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SUB-2021-0001 Decision FinalPage 1 of 22 CITY OF SPOKANE VALLEY HEARING EXAMINER Re: Preliminary Plat Application by Air Patrol Investments, LLC, to subdivide one 4.8-acre parcel into 25 residential lots on property in the R-3 zone. ) ) ) ) ) FINDINGS, CONCLUSIONS, AND DECISION FILE NO. SUB-2021-0001 SUMMARY OF PROPOSAL AND DECISION Proposal: The Applicant is proposing to subdivide one 4.8-acre parcel into 25 residential lots on property in the R-3 zone. Decision: Approved, with conditions. FINDINGS OF FACT BACKGROUND INFORMATION Applicant/ Owner: Zac Scott Air Patrol Investments, LLC PO Box 404 Liberty Lake, WA 99019 Agent: Frank Ide Parametrix, Inc. 835 N. Post St., Suite 201 Spokane, WA 99201 Property Location: The site is addressed as 16804 East Indiana Avenue. The site is located approximately 780 feet west of the intersection of Flora Road and Indiana Avenue, and is situated in the SE ¼ of the SE ¼ of Section 12, Township 25 North, Range 44 East, Willamette Meridian, City of Spokane Valley, Spokane County, Washington. Legal Description: The legal description of the property is provided in Exhibit 5 (Preliminary Plat Map). The site is designated as Parcel Number 45124.0145. 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 a single 4.8-acre parcel. The terrain is relatively flat. The site is improved with one single-family residence and two detached accessory structures. The area near the existing residence has landscaping typical of a residential lot with several trees, shrubs, and grass. The south two-thirds of the parcel is an open field covered with grass and weeds. There are no water features or critical areas on the site. Page 2 of 22 Surrounding Conditions and Uses: The land to the north is zoned R-2 (Single Family Residential Suburban) and R-3 (Single Family Residential Urban) and is developed with single-family residences. The land to the south is zoned MU (Mixed Use) and consists of multifamily development and a senior living facility. The land to the east and west is zoned R-3 and is developed with single-family residences. The Centennial Trail is also west of the subject property. Project Description: The Applicant proposes to subdivide one 4.8-acre parcel into 25 residential lots. The lot areas range in size from 5,280 square feet to 9,278 square feet, with the exception of Lot 1, which is 13,262 square feet. Lot 1 is the location of the existing residence. The remaining 24 lots will be developed with single-family residences. The two detached accessory structures currently on the site will be demolished. The project includes two tracts. Tract A is 3,388 square feet in size and located along the east boundary line of the plat. Tract A is necessary due to the need for a border easement and curb return east of the entry into the development. Tract B is 6,652 square feet and is intended for stormwater. This tract is located in the southeast corner of the plat boundary. The subdivision will be served by Indiana Avenue. Indiana Avenue will be improved with curb, gutter, swale, and sidewalk along the frontage of the development. Indiana Avenue will be improved from the east end of the subject parcel to Flora Road with a minimum of 24 feet of pavement, a one-foot gravel shoulder, and roadside facilities. A new local access street will be extended from Indiana Avenue and into the subdivision, in a north-south direction. This local access street will terminate along the south property line in a cul-de-sac. Another new local access street, traveling in an east-west direction, will also be constructed. The east-west access street will terminate along the west property line with a temporary turnaround located on Lots 6 and 7. The local access streets within the subdivision will be improved with curb, gutter, swales, and sidewalks. PROCEDURAL INFORMATION Authorizing Ordinances: Spokane Valley Municipal Code (SVMC) Title 19 (Zoning Regulations); SVMC Title 20 (Subdivision Regulations); SVMC Title 21 (Environmental Controls); and SVMC Section 22.20 (Concurrency). Notice of Application: Mailed: March 12, 2021 Publication: March 12, 2021 Notice of Public Hearing: Mailed: June 1, 2021 Posted: June 1, 2021 Publication: May 28 & June 4, 2021 Public Hearing Date: June 16, 2021 Site Visit: June 14, 2021 State Environmental Policy Act (SEPA): A Mitigated Determination of Nonsignificance (MDNS) was issued on May 7, 2021. Any appeal of the MDNS was due by May 21, 2021. No appeal was filed. Page 3 of 22 Testimony: Present at the hearing but did not testify or submitted comments to the record: Exhibits: 1. Vicinity Map 2. Comprehensive Plan Map 3. Zoning Map 4. Aerial Map 5. Application and Preliminary Map of Record 6. Notice of Application Materials 7. SEPA Determination and Transportation Concurrency 8. SEPA Checklist 9. Notice of Public Hearing Materials 10. Agency Comments 11. Public Comments 12. Staff PowerPoint Presentation Karen Kendall, Planner City of Spokane Valley 10210 E Sprague Avenue Spokane Valley WA 99206 Zac Scott Air