SUB-05-08 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Preliminary Plat of Foster-McDonald Road, )
in the R-3 Zoning District; ) FINDINGS OF FACT,
Applicant: Whipple Consulting Engineers, Inc. ) CONCLUSIONS OF LAW,
File No. SUB-05-08 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the R-3 zoning district.
Summary of Decision: Approve preliminary plat, subject to conditions. The preliminary plat
will expire on September 21, 2014, 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 Foster-McDonald Road, to
subdivide 8.34 acres of land into 28 lots for single-family dwellings; in the Single-family
Residential Urban (R-3) zoning district.
2. The site is located along the west side of McDonald Road, approximately 800 feet north of
Wellesley Avenue, and approximately 1,000 feet south of Sanson Avenue; in Spokane Valley,
Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 46343.9001 and
46343.9028; and is legally described on the preliminary plat map of record. The residences
located on the property are addressed at 5105 and 5021 N. McDonald Road.
4. The applicant is Whipple Consulting Engineers, Inc.; addressed at 2528 N. Sullivan Road,
Spokane Valley, WA 99216. The site owners are Gary Lewis, addressed at P.O. Box 958,
Newman Lake, WA 99025; and Jeff and Bonnita Foster, addressed at 10221 174th Avenue NE,
Granite Falls, WA 98252.
5. The application was submitted on December 30, 2008. On February 19, 2009, the
application met the requirements of the Spokane Valley Municipal Code (SVMC) for a complete
application. On May 14, 2009, the applicant submitted a revised preliminary plat map.
6. On May 26, 2009, the City Community Development Department approved a boundary line
adjustment to create the current parcels that make up the site. This changed the ownership of a
portion of the site, but not the boundaries of the site.
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7. On July 10, 2009, the City Community Development Department issued a Determination of
Nonsignificance (DNS) for the application, under Chapter 21.20 of the SVMC. The DNS was
not appealed.
8. On August 20, 2009, the Hearing Examiner held a public hearing on the application. The
Examiner conducted a site visit on August 19, 2009.
9. The following persons testified at the public hearing:
Karen Kendall and Greg McCormick Alysa Wiyrick
City Community Development Department City Public Works Department
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Todd Whipple Charles Barr
Whipple Consulting Engineers, Inc. 5102 N. McDonald Road
2528 N. Sullivan Road Spokane Valley, WA 99216
Spokane Valley, WA 99216
Diane Doran Barbara Larson
5219 N. McDonald Road 5120 N. McDonald Road
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Ane Smith Herman Leestma
12919 E. Sanson 12910 E. Sanson
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Julie Dunham Jaymes Lyonnais
E. 12903 Wellesley Avenue 5205 N. McDonald Road
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Jeff Foster
10221 174th Avenue
Granite Falls, WA 98252
10. The Hearing Examiner heard the application pursuant to Chapter 18.20 of the SVMC, and
the City Hearing Examiner Rules of Procedure (Appendix B of Uniform Development Code, in
SVMC).
11. The applicant submitted a revised preliminary plat map at the hearing, prepared on August
14, 2009. The revised map modified the boundaries and sizes of Lots 11-13 and 15, to allow
Lots 13 to meet the minimum lot size of the R-3 district; and made minor corrections to the lot
areas listed for several other lots. See Exhibit 15 submitted at public hearing.
12. The revised map did not alter the outer boundaries of the site, number of lots in the
preliminary plat, access for the preliminary plat, or impacts of the preliminary plat.
HE Findings, Conclusions and Decision SUB-05-08 Page 2
13. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan, the
SVMC, the City Standards for Road and Sewer Construction, and other applicable development
regulations; and prior land use decisions in the vicinity.
14. 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.
15. The site is approximately 8.34 acres in size, irregular in shape, and relatively flat in
topography. Two (2) residences are situated in the east end of the site, near McDonald Road; on
proposed Lots 14 and 15, respectively. A barn, detached garage and mobile home structure
associated with the residences are also located in the east end of the site.
16. Grass, residential landscaping, and several mature trees are situated around the site
improvements, in the east end of the property. The westerly two-thirds (2/3) of the site generally
consists of open fields surrounded by wire fencing.
17. The revised preliminary plat map submitted at the public hearing is considered the
preliminary plat map of record. The map illustrates 28 lots ranging from 7,502 to 16,246 square
feet in size, with an average lot size of approximately 11,435 square feet. Lot frontages (widths)
range from 65-88 feet.
