Loading...
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 4 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 �o 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 j 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. i 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 r submit historical and or estimated water usage as part of the sewer plan submittal. l 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. l f 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. i 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. r i F s 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 I 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. 1 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. 1 Hearing Examiner Findings, Conclusions and Decision File No. SUB-04-09 Page 19