SUB-04-09 Decision CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for the Preliminary Plat of Elliott's )
Addition to Vera, in the R-3 Zoning District; ) FINDINGS OF FACT,
Applicant: Brent Elliott ) CONCLUSIONS OF LAW,
File No. SUB-04-09 ) AND DECISION
I. SUMMARY OF DECISION,
'1 Hearing Matter: Application for a preliminary plat, in the R-3 zoning district.
Summary of Decision: Approve preliminary plat, subject to conditions. The preliminary plat
will expire on January 28, 2015, 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 Elliott's Addition to Vera, to
subdivide approximately 3.8 acres of land into 17 lots for single-family dwellings, including four
(4) lots for attached single-family dwellings; in the Single-family Residential Urban (R-3) zoning
district.
2. The site is located between and adjacent to Fourth and Sixth Avenues, approximately 260
feet east of Progress Road; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45231.1510,
45231.1511 and 45231.1512; and is legally described on the preliminary plat map of record. The
existing residences on the site are addressed at 15122 and 15208 E. 4`"Avenue.
4. The applicant is Brent Elliott; with a mailing address of 3306 W. Bruce Avenue, Spokane,
WA 99208. The site owners are Brent Elliott, Leverne Fullford and Juanita Riley-Fullford.
5. On October 12, 2009, the applicant submitted a complete application for the preliminary
plat to the City Community Development Department ("Department").
6. On December 11, 2009, the Department issued a Determination of Nonsignificance (DNS)
for the application, under Chapter 21.20 of the SVMC. The DNS was not appealed.
7. On January 21, 2010, the Hearing Examiner held a public hearing on the application. The
notice requirements for hearing were met. The Examiner conducted a site visit on January 18,
2010.
8. The following persons testified at the public hearing:
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 1
Lori Barlow, Assistant Planner Arnie Woodard
City Community Development Department 2511 S. Best Road
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99037
Spokane Valley, WA 99206
Walt Dale John DeLeo
1004 S. Atlantic Street P.O. Box 1269
Spokane, WA 99201 Spokane Valley, WA 99037
Melvin Bestide
15106 E. 4th Avenue
Spokane Valley, WA 99037
9. The Hearing Examiner heard the application pursuant to Chapter 18.20 of the Spokane
Valley Municipal Code (SVMC); and the Hearing Examiner Scheduling Rules and Rules of
Conduct, as codified in Appendix B of the Uniform Development Code(UDC), a part of the
SVMC.
10. The Hearing Examiner takes notice of the City Comprehensive Plan, SVMC; Spokane
County Standards for Road and Sewer Construction(adopted by City); other applicable
development regulations; and prior land use decisions in the vicinity.
11. 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.
12. The site is approximately 3.8 acres in size, rectangular in shape and relatively flat in
topography. The southerly boundary of the site is enclosed with chain-link fencing, and other
portions of the site are fenced with chain-link or rail fencing. See site photos. The site contains
numerous mature evergreen trees, a mix of deciduous trees, residential landscaping and grasses.
13. The north end of the site is improved with two (2) single-family dwellings, and associated I'
accessory structures; which are located on separate parcels, and access Fourth Avenue. The
remainder of the site is unimproved. The south end of the site is being used to stockpile debris
from road construction along Sprague Avenue in 2009.
F
14. The site abuts the terminus of Fifth Avenue on the west. The southwest corner of the site ,A
abuts the intersection of St. Charles Street and Sixth Avenue. The City recently vacated the right
of way for Fifth Avenue on the site, and abutting land to the east.
15. The preliminary plat map of record, submitted on October 12, 2009, illustrates two (2) lots
for the existing homes on the site; with respective lot areas of 8,712 square feet and 16,335
square feet, and frontages of 91 feet each. The map illustrates four(4)proposed lots for attached
single-family homes in the south end of the project; which lots range from 6,861 to 8,461 square
feet in size, and have frontages ranging from 57-77 feet.