18. The map illustrates a public road (Olympic Avenue) with a paved width of 30 feet,
sidewalk and curb on both sides, and adjoining border easements, extending from McDonald
Road at the northeast corner of the site. The road is shown curving to the southwest and then
west through the preliminary plat, and terminating in a cul-de-sac located 28 feet from the west
border of the preliminary plat.
19. The map illustrates a public road(Woodlawn Street) with a paved width of 30 feet,
sidewalk and curb on both sides, and adjoining border easements, extending south from proposed
Olympic Avenue to within nine (9) feet of the south border of the preliminary plat.
20. The map illustrates a 24-foot wide private driveway and utility easement, containing a 20-
foot wide paved driveway, and a turnaround at its north end, extending north from proposed
Olympic Avenue to within 12.5 feet of the north border of the northerly extension of the
preliminary plat, and approximately two (2) feet from the west border of such portion of the
project.
21. The map advises that the detached garage, barn and mobile home will be removed for site
development; but the existing residences will remain.
22. The site, the land lying south and east of the site, and the land lying between the site and
Sanson Road to the north, are designated in the Urban Growth Area(UGA), designated in the
Low Density Residential category of the City Comprehensive Plan, and zoned R-3. Such land
HE Findings, Conclusions and Decision SUB-05-08 Page 3
consists of single-family homes and/or agricultural uses, or vacant land, on lots or parcels
ranging from .34 acres (14,850 square feet) to seven (7) acres in size.
23. The land lying westerly of the site, and the land lying northerly of Sanson Road, is located
outside the city limits, designated outside the UGA designated by the County, and zoned Urban
Reserve (UR)by the County. Such land generally consists of single-family homes and associated
agricultural uses on larger acreage parcels.
24. The UR zone of the County Zoning Code is intended for lands located outside the UGA
that are preserved for urban development in the long term, and contains development standards
and incentives so that land uses established in the near future do not preclude their eventual
conversion to urban densities. See County Hearing Examiner decision in File No. PE-1971-05,
submitted as Exhibit#25 by Examiner at public hearing.
25. The maximum residential density permitted in the UR zone of the County Zoning Code is
one(1) dwelling unit per 20 acres, and the minimum lot size is 20 acres; outside of a"rural
cluster development".
26 Within a rural cluster development in the UR zone, the maximum density is one (I)
dwelling unit per five (5) acres, and lots must range from 10,000 square feet to one (1) acre in
size. Rural cluster developments are required to preserve 70-85%of their area in open space, for
future urban development, when the underlying land is eventually included in the UGA; and
meet certain other requirements.
27. On April 12, 2006, the County Hearing Examiner approved a preliminary plat, and rural
cluster development, in the UR zone; to divide approximately 32 acres located approximately
one-fourth (1/4) mile northeast of the site, along the north side of Sanson Avenue, into five 1-
acre lots for single-family dwellings, and a 27-acre remainder parcel improved with an existing
residence. See Exhibit#25.
28. A drainage way/seasonal stream extends southwesterly through the area lying west of the
site,and eventually flows under Upriver Drive into the Spokane River. The drainage way lies
over 200 feet from the site at its closest points, down a relatively steep embankment that drops
off toward the drainage way several feet west of the site. See 2008 aerial photo, testimony of
Todd Whipple, p. 2 of Exhibit 22 submitted at public hearing, and City Critical Areas maps.
29. City Critical Areas maps designate the drainage way as a DNR Type F stream, which
stream type has a maximum possible riparian buffer of 130 feet under Section 21.40.030 of the
SVMC.
30. Plantes Ferry Park, a large county park improved with soccer and softball fields, is located
approximately one-half(1/2) mile west of the intersection of McDonald Road and Wellesley
Avenue, southwest of the point where Wellesley Avenue merges into Upriver Drive near the
Spokane River.
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31. Myrtle Park, a county park with a trailhead to the regional Centennial Trail, is located
approximately three-fourths (3/4) southwest of the site, between the river and 1,lprivcr Drive.
fi 32. The Arterial Street Plan in the Comprehensive Plan designates Wellesley Avenue in the city
limits as a Minor Arterial; McDonald Road, south of Wellesley Avenue, as a Collector Street;
and Evergreen Road and Forker Road in the city limits to the northeast as Minor Arterials.
Sanson Avenue, and McDonald Road north of Wellesley Avenue, are Local Access streets.
