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27644 PE-1746 MICA VIEW ESTATES Page 1 0f I f a Merrijean Cadd Ernm: Enge1hard, 5cott [SEngelhard@spolcanecownty ocg] Sent: TuESday, IUlay 24, 2005 11 54 AM To: Saradra Raskell Subject• M ]MUo . iMO Vieuu P 'M 5andra, Finding No. 101 irom #he Heanng Examiner reads as fofi6ws: "The proposal will improve trafFic circulation for the existing single-famify I❑ts foeated sauthwest of tFae site, hy praviding an additiQnal rflute to the intersec#ion of Bates Road and Ponderosa Drive The appltcant's engineering consultant indicafed that a stop sign wauld Gkely be installed at fhe intersecban on Ponderosa Onrre and Bates Road, subject to the approval of the 6oard of County Cornmissicrners." No#e that it is a fnding arad nat a r,onditian I will check to see which jvnsdictian controls the in#ersection Scott Engefhard DiVisrora of Engiraeenng and Roads Spakane Caunty Pub[ic Works (509) 477-7265 ~ Fram: 5andra Raskell [mailtfl:SRaskell@spokanevallL-r.vrg] Sent: Tuesday, May 24, 20135 9:48 AM To; Elngelhard, Scatt Cc: Inga Note; Neil Kersten; John Hahman Subjecta,5tnp Sign far Mica View PUa Impor#an ce: High Scatt, Did yau find any inforrnatian for me far Bafes and Ponderosa? We haVe complamts daily that we need tn address. Thanks, • Sandra Rasketl= P.E. Develvpment Engineer City of Spokane IJalley 11707 EaSt Sprague Averaue Spokane Valley, WR 99206 Phone. (549) 588-0174 Fax (509) 921-1008 ~ ~ 619J2005 ~ SPQKANF, COLTNTY HEARING EX,A.MYNE12 RE: PreliminaTy PlatlPLTD of ~V'lica View Bstates, } in the Urban Residential-3.5 (UR-3.5) 2one, } FIN~.1ING5 UF FACT, A,ppI1CaT1t: CLC ASSOCIateS, Inc. y evNeLuSraNs mF LAw, Flle NQ. PE°1746-94/PUDE-1-94 ~ ~~CISIQN f This matter coming vn fvr public hearing vn August 22, 2001 and March 19, 2003, the Hearing Examiner, after review of the la.nd use application and #he entire recvrd, and itnding good cause therefvre, he"rehy makes the follawing f ndings of £act, conclusians of Iavv and decisian: 1. FINDINGS DF FACT 1. T"he subject applicataaza seeks apprtaval of a preliminary plat tv subdivide agproximately 54.1 acres intv 83 lots for single-family dwellings and six (6) cvmFnon open space tracts, and a Planned Unzt Development (PUD) averiay zane, in the Lrrban Residentiai-3.5 (UR-3.5) zone. 2. The site is generalYy located east of Pandervsa Drive and west of the Union Pacif c Raalroad right of vvay; in the NW I~ vf 5ectivn 4, Township 24 North, Range 44 EWM, Spgkane County= W ashington, 3. The site is currently referenced as Cvunty Assessor's tax parcel nas. 44042.9 1a8, 44442,4110, 44442.9124, 44042.9135 and 44042.9055. The site is legally described on the preliminary plat of record. 4. The applicant is CLC Assvciates, Inc., clo Andrevv Worlock, 707 VVest 7fih Avenue, Suite 200, 5pokaae, WA 99204. The site owraer as ISR Propertaes, 13419 East 32`d Avenue, Spokane, WA, 99216. 5. The Hearing Examsner heard the proposal pursuant to the +County Heanng Exanciiner C3rdinance (Cvunty Resalufiian Na. 96-0171) and the County Hearang Exaniner Rules of Frocedure (County Resaluti4n 1tiTQ. 96-0294). 6. The Heazz-ing Exam.iner candaac#ed site visits on August 21, 200I, November 13, 2001 and Apnk 9, 2003. 7. A public hearing was held vn the pxoposai on Aug,usfi 22, 200 1. The Exatniner lcft the record open aRer the public hearitag tntil October S, 200 I, to accept wziften cvmments by the jurisdictiona] fiare district and respanses t4 such carnrnents by the parties of record at the public heari.ng. ' 8. C]n November 19, 2001, the Hearing Examiner issued a decision requiring that a _ e Supplemental Enviranniental hnpact Statement (5EIS) be prepared fior the praposaP, fhat fully HE Findings, Conclusivns and T]ecision PE-1746-94IPiJDE-1s94 Page k addressed the irnpact of #he prapasal on fire and errsergency access in the Fvnderosa area, the adequacy of ennergency access fvc the praposal, and rea.svnable mitigation for Bates Roati shauld the capacity of such raad be exceeded hy cumulatr`ve impacts frorn #he proposal and other pa#ential develapment iA the uicinity, 9. (3n Octvber 34, 2002, a Draft 5EI5 for the groposal was issued. On Decembex 16, 2002, a Final SEIS £or the proposal was issuei. The Final SEIS was not appealed. 1[]. On 1'w'Iarch 19, 2003, the Examiner held a cQntinued puhlic kaearing an the prvpasal. 11. The requirements for public notice of hearzng for the hearing held on August 22, 2001 and March 19, 2003 vvere met. 12. The foiPowing persans testified at the public hearings: Tammy Tones, ]C}ivisaon o#'Planning Greg Baldwin, Divisian of Engineering 1026 West Braadway 1026 West Braadway Spnkaney WA 99264 Spokane, WA 99260 Andrew Worlock Todd Whipple 707 West 7th Av~er~ue, Suite 200 707 VVes# 7R Avenue, Suite 204 Spokane, WA 99204 Spokane, WA 99204 Tam Tvwey Calvin Srown 4821 Sauth Bates Raad 115 14 East 47h Avezaue Spokane, WA 99806 Spokane, WA 99206 Dave Mariow Tamat'a Murock 11{] 12 E. Pvnderasa 4729 South Bates Road Spokane, WA 99246 Spokane, WA 93205 Steve Shrope Catherine Hill 5611 S. Pieree 11 223 E. Ponderosa Drive Spokane, WA 99206 Spokane, WA 99206 Jahn Kirkland Karol5tartzel 11024 Panderosa Dtive 11346 East Ponderasa Drive Spokane, W A 99205 Spokane, WA 99245 R4nald Krebs Karen Flaten 11107 East SO'h Caurk 11217 East PQnderosa Spokane, WA 99206 Spokane, WA 99205 Mark Lee Herbert Thomi 11018 East 54`h Cvurt 115 06 East 47th Auenue Spokane, VV'A 99206 Spokane, WA 