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2001, 11-09 Zoning Investigation, ReportInvestigation Report Printed: 09 -Nov -01 Case Number: 01-124 Site Address: 11208 E Grace Ave Owner Name: 1%like & Kristine Rubert Owner Address: P.O. Box 29 Parcel Number: 45092.0718 Violation: No Final - Relocation of Res/Storage Bld Violation Type Code: 0 Occupancy violation Date Opened: Date Resolved: Comments: Event Date: Events Event Date 5/11/01 6/18/01 6/21/01 7/26/01 8/28/01 10/24/01 `f 10/29/01 11/9/01 5/11/01 Date Of Affidavit: Date Abandoned: Notes: Investigator: J. Todd 8/28/01 Inspector: George Krienke Description Site inspection conducted buildings are being stored address flagged in PLUS. Site inspection conducted 5/10/01 revealed 3 vacant relocated houses and 3 accelsory on the subject property. See photos taken 5/10/01. Site 6/18/01 revealed no change in the status of the buildings. Site inspection conducted 7/26/01 revealed no change in the status of the buildings. Site inspection conducted 8/28/01 revealed no change in the status of the buildinks. Site inspection conducted 10/23/01 revealed no change in the status of the buildings. Notice of violation sent to owner on 10/29/01. Site inspection conducted 11/9/01 revealed no change in the status of the buildings. 57.31/01 trDL retl /net, • Hevi B, &Lt Page 1 of 1 • Code Enforcement Phone Contact Log Site Address: 0/?e e , CA -4 -cc 1J,^C Case No. O/—/ z y Date Phone no. Contact Comments 4/0 y Y f _ L 72 e 141 a kc c2".c-/ t trt"` -e '`' &2e mac. 'T^C=( 1/t -c._--' a7 .1%... /24-flte01-4?/ L".4. -Ce `fj bt-fiu, 44,247 •'"/3, fa)- K/r C/o c,- dir n- 1g -7i -4o rid"' /a /- CEJ vrad. / % SP y? 0S Rel 'd h cQ-”,9/7 y 2.0 9 s! isle --) d' en e . 0-ea/'Jt rJ//,,a ey /ye ie/0C. nJS'C.r 4,,,p�'4,,,p9 • PkCed Pr /0/S /, 2, 'tJ . 4/00 3co/ Ko) Contact Log Compliance Date Contact Notes rsco .l � V Site Permit History Thursday, May 10, 2001 Page / of 1 Spokane County Division of Building and Code Enforcement (509)477-3675 Address 11208 E GRACE AVE Zoning: UR 3.5 Parcel Number: 45092.0718 Fire District: FD 01 Owners Name: RUBERT, MIKE Address: PO BOX 29 SPANGLE WA 99031 Occupant: Phone: Phone: (509) 448-2720 PROJECT#: 99003076 Use: TEMPORARY RELOCATION OF STORAGE BUILDING (6 MONTHS MAX) Application Date: 4/16/99 Permit Issue Date: 4/26/99 Final / Void Date: 11/1/99 11/1/99 VOIDED/EXPIRED SYSTEM CHANGE APPROVED PROJECT#: 99003074 Use: TEMPORARY RELOCATION OF RESIDENCE (6 MONTHS MAX) Application Date. 4/16/99 Permit Issue Date: 4/26/99 Final / Void Date: 11/1/99 11/1/99 VOIDED/EXPIRED SYSTEM CHANGE APPROVED PROJECT#: 98000312 Use: RELOCATION OF RESIDENCE ON BASEMENT "CANCELLED 3/26/98 PAE* Application Date. 1/16/98 Permit Issue Date: 1/23/98 Final / Void Date. 3/26/98 3/26/98 VOIDED/EXPIRED EICKSTAD, PATTY APPROVED PROJECT#: 00003256 Use. 6 lot subdivision - preliminary submittal Application Date: 5/1/00 Permit Issue Date: Final / Void Date: Fact Sheet for Property Number 45092.0718 Data As of 10/27/01 Reportl Site Address 0 ADDRESS UNKNOWN TCA 2120 Parcel Status Active Owner RUBERT, MIKE & KRISTINE Owner PO BOX 29 Address SPANGLE, WA 99031-0029 Taxpayer RUBERT, MIKE & KRISTINE Taxpayer PO BOX 29 Address SPANGLE, WA 99031-0029 Acreage Land Sq Feet 41137 Current Use Code 91 Residential land - Undivided 2000 Market Values Land 25000 Exempt Value Impvmts 0 Personal Total Value 25000 Property 0 0 Active Exemption Legal Description FAIRACRES LTS LT 56 Sales History (prior to 1999) Sale Date Sale Price Sale Instrument 02/10/1997 $76,000.00 WARRANTY DEED 11/08/1994 $0.00 EXECUTOR'S DEED Qualified/ Vacant/ Unqualified Improved Transfer Verification Unqualified Vacant MULTIPLE LAN UNKNOWN Unqualified Improved MULTIPLE RES UNKNOWN Page 1 of 1 Report Date Monday, October 29, 200 Fact Sheet for Property Number 45092.0719 Data As of 10/27/01 Site Address 0 ADDRESS UNKNOWN TCA 2120 Parcel Status Active Reportl Owner RUBERT, MIKE & KRISTINE Owner PO BOX 29 Address SPANGLE, WA 99031-0029 Taxpayer RUBERT, MIKE & KRISTINE Taxpayer PO BOX 29 Address SPANGLE, WA 99031-0029 Acreage Land Sq Feet 41137 Current Use Code 91 Residential land - Undivided 2000 Market Values Land 25000 Exempt Value Impvmts 0 Personal Total Value 25000 Property 0 0 Active Exemption Legal Description FAIRACRES LTS LT 57 Sales History (prior to 1999) Sale Date Sale Price Sale Instrument 02/10/1997 $76,000 00 WARRANTY DEED 11/08/1994 $0.00 EXECUTOR'S DEED Qualified/ Vacant/ Unqualified Improved Transfer Verification Unqualified Vacant MULTIPLE LAN UNKNOWN Unqualified Improved MULTIPLE RES UNKNOWN Page 1 of 1 Report Date Monday, October 29, 20 • • Zoning Investigation Report Case Number: CV 3 01 Site Address: 12000 E GRACE AVE Friday, January 12, 2001 Parcel Number 45092.0719 04- 9500.2 , 071$ Owner Name: MIKE & KRISTINE RUBERT Occupant Name: Address: PO BOX 29 Address' City / State /Zip: SPANGLE, WA 99031-0029 City / State / Zip: Phone: Phone: Date Of Birth: Date Of Birth: Violation: 3 BIG TRUCKS IN THE MIDDLE OF THE LOT PLUS 2 OLD GROSS HOUSES Milestones: Complaint Date: 01/12/2001 Affidavit Date: First Letter Date: Prosecutor Date: Second Letter Date: Bench Warrant Date: Extension Letter Date: Court Date: No Violation Date: Compliance Date: Inactive Date: Information Letter Date: Inspections: Inspection Due Date: First Inspection Date: Last Inspection Date: Comments: Events Event Date Description 01/12/2001 SET UP FILE JF Zone: Urban Residential 3.5 (UR 3.5) Investigator Name: lnspectorl Name: lnspectorl Name: Page 1 of 1 May 7, 2001 C 0 v NT 71- DIVISION r DIVISION Or PLANNING A DIVISION OP THE PUBLIC WORKS DEPARTMENT MICHAEI. \'. NEEDHAN), DIRECTOR GARY OuERG, DIRECTOR Mike & Kristine Rubert PO Box 29 Spangle, WA 99031-0029 RE: NOTICE OF VIOLATION (12000 Block, East Grace Ave. Spokane. 45092.0718) File #CV01301 Dear Mr. Rubert: Parcel ID 45092.0719 and Spokane County has received a complaint regarding conditions on your properties that do not comply with the county codes and ordinances enforced by the Division of Planning. A site inspection was performed on May 2, 2001, verifying that this property is in violation. The site visit identified four structures on blocks and dunage stored on the properties as well as, one moved residential structure recently placed on a foundation and in the process of being remodeled. Furthermore, our records show that there are no building permits on file for the activity being conducted on the properties. Your properties are zoned Urban Residential -3.5 (UR -3.5), which does not permit unscreened storage of building) materials. The applicable provision of the Zoning Code is recited here as follows: 14.616.355 Storage Standards All storage (including storage of recyclable materials) shall be wholly within a building or .shall he screened from view from the surrowuding properties and shall be accessory 10 the permitted use on the site. There shall be no storage in any required front yard or flanking.street yard. The private. noncommercial storage of up to two (2) inoperable or not-currently-/rcensed vehicles or rem rants thereof shall be completely sight -screened year-round fi-onr uses allowed in this sone with a fence. mains( Iined Type 1 or 11 landscaped area or maintained hntdscaped berm There is no number limit within a permitted completely enclosed building, including doors. Vehicle remnants or parts must he stored inside a vehicle or a permitted, completely enclosed building, including doors. Fences over six (6) feet ur height require a building permit and/or a zoning varuatce. "Type land 111andscaping are described in Section 14 806.060. Nonconforming rights fir outdoor .storage of more than two (2) inoperable or not -currently -licensed vehicles inside the UR -3 5 zone will end on the first dat' of the month after adopho one year (September 1, 1993). 1026 W. BROADWAY • SPOKANE, WASHINGI ON 99260-0220 PHONE. (509) .477-7200 • FAX (509) 477-2243 • TDD' (509) 477-7)33 t, plus ® s The purpose of this letter is to advise you of these code requirements and to request that appropriate action be initiated to correct the above noted violation on or before May 28th, 2001. Alternatively, you may wish to submit a written schedule for compliance to this office, which may be accepted, if found to be reasonable. If we receive no response by the date noted above a Notice of Violation will be recorded against your property and the file will be sent to the Spokane County Prosecutors Office for legal action. The prosecutor is authorized by the County Zoning Code to pursue the following penalties: 14.406.040 Violation, A Misdemeanor Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this Code or conditions of approval imposed by actions of the Board. Commission, Hearing Body or the Department shall be guilty of a misdemeanor and shall be pu tithed by imprisonment in the County Jail for a maximum term fixed by the court of not more than ninety (90) da?& or by a fine in an amount fixed by the court of not more than one thousand (1,000) dollars, a• both such imprisonment and fine. Each day that a violation is permitted to exist shall constitute a separate offense. Your county and neighborhood will appreciate your attention to and cooperation in this matter. Yours in anticipation, David Jensen Associate Planner 477-7237 -_ w CODE VIOLATION INVESTIGATION REQUEST FORM II III SPOKATVFI COT INT? SPOKANE COUNTY DIVISION OF PLANNING 1026 WEST BROADWAY AVENUE - -aIV'D SPOKANE, WA 99260.0050 SPOKANECOJN' (509) 477-7200 M., n . Address of Violation L R'15:0N r'I' 1-1.AN Property Owner (if known) If no address is available, please provide a general description of the property location Iv,) Ec2-v >;O((. vO J Nature of Complaint (please print or type) c�C"'-) I &=- - \'\S1 _. +I , -(r; l';Ir 0 cu, MP ( rYN Awn C CCyC1J mv_,CJL *hr 4-_; 0. ii--, (,,__,LCD -0 o nn, i\ clip. Cc cN lc &Tris i Cm Iii V J. U:CS-__, \" \MC k *C-\\ \ c-) V -1N,--, L \cm C` (-0r- 0,I (\., coo (1c- CC, re_ 0.I1 Lu -c, Luc ( \),1ho_ `\ :-30- I e Iii; re_\w\('•�(A, kZSItt ilLIISIS..a T P.PLIIVIP ,13PA,(¢ NIIIll€jT(�bjtgau31OX 'Ca ATAsIM45TjEf ASciti Your Name ,)(;_ nnic \�c-I1{3 VV.