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SUB-2020-0001 Decision.pdfPage 1 of 18 CITY OF SPOKANE VALLEY HEARING EXAMINER Re: Preliminary Plat Application by KJT, LLC to subdivide 4.7 acres into 26 residential lots on property in the R-3 zone ) ) ) ) FINDINGS, CONCLUSIONS, AND DECISION FILE NO. SUB-2020-0001 SUMMARY OF PROPOSAL AND DECISION Proposal: The applicant is proposing to subdivide 4.7 acres into 26 residential lots on property located in the R-3 zone. Decision: Approved, with conditions. FINDINGS OF FACT BACKGROUND INFORMATION Applicant/ Owner: KJT, LLC 322 N University Road Spokane Valley, WA 99206 Property Location: The site is generally located west of and adjacent to Mayhew Road between E. Olympic Avenue and E. Queen Avenue, in the City of Spokane Valley. The site does not currently have an address. The site is situated in the NE ½ of the SE ¼ of Section 34, Township 26 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Legal Description: Lot 1 of Spokane Valley Final Short Plat No. SHP-2019-0034, as recorded in Volume 34 of Short Plats, Pages 24 and 25, records of Spokane County Auditor, Spokane Valley, Washington. The site is identified by Parcel Number 46344.2501. 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 consists of a single 4.7-acre parcel that is vacant with the exception of a single accessory structure that will be removed. The terrain is flat and covered with grass, weeds, and shrubs and was previously used as farmland or pasture. There are no water features or critical areas on the site. Neither the shape nor the topography of the site present any genuine obstacles to the development of the property. Surrounding Conditions and Uses: The site is surrounded by single-family residential development, all in the R-3 zone and SFR designation, with lots that are predominantly one-half acre or larger in size. Substantial development has recently occurred north and east of the site to include a number of subdivisions: The Meadow’s at Plante’s Ferry, Roth Addition, Mathis, Hunter’s Run, and Summerfield East. This subdivision shares its Page 2 of 18 northern boundary with The Meadow’s at Plante’s Ferry subdivision and is similar in lot size and density to that subdivision. The surrounding subdivisions are primarily single- family homes with an approximate density of three to five units per acre. Spokane County jurisdiction lies north of Sanson Road, which runs east-west parallel to the property approximately 1,000 feet north of the site. Project Description: The subdivision will divide 4.7 acres into 26 single-family residential lots. Public streets will be constructed to serve the newly created lots. Olympic Avenue will extend west from Mayhew Road and intersect with Blake Road. Blake Road will extend north and south, connecting with the existing Blake Road to the north. The street will terminate at the south boundary of the property and will be available to serve future development of the abutting parcels. A private road, to be named Wabash Lane, will extend east from the south end of Blake Road to serve lots 8 through 11, Block 2. Lots 8 and 9 will have the option of taking access from either Blake Road or Wabash Lane. Olympic Avenue and Blake Road will be constructed to public street standards and dedicated to the public as part of the plat. Curb, gutter, sidewalks, and swales will be required as part of the street construction. Wabash Lane will be constructed as a private street within an ingress/egress easement on Lots 8 – 11, Block 2. The subject parcel was recently created through short subdivision file number SHP-2019-0034, AFN 6894619, recorded February 21, 2020. The previous property owner maintained a 1,200 square foot accessory structure that remains on this site. The structure was allowed to remain on the property at finalization of the short subdivision so the previous property owner, who resides at 5107 N Mayhew Road, could store property while he built a new accessory building on his property adjacent to the project site. The applicant has submitted a surety for the removal of the structure, which must be removed no later than October 15, 2020. PROCEDURAL INFORMATION Authorizing Ordinances: Spokane Valley Municipal Code (SVMC) Chapter 4 (Land Use); SVMC Title 19 (Zoning Regulations); SVMC Title 20 (Subdivision Regulations); SVMC Title 21 (Environmental Controls); and SVMC Section 22.20 (Concurrency), 2009 Spokane Valley Street Standards (SVSS); 2008 Spokane Regional Stormwater Manual (SRSM); and Spokane Regional Health District (SRHD) regulations. Notice of Application: Mailed: March 27, 2020 Publication: March 27, 2020 Notice of Public Hearing: Mailed: June 9, 2020 Posted: June 5, 2020 Publication: June 5 & 12, 2020 Public Hearing Date: June 24, 2020 Site Visit: June 23, 2020 State Environmental Policy Act (SEPA): An Determination of Nonsignificance (DNS) was issued on May 8, 2020. Any appeal of the DNS was due on May 22, 2020. No appeal was filed. Page 3 of 18 Testimony: Also present or submitted comments to the record: 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 and Checklist 10. Trip Generation & Distribution Letter (TGDL) 11. Notice of Public Hearing Materials 12. Agency Comments 13. Staff PowerPoint Presentation FINDINGS AND CONCLUSIONS To be approved, the proposed preliminary plat must comply with the criteria set forth in the SVMC and demonstrate consistency with the CP. The Hearing Examiner has reviewed the plat application and the evidence of record with regard to the application and makes the following findings and conclusions: Marty Palaniuk, Planner City of Spokane Valley Building and Planning Division 10210 E Sprague Avenue Spokane Valley, WA 99206 Stanley Schultz, Attorney at Law 425 S. Alpine Drive Liberty Lake, WA 99019 Dan Mullenix 12210 E. 38th Avenue Spokane Valley, WA 99216 Ken Tupper 322 N. University Road Spokane Valley, WA 99206 Aaron Simpson Simpson Engineers 909 N. Argonne Road Spokane Valley, WA 99212 David and Lynda Weaver 5130 N. Avalon Road Spokane Valley, WA 99216 Brian Holecek 5207 N. Mayhew Road Spokane Valley, WA 99216 Page 4 of 18 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. 3. The proposed preliminary plat satisfies the development standards that are applicable at this stage. The minimum lot size in the R-3 zone is 5,000 square feet. See SVMC Table 19.70-1. The preliminary plat satisfies this standard by designing lots that range from 5,842 square feet to 9,145 square feet in size for single-family residences. See Staff Report, p. 3. The proposed preliminary plat also adheres to the applicable density standards. The maximum allowed density in the R-3 zone is six dwelling units per acre. See SVMC Table 19.70-1. The applicant proposes to divide 4.7 acres into 26 residential lots. See Staff Report, p. 4. This results in a gross density of 5.5 units per acre. See id. The accessory structure located on the site will be removed as a condition of short plat SHP-2019-0034. Therefore, the presence of that structure does not create an impediment to fully developing the site, as depicted on the preliminary plat. The Hearing Examiner agrees with the Staff that the proposed preliminary plat complies with minimum requirements for lot size and density for single-family homes and is consistent with the Zoning Regulations. See Staff Report, p. 4. The other development standards, such as building height, lot coverage, and setbacks, will be addressed at the building permit stage. See id. 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. 4-5. The Hearing Examiner agrees with the Staff’s analysis, which is hereby incorporated by reference into this decision. The project is consistent with and promotes the public health, safety, and welfare, 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 additional standards prior to proceeding. See Staff Report, pp. 4-5. 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 Page 5 of 18 space is incorporated into this development. See Staff Report, p. 7. The municipal code does not require any more than that. See id. 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 SRSM. See Staff Report, p. 7. Adherence to these standards is a condition of project approval. In addition, the required drainage plans must 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. See Staff Report, p. 7. The Staff Report thoroughly reviews the specific improvements that are required for this project. See id. The Staff’s analysis is incorporated by reference. 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. 7. The closest transit stop is on the corner of Progress Road and Wellesley Avenue, approximately 1 mile southeast of site. See id. This route is identified as Spokane Transit Authority Route 96 with 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. See Staff Report, p. 7. In addition, there are parks and recreational areas in the vicinity. Plante’s Ferry Sports Stadium Park, a 95-acre park, is located 0.5 miles southwest of the site. See id. The park serves as a regional sports complex with sports fields, trails, a shelter, playground, and other amenities. See id. Mirabeau Point Park, a 42 acre large urban park, is located 1.25 miles south of the site. See id. Centennial Trail runs along the Spokane River south of the site with a public access 1.5 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). See Staff Report, p. 7. Trentwood Elementary School, East Valley Middle School, and Page 6 of 18 East Valley High School are located within 1.25 miles of 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). Sidewalks will be constructed along the project frontage of Mayhew Road. See id. Additionally, sidewalks will be required along both sides of the interior streets (Blake and Olympic). 