99206 - HE Findings, Conclusions and Decision FE-1746-941PUDE-1-94 Page 2 o, r Jeff Warren PrESton Racxl5ey 11516 East 48h Avereue 104 18 East Ferret 1Jrive Spakane, WA 99206 5pvkane, WA 99206 .Nick Krvnbauer 11409 East 48h Avenue Spokane, WA 99206 13. The Hearing Examiner takes nofice af the County Generalized Camprehensive P1arr, County GMA, Cvmprehensive Plan, Phase I Develapment Regulativns, County Axteria7 Raad Plan maps, County Critacal Areas Fnaps, County afficial aaning maps, Gount}, Zoiaing Code, County Code, County Critical Areas Qrdina.zace, County Srandards far Road and 5ewer Cozastnaction, County Resalutiozas referenced in this decisicsn, other applicable development regulations, and prior land use decisians in the vicinity. Thas in.cludes County development regWatreans in effect on Niarch 3, 1994. 14. Tlae record includes fhe documenCs in FiYe Na. PE-1756-941PLTDE-1-94 at the time of the pubiic hearing held on March 19, 2003, including all envirorimenta1 dflcuments; the dacuments and testimony submitted at the puYrlic Yaearing held vra August 22, 2001 and March 19, 2003; and the items taken natice of by the Examiner. 15. The site is 54.1 acres in si~e and is in'egular ira shape. The fiopography of the site ranges from relatively flat i.n fihe north end to rnaderately steep along the west and east bvrders, where slapes up ta 25-30°/v are found. The narth end of the site eontains a wetland and seasonal strearrn, and represents tbe low point of elev atian on the site. The subject property is vegetated vvith pandervsa pine trees, quaicing aspen and natave shru6s and grasses. 16. Tn 2001, Sgokane County extended a I2-nnch diameter, wet, pubtic sewer line thraugh the narth end v#'the site, Yretween Panderasa DriVe, north of 50"' Cvurt, and the intersectivn af $ates R4ad and Panderasa I]rive, within a 30-foot wide easement dedicated to Spakane County. 17. On Tanuary 1, 1991, the zaz-ung of the site was recla.ssified frarrr its zoning under the now expared County Zoning Ordinance to tlae LTrban Residentiai-3.5 (CCJkw3.5) zone, pursuant to the Program to Implernent the Spolcane County Zaning Code. See County ResvlutxQn No. 85-{19(10. T'he site is alsa lmcated in the Aquifer Sensitive Area L7verlay zone and Public Transit Benefit Area designated by the County Zoning Code. 18. On January 9, 1991, a draft envirarunental impact statement (DEIS) was issned for a development plan known as Mica View Estates, which contemplated subdividing 370 acres located south and southwest of Ponderosa Drive, east af the adjacent Unian PacifiG Railway right vf way, into 340 lots fmr singie-family hames and ower 70 acres vf cvmmon open space. The study arrea included the cuzrent site of 54.1 acres. {3n July 13, 1991, a final environmental unpact statement {FEIS} was issued fvr the Mica View Estates study area. 19. On 5eptember 17, 1991, the Board of County Commissioners held a public hearing an tkae - preliminary plat of Gu#hrie Family Tracts (File Na. PE- 1637-911ZE-2$-91 which graposed the HF, F'Mdings, Conclusions and Decision PE-1746-941ATJI]Ea1-94 Page 3 0 subdivisian of 9.6 acres in the NIiGa View Estates study area, lvcated direetly south,west of fhe current site, svuth of Gertrude Drive, intv 13 lnts for single-farrily homes. Such proposal also included a rezone frvm the UR.-3.5 and 5uburban R.esidential-I (SR-1) zones to the Suburban Residential-1l2 (SR-712) zQne. 20. C3n Qctvber 16, 1991 and December 16, 1991, respectively, the Bvard of Counfiy C4rtzmissianers adopted an vral decisian and a written decisivn to approVe Guthxie Famrly Trac#s (File Nm. PE-1637-911ZE-28-91). See Cammissioner's Document Nvs. 91-1392 a.nd 91-1643. 2 1, dn or ahout Qctober 16, 1991, a wildfirelfirestflrm swept through fihe ponderQSa area, burning hundreds of acres of farested ar undevelaped 1and, incYuding the current site, and destroying mare than 20-homes. The decisivn apprmving Guthrae Fanaily T"racts (Fxle Na. PE- 1637-911ZE-28-91) vvas based on the cecvrd established at the SepCernber 17, 1991 public hearing, and did nvt tnention the firestvrm event. See Cormmissivner's Document No. 91-1643. 22. The decisian approving Guthrie Family Tracts (File Na. PE-1637-91IZE-2$-91) required the plat sponscrr tcr set aside the arnount of $540 per 1ot in escrow, payable an demand by Spokane County, tv pravide for ~'iature construction of a railroad crossxng prowzding access ta Dishman-Mica Road in the vicirsity. The appraval was also cvnditioned on satisfjing the requarements of Spokane County Fire District 8 durang tYie building perrnit process; including #.he adoption of restrictive cavenarats apprvved by the fre district addressing fire protection cvncerzas, including raof t}pg, vegefative clearance around homes and access by fire-fighting vehicles. 23. The written decisivn apgrovzng Guthsrie Family Tracts (File Nv. PE-1637-911ZE-28-9 1) found that no further development of the Mica Vievv Estates study area shvuld be allowed once traffic volumes vn Bates Road reached 3,040 ane-way trips per day, unfil a new connectivn fram Bates Raad to I]ishmansMica Raad was constriacted. 