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Record of Proceedings

Spokane Valley Land Use Hearing Examiner Meeting on Four Subdivision Proposals - October 29, 2026

City Council & Commissions — Thursday, October 29, 2026
BodySpokane Valley, Washington
SessionCity Council & Commissions
DateThursday, October 29, 2026
StatusNEW · FILED
Video Record
0:00 / 2:03:58

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:03

Alright, good morning, everybody.

0:04

It is uh 9 02 a.m.

0:06

on October 29th, 2026.

0:08

This is the time and date set for a meeting of the City of Spokane Valley land use hearing examiner.

0:13

My name's Jay Istone.

0:14

I've been appointed by the city as a pro tem hearing examiner.

0:17

And in that capacity, I render decisions in certain land use issues as authorized by the Spokane Valley Municipal Code.

0:24

Those include conditional use permits, land divisions, and various other things.

0:31

I consider the evidence that's presented in the hearing as well as other written evidence that's on file to formulate a decision.

0:37

My decisions are based on the existing rules of the Shallan or the Spokane Valley Municipal Code, the comprehensive plan, state law.

0:49

I do my best to apply those to the evidence that's presented.

0:52

I can't make new rules for individual applicants or individual neighbors.

0:58

I follow the ones that your other elected leaders have issued.

1:04

Although the public hearing process is governed by certain rules, I strive to hold these meetings in a reasonably relaxed and informal manner so that nobody has to feel too anxious getting

Unassigned speaker

1:17

up

Speaker 1

1:18

in front to uh share what evidence they have to share.

1:21

Um we will follow a structured sequence for each item on our agenda this morning, though.

1:27

Um that'll begin with a staff presentation from uh planning staff providing their um factual investigation and recommendations that uh relate to uh specific proposal after the staff presentation.

1:42

We'll hear from the applicant.

1:44

The applicant has the up has the burden of uh proving that their proposal complies with applicable laws and regulations.

1:52

The applicant can testify, call other witnesses, or present documents or other evidence to carry that burden.

2:01

Um the applicant's free to rely as much or as little as they like on written evidence, including things that they submitted in advance of the hearing.

2:10

And then after the applicant's presentation, I'll give an opportunity for members of the general public, folks in the audience, to uh speak.

2:17

So you're welcome to comment whether you're in favor of a given proposal or objecting to it, or um just want concerns that maybe are considered in conditions of approval, something like that.

2:30

And uh we'll try to um keep uh your comments concise if you are sharing them, because it looks like we have a you know fair number of people here today, and we want to make sure that we uh have a chance to hear from everybody without running out of time.

2:45

So after um testimony or comments from the general public, I may give the applicants an opportunity for some brief rebuttal.

2:56

I'll try to keep that very limited as well if there is testimony that objects to their proposal.

3:04

Since they have the burden of convincing me that their proposal should be approved, that's why they are given the last word.

3:11

Um

Unassigned speaker

3:13

if

Speaker 1

3:13

you're gonna be testifying today, whether you're an applicant or planning staff or a member of the general public, please keep in mind that uh one, we're recording this, and so there are microphones around the room.

3:24

There's one at the podium there where uh you all will be speaking and please speak into that.

3:30

Uh you don't have to swallow the mic or anything like that, but we want to make sure that your testimony is captured.

3:36

Um members of the public applicants, I'll have you start your testimony by stating your name and address so that we can keep a good record of who our interested parties are who may uh wish to receive a mailed copy of the decision.

3:50

And then as you testify, I kind of mentioned this already, but please keep your testimony as succinct and uh straight to the point as you

Unassigned speaker

3:58

can.

Speaker 1

3:58

Uh keep your testimony relevant to the application, certainly without uh straying into issues that are beyond the scope of the proposal that's before me today.

4:07

And try not to duplicate information that's already been presented.

4:10

There are a few folks who wrote uh comments ahead of time that were submitted to planning that were then forwarded to me if you've written a comment.

4:19

Uh there's no need really to restate what you've already put in your written comment because I have those and I have reviewed them and I will uh you know review them again if uh if I need to be refreshed on what they say.

4:34

So um written evidence is always encouraged.

4:38

So uh there are also maybe folks here who um didn't submit something in writing in advance, but you've got notes or you have a written statement that you planned to read into the record today.