\(-,\ ;Lf - Your Address \\,A,Q m F C`�C0',(. PCcc-' City, State, Zip ----)c-,0--)n fY" l2,pi CIC, ( G Phone ejrciCi---it -IC-Lc& (evenings) (daytime) May we enter your property to view the violation, if necessary? YES \( NO NOTE: In accordance with the Freedom of Information Act, although we try to maintain your identity confidential in this matter, we cannot guarantee it. REQUEST FOR NON -DISCLOSURE � ^ 1-10000 v F I, , >, ,\-R...1 rn, ci-c1 iv , filed a complaint with the Spokane County Division of (print name legibly) 7 7 Planning against , residing at (name) -II - (address) • Spokane County, WA on 0\ --054—CD) . (m/d/y) I believe that disclosure of my Identity to members of the public would endanger my life, physical safety, o property. I am therefore requesting that any reference to my Identity be deleted from any copies of sucl complaint that may be disclosed to members of the public pursuant to a request undei the Publi Disclosure Act, RCW Chapter 42.17. Dated this 4-Vli day of to nLAc.,C-`/ , 2004. .(` fi( ') SPOKANE, WASHINGTON. \11,� \\\-CC� 'c J[).CD74 (72.--D4J nature) Zoning Parcel No. Comments NITRO BUILDING AND CODE ENFORCEMENT James L. Manson, C.B.O., Director October 29, 2001 Mike & Kristine Rupert P.O. Box 29 Spangle, WA 99031-0029 Subject: Notice of Violation A DIVISION OF THE PUBLIC WORKS DEPARTMENT Gary Oberg, Director Re: Case Number. 01-124 Site Address: 11208 E. Grace Ave., Spokane, WA 99206 Parcel Number: 45092.0718 & 45092.0719 Dear Mr. & Mrs. Rupert: The Division of Building and Code Enforcement has received a report of conditions on your property at the above -referenced address that may not comply with Spokane County building regulations. An on-site inspection was conducted that revealed three (3) vacant residential buildings and three (3) vacant accessory structures have been placed on the subject property. A search of our records revealed building permits were issued for the temporary relocation of a storage building and a residence under project number 99003076 and 99003074 and the relocation of a residence on a basement under project number 98000312, expired and became null and void. Section 106.1 and 108.1 of the Uniform Building Code and Section 3.09.020 of Title 3 of the Spokane County Code requires that a valid permit be maintained and the required inspections are conducted and approved for the relocation of a building or structure. Moreover, Section 3.09.070 of Title 3 of the Spokane County Code states that any temporary structure: "On or before the expiration date of the permit, any building or structure installed on the property under the permit shall either be: 1) Completely removed from the property, or, 2) Permanently installed on the property, provided such building or structure is in compliance with all other applicable laws and ordinances." The purpose of this letter is to inform you of these Code requirements and to request that you contact me at (509) 477-7223, regarding the intended use and disposition of these structures within ten (10) days from the date of this letter. Your prompt attention to this matter will be greatly appreciated. Sincerel J. Todd Code Compliance Coordinator Copy to: David Jensen, Spokane County Division of Planning 1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0050 PHONE: (509) 477-3675 • FAX: (509) 477-4703 • TDD: (509) 477-7133 Er" Z 0 0 m .. '0 = N 0 N N = o • o o r- O p to a m 0 0 o c c N 3 O ' ▪ o 0 Er o a C 0 O 0 O a _Q 0 . S ED_ 3 o v 3 D. 0 0 0 V 0 0 12, m a w mc 0 0 0- O 0' 0 O o • • 0 0 G1 N 0 G 0 0 7 N 7 0 7 a 0 a • • 0 ADDRESS UNKNOWN SPOKANE ssaJppy e2ig 0 • 0 CO 3 O PI X D N a 0 0- > D Z r CO co C.3_ N n 0 0 0 Owner: RUBERT, MIKE & KRISTINE 6 LL0 Z60917 :lamed oC 2 tl d9 SpoKANzE Covrzrr COMPLIANCE WORKSHEET ADDRESS: CASE NO. PARCEL NUMBER: BACKGROUND INFORMATION: .FOR: t. ZONING: REVIEW DATE: REVIEW BY: l INSPECTION DISTRICT: BUILDING/CONSTRUCTION VIOLATION: ❑ Stop Work No permit for ❑ Occupancy without final ❑ Unsafe Condition (Pool Fence) ❑ FAARS Violation MISCELLANEOUS VIOLATION: uance ❑ Erosion and Sediment Control O No Permit, Timber Harvest ❑ Other OTHER AGENCY VIOLATION: ❑ Current Planning/Zoning ❑ Health District ❑ County Engineer ❑ SCAPCA O Spokane County Animal Control DISPOSITION: NOTES: O Dangerous building/Site Cleanup ❑ Violation of permit conditions ❑ Code/Approved plan violation ❑ Fire Code Violation O Adult Entertainment or Retail Use Violation O Smoking ❑ WA State Department of Labor & Industries O WA State Department of Transportation O WA State Department of Natural Resources O WA State Department of Ecology ❑ Spokane County Sheriffs Department ❑ Invalid Complaint — File without further action/retum to complainant ❑ Forward complaint to appropriate agency O Requires address verification ❑ Contact complainant for additional information or O Create compliance File: Investigator Recheck Date First Entry veir ',at Wes & Alice Hamilton go 11118E Grace • Spokane, WA 99206 Home Phone (509) 924-0078 August 15, 2000 Spokane County Hearing Examiner 1026 West Broadway Spokane WA To the County Hearing Examiner, It is with our deepest concern that we submit these pictures and this letter for your inspection and hope they help you to see that neither Mountain Homestead Enterprises nor Mr. Rupert should in any way be allowed proceed with the intent to bring in old, delapitated houses and set them on the proposed property. will 0 As you will be able to see in the pictures of most of the effected properties surrounding said property, most of than have a real estate value ranging from about $80.0000 to $150,000. The houses Mr. Rupert intends to bring in there are really pieces of junk, (also shown in the pictures). and would Greatly devalue our neighborhood pig would probably have a Real Estate value of somewhere between $40,000 & $50,000 when finished. It is a well know fact that such low-income housing attracts a class of people who are repeatedly known for not caring for or maintaining their property. The people on our street are always making improvements to their homes. There has been instances already of the homes that arc for sale on our street not selling. totalis because of the mess and situation of that property. Mr. Rupert has already put the one in the photo on a foundation. I'm assumirig he has done this without a permit and I hope you will find in favor of the people who live on Grace & Bucker and disallow his intended purpose for that piece of land and insist that the house he has begun be moved off and rule that this particular parcel is not available for this intent and purpose. In case the permit is granted, the examiner must note that both the County of Spokane and Mr Rupert become liable for damages sustained by current property owners involved, (ie: loss in property value and sale -ability . It would then be exigent for current property owners to seek compensation through litigation. I'm sure the property values on my home alone would be effected by at least a $40,000 loss, of which I would hold the County and Mountain Homestead Enterprises completely & totally responsible for. If this case should be decided in favor of Mountain Homestead Enterprises, 1 would expect you, Mr. Examiner, to see that a County Assessor is assigned to reassess every house involved and that our property taxes will immediately be lowered to show the new fair market value. I sincerely hope and pray you will disallow this Land Use action to take place. Perhaps Mr Rupert could build some nice new houses in a cul-de-sac there instead. Sincerely. Wes & Alice Hamilton SPOKANE COUNTY HEARING EXAMINER RE: Preliminary Plat of Christin's Addition Applicant: Mountain Home Enterprises c/o Roger Michael Rubert; File No. PE -1871-00 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION I. SUMMARY OF PROPOSAL AND DECISION Proposal: Application for the preliminary plat of Christin's Addition, to subdivide approximately 1.89 acres into 6 lots for single-family residences, in the existing Urban Residential -3.5 (UR -3.5) zone. Decision: Approved, subject to conditions. II. BACKGROUND INFORMATION/FINDINGS OF FACT A. General lnformation: Applicant: Mountain Homestead Enterprises/Roger Michael Rubert, P. O. Box 29, Spangl WA 99031 Owner: Roger Michael and Kristine Rubert, P. O. Box 29, Spangle, WA 99031 Site Address: 11208/11212 East Grace Avenue, Spokane, WA Location of Site: Generally located south of and adjacent to Grace Avenue, approximately 630 feet west of the intersection of Grace Avenue and Bowdish Road, in Section 9, Township 25 North, Range 44 EWM, Spokane County, Washington. Parcel Number: County Assessor tax parcel nos. 45092.0795 and 45092.0718 Legal Description: Lots 56 and 57, Fairacres, per plat recorded in Volume "K" of Plats, Page 16, records of Spokane County Auditor, subject to an easement across the south 10 feet. Zoning: Urban Residential -3.5 (UR -3.5). The site is also located within the Aquifer Sensitive Area (ASA) Overlay zone and the Public Transit Benefit Area designated by the County Zoning Code. Comprehensive Plan: Urban category. The subject property is also within the ASA, the Priority Sewer Service Area and the Urban Impact Area designated in the Plan. Critical Areas: None designated on County Critical Areas maps. HE Findings, Conclusions and Decision PE -1871-00 Page 1 County IUGA: The subject property is located inside the interim urban growth area (IUGA) boundaries designated by Spokane County, pursuant