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. 8. 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. For example, the site does not include any surface waters, wetlands, or critical areas. See Staff Report, p. 3; see also Exhibit 9 (SEPA Checklist ¶ B(3)(a)(1)). The site is not located within a designated floodplain. See Exhibit 9 (SEPA Checklist ¶ B(3)(a)(5)). The site is very flat with no genuine risk of erosion. See Exhibit 9 (SEPA Checklist ¶ B(1)(f)). There are no threatened or endangered species of plants or animals on the site. See Exhibit 9 (SEPA Checklist ¶¶ B(4)(c) & B(5)(b)). A review of the SEPA checklist confirms these facts and does not reveal any additional causes for concern. On May 8, 2020, the City of Spokane Valley, as the lead agency, issued a DNS for this project. See Exhibit 9. The DNS was based upon a review of the completed environmental checklist, the application, applicable provisions of the SVMC, the TGDL, a site assessment, and comments from affected agencies. See Staff Report, p. 5. There is nothing in this record that would call the City’s threshold determination into question. There was no testimony or other evidence presented at the hearing suggesting that the project would result in significant environmental harms that could not be addressed through standard mitigating measures. In addition, any appeal of the DNS was due 14 days after its issuance. See Exhibit 9. The DNS was not appealed. See Staff Report, p. 6. The Washington Department of Archaeology & Historic Preservation (WSAHP) recommended that a professional archaeological survey be completed prior to any ground disturbing activities. Their recommendation was based on a desktop review of a Statewide Predictive Model, which identified the proposed project area as having high potential for archaeological resources. The prediction was due, in part, to the landform Page 7 of 18 type. WSAHP expressed concern that the scale of the ground disturbing activity would destroy any archaeological resources present. Initially, the Spokane Tribe commented that there was a low probability for cultural resources in the project area, and thus an Inadvertent Discovery Plan was sufficient. After considering the WSAHP’s comments, the Spokane Tribe changed its position and also endorsed the completion of a cultural resource survey. Given the comments of WSAHP and the Spokane Tribe, the City ultimately recommended that a project condition requiring the developer to complete a cultural resources survey. This condition has been incorporated into this decision. As a result, the Hearing Examiner concludes that historic, cultural, or archaeological resources are adequately protected. For a project of this type, another common environmental concern is impacts from traffic. The applicant’s traffic engineer evaluated the amount of traffic generated from the proposal and the anticipated distribution of that traffic. See Exhibit 10. The traffic engineer concluded that the project is not expected to have measureable impact on the local transportation system. See Exhibit 10. The Hearing Examiner does not have any reason, based on this record, to conclude otherwise. As the Staff concluded, the procedural requirements of the SVMC and the SEPA have been fulfilled by the applicant. Moreover, the proposed subdivision, as conditioned, will not have significant impacts on the environment that are not being addressed by project conditions 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. 6. More specifically, the SVMC states that concurrency must be evaluated for transportation, water, and sewer. See SVMC 22.20.010(A). On April 6, 2020, the developer’s traffic engineer submitted a TGDL in support of the project. See Exhibit 10. The analysis provided the City with data regarding the traffic that will likely be generated by the proposed development. On April 29, 2020, after considering the matter, the Spokane Valley Senior Traffic Engineer issued a Certificate of Transportation Concurrency. See Staff Report, p. 6; see also Certificate of Transportation Concurrency, Exhibit 5. The Certificate confirms that the City reviewed the development and determined that sufficient roadway capacity either exists or will exist in order to accommodate the traffic anticipated from the proposed subdivision. See id. No mitigation measures were deemed necessary. See id. On March 5, 2020, the District signed a Certificate of Water Availability for the project. See Exhibit 5 (Certificate of Water Availability). However, the Certificate indicates that an improvement to the water system is required in order to reach the site. See id. The Certificate further states that the water system has a current Washington State Department of Health (WSDOH) Operating Permit allowing the number of new taps requested. See id. Page 8 of 18 On March 18, 2020, 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. 