Patrol Investments, LLC PO Box 404 Liberty Lake, WA 99019 Frank Ide Parametrix, Inc. 835 N. Post St., Suite 201 Spokane, WA 99201 Andrew Bartelson 16818 E. Indiana Avenue Spokane Valley, WA 99016 Chad Riggs, Sr. Development Engineer City of Spokane Valley 10210 E Sprague Avenue Spokane Valley WA 99206 City of Spokane Valley Lori Barlow, Senior Planner Jerremy Clark, Senior Traffic Engineer Nikoly Smyly 16818 E. Indiana Avenue Spokane Valley WA 99016 Debbie Michielli 2908 S. Barker Road Spokane Valley, WA 99016 Amy Simmons amysimm3@gmail.com Jerry Norman 18321 E. Riverway Avenue Spokane Valley WA 99016 Page 4 of 22 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 Urban District. Single-family residential uses are outright permitted in this zone. See SVMC 19.60.050 (Permitted Use Matrix). In addition to satisfying the use limitations of the zone, any residential development must also meet the minimum lot size, density, setback, maximum lot coverage, and building height requirements of the zone. See Staff Report, p. 4. The proposal meets the minimum lot area requirements for single- family development. 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 5,280 square feet up to 13,262 square feet in size. See Staff Report, p. 2. The proposed preliminary plat also adheres to the applicable density standards. The maximum allowed density in the R-3 zone is eight DUs/acre. See SVMC Table 19.70-1. The Applicant proposes to divide 4.8 acres into 25 residential lots. See Staff Report, p. 4. This results in a gross density of 5.2 units per acre, well within the density limits of the zone. See id. The Hearing Examiner agrees with the Staff that the proposed preliminary plat complies with minimum requirements for lot size and density for single-family homes and is consistent with the Zoning Regulations. See Staff Report, p. 4. The other development standards, such as building height, lot coverage, and setbacks, must also be satisfied but will be addressed at the building permit stage. See id. This is true for the 24 undeveloped lots being proposed. Since Lot 1 already has a residence, the Applicant must develop the plat around that residence, making sure that the development standards are honored in the process. The boundaries of the lot have been drawn so that the applicable setback requirements are satisfied. See Staff Report, p. 4. The Staff determined that the existing residence satisfies the setback and lot coverage standards. See id. Finally, there is no evidence in this record suggesting that the existing residence deviates from any other development standards. Based upon the foregoing, the Hearing Examiner concludes that 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 Page 5 of 22 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. See Paragraphs 1 and 5. 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. 4-8. 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. 5. 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). All drainage from the project will be managed in accordance with the 2008 Spokane Regional Stormwater Manual (SRSM) and managed onsite. See Staff Report, p. 5. Adherence to these standards is a condition of project approval. See e.g. Conditions 1 & 13 (Engineering). In addition, the required drainage plans must be reviewed and approved by the City. See Staff Report, p. 5. The subdivision satisfies the requirements for streets and roads, alleys, sidewalks, and other public ways. See SVMC 20.20.100(D). All streets providing access to the development must be improved to satisfy the 2009 Spokane Valley Street Standards (SVSS). See Staff Report, p. 5. The developer will be required to make certain frontage improvements to Indiana Avenue, consistent with the SVSS. See id. The new street internal to the plat will be designed and built as local access streets with curb, gutter, swale, and sidewalks. See id. The project makes appropriate provisions for public transit. See SVMC 20.20.100(E). The routes and availability of transit service are determined by the Spokane Transit Authority (STA). See Staff Report, p. 5. The closest transit stop is on the corner of Flora Road and Mission Parkway, approximately 0.40 of a mile south from the site. See id. This route is identified as STA Route 95 with a weekday frequency of every 30 minutes and an evening and weekend frequency of every 60 minutes. See id. The STA did not provide comments on this project. See id., p. 11. In addition, there is no evidence in this record that this proposal has a specific impact on transit service that would justify requiring the developer to make improvements or provide other mitigation to address those concerns. 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 (District), the local water purveyor. See Staff Report, p. 5. The District signed a Certificate of Water Availability for Page 6 of 22 the project. See Exhibit 5. According to the certificate, the developer will be required to construct a water distribution system on the site. See id. In addition, a hydraulic analysis will need to be completed to verify that the existing, 6-inch line is sufficient. See id. The subdivision may be required to be in a loop system to serve the new lots. See id. The subdivision will be served by a sanitary sewer system. See SVMC 20.20.100(G). A sanitary sewer system, operated by Spokane County Environmental Services (SCES), is available for this project. See Staff Report, p. 5. 