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SUB-2021-0002 Decision FinalPage 1 of 20 CITY OF SPOKANE VALLEY HEARING EXAMINER Re: Preliminary Plat Application by Paul Malen to subdivide one 3.8-acre parcel into 10 duplex lots on property in the R-3 zone. ) ) ) ) FINDINGS, CONCLUSIONS, AND DECISION FILE NO. SUB-2021-0002 SUMMARY OF PROPOSAL AND DECISION Proposal: The Applicant is proposing to subdivide a 3.8-acre parcel into 10 duplex lots on property in the R-3 zone. Decision: Approved, with conditions. FINDINGS OF FACT BACKGROUND INFORMATION Applicant/ Owner: Paul Malen Secured Investments Corp. 701 East Front Avenue, 2nd Floor Coeur d’Alene, ID 83814 Property Location: The property is located at the intersection of Corbin Court and Broadway Avenue, on the south side of Broadway Avenue, in the NE ¼ of the NW ¼ of Section 18, Township 25 North, Range 45 East, Willamette Meridian, City of Spokane Valley (“City”), 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 55183.2105. Zoning: The property is zoned R-3 (Single-Family Residential Urban District). Comprehensive Plan Designation: The property is designated as Single-Family Residential (SFR) in the City of Spokane Valley Comprehensive Plan (CP). Site Description: The site consists of a single 3.8-acre parcel. The terrain is relatively flat. The site is covered with grass and trees are located along Broadway Avenue and the east property line. There are no water features or critical areas on the site. There are no buildings on the site. Surrounding Conditions and Uses: The surrounding land in all directions is zoned R-3, like the subject site. The land to the north is improved with residences and a duplex. To the immediate south, there are three duplexes under construction. The remaining area to the south is developed with single-family residences. The land to the east and west is developed with single-family residences. Page 2 of 20 Project Description: The subdivision will divide one 3.8-acre parcel into 10 duplex lots. The lot areas range in size from 14,502 square feet up to 16,749 square feet. The subdivision will take access from Broadway Avenue, which is designated as a minor arterial. The frontage along Broadway Avenue will be improved with curb, gutter, swale, and sidewalk. A new local access street will be constructed from Broadway Avenue through the subdivision in a north-south direction. The street will terminate in a cul-de-sac. The new public street will be constructed with curb, gutter, swales, and sidewalks. A private street is proposed to serve Lots 5 through 8 and is located on the east side of the cul-de-sac. The private street is proposed as a 22-foot-wide easement across Lots 5 through 8 for purposes of ingress/egress, water, and sewer. 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: April 9, 2021 Publication: April 9, 2021 Notice of Public Hearing: Mailed: June 25, 2021 Posted: June 20, 2021 Publication: June 25 & July 2, 2021 Public Hearing Date: July 14, 2021 Site Visit: July 13, 2021 State Environmental Policy Act (SEPA): A Mitigated Determination of Nonsignificance (MDNS) was issued on May 28, 2021. Any appeal of the MDNS was due by June 11, 2021. No appeal was filed. Testimony: Karen Kendall, Planner City of Spokane Valley 10210 E Sprague Avenue Spokane Valley, WA 99206 Paul Malen Secured Investments Corp. 701 East Front Avenue, 2nd Floor Coeur d’Alene, ID 83814 Jerremy Clark, Traffic Engineer City of Spokane Valley 10210 E Sprague Avenue Spokane Valley, WA 99206 Donna O’Leary 813 N. Corbin Ct. Spokane Valley, WA 99016 Page 3 of 20 Submitted comments to the record or present at the hearing but did not testify or: 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 City of Spokane Valley Lori Barlow, Senior Planner Debbi Hunt-Gemmrig & Chris Gemmrig 17410 E. Broadway Ave. Spokane Valley, WA 99016 Susan D. Main 17423 E. Broadway Ave. Spokane Valley, WA 99016 Natalie & Aaron Peterson 17416 E. Broadway Ave. Spokane Valley, WA 99016 John & Cheryl Haynes 17411 E. Broadway Ave. Spokane Valley, WA 99016 Myroulava & Mykola Piankovska 806 N. Corbin Court Spokane Valley, WA 99016 Pam Patrick 809 N. Corbin Court Spokane Valley, WA 99016 Brook & Aaron Morton 805 N. Corbin Court Spokane Valley, WA 99016 Sergey & Viktoriya Demko 17316 E. Broadway Ave. Spokane Valley, WA 99016 Grigoriy & Liliya Kravtsov 17320 E. Broadway Ave. Spokane Valley, WA 99016 Aleksey, Vlad, & Praskovya Kravtsov 17404 E. Broadway Ave. Spokane Valley, WA 99016 Elizabeth Dursh 421 N. Corbin Road Spokane Valley, WA 99016 Matt Kelly Simpson Engineers, Inc. 909 N. Argonne Rd. Spokane Valley, WA 99212 Page 4 of 20 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 and duplex 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 proposal meets the minimum lot area requirements for duplex development. The minimum lot size in the R-3 zone is 14,500 square feet for a duplex. The smallest residential lot is 14,502 square feet in size, thus the proposal meets the minimum lot area requirements for duplex development. See SVMC Table 19.70-1; see also 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 eight dwelling units per acre. See SVMC Table 19.70-1. The Applicant proposes to divide 3.8 acres into 10 duplex lots. See Staff Report, p. 3. Each duplex will contain two dwelling units. Taking this into consideration, the gross density of this project is 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. 