24. In Nvvember of 1992, the final plat of C~uthrie Farnily Tracts was recazded with the Couniy Auditor. The dedication for the final plat requireci the sum ❑f $540 to be deposited in escrvw at the time of sale of each lot, payable to Spokane Cvunty, for the cvnstruction of a railroad crossing ta provide access to fihe area. The declieation alsv referenced restrictive covenants recorded far the firaal pla#, which implemented fire protection rneai.sures reconrtmended hy Fire District No. S. 25. In actobec of 19933 LSR Praperties, the owner of the current site, submitted an application for the preliminary platiPU,G of Mica View Estates (Fi1e Nv. PE-I746-941FLTiDE-1-94). The application sought to divide approximafiely 225.1 acres o£the Mica View strady area inta 134 lats for single-fa.t'nily hames and 69.4 acres of cominon apen space, along with a PUIl Overlay 2one, in the [JFt-3.5, 5R-1 and Semi-Rura1 Residential-5 (SRR-5) zones. This included the 54.1 acres making up the current site. The gret~.-~inary plat mapJPUD sate development plan far such gxapasal, dated Septernber of 1993, illustrated a24-fovt wide easement for fire access extending south from Pierce Road, and meandering southeasterly off-site (to Hallett Raad). ZC. On November 17, 1993, Spvkane County Fire Dastrict Na. S suhmitted a letter ta County p_ Planning requesting campletion of a second access rvad (fa Dishmart-Mica Road) as a condition HE Findings, Conclusavns and AeGZsion FE-1746-94IPUDE-1-94 Fage 4 P of appraval fvr the prelunanary p1at/PLTU of Mica Vmevv Estates. C3n the same date, CQUnty Engineering subrnitted conditions ofapproval in File Nv. PE-1746g941PUDE- 1-94 requesting, ammng nther requirements, that Caunfy Engineering atad Fire I]istrfct 8 cQncur on the raads required far public emergency access u,nder catastrophic canditions, priar tv a public hearing being scheduled on the Mica View Estates propvsal. 27. [7n March 3, 1994, LSR Progerties submitted a revised preli.minary plat map, prelizninary PUD site development pIan and environrnentai cheeklist in File Ncr, PE-I745-941PUDE- 1 -94, to divide 225.1 acres of land intv 1351ats far single-family residences, arid 76 acres of ccrrnmon apen space. On the sasne date, Cou,nfiy Flanning accepted the revised preliminary plat and PLJD applicatiQns as coztaplete. The revised map and site plan illustrated an extensian of Bates Road from Ponderasa Drive southwesterly through the current site; a fiiture connectian of Ba#es Raad ta I7ishman-Mica Road, at the extreme northwaest camer of t.he currerLt site, acrtass t,he Unian Pacific RaElraad right of way; azad arr off=site fire aocess easement frazri Pierce Road tv Hallett ltoad. 2$. In September of 1994, LSR I'rapeaties submiited a revised preiinninary pla#IPUD site deuelopment plan (dated August of 1994) in File No. PE-1746-94IPZTDE-1-94. The revised rnap and site p1an illustrated divxsion of apprvximately 218.4 acreS of the Mica View study area into 136 lots far single-famWily homes and 69.3 acres of cammon open space, along with a PUD C)verlay zone, in the UR-3.5, SR-I atid SRR-5 zones. The subject property cornprised the easteriy portion of such prelaminary p1atIPLTD. The rev gsed map an.d site plan illustrated tkae same fiFture cannectian to Dishman-Mica Road and fire access easernent ta Hallett Road shawn an the preliminary piat rnap and PLTD site plara submatfied on March 3, 1994. The revised proposal waas described izY more detail in a written corarrientary submitted by LSR Properties to County Planning on ]uly 8, 1994. 29. dre September 22, 1994, the Gaunty Hearing Exarriiner Ccarnmittee (novr defunct), at the request of LSR Properties, continued a gublic hearing scheduled on the grelimanary plat/I'UD of Mica Vaew Estafies (Fi1e Na. FE-T 746-94/i'iJUE-1-94). L n Octaber 31, 1994, LSR Froperties requested that tlae public hearing be cantinued inde£'unitely to a}.1ovv time ta redesign pvrtians of t.he pxelirnanaryo plat, meet agency concerns and address drainage issues aff~cting the proposal. 30. Tn January of 1995, LSR Praperties removed approxi.mately 150.27 acres, zaned SR-i and SRR-5, frnrn the preIiminary platfPUD in File No. PE-I745a94/PUL7E-1-94}, and divided such excluded land inta 15 parGelS of iand thxough the certificafe of exemptlon prace5s. SueYa parcels ranged fram 5-40 acxes in size. The apprava9 of the certificates of exemptian was canditioned on the resogution of access aGross one {1}-foat right of way strips reserved by the Cvunty at the south end of Pierce Road and the west end of Ponderasa llnve, respectively, in tie final plats of Guthtie Family Tracts attd Valley Vista Estates, prior to the issuance of abuilding percnit. See decisiflns in File Nas. CE-13-95 and CE-14-95. 31. On Nlay 23, 1995, the Board of Ccaunty Cammissianers, after a public hearing, auttaorized _ e access across the vne (I)-foot stfips at the sauth end of Pierce Road and the west end of Panderasa Drive far 25 parcels divided by L5R Pxoperties t,k-rvugh the cerkif cate of exemption - process. 'I'his included the 15 parcels of Fand referenced abave. Such author-ization was HE Findings, ConGlusions and Decision PE-1746-94IPLTDE-1-94 page 55 conditioned an County Engineering, Fire Distticr 8 and the Caurtfy L]ivision of Buildings approving the design of a paved private raad, confanning vvith fire access standatds, to be extended across the land divided by xhe certificates of exemptivn; improvement of a cul-de-saG at the west end of Pvnderosa Drive; and formation of a homevwners assvciation to znairitain the priuate road. Such authorization was alsa conditioned an dedieativn and improvennent of a new pu}alic access raad, exfending sauth Tram Pierce Road tv Hatlett Raad, aad rneeting Cvunty Loca1 Access rvad standards as de#erriined by Gaunty Engineering. See Caunty Rescalutian Nta. 95- 0573A, in Fiie No, CE-14-95. 