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 standard for park area is 1.92 acres of park area per 1,000 residents. No new parks or recreational facilities are required as part of this subdivision. See Staff Report, p. 6. In addition, there are parks and recreational areas in the vicinity. Centennial Trail runs along the Spokane River east of the site with a public access approximately 0.6 of a mile to the south of the site. See id. Greenacres Park, an 8.3-acre neighborhood park, is located 1 mile southwest of the site; and Sullivan Park, a 16.1-acre community park, is located approximately two 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 Central Valley School District (CVSD). See Staff Report, p. 6. Riverbend Elementary School is located approximately 0.75 of a mile east of the site, Greenacres Middle School is located within 2 miles south of the site, and Central Valley High School is located approximately 3 miles southwest of the site along Sullivan Road. 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). Sidewalks do not exist along Indiana Avenue in front of subject parcel. See Staff Report, p. 6. Sidewalk exists approximately 630 feet east of the subject parcel along Flora Road. See id. Per Development Engineering’s condition, pavement will be extended along Indiana Avenue with a one-foot gravel shoulder, allowing sufficient room for pedestrian travel. 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. 6. Neither the Hearing Examiner’s review of the matter nor the testimony or evidence presented at the hearing suggested that the project deviates from the relevant standards. The proposal makes appropriate provisions for other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. See SVMC 20.20.100(M). The Hearing Examiner agrees with the Staff that the project, as conditioned, satisfies or will satisfy all criteria set forth by other agencies. See Staff Report, p. 6. In addition, the project includes detailed conditions that incorporate the comments of all responding agencies or departments. To the Hearing Examiner’s knowledge, the proposal does not deviate from any other standards or policies. Page 7 of 22 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. 7; see also Exhibit 8 (SEPA Checklist ¶ B(3)(a)(1)). The site is not located within a designated floodplain. See Staff Report, p. 7; see also Exhibit 8 (SEPA Checklist ¶ B(3)(a)(5)). There was no evidence in the record that the topography or soil conditions would pose any genuine obstacle to development of the site. The site is generally flat. See Exhibit 8 (SEPA Checklist ¶ B(1)(a)-(b)). The site does not contain any geologically hazardous areas. See Staff Report, p. 7. In addition, there is no known history of unstable soils. See Exhibit 8 (SEPA Checklist ¶ B(1)(d)). Mitigation measures, such as erosion control, should address the potential impacts. See Exhibit 8 (SEPA Checklist ¶ B(1)(f)). There are no known threatened or endangered species of plants or animals on the site. See Exhibit 8 (SEPA Checklist ¶ B(4)(c) & ¶ B(5)(b)). In addition, the site contains no habitat for native species. See Staff Report, p. 7. On May 7, 2021, the City, as the lead agency, issued an MDNS for this project. See Exhibit 7. 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. 6. There is nothing in this record that would call the City’s threshold determination into question. There was no testimony or other evidence presented at the hearing suggesting that the project would result in significant environmental harms that were not being addressed through the proposed mitigating measures. In addition, any appeal of the MDNS was due 14 days after its issuance. See Exhibit 7. The MDNS was not appealed. The Spokane Tribe stated that the project area has high potential for archeological resources. See Exhibit 10. The Tribe’s research revealed 14 previously recorded archeological sites within 1-mile radius project area. See Staff Report, p. 7; see also Exhibit 10. In addition, the Washington State Department of Archaeology & Historic Preservation (WSDAHP) advised that the Statewide Predictive Model identified that the project area has high potential for archeological resources due to its proximity to the Spokane River. See id. The WSDAHP also noted that several archaeological sites have been recorded near the project area. See id. As a result of these comments, the MDNS includes a condition requiring the developer to complete an archaeological survey of the site. See Exhibit 7. The MDNS also requires the developer to notify the Spokane Tribe prior to ground disturbing activities, in order to facilitate monitoring by the Spokane Tribe. See id. For