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 2
16. The remaining 11 lots in the project range from 7,532 to 7,659 square feet in size, with
frontages ranging from 68-69 feet. The average lot size in the preliminary plat is approximately
8,200 square feet.
17. The map illustrates the proposed extension of an internal public road between Fourth and
Sixth Avenues, with a centerline located approximately 44 feet east of the centerline of St.
Charles Street to the south.
18. The map advises that the garages and other accessory buildings on the site would be
removed for site development. The applicant advised that the existing trees on the site that the
rnap shows are located within the right of way of the proposed internal road would be removed,
and the construction debris located on the site would be removed within a period of days. See
testimony of Arnie Woodard.
19. The site, and nearby land located south of Fourth Avenue, are designated in the Low
Density Residential category of the City Comprehensive Plan, and improved with single-family
dwellings. Such land is zoned R-3; except for two (2) lots zoned R-4 that are situated one (1) lot
If
west of the site, along the east side of Progress Road.
20. The land lying near the site to the north is designated in the Medium Density Residential
category of the Comprehensive Plan, zoned Medium Density Residential (MF-1), and developed
with single-family dwellings. Some multi-family and office uses are located within a distance of
500 feet to the east.
21. Adams Elementary School is found a few blocks southwest of the site, along Eighth
Avenue. Central Valley High School is located a few blocks southeast of the site, along the east
side of Sullivan Road.
22. The City Arterial Street Plan designates Fourth Avenue as a Collector Arterial; Adams
Road as a Minor Arterial; and Sullivan Road and Sprague Avenue as Principal Arterials.
Sprague Avenue, and Sullivan Road north of Sprague Avenue, are major transportation and
commercial corridors in the area.
23. Fourth Avenue is paved, but lacks curb and sidewalk adjacent to the site. Sixth Avenue in
the vicinity is a partial right of way that is paved, but lacks curb and sidewalk. The intersection
of Fourth Avenue and Progress Road is controlled by a 4-way stop sign.
24. The only public comments received regarding the application were submitted by Melvin
Bestide, who resides on a 16,000-square foot lot located two (2) lots and 130 feet west of the site;
at the southeast corner of the intersection of Fourth Avenue and Progress Road.
25. Melvin Bestide expressed concerns regarding lot size and the density of housing in the
project, increased traffic along Fourth Avenue and its intersection with Progress Road,
inconsistency of project with neighboring housing, and related concerns. See testimony of
Melvin Bestide. '"
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 3
it 26. The Staff Report prepared by the Department 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.
27. The Staff Report contains a thorough and accurate analysis of the consistenc... of the
P b Y consistency
preliminary plat with the requirements for approving new subdivisions set forth in Sections
20.20.090 and 20.20.100 of the SVMC.
28. The SVMC requires a minimum lot size of 7,500 square feet and a minimum lot width
(frontage)of 65 feet for a single-family dwelling in the R-3 district, a minimum lot size of 6,000
square feet and a minimum lot width (frontage) of 60 feet for a duplex dwelling in the R-3
district, and a minimum lot depth of 90 feet for both types of dwellings in the R-3 district. The
preliminary plat complies with such standards, as well as applicable setback standards. See
Table 19.40-1 in Section 19.40-1 of the SVMC, and Staff Report.
29. The Department properly found the single-family attached housing in the preliminary plat
to be subject to the standards for a duplex in the R-3 district, because the attached housing
represents a"duplex" divided by a common lot line. See Appendix A of UDC, definition of
"attached"and"dwelling, duplex", Staff Report and testimony of Lori Barlow.
30. 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.
31. 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.
32. Section 1.03 of the County Standards for Road and Sewer Construction, adopted by the
City by reference, addresses the design of road systems for new developments. See SVMC
22.130.040.
33. The above 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.
34. Chapter 3 of the Standards for Road and Sewer Construction establishes 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.