to the Washington State Growth Management Act. - Environmental Review: A Determination of Nonsignificance was issued by the County Division of Planning on July 28, 2000. Site Description: The site is approximately 1.89 acres in size, rectangular in shape and relatively flat in topography. The subject property consists of two lots in the Fairacres final plat, originally recorded in 1908, for the division of approximately 35 acres into 62 lots. A total of 3 houses and 3 detached garage structures are located on the proposed site, all of which have been moved to the site from other locations. One house has been set on a foundation at the southeast corner of the site, on proposed Lot 4 of the preliminary plat, and is currently being remodeled. The other 2 houses, with associated detached 1 -car garages, are temporarily set on proposed Lots 1 and 2, without foundations. A 2 -car garage has been temporarily set on proposed Lot 6. The site is vegetated with dry weeds at the current time. A 4 -foot high cyclone fence exists along the north and east boundary of the site, with the entrance to the site at the northwest comer open. A 6 -foot high sight -obscuring fence with privacy slats exists adjacent to the south boundary of the site, installed for the adjacent manufactured home park. Wire fencing mounted on wood posts and topped by a wood rail exists adjacent to the northerly half of the west boundary of the site, and wire fencing on metal posts exists adjacent to the southerly half of the west boundary of the site, all of which fencing is associated with the parcel abutting the site on the west. Access from the site to Buckeye Avenue is currently prohibited. Area Road System: Montgomery Avenue and Bowdish Avenue in the vicinity are designated as Minor Arterials by the County Arterial Road Plan, while University Road is designated as a Principal Arterial. Buckeye Avenue and Grace Avenue adjacent to the site are considered Local Access roads. Pines Road (SR -27), to the east, and Trent Avenue (SR -290), to the north, are state highways. Interstate 90 lies less than a half (1/2) mile south of the subject property. Pines Road (SR -27) has a freeway interchange with Interstate 90, less than a mile to the southeast. Surrounding Conditions: The surrounding neighborhood is designated in the Urban category of the Comprehensive Plan. The land lying west of University Road, and most of the land lying between University Road and Bowdish Avenue, south of Montgomery Avenue, is designated in the Industrial category. Railroad lines are found north of the site, adjacent to Trent Avenue (SR -290), and south of the site, between Montgomery Avenue and I-90. The land surrounding the site consists of a mix of residential densities and housing types. Most of the housing is single-family residential, along with some duplexes. A number of short plats in the existing UR -3.5 zone were approved in the area during the 1990s, of in 2000, to allow a higher density of housing. The land located westerly of the site is zoned UR -3.5 and consists of single-family homes on lots approximately .9 acres in size. The land lying northerly and easterly of the site is zoned UR -3.5, and primarily consists of single-family homes on lots ranging from approximately 11,200 square feettto a half (1/2) acre in size. FIE Findings, Conclusions and Decision PE -1871-00 Page 2 The land lying southerly of the subject property is zoned Urban Residential -7 (UR -7), ai d is developed with a 58 -space manufactured home park (Sonrise Place Mobile Horne Park) on 8.27 acres, approved in 1998. Light Industrial (I-2) zones, improved with light industrial and commercial uses; Urban Residential -22 (UR -22) zoning, developed with multi -family dwellin s or mobile homes; and UR -7 zones, improved with higher density housing or mobile homes, ane found in the area, along or near the more heavily traveled streets. This includes some rezones approved in the 1990s. In 1996, in Planning File No. ZE-5-96, the Hearing Examiner approved a rezone of 11.6 acres of land lying directly south of the current site, with frontage along Jackson Road. This included a rezone of 8.5 acres lying directly south of the current site from the UR -3.5 zone to ;he Urban Residential -7 (UR -7) zone, and a rezone of the remaining 3.1 acres to the Light Industrial (I-2) zone, for unspecified uses consistent with such zoning. A manufactured home park, as discussed above, has been developed on the UR -7 zone portion of such site. The I-2 zone portion of such project, which lies between the UR -7 zone portion and Jackson Road to the south, is currently undeveloped. The nearest county park is located over a half mile south of the subject property, along Mission Avenue, approximately a half mile west of Pines Road (SR -27). Public sewer has be extended to the area by the County. Several public schools are found in the area. n Description of Project: The preliminary plat map of record, submitted to the Division of Planning on May 25, 2000, illustrates subdivision of 1.89 acres into 6 lots, for the development of single-family residences. The project data portion of the preliminary plat map incorrectly identifies the total plat area as 1.61 acres. Lot sizes in the proposal range from 11,484 square feet to 11,751 square feet. The density (net) of the project is approximately 3.76 dwelling units per acre. The preliminary plat would be developed in a single phase. The applicant proposes to improve each lot in the project with houses moved to the site through the applicant's house moving business. A new public road, with a right of way of 36 feet, and a cul-de-sac with a 50 -foot radius would be developed within the site. The proposed public road would have one point of ingress/egress to Grace Avenue on the north. The lots proposed at the terminus of the proposed cul-de-sac do not appear to meet the 80 -foot minimum lot frontage requirement of the Urban Residential -3.5 zone. Such frontage requirement may be met at the building setback line. A 10 -foot wide utility easement runs along the south boundary of the proposal. B. Procedural lnformation: Applicable Zoning Regulations: Zoning Code Chapter 14.616 (UR -3.5 zone) Hearing Date and Location: August 16, 2000, Spokane County Public Works Building, Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA. Notices: Mailed: July 31, 2000 by applicant Posted: July 31, 2000 by applicant Published: July 31, 2000 The requirements for public notice have been met. HE Findings, Conclusions and Decision PE -1871-00 Page 3 Site Visit: August 15, 2000 and September 19, 2000. Hearing Procedure: Pursuant to County Resolution Nos. 96-0171 and 96-0294 Testimony: Deanna Walter Division of Planning 1026 West Broadway Spokane, WA 99260-0240 Mike Rupert P. O. Box 29 Spangle, WA 99031 Ted and Sandra Morris 11119 East Grace Spokane, WA 99206 Bryan Weekly 11305 East Buckeye Spokane, WA 99206 Chris Bancroft 11202 East Grace Spokane, WA 99206 Scott Engelhard Division of Engineering 1026 West Broadway Spokane, WA 99260-0240 Bruce Larsen 9209 East Mission, Suite A Spokane, WA 99206 Cary Schutz 11219 East Grace Spokane, WA 99206 Alice Hamilton 11118 East Grace Spokane, WA 99206 Items Noticed: Spokane County Generalized Comprehensive Plan, County Zoning Code, County Code, County Guidelines for Stormwater Management, and 1999 County Standards for Road and Sewer Construction. Comprehensive Plan land use map, official zoning maps, and Arterial Road Plan maps for vicinity. Final land use decisions referenced in Staff Report and decision herein. County Resolution Nos. 99-0265 (revising County Standards for Road and Sewer Construction), 98-0482 (increasing allowable density in the UR -3.5 zone), 98-0201 (amending Guidelines for Stormwater Management), 97-0784 (revising interim regulations for County IUGAs), 97-0321 (adopting interim regulations for County IUGAs), 97-0134 (establishing and delineating IUGA boundaries), 96-1224 (adopting Subdivision Ordinance), 96-0585 (adopting CWMP 1996 Interim Update), 96-0294 (Hearing Examiner Rules of Procedure), 96-0293 (ESHB 1724 rules), 96- 0171 (Hearing Examiner Ordinance), 95-1005 (suspending park mitigation fees), 95-0498 (adopting Standards for Road and Sewer Construction, and adopting Guidelines for Stormwater Management), and 85-0900 (adopting County Zoning Code, and Program to Implement Zoning Code). Items in Record: The record includes the documents in the project file at the time of the hearing, the documents submitted during the public hearing, the documents submitted after the public hearing as of 9-1-00, the electronic recording of the public hearing, and the items taken notice of by the Examiner. HE Findings, Conclusions and Decision PE -1871-00 Page 4 ® • Procedural Matter: The Examiner reopened the record at the request of the applicant, pursuant to a letter to parties of record dated 8-21-00. The record was left open until 9-1-00 t allow comments and responses by the opponents of record and the applicant. III. LAND USE ANALYSIS/ FINDINGS OF FACT & CONCLUSIONS OF LAW A. General approval criteria RCW 58.17.110 requires local governments, before approving a preliminary plat, to adopt written findings that the preliminary plat and its associated dedication make appropriate provision for the public health, safety and welfare, and for the relevant factors listed in such statute; and also that the preliminary plat will serve the public use and interest. A preliminary plat must also conform to local zoning regulations and other applicable land use controls. See RCW 58.17.195. This includes, without limitation, the County Zoning Code, the County Subdivision Ordinance, and the County Local Environmental Ordinance. General conformance with a comprehensive plan is relevant in