a project of this type, another common environmental concern is impacts from traffic. The City’s traffic engineer issued a Certificate of Transportation Concurrency, confirming that the transportation system had sufficient capacity to support the proposal, so long as traffic mitigation measures were satisfied. See Exhibit 7. The MDNS incorporates those conditions, including a requirement that the developer pay traffic impact fees in accordance with SVMC 22.100.030 and 22.100.040. See id. In addition, the developer will also be making specific improvements to its frontage along Indiana Avenue, as well as paving Indiana to a width of 24 feet between the site and Flora Avenue, as set forth in Page 8 of 22 the project conditions. The Hearing Examiner concludes, based upon this record, that the proposed traffic mitigation measures are sufficient to address the potential impacts. 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 April 5, 2021, the City Senior Traffic Engineer issued a Certificate of Transportation Concurrency. See Staff Report, p. 8; see also Certificate of Transportation Concurrency, Exhibit 10. 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. This determination was contingent upon satisfaction of the required traffic mitigation measures. See id. On January 4, 2021, 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. The developer will also be required to complete a hydraulic analysis to confirm that the existing, 6-inch water main is sufficient to serve the development. See id. The subdivision may also be required to be in a loop system to serve the new lots. See id. With these caveats, the water system is available and capable to serve the development. On December 29, 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 must 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 9 of 22 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 eight dwelling units per acre. See Staff Report, p. 8. The R-3 district is one of the zoning classifications that is 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 made up of single-family dwellings on varying size lots. See id. Pockets of denser single-family development have occurred throughout the immediate area. 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 constructed along Indiana Avenue and along the new interior public streets. 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 that neighborhoods are served by safe and convenient motorized and non-motorized transportation routes. By developing 25 new residential lots, the project creates additional housing opportunities to meet the needs of the community. See Staff Report, p. 8. The project, therefore, promotes the intent of Goal H-G1 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; and coordination of new construction with various infrastructure and services, consistent with Policies CF-P13, CF-P3, and CF-P4. See Staff Report, p. 9. The Hearing Examiner agrees with the Staff’s analysis of these issues. 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. 6. The Hearing Examiner concludes that the proposed subdivision should be approved, despite the understandable concerns raised by some neighbors. Public comments and testimony raised a number of concerns about the project. The primary concerns are addressed below. Page 10 of 22 a) General Impacts to Neighborhood One resident stated that the new development would obstruct or impact the view from her property. See E-mail of A. Simmons 4-12-2021. However, a neighboring owner does not have a right to a specific type of view over the adjacent land. In the absence of an easement, a covenant, or a statute preserving view rights, there is no basis for conditioning or denying the proposed development because of an alleged impact on the view. Some neighbors were worried that the additional traffic would place too much stress on the transportation system, in particular Indiana and the roundabout at Flora Road. See E-mails of A. Simmons 4-12-2021 and A. Bartleson & N. Smyly 4-12-2021. However, the potential impacts to the transportation system were considered by the City. As previously discussed, the Senior Traffic Engineer determined that the road system had sufficient capacity to support the development, albeit with mitigation measures. Those mitigation measures include improvements to the frontage of Indiana, paving Indiana to Flora, as well as payment of impact fees. No expert testimony was presented to contest the City’s conclusions or analysis. The Hearing Examiner concludes that the potential traffic impacts are adequately addressed. Several comments stated that the developer was proposing too many houses on this site, in particular given that neighboring properties are characterized by single-family homes on large lots. See E-mails of E-mail of A. Simmons 4-12-2021, A. Bartleson & N. Smyly 4-12-2021, and J. & J. Norman 4-9-2021. The Hearing Examiner acknowledges that this development results in the creation of smaller lots than have traditionally been developed in this area. However, this area