Hearing Examiner Decision SUB-02-11 CITY OF SPOKANE VALLEY HEARING EXAMINER
Preliminary Plat of M & W Subdivision, in the R-3 )
Zoning District; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Applicant: Lots N' Land, LLC ) AND DECISION
File No. SUB-02-11 )
)
L SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the R-3 zoning district.
Summary of Decision: Approve preliminary plat, subject to revised conditions. The preliminary
plat will expire on October 18, 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 M & W Subdivision; to subdivide
approximately .56 acres of land into two (2) lots for single-family dwellings, in the Single-family
Residential (R-3) District zoning designation.
2. The site is located along the north side of Second Avenue; approximately 1,150 feet east of its
intersection with Barker Road, and approximately 500 feet west of its intersection with Holiday
Road; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 55202.0188; and is legally
described as Lot 4 of Short Plat No. SHP-05-05, as recorded at Book 21, page 11-12 of Short Plats,
records of the Spokane County Auditor.
4. The applicant is Lots N' Land, LLC; which has a mailing address of c/o Dan Rennick, 122 N.
Raymond Court, Suite 3, Spokane Valley, WA 99206. The site owner is Kevin Madden Homes,
LLC; at the same mailing address.
5. On July 12, 2011, the applicant submitted a complete application for the preliminary plat to
the City Community Development Department ("Department").
6. On August 26, 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 September 29, 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 September 26,
2011.
HE Findings, Conclusions and Decision File No. SUB-02-I 1 Page 1
8. The following persons testified at the public hearing:
Marty Palaniuk, Planning Technician
City Community Development Department- Daniel Remick
Planning Division 122 N. Raymond Road, #3
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206
Spokane Valley, WA 99206
Blair Ehlert Wayne Kamps
19013 E. 2nd Avenue 1909 S. Dartmouth Rd.
Greenacres, WA 99016 Spokane Valley, WA 99206
9. The following exhibit was submitted at the public hearing:
Exhibit 14: Final short plat map and dedication for Short Plat No. SHP-05-05.
10. Exhibit 14 was submitted by the Department. Exhibits 1-13 consist of attachments to the Staff
Report prepared by the Department. The Staff Report is part of the application file.
11. 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.
12. The Hearing Examiner takes notice of the City Comprehensive Plan, SVMC, and Spokane
County Standards for Road and Sewer Construction adopted by the SVMC; other applicable
development regulations; and prior land use decisions in the vicinity.
13. The record includes the documents in the application file at the time of the public hearing, the
exhibits and testimony submitted at the public hearing, and the items taken notice of by the
Examiner.
14. The site is approximately 24,424 square feet (.56 acres) in size, rectangular in shape, relatively
flat in topography and undeveloped.
15. The final short plat that includes the lot making up the site was recorded on June 21, 2007.
16. The preliminary plat map of record, submitted on July 12, 2011, illustrates division of the site
into two (2) lots for the development of single-family dwellings. The westerly lot (Lot 1) is 14,434
square feet in size, and has 97.5 feet of frontage along Second Avenue; and the easterly lot (Lot 2) is
9,990 square feet in size, and has 87.5 feet of frontage along Second Avenue. The depth of both
lots is 148 feet.
17. The preliminary plat map illustrates a proposed 8-foot border easement and proposed 10-foot
utility easement along the south border of the site, adjacent to Second Avenue; and an existing 30-
foot wide access and utility easement along the west border of Lot 1. The existing easement
HE Findings, Conclusions and Decision File No. SUB-02-I 1 Page 2
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extends northerly from Second Avenue; and continues offsite to the north, to serve the two (2)
single-family lots short platted consecutively to the north.
18. The site and neighboring Iand are designated in the Low Density Residential category of the
Comprehensive Plan. The land located within 400 feet of the site generally consists of lots or
parcels that are zoned R-3; range from .5 acres to 4.5 acres in size; and are predominantly developed
with single-family dwellings, but include some vacant Iots.