determining whether a preliminary plat should be approved. See RCW 58.17.010 and RCW 58.17.100; and Norco Construction v. King County, 97 Wn.2d 680, 682 (1982). However, a comprehensive plan is considered as a general blueprint for land use regulation by local governments. See Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 873, 947 P.2d 1208 (1997); and Cathcart v. Snohonzish County, 96 Wn.2d 201, 211-12, 634 P.2d 853 (1981). Where a comprehensive plan conflicts with zoning regulations, the latter will usually be construed to prevail. See Weyerhaeuser v. Pierce County, 124 Wn.2d 26, 43, 873 P.2d 498 (1994). Section 14.100.104 of the County Zoning Code states that the provisions of the Code shall be interpreted to carry out and implement the purpose and intent of the Comprehensive Plan, and the general plans for physical development of the county adopted by the Board of County Commissioners. Zoning Code 14.100.106 indicates that when the provisions of the Zoning Code conflict with the Comprehensive Plan, or other adopted plans and development regulations, the more restrictive provisions shall govern to the extent legally permissible and the Zoning Code provisions will be met as a minimum. The Comprehensive Plan itself indicates that it should be used as a reference source an guide for making land use decisions, primarily through its policies stated as "decision guidelines". Spokane County has designated a wide array of local SEPA policies which may be used to condition or deny land use actions under the County's Local Environmental Ordinance. Such policies include the Comprehensive Plan, the County Zoning Code, the County Code, County Road Standards, County Stormwater Guidelines, recommendations received from County departments and other public agencies on land use actions, studies performed on a land use action voluntarily or at the request of a County department, and other listed regulations and policies. See chapter 11.10, Spokane County Code. HE Findings, Conclusions and Decision PE -1871-00 Page 5 • • B. The proposed preliminary plat and dedication, as conditioned, generally conform with the Spokane County Generalized Comprehensive Plan; bear a substantial relationship to and will not be detrimental to the public health, safety and general welfare• serve the public use and interest make appropriate provision for the public health, safety and welfare and the factors set forth in RCW 58.17.110; and comply with the Spokane County Zoning Code and other applicable development regulations. 1. Applicable Comprehensive Plan policies The Urban category is intended to provide the opportunity for a "citylike" environment, which includes various land uses, residential development and a high level of public facilities and urban services. Such services and utilities typically include public water and sewer, utility systems, paved and curbed streets, and storm sewer systems. Streetlights and sidewalks will be common, and specialized pathways may also be found. Parks will usually be associated with schools, but not exclusively. The Urban category is primarily a residential category of single-family, two-family, multi- family, and condominium buildings, along with neighborhood commercial, light industrial, and public and recreational facilities. The Urban category recommends a residential net density range of 1 to 17 units per acre. The more intensive uses in the Urban category, such as light industrial and neighborhood commercial, are expected to be located near or along the heavily traveled streets. The least intensive single-family residential uses should be isolated from the noise and heavy traffic, while multifamily structures will usually be a transitional use located between single-family residential and the more intensive areas. See Comprehensive Plan, Section 1, "Purpose" and "Detailed Definition". The Urban category includes, without limitation, the following relevant policies: Objective 1.1.a Promote fill-in within established development areas and existing outlying communities where utilities, arterials, schools and community facilities have already been established. Decision Guideline 1.1.1 Urban development will be approved in areas having adequate power supplies, water, sanitary and storm sewers, streets, and school and fire services, provided that such development meets the intent of other Objectives and Decision Guidelines of this section. Decision Guideline 1.1.2 Base net density for single-family dwelling areas and for multifamily dwelling areas may be increased through bonus densities, zero lot lines or similar methods when meeting the fill-in criteria. Decision Guideline 1.1.3 A multi family dwelling structure exceeding three (3) residential units or a development of such structures or manufactured homes (except those on single-family lots) should: a) locate adjacent designated arterial; b) locate near existing or planned public transit routes; HE Findings, Conclusions and Decision PE -1871-00 Page 6 A c) improve or maintain the consistency of adjacent single-family area amenities. Decision Guideline 1.1.4 A variety of densities and residential uses should be available to provide a freedom of choice to live in Urban areas with varying densities, combinations, or mix of uses (see detailed Urban definitions). Objective 1.2.b Ensure adequate open space, recreational facilities and parks for residential development. Decision Guideline 1.2.1 Cluster development proposals may be approved when such proposals are compatible with nearby development and when the overall defined Urban density on the proposal site is not exceeded. Decision Guideline 1.2.2 The need for recreation and open space created by residential developments should be met and be in conformance with ordinances, plans, and policies prior to residential development approval. Decision Guideline 1.3.1 Proposed Urban developments should be designed to benefit from, accommodate and complement the environmental conditions and environmental features. Decision Guideline 1.3.2 The design or adoption of a proposal shall consider the retention and maintenance of identified "unique environmental features". Decision Guideline 1.3.3 All Urban development proposals should require public sanitary and storm sewer systems or interium sewer systems to protect water quality. Decision Guideline 1.4.3 Urban development proposals and their design shall consider the retention and maintenance of affected fragile wildlife areas and/or unique environmental areas identified by the County. Objective 1.5.a New residential or multiple family should be buffered from existing adjacent land uses where adverse effects may develop. Decision Guideline 1.5.1 Buffering and/or landscaping will be used to mitigate the differences between proposed developments and existing uses. Decision Guideline 1.5.4 Sidewalk facilities will be required along arterials connecting residential areas with comnmnity facilities and/or commercial areas. Decision Guideline 1.5.5 Paved streets and streetlights should be required in Urban density development. Objective 1.5.e When a neighborhood experiences pressure for change in character, such change shall be permitted upon appropriate review. Decision Guideline 1.5.7 Before approving any multifamily housing or manufactured home proposals, it should be determined that such development will enhance the residential character or aesthetics, or will improve residential values of the area. HE Findings, Conclusions and Decision PE -1871-00 Page 7 Obtective 1.5.8 When determining whether a proposal will change the existing land use character of an area, factors to consider may include: a) the structure height of the proposal in relation to structure height of nearby structures, and b) whether new structures will have a positive or negative impact upon the neighborhood's architectural character. Decision Guideline 1.6.1 Before land use proposals are approved they should: a) confortn to plans, policies and regulations of County water, sewer, storms sewer, b) utility and special service districts; c) conform to County transportation plans and policies; and d) idents and take steps to resolve significant adverse impacts upon existing utilities, (i.e. water, sanitary and storm sewers, utility, available andfuture energy resources), and traffic systems The Arterial Road Plan describes the various classes of County arterials and their functions, and considers all other county roads as Local Access roads. The Arterial Road Plan maps designate arterials in the urbanizing areas of the county as Principal Arterials, Minor Arterials or Collector Arterials, in descending order of importance. The roads adjacent to the site are considered Local Access roads by the Arterial Road Plan. The primary function of Local Access roads is to provide access to adjacent property and deliver traffic to arterials. Such roads are to be designed and located to provide convenient access to residential lots, discourage flows of traffic through a neighborhood, and encourage continuous or unobstructed flow of traffic from a neighborhood to a neighborhood Collector Arterial. Comprehensive Plan, p. 247 and 260; and Decision Guideline 21.3.3. Decision Guideline 21.5.10 discourages "through" traffic from using residential access streets, and encourages making residential neighborhoods more attractive to family residents. This may be accomplished by utilizing physical and traffic management techniques such as offset intersections, circle drives, curvilinear street design and cul-de-sacs. The Transportation section encourages an adequate, efficient, safe, economical and energy - conserving arterial system; which provides convenient access to homes, employment, shopping, personal business and recreation. See Decision Guideline 