is evolving to meet the current housing needs, and in a manner that is consistent with longer term plans for urban areas in the City. As was noted, a variety of housing types have developed in this area in recent years. Testimony of F. Ide. In any case, the proposed development is well within the allowed density range of the R-3 zone. This project is also consistent with the long-range plans for the area, as reflected by the CP. Thus, the density of the proposal is appropriate. There was also an objection that that the project would displace wildlife. See E-mail of A. Simmons 4-12-2021. However, there was no evidence that this project affected endangered or priority species, or that the site contained sensitive habitat. No departments or agencies commented that the project needed to be conditioned to protect wildlife. For example, the Washington State Department of Fish & Wildlife (WSDFW) provided no comments on this project. Finally, there was no expert testimony that suggested that the City failed to account for protected species or sensitive habitat. Under the circumstances, the Hearing Examiner does not believe that additional project conditions are justified. b) Specific Impacts to Adjacent Property The owner of the adjacent property to the east, Mr. Bartleson, stated that the construction of a house on Lot 26 would cast a shadow over the back portion of his lot, affecting its use and enjoyment. Testimony of A. Bartleson; see also E-mail of A. Bartleson & N. Smyly 4-12-2021. Mr. Bartleson also asserted that a tall house would infringe on his privacy. See E-mail of A. Bartleson & N. Smyly 4-12-2021. He suggested Page 11 of 22 that the height of a future residence on Lot 26 should be limited to 20 feet, to mitigate the potential impacts. Testimony of A. Bartleson. An owner has a right to develop his or her property, so long as the improvements satisfy the relevant regulations. Those regulations include limitations such as setbacks, lot coverage, and building height. In this case, the developer will be required to honor all such development regulations. The Hearing Examiner does not believe this record justifies additional restrictions, such as greater setbacks or a 20-foot height limitation. The setback and height restrictions themselves provide all the protections/benefits that a neighboring property owner may claim. As discussed previously, in the absence of an easement or covenant restricting the development of a neighboring property, an owner does not have a right to a view, to unobstructed light, or to be free from the shadow cast by a residence constructed at the allowed height, honoring the required setbacks, etc. Nor is there any generally recognized right to privacy that would authorize the Hearing Examiner to restrict the height of a residence. Mr. Bartleson noted that the reorientation of the house on Lot 26 created impacts on his property. See E-mail of A. Bartleson & N. Smyly 4-12-2021. The proposed orientation reduced the setback between the new house and the back of his property. See id. In addition, the reduced setback could also require him to move his chicken coop, in order to satisfy current setback requirements for chicken coops. See id. To the Hearing Examiner’s knowledge, the municipal code does not mandate that houses must be oriented so that back yards abut against the back yards of neighboring property. The City did not impose such a requirement in this case, or suggest that the layout of the development was improper as a result of the proposed orientation of a future residence on Lot 26, which would face the local access street. The fact that the side yard of Lot 26 will abut the back yard of Mr. Bartleson’s property is not a proper basis to condition the proposal. It is true that side yard setback is smaller, and this may result in a non-conformity with respect to the distance between Mr. Bartleson’s chicken coop and the new residence. However, assuming the chicken coop was legally placed in the first instance, Mr. Bartleson will likely be able to establish non-conforming use rights. Testimony of K. Kendall. This is all the protection he would be entitled to, under the circumstances. Finally, Mr. Bartleson noted that the construction of the local access street was too close to his house. See id. However, the proposed road is no closer to his residence than would be found in any number of subdivisions. In addition, the developer placed a tract between the road and Mr. Bartleson’s residence, specifically to provide some space for landscaping and to act as a buffer. The potential impacts to Mr. Bartleson’s property are adequately addressed, in the Hearing Examiner’s opinion. 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 12 of 22 Spokane Valley Planning Division: 1. The approved preliminary plat shall have a maximum of 25 residential lots unless a preliminary plat alteration is approved pursuant to SVMC 20.50 (Preliminary Plat Alterations). 