19. The only exception to the above characterization of the neighborhood are the 18 platted lots
that lie 330 feet or more east of the site; between Second and Sprague Avenues, on both sides of
Holiday Road. Such lots are zoned Single-Family Residential Urban (R-4), range from 8,000 to
13,000 square feet in size, and are improved with single-family dwellings. A solid vinyl fence abuts
the west side of such development, approximately 330 feet east of the site.
20. The lot lying directly north of the site is .56 acres in size, and is improved with a single-family
home constructed in 2008. The two (2) lots lying consecutively short platted north of such lot are
undeveloped. The lot lying directly west of the site is 1.1 acre in size, and is improved with a
single-family dwelling constructed in 2002.
21. The lot lying directly south of the site, across Second Avenue, is .53 acres in size and
undeveloped. The lot lying directly southwest of the site, across Second Avenue, is 2.3 acres in
size, and is improved with a single-family dwelling constructed in 1984. The lot lying directly
southeast of the site, across Second Avenue, is one (1) acre in size and improved with a single-
family dwelling constructed in 1995.
22. The Iand lying directly east of the site is 4.5 acres in size, extends between Second Avenue
and Sprague Avenue, and is improved with an orchard and a single-family dwelling constructed in
1955.
23. The City of Liberty Lake lies directly east of Hodges Road, and the City of Spokane Valley;
approximately one-fourth (1/4) mile east of the site. See parcel information, County Assessor's
map for the N '/2 of Section 20, and Exhibit 4 (aerial map); in application file.
24. The City Arterial Street Plan designates Barker Road, and Sprague Avenue west of Barker, as
Minor Arterials; and Sprague Avenue, east of Barker, as a Collector. The plan designates Appleway
Avenue, east of its intersection with Sprague Avenue; and Sprague Avenue, west of such
intersection; as Principal Arterials. Hodges Road is designated as a proposed Collector.
25. Second Avenue is a 2-lane, paved, local access street that is improved with curb and sidewalk
in certain locations. The Interstate 90/Barker Road freeway interchange is located a few blocks
north of the intersection of Barker Road and Appleway Avenue,
26. Opposition to the proposed plat was submitted by Wayne Kamps, the owner of the 4.5-acre
parcel that abuts the site on the east; and by Blair and Shelley Ehlert, who owns the .56-acre parcel
that abuts the site on the north. The concerns expressed by such owners included adverse impacts
•
on property values, aesthetics and neighborhood character through division of the site into smaller
HE Findings, Conclusions and Decision File No. SUB-02-11 Page 3
lots, and the development of lower quality homes on such lots; compared to existing lots and homes
in the neighborhood.
27. The Ehlerts contended that the site owner, Kevin Madden Homes, LLC, is limited to the
development of only one (1) residence on the site, which must be of equal comparable value to the
home recently constructed by the site owner on the Ehlerts' adjoining lot. Such contention is based
on a purchase and sale agreement that was executed between the Ehlerts and the site owner in 2009.
See Exhibit 13, and testimony of Blair Ehlert and Wayne Kamps.
28. The applicant, Daniel Rennick, testified in favor of the preliminary plat approval. Remick
contended that review of the proposed subdivision is controlled by the zoning of the site, home
values have dropped 35% over the past few years due to the recent recession, homes of comparable
value to the Ehlert home will be constructed on the lots created by the project, and the project will
not have any significant impact on the values of neighboring properties.
29. The R-3 zoning district requires a minimum lot size of 7,500 square feet, a minimum lot width
of 65 feet, a minimum lot depth of 90 feet, front/flanking yards of 15 feet, minimum garage setback
and minimum rear yard setbacks of 20 feet, and a side yard setback of five (5) feet; for the
development of single-family dwellings. Setbacks located adjacent to a private driveway easement
must be established from the inner edge of the driveway. See Table 19.40-1 of SVMC 19.40.020.
30. Lot I of the proposed plat is burdened by the existing 30-foot driveway easement on the west.
A home developed on such lot could be served either off the easement or Second Avenue, because
the driveway easement extending through such lot can serve a total of three (3) lots under the City's
road standards. See SVMC 22.130.040, Section 3.24 of Spokane County Standards for Road and
Sewer Construction, and final short plat of SIHP-05-05.