32. County Resalution Na. 95-0573A, re#'erenced above, found that sederal homes had bcen destroyed by the 1991 wildfzre that swept through the Panderasa area; inadequate £are access and circulati'an pnsed a rnaj& safeiy cancern far residents at tne time; such concern had not been a1leviated; and a new pubYic road needed tm be extended frorta the subject certificate of exernptian parcels directly to HalYett Road, which road extends easterly to Dishman-Mica Rvad; in order tv safiegraard the public, adjaGent progerties and the owners of the certificate of exemptiQn parcels. 33. Effective 7aaauaiy t, 1997, the Caunty adapted a new subdiVisivn ordina.nce, pursuant to Cvunty Resolution No. 96-1224. 34. [7n Februuary 11, 1997, the County adapted interim urban grov,+th area (nJGA) bQUndaries for the unincaxporated area of the county, and adopted a mvratQrium vn development nutside County ICTGAs, pursuant ta the Sfiate Grovth Management Act. The subject prvperty and the above-referenced eertificate of exeznptian pzoperties were desigiated outside the iLTGA baundaries, which baundaries bvrder the site and Pcrnderasa I]rive an the norkh and vvest, arAd the railway line vn tk►e east. See County Resalution Nos. 97-0134 and 97-0135. 35. On Apri18, I997, the Couztty adopted interim develapment regulations prehibifing the submittal of preliminary plat and zone reclassif cations tn create a residential densxty gt-eater than one (1) dwelling unit per fve (5) acres on lands located outside the Cvunty NGA boundaries. Such regulations alsa prvhihited the extension of public sewer service autside designated 1UGAs, except to serve "vesfed" develapment, maintain existing levels of service in existing urban or suhurban deuelapments, and ather exceptians nat releWant to txe proposal; provided, suGh exceptions were nat ta be considered as inducements ta types ar leVels of gxowth that are inapprvpriate in the rural area of the county. See County Resolutian Na. 97-0321, 5ection~~ 4 and 5 of Attachment "A". See County Resaiution No. 97-0874, Attachment "A" 36. In OGtvber of 1998, final short p1ats in File Nos. SP 97-1128 and SP-97-1 I29 were recorded with the Gvunty Auditor, on land that was onginally part of the 1994 prelimninary platlPUD of Mica View Estates (File No. PE-174f-94JPCJDE-1-94). Since the applications for the shvrt plats were submiited prinr ta adoption of the 1UGA baundarries an February 11, 1997, they were found to be exempt from the interim develapment regulations adopted wifih regatd to the County ITJGA. See decisions in File Nos. SP-97-1128 and SP-97-1129. 37. Shart P1at Nv. 5P 97-1128 resulfied in the diVision of twa parcels of land, created by a certificate of exemptiQn in F'`r1e No. CE-14-95 and 9aaving a combined area of 1(].7 acres, inta twa ane (I)-acre parcels and a remainder parceZ of 8.3 acres. The one (1)-acre parcels are located HE Findings, Gonclusi4ns and I7ecision FE-174d-94fPUL]E-I-94 P age 6 southwest of the site, at t.he terminus of Pierce Road. The finaT shQrt plat dedscatian indicated the recording of a 50-fvvt wide priva#e roa€i easement extending south from the termanus of Pierce ].2oad ta the short piat boundary. Short Piat No. 5P-97-1129 resulted in the divisian of approximately 1.8 acres of Iand located dizeGtly southwest of the site, immediately norkh of the ha1f intersectian of Pierce Road and Gertrude Drive, inta three (3) parceFs of land. 3$. In 2000, the Caunty adapted interim development regulations ihat pm'bited the divfsian of land Iocated outside CotAnty ILTGAs into parcels smaller than five (5) acres in size thxough the certificate of exeFnptian process, or other pr❑cess. See County Resnlutivn Nv. 0-0705. 39. 47n Aprit 12, 2001, LSR Paroperties suhrnitted a revissd preliminary plat application, preliminary plat map and preliminary PUD site development p1an; and a concepfiual water, sewer and drainage plan; in File No. PE-1746-94fP"CTDE-I-94. On Augccist 1, Z(iDl, L5R Praperties submitted a revised preluminary PUD sits development pla.n. The Agril 12, 2001 preliminary plat anap and ttae August 1, 2001 preliminary FLTD site plazt respectively represent fhe preliminary plat map of recard (hereafter re£erenced as "prelimtnary plat rnap") and tLae preliminaty PUD site develapmenf pIan of record (hereafter referenced as "PL.Tp site plan") for #he current propvsal. 40. The prelirrainary plat maplsite plan subrnitted in 2001 illustrates divisian of 54.1 acres intv 83 lots fvr single-family dwellings, and six (6) common open space tracts with a com6ined area v€17.46 acres. The single-family lots range zn saze frvrn 10,000 square feet to over 1.4 acres, with an average iat size of approximatePy 1£,770 squaxe feet. The comman open space in the prvpvsal represenis 32% Qf"the gross area of the site. 41. The proposal wauld be served hy a paVed public road, extended frQm the half inter5ectian of Bates Road arid Ponderasa Drive, at the northeast eomer of the site, ta Gertrude Drive at the southvaest camer of the subjec# praperty. The public rvad vvould inc1ude sidewalPcs and curb an both sides. See pubkic zoad section iflustrated vn fihe prelimnnary plat map. Private roads and driveways wvuld be conuected ta the public r4ad within the pIat baundaries. The private rvads wauld he paVed, and have a6-fvat wide paded pathway on vne side. The preliminary plat indicates future ccsnnection of the praposal to Dishman-Nlica Road, tQ be extended by athers. 