21.4.2. Decision Guideline 21.5.3 encourages land use planning that will minimize the need for high capacity transportation corridors and encourages land uses in areas that can take advantage of the available capacity of existing arterial streets. Decision Guideline 21.5.11 encourages pedestrian facilities to enhance the safety and convenience of pedestrian travel and to provide access to neighborhood facilities. Decision Guideline 21.1.5 indicates that sidewalks should at a minimum be provided along all arterial roads and all local access roads which lead to schools, parks and shopping districts. The Transportation section states that proposed development may be required to dedicate needed right of way, or to widen, or assist in widening, 'existing transportation facilities; all in accordance with established road design criteria and official maps. Decision Guideline 21.1.7. HE Findings, Conclusions and Decision PE -1871-00 Page 8 • Sections 22-24 of the Comprehensive Plan encourage the review authority to consider t e impact of development on existing water and sewer facilities, and generally require that the u e of such facilities be in accordance with adopted policies and plans for utilities. Decision Guideline 23.1.2 of the Comprehensive Plan recommends that sewer facility planning and development be consistent with the Comprehensive Plan in regard to size, location and timing. Decision Guideline 23.1.3 indicates that capital improvement plans for sewer facilities should be used as an implementation tool for the Land Use Element of the Comprehensive Plan. The more restrictive of the policies in the CWMP and Comprehensive Plan are to be applied by public agencies using such policies. See County Resolution No. 96-0585. In 1996, the County adopted an update to the County Comprehensive Wastewater Management Plan (1996 CWMP Update), which is incorporated by reference into the Comprehensive Land Use Plan for the County. The 1996 CWMP Update designates 6 -year and 15 -year capital improvement areas where the County plans to extend public sewer service. T current site is located inside a 6 -year program area, and public sewer was recently extended iri Grace Avenue, which abuts the site on the north. See County Resolution No. 96-0585, adopting CWMP 1996 Update, p. 2-8, 2-10 and Exhibit 4-2. 2. Consistency of project with Comprehensive Plan; public health, safety and welfare - public use and interest infrastructure needs• applicable development regulations The site is currently zoned Urban Residential -3.5 (UR -3.5), a zone which specifically implements the Urban category of the Comprehensive Plan. Zoning Code 14.616.100 states as follows: The purpose of the UR -3.5 zone is to implement the lower density range of the Urban category of the Comprehensive Plan. The intent of the zone is to promote areas of primarily single-family residential use in an urbanized neighborhood setting, having a high level of public services. Lots shall be served by a public water system and shall require connection to a public central sewer system when available. Roadways shall be paved and curbed and may have sidewalk. In 1998, the UR -3.5 zone was amended to increase the base, maximum allowable density (net) from 3.5 dwelling units per acre to 4.35 dwelling units per acre. Such maximum densit} may be increased, through approval of bonus density under the PUD Overlay zone, pursuant to chapter 14.704 of the County Zoning Code. The development standards in the UR -3.5 zone are generally more restrictive than those in the higher density zones provided by the Zoning Code, i.e. Urban Residential -7 (UR -7), Urban Residential -12 (UR -12) and Urban Residential -22 (UR -22). Clustered housing is permitted in such zone. The minimum lot area in the UR -3.5 zone is 10,000 square feet and the minimum frontage is 80 feet, unless lots are clustered in a PUD Overlay zone. Within a PUD, the minimum lot area is 6,000 square feet, and the minimum frontage is 50 feet. See Zoning Code Chapter 14.616. The UR -3.5 zone allows single-family dwellings, two-family dwellings, and manufactured homes, but does not permit multifamily dwellings. See Zoning Code Chapter 14.605. HE Fundings, Conclusions and Decision PE -1871-00 Page 9 • • The Staff Report found that the project generally conforms to the Urban category of the Comprehensive Plan. The UR -3.5 zone, and single-family housing, generally implement the Urban category. The project, as conditioned, will be served by a high level of public services, including public sewer and water, paved streets and sidewalks, street lighting, and modem utilities. Public sewer can be extended to the project through a connection to the sewer line recently installed in Grace Avenue, without tearing up the pavement on such road. The project has near access to the major arterial systems, via Grace Avenue. The site lies in an area where public services and facilities have already been established. The project constitutes "fill-in development", as defined by the Comprehensive Plan glossary. The proposal lies between and in close proximity to at least 2 existing developed geographic areas (west and east) having densities and land uses that conform to their designated land use categories in the Comprehensive Plan. The lot sizes in the project would aid in the economic support of public service systems by increasing the cost-effectiveness of utilities and public facilities and services. The Urban category recommends an allowance for "bonus densities" for development meeting the "fill-in" criteria, although bonus density was not requested or needed for the project. The site is located within the interim urban growth area (IUGA) boundaries designated by the County, pursuant to the State Growth Management Act (GMA). Higher densities of housing are generally encouraged within IUGAs, as opposed to lands lying outside such designations. The site is served directly by public sewer, as encouraged by the County's interim development regulations for lands lying inside IUGA boundaries: See County Resolution No. 97-0874, Section 8. The preliminary plat makes appropriate provision for the public infrastructure and factors required for the approval of preliminary plats in RCW 58.17.110 and the County Subdivision Ordinance. The site is designated in the Public Transit Benefit Area, which Zoning Code 14.300.100 defines as the area where the Spokane Transit Authority is responsible for providing public transit service. County Engineering conditions, as amended at the public hearing, make provision for necessary road dedication, road improvements and drainage control. Local drainage ways are considered insignificant. See inter -office communication dated 8-3-00 from Spokane Regional Health District. The project is required to comply with the County's Guidelines for Stormwater Management. The 1999 Spokane County Standards for Road and Sewer Construction, adopted under chapter 9.14 of the Spokane County Code, implement the Arterial Road Plan and the transportation policies of the Comprehensive Plan, as well as County Subdivision Ordinance road requirements. See Spokane County Code chapters 9.12 and 9.14, sections 12.400.122 and 12.400.124 of Subdivision Ordinance, and County Resolution No. 99-0265. County Engineering conditions require the applicant to comply with the 1999 Road Standards. Direct access is prohibited from the project to Buckeye Avenue, by County Engineering conditions. Grace Avenue, which will be used to access the subject property, has no crossing streets between the arterials of Bowdish Road and University Road. The applicant is required to improve the proposed public road in the project, as well as Grace Avenue along its frontage, to HE Findings, Conclusions and Decision PE -1871-00 Page 10 • Local Access standards, including the addition' of curb, pavement and sidewalk. County Division of Planning condition #17 requires the installation of street lighting in the developm nt. There are no critical areas or environmentally sensitive areas on the site. The conditions of approval recommended by the Regional Health District and County Utilities assure that adequate and appropriate provision will be made for public sewer and water to serve the project. The local public water, fire and school districts were contacted regarding the project, but did not submit any written comments. The Urban category of the Comprehensive Plan continents that parks will normally be associated with schools, although not exclusively. See Comprehensive Plan, Section 1, "Detailed Definition". Decision Guideline 1.2.2 of the Urban category recommends that residential development provide recreational opportunities for its residents in accordance with the County's adopted plans. The 1989 Spokane County Parks and Recreation Plan, adopted by reference as part of the Recreation Element of the Comprehensive Plan, recommends that the County acquire and develop 4.5 acres of land per 1,000 residents for neighborhood/community parks. A large county park is found No county parks are located nearby, but some recreational opportunities will be provided at area schools. Pursuant to County Resolution No. 95-1005, adopted on September 12, 1995, the Board of County Commissioners formally suspended the use of voluntary agreements executed pursuant to RCW 82.02.020 to mitigate the impacts of new development on parks and recreation. The Hearing Examiner notes the restrictions placed on imposing such fees in the landmark cases of Trimen Development v. King County, 124 Wn.2d 261 (1994) and Henderson Homes v. Bothell, 124 Wn.2d 240 (1994). County Resolution No. 95-1005 states that the County is in the process of updating the 1989 Parks and Recreation Plan. Such resolution requires County Parks to consult with