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 4
35. The 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.
36. The conditions of approval recommended by City Engineering require the applicant to
widen Fourth Avenue to 18.5 feet from centerline, dedicate 2.5 feet of land for right of way and a
border easement, and install curb, gutter, sidewalk and a swale along the frontage of the site.
Such conditions also require the applicant to dedicate approximately 14 feet of land in the south
end of the site, to provide a full width right of way along Sixth Avenue; and to install similar
frontage improvements along such road.
37. The conditions of approval recommended by City Engineering require the applicant to
improve the internal road in the preliminary plat to public street standards. This includes full
width paving to 28 feet; and curb, gutter, separate sidewalk and swale on both sides of the road.
The preliminary plat provided adequate connectivity to the surrounding City street system.
3 8. City Engineering did not require the applicant to submit a detailed traffic impact analysis
(TIA) for the preliminary plat, due to the relatively small volume of traffic that the project would
add to area intersections in the AM and PM peak hours.
39. The applicant did submit a trip distribution letter prepared on October 12, 2009 by Sunburst
Engineering, P.S., a qualified traffic engineering consultant. The analysis was reviewed and
accepted by City Engineering, which issued a certificate of transportation concurrency for the
project.
40. The trip distribution letter found that the project would add 15 additional vehicle trips in
the PM peak hour, 10 of these trips would be distributed into the development and five (5)would
be distributed out of the development, and 30% of such trips would be distributed between the
project and Progress Road along Fourth Avenue. This represents only 3.33 additional trips
passing through the intersection of Progress and Fourth to reach the project, and 1.5 additional
trips distributed from the project to such intersection; during the PM peak hour.
41. There is no competent traffic engineering evidence in the record indicating that the project
would have any significant adverse impact on the level of service (LOS) for transportation at the
intersection of Fourth and Progress Road, or drive the existing LOS at such intersection to a
failing level.
42. The intersection of Sullivan and Fourth Avenue to the east, which the traffic letter found
would receive 60% of the PM peak hour traffic from the project, is signalized and is expected to
function at a more than acceptable LOS B in 2011. LOS D is the minimum acceptable LOS for a
signalized intersection. See page 40-41 of Comprehensive Plan.
43. City Engineering properly issued a certificate of transportation concurrency for the project,
and properly recommended road conditions for the project.
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 5
1
44. Spokane County Fire District I submitted conditions of approval for the preliminary plat,
tivhich are incorporated into the conditions of approval in the Staff Report; but did not express
any concerns regarding the application.
45. 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.
46. County Utilities certified that public sewer is currently available to serve the project. See
certification dated 9-16-09. Vera Water and Power, and County Fire District 1, certified that
public water is available to serve the project at required levels. See certification dated 10-1-09.
47. 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.
48. Central Valley School District#356 submitted a letter dated November 23, 2009; in which
it advised that it did not see any issues between the project and the district's current facilities,
although it could not ensure that students in the project would attend the nearest school. The
district advised that the potential exists to transport students to schools in various areas of the
district; based on current enrollment growth rates, and the availability of facilities and student
enrollment"at that point in time".
49. The school district further stated in its letter that it could not presently guarantee room for
students from the proposed homes in the project. The district requested, based on the added
enrollment that would be generated by the project, that the City either postpone approval of the
project in accordance with the provisions of RCW 58.17.110, the State Growth Management Act
(GMA), and the County and City comprehensive plans, pending the availability of additional
school facilities; or condition approval of the project on the developer paying the City a per
dwelling unit fee "...equal to the district's eligibility for school impact fees."
50. The Comprehensive Plan does not adopt levels of service for public schools, and allows
each school district to adopt its own levels of service. See page 5 and 30 of Chapter 4 of
Comprehensive Plan.
51. The Comprehensive Plan provides current information regarding enrollment issues
involving Central Valley School District. The Plan advises that the district is experiencing a
period of high growth toward its eastern boundary; two (2) elementary schools located in the east
part of the district, lying a considerable distance east of the site, are currently over capacity; the
district's most urgent need is to add elementary school space in the east end of the district; and
the school district recently acquired two (2)properties in the east end of the district for a new
elementary school. See page 32 of Chapter 4 of Comprehensive Plan.