42. The PUQ site plan iliustrates the general lsacatian of housing on the lots in the prespvsal, the front facade and building faotprint of a ty+pical dwellang urit, atyaical private road sectivn, and building setbacks. Common vpen space tracts A, B and C, which have a cambrned acreage of 17.46 acres, would provide natural open space, wetlands and wetland buffersy a wetland repiacement area and storTnwater drainage. Tracts TJ, E a,nd F, which have a combined area of .63 acres, vvrauld be reserved for priuate driveways, d.LalIIage aItd I1t1I.1t1e5. The PUD Sp~e pian does not include such acreage in the calculation of cozrunon apen space under the P[TD Qverlay zone. .4 hameowners assDciation wauPd rnaintaan the cvmman open space and private raads in the propvsal. The PLTI3 site plan illustrates develapment of the proposal in, three (3) phases. 43. C7ii June 18, 2001, the Caunty Division of Plaaining issued an Addenduzn ta the Mica View Final Enwironmental Inapact 5tatement (F'EIS), relating speciScally to the current prapasal. HE Findings, Conclusians and Decision PE-I746-941PUDE-1-94 page 7 a . 44. ,As stated above, a putrlic heasing was held an the currenk propnsal on August 22, 2001 artd March 19, 2403, and aDraft SEIS axad Final SEIS were submitted between such hearing dates. 45. ~ffective Tanuary 15, 2002, the County irniplemented a nevv Cvmprehensive Ftan (`°GMA Cvrnprehensive Plan"), Capital Facilities Plan, Caunty Urban +Grawth Area {UGA} boundaries, and Phase I L3evelapment Regulations; puasuant to the State Grcrwth NTanagemegat Act. The Cvunty alsv repealed the interim developmenx regulations previously advpted by the County under the 5tate Crrawth Management Act. See County Resalution Nos. 2-0037 and 2-0474. 46. The site is designated in tlie County UCiA and in the Low Densityr Resrdential categnry of the G.1'vIA Cornprehensive Plan. The Phase I I]evelopment Reguiations retained the UR-3.5 zvning of the site. 47. County Critical Area maps designate priority wiidlife habitat far white-tanled deer in the svutherPy two-thirds (2J3) of the srte, a Type 4stream with a 75-fvat wide riparian habitat buf$'er extending across the nvrtherly part of the site, wetlands along the nvrth a.nd vvesterly bQrder of the site, art erodable sopl~ geo-hazard in the sauthwest comer vt'the site, and an alluvkum gea- hazax°d aiong #he easterly border of the si#e. 48. An elevated rOway line and railroad right of way barder the site on the east. A seasonal stream originates west of the site in a mauntainous area, crosses Ponderosa Drive through CL11VeI't5 7t Soih CC}urt, ar~d flmws easterly tYirough the north end of fihe site. Flaw from the seasonal strearn leaves the site through a 1arge concrete culVert extending under the adjacent railway line, alang the east barder of the northerly end of the site, and contizaues easterly under I3ishrnrnan-Mica Road to Chester Creek, 49. Dishman Mica-Road extends through the area fram n4rth tv south, east of fihe railroad line that nuns through the area. The Caunty Arterial Rvad Plan in the fiMA Camprehensxve Ylan designates Dishman-Mica Road and University Raad (narth of Dishman-Mica Road) as Urban Frincipal Arterials. Such plan designates 44h AVenue (cast of 5chafez Rflad), Sands Raad, Bvwdish Raad {north of Sands Rvad} and Schafer Road as LTrban Minor Arterials. 50. In 1990, the CQUnty Arterial Road Plan in t.he Generalized Comprehensive Plan designated Bates Rvad as a Collectar Arteri.al, fiom 44th Avenue svuth to approximately 48Yh Avenue, arid then extending southeasterTy acrvss the nearby railraad line in a future cornection to Dishman- Mica Road. Such fiiture connection was shawn ta crass the railway line narth of the halfi intersection of Ponderosa Drive and BaCeS FLaad, and narth of the above-referenced caalvert and seasanal stream. See Mica View Estates DETS, p, 30, and Arterial Road Plan maps. S 1. 'I'Iie County Arterial Road Plan in tae CxMA Comprehensive plan considers Bates Raad in its existing alignment as a Local A.ccess raad, and does nat desigr►ate any future connection of such road southeasterly acrass the nearby railroad iine to Dishman-Mica Raad. 52. Hallett Road, Iocated .6 miles sQUth of the site, is cansidered aCountry Local A.ccess road. HaIlett Road is a graveled public road that extends west fi'om I]ishman-Miea Road fvz about ane- third (1I3) rnile. Such rvad has a signalized, at-grade cxQSSing of the Union Pacific railway 1ine HE Findangs, Canclusions and Decision PE-1746-44IPUDE-I-94 Page 8 0 west of Dishman-Mica Raad. 5ee Gounty Eng'rneer's plat map far Section 4. A private road extends westerly firom the west en.d of Hallett Road for a considerable distance, proViding u.npaved road access tQ abutting acreage parceis. Thez'e is presently na roai cviaziection betuueen Pierce Raad and Hallett Rmad. 53. The [and nei,ghhoring the site is designated in the Low Density Residential categary of the GMA Comprehensive plan; except the iand 1ying tv the svuth and southeast, and the land lying at same distance svuthwest of the subject property, vvhich land is designated in the Rura1 Conservation category. The phase IDevePQgrnenfi ReguYations retained the L3R-3.5 aoning of such land, except fvr the Iand lying directly southwest of