3. 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. 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 considered those design standards in some detail and stipulated that the project must conform to those requirements. See Staff Report, pp. 4-6. The Hearing Examiner agrees with the Staff’s analysis, which is hereby incorporated by reference into this decision. The project is consistent with and promotes the public health, safety, and welfare, and serves the public interest, as required by SVMC 20.20.100(A) and SVMC 20.20.100(K). The proposed development is consistent with the CP policies and the provisions of the Page 5 of 20 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. 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). See Staff Report, p. 5. 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). All streets providing access to the subdivision must be improved in accordance with the 2009 Spokane Valley Street Standards (SVSS). See Staff Report, p. 5. The new street internal to the plat will be designed and built as a local access street with curb, gutter, swale and sidewalks. See id. The developer will also be required to make certain frontage improvements to Broadway Avenue. 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 Broadway Avenue, approximately 0.25 of a mile west from the site. 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. 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 the project. See Exhibit 5. According to the certificate, the District will be providing three 2-inch taps from a 6-inch main that is approximately 40 feet from the site. See id. The Spokane Valley Fire Department (SVFD) has confirmed that no additional hydrants are necessary for this project. See Exhibit 10. As a result, no hydraulic analysis is needed for this project. See Exhibit 5. 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. Page 6 of 20 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. 5. In addition, there are parks and recreational areas in the vicinity. All parks are located approximately one mile from the site. See id. The Centennial Trail is located northwest of the site, Appleway Trail is located southeast of the site, and Greenacres Park is located to the north. 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. 5. Greenacres Elementary School is located approximately 0.75 of a mile south of the site, Greenacres Middle School is located 0.25 of a mile south of the site, and Central Valley High School is located approximately two 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 Broadway Avenue in front of subject parcel. See Staff Report, p. 5. Sidewalk does exist across the street on either side of Corbin Court for a length of approximately 300 feet. See id. Per Development Engineering’s condition, sidewalks will be provided along Broadway Avenue. See id. Broadway Avenue currently exists with a wide gravel and grass shoulder to provide for pedestrians east and west of development. 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. 5. 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. 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) & (f)). The site does not contain any geologically hazardous Page 7 of 20 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 e.g. Conditions 1 (Washington State Department of Ecology [WSDOE] & 24 (Engineering). 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 28, 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 standard mitigating measures. In addition, any appeal of the MDNS was due 14 days after its issuance. See Exhibit 7. The MDNS was not appealed. See Staff Report, p. 6. The Washington State Department of Archaeology & Historic Preservation (WSDAHP) stated the project area has high potential for archeological resources, but due to the small size of project area, no cultural resource survey is required. See Staff Report, p. 6; see also Exhibit 10. The WSDAHP did suggest that an Inadvertent Discovery Plan (IDP) should be required as a condition of this project. See Exhibit 10. This requirement has been incorporated into the project conditions. See Condition 1 (WSDAHP). 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 10. 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 Exhibit 7. In addition, the developer will also be making specific improvements to its frontage along Broadway Avenue. See e.g. Condition 3 (Engineering). 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. 7. More specifically, the SVMC states that concurrency must be evaluated for transportation, water, and sewer. See SVMC 22.20.010(A). Page 8 of 20 On April 16, 2021, the City Senior Traffic Engineer issued a Certificate of Transportation Concurrency. See 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. There is a 6-inch main located approximately 40 feet from the site. See id. The District will provide three 2-inch taps to serve the development. See id. No hydraulic analysis is required for this project because no new hydrants are needed. See Exhibits 5 & 10; Testimony of K. Kendall. On March 12, 2021, 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. See id. 