4:48

If you're more comfortable with it, feel free to offer that, whatever you wrote out in advance as a document exhibit, and I'd be happy to take that into the record as

Unassigned speaker

4:58

well.

Speaker 1

5:00

Typically, the end of our hearing today will mark the closing of the window for submitting evidence.

5:08

So the evidentiary record will close after the hearing or at the end of the hearing, and then I will issue a decision in writing within the following 20 calendar days.

5:21

If a need arises, I may elect to keep the evidentiary record open for a particular application to receive additional written comments after the hearing.

5:31

If I do so, I'll tell you the window of time that I'm keeping it open, and I'll tell you specifically what I am keeping the evidentiary record open for.

5:40

It wouldn't be just kind of a free-for-all.

5:42

Anyone can come out of the wood woodwork and try to supplement the record.

5:48

But that's uh fairly rare, I think that the evidentiary record would be kept open at the end of the hearing.

5:57

Um as a courtesy to other participants, please take this opportunity to silence or mute your cell phones and such things, put them on do not disturb or something along those lines so that they don't interfere with our meeting.

6:11

Now, after I've issued a decision, unless there's a request for reconsideration under appendix B, chapter two, section G of the Spokane Valley Municipal Code, then the hearing examiner decision is final and conclusive unless it is appealed by means of a land use petition filed with the Spokane County Superior Court within 21 days after the issuance of my decision.

6:35

I've reviewed the items on today's agenda.

6:38

There are four, they are land divisions, and I don't have any interest in the properties or the proposals that are being heard today.

6:47

Outside of the staff reports and their attachments, I have not received any communication from any party about the matters that are being heard today.

6:56

Um the staff reports and their attachments, when I reference those, it does include some written comments that planning staff forwarded to me from members of the general public that were filed a little bit after the ordinary comment window.

7:13

So I don't know if the applicants had an opportunity to review those, but as I introduce each item on the agenda, I'll I'll uh I'll indicate uh the folks that I received written comments from.

7:27

So that being said, I uh can hear and consider all the matters on today's agenda in a fair and objective manner uh without undue outside influences.

7:41

But um I would like to hear from you if there's anybody in attendance who objects for any reason to my participation, Jay Stone, as the hearing examiner in today's matters.

Discussion Breakdown — Share of Meeting
Land Use Planning█████████████████████████████████████████████59%
Engineering And Infrastructure████████████████21%
Procedural█████7%
Affordable Housing████5%
Public Engagement███4%
Transportation Safety██2%
Utilities And Infrastructure██2%
Summary of Proceedings

Spokane Valley Land Use Hearing Examiner Meeting on Four Subdivision Proposals - October 29, 2026

The Spokane Valley Land Use Hearing Examiner, Jay Istone, convened a public hearing at 9:02 AM on October 29, 2026, to consider four subdivision applications: Cooper Subdivision (SUB-2026-0005), Peak Homes Subdivision (SUB-2026-0008), Evergreen Road Subdivision (SUB-2026-0009), and 12th Avenue Subdivision (SUB-2026-0010). The examiner reviewed staff reports, applicant testimony, and public comments for each proposal. Written decisions will be issued within 20 calendar days following the hearing.

Cooper Subdivision (SUB-2026-0005)

  • Project Description: 30-lot subdivision on 1.94 acres in the multifamily residential zone, featuring townhouses and duplexes accessed by two new private streets. Applicant: Matt Kelly (Simpson Engineers, Inc.) on behalf of Cooper Living Trust.
  • Staff Presentation: Adam Knight (City Planner) recommended approval with conditions, noting the project is consistent with zoning and comprehensive plan requirements. A mitigated determination of non-significance (MDNS) was issued on September 23, 2026. He clarified a setback discrepancy (flanking street setback should be 5 feet for private street, not 15 feet).
  • Applicant Position: Mr. Kelly expressed full support, emphasizing the project provides affordable ownership opportunities (condos/duplexes) rather than apartments, aligning with community housing needs.
  • Public Comments: One written comment from Todd Ziff raised concerns about traffic at the Sprague & Tschirley intersection and safety for the Spokane Valley Trail crossing. He noted 400+ apartments being built nearby, adding up to 800 cars. The applicant responded that traffic concurrency was issued, and a sidewalk connection to the Appleway Trail is proposed.
  • Examiner Questions: Inquired about traffic concurrency (7 net new PM trips reserved) and the city’s housing need (planning for 16,600 new units over 20 years). Staff indicated the project is in a fee impact area. The evidentiary record was kept open until end of day for a clarifying note from traffic engineering.

