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SUB-2021-0004 Decision FinalPage 1 of 21 CITY OF SPOKANE VALLEY HEARING EXAMINER Re: Preliminary Plat Application by Whipple Consulting Engineers to subdivide one 4.7-acre parcel into 22 residential lots on property in the R-3 zone to be known as Mithril Manor. ) ) ) ) ) ) FINDINGS, CONCLUSIONS, AND DECISION FILE NO. SUB-2021-0004 SUMMARY OF PROPOSAL AND DECISION Proposal: The Applicant is proposing to subdivide a 4.7-acre parcel into 22 residential lots on property in the R-3 zone. Decision: Approved, with revised conditions. FINDINGS OF FACT BACKGROUND INFORMATION Applicant Whipple Consulting Engineers 21 S. Pines Road Spokane Valley, WA 99206 Owners Wendall & Teresa Olson Viking Homes 2605 W. Hayden Avenue Hayden, ID 83835 Property Location: The property is addressed as 4 N. Barker Road, in the City of Spokane Valley (“City”), Spokane County, Washington. The site is located at the northeast corner of the intersection of Sprague Avenue and Barker Road. Legal Description: The legal description of the property is provided in Exhibit 6 (Preliminary Plat Map). The property is situated in the SW ¼ of Section 17, Township 25 North, Range 45 East, Willamette Meridian, Spokane County, Washington. The site is designated as Parcel Number 55173.1005. 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 single parcel totaling 4.7 acres. The terrain is relatively flat with slopes of less than 3 percent. The site is vacant with several large trees clustered in the southwest portion of the site where a residence was previously located. The site is covered with trees, weeds, and shrubs. There are no water features or critical areas on the site. Page 2 of 21 Surrounding Conditions and Uses: Land to the north is zoned R-3 and multi-family residential (MFR). To the north, there is a single-family residence and the Barker & Sprague Apartments, which are under construction. Land to the south, east, and west is zoned as R-3. Existing land uses to the south include single-family residences and Greenacres Baptist Church, which is situated on the southwest corner of the Sprague-Barker intersection. Single-family residences are situated on the land to the east and west. Project Description: The subdivision will divide 4.7 acres into 22 residential lots. Sprague Avenue fronts along the south boundary of the lot and Barker Road along the west boundary. The subdivision will take a single access to Sprague Avenue from Drummond Street, a proposed public street. Drummond Street will extend north and intersect with Riverside Avenue, which will extend west toward Barker Road and terminate into a cul-de-sac. Drummond Street and Riverside Avenue will be dedicated public streets, and curb, gutter, sidewalk, and swale improvements will be required. All the lots will take access from either Drummond Street or Riverside Avenue. Direct access to Sprague Avenue and Barker Road will not be permitted for any of the proposed lots. The proposed street layout will create double frontage lots along both Sprague Avenue and Barker Road. Screening will be required along the double frontage lots to screen the lots from the arterial street and to limit access from the lots to the arterial street. The site’s frontage along Sprague Avenue will be improved with curb, gutter, sidewalk, and swale as part of this subdivision. The Barker Road frontage is located within the City’s Barker Road Improvement Project Area, and the curb, gutter, sidewalk, and swale improvements along this section will be completed as part of an improvement project at the Barker-Sprague intersection that is planned to begin in 2022. 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: July 1, 2021 Publication: July 2, 2021 Notice of Public Hearing: Mailed: August 31, 2021 Posted: August 31, 2021 Publication: August 27 & September 3, 2021 Public Hearing Date: September 16, 2021 Site Visit: September 16, 2021 State Environmental Policy Act (SEPA): A Mitigated Determination of Nonsignificance (MDNS) was issued on August 6, 2021. Any appeal of the MDNS was due by August 20, 2021. No appeal was filed. Page 3 of 21 Testimony: Submitted comments to the record or present at the hearing but did not testify or: Exhibits: 1. Vicinity Map 2. Zoning Map 3. Comprehensive Plan Map 4. Aerial Map 5. Application Submittal 6. Preliminary Plat Map of Record 7. Determination of Completeness 8. Notice of Application Materials 9. SEPA MDNS Determination 10. SEPA Checklist 11. Certificate of Transportation Concurrency 12. Notice of Public Hearing Materials 13. Sprague-Barker Intersection Plan 14. Sprague-Barker Intersection Right-of-Way (ROW) Plan 15. Agency Comments City of Spokane Valley Martin Palaniuk, Planner Lori Barlow, Senior