SUB-2019-0002 Decision Final.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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.”
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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
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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.”
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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
Administrative Code WAC) Water Quality Standards of Surface Waters of the
state of Washington and is subject to enforcement action.
DATED this 21't day of January,2020
Brian T. McGinn
City of Spokane Valley Hearing Examiner
Page 17 of 18
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
2020. THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Gode (SVMC)
and Ghapter 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 21,2020, a copy of this decision will b6 mailed by regular mail
to the Applicant and to all government agencies and persons entitled to notice
under SVMC 17.80.{30(4}. Pursuant to RCW Chapter 36.70C, the date of issuance
of the Hearing Examine.'s decision is three (3) days after it is mailed.
The date of issuance of the Hearing Examiner's decision will be January 24,
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
102{O E. Sprague Avenue, Spokane Valley, WA 99206; by contacting staff at
(5Og) 92f -{000. Copies of the documents in the record will be made available at
the cost set by the City of Spokane Valley.
FEBRUARY 14.2020.
Pursuant to RCW 36.708.130, affected property owners may request a
change in valuation for property tax purposes notwithstanding any program of
revaluation.
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