SUB-05A-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Alteration to Final Plat of Inverary; ) FINDINGS OF FACT,
Applicant: Whipple Consulting Engineers ) CONCLUSIONS OF LAW,
File No. SUB-05A-05 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application to alter a final plat, under the expired City Interim Subdivision.
Ordinance.
Summary of Decision: Approve application, subject to conditions of approval.
II. FINDINGS OF FACT
1. The application seeks to alter the final plat of Inverary; to convert Lot 19, Block 2 thereof
into a non-buildable"Tract B", extend a 25-foot wide access easement through Tract B to
connect the existing private road system in the final plat to Schafer Road, reserve a sight distance
easement across various lots to accommodate the new private road extension, reduce the number
of dwelling units allowed to 28 divided duplex units, and rename the final plat as"Ponderosa
Pointe."
2. The site is located directly east of Schafer Road, directly west of Old Schafer Road, and
directly southwest of the Union Pacific Railway right of way; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor tax parcel no. 45321.2919.
4. The applicant is Whipple Consulting Engineers, Inc.; addressed at 2528 N. Sullivan Road,
Spokane Valley, WA 99216. The site owner is Diamond Rock Construction, Inc.; addressed at
do Dennis Crapo, 15321 E. Mission Avenue, Spokane Valley, WA 99037.
5. On July 28, 2008, the applicant submitted a complete application for the proposal. On
November 26, 2008, the applicant submitted a revised altered plat map.
6. On January 22, 2009, the Hearing Examiner conducted a consolidated public hearing on the
current application, and a related application for a rezone and preliminary plat in File No. REZ-
20-07/SUB-07-07. Notice of hearing requirements were met for each application
7. The Hearing Examiner takes notice of the Examiner's decision in File No. REZ-20-
07/SUB-07-07, issued on the same date as the current decision; and adopts, and incorporates by
reference herein, the Findings of Fact included in such decision.
8. The Hearing Examiner heard the current application pursuant to Chapter 18.20 of the
Spokane Valley Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure.
HE Findings, Conclusions and Decision SUB-05A-05 Page 1
9. The record consists of the items included in the record by the Examiner's decision in File
No. REZ-20-07/SUB-07-07.
10. The site is approximately 2.9 acres in size, irregular in shape and relatively flat in
topography. The site is fenced along Schafer Road, and also near its northerly boundary with the
adjacent 100-foot wide railway right of way. The site is located approximately 50 feet from the
railroad crossing on Schafer Road.
11. The site is improved with the final plat of Inverary, which consists of 28 divided duplex
lots, and a(1) single-family dwelling on Lot 19, Block 2 thereof; for a total of 29 dwelling units.
The plat is served by a private road(Old Schafer Lane)that connects to Old Schafer Lane. See
File No. ZE-46A-90/SUB-05-05.
12. The proposed altered plat map of record submitted on November 26, 2008 illustrates a
proposed 25-foot wide easement for a proposed private road extending from the existing private
road (Old Schafer Lane) in the final plat,through common open space Tract B of the final plat,to
Schafer Road.
13. The access easement is depicted approximately 18-26 feet from the north boundary of Tract
B, and the adjacent railroad right of way; approximately 16-18 feet from a sight-obscuring fence
located along the north edge of Tract B, and approximately 12-40 feet from the south boundary
of Tract B.
14. The map states that the purpose of the plat alteration is to add an access easement through
Tract B,to allow direct access from the plat to Schafer Road. The map illustrates a new sight
distance easement crossing the west edge of Lots 12-18, Block 2 of the final plat, adjacent to
Schafer Road.
15. The map shows a proposed private road within the access easement with a 20-foot wide
paved surface; a Type B curb located on both sides of the paved surface within the easement; a
gate across the middle of the easement with a"knox box"; "no parking" signs in the east end of
the easement; and a"do not enter" sign, "stop" sign and"right turn only" sign in the Schafer
Road right of way,just northwest of the west end of the access easement.