31. A home developed on Lot 1 of the proposed subdivision that fronts on Second Avenue for
access, which is the most likely scenario for development, would need to observe a 5-foot side yard
adjacent to the existing driveway easement.
32. The effective width of Lot I in the above circumstance, for the development of a home, would
be nearly 68 feet; which exceeds the minimum lot width required in the R-3 district. The effective
lot size of Lot 1 would be approximately 9,900 square feet, which significantly exceeds the
minimum lot size required in R-3 district. The depth of Lot 1 is 148 feet, which is 64% larger than
the minimum lot depth required in the R-3 district.
33. Lot 2 of the proposed subdivision has larger, and has a significantly greater width, than the
effective lot size and width of Lot 1 of the proposed subdivision, respectively. Lot 2 also has a
significantly larger lot size, width and depth than the R-3 district requires.
34. Lots 1 and 2 of the proposed subdivision have sufficient size and dimensions for the
development of significantly sized homes, compared to the size of homes that can be constructed on
lots that just meet the minimum lot standards of the R-3 district.
HE Findings, Conclusions and Decision File No. SUB-02-11 Page 4
35. There is no competent evidence in the record, of a professional appraisal nature, that is
specific to the value of the lots after platting, or as improved; or to the impact of such platting and
development on the values of neighboring properties; on which to base a conclusion that the
approval of the proposed subdivision will have any significant adverse impact on the values of
neighboring properties.
36. The standards of the R-3 district would easily permit the development of a duplex dwelling on
the site in its current configuration, and would even allow the development of duplex dwellings on
Lots I and 2 of the proposed subdivision. See Table 19.40-1 of SVMC 19.40.020.
37. The preliminary plat map and environmental checklist submitted for the project advise that
each of the lots in the project would be developed for single-family dwellings. A condition of
approval should be added that restricts development of such lots to a single-family dwelling and
associated accessory uses permitted in the R-3 district.
38. Subdivision of the site as proposed will not result in a significant change to the existing or
future character of the residential neighborhood.
39. 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. Such analysis is hereby adopted by reference as findings of fact.
40. The Staff Report does not directly address the consistency of the proposed subdivision with
the general design requirements for proposed subdivisions set forth in SVMC 20.20.090. SVMC
20.20.090(A) requires the design, shape, size and orientation of the proposed lots to be appropriate
for the use for which the division of lots is intended; and for the zoning and Comprehensive Plan
classifications for the area in which the proposed subdivision is located.
41. The above analysis, the analysis of the project contained in the Staff Report, and the design of
the preliminary plat establish that the application, as conditioned, complies with the general design
requirements for proposed subdivisions set forth in SVMC 20.20.090.
42. The Staff Report contains a thorough and accurate analysis of the consistency of the
preliminary plat with the requirements set forth in SVMC 20.20.100 for proposed subdivisions.
Such analysis is hereby adopted by reference as findings of fact.
43. 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.
44. County Utilities certified that public sewer is currently available, with two (2) 4-inch sewer
stubs already available to serve the two (2) lots in the project.
45. Consolidated In-igation District #19, and County Fire District I, certified that public water is
available to serve the project at required levels. See Exhibit 5 attached to Staff Report.
HE Findings, Conclusions and Decision File No. SUB-02-11 Page 5
46. 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. The proposal
meets the public sewer and water concurrency requirements of the SVMC.
47. The Development Engineering Division of the Department did not comment on whether the
proposed subdivision is exempt from transportation concurrency review; or is subject to
concurrency review, and meets transportation concurrency.
48. The conditions of approval recommended by City Engineering require the applicant to make
frontage improvements along Second Avenue; including the installation of additional asphalt,
sidewalk, curb and drainage. Such improvements are reasonably related and proportionate to the
impact of the project on Second Avenue; along with the traffic impacts generated by the lots
developed north of the site, which are in the same short plat.
49. The SVMC exempts from transportation concurrency review any project permit that will have
transportation impacts of less than 10 peak hour vehicular trips, and that will not change the traffic
volumes and flow patterns in the afternoon peak hour; as determined by the senior traffic engineer.