52. The school district did not appeal the DNS issued for the project. The site is not located in
the east end of the district, where capacity issues are greatest. Further, the district advised that it
could transport students within the district to keep up with current enrollment rates.
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 6
53. The district did not provide an adequate factual basis to support a finding that the district
will have insufficient capacity to accommodate the students in the project at the time of build
out, or to support a school mitigation fee imposed through a voluntary agreement under the
authority of RCW 58.17.110 and RCW 82.02.030.
54. The City Phase 1 Development Regulations do not require direct concurrency for schools or
parks. The City has not established a mechanism to collect school impact fees through a
voluntary agreement under RCW 82.02.030, or a CMA impact fee under RCW 82.02.050.
Under these circumstances, the Hearing Examiner lacks authority to condition or deny the
proposal based on insufficient school capacity.
55. The City Parks and Recreation Department did not comment on the project. The
Comprehensive Plan indicates that with the recent acquisition of 8.3-acres of land in the
Greenacres area of Spokane Valley, the City has adequate park capacity to meet the level of
service for parks adopted in the Comprehensive Plan. See page 6 of Chapter 9 of Comprehensive
Plan.
56. 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 was consistent with the Comprehensive Plan, and complied with the UDC and other
applicable development regulations.
57. The average lot size in the preliminary plat is somewhat smaller, and the residential density
in the preliminary plat is somewhat greater, than that for other nearby properties. However, the
Sun Meadows plat/PUD, which is located only 300 feet east of the site, along the west side of
Progress Road, has a higher gross density and smaller lot sizes than the current project.
58. The project is a fill-in development that is served by a high level of public services,
including public sewer and access to public transit; and is located relatively close to major
transportation and commercial corridors in the City.
59. The applicant submitted schematic drawings of attached housing in the project which
indicate that such housing would be aesthetically designed and reasonably fit in with the other
housing in the project; along with the single-story, and other housing designs, contemplated for
the other homes in the project. The expected pricing of the housing of the project is generally
consistent with that of neighboring homes. See testimony of Arnie Woodard, Walt Dale and
John DeLeo.
60. Certain minor changes should be made to the conditions of approval to ensure clarity and
compliance with the development regulations applicable to the project.
Based on the above findings of fact, the Hearing Examiner enters the following:
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 7
CONCLUSIONS OF LAW
1. Any finding of fact indicated above that is a conclusion of law shall be deemed such.
2. Pursuant to RCW 36.7013.030 and 36.7013.040, the 1-lcaring Examiner cannot question the
number of lots, lot sizes, lot frontages, lot depths, lot configurations, or proposed land uses in the
preliminary plat; since such features of the project comply with the development standards of the
R-3 zoning district and the SVMC.
3. The preliminary plat complies with the direct concurrency requirements set forth in Chapter
21.20 (Concurrency) of the SVMC.
4. The preliminary plat, 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.
5. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive
Plan and will serve the public use and interest.
6. 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 Section 20.20.100
of the SVMC.
7. The procedural requirements of the State Environmental Policy Act and Title 21
(Environmental Controls) of the SVMC have been met.
8. Minor changes are needed to certain conditions of approval, for formatting and clarification
purposes only.
9. 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 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 Examiner are italicized.
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 8
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.
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1 . The final plat shall be desi g ned in substantial con formance to the preliminary plat map
of record submitted on October 12, 2009, and shall have a maximum of seventeen (17)
residential lots and dwelling units; 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 Section 20.30.060 (Extensions of Time) of the SVMC, an application form
and supporting data for any time extension requests must be submitted to the Director at least
thirty (30) calendar days prior to the expiration of the preliminary plat approval.