2. Alterations to the approved preliminary plat may be approved pursuant to and consistent with chapter 20.50 SVMC (Subdivision Alterations) as currently adopted or hereafter amended. a. Substantial alterations include: i. The creation of additional lots or the inclusion of additional area to the plat; ii. A significant change in the preliminary plat, including but not limited to changes in points of ingress or egress or alteration of conditions of approval, or alterations that lead to significant built or natural environmental impacts that were not addressed in the original approval; or iii. Change of use. b. All other alterations shall be considered minor pursuant to chapter 20.50 SVMC except the following modifications that result from the design and engineering permit and construction process may be allowed without requiring an alteration of the preliminary plat: i. Engineering design that does not alter or eliminate features specifically required as a condition of preliminary plat approval; ii. Changes in lot dimensions that are consistent with the underlying zone, provided no increase in the number of lots occurs, and no public or private right-of-way (ROW) is decreased in width; or iii. A decrease in the number of lots to be created so long as the minimum lot size and density of the underlying zone is maintained. In the event a modification occurs under this section, the modification shall be provided on the final plat prior to final 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 o 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). Page 13 of 22 5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), preliminary plat approval automatically expires 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 20.30.060 (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. 7. 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. 8. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant prior to recording. 9. Submit a final plat application that complies with all submittal requirements specified in SVMC 20.40. 10. The applicant shall obtain a demolition permit from the City of Spokane Valley Permit Center and remove the two accessory structures. The structures shall receive a demolition permit and demolition is to be completed prior to final plat approval. 11. Proposed landscaping located within Tract A shall be submitted with an engineered grading permit to show location of trees and shrubs and method of irrigation for any vegetation. 12. All mitigation measures of the environmental determination issued on May 7, 2021, shall be completed prior to final subdivision application submittal or specified timeframe in mitigation. 13. The addresses shall be designated on the final plat: Lot Address Alternative Address Lot 1 16804 East Indiana Avenue Lot 2 1933 North Jakeman Court 16810 East Indiana Avenue Lot 3 1929 North Jakeman Court Lot 4 1925 North Jakeman Court Lot 5 16819 East Baldwin Avenue 16819 East Baldwin Avenue Lot 6 16815 East Baldwin Avenue Lot 7 16811 East Baldwin Avenue Lot 8 16807 East Baldwin Avenue Lot 9 16806 East Baldwin Avenue Lot 10 16810 East Baldwin Avenue Lot 11 16814 East Baldwin Avenue Lot 12 16818 East Baldwin Avenue 1819 North Jakeman Court Lot 13 1811 North Jakeman Court Lot 14 1807 North Jakeman Court Lot 15 1803 North Jakeman Court Page 14 of 22 Lot Address Alternative Address Lot 16 1806 North Jakeman Court Lot 17 1810 North Jakeman Court Lot 18 1814 North Jakeman Court Lot 19 1818 North Jakeman Court Lot 20 1822 North Jakeman Court Lot 21 1824 North Jakeman Court Lot 22 1902 North Jakeman Court Lot 23 1910 North Jakeman Court Lot 24 1918 North Jakeman Court Lot 25 1924 North Jakeman Court 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. Indiana Avenue 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 to edge of gutter on project side and 13 feet of asphalt on the north side of Indiana Avenue along plat boundary. b. 2-foot-wide Type 'B' curb and gutter per SVSS Std. Plan R-102. c. 10-foot-wide roadside swale per SVSS Std. 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 Std. Plan R-103. e. Additional improvements may be required based on the results of the traffic analysis. 4. The following determines the 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 20 feet. b. Required half ROW width is 19 feet. i. ROW dedication is not required. Page 15 of 22 c. A Border Easement is required and shall extend from the ROW to the back of sidewalk. d. 12-foot-wide Border Easement dedication required. e. Note: Building setbacks begin at the edge of border easement. 5. The internal streets shall be designated and designed as local access public streets per Typical Street Section R-120. Any ROW and 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 temporary public turnaround shall be provided at the west end of Baldwin Avenue per Standard Plan R-132. A full cul-de-sac will not be allowed. 7. The driveway approaches for Lots 8 and 9 shall be located on the east side of the lots to accommodate snow storage at the west end of Baldwin Avenue. 