applicants for land subdivision proposals, determine the need for dedication of land within the development for parks, and provide information at public hearings on land use proposals regarding such matters. The project file indicates that the Division of Planning solicited comments from County Parks and Recreation as a consulting agency, but received no written response from such agency. A large county park is located within 2 miles driving distance of the site, along Mission Avenue, south of Interstate 90. A number of public schools are also located in the area. The Urban category promotes a mix of the land uses and densities contemplated in such category. The Urban category contemplates changes in the architectural character of a neighborhood that do not have a negative impact, and recommends that the height of new housing be evaluated in comparison to the height of nearby structures, when evaluating whether the new housing will change the existing land use character of the area. The County Subdivision Ordinance requires that the design, shape, size and orientation of the lots in the project be appropriate for the residential uses proposed for the site, and the character of the area. The lo s in the project generally satisfy such criteria, at stated below. HE Findings, Conclusions and Decision PE -1871-00 Page 11 • • The density (net) of the project is approximately 3.76 dwelling units per acre, which is approximately 13.6% less than the maximum density (net) allowed in the UR -3.5 zone of 4.35 dwelling units per acre. The average lot size in the project, at approximately 11,570 square feet, is approximately 16% larger than the minimum lot size required by the UR -3.5 zone. The project provides transition between the higher density, manufactured home park housing located to the south, and the larger single-family lots located north of the site. The gross density of the current project is 3.17 dwelling units per acre, compared to the gross density of the manufactured home park to the south of 7 dwelling units per acre. The lots in the project are roughly the same size as the single-family lots located east and northeast of the project. The single-family lots located north and northwest of the site range in size from 11,200 square feet to a half acre in size. The single-family lots located directly west of the site are approximately .9 acres in size, or about 3.5 times larger than the proposed lots in the project. Such lots have remained unchanged since they were originally platted in 1908. The project will place 3 new single-family lots adjacent to the .9 acre, single-family parcel located directly west of the site. However, the Examiner's site visit indicates that the southerly half of such adjoining parcel is currently used for pasture, and the potential exists to divide such lot for another residence. The owners of neighboring properties expressed numerous concerns regarding the project, including the age, condition and appearance of the houses relocated to the site; fire and safety hazards created by allowing the houses to be temporarily located on the site for extended periods of time; damage occurring to the relocated houses due to inadequate protection from the elements; incompatibility of the relocated homes with the neighborhood; impacts on property values; and other concerns. The relocation of structures, including temporary relocations, is controlled by chapter 3.09 of the Spokane County Code. The regulations in such chapter are administered and enforced by the County Division of Building and Code Enforcement, and are very comprehensive. Neighboring property owners must look to such agency, rather than the Hearing Examiner, to enforce such provisions. Enforcement of such code provisions may alleviate some of the concerns expressed regarding safety, security, compliance with building code requirements, and the length of time the houses remain on the site on a temporary basis. The Examiner has very limited authority to control the type of housing that can be located on the lots in the preliminary plat. Neither the County Subdivision Ordinance, nor the County Zoning Code, specify requirements for the design or condition of single-family homes located on lots in residential zones. Manufactured/mobile homes can be placed on any lot that meets the standards established for single-family dwellings and which lies in a zone where single-family homes are a permitted use, provided such homes meet modern manufactured/mobile home standards. See Zoning Code 14.808.060, and Zoning Code 14.300.100, definition of "manufactured (mobile) home". In large subdivisions, the quality and type of housing is often controlled through private covenants. The applicant described the houses that have been moved to the site as single -story homes, with approximately 800-900 square feet and 2 bedrooms located on the main floor, and full basements. The oldest home, which is currently set on a foundation, was built in the 1930s to HE Findings, Conclusions and Decision PE -1871-00 Page 12 • 1940s. The other 2 homes were constructed in the 1950s. All the homes were lived in immediately prior to being moved to the site. The applicant plans to update the homes with composition roofs, new siding, new floors new cabinetry if necessary, updated windows, etc. The homes will also be brought up to code in terms of plumbing, electrical, heating, insulation, etc. The smallest house will be enlarged through the addition of a kitchen and sunroom. The applicant hoped to market such homes, and any other homes moved to the site, in the $100,000 range. The applicant also testified that some of the lots in the project might be developed with stick -built homes. The applicant hopes to have the 3 homes located on the site by the summer of 2001, and has full financing for completion of the project. See testimony of Roger Michael Rubert, and letters dated 8-18-00 and 9-1-00 from Mike and Kris Rubert to Hearing Examiner. The applicant testified that he had relocated and remodeled a total of 20 homes in the county, all of which sold for more than $85,000. The applicant submitted photos of several homes relocated to lots in the South Hill area of the county, which were priced between $83,0 0 and $115,000. See photos attached to letter dated 8-18-00 from applicant to Hearing Examiner. The relocated homes appear to be somewhat more modern, larger and a more pleasing architectural design than the houses relocated to the current site, even considering the improvements proposed by the applicant to the houses relocated to the current site. The houses relocated to the current site appear more similar to the house relocated to the parcel that abuts the south half of the east boundary of the current site. This house was purchased by Bryan Weekl' from the applicant, for either $79,500 or $84,000. See photos in Exhibit B and C, and testimo7y of Bryan Weekly and Roger Michael Rubert. The single-family homes in the neighborhood to the north, east and west appear to have been constructed in the 1960s and 1970s, and most are well maintained. Two older homes, located a few lots west of the site, on either side of Grace Avenue, appear to be of a similar vintage to some of the homes relocated to the current site, based on the Examiner's site visit. Various estimates were provided by neighboring property owners of single-family home values in the neighborhood, ranging from $80,000 to $150,000. See letters in Exhibits A and C. The owner of a half acre lot (Lot B) in the short plat located northwest of the site, across Grace Avenue, indicated that he paid $120,000 for his home 5 years ago, and that his home was larger and newer than most homes in the neighborhood. See testimony of Ted Morris. The owner of the .9 -acre parcel located directly west of the site indicated that he paid $100,000 for his home a year ago. Such owner requested that a sight -obscuring fence be placed along the west property of the site, if relocated houses were placed on the west side of the project. See testimony of Chris Bancroft. The owner of a home located directly north of the site, across Grace Avenue, testified that his house was built in 1977 and was valued at $110,000. See testimony of Cary Schutz. Based on the above discussion, the Examiner estimates, without a great deal of foundation, that the median home price for single-family homes in the neighborhood is somewhere between $100,000 to $110,000. The manufactured homes located southerly of the site would logically be worth substantially less than this median price, even though relatively new. HE Findings, Conclusions and Decision PE -1871-00 Page 13 • • The Examiner does not find sufficient evidence that the homes in the project will have a significant impact on the architectural character of the neighborhood, particularly considering the manufactured homes placed at higher densities to the south. A significant part of the neighborhood opposition has to deal with the eyesore created by the applicant moving the homes to the site prematurely, and leaving them there in an uncompleted state. Once the homes were relocated, the applicant logically did not place all the homes on foundation and remodel them, because the preliminary plat had not been approved. One house was placed on its foundation, since the applicant does not need preliminary plat approval to develop one residence on the site. With final plat approval, the applicant can place the homes on the foundations and remodel them without fear of having to remove them. The Examiner has added conditions of approval requiring the applicant to relocate, store and develop any homes relocated on the site in accordance with applicable codes and regulations, and as represented by the applicant. The Examiner has also required