3. Pursuant to Section 20.20.050 (Prohibition against sale, lease or transfer of property) of
the SVMC, any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that
does not conform to the requirements of the preliminary plat approval or that occurs without
approval, shall be considered a violation of Chapter 58.17 RCW, and shall be restrained by
injunctive action and shall be illegal, as provided in Chapter 58.17 RCW. Each sale, lease, or
transfer of each separate lot or parcel of land in violation of any provision of this ordinance shall
be deemed a separate and distinct offense.
4. Pursuant to Section 20.30.050 (Expiration of Preliminary Approval) of the SVMC, the
preliminary plat approval shall automatically expire on January 28, 2015, unless a time extension
is approved for the preliminary plat. If a request for an extension of time is not timely submitted
and approved, the preliminary approval will expire and the preliminary plat is null and void.
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. The proposed final plat shall comply with all submittal requirements specified in
Section 20.40 of the SVMC.
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 9
2. All accessory buildings, including garages, on the site that would result in violation of the
zoning setback or other land use requirements of the Spokane Valley Municipal Code, shall be
removed prior to the submittal of a proposed final plat. The Building Division of the Spokane
'Valley Community Development Department should be contacted to obtain the necessary permits
for demolition or removal of such structures. The contact telephone number is (509) 688-0036.
3. The final plat dedication shall state:
a. "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 law in effect at the time
of building permit application."
b. "Lots I and 2 of Block 2, and Lots 8 and 9 of Block 1, have been designed and
sized to meet the requirements for single-family attached development. Only
single-family attached development, with the common wall located along the
shared property line of the associated lots, shall be allowed on such lots. All
construction shall meet the applicable lot development standards in effect at the
time of building permit application."
4. Pursuant to Chapter 20.20.090(G) of the SVMC, prior to the filing of the final
subdivision the applicant shall improve or make appropriate provisions for the construction of
the public streets that provide access to lots being created through the subdivision, consistent
with appropriate City-adopted standards.
5. All fees for recording shall be paid by the applicant prior to recording. Notice of the feee
will be provided to the applicant at the appropriate time.
6. The full year of taxes for the current year shall be paid prior to the date of recording.
Evidence of the payment shall be provided in conjunction with the submittal of the proposed
final plat.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING DIVISION: &
7. Engineered grading permits, pursuant to Chapter 24.50 of the SVMC, shall be submitted,
and must be reviewed and accepted, prior to submittal of a proposed final plat.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
8. A Professional Engineer, licensed in the State of Washington, shall prepare required
engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic
studies, shared access driveway plans, etc.). The plans shall conform to the Spokane County
Standards for Road and Sewer Construction, 2001 Edition(or as amended), the 2008 Spokane
Regional Stormwater Manual (or as amended), the City of Spokane Valley Uniform
Development Code (SVMC), and all other federal, state and local regulations, as applicable.
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 10
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9. Frontage improvements are required on Fourth and Sixth Avenues, as follows:
a. Fourth Avenue is designated as a Collector Arterial street. Frontage
improvements include 18.5 feet of asphalt width from road centerline, Type 13
curb and gutter(2 feet), a 10-foot roadside swale, and a 5-foot sidewalk. The total
width of improvements is 35.5 feet. The current right-of-way is 40 feet, with one-
half(%2) of the right-of-way being 20 feet, The minimum one-half('/2) right-of-
way width, which is two (2) feet behind back of curb, is 22.5 feet. A right of way
dedication of 2.5 feet, and a border easement of 13 feet that extends from the
right-of-way to the back of sidewalk, is required. This shall be referenced in the
final plat dedication and designated on the final plat map. The right-of-way
dedication and border easement width was determined assuming that the center of
the street coincides with the center of the right of way. The applicant shall
confirm the right of way location and width(s). Note: Building setbacks begin at
the edge of the border easement.
b. Sixth Avenue is designated as a Local Access street. Frontage improvements
include 15 feet of asphalt width from road centerline, Type B curb and gutter(2
feet), a 10-foot roadside swale, and a 5-foot sidewalk. The total width of
improvements is 32 feet. The current right-of-way is approximately 24 feet and is
not centered. The minimum one-half('/2) right-of-way width, which is measured
from centerline to two (2) feet behind the back of curb, is 19 feet. A right of way
dedication totaling 19 feet from centerline, and a border easement of 13 feet that
extends from the right-of-way to the back of sidewalk, is required. This shall be
referenced in the final plat dedication and designated on the final plat map.