Planner Chad Riggs, Senior Engineer Jerremy Clark, Senior Traffic Engineer City of Spokane Valley 10210 E Sprague Avenue Spokane Valley, WA 99206 Ray Kimball Whipple Consulting Engineers 21 S. Pines Road Spokane Valley, WA 99206 David Sutliff 308 N. Hodges Road Spokane Valley, WA 99016 southcliff@yahoo.com Carolyn Aked 308 N. Hodges Road Spokane Valley, WA 99016 Carolyn_aked@yahoo.com Catherine Scott 19004 E. Nixon Avenue Spokane Valley, WA 99016 Joanna Hamilton 11 N Barker Rd, Unit B Spokane Valley, WA 99016 th30riginalo@gmail.com K. Alex PO Box 482 Greenacres, WA 99016 Sinnie4u@yahoo.com Sarah Carver 107 S. Tschirley Road, #115 Spokane Valley, WA 99016 Carversarah36@gmail.com Anna Ehrlich 19207 E. 7th Avenue Spokane Valley, WA 99016 jnaehrlich@live.com Page 4 of 21 16. Public Comments 17. Staff PowerPoint Presentation FINDINGS AND CONCLUSIONS To be approved, the proposed preliminary plat must comply with the criteria set forth in the SVMC and demonstrate consistency with the CP. The Hearing Examiner has reviewed the plat application and the evidence of record with regard to the application and makes the following findings and conclusions: 1. The proposed preliminary plat complies with all applicable standards in SVMC Title 19.70 (Density and Dimensions). The property proposed for development is zoned R-3, Single-Family Residential Urban District. See Staff Report, p. 3. Single-family residential uses are outright permitted in this zone. See SVMC 19.60.050 (Permitted Use Matrix). In addition to satisfying the use limitations of the zone, any residential development must also meet the minimum lot size, density, setback, maximum lot coverage, and building height requirements of the zone. See Staff Report, p. 3. The 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 5,975 square feet up to 12,852 square feet in size. See Staff Report, p. 3. The proposed preliminary plat also adheres to the applicable density standards. The maximum allowed density in the R-3 zone is eight dwelling units per acre (DUs/acre). See SVMC Table 19.70-1. The Applicant proposes to divide 4.7 acres into 22 residential lots. See Staff Report, p. 4. The net density of the project is 4.68 units per acre, well within the density limits of the zone. See Exhibits 6 & 18. 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. 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. 4-5. The Hearing Examiner agrees with the Staff’s analysis, which is hereby incorporated by reference into this decision. Page 5 of 21 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. 6-7. There are also myriad project conditions designed to protect the public interest and ensure that the project complies with applicable development regulations. The project makes appropriate provisions for open space. See SVMC 20.20.100(B). The proposed subdivision must adhere to SVMC requirements regarding setbacks and lot coverage. Adherence to these standards will ensure that an appropriate amount of open space is incorporated into this development. See Staff Report, p. 6. The SVMC does not require any more than that. 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 Spokane Regional Stormwater Manual (SRSM). See Staff Report, p. 6. Frontage improvements will include a 10-foot-wide drainage swale next to the public street. See id. 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 Spokane Valley Street Standards (SVSS). See Staff Report, p. 6. Riverside Avenue and Drummond Street will be designed and built as local access streets with curb, gutter, swale, and sidewalks. See id. The developer will also be required to make full frontage improvements to Sprague 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. 6. Transit Route 98 travels along Appleway Avenue one-quarter (1/4) of a mile distance from the site with a weekday frequency of every 30 minutes and an evening and weekend frequency of every 60 minutes. See id. The STA did not provide comments on this project. See id., p. 11. 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 implement other mitigation measures. There is a public, potable water supply to serve the subdivision. See SVMC 20.20.100(F). Public water supplies are regulated by the Spokane Regional Health District (SRHD) and Consolidated Irrigation District #19 (“the District”), the local water purveyor. See Staff Report, p. 6. The District signed a Certificate of Water Availability for the project. See Exhibit 5. According to the certificate, the Developer will be required to construct a distribution system on the site, as well as loop the system from Barker to Sprague creating an easement between lots to Barker. See id. The water system must also satisfy the requirements of the Spokane Valley Fire Department (SVFD). See Fire