Peak Homes Subdivision (SUB-2026-0008)

  • Project Description: 11-lot subdivision on 1.63 acres in single-family residential zone (R3), with two new private roads (East 7th Lane and South Donwood Court). Owner/Applicant: Peak Homes and Development LLC (Daniel Stefaglo).
  • Staff Presentation: Adam Knight recommended approval. The project density is 7 dwelling units per acre (max allowed: 8). A portion of the site was acquired for the 8th & Barker roundabout project. No public comments were received.
  • Applicant Position: Engineer Mamdouh Elarag testified on behalf of the owner, confirming agreement with staff’s factual statements and conditions of approval, and requesting approval.
  • Examiner Questions: Confirmed the city’s 20-year housing plan (16,600+ units) and the city’s role in zoning, not building. No further issues raised. Evidentiary record closed immediately.

Evergreen Road Subdivision (SUB-2026-0009)

  • Project Description: 17-lot subdivision on 2.47 acres in single-family residential zone (R3), with two new private streets (South Davis Lane and East 11th Lane). Applicant: Matt Kelly for owners Zac Scott & Brian Offield (B&Z Design Group).
  • Staff Presentation: Brannon McNellis recommended approval with conditions, including a voluntary mitigation agreement for a rectangular rapid flashing beacon at Evergreen & 12th (60% contribution). A public comment during SEPA led to this mitigation.
  • Applicant Position: Mr. Kelly supported the project, stating it meets code and addresses housing needs. He defended the private street design to achieve desired density and community feel.
  • Public Comments:
    • Svetlana C. (written) opposed the density (17 lots on 2.5 acres), citing concerns about increased traffic, taxes, water pressure, and loss of neighborhood spaciousness.
    • Lindsay Taylor (oral) testified that traffic on 12th & Evergreen has significantly increased over her 18 years living nearby, and a nearby active fire station adds to the issue.
  • Examiner Questions: Confirmed housing need figures and the role of the voluntary mitigation agreement. No rebuttal requested. Evidentiary record closed.

12th Avenue Subdivision (SUB-2026-0010)

  • Project Description: 12-lot subdivision on 2.36 acres in single-family residential zone (R3), with one public street (South Mamer Road stub and cul-de-sac) and one private street (South Mamer Lane). Applicant: Matt Kelly for owners Zac Scott & Brian Offield.
  • Staff Presentation: Brannon McNellis recommended approval with conditions, noting a voluntary mitigation agreement for 40% contribution to the same rectangular rapid flashing beacon. Development engineering raised multiple design issues (e.g., 15-degree skew at intersection, cul-de-sac radius, fence line alignment, side lot lines not radial). Staff believes these can be resolved in final plat.
  • Applicant Position: Mr. Kelly expressed confidence in working with engineering to address all conditions, stating the 15-degree skew is within design standards (up to 15 degrees allowed). He explained the private street allows for better lot utilization in a narrow parcel.
  • Public Comments:
    • Mark & Stephanie Felgenhauer (written and oral) expressed concerns about loss of mature trees (chain-link fence from 1974), privacy, potential two-story homes, and property line accuracy. They requested a one-story height limit adjacent to their property. The applicant noted the fence is about 6 inches inside the development side and that trees may not be preserved.
    • Hal & Charlotte Mullah (written) opposed the subdivision due to increased traffic, privacy loss, garbage pickup, and lack of a traffic light at 12th & Evergreen. Applicant cited traffic concurrency and stop sign plans.
  • Examiner Questions: Discussed engineering conditions in detail, including the requirement for the public street to be perpendicular to 12th Avenue and the need for a full cul-de-sac. Applicant believes modifications will be minor (e.g., reducing skew to 10 degrees). The examiner noted the applicant does not agree with the condition prohibiting the 15-degree skew but is open to negotiation. Evidentiary record closed.