Frontage improvements shall extend along the entire width of the subdivision and
shall not stop short of the property lines. Pavement striping is required to identify
tapering from existing pavement (west and east of the subdivision) to the widened
pavement and curb in front of the subdivision. The applicant shall confirm the
right of way location and width(s). Note: Building setbacks begin at the edge of
the border easement.
4£
10. The internal street, St. Charles Street, shall be designated and designed as a public street.
This includes 28 feet of asphalt; and Type B curb and gutter(2 feet), a 10-foot roadside swale,
and a 5-foot sidewalk on each side. The total width of improvements is 62 feet. This requires 36 f
e
feet of right of way dedication and 13-foot border easements on each side. This shall be
referenced in the final plat dedication and designated on the final plat map. Note: Building
setbacks begin at the edge of the border easement.
11. The applicant shall provide street name signs, stop signs,pavement markings, and all
other necessary permanent traffic control measures for all newly created streets. The location of F:
signs shall be called out on the civil plans.
12. In accordance with Section 19.40.020 (Residential Standards) of the SVMC, all
residential driveways shall be paved prior to final plat approval. Off-street parking areas are
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 11
required to be paved at the time of development. Paving for driveways shall conform to the
following requirements:
i. Driveways 150 feet or less in length shall be constructed to City of Spokane Valley
standards. A letter is required from the contractor building the driveway that
certifies the standards are met.
ii. Shared access driveways, those serving two or more lots, require an engineered
design.
iii. Driveways over 150 feet in length require an engineered design and a soils report
(SVMC Section 24.50.060).
iv. Driveways with areas over 5,000 square feet require stormwater treatment(SVMC
Section 22.150.060), and require an engineered design.
13. The driveway approach design shall follow the 2001 Spokane County Road and Sewer
Standards, or as amended. If an existing approach is to be altered or abandoned, the unused
portion of the original approach shall be removed and replaced with curb, gutter and sidewalk
matching that which is adjacent.
14. All stormwater facilities are to be designed in accordance with the Spokane Regional
Stormwater Manual (SRSM). Linear roadside stormwater facilities, such as swales, shall be
located within the right of way and/or border easements, when they are adjacent to public streets
or within a tract or easement that is adjacent to a private road or driveway serving more than one
(1) lot. Other stormwater facilities, such as ponds (especially consolidated ponds that receive
runoff from more than 1 lot), shall be located within a common area tract (See Section 11.2 of
SRSM).
15. A thorough search for all survey monuments shall be conducted. Any found monuments
shall be referenced on the civil plans and/or final plat.
16. A landscaping plan that shows the landscaping proposed to be placed in vegetated
stormwater facilities, such as channels, ditches, swales, ponds, etc., must be submitted with the
site construction plans for review.
17. A Temporary Erosion and Sedimentations Control (TESC)plan shall be prepared and 1
i
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submitted with the site construction plans and cover all construction activities for the
r
improvements proposed in these plans.
r'
18. The final plat shall show all utility easements (i.e. Telephone, power, etc.). The permittee f ii
is responsible for arranging for all necessary utility adjustments, relocations, or improvements as
required for completion of the project. The developer 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 outside the clear zone. Such clear zone requirements are
found in the 2001 Spokane County Road and Sewer Standards, or as amended.