Department Conditions. Page 6 of 21 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), has capacity to support 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 (LOS) 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. The nearest recreation facility is Greenacres Park located approximately one (1) mile northwest of the site. See id. Liberty Lake’s Orchard Park is located 1.5 miles from the site. See Staff Report, p. 7. Centennial Trail can be accessed one and one-quarter (1.25) of a mile from the site where Barker Road crosses the Spokane River. See id. The City of Spokane Valley Parks and Recreation Master Plan also identified Greenacres Park as the site for a proposed pet park. See id. The proposed subdivision will not impact the City’s LOS standard for parks. See Staff Report, p. 7. The project makes appropriate provisions for playgrounds, schools, and school grounds. See SVMC 20.20.100(I). The site is located in the Central Valley School District (CVSD). See Staff Report, p. 7. Greenacres Elementary School is located approximately half a mile southwest of the site, Greenacres Middle School is located three-quarters of a mile west of the site, and Ridgeline High School is located approximately one mile east of the site. See id. The CVSD was notified of this project and did not submit any comments. See id. The project addresses the need for sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. See SVMC 20.20.100(J). The construction of 5-foot-wide sidewalks along both sides of Riverside Avenue and Drummond Street is required as part of this development. See Staff Report, p. 7. Sidewalks will also be constructed as part of the subdivision along Sprague Avenue. See id. Sidewalks will be constructed along Barker Road as part of the Sprague-Barker Intersection Project. See id. The proposed subdivision is in conformity with the applicable development standards. See SVMC 20.20.100(L). The Hearing Examiner agrees with the Staff that the proposed subdivision satisfies the applicable development codes. See Staff Report, p. 7. Neither the Hearing Examiner’s review of the matter nor the testimony or evidence presented at the hearing suggested that the project deviates from the relevant standards. The proposal makes appropriate provisions for other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. See SVMC 20.20.100(M). The Hearing Examiner agrees with the Staff that the project, as conditioned, satisfies or will satisfy all criteria set forth by other agencies. See Staff Report, p. 7. In addition, the project includes detailed conditions that incorporate the comments of all responding agencies or departments. To the Hearing Examiner’s knowledge, the proposal does not deviate from any other standards or policies. Page 7 of 21 3. The proposal complies with SVMC Title 21 (Environmental Controls). Development of the site is not limited by its physical characteristics or the presence of environmentally sensitive conditions. For example, the site does not include any open waterways, wetlands, riparian areas, or other critical areas. See Staff Report, p. 8; see also Exhibit 10 (SEPA Checklist ¶ B(3)(a)(1)). The site is not located within a designated floodplain. See Staff Report, p. 8; see also Exhibit 10 (SEPA Checklist ¶ B(3)(a)(5)). 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 Staff Report, p. 8; see also Exhibit 10 (SEPA Checklist ¶ B(1)(a) & (f)). The site does not contain any geologically hazardous areas. See Staff Report, p. 8; see also Exhibit 10 (SEPA Checklist ¶ B(1)(b)). In addition, there is no known history of unstable soils. See Exhibit 10 (SEPA Checklist ¶ B(1)(d)). There are no known threatened or endangered species of plants or animals on the site. See Exhibit 10 (SEPA Checklist ¶ B(4)(c) & ¶ B(5)(b)). In addition, the site contains no habitat for native species. See Staff Report, p. 8. On August 6, 2021, the City, as the lead agency, issued an MDNS for this project. See Exhibit 9. The MDNS was based upon a review of the completed environmental checklist, the application, applicable provisions of the SVMC, a site assessment, and comments from affected agencies. See Staff Report, p. 8. There is nothing in this record that would call the City’s threshold determination into question. There was no testimony or other evidence presented at the hearing suggesting that the project would result in significant environmental harms that were not being addressed through standard mitigating measures. In addition, any appeal of the MDNS was due 14 days after its issuance. See Exhibit 9. The MDNS was not appealed. See Staff Report, p. 8. The Washington State Department of Archaeology & Historic Preservation (WSDAHP) and the Spokane Tribe of Indians stated the project area has high potential for archeological resources, and that a cultural resource survey should be required. See Exhibit 15. This request was incorporated as a condition of the MDNS. See Exhibit 9. For a project of this type, another common environmental concern is traffic impacts. 