Hearing Examiner Decision SUB-01-10 CITY OF SPOKANE VALLEY DEARING EXAMINER
ER
Preliminary Plat of Roth Addition, in the R-3 Zoning )
District; ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
Applicant: Lots N' Land, LLC ) AND DECISION
File No. SUB-01-10 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the R-3 zoning district
Summary of Decision: Approve preliminary plat, subject to minor revisions to the conditions of
approval recommended by public agencies. The preliminary plat will expire on June 24, 2018;
unless a request for an extension of time is timely submitted at least 30 days prior to such expiration
date.
II. FINDINGS OF FACT
1. The application seeks approval of the preliminary plat of Roth Addition, to subdivide
approximately 9.5 acres of land into 41 lots for single-family dwellings; in the Single-family
Residential (R-3) District zone.
2. The site is located east of and adjacent to Mayhew Road; approximately 870 feet north of the
intersection of Mayhew Road and Wellesley Avenue, and approximately 315 feet south of the
intersection of Mayhew Road and Sanson Avenue; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 46344.0103 and
46344.0601, and is legally described on the preliminary plat map of record.
4. The applicant is Lots N' Land, LLC; which has a mailing address of c/o Dan Rennick, 122 N.
Raymond Court, #3, Spokane Valley, WA 99206. The site owners are Lonnie and Janice Roth;
whom have a mailing address of 13714 E. Everett Avenue, Spokane Valley, WA 99216.
5. On July 8, 2010, the applicant submitted a complete application for the preliminary plat to the
City Community Development Department ("Department").
6. On April 15, 2011, the Department issued a Determination of Nonsignificance (DNS) for the
application, under Chapter 21.20 of the Spokane Valley Municipal Code (SVMC). The DNS was
not appealed.
7. On June 1, 2011, the Department approved an administrative exception under SVMC
19.140.010(G)(1); to allow the widths of Lots 8 and 9, Block 1 of the preliminary plat to
respectively deviate by no more than 10% from the minimum width required for corner lots in a
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 1
subdivision, under SVMC 20.20,090(B(2)(b). See decision in 1=`ile No, AD1 -02-11, memorandum
dated 6-2-11 from Christinan Janssen to hearing Examiner,and Exhibit 15 in Stiff Report,
8. The applicant submitted a revised preliminary plat map, containing minor changes to lot
configurations and dimensions, to implement the administrative exception. The revised map, which
does not state the date it was revised, is considered the preliminary plat map of record. The 1 lcaing
Examiner has handwritten a date of "June 1, 2011", and the words -Preliminary Plat Map of
Record", in red ink on the revised map; and initialed such additions.
9. On June 9, 2011, the hearing Examiner held a public hearing on the application. The notice
requirements for hearing were met. The Examiner conducted a site visit on June 8, 2011.
10. The following persons testified at the public hearing:
Christina Janssen, Assistant Planner John Ilohman
City Community Development Department- City Community Development Department-
Planning Division Engineering Division
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Stanley Schultz Dan Rennick
Attorney at Law 122 N. Raymond Road, #3
425 S. Alpine Drive Spokane Valley, WA 99206
Liberty Lake, WA 99019
Brian Holecek Clifton Johnston
5207 N. Mayhew Road 5320 N. Mayhew Road
Spokane, WA 99216 Spokane, WA 99216
Christine Birkland
5219 N. Mayhew Road
Spokane, WA 99216
11. The following exhibits were submitted at the public hearing:
Exhibit 16: Staff Report and Recommendations to the Hearing Examiner
Exhibit 17: Email dated 6-8-11 from Charles and Nancy Barr to Christian Jensen
Exhibit 18: Traffic Impact Analysis (TIA) for Roth Addition
12. Exhibits 16 and 18 were submitted by the City Community Development Department. The
Staff Report in the application file contains Exhibits 1-15.
13. The Hearing Examiner heard the application pursuant to SVMC Chapter 17.80, Chapter 18.20
and Title 20; and the Hearing Examiner Rules of Procedure, codified in Appendix B of the Uniform
Development Code (UDC), a part of the SVMC.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 2
14, The Hearing Examiner takes notice of the City Comprehensive Plan, SVMC, and 2003
Spokane County Standards for Road and Sewer Construction adopted by the S V MC other
applicable development regulations; and prior land use decisions in the vicinity,
15. The record includes the documents in the application file at the time of the public hearing., the
documents and testimony submitted at the public hearing, and the items taken notice of by the
Examiner.
16. The site is approximately 9.5 acres in size, rectangular in shape, relatively flat in topography,
undeveloped, and farmed with an alfalfa crop.
,. single-
family 17. The preliminary plat map of record, submitted on June 1, 2011 illustrates 41 lots for
dwellings ranging from 7,504 square feet to 9,505 square feet in size. The average lot size is
approximately 8,490 square feet. Lot frontages (widths) in the preliminary plat are 65 feet or
greater. Average lot depths range from approximately 91-130 feet.
18. The map illustrates an internal system of public streets that connects westerly to Mayhew
Road in the middle and south end of the preliminary plat, respectively; the dedication of four (4)
feet of property along the west border of the site for the widening of Mayhew Road; and a 13-foot
wide border easement along the west border of the site, measured from the dedicated right of way.
An internal street extending from north to the south in the project is shown terminating in a cul-de-
sac, approximately 13 feet from the north border of the northeast corner of the site.
19. The map illustrates an existing public sewer line in Mayhew Road, and an existing public
water line along the west border of the site adjacent to Mayhew Road.