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 improved 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. 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 and duplex dwellings on varying size lots. See Staff Report, p. 8. 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 Broadway Avenue and along the new interior public streets. See Staff Report, p. 8. 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 Page 9 of 20 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 10 new duplex 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. 8. The Hearing Examiner agrees with the Staff’s analysis of these issues. 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. 6. The Hearing Examiner concludes that the proposed subdivision should be approved, despite the concerns raised by some neighbors. Area residents raised a variety of concerns about the proposed duplex development. The primary concerns are discussed below. a) Traffic and Safety. Several residents were concerned about the additional traffic from this development. See Exhibit 11 (Group Letter 4-29-2021). The neighbors were particularly concerned about the speed of drivers on the roads, and the safety hazards to walkers, children, or others. See id. There was also a concern about wear and tear on the road due to the additional traffic. Testimony of D. O’Leary. The neighbors’ concerns about traffic are understandable. However, this record does not support the imposition of additional conditions related to traffic. Under the project conditions, as discussed above, the developer will be required to make improvements to Broadway Avenue. In addition, the developer will be required to pay impact fees as its proportionate share for the effects of development on Barker Road. Ultimately, the City’s Senior Traffic Engineer issued a Certificate of Concurrency for this proposal. This confirms that the transportation system, when the planned improvements are accounted for, is sufficient to handle the traffic from the proposed development. To the extent the project contributes to any deficiencies, those concerns are addressed by the project conditions. There was no expert testimony that the traffic from this proposal will cause material impacts to the transportation system generally. There was no expert testimony substantiating a safety concern. There was no specific evidence or data to support the claim that any of the relevant roads lacked the capacity to handle the traffic from the proposed development, or that the additional traffic would result in any specific system failures. No specific mitigation measures were identified as being necessary due to this development, whether to address a capacity issue or a safety concern. As a result, the Page 10 of 20 Hearing Examiner concludes that the project conditions are adequate to address the impacts attributable to this proposal. b) Decline in Property Values. Area residents were concerned that the project would reduce the value of their properties. See Exhibit 11 (Group Letter 4-29-2021). The City contended that no information or data was provided to substantiate this fear. Testimony of K. Kendall. The Hearing Examiner agrees. This record does not contain an analysis of market conditions, current market valuations for properties in the vicinity, an analysis of the effect of duplex development upon market values, or any other information or data related to this concern. There was no expert testimony on this issue. Even if this project had some negative effect on the market value of nearby residences, a fact which is not established in this record, it is not clear what authority the Hearing Examiner has to remedy such an impact. Under the circumstances, the Hearing Examiner does not believe the alleged impact to property values is a proper basis to condition or deny this proposal. c) Water Pressure. One area resident contended that water pressure in the area was already poor. See Letter of E. Dursh 7-7-2021. She contended that adding more residences to the system would only serve to exacerbate the deficiencies. See id. The Hearing Examiner does not doubt that Ms. Dursh has experienced periodic drops in water pressure, as she stated. However, the actual source of her problems is not known, on this record. There is no specific information in this record regarding the frequency of water pressure drops, whether those drops are isolated to particular parts of the system, the origin of the problem, etc. We also do not know whether the pressure has dropped below the minimum threshold levels, or for how long or under what conditions. If the system was deficient, one would expect that the water purveyor would submit comments to that effect, along with suggestions for improvements or project conditions. That did not happen in this case. The District issued a Certificate of Water Availability for this project. See Exhibit 5. Thus, the District confirmed that it had sufficient water rights to serve the development. See id. The District also committed to providing the necessary taps to provide water for the duplex development. See id. The District made no mention of any deficiencies in terms of water pressure or infrastructure. See Exhibit 5; Testimony of K. Kendall. In addition, following