the site that was preyiously zaned Suburban Residential-1 12 (SR-P12), which was reclassified to the Urban kesidential-7 zone. 54. The Phase Z Aevelapmerct Regulatians reclassif ed the zvning of the tand lying souttt, svutheasf and some distance sauthwest of the site fram t1ae Suburbazt Ftesidential-i (SR-1) zane to the Rurai Conserrration (KC) zone. 55. A fre statian is found at the intersection of 44,h Avenue and Bates Raady approxamately one-quarter (114) mile narth of tlle site. Some commerciai senjices are available to the Panderosa area in the unincorparated cnrnmunity of Chester, which iies approxirnately 4ne (1) rnile nort.h of t,.he site, in the vicinity of the intersection of Dishnaan-Nlica Road and Bawdish Road. Sd. The land iying north ofthe site, the fand lying west of the northezly thi,zd (1f3) of the site, the land lying between the sQUtherly third (113) of fhe site and Ponderosa T7rive, and the land lying directly soazthwest of the site is deweloped £or single-family homes on lots of similar size tv, ar lazger tfian, the lots propased in the proj ect. The parcel of 1and located belween the site and PC1I1deL't]5a L}PLWe, oppvsite 50'h Court, is undevelaped. 57. The Iand lying rvest ❑fthe southerlytwo-thirds (213) of the subject property, northwesteriy of Panderosa Drive, is zaned UR-3.5 and includes 6.7 acres of undeveloped land located alang the nsarth side o£Ponderosa Drive. Such land is owwned by Spokane Gounty and canfiains vvetlands and a seasonar stream. T'his area alsa includes appraxunately nine (9) acres of undeveloped larad cvntrolled by L5R Praperti.es. See parceI inforrnatian in pubIic nQtics paGket. 58, The Dand lying east of the site and the adjaining railraad right of way, west of"L)ishman- Mica Road, cansists of scattered single-family hornes or undeveloped land on acxeage parcels. T'he land Tying svuth of the suhj ect prcaperty consists of single-faneily hvmes az undeveloped land an acreage parcels. 59. Qn Navember 5, 1995, Caunty Ptanning (Jahn Pederson) issued a letter ta a representative (Dean Franz) for the applicant andicating that the preliminary p1atJPiJD of Iviica View Estates was accepted as a camplete applicatian an March 3, 1994 and consitiered "vested" as of such date. The County Division of Planning staff arepart submitted far the August 22, 2001 hearing on the prapasal also concTuded that the subjec# application was vested in 1994, and accordingly was nflt subject to the land use prmcessing requirernents set fart}:a in County Resolution riv. 95-0293; vvhich was advpted to implement chapter 36.70B RCW. HL Findings, Conciusions and Decisian PE-1746-94/PUDE-1-94 Page 9 v 50. Under Washingtan case law and ILCW 58.17.033, the sutrmittal of a complete preliminary plat appiication and planned unit develogment appiication uesfis the develQper with the right ta divide the properiy and develop it in the rnanner disciased in the su6ject applicatians accarding ta the land use Iaws and zvning laws irm effeGt on the date such cotnplete applications were submatted. See Rural Residents v. Katsrap Gaunty, 141 Wn.2d 185, 4P.3d 115 (2040); and Noble Manor v. Pierce County, 133 Wn.2d 259, 943 P.2d. 1378 (1997). 61. The eurrent applicatian submitted in 2001 would nat be cvnsidered "Vested", pursuant ta County Rescrlufiion 96-0293, chapter 36.70B RCW ar the County 5ubdivisinn Ordanance, if it substantxally reVised nr rnodified the applicatian, preliminary plat rnap and PUD site development plan submitted in 1994. See RCW 36.70B,090 (2)(c) and Sectian 12.10(].120 of the Spokane County +Cvde. ~ 62. The 1994 version of the preliminary platlPUD of Maca View F-states izavolved a mucn Zarge,r site of 218.4 acres. The density ("net") of t}ae 1994 preliminary platlPLTL7, under the density Fvrmula set forth in the PLJD Overlay zane, was apprvximately .56 dwelling urtits per acre. The density ("net") of that portion of the 1394 preliminary platlPUD comprised by the current site of 54~1 acres was approacimately 1.1 dwelling unit per acre. This i~~luded t.he proposed develagment of 52 single-family hornes on the current site, 63. The current prelirnanary p1at/PUl) excludes appraxiznately 164.3 acres of Tand fhat were in the 1994 preliminary platlPLJD. The excluded acreage includes 150.27 acres d'mvided by certificates of exernptiou in 1995, which land has heen re-tiivided tv creafe at least 16 paxcels of land. These parcels have not yet been develaped, because the public access raad connecting Pierce RQad to Ha11ett Rvad, as required by County kesolution Nca. 95-0573A, referenced abvve, has raever been constru.cted. LSk Praperties sti11 cantrois such lartd, except for the two (2) lats un 5hor# Plat N0. SP-1 128-97, which bave been canveyed ta others. See parcel infarmation in publie nptice packet. 64. A tot.a1 of 15 of the 16 parcels owned by L5R Properties, lvcated in tYae 1994 preliminary platlPUD but exCluded fram the current project, are ltacated flutside the UIrA, are designated in the Rural Conservation category of the GMA Camprehensave P3an, and are zoned RC. These 15 garcels have the potentxal of beinp; divided into no more than 18 single-family residential lats, under the RG zane. See 17raft SEzS, p. 13. See land divasions in File Nos. CE-14-95, CE-I5-95 and SP 112 8-97; and preiirninary plat mapIPUD sife p3an dated August of 1994 in File No. PE- I746-941FU7E-1-94. 