8. The R-1, R-2, and R-3 districts of the SVMC are intended to implement the SFR designation. See id. The proposed subdivision is a low-density residential development that is consistent with its R-3 zoning and the SFR designation under the CP. The neighborhood is characterized by single-family dwellings on larger lots. See Staff Report, p. 8. 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 Mayhew Road. See Staff Report, p. 8. Improvements on the interior streets include separated sidewalks along both sides. See id. The interior streets will provide a connection from Mayhew Road to Keller Road. See id. Development Engineering has conditioned the proposed development to meet applicable community standards. See id. As a result of these improvements, 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 26 new residential lots, the project creates additional housing opportunities to meet the needs of the community. See Staff Report, p. 9. 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 a stormwater system designed to protect the aquifer, consistent with Goal NR-G2; connection to public water and sewer, consistent with Policy CF-P10; coordination of new construction with various infrastructure and services, consistent with Policies CF-P13, CF-P3, and CF-P4. See Staff Report, p. 9. 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. Page 9 of 18 DECISION Based on the findings and conclusions above, it is the decision of the Hearing Examiner to approve the proposed preliminary plat subject to the following conditions: Spokane Valley Planning Division: 1. The approved preliminary plat shall have a maximum of twenty six (26) residential lots unless a preliminary plat modification is approved pursuant to SVMC 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations). 2. Pursuant to SVMC 20.30.060 (Extensions of Time) an application form and supporting data for time extension requests must be submitted to the Director at least thirty (30) calendar days prior to the expiration of the preliminary plat approval. 3. Pursuant to SVMC 20.20.050 (Prohibition against sale, lease or transfer of property) any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that does not conform to the requirements of the preliminary plat approval or that occurs without approval, shall be considered a violation of Chapter 58.17 Revised Code of Washington (RCW), and shall be restrained by injunctive action and shall be illegal, as provided in Chapter 58.17 RCW. Each sale, lease, or transfer of each separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a separate and distinct offense. 4. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary and final subdivisions be made by or under the supervision of a professional land surveyor. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with the Survey Recording Act (RCW 58.09) and Survey and Land Descriptions (Washington Administrative Code [WAC] 332-130). 5. SVMC 20.30.050 (Expiration of Preliminary Approval) provides that preliminary plat approval automatically expires five (5) years after preliminary approval is granted unless a time extension is approved for the project. If a request for an extension of time is not submitted and approved, the preliminary approval expires and the preliminary plat is null and void. 6. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan) the City of Spokane Valley shall record with the Spokane County Auditor’s Office the final plat, upon receipt of all required signatures on the face of the plat. 7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the Applicant prior to recording. 8. Submit a final plat application that complies with all submittal requirements specified in SVMC 20.40. 9. Submit a final plat containing the following note on the face of the plat: Page 10 of 18 “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.” 10. Prior to issuance of the Engineered Grading Permit, the developer shall submit a Cultural Resource Survey report completed by a qualified professional to the Spokane Valley Community and Public Works Department. In addition to the report, the developer shall submit evidence of the acceptance/concurrence with the findings in the report from the WSAHP and the Spokane Tribe of Indians. 