consultation with the SVFD, it was determined that no hydraulic analysis was necessary for this proposal. See id. This further confirms that the water purveyor had no material concerns or reservations regarding water pressure. The Hearing Examiner concludes that an adequate water supply exists to support this development. No further project conditions or restrictions are necessary to address this concern. Page 11 of 20 DECISION Based on the findings and conclusions above, it is the decision of the Hearing Examiner to approve the proposed preliminary plat subject to the following conditions: Spokane Valley Planning Division: 1. The approved preliminary plat shall have a maximum of 10 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 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 Page 12 of 20 required on all final plats. All surveys shall comply with the Survey Recording Act (RCW 58.09), Survey and Land Descriptions (WAC 332-130). 5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), 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 20.30.060 (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. Add the following in the dedication language: “All applicable dedication shown on the face of SHP-2019-0021, Reference No. 7027672, recorded in book 35, page 38-39 is valid and binding.” 11. The final short plat shall contain the following note on the face of the short plat: “No structures greater than 3,600 square feet shall be allowed without additional review by Spokane Valley Fire Department for fire flow requirements, unless otherwise approved by the City of Spokane Valley’s Community and Public Works Department.” 12. All mitigation measures of the environmental determination issued on May 28, 2021, shall be satisfied in the time specified within the mitigation. 13. The addresses shall be designated on the final plat: Lot Address Alternative Address Lot 1 721/725 North Corbin Court 17426/17428 East Broadway Avenue Lot 2 717/719 North Corbin Court Lot 3 711/713 North Corbin Court Lot 4 705/707 North Corbin Court Lot 5 17514/17516 East Springfield Lane Lot 6 17602/17604 East Springfield Lane Lot 7 17601/17603 East Springfield Lane Lot 8 17515/17517 East Springfield Lane 714/716 North Corbin Court Lot 9 724/726 North Corbin Court Lot 10 17602/17604 East Broadway Avenue Page 13 of 20 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. Broadway Avenue is designated as a 3-Lane Minor Arterial 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. 22 feet of asphalt width from street centerline to edge of gutter. 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. 6-foot-wide concrete sidewalk per SVSS Std. Plan R-103. 4. The following determines the ROW and border easement dedications for a 3-Lane Minor Arterial street per SVSS Table 7.2 and SVSS 7.5.2 and 7.5.3. 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. b. Required half ROW width is 26 feet. i. ROW dedication is not required. c. A Border Easement is required and shall extend from the ROW to the back of sidewalk. i. 10-foot-wide Border Easement dedication required. ii. 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/or border easement dedications shall be designated on the final plat language and map. Where Corbin Court ends at the plat boundary, the ROW shall continue around the cul-de-sac with adequate separation to the plat boundary. The sidewalk may terminate at the beginning of the cul-de-sac, provided that pedestrian ramps are installed per Std. Plan R-130. If the pedestrian ramp locations cannot comply with Std. Plan R-130, the sidewalk shall continue around the cul-de-sac. Page 14 of 20 6. Per SVSS 7.5.13, where Corbin Court cannot be installed perpendicular to Broadway Avenue, the maximum allowable skew angle from perpendicular is 15 degrees. The centerline angle of departure from perpendicular shall not exceed 15 degrees for the length of the tangent per SVSS Chapter 7.5.6. 7. The internal east-west access shall be constructed as a private street meeting the minimum requirements of SVSS Section 7.3.2. The private street shall be designed per SVSS Chapter 7. If a turnaround is required by SVFD, the turnaround shall comply with Std. Plan R-133. 8. A sight distance analysis is required at intersections with public roadways pursuant to SVSS Table 7.7. 9. 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. The widths of the driveway approaches will be limited to 50% of the lot frontage. Any driveway approaches exceeding 30 feet in width shall submit a Design Deviation Request and a review fee. 10. Broadway Avenue is a Minor Arterial. Frontage Lots may only take access to Broadway Avenue if the ‘Desired’ driveway spacing of 90 feet is provided per SVSS Table 7.8. Spacing is measured centerline to centerline and applies to offsite existing and onsite proposed driveways. Lot 9 shall take access to Corbin Court only. 11. Driveway approach design shall follow the SVSS, or as amended. If an existing approach is to be altered or abandoned then the unused portion of the original approach shall be removed and replaced with curb, gutter, and sidewalk matching that which is adjacent. 12. 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). 