20. The site, and the land lying south of Sanson Road and Porker Road in the vicinity, are zoned
R-3 and designated in the Low Density Residential category of the City Comprehensive Plan.
21. The land lying north, northeast and east of the northerly one-half(1/2) of the site consists of
single-family homes on lots ranging from 10,000 square feet to 14,000 square feet in size, in an
urban residential subdivision.
22. The land lying east of the site consists of single-family homes and agricultural uses on parcels
of land ranging from .7 acre to 1.4 acres in size. The land lying between the site and Wellesley
g g Y g
Avenue, south and southeast of the site, consists of single-family homes and agricultural uses on
parcels of land ranging from 1.5 acres to 4.4 acres in size.
23. The land lying west, and directly northwest, of the site across Mayhew Road consists of
single-family homes and agricultural uses on 5.3-acre parcels of land.
24. On September 21, 2009, the Hearing Examiner approved a preliminary plat to subdivide
8.34 acres of land located approximately one-third (1/3) mile west of the site, along the west side
of McDonald Road, into 28 lots for single-family dwellings; in the R-3 zoning district. The lot
sizes in the preliminary plat ranged from 7,502 to 16,246 square feet in size, and the lot frontages
(widths) ranged from 65-88 feet. See decision in File No. SUB-05-08.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 3
25. The city limits extend north to Sanson Road and Forker Road in the area. The land lying
further to the north is located outside the Urban Growth Area(t CiA); designated in the urban
Reserve category of the County Comprehensive Plan', zoned Urban Reserve (UR) under the
County Zoning Code; and comprised of larger acreage parcels developed with single-family
homes and/or agricultural uses.
26. On April 12, 2006, the County I learing Examiner approved a preliminary plat, and rural
cluster development, in the UR zone of the County Zoning Code; to divide approximately 32
acres located approximately 400 feet northwest of the site, along the north side of Sanson
Avenue, into five (5) 1-acre lots for single-family dwellings, and a 27-acre remainder parcel
improved with an existing residence. See decision in File No, SUB-05-08.
27, The UR zone of the County Zoning Code is intended to preserve certain land located outside
the UGA for expansion of urban development in the long term. The UR zone includes development
standards and incentives that are intended to ensure that land uses established in the near Mitre in
such zone do not preclude their eventual conversion for urban densities; including a maximum
residential density of one (1) dwelling unit per 20 acres, minimum lot size of 20 acres, and
minimum lot frontage and lot depth of 330 feet.
28. The UR zone of the County Zoning Code encourages residential clustering that provides for
lot areas ranging from 10,000 square feet to one (1) acre, a minimum frontage of 80 feet, and a
maximum residential density of one (1) dwelling unit per five (5) acres; provided at least 70%of the
most sensitive portions of the development site are preserved in open space, until the UGA is
expanded to include the open space parcel. See decision in File No. SUB-05-08.
29. The City Arterial Street Plan, as depicted in the Comprehensive Plan, designates Evergreen
Road east of the site, Wellesley Avenue to the south, and Forker Road to the northeast (along the
northerly city limits) as Minor Arterials; and shows a proposed Principal Arterial extending
southeasterly from Forker Road, along the northerly city limits and through the adjoining
unincorporated area, to Sullivan Road, a designated Principal Arterial located inside the city.
30. Evergreen Road, located 440 feet east of the site, provides a convenient route to State Route
No. 290 (Trent Avenue), a multi-lane state highway located several blocks south of Wellesley
Avenue. Wellesley Avenue, located 870 feet south of the site, provides a convenient route to
Sullivan Road, located several blocks east of the site. The city streets and county roads adjacent to
and near the site generally consist of paved 2-lane roads without curb or sidewalk.
31. Trentwood Elementary, East Valley Middle School, and East Valley High School are located
east of the site, northerly of Wellesley Avenue; at various distances east of Evergreen Road,
Progress Road and Sullivan Road, respectively.
32. Plantes Ferry Park, a large county park improved with soccer and softball fields, is located
less than one (1)mile west of the intersection of Mayhew Road and Wellesley Avenue.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 4
33. Myrtle Park, a small county park with a trailhead to the regional Centennial trail is located
just over one (1) mile southwest of the site, between the Spokane River and Upriver Drive. See
decision in File No. SUB-05-08.
34. The owners of 12 lots or parcels of land located within 400 feet of the site: including eight (8)
parcels lying east of the site along Davis Road, the parcel lying directly north of the extreme
northwest corner of the site along Mayhew Road, and three (3) parcels located west and northwest
of the site across Mayhew Road; expressed concerns and/or opposition to the project. The owners
(Barr) of an acreage parcel located approximately one-fourth (1/4) mile west of the site, along the
west side of McDonald Road, also expressed concerns and opposition to the project. Sec letters
submitted in 2010 in application file, testimony submitted at public hearing, Exhibit 17, parcel
information in application file, and decision in File No. SUB-05-08.
35. The concerns expressed by neighboring property owners included concerns regarding lot sizes
and widths, housing density, consistency with neighborhood character, impacts on property values,
impacts on deer and other wildlife, adequacy of sewer capacity, increased taxes and expenses fir
infrastructure, increased traffic, lack of sidewalks for children walking to Ironwood Elementary,
traffic safety for children and pets on neighboring streets, narrowness of Mayhew Road, lack of stop
signs or speed limit signs on neighboring streets, improper R-3 zoning, impacts on views, impacts
on school capacity, loss of privacy, lack of open space for parks or playgrounds in project, length
and number of homes served by cul-de-sac street in project, lack of access to backyards for lots in
project, quality of housing, number of driveways in project accessing Mayhew Road
36. The Staff Report contains a thorough and accurate analysis of the consistency of the
application with applicable policies of the Comprehensive Plan, and found the application to be
consistent with such policies.