8. Pursuant to SVSS 2.3.1, Indiana Avenue shall be widened from the east edge of the plat boundary to Flora Road with a minimum pavement width of 24 feet with 1-foot gravel shoulders and roadside drainage facilities. All pavement saw cuts shall comply with the Inland Northwest Regional Pavement Cut Policy and be located at 6 feet from centerline. 9. The sidewalk, roadside swale, and common area along the east side of Nest Court and adjacent to Parcel # 45124.0146 shall be located in a tract. The tract shall be dedicated to a Homeowners Association (HOA), which shall be responsible for the perpetual maintenance of the sidewalk, roadside swale, and common area within the tract. A draft copy of Covenants, Conditions, & Restrictions (CC&Rs) for the HOA shall be submitted with the drainage submittal. 10. An Operations and Maintenance Manual, per SRSM Chapter 11 shall be submitted with the initial submittal of final design plans for the maintenance of the sidewalk, roadside swale, and common area located in the tract. 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. Driveway approaches shall be limited to 50% of the lot frontage with a maximum width of 30 feet per Std. Plans R-110 – R-112. 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 (see SRSM 11.2). 14. The consolidated stormwater pond as proposed in the initial preliminary plat map will require an HOA. Consider converting it to another lot and using roadside swales. Option #3 does not require an HOA if roadside swales are used. Page 16 of 22 15. For the General Construction Notes use those in the SVSS Appendix 4A rather than those in the SRSM Appendix 3B. 16. Show all utilities and utility easements (i.e. telephone, power, etc.). The permittee is responsible for arranging all utility adjustments, improvements, or relocations as required for completion of the project. All rigid objects shall be located out of the clear zone. The clear zone requirements can be found in the SVSS, or as amended. The permittee shall contact every utility purveyor impacted by the project and conduct the following: a. Discuss with the purveyor the proposed work including private services, utility improvements, and any relocations and adjustments as well as the costs for these activities; b. When utility relocations are required, obtain from the purveyor a written statement that they acknowledge and concur with or have alternatives for the needed work; and c. Forward a copy of the statement to Spokane Valley Development Engineering. Receipt of statements will be required prior to plan approval. 17. If sewer and/or water needs to be brought to the properties and to do this requires an Engineering design, copies of the draft 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. 18. All new dry wells and other injection wells shall be registered with the Underground Injection Control (UIC) program at Washington State Department of Ecology (WSDOE) prior to use and the discharge from the well(s) must comply with the ground water quality requirement (non-endangerment standard) at the top of the ground water table. Contact the UIC staff at UIC Program, WSDOE, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to: 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. 19. A Construction Stormwater Permit shall be obtained from the WSDOE if both of the following two conditions apply: a. Construction project disturbs one or more acres of land (area is the cumulative acreage of the entire project whether in a single or in a multiphase project), and b. If there is a possibility that stormwater could run off the site during construction and into surface waters or into conveyance systems leading to surface waters of the state. Construction site operators shall apply for a permit 60 days prior to discharging stormwater. More information can be obtained from Page 17 of 22 https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater-general-permits/Construction-stormwater-permit Construction 20. 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. 21. For construction affecting public ROW, 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 ROW and provide project construction details. See SVSS Section 9.7. 22. 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. 23. NOTICE – The Regional Pavement Cut Policy may prevent or limit pavement cuts in the adjacent street(s). There is a 3-year moratorium on pavement cuts for newly paved streets. Please contact the City ROW inspector 720-5025 for further information. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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 29. ROW dedication and border easements shall be designated on the final plat map. 30. The HOA’s Unified Business Identifier (UBI) number shall be referenced on the face of the Final Plat. Page 18 of 22 31. Plat language will be determined at the time of final plat submittal. Contact Development Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat language. Spokane Valley Fire Department: 1. One new fire hydrant shall be installed at the entrance of subdivision. 