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SUB-2020-0003 Decision.pdfPage 1 of 19 CITY OF SPOKANE VALLEY HEARING EXAMINER Re: Preliminary Plat Application by Gordon Finch Homes to subdivide 6.2 acres into 27 residential lots on property in the R-3 zone ) ) ) ) FINDINGS, CONCLUSIONS, AND DECISION FILE NO. SUB-2020-0003 SUMMARY OF PROPOSAL AND DECISION Proposal: The applicant is proposing to subdivide 6.2 acres into 27 residential lots on property located in the R-3 zone. The subdivision is to be known as Sam’s Ranch. Decision: Approved, with conditions. FINDINGS OF FACT BACKGROUND INFORMATION Applicant: Gordon Finch Homes 101 N Argonne Road, Suite C Spokane Valley, WA 99216 Owner: Janet Grigsby 14809 E 10th Avenue Spokane Valley, WA 99037 Property Location: The site is addressed as 17803 E. Mission Avenue. The site is situated in the SE ¼ of the NW ¼ of Section 7, Township 25 North, Range 45 East, Willamette Meridian, Spokane Valley, Spokane County, Washington. Legal Description: The legal description is provided in Exhibit 5. The site is identified by Parcel Number 55073.1757. 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 (“City”) Comprehensive Plan (CP). Site Description: The site consists of single parcel totaling 6.2 acres. A single-family home is located in the southwest corner. The remainder of the property consists of vacant field. The terrain is relatively flat with little to no slope. The site is covered with residential landscaping, weeds, and shrubs. There are no water features or critical areas on the site. Surrounding Conditions and Uses: The site is surrounded to the north, east, and west with single-family residential development, all in the R-3 zone and SFR designation. Riverbend Elementary School is located to the south and is also in the R-3 zone and SFR designation. Page 2 of 19 Project Description: The subdivision will divide 6.2 acres into 27 residential lots. The site lies in the northwest corner of the intersection of Mission Avenue and Long Road. The new Riverbend Elementary School is located south of the site across Mission Avenue. Mission Avenue fronts along the south boundary of the parcel, and Long Road lies along the east boundary. A single-family residence and several accessory structures occupy the southwest corner of the site and take access to Mission Avenue. All of the existing structures, including the single-family residence, will be removed. Mission Avenue was recently improved as part of a city-directed capital improvement. As a result, no improvements to Mission Avenue will be made as part of this project. The site’s frontage along Long Road will be improved with curb, gutter, sidewalk, and swale. Nora Avenue will extend west across the width of the site from Long Road and terminate at the west boundary. Garvin Court will extend south from Nora Avenue and will end in a cul-de- sac. Both Nora Avenue and Garvin Court will be dedicated as public streets and will be designed and constructed consistent with the 2009 Spokane Valley Street Standards (SVSS) for public streets. The improvements will include curb, gutter, sidewalks, and swales along both sides of the streets. A private street (Garvin Lane) will extend north from Nora Avenue to provide access to three lots at the north portion of the site. The private street will meet the SVSS for a private street and will not require curbs, gutters, or sidewalks. 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). Notice of Application: Mailed: June 26, 2020 Publication: June 26, 2020 Notice of Public Hearing: Mailed: August 24, 2020 Posted: August 6, 2020 Publication: August 21 & 28, 2020 Public Hearing Date: September 9, 2020 Site Visit: September 11, 2020 State Environmental Policy Act (SEPA): A Mitigated Determination of Nonsignificance (MDNS) was issued on August 14, 2020. Any appeal of the MDNS was due on August 28, 2020. No appeal was filed. Testimony: Marty Palaniuk, Planner City of Spokane Valley Building and Planning Division 10210 E Sprague Avenue Spokane Valley, WA 99206 Scott McArthur H2 Surveying & Engineering PO Box 2916 Hayden ID 83835 Page 3 of 19 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 MDNS 10. SEPA Checklist 11. Certificate of Transportation Concurrency and Trip Generation & Distribution Letter (TGDL) 12. Notice of Public Hearing Materials 13. Agency Comments 14. 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: 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 5,947 square feet to 11,184 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 6.2 acres into 27 residential lots. See Staff Report, p. 3. This results in a gross density of 4.3 units per acre. See id. Rob O’Callaghan & Brian Offield Gordon Finch Homes 1301 N. Argonne Spokane Valley WA 99212 Tim Grigsby 14809 E. 10th Avenue Spokane Valley WA 99037 Page 4 of 19 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., p. 3. The existing structures do not need to be considered further, as those structures will be removed from the site. 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 space is incorporated into this development. See Staff Report, p. 6. The SVMC does not require any more than that. See id. The project makes appropriate provisions for drainage ways. See SVMC 20.20.100(C). The project design includes two stormwater tracts (Tracts A and B) to provide treatment for street stormwater. See Staff Report, p. 6. All drainage from the project will be managed in accordance with the 2008 Spokane Regional Stormwater Manual (SRSM). See id. 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. 6. 