37. The Staff Report contains a thorough and accurate analysis of the consistency of the
preliminary plat with the requirements for approving new subdivisions set forth in Sections
20.20.090 and 20.20.100 of the SVMC.
38. Section 20.20.090(3) of the SVMC recommends that block dimensions for new subdivisions
reflect due regard for the needs of convenient access, public safety, connectivity, emergency vehicle
access,topography, road maintenance, and the provision of suitable sites for the land use planned.
39. Section 20.20.090(3) of the SVMC requires that street alignments be designed and constructed
with appropriate consideration for existing and planned roads, anticipated traffic patterns,
topographic and drainage conditions, public safety, and the proposed use of the lots in the
subdivision.
40. The conditions of approval for the project recommended by City Engineering require the
installation of road improvements in accordance with the "2009 City of Spokane Valley Street
Standards", which standards were in place when the current application was submitted on July 8,
2010.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 5
41. The SVMC adopts the "Spokane County Standards for Road and Sewer Construction' by
reference as the main standards for developing and administering the City's road system but cities
tot mention the edition of such standards adopted. See SVMC 22.130.040
42. Examiner the City The Hearing Examrnc,r takes notice that the Catty adopted the 2001 version of the Spokane
County Standards for Road and Sewer Construction at the time of incorporation in 2003, the County
in 2003 adopted changes to the standard plans and technical references appended to the standards,
and the County has adopted numerous changes to the standards that took effect in 2011.
43. Since the current application was submitted as complete in 2010, the 2001 or 2003 versions of
the County Standards for Road and Sewer Construction, and other City road standards contained in
SVMC Chapter 22.130, are applicable to the project. The provisions in the 2001 and 2003 version
of such County standards are the same, and are referenced below as the "County Standards for Road
and Sewer Construction".
44. Section 1.03 of the County Standards for Road and Sewer Construction addresses the design
1 of road systems for new developments. See SVMC 22.130.040. Such standards recommend the
provision of adequate vehicular and pedestrian access to all parcels of land, minimizing through
traffic movements and excessive speeds on local access streets, logical street patterns, minimizing
vehicular and pedestrian-vehicular conflict points, considering traffic generators in designing a
street system in a proposed development, and considering bordering arterial routes.
45. Chapter 3 of the Standards for Road and Sewer Construction establish standards for the
construction of new access roads, and the reconstruction of existing access roads; and grants the
City Engineer discretion in prescribing the actual roadway section required based on a number of
factors, and to approve design deviations in appropriate circumstances.
46. The County Standards for Road and Sewer Construction require the construction of curb,
gutter and separated sidewalk along the public road frontage of new developments within urban
land use zones.
47. The conditions of approval recommended by City Engineering require the applicant to
dedicate four (4) feet of the site for the widening of Mayhew Road, and the applicable border
easement; and to improve Mayhew Road by installing additional asphalt, curb, gutter, swale and
sidewalk along the frontage of the site.
48. The applicant is required to fully improve the internal public streets in the preliminary plat by
installing a 30-foot width of pavement, with similar improvements; including but not limited to 30
feet of asphalt, curb, gutter, swale and sidewalk. This includes the north-south cul-de-sac street.
49. The County Standards for Road and Sewer Construction do not place a limitation on the
number of lots that may be served by a cul-de-sac street, its length, or its distance from a main street
or arterial. The cul-de-sac street in the preliminary plat complies with the radius diameter and road
improvement requirements for a public cul-de-sac street, intersection requirements for public
streets, and fire access requirements in subdivisions. See p. 1-6, 3-1, 3-2, and 3-16.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 6
( 50. Spokane Fire District I found the turnaround (cul-de-sac) in the preliminary plat to he
adequate, and recommended standard conditions of approval for the project. See Exhibit 14 in Staff
Report.
51. The County Standards for Road and Sewer Construction do not restrict the location of
driveways along a Local Access Street, such as Mayhew Drive, in a proposed subdivision. Such
standards, on page 1-16, do recommend limiting direct residential access to a Principal or linor
Arterial.
52. The County Standards for Road and Sewer Construction, on page 3-18, permit privately
owned alleys to provide secondary access to urban residential lots, but do not require public or
private alley access in new residential subdivisions. SMC 20.20.100(13)(4) generally discourages
double-fronting lots.
53. The applicant submitted a traffic impact analysis (TIA) prepared in July of 2009 by Sunburst
Engineering, P.S., a traffic engineering consultant. The TIA found that the project would generate
32 AM peak hour trips, and 30 new PM peak hour trips.
54. The TIA found that 25% of the project traffic would travel along Forker Road, via Sanson
Road and Mayhew Road; 65% of the traffic would travel to Trent Avenue, via. Mayhew, Wellesley
Avenue and Evergreen Road; and 10% of the traffic would travel along Wellesley to the east or
west, via Mayhew.
55. The TIA found that the level of service (LOS) currently, in the future without the project, and
in the future with the project, at the key un-signalized intersection of Wellesley/Evergreen and the
key signalized intersection of Evergreen/Trent, would be LOS A and LOS B, respectively; except
that the LOS at the intersection of Wellesley and Evergreen would be degraded to LOS B in the
future with the project.