I
19. If sewer and/or water needs to be brought to the properties, and to do this requires an f
Engineering design, copies of the approved sewer and water plans shall be submitted to
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 12
Development Engineering. The civil plans for the project arc required to show the extents of
pavement removal and replacement,
20. All new dry wells and other injection wells must be registered with the Underground
Injection Control program (UIC) at Department of Ecology prior to use and 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 UIC staff at UIC Program, Department of
Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or contact:
lltt�://www.ec .wa._ov/ero_rams/w /2rndwtr/uic/re istrafUon/r4 in lb him: for registration
forms and further information. Copies of the registration for drywells, which receive public road
stormwater runoff, are to be sent to Development Engineering. The City of Spokane Valley
NPDES Permit Number is WAR04-6507.
21. A Construction Stormwater Permit shall be obtained from the State Department of
Ecology, if both of the following two (2) conditions apply:
a. The construction project disturbs one (1) or more acres of land (area is the
cumulative acreage of the entire project whether in a single or multiphase project),
and
b. There is a possibility that stormwater could run off the site during construction,
and into surface waters or into conveyance systems leading to surface waters of
the state.
Construction site operators must apply for a permit 60 days prior to discharging
stormwater. More information can be obtained from
http://www.ecy.wa.gov/programs/wq/stormwater/construction/
22. The review of civil plans and supporting documents cannot proceed until 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.
23. Plans and calculations submitted for review shall be comprehensive,per Standards (e.g.
sheet size), and have gone through an independent in-house review. While it is recognized that
minor errors and omissions will occur, if at the commencement of review the documents do not
appear to be adequate for determining compliance with requirements, or that previous comments
have not been addressed, the documents will be returned. Copies of the checklist that used to
review and assess completeness will be provided, upon request of the Project Engineer.
24. Right-of-way dedication and border easements shall be designated on the final plat map.
25. Plat language will be determined at the time of final plat submittal. The a pp licant shall
contact Development Engineering after civil plan approval and/or prior to first submittal of final
plat to obtain plat language.
SPOKANE COUNTY FIRE DISTRICT 1 ("SPOKANE VALLEY FIRE DEPARTMENT"):
26. Addresses shall be posted so they are visible form St. Charles Street during and after
construction. An arrow shall be used to indicate the direction of the addressed property.
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 13
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27. One (1) new fire hydrant shall be installed at the corner of Sixth Avenue and St. Charles
Street (northeast or northwest corners).
28. 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 cleared area around the hydrant of not less than 36 inches as measured
from the outside edge of the barrel or outlet ports, whichever is greater; for clearance of a hydrant
wrench on both outlet and the control valve.
29. All fire hydrants shall have a minimum of three (3) outlets, including one 4-1/2 inch
inside diameter pumper outlet and two 2-1/2 inch inside diameter outlets. The threads on all
outlets shall be National Standard Thread(NST).
30. The pumper 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 authority.
31. The applicant shall provide a water plan showing the location of the required hydrant and
the size of the water main.
SPOKANE COUNTY DIVISION OF UTILITIES:
32. 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 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."
33. The appropriate General Facilities Charges (GFCs) will be assigned to the development
by the Division of Utilities and must be paid.
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34. The applicant shall submit expressly to Spokane County Division of Utilities, under r
separate cover, only those plan sheets showing sewer plans and specifications for the public E
sewer connections and facilities for review and approval. Commercial developments shall
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submit historical and or estimated water usage as part of the sewer plan submittal.
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35. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
36. 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.
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37. Security shall be submitted to the Division of Utilities prior to approval of the Sewer
Design Plans. i
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 14
38. Any water service for this project shall be provided in accordance with the Coordinated
Mater System Plan for Spokane County,as amended.
SPOKANE REGIONAL HEALTH DISTRICT:
39. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
40. Appropriate utility easements shall be indicated on copies of the preliminary plat of
record for distribution by the Planning Department to the utility companies, Spokane Valley
Engineer, and the Spokane Regional Health District.
41. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
42. Water service shall be coordinated through the Director of Utilities, Spokane County.
43. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
44. 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.
45. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
46. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. Said water plan must have been
approved by the fire protection district and the appropriate health authorities. The health f"
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 the plan is in conformance with their
requirements and will adequately satisfy their respective needs. Said water plan and certification
will be drafted on a transparency suitable for reproductions.