the applicant to install a sight -obscuring fence along the west boundary of proposed Lots 1, 2 and 3 in the project, if relocated homes are placed on such lots, considering the size of the parcel to the west, and the location of 3 lots adjacent to such parcel. The Examiner has also added a statement in the Division of Planning conditions encouraging the applicant to consider the placement of stick - built homes, or more contemporary relocated homes, on half of the lots in the preliminary plat. The project is conditioned for compliance with the UR -3.5 zone, other applicable provisions of the County Zoning Code, County subdivision regulations, and other applicable development regulations. Tlie proposed subdivision meets the general design requirements specified in section 12.400.122 of the County Subdivision Ordinance, and other requirements listed in chapter 12.400 of such ordinance. No deficiencies with regard to the project's compliance with development regulations have been established in the record. The procedural requirements of chapter 43.21C RCW and chapter 11.10 of the Spokane County Code have been met. The Hearing Examiner concurs with the Determination of Nonsignificance issued by the Division of Building and Planning. No adverse comments were received from public agencies that would dictate a need for withdrawal of such environmental determination. The conditions of approval imposed on the project are supported by a number of SEPA policies adopted by the County identified in this decision, including the Comprehensive Plan, County Zoning Code, County Road Standards, etc. The above analysis indicates that the project, subject to conditions, generally conforms to the Urban category of the Comprehensive Plan. The project makes appropriate provisions for the public health, safety and welfare, and for the items of infrastructure and other relevant facts as provided in RCW 58.17.110. As conditioned, the project is reasonably compatible with adjacent land uses, and will serve the public use and interest. IV. DECISION Based on the Findings of Fact and Conclusions of Law above, the preliminary plat is hereby approved, subject to the conditions of the various public agencies set forth below. Any conditions that have been added to or significantly altered by the Hearing Examiner are italicized. HE Findings, Conclusions and Decision PE -1871-00 Page 14 Failure to comply with the conditions of this approval may result in revocation of this approval by the Hearing Examiner. This approval does not waive the applicant's obligation to comply with all other requirements of other public agencies with jurisdiction over land development. SPOKANE COUNTY DIVISION OF PLANNING 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which term shall include the owner (s) and developer (s) of the property, and their heirs, assigs and successors. 2. The preliminary subdivision applies to the real property described on the preliminary plat of record, submitted on May 25, 2000. 3. The proposal shall comply with the Urban Residential 3.5 (UR -3.5) zone, the Aquifer Sensitive Area (ASA) Overlay zone, and all other applicable provisions of the Spokane County Zoning Code, as amended. 4. The proposal shall comply with the Spokane County Subdivision Ordinance, as amended. 5. The final plat shall be designed substantially in conformance with the preliminary plat of record. No increase of density or number of lots, or substantial modifications to the preliminary plat, shall occur without a change of conditions application submittal and approval. 6. The Director of the Division of Planning/designee shall review any proposed final plat to ensure compliance with this Decision and Conditions of Approval. 7. A final plat name/number shall be indicated before the final plat is filed, such name/number to be approved by the Director of Planning /designee. 8. Appropriate road name(s) shall be indicated. 9. The street address for each lot shall be indicated on the face of the final plat. The Division of Building and Code Enforcement reserves the right to confirm the actual address at the time a building permit is issued. 10. The preliminary plat is given conditional approval for five (5) years, specifically to September 22, 2005. The applicant may submit an extension of time application at least thirty (30) days prior to the above expiration date, but no later than August 23, 2005. Application(sj for extension of time shall be processed under the provisions of Section 12.100.118 (Extension of Time) of the Spokane County Subdivision Ordinance, as amended. If the applicant compli6s with the criteria of Section 12.100.118, the preliminary approval and conditions will be cha4d to reflect the adopted policy and development regulations at the time of the extension application. HE Findings, Conclusions and Decision PE -1871-00 Page 15 • • 11. Appropriate utility easements shall be indicated on copies of the proposed final plat. Approval of utility easements by the appropriate utility companies must be received with the submittal of the final plat. 12. The final plat map shall indicate by a clear, dashed line the required yard setbacks from all private or public roads. The dedication language shall contain the following statement: "Setbacks shall be determined at the time building permits are requested unless these setbacks are specifically drafted on this final plat. The setbacks indicated on this plat may be varied from if proper zoning approvals are obtained". 13. Four (4) current certificates of title shall be furnished to the Division of Planning prior to filing the final plat. 14. Prior to submitting all or a portion of the final plat for review and approval, the applicant's surveyor shall submit one or more maps outlined in red of the area being finalized and delineate the area to remain in preliminary plat status. The scale shall match the appropriate Assessor's map scale. 15. The Division of Planning shall prepare and record with the Spokane County Auditor a Title Notice noting that the property is subject to a variety of special conditions imposed as a result of approval of a land use action. This Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released, in full or in part, by the Division of Planning. The Title Notice shall generally provide as follows: The parcel of property legally described as [ J is the subject of a land use action by the Spokane County Hearing Examiner on September 22, 2000, imposing a variety of special development conditions. File No. PE -1871-00 is available for inspection and copying in the Spokane County Division of Current Planning. 16. A copy of the homeowners/property owners' association articles of incorporation and/or bylaws and/or covenants and restrictions, together with provisions for maintenance of the drainage tracts/common areas and facilities, shall be submitted for review and approval to the Division of Planning prior to finalizing. 17. Street lights shall be provided within the proposed development. The location of street lights shall be illustrated on the final plat map. 18. Exterior illumination shall comply with Section 14.810.180 of the County Zoning Code, as amended. 19. Prior to approval of road and drainage plans, the applicant shall coordinate with the United States Postal Service to determine type and location of central mail delivery facilities which may include applicable easements for developments of three or more homes. Written verification from the United States Postal Service shall be submitted with any final plat application. HE Findings, Conclusions and Decision PE -1871-00 Page 16 ® • 20. The applicant shall contact the Division of Building and Code Enforcement at the earliest possible stage in order to be informed of code requirements administered/enforced as authorised by the State Building Code Act. Design/development concerns include addressing, fire apparatus access roads, fire hydrant flow, approved water systems, building accessibility, construction type, occupancy classification, existing exterior wall protection and energy code requirements. 21. A filed avigation easement satisfactory to the Spokane International Airport Board, Fairchild Air Force Base or other traffic control agency shall be provided prior to filing the final plat. 14 22. The applicant shall comply with the provisions of chapter 3.09 of the Spokane County Code, as amended, relating to relocated and temporary structures, regarding any structures relocated to the site. The applicant shall also comply with all building codes applicable to such structures. jk 23. The applicant shall remodel any relocated homes to at least as good a condition as represented by the applicant at the public hearing, as discussed in the findings of fact and conclusions of law in this decision. 24. The applicant shall install a 6 -foot high sight -obscuring fence along the west boundary proposed Lots 1,2 or 3, respectively, if such lots are respectively developed with a relocated house. 25. The applicant is encouraged to place stick -built hones, or relocated homes of a higher quality or more modern design than the houses currently relocated to the site, on half of the 1 in the project. SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior to release of a building permit or use of property as proposed: of is 1. Conditional approval of the plat by the County Engineer is given subject to dedication Of right-of-way and approval of the road system, as indicated in the preliminary plat of record. 