11. Upon any discovery of potential or known archaeological resources at the subject property prior to or during future on-site construction, the developer, contractor, and/or any other parties involved in construction shall immediately cease all on-site construction, shall act to protect the potential or known historical and cultural resources area from outside intrusion, and shall notify, within a maximum period of twenty-four (24) hours from the time of discovery, the City of Spokane Valley Community and Public Works Department of said discovery. Spokane Valley Building Division: 1. The following addresses have been assigned and shall be designated on the final plat: Block / Lot Address Alternate Address Block 1 Lot 1 13527 E Olympic Avenue 5217 N Mayhew Road Lot 2 13523 E Olympic Avenue Lot 3 13519 E Olympic Avenue Lot 4 13515 E Olympic Avenue Lot 5 13511 E Olympic Avenue Lot 6 13507 E Olympic Avenue Lot 7 13503 E Olympic Avenue 5114 N Blake Rd Block 2 Lot 1 13528 E Olympic Avenue 5222 N Mayhew Road Lot 2 13524 E Olympic Avenue Lot 3 13520 E Olympic Avenue Lot 4 13516 E Olympic Avenue Lot 5 13512 E Olympic Avenue Lot 6 13508 E Olympic Avenue Lot 7 13504 E Olympic Avenue 5014 N Blake Road Lot 8 13509 E Wabash Lane 5008 N Blake Road Lot 9 13510 E Wabash Lane 5002 N Blake Road Lot 10 13513 E Wabash Lane Lot 11 13514 E Wabash Lane Page 11 of 18 Block / Lot Address Alternate Address Block 3 Lot 1 5115 N Blake Street Lot 2 5109 N Blake Street Lot 3 5103 N Blake Street Lot 4 5025 N Blake Street Lot 5 5019 N Blake Street Lot 6 5013 N Blake Street Lot 7 5007 N Blake Road Lot 8 5001 N Blake Road Spokane Valley Development Engineering Division: 1. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access driveway plans, etc.). Plans shall conform to the SVSS, or as amended; the SRSM, or as amended; the SVMC; and all other federal, state, and local regulations, as applicable. 2. Review of civil plans and supporting documents cannot proceed until a preliminary plat decision has been issued and an application for a Land Disturbance permit has been received. All documents (plans, reports, etc.) shall be submitted through the Building Department Permit Center located at 10210 E. Sprague Avenue. 3. Mayhew Road is designated as Local Access streets and frontage improvements are required per SVSS Chapter 2 and are described below. Existing utilities shall be relocated to 2 feet behind the sidewalk. a. 15 feet of asphalt width from street centerline to edge of gutter. b. 2-foot wide Type “B” curb and gutter per SVSS Standard Plan R-102. c. 10-foot wide roadside swale per SVSS Standard Plan S-130. The applicant shall install seed/grass in the roadside swale and maintain the swale. d. 5-foot wide concrete sidewalk per SVSS Standard Plan R-103. 4. The following determines the right-of-way (ROW) and border easement dedications for a Local Access Street per SVSS Std. Plan R-120. All information is estimated from the Spokane County Assessor’s Office. The project applicant is responsible for verifying all values listed below. a. Mayhew Road existing half ROW width is 19 feet. b. Required half ROW width is 19 feet. i. ROW dedication is not required. c. A Border Easement was recorded with SHP-2019-0034. i. Note: building setbacks begin at the edge of the border easement. Page 12 of 18 5. 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. A temporary public street turnaround shall be provided at the south end of Blake Road per SVSS Std. Plan R-132. Please note that the minimum pavement and easement width for the turnaround is 24 feet. 6. The internal street was reviewed to determine the connectivity needs and impacts of the surrounding area. Based on this review, the private street as proposed accessing Lot 10 and 11 meets the minimum requirements of SVSS Section 7.3.2. The private street shall be designed per SVSS Chapter 7 and Standard Plan R-133. An approach per Standard Plan R-110 or R-112 shall be installed to delineate the private street entrance. 7. Pursuant to SVMC 22.50.020 all residential driveways shall be paved. Private driveways shall conform to SVSS Section 7.3.4. 8. Driveway approach design shall follow the SVSS, or as amended. If an existing approach is to be altered or abandoned, then the unused portion of the original approach shall be removed and replaced with curb, gutter, and sidewalk matching that which is adjacent. 9. 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 per SRSM 11.2. 10. A maintenance agreement is required for the perpetual operation and maintenance of the on-site, private street and associated facilities including, but not limited to, the stormwater systems at the end of the service life of the respective components, and any other improvements that may be legally required in the future. The maintenance agreement shall be accepted and recorded prior to approval of the final plat. 11. For the General Construction Notes use those in the SVSS Appendix 4A rather than those in the SRSM Appendix 3B. 12. Show all utilities and utility easements (i.e. telephone, power, etc.). The permittee is responsible for arranging all utility adjustments, improvements, or relocations as required for completion of the project. All rigid objects shall be located out of the clear zone. The clear zone requirements can be found in the SVSS, or as amended. The permittee shall contact every utility purveyor impacted by the project and conduct the following: a. Discuss with the purveyor the proposed work including private services, utility improvements, and any relocations and adjustments as well as the costs for these activities; b. When utility relocations are required, obtain from the purveyor a written statement that they acknowledge and concur with or have alternatives for the needed work; and Page 13 of 18 c. Forward a copy of the statement to Spokane Valley Development Engineering. Receipt of statements will be required prior to plan approval. 