13. For the General Construction Notes use those in the SVSS Appendix 4A rather than those in the SRSM Appendix 3B. 14. If drywells are proposed that do not receive stormwater from public facilities and they are in Garrison or Springdale soils, the testing for confirming the soil classification and that the drywells will function as designed may be performed during construction. If this option is exercised then the following note shall be placed on the cover of the plans: “Per Spokane Regional Stormwater Manual methods, a qualified licensed engineer shall evaluate, classify and document the soils in the excavated drywell infiltration zone prior to installation of the filter fabric, drainage rock or drywell barrel and shall determine if the soil’s conditions will be suitable and capable of infiltrating storm water at the design flow rate. Engineer shall submit a copy of the documentation detailing the observations, the conclusions and the basis for the conclusions to the City of Spokane Valley Development Engineering. If the engineer determines that the soils do not meet the design’s requirements or that a condition exists preventing the Page 15 of 20 drywell from functioning as designed, the design engineer shall be notified and the design revised to meet existing conditions. Any revisions to the design shall be submitted to the City of Spokane Valley for review and acceptance.” 15. A maintenance agreement is required for the perpetual operation and maintenance of the on-site private street and associated facilities including but not limited to the stormwater systems at the end of the service life of the respective components, and any other improvements that may be legally required in the future. The maintenance agreement shall be accepted and recorded prior to approval of the final plat. 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 program (UIC) at 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 Page 16 of 20 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 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 three-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 controls (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 delegated 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. Page 17 of 20 30. The maintenance agreement recording number shall be referenced on the face of the Final Plat. 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 (SVFD): 1. 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 the SVFD for fire flow requirements. 2. Private driveways longer than 150 feet require fire department turnaround; see Internal Fire Code (IFC) 2018 Appendix D. 3. Roads shall meet current driveway standards. A detailed plan shall be provided showing the turning radius of the driveway and the driveway width. (Minimum 20-foot driving surface and 30 feet turning radius.) 4. Access road must meet grading requirements. (No grades greater than 10%.) 5. Fire apparatus access road/driveway and turnaround shall be posted as “No Parking–Fire Lane” on both sides of private street as it is between 20 to 26 feet in width. 6. A new street sign shall be provided at the new intersections. 7. Road names shall be provided as follows: a. “E. Springfield Lane” for east-west private street. b. “N. Corbin Court” for north-south street. 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. 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. 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 18 of 20 3. The dedication shall state: “All lots are required to be served by an individual side sewer stub prior to the finalization of the plat. The developer and or owner is required to provide an individual service to each lot prior to signing the plat. A sanitary sewer permit and inspection must be performed by Spokane County Environmental Services.” 4. Sewer plans acceptable to the SCES shall be submitted prior to the finalization of the project. Plans may be submitted electronically to ESPlanReview@spokanecounty.org. 5. 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. 6. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. Spokane Regional Health District (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.” Page 19 of 20 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 Broadway Avenue and Corbin Court, behind the border easement. 2. A 10-foot utility easement shall be dedicated along the inside edge of the private street fronting of Lots 5 and 8. 3. 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 across border easements and within the private street 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. Washington State Department of Archaeology and Historic Preservation: 1. Prior to any land disturbing activities an Inadvertent Discovery Plan (IDP) shall be provided to the City by a qualified professional; or the applicant may choose to utilize the template provided by the City of Spokane Valley. The IDP shall be kept on site during all land disturbance activity. Please contact Karen Kendall at 509-720-5026 for the template. Page 20 of 20 DATED this 21st 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 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 21, 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 24, 2021. THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS AUGUST 16, 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.