33. McDonald Road is paved to a short distance south of Sanson Avenue, where it becomes a
gravel road north to Sanson Avenue. Sanson Avenue consists of a gravel road. McDonald Road
lacks sidewalk and curb. The north side of Wellesley Avenue, between Evergreen Road and
Sullivan Road to the east, is improved with curb and sidewalk. The sidewalk is utilized by
students walking to the public schools located some distance east of Evergreen Road.
34. Wellesley Avenue and Upriver Drive, outside the city limits to the northwest, are
designated as Urban Minor Arterials by the County. Trent Avenue, a multilane state highway, is
located approximately one-half(1/2) mile south of Wellesley Avenue; along McDonald Road.
35. Several neighboring property owners expressed opposition to the application. This
included concerns regarding lot sizes, density, compliance with the zoning and subdivision
standards of the SVMC, conflicts with neighborhood character, quality of life, lowered property
values, loss of water pressure, increased water and sewer costs, dust impacts along gravel roads,
increased traffic, traffic congestion at the un-signalized intersection of McDonald Road and
Wellesley Avenue, inadequate fire access, lack of sidewalks along McDonald Road and
Wellesley Avenue, location of proposed public road in project along McDonald Road, car
headlight impacts to neighboring residence, trespass onto private property, increased noise,
impacts on school capacity, and drainage impacts to the seasonal stream located to the west.
36. The Staff Report contains a thorough and accurate analysis of the consistency of the
p g Y Y
application with applicable policies of the Comprehensive Plan, and found the application to be
consistent with such policies.
37. The Staff Report thoroughly analyzes the consistency of the preliminary plat with the
requirements for approving new subdivisions set forth in Sections 20.20.090 and 20.20.100 of
the SVMC.
38. The Staff Report was submitted before the applicant amended the preliminary plat map on
August 14, 2009. The Staff Report, as revised at the public hearing, correctly found that the
preliminary plat map of record complies with the zoning standards of the R-3 district; although it
erroneously states that the preliminary plat contains 29 lots, instead of the correct number of 28
lots.
39. The "width" of a lot under the SVMC is measured at the front building line. See definition
of"lot" in Appendix A of UDC. The lots in the preliminary plat are of proper width.
HE Findings, Conclusions and Decision SUB-05-08 Page 5
40. Charles Barr and Nancy Barr, who reside across McDonald Road from the site, contended
that proposed Olympic Avenue should be called a"court"and not an "avenue", based on Section
1.16(5) of the County Road Standards that the City have adopted by reference in the
UDC/SVMC. See Exhibit 23.
41. While the Barrs' contention appears correct under the UDC, Spokane County Fire District 1
requested that such road be called"Olympic Avenue". The fire district may have such authority
under the fire code provisions adopted by the UDC. This issue can be resolved prior to final plat
approval, and is not a significant issue regarding the approval of the application. See City
Development Engineering condition 414 on p. 11 of Staff Report.
42. Sections 19.40.050 and 20.20.010 of the SVMC, cited by neighboring property owners, are
purpose and intent statements that do not control over the development standards set forth in the
UDC.
43. Charles and Nancy Barr alleged that the Fire District 1 on March 17, 2008 commented that
the width of the private driveway in the preliminary plat was too narrow, did not have the
required easements, and served too many lots.
44. Such alleged comments by the fire district, if submitted, predate the submittal of the
application and the preliminary plat map of record, are not found in the record, and are
superseded by the conditions of approval submitted by the district on March 11, 2009.
45. The Bans' concerns regarding the private driveway were also effectively rebutted at the
hearing by City staff and the applicant's consulting engineer. The City will not allow the private
driveway to serve more than three (3) lots. See Exhibit 22, p. 5; testimony of Todd Whipple and
Karen Kendall, and City Engineering condition#13 on p. 11 of Staff Report.
46. The location of proposed Olympic Avenue along McDonald Road is appropriate and
reasonable. The headlights from cars approaching McDonald from Olympic Avenue will not
show directly into the windows of the Barr residence, although they may shine briefly on the
residence for cars turning south. Such impacts will be buffered by trees in the Barr front yard.
47. If the new road was relocated to the southeast corner of the site along McDonald Road, the
headlight impacts to a different residence located across the street would appear to be more
direct. The site owner offered to work with the Bans to help mitigate the impacts from car
headlights. See 2008 aerial photo in Exhibit 17, p. 4 of Exhibit 22, testimony of Karen Kendall,
and testimony of John Foster.
48. The extension of Woodlawn Street to its current location in the preliminary plat is proper,
since the road can be extended to the south as the area develops. It is not possible to extend the
road further at the current time. See p. 5 of Exhibit 22.