56. The TIA found that only minor increases of less than one (1) second delay would occur at the
above-referenced intersections in the future, with or without the project; no off-site improvements
are needed to mitigate the traffic impacts for the project; and frontage improvements along Mayhew
Road and inside the project are the only traffic mitigation needed to mitigate project impacts.
57. LOS A and LOS B are well above LOS E, the minimum LOS acceptable for an un-signalized
intersection; and well above LOS D, the minimum LOS acceptable for a signalized intersection;
under the City's transportation concurrency requirements. See p. 4 of TIA, SVMC 22.20.080, and
Section 20 of Standards for Road and Sewer Construction.
58. Based on the TIA, City Engineering properly issued a certificate of transportation concurrency
for the project, and properly did not require any off-site traffic mitigation for the project. The
concurrency certification focused on the LOS during the PM peak hour at significant street
intersections impacted by a proposed development; as required by SVMC 22.20.080, and Section
1.20 of the County Standards for Road and Sewer Construction. See Exhibit 11 attached to Staff
Report.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 7
59, City Engineering condition #s 8-9 set forth on page 10 of the Staff Report require the
applicant to submit a TIA, and provide traffic mitigation for the project. These conditions emery
recommended by City Engineering several months before the TIA was prepared on March 28, 2011;
and before City Engineering certified transportation concurrency for the project under the SV MC
based on its review and approval of the TIA. These conditions are no longer appropriate, and
should be deleted. See Exhibits 11 and 14 attached to Staff Report.
60. Washington case law generally requires that traffic mitigation required for a proposed
development be reasonably necessary as a direct result of the traffic impacts of the development,
The lack of sidewalks along Mayhew Road and other nearby streets is an existing condition that was
not created by the project. The TIA indicates a relatively modest increase in the AM and peak hour
traffic generated by the project on neighboring streets.
61. The relatively minor traffic impacts generated by the project do not justify requiring the
applicant to install sidewalk off-site along Mayhew Road, Wellesley Avenue, or Evergreen Road
south of Wellesley. Additional sidewalks will likely be installed along the public streets in the
vicinity, as required for the current project along its frontage with Mayhew Road; as additional
urban residential development occurs in the area under the R-3 zoning district.
62. Project opponents did not submit competent traffic engineering evidence to rebut the expert
traffic engineering findings, conclusions and recommendations submitted by the applicant's traffic
engineer in the TIA, or City Engineering in its conditions of approval; regarding the impacts of the
project on traffic capacity or safety.
63. The project makes appropriate provision for public streets, and for sidewalks serving children
who reach school only by walking. See RCW 58.17.110, and SVMC 20.20.100(D,)( J) and SVMC
20,20.090(J).
64. City Engineering conditions of approval for the project require the disposal and treatment of
stormwater generated by the impervious surfaces developed in the project, and the handling of
existing stormwater, in accordance with the City's stormwater regulations and road standards. The
environmental checklist submitted for the project indicates that stormwater will be handled,
disposed of, and treated in accordance with such regulations.
65. The SVMC requires direct concurrency only for public sewer, public water and transportation.
Direct concurrency is not required for schools, parks, police, fire or other items of public
infrastructure and services.
66. County Utilities certified that public sewer is currently available, with service connections
required as provided, to serve the project; including the developer extension of an 8-inch sewer line.
Project opponents did not submit competent evidence to rebut the certification of sewer availability
to the project.
67. Trentwood Irrigation District #3, and County Fire District 1, certified that public water is
available to serve the project at required levels; subject to the addition of additional fire hydrants.
See Exhibit 5 attached to Staff Report.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 8
68, The conditions of approval recommended by the Spokane Regional health District and
County Utilities require the preliminary plat to be served with public sewer and water. Ike proposal
meets the public sewer and water concurrency requirements of the SVMC,
69, East Valley School District was contacted regarding the project, but did not submit any
comments regarding impacts on school capacity, traffic safety for children walking to Trentwood
Elementary, or other concerns.
70. The City Parks and Recreation Department did not comment on the project, Two (2) County
parks exist in the general area of the site, although not in the near vicinity.
'11, City Critical Area maps do not designate any priority wildlife habitat on the site, Project
opponents did not submit competent evidence that the project would have a significant adverse
impact on deer and other wildlife populations in the area that would justify the need to prepare a
habitat management plan for the project.
'72, Pursuant to RCW 36.70B.030 and 36.70E1.040, the number of lots, lot sizes, lot frontages,
lot configurations, density or proposed land uses in a preliminary plat cannot be questioned if
such features comply with the development standards of the R-3 zoning district and the
subdivision regulations of the SVMC. The project complies with all such development
standards, as set forth in the Staff Report.
73. Washington law, other than shoreline regulations, do not protect impacts to views created by a
proposed developed; unless local development regulations explicitly require such protection. The
SVMC does not contain any requirements to protect views in new subdivisions located outside
shoreline areas.
74. There is no competent evidence in the record of an appraisal nature indicating that the
project will have any significant adverse impacts on the values of neighboring properties. The
applicant provided credible evidence at the hearing that the housing in the project would be
marketed to middle income buyers and be of good quality. See testimony of Dan Rennick, and
p. 8 of environmental checklist contained in Exhibit 9 of Staff Report.