See SVMC 22.20.020.
50. The approval of the proposed subdivision will potentially add traffic from one (1) additional
residence on City streets, compared to the site. The project is likely exempt from transportation
concurrency review, or if not exempt is unlikely to impact the level of service at area intersections.
However, a concurrency finding still needs to be made by the City's senior traffic engineer, prior to
the approval of a final plat. This requirement should be added as a condition of approval.
51. The addendum/amendment to the purchase and sales agreement executed between the site
owner and the Ehlerts in 2009 requires the site owner to verify that a home of"equal comparable
quality" will be constructed on the site, as Iong as the site owner remains the owner of the site. The
instrument also grants the Ehlerts a right of first refusal to purchase the site, if the site owner
decides to sell it. See Exhibit 13. However, the final short plat of SHP-05-05 does not incorporate
such contingencies.
52. SVMC 20.30.050 has not been updated to be consistent with RCW 58.17.140, which provides
a 7-year period for finalizing the proposed subdivision. The Department's condition #5 on page 8
of the Staff Report fails to note such inconsistency, and should be clarified.
53. City Engineering condition#4 set forth on page 8 of the Staff Report erroneously lists obsolete
code provisions that conflict with the memorandum dated August 8, 2011 from City Engineering to
the Department. See Exhibit 12. The condition should be corrected and revised.
54. 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 the application, as
conditioned, to be consistent with the SVMC and other applicable development regulations.
HE Findings, Conclusions and Decision File No. SUB-02-11 Page 6
7
Based on the above findings of fact, the Hearing Examiner enters the following:
CONCLUSIONS OF LAW
1. The division of the site into (2) lots, within a period of five (5) years after the final short plat
containing the site was finalized, requires the approval of a preliminary and final plat. See RCW
58.17.060.
2. The 7-year period for finalizing a preliminary plat provided by RCW 58.17.140 supersedes the
obsolete 5-year period stated in SVMC 20.30.050, since local ordinances must be consistent with
RCW Chapter 58.17. The Department's condition #5 on page 8 of the Staff Report should be
revised to indicate such superseding authority.
3. A comprehensive plan is considered as a general blueprint for land use regulation. See
Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 873 (1997); and Cathcart v.
Snohomish County, 96 Wn.2d 201, 211-12 (1981).
4. Where a comprehensive plan conflicts with zoning regulations, the zoning regulations will be
generally be construed to prevail. See Weyerhaeuser v. Pierce County, 124 Wn.2d 26, 43 (1994).
5. While the opposition of a community to a proposed land use permit may be given substantial
weight, it cannot alone justify denying the land use permit. Competent, objective and substantial
evidence directed toward the approval criteria for the land use permit may justify a land use
decision. See Sunderland Services v. City of Pasco, 127 Wn. 2d 782 (1995) and Hansen v. Chelan
County, supra.
6. Pursuant to RCW 36.70B.030 and 36.70B.040, the Hearing Examiner cannot question the
number of lots, lot sizes, lot frontages, Iot depths, lot configurations, or proposed land uses in the
proposed preliminary plat; since the preliminary plat, as conditioned, complies with the
development standards of the R-3 zoning district, and the subdivision regulations of the SVMC.
7. The City has no statutory authority or other legal authority to enforce a private purchase and
sale agreement between the Ehlerts and the site owner, regarding the subdivision proposal.
8. A condition of approval should be added that restricts the development of Lot 1 and Lot 2 of
the final plat to the development of a single-family home and associated accessory uses as permitted
in the R-3 zoning district or successor district. This is consistent with the representation of the
project in the application materials.
9. A condition of approval should be added that requires the final plat to comply with the general
design requirements for subdivisions set forth in SVMC 20.20.090.
10. A condition of approval should be added that requires the City traffic engineer to make a
transportation concurrency determination prior to final plat approval. The errors in City
Engineering condition #1 set forth on page 8 of the Staff Report, referenced in the above findings of
fact, should be corrected.