2. A Professional Engineer, licensed in the State of Washington, shall submit final road and drainage plans, a drainage report and road and drainage calculations that conform to the 1999 Spokane County Standards for Road and Sewer Construction and the current edition of the Spokane County Guidelines for Stormwater Management. Final road and drainage plans shall also comply with all applicable state and federal laws that may be applicable to this project. Final road and drainage plans, related calculations and a drainage report shall receive the County Engineer's acceptance prior to release of a construction or building permit or approval of the final plat. Following plan acceptance by the Spokane County Engineer, drainage language will be� drafted by Spokane County and provided to the Sponsor's Engineer or Surveyor for inclusion with the final plat document. HE Findings, Conclusions and Decision PE -1871-00 Page 17 • • 3. Adequate drainage easements, granted to Spokane County and/or an acceptable maintenance entity, must be provided for all elements of the drainage plan, in order that proper maintenance may be performed. 4. The stormwater management systems and roads for this plat shall be constructed and certified to be constructed in accordance with the accepted road and drainage plans, or all the required improvements must be bonded for in accordance with Spokane County regulations, prior to the recording of the final plat. Record drawings and all construction documentation shall be submitted with the proper certification statement. 5. Pursuant to Section 9.14.080 of the Spokane County Code, no person shall construct a road or other facilities within the existing proposed, or future public right-of-way, or the private road easement in connection with the actions enumerated in Section 9.14.020 of the County Code, without out first having received a permit as specified in Section 9.14.070 (1) of the County Code for such facilities from the County Engineer. Said permit will not be granted until plans for the development have been accepted by the County Engineer. If this provision is violated, the County Engineer may decide not to accept a bond for the improvements and may require the project sponsor to build and certify the facilities prior to final plat. 6. The proposed subdivision is located within a drainage that has been identified by the County Division of Engineering and Roads, and the County Division of Utilities, as having stormwater runoff problems. Since the proposed subdivision is affected by or is a contributor to stormwater flows, property owners should participate in the planning and implementation of a future basinwide stormwater management system. The following statement shall be placed in the plat dedication: "The owner(s) or successor(s) in interest agree to join in any County -approved stormwater management program and to pay such rates and charges as may be fixed through public hearings for service or benefit obtained by the planning, design, constructing, maintaining or operation of stormwater control facilities." 7. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed engineer/surveyor, who shall furnish the County Engineer with "As Built" plans and a certificate in writing that all improvements were installed to the lines and grades shown on the approved construction plans and that all disturbed monuments have been replaced. 8. No construction work shall be performed within the existing or proposed Public right-of- way until a permit has been issued by the County Engineer. All work is subject to inspection and approval by the County Engineer. 9. All construction within the existing or proposed Public right-of-way shall be completed prior to filing the final plat, or a bond in the amount estimated by the County Engineer to cover the cost of construction of improvements shall be submitted. Construction certification, "As Built" plans and monumenting of the street centerlines shall be filed with the County Engineer. 10. The applicant is advised that individual driveway access permits are required prior to issuance of a building permit for driveway approaches to the County road system. HE Findings, Conclusions and Decision PE -1871-00 Page 18 ® • 11. A statement shall be placed in plat dedication that no direct access shall be allowed fron any lot to Buckeye Avenue. 12. The County Engineer has designated a Local Access Roadway Section for the improvement of the internal public road that is to be constructed within the proposed development. This will require the installation of 28 feet of asphalt. The construction of curbing and sidewalk is also required. 13. The County Engineer has designated a Local Access Roadway Section for the improvement of Grace Avenue, which lies adjacent to the proposed development. This will require the addition of approximately 6-8 feet of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. 14. The proposed plat shall be improved to the standards set forth in Spokane County Resolution No. 99-0265, as amended, which establishes regulations for roads, approaches, drainage and fees in new construction. 15. The County Engineer has examined this development proposal and has determined that impact of this proposal upon the existing County Road System warrants the dedication of additional Right of Way and the roadway improvements herein specified. the 16. The applicant shall grant applicable border easements adjacent to Spokane County Right of Way, per Spokane County Standards. SPOKANE COUNTY DIVISION OF UTILITIES 1. The 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 are also required." 2. The dedication shall state: "A public sewer system will be made available for the plat, and individual services will be provided to each lot prior to sale. The use of individual on-site disposal systems shall not be authorized." 3. Applicant shall submit expressly to Spokane County Division of Utilities, "under separ 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. 4. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the project. e 5. 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. HE Findings, Conclusions and Decision PE -1871-00 Page 19 6. Security will be submitted to the Division of Utilities prior to approval of sewer design plans. 7. Arrangements for payment of applicable sewer charges must be made prior to issuance of sewer connection permit. Sewer charges may include special connection charges and general facilities charges. Charges may be substantial depending upon the nature of the development. 8. 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 1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the County Division of Building and Planning to the utility companies, the Spokane County Engineer, and the Spokane Regional Health District. Written approval of the easements by the utility companies must be received prior to the submittal of the final plat. 3. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 4. Water service shall be coordinated through the Director of Utilities, Spokane County. 5. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. 6. 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. 7. 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. 8. 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 reproduction. 9. The purveyor will 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 HE Findings, Conclusions and Decision PE -1871-00 Page 20 • • 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 Spokane County, 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. 10. A public sewer system shall be made available for the plat and individual service will be provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not be authorized. 11. A statement shall be placed in the dedication to the effect that: "A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not be authorized." 12. The dedicatory language on the plat shall state: "The use of private wells and water systems is prohibited." 13. The final plat dedication shall contain the following statement: "The public water system, pursuant to the Water Plan approved by county and state health authorities, the local fire protection district, the County Division of Planning, and the water purveyor shall be installed within this subdivision. The applicant shall provide for individual domestic water service as well as fire protection to each lot prior to the sale of each lot, and prior to issuance of a building permit for each lot." SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1. All applicable air pollution regulations must be met. FIE Findings, Conclusions and Decision PE -1871-00 Page 21 • • DATED this 22"`' day of September, 2000. SPOKANE COUNTY HEARING EXAMINER Michael C. Dempsey, WSBA #8235 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution No. 96-0171, 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 issuance of the Examiner's decision, a party with standing files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to RCW 36.70C.040, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed. This Decision was mailed by Certified Mail to the Applicant, and by regular mail to other parties of record, on September 22, 2000. The date of issuance of the Hearing Examiner's decision is therefore September 25, 2000. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS OCTOBER 16, 2000. 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, (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. Copies of the documents in the record will be made available at the cost set by Spokane County. HE Findings, Conclusions and Decision PE -1871-00 Page 22 oZ 0 FOo� CDN CD cov m r� °' up n v o " a. c 0 3 c CD 3 N d 00 c c m D. Q CD a Q 0 = 57 CD �. o 3 73 vi (a m m m CD E., coc . N rn Q co cD up 0 CD � o o • o v CD C' 0 N J (D Q a a 0 ADDRESS UNKNOWN SPOKANE ssaippy alis PO BOX 29 SPANGLE WA 99031-0029 USA ssaJppy Jaumo C) 0 0 7 0 CD • I 3N LSI >J 132U1N_'l 61L0'Z609b r — r L ti r -t J 4 i en y.. 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