75. The project presents far less of a change to the character of the urban residential subdivision
located north and east of the northerly one-half (1/2) of the site, than such adjoining subdivision
presented to the acreage parcels surrounding it when it was approved. The project, as conditioned,
will be reasonably compatible with neighboring residences and land uses.
76. The Spokane Tribe of Indians submitted a letter advising that the site potentially contained
archaeological resources that would be impacted by ground disturbing activities; and requested that
a full cultural reconnaissance survey of the site be conducted prior to construction, and tribal
monitoring during construction. See Exhibit 14 attached to Staff Report.
77. The Spokane Tribe of Indians did not submit competent evidence of a probability, or even a
strong possibility, that artifacts or human remains would be found on the site. Based on such lack
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 9
I
of evidence, it is not appropriate to require the applicant to conduct a full cultural survey of the 41tC
prior to development of the project. The condition of approval recommended by the Departirtent„
requiring the applicant to promptly contact the Department and halt construction if potential or
known archaeological resources are discovered on the site prior to or during construction, is
adequate mitigation for the Tribe's concern.
78. The project is consistent with the intent of the R-3 zoning district set forth in SVMC
19.40.050, and the purpose of the City's subdivision regulations set forth in SVMC 20.20.01003);
contrary to the assertions of Charles and Nancy Lee Barr in Exhibit 17. This is because the
preliminary plat is designed consistent with the dimensional standards of Chapter 19.40 (District
Purposes and Supplemental Use Regulations-Residential Zones); the project makes adequate
provision for water supplies, sanitary sewage, drainage, transportation and other public services; and
-there is no competent evidence in the record that the project will cause the excessive expenditure of
public funds for public services.
79. The preliminary plat has been conditioned for compliance with the R-3 district, the UDC, and
other applicable development regulations. The Staff Report properly found that the application is
consistent with the Comprehensive Plan, and complies with the SVMC and other applicable
development regulations.
SO. RCW 58.17.140, which was recently amended, provides a time period of seven (7) years
for finalizing a preliminary plat. SVMC 20.30.050 provides for a 5-year time period, but has not
been updated to be consistent with state law. This is recognized in the Staff Report. Also see
testimony of Christina Jannsen.
81. Some minor changes are needed to the conditions of approval recommended by public
agencies; to substantially tie the final plat design to the preliminary plat map of record, delete
unnecessary conditions, provide proper citations to sections of the SVMC, provide clarity and
proper grammar to the wording of conditions, and properly arrange the order of the conditions.
Based on the above findings of fact, the Hearing Examiner enters the following:
CONCLUSIONS OF LAW
1. Minor revisions should be made to the conditions of approval recommended for the project by
public agencies, as discussed in the findings of fact above.
2. The 7-year period provided by RCW 58.17.140 for finalizing a preliminary plat supersedes the
5-year period for finalization set forth in SVMC 20.30.050.
3. Pursuant to RCW 36.70B.030 and 36.70B.040, the Hearing Examiner cannot question the
number of lots, lot sizes, lot frontages, lot depths, lot configurations, or proposed land uses in the
preliminary plat; since they comply with the development standards of the R-3 zoning district and
the subdivision regulations of the SVMC.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 10
4. The preliminary plat complies with the direct concorienc:t requirements set forth to Chapter
2120 (Concurrency) of the SVMC,
5. The preliminary plat, as conditioned, complies with the R-3 district, /oiling, subdivision and
other requirements for land development set tOrth in the SVMC, and with other applicable
development regulations.
6. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive Plan
'.' and will serve the public use and interest.
7. The preliminary plat and dedication, as conditioned, make appropriate provision for the public
health, safety and general welfare; for all other requirements tbund to be necessary and appropriate
and for which written standards and policies have been adopted; and for open spaces, streets, alleys,
drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks and other
planning features for children who only walk to and from school, noise and dust emissions, sanitary
wastes and sewer, public potable water supplies, easements, utilities, critical areas, and all other
relevant facts as specified in RCW 58.17,110 and Section 20,20,100 of the SVMC.
8. The procedural requirements of the State Environmental Policy Act and Title 21
(Environmental Controls) of the SVMC have been met.
9. Any finding of fact indicated above that is a conclusion of law shall be deemed such,
10. Approval of the preliminary plat application, as conditioned, is appropriate under Title 20
(Subdivision Regulations) of the SVMC, and RCW Chapter 58.17.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a
preliminary plat of Roth Addition is hereby approved, subject to the revised conditions of the
various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered by
the Hearing Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other requirements
of other public agencies with jurisdiction over land development.
Conditions of Approval:
The "applicant", as referenced in the conditions of approval below, shall be deemed to
include the owner and developer of the site, and their successors-in- interest.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 11
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The final plat shall be designed in substantial conformance to the preliminary plat may qf
record, consisting of the version of the preliminary plat map submitted for the administrative
exception approved by the Director c!f.the Community Development Department on June 1, 2011,
2. The approved preliminary plat shall have a maximum of forty-one (41) lots for single,litritily
dwellings, unless a preliminary plat modification is approved pursuant to Section 2030
(Preliminary Plat, Short Plat, and Binding Site Plan Alterations) of the Spokane Valley Municipal
Code (SVMC).
3. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), as superseded by ROV
_58,17.140, the preliminary plat approval shall automatically expire on June 24 2018, unless a
time extension is approved for the preliminary plat. If a request for an extension of time is not
timely submitted, and approved by the Community Development Department Director, the
preliminary approval will expire and the preliminary plat is null and void.