49. As recommended by Section 20.20.090(3) of the SVMC, the block dimensions for the
preliminary plat reflects due regard for the needs of convenient access, public safety,
HE Findings, Conclusions and Decision SUB-05-08 Page 6
1
connectivity, emergency vehicle access, topography, road maintenance, and the provision of
suitable sites for the land use planned.
50. As required by Section 20.20.090(3) of the SVMC, the street alignments in the preliminary
plat will 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.
51. Section 1.03 of the County Road Standards adopted by the City address the design of road
systems for new developments. Such standards recommend the provision of adequate vehicular
and pedestrian access to all parcels of land, minimizing through traffic movements and excessive
speeds on local access streets, logical street patterns, minimizing vehicular and pedestrian-
vehicular conflict points, considering traffic generators in designing a street system in a proposed
development, and considering bordering arterial routes. The project generally complies with
such recommendation.
52. The County Road Standards establish standards for the construction of new access roads,
and the reconstruction of existing access roads; and grants the City Engineer discretion in
prescribing the actual roadway section required based on a number of factors, and to approve
design deviations in appropriate circumstances. See Road Standards, Chapter 3.
53. The City Road Standards require the construction of curb, gutter and sidewalk along the
public road frontage of new developments within urban land use zones.
54. The City Engineering conditions of approval for the current application are consistent with
the County Road Standards. This includes frontage improvements along McDonald Road,
including widening of the road, curb and sidewalk; and improvement of the internal public roads
in the preliminary plat to City standards, including the installation of curb and sidewalk.
55. County Fire District 1 and City Engineering found fire access for the project to be adequate,
through the conditions of approval submitted by such agencies. Neighboring property owners
did not submit competent evidence to rebut such expert opinions.
56. As pointed out by the Barrs, the property lines at the intersection of private driveway and
Olympic Avenue in the preliminary plat are required to curve and conform generally to the curb
line in a manner approved by the City, since the driveway exceeds 150 feet in length. See SVMC
20.20.090(2)(b)(iii).
57. The preliminary plat shows some curvature at the subject intersection, which may be
acceptable to City Engineering. City Engineering condition#18 on page 11 of the Staff Report
requires the design of driveway approaches in the preliminary plat to follow the 2001 County
Road Standards, which do not address the curvature. A condition of approval should be added to
ensure compliance with SVMC 20.20.090(2)(b)(iii).
HE Findings, Conclusions and Decision SUB-05-08 Page 7
58. City Engineering condition #13 requires a physical barrier to be constructed parallel to the
private driveway along the entire length of proposed 1,ot 22 and 18; to prevent such abutting lots
from accessing the private driveway, which is limited to serving proposed Lots 19-21.
59. Jaymes Lyonnais, the owner of a 5-acre parcel that abuts the west portion and the northerly
extension of the site on the north, expressed concern that future residents in the project would use
the private driveway in the preliminary plat to access the private driveway/road on his property
that extends west through his property from McDonald Road.
60. The private driveway in the preliminary plat would extend to within 12.5 feet of the north
boundary of the site, and be located approximately 32.5 feet from the private driveway/road on
the Lyonnais property. See preliminary plat map.
61. The applicant offered to fence the site to prevent vehicles from the project from accessing
the private driveway/road on the Lyonnais property. See testimony of Todd Whipple. A
condition of approval should be added that requires the applicant to take reasonable steps to
prevent vehicles from the project from accessing the Lyonnais private driveway/road.
62. The applicant, a private engineering firm, submitted a traffic impact analysis (TIA) for the
application on June 9, 2009; which was accepted by City Engineering. This included the analysis
of certain key intersections in the area identified by the City, i.e. McDonald Road and Wellesley
Avenue, and McDonald Road and proposed Olympic Avenue, in the PM peak hour.
63. The applicant took traffic counts on May 7 (Thursday) and May 11 (Monday) of 2009,
during the AM and PM peak hour. The TIA found that the project would generate 28 vehicle
trips in the AM peak hour and 32 vehicle trips in the PM peak hour,
64. The TIA found that 10% of the vehicle trips associated with the project would go to and
from Forker Road to the north, via Sanson Avenue; 30% of the trips would go to and from
Wellesley Avenue to the west; 30% of the trips would go to and from Wellesley Avenue to the
east; and the remaining 30% of the trips would go to and from Trent Avenue to the south.