HE Findings, Conclusions and Decision File No. SUB-02-11 Page 7
11. As conditioned, the preliminary plat application complies with the direct concurrency
requirements set forth in SVMC Chapter 21.20 (Concurrency).
12. The preliminary plat application, as conditioned, complies with the R-3 district, zoning,
subdivision and other requirements for land development set forth in the SVMC; and with other
applicable development regulations.
13. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive Plan
and will serve the public use and interest.
14. The preliminary plat and dedication, as conditioned, make appropriate provision for the public
health, safety and general welfare; for all other requirements found 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 SVMC 20.20.100.
15. The procedural requirements of the State Environmental Policy Act and SVMC Title 21
(Environmental Controls) have been met.
16. Any conclusion of law above that is a finding of fact is hereby deemed such.
17. The approval of the preliminary plat application, as conditioned, is appropriate under SVMC
Title 20 (Subdivision Regulations) and SVMC Chapter 18.20 (Hearing Examiner), and RCW
Chapter 58.17.
IV. DECISION •
Based on the Findings of Fact and Conclusions of Law above, the application for a
preliminary plat 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-02-11 Page 8
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The final plat shall be designed in substantial conformance with the preliminary plat map of
record submitted on July 12, 2011, comply with the general design requirements of SVMC
20.20.090, shall have a maximum of two (2) residential lots, and be limited to the development of
single.family homes and associated accessory uses permitted in the Single-family Residential (R-3)
zoning district or successor zoning designation; unless a preliminary plat modification is approved
pursuant to Section 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations) of the
Spokane Valley Municipal Code (SVMC).
2. Pursuant to SVMC 20.30.050 (Expiration of Preliminary ApprovaI), as superseded by RCW
58.17.140, the preliminary plat approval shall automatically expire on October 18, 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.
3. 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.
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 RCW Chapter 58.17, and shall be restrained by injunctive action and shall
be illegal, as provided in RCW Chapter 58.17. Each sale, lease, or transfer of each separate lot or
parcel of land in violation of any provision of this ordinance shall be deemed a separate and distinct
offense.
5. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary
and final subdivisions to 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 for all final plats. All surveys shall comply with
RCW Chapter 58.09 (Survey Recording Act) and WAC Chapter 332-130 (Survey and Land
Descriptions).
6. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan), the City of
Spokane Valley shall, upon receipt of all required signatures on the face of the plat, record the final
plat with the Spokane County Auditor's Office.
7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the
applicant prior to recording.
HE Findings, Conclusions and Decrsion File No. SUB-02-I 1 Page 9
B. Prior to or at the time a proposed final plat is submitted. the applicant shall comply with the
following requirements:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-PLANNING
DIVISION:
1. The proposed final plat shall comply with all submittal requirements specified in SVMC
Chapter 20.40. The final plat dedication shall state that each lot in the final plat is restricted to the
development of a single-family dwelling and associated accessory uses, as permitted in the R-3
district or successor zoning designation.
2. The final plat dedication shall state: "All lots within this plat shall comply with the building
setback requirements, maximum building height standard, maximum lot coverage standard and
other applicable lot development standards for the R-3 zoning district or successor zoning
designation, to the extent permitted by Washington State Iaw in effect at the time of building permit
application."
3. The following addresses have been assigned and shall be designated on the final plat:
Lot 1 — 19019 E. 2"d Avenue (existing address to remain)
Lot 2 —19021 E. 2"d Avenue
SPOKANE VALLEY COMMUNITY DEVELOPMEMNT DEPARTMENT-DEVELOPMENT
ENGINEERING DIVISION:
4. A Professional Engineer, licensed in the State of Washington, shall submit final street and
drainage plans and a drainage report; including calculations that conform to the 2009 Edition of the
Spokane County Standards for Road and Sewer Construction (or as amended), the 2008 Spokane
Regional Stormwater Manual (or as amended), the SVMC, all other federal, state and local
regulations as applicable.