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 Page 5 of 19 Authority (STA). See Staff Report, p. 6. Transit Route 98 travels along Barker Avenue one-half (1/2) of a mile distance from the site 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 Spokane Regional Health District (SRHD) and Consolidated Irrigation District #19 (the District), the local water purveyor. See Staff Report, p. 6. 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. 6. 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, pp. 6-7. In addition, there are parks and recreational areas in the vicinity. Greenacres Park is located south of the site across Mission Avenue approximately one-quarter (1/4) of a mile. See id. Sullivan Park, a community park, is located 1.5 miles from the site. See id. Centennial Trail can be accessed three-quarters (3/4) of a mile from the site where Mission Road terminates at the Spokane River. See id. The City Parks and Recreation Master Plan also identified Greenacres Park as the site for a proposed pet park. 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 Central Valley School District (CVSD). See Staff Report, p. 7. Riverbend Elementary School is located adjacent to the site across Mission Avenue. See id. Selkirk Middle School is located 1.5 miles from the site, and Central Valley High School is located 1.75 miles from the site. See id. The CVSD 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 both sides of Nora Avenue and Garvin Court is required as part of this project. See Staff Report, p. 7. A 10-foot wide paved public pathway will be constructed between lots 10 and 11, Block 1 that will connect Mission Avenue to Garvin Court. See id. Children will be able to walk south to the Riverbend Elementary school from Nora Avenue and Garvin Court, and then along the existing Mission Avenue sidewalk to the designated crosswalk. See id. Sidewalks will also be constructed along Long Road. See id. Sidewalks were previously constructed along Mission Avenue, as part of a City capital improvement project. 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 Page 6 of 19 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. 7. 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 limited by its physical characteristics or the presence of environmentally sensitive conditions. For example, the site does not include any open waterways, wetlands, riparian areas, or other critical areas. See Staff Report, p. 8; see also Exhibit 10 (SEPA Checklist ¶ B(3)(a)(1)). The site is not located within a designated floodplain. See Staff Report, p. 8; see also Exhibit 10 (SEPA Checklist ¶ B(3)(a)(5)). The Applicant described the site as rolling, with the steepest slopes being approximately 8%. See Exhibit 10 (SEPA Checklist ¶ B(1)(a)-(b)). However, there is no known history of unstable soils. See Exhibit 10 (SEPA Checklist ¶ B(1)(d)). There was no evidence in the record that the topography would pose any genuine obstacle to development of the site. In addition, mitigation measures, such as erosion control, will address the potential impacts. See Exhibit 10 (SEPA Checklist ¶ B(1)(f)). There are no threatened or endangered species of plants or animals on the site. See Exhibit 10 (U.S. Fish & Wildlife IPaC Report attached to SEPA Checklist). In addition, the site contains no habitat for native species. See Staff Report, p. 8. On August 14, 2020, the City, 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, 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 standard 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 Spokane Tribe of Indian recommended that a professional cultural survey be completed prior to any ground disturbing activities as the area is considered to be in a high-risk area. Given the comments of 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 the MDNS. 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 11 (TGDL, dated Page 7 of 19 August 4, 2020). The city’s traffic engineer concluded that sufficient roadway capacity exists and did not require any mitigation. See Exhibit 11 (Certificate of Transportation Concurrency, dated August 7, 2020). 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. 8. More specifically, the SVMC states that concurrency must be evaluated for transportation, water, and sewer. See SVMC 22.20.010(A). On August 4, 2020, 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 August 7, 2020, after considering the matter, the City Senior Traffic Engineer issued a Certificate of Transportation Concurrency. See Staff Report, p. 8; see also Certificate of Transportation Concurrency, Exhibit 11. 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 June 17, 2020, the District signed a Certificate of Water Availability for the project. See Exhibit 5 (Certificate of Water Availability). The Certificate 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. However, the Certificate indicates that the developer must construct improvements to the water system in order to reach the site. See id. With that extension, the water system will be sufficient to serve the proposed development. On June 3, 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. Thus, the system will be extended in order to serve the development. 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. Page 8 of 19 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. 9. 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 smaller lots. See id. 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 Long Road and the new public streets. See id. Improvements on the interior streets include separated sidewalks along both sides. 