65. The TIA found that the intersection of McDonald Road and Wellesley Avenue currently
functions at Level of Service (LOS) A during the critical PM peak hour, which is the highest
LOS rated by the City for an un-signalized intersection. The TIA also found that the intersection
would function at LOS A during the PM peak hour in 2010, without the project.
66. The TIA found that the intersection of McDonald and Wellesley would function at LOS B
in 2010, with the project and other increases in background traffic; and that the intersection of
McDonald and Olympic Avenue would function at LOS A in 2010, with the project. The
applicant anticipates finalizing and developing the preliminary plat by 2010, if approved.
67. The TIA found that the intersection of McDonald and Wellesley would function at LOS B
in 2015, with the project and increases in background traffic; and that the intersection of
McDonald and Olympic Avenue would function at LOS A in 2015, with the project. The City
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requested that the applicant evaluate the LOS in 2010, based on a typical 5-year build-out
assumed for preliminary plats.
68. Under the County Road Standards adopted by the City, the minimum acceptable LOS for
an un-signalized intersection is LOS E. The TIA establishes that the project will have little
adverse impact to the LOS at the subject intersections at the time of build-out, and the LOS at the
intersections will remain or be at very high levels at the time of project build-out.
69. City Engineering properly certified that the project met the transportation concurrency
requirements of the SVMC. The TIA indicates that the project will not have any adverse impacts
on traffic safety at the study intersections.
70. Neighboring property owners submitted anecdotal evidence regarding congestion at the
intersection of Wellesley Avenue and McDonald Road; including the difficulty of crossing and
making turning movements on Wellesley during the PM peak hour on Fridays, and on Saturdays
and Sundays when peak traffic to and from the ball fields located at Plantes Ferry park occurs
along Wellesley Avenue.
71. Neighboring property owners also expressed concern regarding the use of McDonald Road
and Sanson Avenue as a short cut between Wellesley Avenue and Forker Road; the potential use
of such roads as a short cut between Wellesley Avenue and Sullivan Road, after the County
improves Bigelow Gulch Road to the north in the next few years; and dust impacts along the
graveled portion of McDonald Road and unpaved Sanson Avenue.
72. Neighboring property owners did not submit competent evidence, of a traffic engineering
nature, that would support a finding that the TIA was not prepared properly, City Engineering's
acceptance of the TIA was incorrect, the project would degrade the LOS at the intersection of
Wellesley and McDonald Road to a failing LOS during the PM peak hour, the project would
have a significant adverse impact on traffic or pedestrian safety, or the conditions of approval
submitted by City Engineering and Fire District 1 fail to make appropriate provisions for streets
and fire safety.
73. The record indicates that in 2010 the City/County will pave and extend public sewer in
Sanson Avenue and McDonald Road. This will resolve the dust issues associated with traffic
generated along such roads. See testimony of Todd Whipple.
74. County Utilities and Trentwood Irrigation District#3 respectively certified the availability
of sewer and water for the project, as conditioned, at the time of build-out. 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 sewer and water concurrency
requirements of the SVMC have been met.
75. Neighboring property owners did not submit competent evidence that the project would
have any significant adverse impact on water pressure in the area. The extension of public sewer
and water is appropriate for the area, considering the neighboring land in the city is located inside
the UGA.
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76. The applicant provided un-rebutted evidence that the project would make appropriate
provisions for stormwater, not discharge any increase amount of stormwater from the site,
provide for the proper treatment of stormwater in grassed percolation areas before it being
infiltrated into the ground, and the stormwater generated by the project would not adversely
impact the drainage way/seasonal stream located to the west or neighboring properties. See
testimony of Todd Whipple, and environmental checklist submitted by applicant.
77. The project complies with the riparian buffer requirements for the DNR Type 5 stream
designated west of the site, under the critical area sections of the SVMC.
78. The UDC 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.
79. East Valley School District was contacted regarding the project, but did not submit any
comments or concerns.
80. The Spokane Tribe of Indians commented that the site and area do not contain any known
historical or cultural resources. A condition of approval should be added that if such artifacts are
found, the City be promptly notified and construction in the area stop.
81. 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.
Based on the above findings of fact, the Hearing Examiner enters the following:
CONCLUSIONS OF LAW
1. Pursuant to RCW 36.70B.030 and 36.70B.040, the Hearing Examiner cannot question the
number of lots, lot sizes, lot frontages, lot configurations, or proposed land uses in the
preliminary plat; since they comply with the development standards of the R-3 zoning district
and the SVMC.