65. The remaining parcel o£the 15 parcels cantralled by LSR Prnperties is nine (9) acres in size, lacated in the UGA, designated in the Law Density Residentiat category of the GMA, Camprehensi~e Pian, and zoned LTR-3.5. Such parcel vuas illustrated as cornmvn open space vn the 1994 greliminary plat mapIFU1], and faces development iimitations due to the presence of adjacent wetlands arnd moderately sEeep tapography. If developed at t.he same gross density as the cuirent proposal, whach appea,rs to be aconservative assumptinra, apprvximafely 14 singie- family lots cauld be created on such parcel. See Dzaft SEIS, p. 13; and testimany 6f Andrew Warlack. - HE Findings, Conclusions and 77ecisaon FE-I745-94CFU7E-1-94 Page 10 66. .As indicated above, approximately 1.8 acres of the 164.3 acres excluded from the 1994 prapasal were d.iwided into three (3) paa'cels by the final plat of 5F 1129-97. 67. LTnder the above analysis, up to 35 single-family homes cvuld potentially be develaped on the 164.3 acres excluded from the 1994 preTiminary plata+'PUD, under current regulatians and canditions. The cunent propQSal would create 83 single-famiLy lats, far agrand ta#al of 118 single-famiPy rasidences that could gotentially be developed on tie 21$.4 acres contained in the 1994 pretiminary glatiF'LJD, wnder current regulations and vesting rules. Thas represents 1$ fewer singJe-family lots than the 136 single-family lots prc+posed in the 1994 preliminary ptailPTJp. 68. The TJR-3.5 zane currentZy imposes a maximum residential density {"net'°} vf 4.35 dwelling units per acre, a mirurnurri Tot area of 10,400 square feet, and a minimum Iat frontage af 84 feet on a public or priVate road. V4lithin a PLTL7 OverPay zone, the UR-3.5 zane provides far bflnus density, aminimum kvt size of 6,000 square feet and a minimum lat frontage af 50 feet. The ma;Yimum building height in the LTR-3.5 zone is 35 feet. 59. LTnder the County Zoning Code, residenTial derisity ("net") is calculated in a diff'erent manneg for a preliminary piat subject fn aPUD 4verlay zane than apreliminary plat nat in a 'FUD C}verlay zone. See Zaning Code 14.300.140, definixiarn of "density", and Zoaung Gode 14.704.305. The density ("net") of the cuzrent prapasal calculated under the PUD Overlay zane is, in pertinent part, equal ta the praposed number of dwelting units diaided by the difFerence between the ,gaross area of the site less the area Qf the prelimi.tiary plat taken up by raads. The density {`net"} of the prQposal under this fmrrnula is 1.68 dwelling uni#s per acre. 70. The PLJ7 srte deveFopment plan does nat correctly state the amount af coanmon open space in F`hase 2 flf the preliminary p1at/PUD, and does not cartectly calculate the densities ("net") of the three phases af the prelirninary platlPUD under the density formula 1isted in the PCTD Overlay zone. The c❑rrect densitmes (`•net") of phase 1, 2 arid 3 are respectively 1.54, 1.45 and 2.24 dwelli.ng units per acre. The denstty {net} of the entire prelirninary platl'PUT) is 1.68 dwelling units per acre. 71. 'I°he subject preliFninary p1atIPC TD signif cantly increa.ses the density of residential units ❑n the 54,1 acres of the current site, campaared ta the 1994 preliminary p1at/PCTQ. Hawever, the current site is zoned T.]R-3.5, and is an extiension of urbanl'su'burban devePagrnent to the narth, northwest and southwest. Further, the land in the 1994 pxvpasal nat included in the curcent preliminary platlPUD is mostly subject to development at a much lower density of residen#ial units, under current xegulatiQns, than deVeAopment of such land under the 1994 propasal. Such excluded land is primariTy Iocated in the Rural Consmation category af fhe GME1 Camprehensxve Plan, zoned FLC, naore rural in character, and divaded i,nto parcels five (5) acres in size ar larger. 72. Based on the abcrue analysis, the cumulative number of dwetling uru#s deuelvped vn the 218.4 acres in the 1994 preliminary platfPUD, under curarent regulations, is unlakely to exceed the nurnber af residential units prapased on such acreage under the 1994 propasal. Accordirhgly, the current preliminary platlF'TJD submitted in 2001 does raot represent a substan4ia1 revisian ar HE Findings, Cnnclusions and Decision PE-I746-94lPLJDE-1-94 Page 11 0 madificativn of the preliminary platlPLPA submitted in 1994, and must be cansidered under the Iand use regulations in effect vn March 3, I994. 73. In 1998, the County Zaning Cade was amended tv increase the maximum a1lovyable density ("net") in the UR-3.5 zone frarn 3.5 dwelling una#s per aere to 4.35 dwelting unats per acre. See Caunty Resolutian No. 48-4482. The proposal cannot taice adva.ntage of such i,ncreased maacimum density, without LSR Fraperties wai`r'tng its vested rights ta develap the site under the deVelQpment regulations in place an 1994 a.nd revising its application. 74. The proposal is nat subject to t.he 1and use processing requirements of Cvunty Resolution No. 96-0293, the current Caunty SubdiVision Ordinance, fhe Cvunty Gri#ical Areas ardinance; the Phase I x7evelognneni Regulatigns, the GNA Cvmprehensive P1a.n, and ather devetvpment regulatiQns adopted after Marcb 3, 1994. The preliminary p1at2'UD is subjecf to review untier the County Czenerali.zed Comprehemsive Plan. 75. The site is designated in the Urban categvey vf tkae Generalized Coanprehensive Plan. The subject praperty is als❑ designated in the Aquifer Sensitir+e Area, Priority Sewer ;ervice Area and Public Transit Benef tArea designated by such p1an. 76. Neighboring property owners opposed the project based on taffic impacts an neighbaring raads, the adequacy of fire and emergency access, lack vf sidewa1ks in the neighborhaod, irnpacts ta weflands and wildlife, ciz'ainage impacts, density, water pressure, and other concems. See letters submitted by neighboring progerty ovvners, corninents subrnitted ta Draft SEIS and testi.rrpvny submitted at puhlic hearings. 