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 27 new residential lots, the project creates additional housing opportunities to meet the needs of the community. See Staff Report, p. 10. 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 id. Considering the characteristics and design of the proposal, the Hearing Examiner agrees with the Staff that it is consistent with the CP. Therefore, this criterion is satisfied. DECISION Based on the findings and conclusions above, it is the decision of the Hearing Examiner to approve the proposed preliminary plat subject to the following conditions: Page 9 of 19 Spokane Valley Planning Division: 1. The approved preliminary plat shall have a maximum of 27 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 Community & Public Works Department at least 30 calendar days prior to the expiration of the preliminary plat approval. 3. Pursuant to SVMC 20.20.050 (Prohibition against sale, lease or transfer of property) any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that does not conform to the requirements of the preliminary plat approval or that occurs without approval, shall be considered a violation of Chapter 58.17 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), Survey and Land Descriptions (Washington Administrative Code [WAC] 332-130). 5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), stipulates that preliminary plat approval automatically expires five years after preliminary approval is granted unless a time extension is approved for the project. If a request for an 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 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: “All lots within this plat shall comply with the building setback requirements, maximum building height standard, maximum lot coverage standard, and other applicable lot development standards for the R-3 zoning district or successor zoning designation to the extent permitted by Washington State law in effect at the time of building permit application.” Page 10 of 19 10. All of the existing building structures shall be demolished or removed prior to submitting the final plat application. A demolition permit shall be required from the City prior to the demolition of any structure. Verification of the removal or demolition of the structures shall be required prior to final plat application acceptance. 11. Pursuant to Section 22.70.070 SVMC, screening shall be installed on Lots 10 and 11 adjacent to Mission Avenue in order to screen the lots from the arterial street. The screening shall be shown on the civil plans with a note indicating the method of screening to be used. If landscaping is required for the screening then a landscaping plan shall be submitted with the civil plans. The screening shall account for the dedicated public access throughway between Lots 10 and 11. 12. 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 24 hours from the time of discovery, the City 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 1724 N Garvin Court 17816 E Nora Avenue Lot 2 1718 N Garvin Court Lot 3 1714 N Garvin Court Lot 4 1708 N Garvin Court Lot 5 1624 N Garvin Court Lot 6 1620 N Garvin Court Lot 7 1616 N Garvin Court Lot 8 Lot 9 1608 N Garvin Court Lot 10 1604 N Garvin Court Lot 11 1605 N Garvin Court Lot 12 1609 N Garvin Court Lot 13 1613 N Garvin Court Lot 14 1617 N Garvin Court Lot 15 1621 N Garvin Court Lot 16 1625 N Garvin Court Lot 17 1709 N Garvin Court Lot 18 1715 N Garvin Court Lot 19 1721 N Garvin Court Page 11 of 19 Block / Lot Address Alternate Address Lot 20 Block 2 Lot 1 17807 E Nora Avenue 1804 N Garvin Lane Lot 2 17811 E Nora Avenue Lot 3 1810 N Garvin Lane Lot 4 1818 N Garvin Lane Lot 5 1824 N Garvin Lane Lot 6 17815 E Nora Avenue Lot 7 17819 E Nora 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 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 an application for a Land Disturbance permit has been received. All documents (plans, reports, etc.) shall be submitted through the City Permit Center located at 10210 E Sprague Avenue, Spokane Valley, WA. 3. Long Road is designated as a Local Access street 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 (crown) to edge of gutter. The widening shall start at the north plat boundary and extend to the south to where it ties into the existing pavement taper, then the improvements shall parallel the existing striping. A preliminary exhibit shall be submitted for review prior to civil plans submittal. b. 2-foot wide Type “B” curb and gutter per SVSS Standard Plan R-102. The improvement shall align with the existing curb return at the corner of Mission and Long. 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 at roadside swales and 6-foot wide concrete sidewalk at the adjacent curb and gutter per SVSS Std. Plan R-103. 4. The following determines the right-of-way (ROW) and border easement dedications for a Local Access street per SVSS Std. Plan R-120. All information is estimated from the Spokane County Assessor’s Office. The project applicant is responsible for verifying all values listed below. a. Existing half ROW width is 30 feet. Page 12 of 19 b. Required half ROW width varies. i. ROW dedication to be determined with as-built. ii. ROW shall be dedicated to 2 feet behind back of sidewalk if adjacent sidewalk is provided OR to 2 feet behind back of curb if separated sidewalk is provided. c. A Border Easement is required and shall extend from the ROW to the back of separated sidewalk. i. Border Easement dedication will be determined with as-built. ii. Note: building setbacks begin at the edge of border easement. 5. The internal streets, Nora Avenue and Garvin Court, shall be designated and designed as a local access public street 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. 