4. Pursuant to SVMC 20.30.060 (Extensions of Time), an application form and supporting
data for any time extension requests must be submitted to the Community Development
Department at least thirty (30) calendar days prior to the expiration of the preliminary plat
approval.
B. Prior to or in conjunction with the submittal of a proposed final plat, the applicant shall comply
with the following requirements:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-PLANNING
DIVISION:
1. Submit a proposed final plat that complies with all submittal requirements specified in
SVMC Chapter 20.40.
2. The final plat dedication shall state: All lots within this plat shall comply with the
building setback requirements, maximum building height standard and other applicable lot
development standards for the Low Density Residential District (R-3) zone or successor zoning
designation to the extent permitted by Washington State law in effect at the time of building
permit application."
3. Pursuant to SVMC 19.40.020.B (Residential Standards), pave all residential driveways and
off-street parking areas with asphalt, Portland cement, grasscrete, paver blocks or other
equivalent hard surface material.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 12
‘2:
4. Pursuant to SVMC 20,20,090. improve or make appropriate provisions for the construction
if the public or private streets or private driveways that proside access to lots being created
trough the subdivision consistent with appropriate City.adopted standards.
SPOKANE VALLEY COMMUNITY DEVELOPMEMNT DEPARTMENT.DEVITOPMEN
ENGINEERING DIVISION:
5. A Professional Engineer, licensed in the State of Washington and retained by the applicant,
shall prepare and submit required engineering documents (including civil/street plans, drainage
plans, drainage calculations, traffic studies, shared access driveway plans, etc.), Plans shall confirm
to the 2009 City of Spokane Valley Street Standards (or as amended), the 2008 Spokane Regional
Stormwater Manual (as adopted and amended by the City), the City of Spokane Valley Municipal
Code, and all other applicable federal, state and local regulations
2
6. Install frontage improvements liar Mayhew Road in accordance with the Spokane Valley
Street Standards Chapter 2, as described below:
Mayhew Road is designated as a local access street, Required frontage improvements
include pavement curb and gutter, swale and sidewalk, in accordance with Typical Street Section
R-
119. The current right-of-way is 30 feet. The minimum 1/4 right-of-way width, which is 2 feet
behind the back of the curb, is 19 feet. A right-of-way dedication of 4 feet; and a border easement,
extending from the right-of-way to the back of sidewalk, of 13 feet; are required. The widths of the
right-of-way dedication and border easement were determined assuming that the center of the road
coincides with the center of the right-of-way. The applicant shall confirm the right-of-way location
and width(s). Note: the building setback begins at the edge of the border easement.
7. The internal streets shall be designated and designed as local access public streets, in
accordance with Typical Street Section R-120. The internal roads shall consist of 30 feet of asphalt
paving, with curb & gutter, a 10-foot swale and a 5-foot sidewalk on both sides. The required right-
of-way and border easement dedication shall be referenced in the final plat dedication and
designated on the final plat map. Note: the building setback begins at the edge of the border
easement.
8. Driveway approach design shall follow the 2009 City Road Standards, or as amended.
9. All storm water facilities are to be designed per the Spokane Regional Stormwater Manual
(SRSM). Linear roadside facilities such as swales shall be located within the right-of-way and/or
border easements when adjacent to public streets or within a tract or easement when adjacent to a
private road or driveway serving more than one lot.
10. The Standard Plan Notes contained in the Street Standards Appendix 4-A shall be used on
the civil plans, rather than those contained in the Spokane Regional Stormwater Manual Appendix
3b.
11. Show any utility easements (i.e. telephone, power, etc.) on the final plat. The permittee is
responsible for arranging for all necessary utility adjustments, relocations, or improvements as
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 13
required for completion of the project, the applicant needs to contact the purveyors or each
affected utility regarding private services, utility improvement, and any relocation and adjustment
costs. All rigid objects shall be located out of the clear zone. Clear zone requirements arc found M
the 2009 City of Spokane Valley Street Standards, as amended,
12. All new drywells and other injection wells must be registered with the Underground
Injection Control program (1„11C) at the State Department of Ecology prior to use The discharge
from the well(s) must comply with the ground water quality requirement (nonendangerment
standard) at the top of the ground water table. Contact the U1C staff at MC Program, Department
of Ecology, P.O. Box 47600, Olympia, WA 98504.7600 (360) 407-043: or
http://www.wc .wa. ,oy/programs4yq/grndwuAnc/rqgist„rrjtiQivn jwiittpj; for registration forms
and further information. Copies of the registration for drywells, which receive public road storm
Mater runoff, shall be sent to Development Engineering, The City of Spokane Valley NPDES
Permit Number is WAR04-6507.
13. A construction Stormwater Permit shall be obtained from the State Department of Ecology if
both the following two (2) conditions apply:
a. A construction project disturbs one (1) or more acres of land (using the cumulative acreage
of the entire project, whether in a single or in a multiphase project), and,
b. If there is a possibility that storm water 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 at least 60 days prior to discharging storm water.
More information can be obtained from http://eye.wa.gov/lro qams/w(/stormwater/construction.
14. The review of civil plans and supporting documents cannot proceed until an application for
a grading permit has been received. All documents (plans, reports, etc.) must be submitted through
the Building Department Permit Center located at 11703 E. Sprague Avenue, Suite B-3.
15. Plat language will be determined at the time the proposed final plat is submitted. The
applicant shall contact Development Engineering after civil plan approval and /or prior to the
submittal of the proposed final plat, to obtain plat language.