13. 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. 14. All new dry wells and other injection wells shall be registered with the Underground Injection Control program (UIC) at the Washington State Department of Ecology (WSDOE) prior to use and the discharge from the well(s) must comply with the groundwater quality requirement (non-endangerment standard) at the top of the groundwater table. Contact the UIC staff at UIC Program, WSDOE, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to: https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Underground-injection-control-program/Register-UIC-wells-online for registration forms and further information. The City will be requiring, as part of the Project Certification Package, documentation of either WSDOE’s Rule Authorization approval of the UIC registration or documentation that the UIC registration was submitted 60 days prior to the submittal of the City project certification package for all projects with UICs that receive public stormwater runoff. 15. A Construction Stormwater Permit will need to be obtained from the WSDOE if both of the following two conditions apply: a. Construction project disturbs one or more acres of land (area is the cumulative acreage of the entire project whether in a single or in a multiphase project), and; b. If there is a possibility that stormwater could run off the site during construction and into surface waters or into conveyance systems leading to surface waters of the state. Construction site operators must apply for a permit 60 days prior to discharging stormwater. More information can be obtained from https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater- general-permits/Construction-stormwater-permit Construction: 16. 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. 17. For construction affecting public right-of-way, forty-eight (48) hours prior to construction securely post a sign at each ingress to the project area. The sign(s) shall be clearly visible from the right-of-way and provide project construction details. See SVSS Section 9.7. 18. Permits are required for any access to or work within the ROW of the Spokane Valley roadway system. A traffic control plan shall accompany the ROW obstruction permit. Page 14 of 18 19. 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 at (509) 720-5025 for further information. 20. The Temporary Erosion and Sediment Control (TESC) structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the start of site work and maintained throughout the duration of construction and until the site has stabilized. 21. 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. 22. 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. 23. Upon completion of the improvements, a Construction Certification package and record drawings are required for the improvements and shall be submitted and approved prior to Final Plat approval according to SVSS Chapter 9. 24. All public improvements shall provide a Performance/Warranty Surety per SVSS Chapter 9. The City accepts Letters of Credit, Cash Savings Assignments, and Bonds for Warranty Sureties. Bonds are not accepted for Performance Sureties. Final Plat: 25. ROW dedication and border easements shall be designated on the final plat map. 26. The maintenance agreement recording number shall be referenced on the face of the Final Plat. 27. Plat language will be determined at the time of final plat submittal. Contact Development Engineering after civil plan approval and prior to first submittal of final plat to obtain plat language. Spokane County Environmental Services: 1. Side sewer easement with a width acceptable to the SCES shall be shown on the face of the plat as “Private Sewer and Utilities Easement.” The dedication shall state “The perpetual, non-exclusive easement as shown on the face of the plat is for the construction, maintenance, and all other uses or purposes that are or may be related to the private sewer lines. The easement shall run with the land.” For the easement to Lots 10 & 11, Block 2, the sewer label shall read “Private Sanitary Sewer.” The dedication language may change once a sewer plan is submitted. 2. Applicant shall submit expressly to SCES “under separate cover,” only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and or estimated water usage as part of the sewer plan submittal. Prior to plan submittal, the developer is required to contact Chris Knudson or Colin Depner at Page 15 of 18 (509) 477-3604 to discuss the details of the sewer plans. Once submitted, the sewer plan may require revised and or additional plat comments to be addressed. 