2. The preliminary plat complies with the direct concurrency requirements set forth in Chapter
21.20 (Concurrency) of the SVMC.
3. Certain conditions of approval, as set forth in the findings of fact above, should be added to
ensure that the preliminary plat complies with the provisions of the SVMC; and makes
appropriate provision for roads and
4. The preliminary plat, subject to the conclusions above, and 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 code provisions.
HE Findings, Conclusions and Decision SUB-05-08 Page 10
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 the conditions of approval, for formatting and clarification
purposes.
9. Any findings of fact above that is a conclusion of law shall be deemed such.
10. Approval of the preliminary plat application, as conditioned, is appropriate under Title 20
(Subdivision Regulations) of the SVMC and RCW Chapter 58.17.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a
preliminary plat 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.
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:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The "applicant", as referenced in the conditions of approval, shall be deemed to
include the owner and developer of the site, and their successors in interest.
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2. The final plat shall be designed in substantial conformance to the preliminary plat map
of record dated August 14, 2009, and shall have a maximum of twenty-eight (28) residential lots;
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).
3. 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.
4. 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.
5. Pursuant to Section 20.30.050 (Expiration of Preliminary Approval) of the SVMC, the
preliminary plat approval shall automatically expire on September 21, 2014, unless a time
extension is approved for the project. 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.
2. The
final plat dedication shall state: "All lots within this plat shall comply with the
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building setback requirements, maximum building height standard, maximum lot coverage I.
standard and other applicable lot development standards for the R-3 zoning district or successor
zoning designation to the extent permitted by Washington State law in effect at the time of
building permit application."
3. Pursuant to Chapter 19.40.020(B) (Residential Standards) of the SVMC, all residential
driveways and off-street parking areas shall be paved with asphalt, Portland cement, grasscrete,
paver blocks or other equivalent hard surface material.
4. The final plat dedication shall state: "Only Lots 19, 20 and 21 shall access the private
driveway easement." The applicant shall make reasonable efforts to ensure that vehicles from
the final plat do not access the private road/driveway located on adjacent property to the north.
This may include the installation of fencing.
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S. Demolition permit(s) must be granted and inspected for completion for removal of the
existing detached garage (on Lot 13), barn (on Lot 11) and mobile home (on Lot 11).
6. Pursuant to Chapter 20.20.090(0) 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 or private driveways that provide access to lots being created through the
subdivision, consistent with appropriate City-adopted standards.
7. All fees for recording shall be paid by the applicant prior to recording.
8. A year of taxes for the current year shall be paid in full prior to recording.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING DIVISION:
9 Engineered grading permits, pursuant to Section 24.5 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:
10. 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.
11. Frontage improvements are required on McDonald Road. McDonald Road 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 40 feet, with one-half(Y2) of
the right-of-way being 20 feet. The minimum one-half(Y2) right-of-way width, which is 2 feet
behind the back of curb, is 19 feet. A border easement that extends from the right-of-way to the
back of the sidewalk of 12 feet is required. This shall be referenced in the final plat dedication
and designated on the final plat map. The 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.
12. All internal streets shall be designated as public streets, composed of 28 feet of asphalt
width, Type B curb and gutter(2 feet), 10-foot roadside swale and a 5-foot sidewalk on each
side. The total width of improvements is 64 feet, and requires 38 feet of right of way dedication
and 13 feet of border easement on each side of the road. 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. Where streets end at the plat boundary, the right of way and border
HE Findings, Conclusions and Decision SUB-05-08 Page 13
easements shall continue to the plat boundary. A full cul-de-sac shall be provided at the end of
the east/west street.
13. Only Lots 19, 20 and 21 shall have access to the private driveway. A physical barrier
shall be constructed along the private driveway the entire length of Lot 22 and Lot 18 to prevent
these two lots from accessing the private driveway. The applicant shall make reasonable efforts
to ensure that vehicles.from the private driveway do not access the private road/driveway
located on adjacent property to the north. This may include the installation of fencing.
14. The applicant shall provide Street Name signs, Stop signs, pavement markings, and all
other necessary permanent traffic control measures for all streets. The location of the signs must
be called out on the civil plans. Note: Section 1.16(5) of the County Road Standards requires a
cul-de-sac when not an extension of an existing street or a continuation of any future street to be
called a "Court". This applies to proposed Olympic Avenue. However, County Fire District 1
requested that such street be named "Olympic Avenue".
15. 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 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.