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 11. The Certificate sets forth a requirement that the developer pay traffic impact fees in accordance with SVMC 22.100.030 and 22.100.040. See id. The developer will also be making frontage improvements along Sprague Avenue. 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. Page 8 of 21 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 July 9, 2021, the City Senior Traffic Engineer issued a Certificate of Transportation Concurrency. See Certificate of Transportation Concurrency, Exhibit 11. The Certificate confirms that the City reviewed the development and determined that sufficient roadway capacity either exists or will exist in order to accommodate the traffic anticipated from the proposed subdivision. See id. This determination was contingent upon satisfaction of the required traffic mitigation measures. See id. On March 19, 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. According to the certificate, the Developer will be required to construct a distribution system on the site, as well as loop the system from Barker to Sprague creating an easement between lots to Barker. See id. On March 24, 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 DU/acre to 8 DUs/acre. See Staff Report, p. 9. 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 smaller lots. See Staff Report, p. 9. Pockets of similarly dense single-family development have occurred throughout the immediate area. See id. The proposed single-family dwellings will maintain and enhance 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 Page 9 of 21 promotes the objectives of Policy LU-G1, which seeks to maintain and enhance the character and quality of life in Spokane Valley. Pedestrian and street improvements will be required along the frontage of Barker Road, Sprague Avenue, and the new public streets. See Staff Report, p. 9. Improvements on the interior streets include sidewalks along both sides. See Staff Report, pp. 9-10. Development engineering has conditioned the proposed development to meet applicable community standards. See Staff Report, p. 10. 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 22 new single-family lots, the project creates additional housing opportunities to meet the needs of the community. See Staff Report, p. 10. The project, therefore, promotes the intent of Goals 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. 10. 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 questions and concerns raised in public comments. Area residents raised a number of concerns about the proposal. One the primary issues was traffic. For example, there were contentions that Barker is congested and incapable of handling more traffic currently; that adding more traffic from this development will exacerbate the traffic problems, especially with the planned roundabout; and that a single access point to and from the development is insufficient, in particular in an emergency situation. See Exhibit 16; see also Testimony of D. Sutliff, C. Aked, & C. Scott. Another concern was whether stormwater would be properly handled. Testimony of D. Sutliff. Finally, an objection was lodged about the notice of the hearing. Testimony of C. Scott. The neighbors’ concerns about traffic are understandable. However, the Hearing Examiner does not agree that the developer is responsible to address all the concerns raised. The developer will be paying an impact fee to contribute its fair share for needed improvements to Barker Road, consistent with the City’s impact fee ordinance. The Hearing Examiner does not believe that any more should be required of the developer, given this record. There was no expert testimony that the traffic from this proposal will cause material impacts to the transportation system. There was no expert testimony substantiating a safety concern. And 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. Page 10 of 21 The City’s Traffic Engineer testified that Barker Road is the subject of ongoing, public projects to address long-term needs. Testimony of J. Clark. Those projects are being funded, at least in part, through impacts fees. See id. Like sites within the impact fee area, this project will be required to contribute approximately $1,260 per unit toward future improvements to Barker Road. See id. The proposal will result in 24 PM peak hour trips being added to the system, the majority of which will travel through the Barker/Sprague intersection and future