6. A 15-foot wide public access easement with a 10-foot paved pedestrian pathway shall be provided from the south end of Garvin Court to Mission Avenue between Lots 1 and 26. The pavement section shall consist of 2-inch HMA Class ½-inch PG 64-28 over 6-inch CSTC. 7. Include the following statement in the final plat dedication: “The Public Access Easement shall be granted to the City of Spokane Valley and its authorized agents, and to the public for pedestrian use purposes, including, but not limited to, travel and access over, upon and across Lots 10 and 11. Said Easement shall be kept open, clear, and free of any nuisances, vegetation, snow and ice, or buildings and structures of any kind.” 8. Include the following statement in the final plat dedication: “Lots 10 and 11 shall be responsible for the maintenance of the 10-foot paved pedestrian pathway and the landscaping within the 15-foot wide public access easement. Property owners are responsible for keeping the pedestrian pathway free of obstructions and debris, including snow and ice.” 9. Public sidewalk shall be provided around the Garvin Court cul-de-sac per Std. Plan R-103. 10. Lots 1 through 9, Block 1, shall not take access to Long Road and Lots 10 and 11, Block 1, shall not take access from Mission Avenue. 11. In accordance with the SVMC, Zoning Regulations (22.50.020 Residential Standards), all residential driveways shall be paved. Private driveways shall conform to SVSS Section 7.3.4. 12. 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 Page 13 of 19 approach shall be removed and replaced with curb, gutter, and sidewalk matching that which is adjacent. 13. 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. 14. A Homeowners Association (HOA) is required for the perpetual operation and maintenance of drainage Tracts A and B. A draft copy of the Covenants, Conditions, and Restrictions (CC&Rs) for the HOA shall be submitted with the drainage submittal. 15. An Operations and Maintenance Manual, per SRSM Chapter 11 shall be submitted with the initial submittal of final design plans for the drainage Tracts A and B. 16. A maintenance agreement is required for the perpetual operation and maintenance of the on-site private street, Garvin Lane, and the associated stormwater systems 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. 17. For the General Construction Notes use those in the SVSS Appendix 4A rather than those in the SRSM Appendix 3B. 18. Show all utilities and utility easements (i.e. Telephone, power, etc.). The permittee is responsible for arranging all utility adjustments, improvements, or relocations as required for completion of the project. All rigid objects shall be located out of the clear zone. The clear zone requirements can be found in the SVSS, or as amended. The permittee shall contact every utility purveyor impacted by the project and conduct the following: a. Discuss with the purveyor the proposed work including private services, utility improvements, and any relocations and adjustments as well as the costs for these activities; b. When utility relocations are required, obtain from the purveyor a written statement that they acknowledge and concur with or have alternatives for the needed work; and c. Forward a copy of the statement to City Development Engineering. Receipt of statements will be required prior to plan approval. 19. 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. 20. 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 Page 14 of 19 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: 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 UIC’s that receive Public stormwater runoff. 21. 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. c. 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/ 22. 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. 23. For construction affecting public ROW, 48 hours prior to construction securely post a sign at each ingress to the project area. The sign(s) shall be clearly visible from the ROW and provide project construction details. See SVSS Section 9.7. 24. Permits are required for any access to or work within the ROW of the City roadway system. A traffic control plan shall accompany the ROW obstruction permit. 25. 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. Mission Ave was paved in 2018 and has a 3-year moratorium. 26. 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. 27. 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. 28. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed Washington State Professional Page 15 of 19 Engineer/Land Surveyor. All work is subject to inspection by the City Senior Development Engineer or by his staff. 29. 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. 30. 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. 31. ROW dedication and border easements shall be designated on the final plat map. 32. The Homeowner Association’s Unified Business Identifier (UBI) number shall be referenced on the face of the Final Plat. 33. The maintenance agreement recording numbers shall be referenced on the face of the Final Plat. 34. 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: 1. 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 SCES and in accordance with the Spokane County Sanitary Sewer Ordinance. 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, Jenn Bruner, or Colin Depner at 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. The appropriate Capital Facilities Rate (CFR) will be assigned to this development. 4. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 5. As per the development regulations/zoning code of the governing authority as amended, the dedication shall state: “Individual tracts shall be subject to payment of current applicable sewer connection charges and/or general facilities charges prior to the issuance of a sewer connection permit.” Page 16 of 19 Spokane Regional Health District: 1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, Spokane Valley Engineer, and the Spokane Regional Health District. 3. Sewage disposal method shall be as authorized by the Director of Environmental Services, Spokane County. 4. Water service shall be coordinated through the Director of Environmental Services, Spokane County. 5. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), WSDOH. 6. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the SRHD that an adequate and potable water supply is available to each lot of the plat. 7. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. 8. A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal shall not be authorized. 9. A statement shall be placed in the dedication to the effect that: “A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized.” 10. The dedicatory language on the plat shall state: “Use of private wells and water systems is prohibited.” 11. The final plat dedication shall contain the following statement: “The public water system, pursuant to the Water Plan approved by County and State health authorities, the local fire protection district, City of Spokane Valley, and water purveyor, shall be installed within this subdivision, and the applicant shall provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot.” Spokane Valley Fire Department: 1. A new fire hydrant shall be installed at the following location: southwest corner of Nora Avenue and Garvin Court (northeast corner of proposed lot 20). a. Minimum required fire flow: Residential = 1,000 gallons per minute (gpm). Page 17 of 19 b. 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. c. 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). d. The pumper port shall face the street and be provided with a Storz adaptor. Where the street cannot be clearly defined or recognized, the port shall face the most likely route of approach and location of the fire apparatus while pumping, as determined by the local fire protection authority. 2. Provide a water plan showing 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. 3. Private driveways/roads shall meet current driveway standards. Provide a detailed plan showing turning radius of driveway and the driveway width. A minimum 20-foot driving surface and 30-foot turning radius is required. 4. Access roads may not exceed ten percent grade. 5. The Fire apparatus access road/driveway and turnaround shall be posted as “No Parking - Fire Lane”. a. Access 26 to 32 feet wide, signs posted on both sides. 6. The following road names are required and are based on the surrounding grid: a. North/south roadway - N Garvin Court & Garvin Lane 7. Provide a water plan showing the location of the required hydrant and the size of the water main. 8. 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. A new street sign shall be provided at the intersection with N McDonald Road. Avista Utilities: 1. Provide and dedicate a 5-foot utility easement along the front of Lots 1, 3, and 4 adjacent to Garvin Lane to accommodate any above ground utility structures that will be installed to serve these parcel (transformers, etc.). 2. 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, Page 18 of 19 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, and 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 future acquisition areas or border easements. The Private Roads as shown hereon are dedicated for utility purposes in addition to ingress and egress as stated.” Washington State Department of Ecology: 1. If construction and excavation activities associate with the Sam’s Ranch project cannot contain all construction-related stormwater on site, including tracking sediment off site, the applicant must obtain the required Construction Stormwater General Permit. For more information or technical assistance in obtaining a Construction Stormwater General Permit, please contact Shannon Adams at (509) 329-3610 or via email at Shannon.Adams@ecy.wa.gov. 2. The applicant must register all dry wells installed to receive stormwater runoff with WSDOE’s UIC Program. Registration must occur 60-days before construction of the drywell. Access this information and register online at https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Underground-injection-control-program/UIC-registration-requirements-information. In addition, discharge from the well(s) must comply with the ground water quality requirement (non-endangerment standard) at the top of the ground water table. If you have questions or need further assistance, please contact Llyn Doremus, Eastern Regional Office UIC Coordinator at (509) 329-3518 or via email at Llyn.Doremus@ecy.wa.gov. 3. The water purveyor must ensure that the proposed use(s) remain within the limitations of its water rights. If the proposal’s actions differ from the existing water right (source, purpose, the place of use, or period of use), then the applicant must obtain approval from WSDOE, pursuant to Sections 90.03.380 RCW and 90.44.100 RCW. DATED this 2nd day of October, 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 19 of 19 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 October 2, 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 October 5, 2020. THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS OCTOBER 26, 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.