5. Frontage improvements per the Spokane Valley Street Standards are required on 211d
Avenue, a local access street. Right-of-way and border easements are adequate and no further
dedications are required. The 8-foot border easement required for the site by Short Plat No. SHP-
05-05 may be reduced to 7 feet, and shown as such on the final plat. Improvements required to be
constructed by the applicant include 15 feet of asphalt width from road centerline, Type B curb and
gutter (2 feet wide), 10-foot wide roadside swale, and a 5-foot wide sidewalk. Existing utilities are
required to be relocated to 2 feet behind the sidewalk. The applicant is required to install seed/grass
in the roadside swale, and to maintain the swale.
6. The driveway approach design shall follow the 2009 Spokane Valley Road Standards, or as
amended.
7. All stormwater facilities shall be designed per the Spokane Regional Stormwater Manual.
Linear roadside facilities, such as swales, shall be located within the right-of-way and/or border
FIE Findings, Conclusions and Decision File No. SUB-02-11 Page 10
easements when adjacent to public streets, or within a tract or easement when adjacent to a private
road or driveway that serves more than one lot.
8. All pertinent conditions of Short Plat No. SHP-05-05 must be addressed. The City senior
traffic engineer shall review and certify transportation concurrency for the preliminary plat, prior
to final plat.
9. The Standard Plan Notes found in the Street Standards at Appendix 4A shall be used, rather
than those stated in the Spokane Regional Stormwater Manual at Appendix 3B.
10. Show all utility easements (i.e. telephone, power, etc.). The permittee is responsible for
arranging for all necessary utility adjustments, relocations, or improvements as required for
completion of the project. The applicant needs to contact the purveyors of each affected utility
regarding private service, utility improvement, and any relocation and adjustment costs. All rigid
objects shall be located out of the clear zone. CIear zone requirements are found in the 2009 City of
Spokane Valley Street Standards, or as amended.
11. If sewer and/or water needs to be brought to the lots and this requires an Engineering design,
copies of the approved sewer and water plans are required to be submitted to Development
Engineering. The civil plans for the project are required to show the extents of pavement removal
and replacement.
12. All new dry wells and other injection wells must be registered with the Underground
Injection Control program (UIC) at the State Department of Ecology 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 UIC staff at UIC Program, department of
Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143, or access
http://www.ecv.wa.gov/programs/wq/arndwtr/uic/registration/rea info.html for registration forms
and further information. Copies of the registration for drywells which receive public road
stormwater runoff shall be sent to Development Engineering. The City of Spokane Valley NPDES
Permit Number is WAR04-6507.
13. 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 Ave., Suite B-3.
14. Final 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 the plat language.
SPOKANE COUNTY DIVISION OF UTILITIES:
15. 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 developed on lots in the final
plat shall be required to connect to the sewer and pay applicable charges per the County Sewer
Ordinance. Sewer connection permits shall be required".
I-IE Findings, Conclusions and Decision File No. SUB-02-11 Page 11
16. 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,
the applicant needs to contact Billy Urhausen at (509) 477-3604 to discuss details of sewer plans.
17. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
SPOKANE REGIONAL HEALTH DISTRICT:
18. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
19. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the City Community Development Department to the utility companies, the City
Development of Engineering Division, and the Spokane Regional Health District. Written approval
of the easements by the utility companies shall be received prior to submittal of the final plat.
20. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
21. Water service shall be coordinated through the Director of Utilities, Spokane County.
22. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
23. Prior to filing the 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.
24. 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.
25. A public sewer system shall be made available for the plat and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
26. 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. The use of individual on-site
sewage disposal systems shall not be authorized."
27. The final plat dedication shall state: "The use of private wells and water systems is
prohibited."
HE Findings, Conclusions and Decision File No. SUB-02-11 Page 12
28. The final plat dedication shall state: "The public water system, pursuant to the Water Plan
approved by Regional and State health authorities, local fire protection district, City of Spokane
Valley and water purveyor shall be installed within this subdivision; and the applicant shall provide
for individual domestic water service as well as fire protection to each lot prior to sale of each lot
and prior to issuance of a building permit for each lot."