roundabout. See id. The impact fees being paid by the developer are intended to address the estimated impacts from this development. See id. There was an objection that the project only provided one access point in an out of the subdivision. Testimony of D. Sutliff & C. Aked. However, both the project engineer and the City Traffic Engineer explained that this was the safest and most appropriate way to design this project, given the adjacent roads and the planned roundabout. Testimony of J. Clark & R. Kimball. There was no expert testimony challenging the opinions of the engineers. In addition, the proposal satisfies the fire code requirements for access. Testimony of R. Kimball. A second access is only required for emergency access when projects have 30 or more lots. See id. Under the circumstances, the Hearing Examiner concludes that a second access point is not required or appropriate. Another concern raised about the project related to stormwater. During public testimony, an area resident questioned how stormwater from this development would be handled. Testimony of D. Sutliff. The project engineer responded that the project design included swales that would properly dispose of stormwater. Testimony of R. Kimball. The Hearing Examiner has little reason to question the engineer’s opinion. This record contains no specific evidence tending to show that the site is vulnerable to drainage problems or that the project, as designed, is not sufficient to handle stormwater. In addition, there are several project conditions that ensure that drainage from the site will be fully addressed. See e.g. Engineering Conditions 1, 7, 16, 20, & 21. The Hearing Examiner concludes that the project conditions are sufficient to address this concern. Finally, Ms. Scott contended that the “notice” was defective because it originally stated the wrong hearing date. She argued that the erroneous notice may have prevented some interested parties from participating or commenting. The Hearing Examiner disagrees. The City acknowledged that the City website contained an erroneous date, for a short period of time. However, the date of the hearing, as stated on the website, was corrected shortly after it was posted. Testimony of M. Palaniuk. All of the official notices, by mail, posting, and publication included the correct date. See id. The only error, then, was a notice that temporarily appeared on the City’s website. See id.; see also Testimony of C. Aked. There was no evidence that anyone missed the opportunity to comment or participate due to incorrect information briefly appearing on the City’s website. The suggestion to the contrary was speculative. In any case, the official forms of notice were uniformly accurate. The Hearing Examiner concludes that the notice of hearing for this case was legally proper. Page 11 of 21 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 (revised conditions shown in italics): Spokane Valley Planning Division: 1. The approved preliminary plat shall have a maximum of 22 residential lots unless a preliminary plat alteration is approved pursuant to SVMC 20.50 (Subdivision 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 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 20.30.060 (Extensions of Time), an application form and supporting data for time extension requests must be submitted to the Community & Public Works Department at least 30 calendar days prior to the expiration of the preliminary plat approval. 4. Pursuant to SVMC 20.20.050 (Prohibition Against Sale, Lease or Transfer of Property), any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that does not conform to the requirements of the preliminary plat approval or that occurs without approval, shall be considered a violation of Chapter 58.17 Revised Code of Washington (RCW), and shall be restrained by injunctive action and shall be illegal, as provided in Chapter 58.17 RCW. Each sale, lease, or transfer of each Page 12 of 21 separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a separate and distinct offense. 5. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary and final subdivisions be made by or under the supervision of a professional land surveyor. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with the Survey Recording Act (RCW 58.09) and Survey and Land Descriptions (Washington Administrative Code [WAC] 332-130). 6. SVMC 20.30.050 (Expiration of Preliminary Approval) stipulates that preliminary plat approval automatically expires five years after preliminary approval is granted unless a time extension is approved for the project. If a request for an extension of time is not submitted and approved, the preliminary approval expires and the preliminary plat is null and void. 7. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan), the City shall record with the Spokane County Auditor’s Office the final plat, upon receipt of all required signatures on the face of the plat. 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. Pursuant to Section 22.70.070 SVMC, screening shall be installed on Lots 3 through 10 adjacent to Sprague Avenue and Barker Road to screen the lots from the arterial street. The screening shall be shown on the civil plans with a note indicating the method of screening to be used. If landscaping is required for the screening, then a landscaping plan shall be submitted with the civil plans. 11. Upon any discovery of potential or known archaeological resources at the subject property prior to or during future on-site construction, the developer, contractor, and/or any other parties involved in construction shall immediately cease all on-site construction, shall act to protect the potential or known historical and cultural resources area from outside intrusion, and shall notify, within a maximum period of 24 hours from the time of discovery, the City of Spokane Valley Community and Public Works Department of said discovery. Spokane Valley Building Division: 1. The following addresses have been assigned for use in the subdivision. The addresses shall be designated on the final plat: Page 13 of 21 Block / Lot Address Alternate Address Block 1 Lot 1 9 N Drummond Street Lot 2 11 N Drummond Street Lot 3 18730 E Riverside Avenue Lot 4 18728 E Riverside Avenue Lot 5 18726 E Riverside Avenue Lot 6 18724 E Riverside Avenue Lot 7 18722 E Riverside Avenue Lot 8 18718 E Riverside Avenue Lot 9 18717 E Riverside Avenue Lot 10 18721 E Riverside Avenue Lot 11 18725 E Riverside Avenue Lot 12 18727 E Riverside Avenue Lot 13 18805 E Riverside Avenue Lot 14 18807 E Riverside Avenue Lot 15 18809 E Riverside Avenue Lot 16 18811 E Riverside Avenue Lot 17 17 N Drummond Street Lot 18 15 N Drummond Street Lot 19 16 N Drummond Street Lot 20 14 N Drummond Street Lot 21 12 N Drummond Street Lot 22 8 N Drummond Street Spokane Valley Development Engineering Division: 1. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access driveway plans, etc.). Plans shall conform to the SVSS or as amended; the SRSM or as amended; the SVMC; and all other federal, state, and local regulations, as applicable. 2. Review of civil plans and supporting documents cannot proceed until an application for a Land Disturbance permit has been received. All documents (plans, reports, etc.) shall be submitted through the Spokane Valley Permit Center located at 10210 E. Sprague Avenue, Spokane Valley, WA. 3. Barker Road is designated as a 3-Lane Minor Arterial street and frontage improvements will not be required. The City has a planned intersection improvement project installing a new roundabout with associated improvements in 2022. 4. The following determines the ROW and border easement dedications for a 3-Lane Minor Arterial street per SVSS Std. Plan R-122. 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 30 feet. i. ROW dedication with a 120-foot radius is required to run tangent with the ROW of Barker Road and Sprague Avenue. See Exhibit 14. Page 14 of 21 c. A Border Easement is required and shall extend from the ROW to the back of separated sidewalk. i. 10-foot-wide Border Easement dedication required. ii. Note: building setbacks begin at the edge of border easement. 5. Sprague Avenue is designated as a Collector 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. Please coordinate with the City on improvements connecting to the City’s roundabout project at the Sprague-Barker intersection. 6. The following determines the ROW and border easement dedications for a Collector Arterial street per SVSS Std. Plan R-122. 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 30 feet. i. ROW dedication with a 120-foot radius is required to run tangent with the ROW of Barker Road and Sprague Avenue. See Exhibit 14. 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. Note: building setbacks begin at the edge of border easement. 7. A drainage easement will be required behind the ROW dedication at the southwest corner of the property to accommodate the future stormwater runoff for the City’s roundabout project. Please coordinate with Public Works Engineer, Erica Amsden, for easement details. 8. The border easements and ROW dedications along Sprague Avenue and Barker Road should be recorded as soon as possible. Public Works will prepare and record the dedication documents at the City’s expense to expedite the recording process. 9. 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. Per the direction of the Street Superintendent and City Engineer, full cul-de-sacs shall be provided at the ends of Drummond Street and Riverside Avenue per Std. Plan R-130. The minimum cul-de-sac ROW radii is 52.5 feet for separated sidewalk and 58.5 feet for adjacent sidewalk. 