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47. The purveyor shall also certify prior to filing the final plat on a copy of said water plan r['.
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. The time schedule
will provide, in any case, for completion of 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 City of Spokane Valley, Spokane Regional Health
District, and the purveyor harmless from claims by any lot purchaser refused a building permit F
due to failure of the plat sponsor to satisfactorily complete the approved water system.
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Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 15
48. A public sewer system shall be made available for the plat and individual service will
provide to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
49. 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."
50. The final plat dedication shall state: "Use of private wells and water systems is
prohibited."
51. The final plat dedication shall state: "The public water system, pursuant to the Water Plan
approved by Regional and State health authorities, the local fire protection district, 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."
VERA WATER AND POWER:
52. A water plan shall be prepared.
53. The utility easement shall be dedicated without restrictions to water meters and water
lines.
C. Prior to or during on-site construction, the applicant shall comply with the following
requirements:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-PLANNING
DIVISION:
1. Upon any discovery of potential or known archaeological resources on the site prior to
or during construction, the applicant and its contractors shall immediately cease all on-site
construction, shall act to protect the potential historical or cultural resources area from outside
intrusion, and shall note the City Community Development Department of such discovery
within a maximum period of 24 hours from the time of discovery.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
2. A pre-construction conference with Development Engineering is required prior to the
start of construction. During the meeting, standards and submittal requirements for the
Construction Certification will be given to the project engineer/inspector.
3. If construction affects a public right-of-way, a sign providing construction details shall be
securely posted at each ingress to the project area at least 14 days prior to construction. The sign
shall be clearly visible from the public right-of-way.
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 16
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4. Permits are required for any access to or work within the City of Spokane Valley public
roadway system. A traffic control plan is required.
5. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the
start of site work and maintained throughout the duration of construction and until the site has
stabilized.
6. All survey monuments shall be protected during constructed. 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 direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All
work is subject to inspection by the City Senior Engineer or by his/her 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.
SPOKANE REGIONAL CLEAN AIR AGENCY:
9. Dust emissions during demolition, construction, and excavation projects shall 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.
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10. 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.
11. Debris generated as a result of this project shall be disposed of by means other than
burning.
12. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
13. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspected carcinogen.
14. A Notice of Construction and Application for Approval shall be submitted and approved
by Spokane Clean Air 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 Spokane r
Clean Air for a Notice of Application.
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 17
15. A Notice of Intent shall be submitted to Spokane Clean Air prior to any demolition project
or asbestos project. An asbestos survey must be done by an Al-IERA accredited building
inspector prior to the demolition or renovation of buildings to determine if asbestos-containing
material is present at the site. Contact Spokane Clean Air for a Notice of Intent application.
16. All other applicable air quality regulations shall be met.
VJASHINGTON STATE DEPARTMENT OF ECOLOGY
17. The requirements contained in the letter dated November 25, 2009 from Terri Costello of
the Department of Ecology to Lori Barlow of the City of Spokane Valley Community
Development Department shall be complied with.
DATED this 28th day of January, 2010
CITY HEARING EXAMINER PRO TEM
Mich el C. Dempsey, WSBA ' t
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), 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 Section 17.80.130(4) of the SVMC, on
January 28,2010. The date of issuance of the Hearing Examiner's decision is February 1,
2010, counting the next business day. THE APPEAL CLOSING DATE IS FEBRUARY 22
2009.
The complete record in this matter, including this decision, 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 8:30 a.m. and 5:00 p.m. After the appeal period, or if transferred sooner than the
expiration of the appeal period, the file may be inspected at the City of Spokane Valley
Department of Community Development-Planning Division, 11707 E. Sprague Avenue,
Spokane Valley, WA, 99206; by contacting Lori Barlow at(509) 921-1000. Copies of the
Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 18
documents in the record will be made available at the cost set by the City of Spokane
"Valley.
Pursuant to RCW 36.7013.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
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Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 19