SPOKANE COUNTY DIVISION OF UTILITIES:
16. The final plat dedication shall state: "Public sewers shall be constructed to provide for the
connection of each parcel to the County's system of sewerage. Uses on the 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."
17. The applicant shall submit expressly to the Spokane County Division of Utilities, 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,
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 14
the applicant is required to contact Billy Urhausen at 477-3604 to discuss the details of the sewer
plans.
18. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalitation
of the project.
19, Security shall be deposited with the Division of Utilities 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 Division of Utilities, and in accordance with the Spokane County Sanitary Sewer
Ordinance.
20. Security shall be submitted to the Division of Utilities, prior to approval of the Sewer
Design Plans.
21. 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:
22. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
23. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Planning Department to the utility companies, City of Spokane Valley
engineer, and the Spokane Regional health District.
24. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
25. Water service shall be coordinated through the Director of Utilities, Spokane County.
26. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
27. Prior to filing a final plat, the applicant shall demonstrate to the satisfaction of the Spokane
Regional Health District that an adequate and potable water supply is available to each lot of the
plat.
28. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
29. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use must be approved by the water purveyor, the fire protection district and the
appropriate health authorities. The health authorities, water supplier (purveyor), and the fire
protection district will certify, prior to the filing of the final plat, on the face of said water plan that
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 15
the plan is in conformance with their requirements and wilt adequately satisfy then respective
needs. Said water plan and certification will he drafted on a transparency suitable for reproductions.
`r!
30. The purveyor will also certify prior to filing the final plat on a copy of said water plan that
appropriate contractual arrangements have been made with the plat sponsor for construction of the
water system, in accordance with the approved plan and time schedule, lihe time schedule will
provide, in any case, for° completion or the water system and inspection by the appropriate health
authorities prior to application for building permits within the plat. The contractual arrangements
will include a provision holding the City of Spokane Valley harmless from claims by any lot
purchaser refused a building permit due to failure of the plat sponsor to satisfactorily complete the
approved water system.
31. 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
1� p ' g� p. :.�_ y�° �
authorized.
32. The final plat dedication shall state: "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."
33. The final plat dedication shall state: "Use of private wells and water systems is prohibited."
34. The final plat dedication shall state: "The public water system, pursuant to the Water Plan
approved by County and State health authorities, the local fire protection district, City of Spokane
Valley and water purveyor, shall be installed within this subdivision, and the applicant shall provide
for individual domestic water service as well as fire protection to each lot prior to sale of each lot
and prior to issuance of a building permit for each lot."
SPOKANE VALLEY FIRE DEPARTMENT:
35. Roads less than 32 feet wide shall be posted on one side as "No Parking-Fire Lane".
36. The turnaround is adequate as drawn.
37. Addresses shall be posted at the entrance of private drive, so that they are visible from the
right-of-way during and after construction. Numbers shall be a minimum 4 inches tall and
contrasting to background.
38. Two (2) new fire hydrants shall be installed at the northwest corner of Olympic and Avalon,
and the northwest corner of Queen and Avalon; respectively.
a. The hydrants shall stand plumb. The traffic breakaway flange shall 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 reserved 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.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 16
b. All fire hydrants shall have a minimum of three (3) outlets, one 4 ' inch inside
diameter pumper outlet and two 2 V2-inch inside diameter otalcts„ Threads on all
outlets shall be National Standard Thread (NST).
c. The pumper port shall face the street. Where the street cannot be clearly defined or
recognized, the port shall face the street, Where the street cannot be clearly defined
or recognized, the port shall face the most likely route of approach and location of the
fire apparatus while pumping, as determined by the local fire protection agency.
C. Prior to or durin Y on-site construction the a licint shall cent ly yftll•
muireinents:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-PLANN I NG
DIVISION:
1. Upon the discovery of potential or known archaeological resources on the site, the applicant,
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 Development Department of said discovery
SPOKANE VALLEY COMMUNITY DEVELOPMEMNT DEPARTMENT-DEVELOPMENT
ENGINEERING DIVISION:
2. A pre-construction conference shall be held with Development Engineering prior to the start
of construction. The grading permit shall be obtained prior to scheduling the pre-construction
meeting, with proof of the permit issuance provided at the meeting. During the conference,
standards and submittal requirements for the Construction Certification will be given to the project
engineer/inspector.
3. For construction affecting a public right-of-way, the applicant shall, at least fourteen (14)
days prior to construction, securely post a sign at each ingress to the project area. The sign shall be
clearly visible from the right-of-way and provide project construction details. See Section 9.7 of the
Street Standards.
4. Permits are required for any access to or work within the right-of-way of the City of
Spokane Valley roadway system. A traffic control plan shall accompany the right-of-way
obstruction permit.
5. Notice: The Regional Pavement Cut Policy may prevent or limit pavement cuts in the
adjacent street(s). There is a 3-year moratorium on pavement cuts for newly paved streets. Please
contact the City right-of-way inspector for further information.
6. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the
start of site work; and shall be maintained throughout the duration of construction, and until the site
has stabilized.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 17
7. 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,
S. Construction within the proposed public streets and casements 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 his staff,
9. Upon completion of the improvements, a Construction Certification package and record
drawings for the improvements shall be submitted and must be approved prior to releasing the
perfbrmance surety or final plat approval.
WASHINGTON STATE DEPARTMENT OF ECOLOGY:
10, The applicant is encouraged to use construction products containing recycled and non-toxic
materials whenever possible, to reuse and recycle all leftover construction materials, and reduce
-waste generated and practice "Green Building"principles in all aspects of the project.