10. Street configuration accessing Sprague Avenue shall conform to the requirements of SVSS 7.5.13.3 and provide an intersection separation distance of 307 feet in accordance with the design deviation approved by Spokane Valley Development Engineering on September 14, 2021. Page 15 of 21 11. Pursuant to SVMC 22.50.020, Residential Standards, all residential driveways shall be paved. Private driveways shall conform to SVSS Section 7.3.4. 12. Barker Road is a Minor arterial. Project parcel shall not take access to Barker Road due to the proximity to the proposed roundabout. Sprague Avenue is a Collector Arterial. Project parcel shall take access from the street by means of Drummond Street only. No lots shall take access to Sprague Avenue or Barker Road. 13. A clearview triangle analysis is required at the intersection of Drummond Street and Sprague Avenue pursuant to SVSS Chapter 7.6.5. Screening and vegetation shall be installed outside the clearview triangle. 14. 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. 15. The total approach width for each lot shall not be greater than 50% of the total lot frontage width per SVSS Chapter 7.8.5. 16. 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). 17. For the General Construction Notes use those in the SVSS Appendix 4A rather than those in the SRSM Appendix 3B. 18. Show all utilities and utility easements (i.e. telephone, power, etc.). The permittee is responsible for arranging all utility adjustments, improvements, or relocations as required for completion of the project. All rigid objects shall be located out of the clear zone. The clear zone requirements can be found in the SVSS, or as amended. The permittee shall contact every utility purveyor impacted by the project and conduct the following: a. Discuss with the purveyor the proposed work including private services, utility improvements, and any relocations and adjustments as well as the costs for these activities; b. When utility relocations are required, obtain from the purveyor a written statement that they acknowledge and concur with or have alternatives for the needed work; and c. Forward a copy of the statement to Spokane Valley Development Engineering. Receipt of statements will be required prior to plan approval. 19. If sewer and/or water needs to be brought to the properties and to do this requires an Engineering design, copies of the approved sewer and water plans shall be submitted to Development Engineering. The civil plans for the project shall show the extents of pavement removal and replacement. Page 16 of 21 20. 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. 21. A Construction Stormwater Permit will need to be obtained from the WSDOE if both of the following two conditions apply: a. Construction project disturbs one or more acres of land (area is the cumulative acreage of the entire project whether in a single or in a multiphase project); and b. If there is a possibility that stormwater could run off the site during construction and into surface waters or into conveyance systems leading to surface waters of the state. Construction site operators must apply for a permit 60 days prior to discharging stormwater. More information can be obtained from http://www.ecy.wa.gov/programs/wq/stormwater/construction/ 22. A pre-construction conference with Development Engineering is required prior to the start of construction. During this meeting, standards and submittal requirements for the Construction Certification will be given to the project engineer/inspector. 23. For construction affecting public ROW, 48 hours prior to construction securely post a sign at each ingress to the project area. The sign(s) shall be clearly visible from the ROW and provide project construction details. See SVSS Section 9.7. 24. Permits are required for any access to or work within the ROW of the Spokane Valley roadway system. A traffic control plan shall accompany the ROW obstruction permit. 25. NOTICE - The Regional Pavement Cut Policy may prevent or limit pavement cuts in the adjacent street(s). There is a three-year moratorium on pavement cuts for newly paved streets. Please contact the City right-of-way inspector 720-5025 for further information. Barker Road and Sprague Avenue are planned to be paved in 2022. 26. The Temporary Erosion and Sediment Control (TESC) structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the start of site work and maintained throughout the duration of construction and until the site has stabilized. 27. All survey monuments shall be protected during construction. Any disturbed or damaged monuments shall be replaced prior to certification/final plat and/or release of surety. Page 17 of 21 28. 