3. Sewer plans acceptable to the SCES shall be submitted prior to the finalization of the project. 4. As per the development regulations/zoning code of the governing authority as amended, security shall be deposited with the SCES for the construction of the public sewer connection and facilities and for the prescribed warranty period. Security shall be in a form acceptable to the SCES and in accordance with the Spokane County Sanitary Sewer Ordinance. 5. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. Spokane Regional Health District: 1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, Spokane Valley Engineer, and the SRHD. 3. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 4. Water service shall be coordinated through the Director of Utilities, Spokane County. 5. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), WSDOH. 6. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the SRHD that an adequate and potable water supply is available to each lot of the plat. 7. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. 8. A statement shall be placed in the dedication to the effect that: “A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized.” 9. The dedicatory language on the plat shall state: “Use of private wells and water systems is prohibited.” 10. The final plat dedication shall contain the following statement: “The public water system, pursuant to the Water Plan approved by County and State health authorities, the local fire protection district, City of Spokane Valley, and water purveyor, shall be installed within this subdivision, and the applicant shall provide for Page 16 of 18 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. One new fire hydrant shall be installed at the southeast corner of Blake Road and Olympic Avenue. 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. b. All fire hydrants shall have a minimum of three outlets, one 4-1/2-inch inside diameter pumper outlet and two 2-1/2-inch inside diameter outlets. Threads on all outlets shall be National Standard Thread (NST). c. The pumper port shall face the street. Where the street cannot be clearly defined or recognized, the port shall face the most likely route of approach and location of the fire apparatus while pumping, as determined by the local fire protection authority. 2. Provide water plan showing location of required hydrant and size of water main. a. An approved water plan signed by the water district and the fire department is required for any associated grading permit approval. b. Minimum Required fire flow: Residential = 1,000 gallons per minute. 3. Private driveway/roads shall meet current driveway standards. Provide detailed plan showing turning radius of driveway and the driveway width. (Minimum 20 foot driving surface and 30 feet turning radius.) 4. Fire apparatus access road/driveway and turnaround shall be posted as “No Parking – Fire Lane.” a. Access roads 26 to 32 feet wide, signs posted one side (same side as hydrant if provided). 5. The new public street shall be Olympic Avenue and the new private street shall be Wabash Lane. 6. 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. 7. Street signs shall be posted at new street intersections. Avista Utilities: 1. Ten foot utility easements shall be located behind any border easements and shown on the final plat. Page 17 of 18 2. An easement shall be included within the 20-foot wide ingress/egress/utility easement on Lot 9-11, Block 2, in order to provide service to Lot 10 & 11, Block 2. 3. Include the following language in the plat dedication: “Utility easements 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, the right to trim and/or remove trees, bushes, landscaping without compensation, and the right to prohibit structures that may interfere with the construction, reconstruction, reliability, maintenance, and safe operation of same. Serving Utility companies are also granted the right to install utilities across border easements. The Private Roads as shown hereon are dedicated for utility purposes in addition to ingress and egress as stated.” DATED this 24th day of July 2020. Brian T. McGinn City of Spokane Valley Hearing Examiner c/o City of Spokane Office of the Hearing Examiner 808 W. Spokane Falls Blvd. Spokane WA 99201 509-625-6010 hearingexaminer@spokanecity.org 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 July 27, 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 July 30, 2020. THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS AUGUST 20, 2020. The complete record in this matter is on file during and after the appeal period 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.