16. The map illustrates a 14-foot wide travel section, 5-foot"mountable curb" and 1-foot
"transition"to the mountable curb in the west end of the paved surface of the private road
extension; which road section extends to the traveled surface within the adjacent right of way for
Schafer Road.
17. City Engineering submitted detailed conditions of approval for the proposed plat alteration,
which the proposed altered plat map is intended to comply with. The conditions make
construction of the proposed private road contingent on the approval of the preliminary plat of
Ponderosa East in File No. SUB-07-07.
HE Findings, Conclusions and Decision SUB-05A-05 Page 2
18. City Engineering conditions require the private road to meet applicable sight distance
requirements; be provided with sight distance easements across all affected lots; have all sight
distance obstructions removed, including relocation of the existing fence located along Schafer
Road completely outside the "sight distance triangle"; be designed as a right-out intersection
where it connects to Schafer Road, and incorporate features to discourage left turns in or out of
the private road; be designed so that the mountable curb section and the area behind it allow Fire
District 1 vehicles to access the private road from Schafer Road; be provided with a gate that
allows other vehicles only to exit the plat, and is approved by Fire District 1; and be signed on
both sides as "no parking".
19. Spokane County Fire District 1, also referenced as the "Spokane Valley Fire Department",
advised that it was more concerned with the egress of residents in the event of wildfire than
ingress; the district wanted the proposed private road to be available for daily use by the
residents, rather than an emergency vehicle only access, even though stating it didn't care if the
road was actually used for ingress and egress; and that if the access was gated, the gate needed to
open automatically and have a"Knox"key override switch installed. See letter dated 9-3-08
from Rick Freir to Karen Kendall.
20. Neighboring property owners expressed concern that the proposed access would jeopardize
traffic and pedestrian safety, and increase traffic congestion, along Schafer Road due to the
access being across the road from the busy driveway serving Redeemer Lutheran Church, and
being near the nearby railroad crossing of Schafer Road; over the lack of input from Union
Pacific Railroad regarding location of the access near the railroad tracks; and that the access
would complicate fire evacuation of the Ponderosa area along Schafer Road. Such owners did
not submit evidence from a traffic engineer in support of such concerns.
21. During review of the Inverary preliminary plat and associated change of condition proposed
for the site in 2005, in File No. ZE-46A-90/SUB-05-05, City Engineering advised that it
preferred to have the project access Old Schafer Road instead of Schafer Road; in order to
concentrate access points on Schafer Road, provide connectivity between neighborhoods, avoid
sight distance issues presented by intersecting Schafer Road on a curve, and take advantage of
better sight distance at the "tee"-type intersection of Mercy Drive and Shafer Road. See FF#75
in HE decision in File No. ZE-46A-90/SUB-05-05.
22. City Engineering and the applicant's consulting traffic engineer testified that the proposed
access met the 300-foot intersection spacing requirement of the City's Road Standards for the
location of a new road intersecting a Minor Arterial. See testimony of Inga Note and Todd
Whipple; and Section 3.04 of 2001 County Standards for Road and Sewer Construction, adopted
by the City by referenced, and referred to below as the "City Road Standards". The distance
between the proposed access and the nearest intersection along Schafer Road, at Mercy
Drive/Court, is nearly 600 feet. See County Assessor's maps.
23. At the time the Inverary project was reviewed in 2005, the City Arterial Road Plan in the
City Interim Comprehensive Plan designated Schafer Road as a Minor Arterial. See FF#27 in
HE decision in File No. ZE-46A-90/SUB-05-05. The current Comprehensive Plan, both before
HE Findings, Conclusions and Decision SUB-05A-05 Page 3
and after its July 31, 2008 update, designates Schafer Road as a Collector Arterial. The
minimum intersection spacing required for a Collector Arterial is only 150 feet. See Section 3.04
of City Road Standards.
24. The proposed access would be located almost straight across Schafer Road from the
Redeemer Lutheran Church driveway, which location will reduce traffic conflicts with church
traffic making turns from the driveway onto Schafer Road. See testimony of Inga Note and Todd
Whipple, and location of church driveway depicted on aerial photo attached to letter dated 11-20-
07 from Marc Heimbigner in File No. REZ-20-07/SUB-07-07.