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. 29. Upon completion of the improvements, a Construction Certification package and record drawings are required for the improvements and shall be submitted and approved prior to Final Plat approval according to SVSS Chapter 9. 30. All public improvements shall provide a Performance/Warranty Surety per SVSS Chapter 9. The City accepts Letters of Credit, Cash Savings Assignments, and Bonds for Warranty Sureties. Bonds are not accepted for Performance Sureties. 31. ROW dedication, border easements, and drainage easement shall be designated on the final plat map. 32. Plat language will be determined at the time of final plat submittal. Contact Development Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat language. Spokane County Environmental Services (SCES): 1. As per the development regulations/zoning code of the governing authority as amended, the dedication shall state: “Public sewers shall be constructed to provide for the connection of each parcel to the County’s system of sewerage and individual services will be provided to each lot prior to sale. Uses on properties within the project shall be required to connect to the sewer and pay applicable charges per the County Sewer Ordinance. Sewer connection permits shall be required.” 2. 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.” 3. 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. 4. As per the development regulations/zoning code of the governing authority as amended, security shall be deposited with the SCES for the construction of the public sewer connection and facilities and for the prescribed warranty period. Security shall be in a form acceptable to the SCES and in accordance with the Spokane County Sanitary Sewer Ordinance. Page 18 of 21 5. The dedication shall state: Arrangements for payment of applicable sewer charges must be made prior to issuance of sewer connection permit. Sewer charges may include special connection charges and general facilities charges. Charges may be substantial depending upon the nature of the development. 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.” 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.” Page 19 of 21 Spokane Valley Fire Department (SVFD): 1. A new fire hydrant shall be installed: 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. Provide a water plan showing location of required hydrant and size of water main. a. An approved water plan signed by the water district and the fire department is required for any associated grading permit approval. 3. Hydrant flow tests indicate a typical available fire flow of 3,000 gallons per minute (gpm). The largest Type V-B wood structure this would permit is 13,400 square feet (total floor area of all floor levels within the exterior walls) without the use of one of the following: a. IFC Table B105.1(1) allows for a 50% reduction in required fire flow for NFPA 13D sprinkled buildings. b. Fire walls per IBC Table 706.4 with no openings (IFC B104.2). 4. Private driveways/roads shall meet current driveway standards. Provide a detailed plan showing turning radius of driveway and the driveway width. A minimum 20-foot driving surface and 30-foot turning radius is required. 5. Access roads may not exceed ten percent grade. 6. Addresses shall be posted so they are visible from the ROW during and after construction. Numbers shall be a minimum 4 inches tall and contrasting to the background. Avista Utilities: 1. The Plat shall include all references to utility easements as shown on the proposed Preliminary Plat. 2. Include the following language in the plat dedication: Page 20 of 21 “Utility easements shown on the herein described plat are hereby dedicated for the use of serving utility companies for the construction, reconstruction, maintenance, protection, inspection, and operation of their respective facilities, together with the right to prohibit changes in grade over installed underground facilities; the right to trim and/or remove trees, bushes, landscaping, without compensation; and the right to prohibit structures that may interfere with the construction, reconstruction, reliability, maintenance, and safe operation of same. Serving Utility companies are also granted the right to install utilities across border easements.” DATED this 9th day of November, 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 21 of 21 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 November 9, 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 November 12, 2021. THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS DECEMBER 3, 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.