AVISTA UTILITIES:
29. The frnaI plat dedication shall state: " `Dry' utility easements shown on the herein described
plat are hereby dedicated for use by serving utility companies for the construction, reconstruction,
maintenance, protection, inspection and operation of their respective "dry" facilities; including
those for fiber optics, cable, phone, natural gas and electrical. The rights granted herein prohibit the
encroachment of drainage swales or `208 structures' when they interfere with the utilization of such
easement strips by the serving utilities; changes in grade that alter coverage over installed facilities;
the installation of water meter boxes; the pavement of surface structures of brick, rock or masonry
that interfere with the rights granted herein; and the installation of street light poles unless installed
by the serving utility company. Utility companies shall also have the right to trim or remove trees,
bushes, and landscaping, without compensation, when they are situated within the easement strip.
This provision does not prohibit fences or any lateral crossings of the easement strips with domestic
water or sewer lines. If the applicant, or the applicant's subcontractor, ditches beyond the limits of
the platted easement strips shown hereon, the easement shall then be identified by the actual
physical location of the installed utilities."
C. Prior to or during on-site construction. the applicant shall comply with the following
requirements:
SPOKANE VALLEY COMMUNITY DEVELOPMEMNT DEPARTMENT-DEVELOPMENT
ENGINEERING DIVISION:
1. A pre-construction conference with Development Engineering is required prior to the start of
construction. The grading permit is to be taken out prior to scheduling the pre-con meeting with
proof of the permit issuance provided at the meeting. During this meeting, standards and submittal
requirements for the Construction Certification will be given to the project engineer/inspector.
2. For construction affecting a public right-of-way, at least 14 days prior to construction
securely post a sign at each ingress point to the project area. The sign shall be clearly visible from
the right-if-way and provide project construction details. See Section 9.7 of Street Standards.
3. Permits are required for any access to or work within the right-of-way of the Spokane Valley
roadway system. A traffic control plan shall accompany the right-of-way obstruction permit.
4. NOTICE - The Regional Pavement Cut Policy (County Standards, Technical Reference F)
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 at (509) 688-
0053 for further information.
HE Findings, Conclusions and Decision File No. SUB-02-11 Page 13
5. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to any
site work; and maintained throughout the duration of construction, and until the site has stabilized.
6. 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.
7. Construction within the proposed public streets and easements shall be performed under the
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.
8. 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 releasing
the performance surety or Final Plat approval.
9. Regarding sureties, the City only accepts Letters of Credit or Cash Savings Assignments.
SPOKANE REGIONAL CLEAN AIR AGENCY:
10. Dust emissions during demolition, construction and excavation projects must be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers or
suspension of activity during certain weather conditions.
11. Measures shall 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.
12. Debris generated as a result of this project shall be disposed of by means other than burning.
13. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
14. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspected carcinogen.
15. A notice of Construction and Application for Approval shall be submitted and approved by
SCAPCA prior to the construction, installation, or establishment of an air pollution source. This
includes emergency generators rated at 500 hp (375 kW) or higher, natural gas heating equipment
units rated at 4 MMBTU/hr or higher (input), and heating equipment units fired with other fuels
(e.g. diesel) rated at 1 MMBTU/hr (input) or higher. Contact SCAPCA for a Notice of Application.
16. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or asbestos
project. An asbestos survey must be done by an AHERA accredited building inspector prior to the
demolition or renovation of buildings to determine if asbestos-containing material is present at the
site. Contact SCAPCA for a Notice of Intent application.
HE Findings, Conclusions and Decision File No. SUB-02.11 Page 14
DATED this 18°i day of October, 2011
SPOKANE VALLEY HEARING EXAMINER
02/14.1 61.(24,74 .
Michael C. Dempsey, WSBA#8
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 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 land 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 SVMC 17.80.130(4), on October 18, 2011. The
date of issuance of the Hearing Examiner's decision is therefore October 21, 2011. THE
APPEAL CLOSING DATE IS NOVEMBER 14, 2011, counting to the next business day when
the last day for appeal falls on a holiday.
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 W. 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
Development Department-Planning Division, 11707 E. Sprague Avenue, Spokane Valley, WA,
99206; by contacting Marty Palaniuk 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-02-11 Page 15