25. The Union Pacific Railroad was properly notified regarding the project, but did not submit
any comments. The proposed access would be located approximately the same distance from the
railroad crossing on Schafer Road as the existing driveway for Redeemer Lutheran Church. The
railroad experiences light usage of just a few trains per day, and averages less than 30 cars per
train. See testimony of Richard Behm.
26. City Engineering and the applicant's traffic engineer preferred that the proposed access be
reserved for fire/emergency access, and not general access. See testimony of Todd Whipple and
Inga Note. Only Fire District 1 wanted the access to be available for daily access, so that
residents in the altered plat are accustomed to using it in the event that residents need to exit the
development in the event of a wildfire.
27. The applicable provisions of the City Fire Code and the City Road Standards regarding
secondary access are directed at providing an additional access for fire/emergency vehicles into a
residential development, not ingress and egress by residents during a fire or other emergency.
See 2003 International Fire Code, Appendix D, Sections D107-107; Section 1.03(8) of City Road
Standards.
28. The Staff Report properly found that the proposed alteration met the requirements for
approving a plat alteration under Chapter 20.60 of the Spokane Valley Municipal Code.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. City Engineering should be authorized to limit use of the proposed access to fire/emergency
access by fire district vehicles, and to limit use of the access by residents in the project to use
during a fire or other emergency; in the event City Engineering determines, after approval of the
plat alteration and opening of the access road,that daily use of the proposed access by the
residents in the altered Inverary/Ponderosa Pointe project presents a traffic safety hazard along
Schafer Road.
2. As conditioned, block dimensions in the proposed plat alteration reflects due regard to the
needs of convenient access, public safety, connectivity, emergency vehicle access, topography
and road maintenance; and street alignments are designed and constructed with appropriate
HE Findings, Conclusions and Decision SUB-05A-05 Page 4
consideration for existing and planned roads, anticipated traffic patterns, topographic and
drainage conditions, public safety, and the use of the land in the altered plat. See Section
20.20.090(3) of the Spokane Valley Municipal Code (SVMC).
3. As conditioned,the proposed plat alteration will serve the public use and interest; and
meets the other criteria for approving a plat alteration under Chapter 20.60 of the SVMC.
4. As conditioned, the proposed alteration is consistent with the Comprehensive Plan.
5. Approval of the proposed altered plat, as conditioned, is appropriate under Section
18.20.020 of the SVMC.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the proposed alteration to the
final plat of Inverary is hereby approved, subject to the 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. Prior to finalization and recording of the altered plat of Ponderosa Pointe in File No.
SUB-05A-05, the applicant or successors in interest must complete the following conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
1. 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.) Plans shall conform to the 2001 Spokane
County Standards for Road and Sewer Construction (or as amended), the 2008 Spokane
Regional Stormwater Manual (or as amended), the City of Spokane Valley Municipal Code
(SVMC) and all other federal, state and local regulations, as applicable.
2. The internal private street layout shall be coordinated with Development Engineering
and Fire District 1, and meet the following requirements:
a. The private road shall be designed and constructed in accordance with the private
road standards in the 2001 Spokane County Road and Sewer Standards, the 2008
HE Findings, Conclusions and Decision SUB-05A-05 Page 5
Spokane Regional Stormwater Manual, and all other federal, state and local
regulations, as applicable.
b. The private road shall meet all sight distance requirements as determined using
AASHTO Policy on Geometric Design and WSDOT Design Standards. Sight
Distance easements shall be provided across all affected lots, and all sight distance
obstructions are required to be removed. The existing fence along Schafer Road is
required to be completely relocated out of the sight distance triangle.
c. The private road shall be designed as a right-out only intersection where it connects to
Schafer Road. The civil engineering design shall incorporate features to prevent and
discourage left turns in or out of the private road.
d. The design shall include:
1. The total width of the access is to be 20 feet.
2. At the location where the proposed street intersects with Schafer Road, the
approach is to have a 14-foot travel lane and 6-foot mountable curb section.
