same. Storm drain dry wells and Water Meter boxes shall not be placed within the “Dry” easements; however, lateral crossings by storm drain, water and sewer lines are permitted. Serving Utility companies are also granted the right to install utilities across future acquisition areas or border easements.” Washington State Department of Ecology: 1. Proper erosion and sediment control practices shall 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. 2. The operator of a construction site that disturbs one acre or more of total land area, and which has or will have a discharge of stormwater to a surface water or to a storm sewer, must apply for coverage under WSDOE’s Baseline General Permit for Stormwater Discharges Associated with Construction Activities. 3. lf any soil or groundwater contamination is known to be on the site, additional information is needed. The applicant may be required to submit additional studies and reports including, but not limited to, TESC plans, a stormwater pollution prevention plan, a site map depicting sample locations, a list of known contaminants with concentrations and depths found, and other information about the contaminants. 4. Revised Code of Washington (RCW) 90.48.080 prohibits the discharge of polluting matter to waters of the state of Washington. Any discharge of sediment-laden runoff or other pollutants to waters of the State without a permit is in violation of RCW Chapter 90.48 Water Pollution Control and 173-201A of the Washington Adminiskative Code (WAC) Water Quality Standards of Surface Waters of the state of Washington and is subject to enforcement action. DATEDthis 17h dayof January,2020. Brian T. McGinn City of Spokane Valley Hearing Examiner Page 17 of '18 -4,"_*4-- Page 18 of 18 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 January 17, 2020, 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 January 21, 2020. THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS FEBRUARY 11, 2020. The complete record in this matter is on file with 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.