16. Show any utility easements (i.e. Telephone,power, etc.). The permittee is responsible for
arranging for all necessary utility adjustments, relocations, or improvements as required for
completion of the project. The 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. Clear zone requirements can be found in the 2001
Spokane County Road and Sewer Standards, or as amended.
17. If sewer and/or water needs to be brought to the properties, and to do this requires an
Engineering design, copies of the approved sewer and water plans shall be submitted to
Development Engineering. The civil plans for the project are required to show the extents of
pavement removal and replacement.
18. Driveway approach design shall follow the 2001 Spokane County Road and Sewer
Standards, or as amended
HE Findings, Conclusions and Decision SUB-05-08 Page 14
19. A thorough search for all survey monuments shall be conducted. Any found monuments
shall be referenced on the civil plans and/or final plat.
20. 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.
21. A Temporary Erosion and Sedimentations Control (TESC) p lan shall be prepared and
submitted with the site construction plans and cover all construction activities for the
improvements proposed in these plans.
22. 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: http://www.ecy.wa.gov/programs/wq/grndwtr/uic/registration/reg info.html 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.
23. The State Department of Ecology requires that a Construction Stormwater Permit be
obtained, if both of the following two conditions apply:
a. Construction project disturbs one or more acres of land (area is the cumulative
acreage of the entire project whether in a single or multiphase project), and
b. If there is a possibility that stormwater could run off the site during construction,
and into surface waters or into conveyance systems leading to surface waters of
Y Y g
the state.
Construction site operators must apply for a permit 60 days prior to discharging
stormwater. More information can be obtained from
http://wwvv.ecy.wa.gov/programs/wq/stormwater/construction/
24. 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.
25. 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.
26. Right-of-way dedication and border easements shall be designated on the final plat map.
HE Findings, Conclusions and Decision SUB-05-08 Page 15
I
27. The Homeowner Association's UBI number shall be referenced on the face of the final
plat.
28. Plat language will be determined at the time of final plat submittal. The applicant shall
l contact Development Engineering after civil plan approval and/or prior to first submittal of final
plat to obtain plat language.
29. Section 20.20.090(2)(b)(iii) of the SVMC requires the property lines located at the
intersection of the private driveway and Olympic Avenue to curve and conform generally to the
curb line in a manner approved by the City, since the driveway exceeds 150 feet in length. This
requirement shall be met, as applicable.
SPOKANE COUNTY FIRE DEPARTMENT NO 1:
30. The east/west road shall be called Olympic Avenue. See condition #14 above.
31. The north/south road shall be called Woodlawn Street.
32. The private driveway easement shall be posted"No Parking - Fire Lane" on both sides.
33. Addresses for Lots 19, 20 and 21 shall be posted at the entrance of the private drive, so
they are visible from Olympic Avenue during and after construction. Numbers shall be a
minimum of 4 inches tall and contrasting to the background. An arrow shall be used to indicate
the direction of the addressed property.
34. Two (2) new hydrants shall be installed at the following locations;
a. Northwest corner of Olympic Avenue and private driveway easement
b. McDonald Street and Olympic Avenue
35. 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.
36. 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. Threads on all outlets
shall be National Standard Thread (NST).
37. 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.
SPOKANE COUNTY DIVISION OF UTILITIES:
HE Findings, Conclusions and Decision SUB-05-08 Page 16
3g. Pursuant to the public sewer concurrency requirements of the SVMC, 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."
39. A Public Sanitary Sewer Easement shall be shown on the face of the plat and the
dedication shall state: "The perpetual easement granted to Spokane County, its' successors and
assigns is for the sole purpose of constructing, installing, operating, maintaining, repairing,
altering, replacing, removing, and all other uses or purposes which are or may be related to
sewer system. Spokane County, its' successors and assigns at all times hereinafter, at their own
cost and expense, may remove all crops, brush, grass or trees that may interfere with the
constructing, installing, operating, maintaining, repairing, altering, replacing, removing and all
other uses or purposes which are or may be related to a sewer system. The grantor(s) reserve the
right to use and enjoy that property which is the subject of this easement for purposes which will
not interfere with the County's full enjoyment of the rights hereby granted; provided, the
Grantor(s) shall not erect or construct any building or other structure or drill on the easement, or
diminish or substantially add to the ground cover over the easement. The easement described
hereinabove is to and shall run with the land."