3. The mountable curb section and area behind it is to be designed in a way that
which will allow Fire District 1 to access the street from Schafer Road.
4. The 14-foot travel lane is to extend a minimum of 35 feet from the face of the
curb.
5. There is to be a gate on the emergency access street located a minimum of 35
feet plus the gate swing from the face of curb on Schafer Road.
6. The gate will only allow vehicles to exit the Ponderosa Pointe Plat;provided
that, if City Engineering determines after approval of the altered plat that
daily vehicle egress to Schafer Road presents a traffic safety hazard, City
Engineering may limit such egress to fire/emergency situations; and
7. The gate is required to be approved by Fire District 1.
8. The access street shall be signed on both sides "No Parking".
e. Modifications to existing Schafer Road frontage improvements will be required,
including
1. Stormwater facilities, and
2. Sidewalks
f. The frontage improvements along Schafer Road, which were constructed as part of
the approval in File No. SUB-05-05 (Inverary), are currently under warranty until
December 10, 2009. Modifications to these improvements shall require an extended
warranty period for the newly constructed/modified portions of the Schafer Road
improvements. Any outstanding conditions from File No. SUB-05-05 must be
completed.
g. The intersection of the new private road and the existing private road, Old Schafer
Lane, shall be designed and constructed in accordance with 2001 Spokane County
Road and Sewer Standards and the 2008 Spokane Regional Stormwater Manual and
all other federal, state and local regulations, as applicable.
h. The private road is required to be located in a private roadway easement, or
incorporated into Tract B of Ponderosa Pointe.
i. The Ponderosa Pointe (Inverary) Homeowner's Association CC&Rs and Operations
and Maintenance Manual are required to be updated to include the new private road.
HE Findings, Conclusions and Decision SUB-05A-05 Page 6
j. The Inverary plat language is required to be revised in all locations where it discusses
private roads and drainage facilities, and easements to address the addition of the new
private road. The revised plat language shall be reviewed and accepted by
Development Engineering.
k. Prior to the Development Engineering signoff on the Final Plat and/or Final
Certificate of Occupancy, for any buildings in File No. SUB-07-07 (Ponderosa East),
the approved civil and drainage plans and all other required improvements are to be
constructed by the Applicant and then inspected and accepted by the Development
Engineering Construction Inspector. No surety will be allowed for the roadway
improvements.
1. Access to Schafer Road via the proposed private road shall only be allowed if the
Hearing Examiner approves the preliminary plat of Ponderosa East in File No. SUB-
07-07. If the preliminary subdivision is not approved, then no direct access to Schafer
Road will be allowed.
3. Schafer Road is a Minor Arterial. No residential driveway access is allowed from the
proposed parcel(s)to this street pursuant to Section 1.03(7) of the Spokane Road and Sewer
Standards adopted by the City.
4. The altered plat shall 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 out of the clear zone. These
clear zone requirements can be found in the 2001 Spokane County Road and Sewer Standards, or
as amended.
5. 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 are required to be submitted to
Development Engineering. The civil plans for the project are required to show the extents of
pavement removal and replacement.
6. The applicant is required to 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.
7. A thorough search for all survey monuments shall be conducted. Any found monuments
shall be referenced on the civil plans and/or final plat.
8. A landscaping plan, which shows the landscaping proposed to be placed in vegetated
stormwater facilities, such as channels, ditches, swales,ponds, etc., must be submitted with the
civil plans for review.
HE Findings, Conclusions and Decision SUB-05A-05 Page 7
9. A Temporary Erosion and Sedimentations Control (TESC)plan shall be prepared and
submitted with the site construction plans and will cover all construction activities for the
improvements proposed in these plans.
10. 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 go to:
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.
11. A Construction Stormwater Permit will need to be obtained from the Department of
Ecology, if both of the following conditions apply:
a. The construction project disturbs one or more acres of land (area is the cumulative
acreage of the entire project whether in a single or in a 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
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/
12. The review of Civil plans and supporting documents cannot proceed until applications for
a grading permit and approach permit have been received. All documents (plans, reports, etc)
I must be submitted through the Building Department Permit Center, located at 11703 E Sprague
Avenue, Suite B-3.