Key Outcomes

  • No final decisions were made at the hearing. The hearing examiner will issue written decisions for each subdivision within 20 calendar days (by approximately November 18, 2026).
  • For SUB-2026-0005, the evidentiary record was kept open until the end of the day to receive a written clarification from traffic engineering regarding the concurrency certificate and reserved trips.
  • All other records were closed at the hearing.
  • Appeals of the examiner’s decisions may be filed with Spokane County Superior Court within 21 days after issuance.

Meeting Transcript

Alright, good morning, everybody. It is uh 9 02 a.m. on October 29th, 2026. This is the time and date set for a meeting of the City of Spokane Valley land use hearing examiner. My name's Jay Istone. I've been appointed by the city as a pro tem hearing examiner. And in that capacity, I render decisions in certain land use issues as authorized by the Spokane Valley Municipal Code. Those include conditional use permits, land divisions, and various other things. I consider the evidence that's presented in the hearing as well as other written evidence that's on file to formulate a decision. My decisions are based on the existing rules of the Shallan or the Spokane Valley Municipal Code, the comprehensive plan, state law. I do my best to apply those to the evidence that's presented. I can't make new rules for individual applicants or individual neighbors. I follow the ones that your other elected leaders have issued. Although the public hearing process is governed by certain rules, I strive to hold these meetings in a reasonably relaxed and informal manner so that nobody has to feel too anxious getting up in front to uh share what evidence they have to share. Um we will follow a structured sequence for each item on our agenda this morning, though. Um that'll begin with a staff presentation from uh planning staff providing their um factual investigation and recommendations that uh relate to uh specific proposal after the staff presentation. We'll hear from the applicant. The applicant has the up has the burden of uh proving that their proposal complies with applicable laws and regulations. The applicant can testify, call other witnesses, or present documents or other evidence to carry that burden. Um the applicant's free to rely as much or as little as they like on written evidence, including things that they submitted in advance of the hearing. And then after the applicant's presentation, I'll give an opportunity for members of the general public, folks in the audience, to uh speak. So you're welcome to comment whether you're in favor of a given proposal or objecting to it, or um just want concerns that maybe are considered in conditions of approval, something like that. And uh we'll try to um keep uh your comments concise if you are sharing them, because it looks like we have a you know fair number of people here today, and we want to make sure that we uh have a chance to hear from everybody without running out of time. So after um testimony or comments from the general public, I may give the applicants an opportunity for some brief rebuttal. I'll try to keep that very limited as well if there is testimony that objects to their proposal. Since they have the burden of convincing me that their proposal should be approved, that's why they are given the last word. Um if you're gonna be testifying today, whether you're an applicant or planning staff or a member of the general public, please keep in mind that uh one, we're recording this, and so there are microphones around the room. There's one at the podium there where uh you all will be speaking and please speak into that. Uh you don't have to swallow the mic or anything like that, but we want to make sure that your testimony is captured. Um members of the public applicants, I'll have you start your testimony by stating your name and address so that we can keep a good record of who our interested parties are who may uh wish to receive a mailed copy of the decision. And then as you testify, I kind of mentioned this already, but please keep your testimony as succinct and uh straight to the point as you can. Uh keep your testimony relevant to the application, certainly without uh straying into issues that are beyond the scope of the proposal that's before me today. And try not to duplicate information that's already been presented. There are a few folks who wrote uh comments ahead of time that were submitted to planning that were then forwarded to me if you've written a comment. Uh there's no need really to restate what you've already put in your written comment because I have those and I have reviewed them and I will uh you know review them again if uh if I need to be refreshed on what they say. So um written evidence is always encouraged. So uh there are also maybe folks here who um didn't submit something in writing in advance, but you've got notes or you have a written statement that you planned to read into the record today. If you're more comfortable with it, feel free to offer that, whatever you wrote out in advance as a document exhibit, and I'd be happy to take that into the record as well. Typically, the end of our hearing today will mark the closing of the window for submitting evidence. So the evidentiary record will close after the hearing or at the end of the hearing, and then I will issue a decision in writing within the following 20 calendar days. If a need arises, I may elect to keep the evidentiary record open for a particular application to receive additional written comments after the hearing. If I do so, I'll tell you the window of time that I'm keeping it open, and I'll tell you specifically what I am keeping the evidentiary record open for. It wouldn't be just kind of a free-for-all. Anyone can come out of the wood woodwork and try to supplement the record.

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