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 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. The applicant shall provide a water plan showing the location of the required hydrant and size of water main. 3. An approved water plan signed by the water district and the fire department is required for any associated grading permit approval. 4. No structures greater than 3,600 square feet (total floor area of all floor levels within the exterior walls) are allowed without additional review by Spokane Valley Fire Department for fire flow requirements. 5. Roads shall meet current driveway standards. Provide a detailed plan showing the turning radius of the driveway and the driveway width. (Minimum 20-foot driving surface and 30 feet turning radius.) 6. Access road must meet grading requirements. (No grades greater than 10%.) 7. Road names are as follows: a. “Baldwin Avenue” for east-west road. b. “North Jakeman Court” for north-south road. 8. Addresses shall be posted so they are visible from the access road during and after construction. Numbers shall be a minimum 4 inches tall and contrasting to background. A new street sign shall be provided at the new intersections. 9. The proposed development would create more than 30 one- and two-family dwelling units taking access from a single fire access road (Indiana Avenue). A second approved access shall be provided per the International Fire Code (IFC) D107. Page 19 of 22 a. Exception: If all dwelling units in excess of 30 are provided throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3 of the IFC, access from two directions shall not be required. i. Lots 13 and 14 are designated to have an automatic sprinkler system. ii. Provide dedication language stating: “Structures on Lots 13 and 14 shall be designed to have an automatic sprinkler system per the International Fire Code, unless otherwise approved by the City of Spokane Valley Community and Public Works Department.” CONSOLIDATED IRRIGATION DISTRICT NO. 19: 1. A hydraulic analysis for proper fire flow shall be conducted. Coordinate directly with Consolidated Irrigation District. Spokane County Environmental Services (SCES): 1. 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. 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. Plans may be submitted electronically to ESPlanReview@spokanecounty.org. 3. 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. 4. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 5. Coordinate all dedication language with SCES. 6. The appropriate Capital Facilities Rate (CFR) will be assigned to this development. 7. As per the development regulations/zoning code of the governing authority as amended, the dedication shall state: Page 20 of 22 “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.” Spokane Regional Health District (SRHD): 1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, Spokane Valley Engineer, and the SRHD. 3. Sewage disposal method shall be as authorized by the Director of Environmental Services, Spokane County. 4. Water service shall be coordinated through the Director of Environmental Services, Spokane County. 5. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), WSDOH. 6. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the SRHD that an adequate and potable water supply is available to each lot of the plat. 7. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. 8. A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal shall not be authorized. 9. A statement shall be placed in the dedication to the effect that: “A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized.” 10. The dedicatory language on the plat shall state: “Use of private wells and water systems is prohibited.” 11. The final plat dedication shall contain the following statement: “The public water system, pursuant to the Water Plan approved by County and State health authorities, the local fire protection district, City of Spokane Valley and water purveyor, shall be installed within this subdivision, and the applicant shall provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot.” Avista Utilities: 1. A 10-foot utility easement shall be dedicated along the front of all lots, behind the border easement. Page 21 of 22 2. Include the following language in the plat dedication: a. 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. b. Serving Utility companies are also granted the right to install utilities with lateral crossings across border easements and the Tract A common area as shown hereon. Washington State Department of Ecology (WSDOE): 1. Proper erosion and sediment control practices shall be used on the construction site and adjacent areas to prevent upland sediments from entering surface water. Refer to the Stormwater Management Manual for Eastern Washington. DATED this 19th day of July, 2021. 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 22 of 22 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 19, 2021, 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 22, 2021. THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS AUGUST 12, 2021. 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.