40. The applicant shall submit expressly to Spokane County Division of Utilities, under
separate cover, only those plan sheets showing sewer plans and specifications for the public
sewer connections and facilities for review and approval. Commercial developments shall
submit historical and or estimated water usage as part of the sewer plan submittal. Prior to plan
submittal, the developer is required to contact the Spokane County Division of Utilities to
discuss the details of the sewer plans.
41. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
42. 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.
43. Security will be submitted to the Division of Utilities prior to approval of the Sewer
Design Plans.
44. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT:
45. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
HE Findings, Conclusions and Decision SUB-05-08 Page 17
46. 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.
47. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
48. Water service shall be coordinated through the Director of Utilities, Spokane County.
49. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
50. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane
Regional Health District that an adequate and potable water supply is available to each lot of the
plat.
51. 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.
52. 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
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.
53. The purveyor shall also certify prior to filing the final plat on a copy of said water plan
that appropriate contractual arrangements have been made with the plat sponsor for construction
of the water system, in accordance with the approved plan and time schedule. 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
due to failure of the plat sponsor to satisfactorily complete the approved water system.
54. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the
Spokane Regional Health District that the existing system serving the residences located on lots
14 and 5 are wholly located within the boundaries of the tract.
55. Prior to filing the final plat, the sponsor shall provide a plan that shows the location of all
existing on-site sewage systems in relationship to the newly proposed lot lines. After review, the
sponsor may be required to submit easements for on-site sewage systems.
HE Findings, Conclusions and Decision SUB-05-08 Page 18
t
56. 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.
57. The final plat dedication shall state: "A public sewer system will be made available for
p p Y
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."
58. The final plat dedication shall state: "Use of private wells and water systems is
prohibited."
59. 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."
AVISTA UTILITIES:
60. A ten (10) feet wide easement is required along the east side of the private driveway
easement across Lots 18, 19, 20 and 21.
61. A five (5) feet wide easement is required along both sides of the interior public roads
depicted thereon.
62. The final plat dedication shall state: "`Dry' utility easements shown on the herein described
plat are hereby dedicated for the use by serving utility companies for the construction,
reconstruction, maintenance, protection, inspection and operation of their respective overhead or
underground "Dry" facilities; fiber optics, cable, phone, natural gas and electric. The rights
granted herein shall prohibit: Encroachment of drainage swales or `208 structures' when they
interfere with the utilization of these easement strips by the serving utilities; changes in-grade
that alter coverage over installed facilities; installation of water meter boxes; placement of
surface structures of brick, rock or masonry that interfere with the rights granted herein. The
installation of street light poles is also prohibited unless installed by the serving utility company.
Utility companies shall also have the right to trim or remove trees, bushes, and landscaping,
without compensation, when they are situated within the easement strip. This provision shall not
}
prohibit fences or any lateral crossings of the easement strips with domestic water or sewer lines.
If the developer or his subcontractor should ditch beyond the limits of the platted easement strips
shown hereon, the easement shall then be identified by the actual physical location of the
installed utilities.
C. Prior to or during on-site construction, the applicant shall comply with the following
requirements:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
HE Findings, Conclusions and Decision SUB-05-08 Page 19
«<`l
1. 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.
2. Permits are required for any access to or work within the City of Spokane Valley public
roadway system.
3. If construction affects public right-of-way, a sign shall be posed fourteen (14) days prior to
construction, providing project details. A sign shall be securely placed at each ingress to the
project area, be clearly visible from the public right-of-way, and provide proper construction
details.
4. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the
ji start of site work and maintained throughout the duration of construction and until the site has
stabilized.
5. 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.
6. 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.
7. 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 VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING DIVISION
8. Upon any discovery of potential or known archaeological resources on the site prior to or
during construction, the applicant, contractor and any other parties involved shall immediately
cease all on-site construction, act to protect the potential or known historical or cultural
resources area from outside intrusion and immediately notify the Planning Division within 24
hours of the discovery.
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.
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.
HE Findings, Conclusions and Decision SUB-05-08 Page 20
,
,
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 suspended 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
Clean Air for a Notice of Application.
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 AHERA 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.
DATED this 21St day of September, 2009
CITY HEARING EXAMINER PRO TEM
„„,.. 4
Michael C. Dempsey, WSBA#82
■
HE Findings, Conclusions and Decision SUB-05-08 Page 21
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
September 21,2009. The date of issuance of the Hearing Examiner's decision is therefore
September 24,2009. THE APPEAL CLOSING DATE IS OCTOBER 15, 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 Leslie Busch 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, 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 documents in the record will be made available at the cost set by the
City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision SUB-05-08 Page 22