11. To limit use and exposure to toxic chemicals, the applicant should incorporate integrated
pest management (1PM) approaches to landscape management. Please see
www.ec .wa._ov/ ro Trams/swfa/u•est for information on IPM in indoor residential environments.
12. Landscaping should incorporate waste prevention measures and the use of organic materials.
Water needs are reduced by use of drought tolerant plantings, compost material, mulch and drip
irrigation. Pesticide and herbicide use is eliminated or reduced by use of pest resistant and native
plantings. Compost is also an effective soil amendment. Chipped woody debris can be used to
mulch ornamental beds, suppress weeds, retain moisture, control erosion, and provide a base for
pathways. It is recommended using organic debris generated on-site if possible for landscaping.
13. The water purveyor is responsible for ensuring that the proposed use(s) are within the
limitations of its water rights. If the plat's water use is different that the existing water right
(source, purpose, the place of use, or period of use), it is subject to approval from the Department of
Ecology pursuant to RCW 90.03.380 and RCW 90.44.100.
14. If any part of the plat involves development within the Special Flood Hazard Area, a
Floodplain Development Permit must be issued by the City.
15. Proper erosion and sediment control practices must be used on the construction site and
adjacent areas to prevent upland sediments from entering surface water. Local stormwater
ordinances will provide specific requirements. Also refer to the Stormwater Management Manual
for Eastern Washington(http://www.wcy.wa.gov/programs/wq/stormwater/eastern manual/manual
.html). All ground disturbed by construction activities must be stabilized. When appropriate, the
applicant should use native vegetation typical of the site.
16. Any operation that would generate a waste discharge or have the potential to impact the
quality of state waters, must receive specific prior authorization from the Department of Ecology as
provided under RCW Chapter 90.48; and WAC Chapters 173-216, 173-220 173-200 and 173-201A.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 18
17. Routine inspections and maintenance of all erosion and sediment control Best Management
Practices (BMPs) should be conducted both during and after development of the site.
18. A stormwater Pollution Prevention Plan for the project site may be required and should he
developed by a qualified person(s).
19. Proper disposal of construction debris must be in such a manner that debris cannot enter the
natural stormwater drainage system or cause water quality degradation of surface waters.
Dumpsters and refuse collection containers shall be durable, corrosion resistant, nonabsorbent,
nonleaking, and have close fitting covers. If spillage or leakage does occur, waste shall be picked
up immediately and returned to the container and the area properly cleaned.
20. The operator of a construction site that disturbs one (1) acre or more of total land area, and
which has or will have a discharge of stormwater to a surface water or to a storm sewer, must apply
for coverage under Department of Ecology's Construction Stormwater General permit.
21. Owners of sites where less than one (1) acre of total land area will be disturbed must also apply
for such coverage if the construction activity is part of a larger plan of development or sale in which
more than one (1) acre will eventually be disturbed. Discharge of stormwater from such sites without a
permit is illegal, and subject to enforcement action by the Department of Ecology. Application should
be made at least 60 days prior to commencement of construction activities. A permit application and
related documents are available online at http://www.ec .wa. )0v/ rorams/wc/stormwater/construction;
or by contacting the Water Quality Program, Department of Ecology.
SPOKANE REGIONAL CLEAN AIR AGENCY:
22. Dust emissions during demolition, construction and excavation projects must be controlled.
This may require the use of water sprays, tarps, sprinklers or suspension of activity during certain
weather conditions.
23. Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
24. Debris generated as a result of this project must be disposed of by means other than burning.
25. Spokane Clean Air strongly recommends that all traveled surfaces (i.e. ingress, egress,
parking areas, access roads, etc. be paved and kept clean to minimize dust emissions.
26. If objectionable odors result from this project, effective control apparatus and measures must
be taken to reduce odors to a minimum.
27. Special attention should be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspected carcinogen.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 19
_I
I
DATED this 23rd day of'June, 2011
SPOKANE VALLEY E HEARING EXAMINER
i ) ..��
Michel C. Det psey=, `9 SBA i8'
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT To APPEAL
Pursuant to Chapter 1.7.90 of the Spokane Valley Municipal Code (SVMC), and RCW
Chapter 36.70C, the decision of the Hearing Examiner on an application for a preliminary
plat is final and conclusive unless within twenty-one (21) calendar days from the date of
issuance of the Examiner's decision, a party with standing files a hand use petition in Superior
Court pursuant to RCW Chapter 36.70C. Pursuant to RCW Chapter 36.70C, the date of
issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
This decision was mailed by regular mail to the Applicant, and to all government
agencies and persons entitled to notice under Section 17.80.130(4) of the SVMC, on June 24,
2011. The date of issuance of the Hearing Examiner's decision is therefore June 27, 2011.
THE APPEAL CLOSING DATE IS JULY 18,2011.
The complete record in this matter is on file during the appeal period with the Office
of the Hearing Examiner, Third Floor, Public Works Building, 1026 West Broadway Avenue,
Spokane, Washington, 99260-0245; and may be inspected by contacting Kristine Chase at
(509) 477-7490. The file may be inspected during normal working hours, listed as Monday-
Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:30 p.m. After the
appeal period, the file may be inspected at the City of Spokane Valley Community
1 Development Department-Planning Division, 11707 E. Sprague Avenue, Spokane Valley, WA,
99206; by contacting Christina Janssen 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.
HE Findings, Conclusions and Decision File No. SUB-01-10 Page 20