13. Plans and calculations submitted for review are to be comprehensive, per Standards (e.g.
sheet size); and gone through an independent in-house review. While it is recognized that minor
errors and omissions may occur, if review is begun and it appears that the documents are
inadequate for determining compliance with requirements, or that previous comments have not
been addressed,they will be returned. Copies of the checklist used by the Division to review and
assess completeness will be provided upon request of the Project Engineer.
14. Prior to construction of the proposed internal private road, the following items must be
completed:
a. The Hearing Examiner must have issued a final decision approving the preliminary
plat of Ponderosa East, in File No. SUB-07-07.
b. A pre-construction conference with Development Engineering is required prior to the
start of construction. During this meeting, standards and submittal requirements for
the Construction Certification will be given to the project engineer/inspector.
HE Findings, Conclusions and Decision SUB-05A-05 Page 8
c. For construction affecting public right-of-way, fourteen (14) days prior to
construction, securely post a sign at each ingress to the project area that is clearly
visible from the right-of-way and that provides project construction details.
d. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system. A traffic control plan will be required.
e. NOTICE—The Regional Pavement Cut Policy may prevent or limit pavement cuts in
the adjacent street(s). There is a three (3)-year moratorium on pavement cuts for
newly paved streets. Please contact the City right-of-way inspector 688-0053 for
further information.
f. 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.
g. All survey monuments shall be protected during construction. Any disturbed or
damaged monuments shall be replaced prior to certification/final plat and/or release
of surety.
h. 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
Development Engineer or his staff.
i. 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 COUNTY FIRE DISTRICT NO. 1 (SPOKANE VALLEY FIRE DEPARTMENT):
15. All `no parking' fire lane signs must be installed and inspected by the Fire Department.
16. The new private road shall be labeled with a Fire Department approved road name.
B. General Conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The approved altered final plat shall have a maximum of twenty—eight (28) duplex
division lots unless a final plat modification is approved pursuant to Section 20.60 (Preliminary
Plat, Short Plat, and Binding Site Plan Alterations) of the SVMC.
2. The altered final plat map shall comply with requirements for plat amendments per
WAC 332-130-050 (3)(c).
3. Submit four (4) revised final plat maps and one reduced (8'/2" x 11") copy of the entire
Ponderosa Pointe plat with the following;
a. The following revisions should be in addition or replacement to the original
recorded final plat Page 1 of 2;
HE Findings, Conclusions and Decision SUB-05A-05 Page 9
i. Existing and revised dedication language.
ii. Signature blocks for Community Development, Development Engineering
Division and Spokane County Fire Department No. 1 only.
iii. Remove all reference to Lot 19 of Block 2 and replace with Tract B, if
applicable.
iv. The map title shall state "Final Plat Alteration of Ponderosa Pointe
(previously Inverary)" along with the original plat's Auditor's recording
number, book and page number.
b. The following revisions should be in addition or replacement to the original
recorded final plat Page 2 of 2;
i. Remove all reference to Lot 19 of Block 2 and replace with Tract 13, if
applicable.
ii. The map title shall state "Final Plat Alteration of Ponderosa Pointe
(previously Inverary)" along with the original plat's Auditor's recording
number, book and page number.
iii. All easements of record from original plat shall be referenced with the
Auditor's recording number.
4. All necessary recording fees are required to be paid by the applicant or successor's of
interest.
AVISTA UTILITIES:
5. All easements of record must be retained.
DATED this 10th day of March, 2009
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSBA&35,7j
HE Findings, Conclusions and Decision SUB-05A-05 Page 10
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 an altered 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 March
10,2009. The date of issuance of the Hearing Examiner's decision is therefore
March 13,2009. THE APPEAL CLOSING DATE IS APRIL 3,2009.
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 Karen Kendall 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-05A-05 Page 11