77. The Caunty Comprehensive F1an was adogted in 1981. The site is designated in the L7rhan category vf the CQrnprehensive Plan. The Urban category is intended ta provide trie vppartunity for deVelopment af a"citylike" environment, which includes various land uses, residential develapment and a hagh 1eve1 af public facilitaes and urba,n services. This typically anctudes public water and sewer, uYility systems, paved and curbed streets, and stonn sewer systemi,s. 5treet lights and sidewalks witl be corriman, and specialized pathw+ays may aFso be common. Parks wi11 usually be assaciated with schooIs, but nat exclusively, 78. The Urban category recan}rtlends a variety af dsnsities and residential uses, including areas with varyirag densities, carnbYnatians, or mix af uses. The recommended rannge of resFdential net densities in the Urhan category is 3 tv 17 units per acre. See Comprehensive Plara, 5ectimn 1, "Purpase" and "I7etailed DefiriiEian". 79. The Urban category includes, withvut limitatifln, the fo114wing releva.nt policies: CJlajective l.l.a Promotefill-in within established develaprnent areas and eacisting outlying communzties where utilitaes, rcrteria2s, schnots Qnd corrarnunity facilitaes have a2reudy beera establi.shed, Decisaon Guiderine 1.1 o I Urbcara develapmerat wi2l be appravea' an rzreus having adeqttate power suppltes, wrxter, ,sanatary and starrn sewers, - streets, and schrol rrnd fare ser-vace.r, pravided that such develapment HE Findings, Gonclusians and Decision P'E-i746-94JPLTDE-1-94 Page 12 9 rneets tlae intent of other Qbjective,s and Decasion Guidelanes of thi.s S8Ct2on. Decision Guideline 1.1.4 A variety of denstties and residential u.ses should be available ta provicle a fteedom of cherice ta Five in Llrlaan areras wath var}+ing densirzes, combaraataans, or mix af uses (see detczi2ed Urban definitions). C3bjective 1.2.h Ensure adequate open space, recreataonal faci2ities and parks far resadential deveaoptnent. Deci.szora Guideline 1.2.1 Gluster developmant may be approverl when such pYoposals are campatrble with nearby development and when the Dverrtll dened Urhan derzsity on the proposal site ts not exceeded. .fleci.rivn Guideline 1.2.2 T7ze need for recreatian anri apen space created Iry residentir 1 rieuelopments .rhouId be met and be zn canformanee with ardinances, plans, artdpalicies przar ta residential develapment approval. Decisivn Guideline 1.3.1 Proposed Urbrrn develaprnerats shauld $e designed tra beneftt fram, accomrnodrate and camplement the E71ViYon771e1'dtC1l COndIfio115' CIldd L'iils•'IrDi11it@lltCllfeQtuT'&5°. Decision Guideline 1.3.2 7he destgn ar adaption of a proposal shail cansider the retention and maintenance of identied "unique environmerttal features .Deci.saora Guideline 1.3.3 Rll Urban development proposals should require public sunitaYy and stvrm sewer systerns or anteram sewer systems to protect water qucrdity. Decision Guideline 1.3.4 Acttuities should be guided by policaes vutlined warhin the State Sharelines Management.4ct and the Spolc,ane Caunty ShoredinQ Pragram. Deca,sion Guideline 1.4.1 Development shall not occur vn lands zdentified as being an a 1 00 y+ear flovdplain ar as having a history of flaading, uraless the developer^ constructs mechranisrras: a) acceFterl by theflnancing institutian and by the County Enganeers cas capahle ofprotectirzg life arcd propertyfrarn fload damage,• and b) which do not increase or charzge waterflows which may rlamrzge other property. Deci.saon Guideline 1.4.2 Arecis wzth steep slope.r, susceptibility to landslades, or other huzards should not haue Ur$an land uses unless it is shown by the devedaper that such hazard areas can be rieveloped at Urban densitaes. Decasaon Guideline 1.4.3 LTrban development praposals and tlzeir desigrz shalt consider the reteratiora and maantenance of'czffected fragtle widdl fe carea.s andr'ar unique enviranmental areas zdentzed P ythe +Caunty. HE Firidings, Conclusaons and Decisian PE-I 746-94IPUDE-1-94 Page 13 0 Objectave 1.5.ez New residentiad flr multaple-family slzauld be buff'ered from exi.sting adjacerat land uses where adverse effects may develop. Decision Ciuideline 1.5.1 Buffering andlar landscaping will be used to matigate the differences betweert prvposed developments and e-xisging uses. Decision C'ruzdeline I,5.4 Sidewalkfacrlities wild be required alDng arterials connecting residential arears with cammunaty fcacilitaes andlar commerciaI crreas. Decision Guideline 1.5.5 paved street.s and street Iights should be required an Urbran derrsity devedoFmenr. Qfijective1.5. eBlhen cr neighboncood experiences pre.rsure far change in character, such change shrzll be pertnitted upon appropriate review. C1bjective 1,5.8 k'hera determfning whether a proposud will ch.ange the existing land use charaeter af an area, , factars ta cDnsader may ancdude: a) the staP-ucture height ofrhe praposal ira redation ro strueture height of nearby structures, and b) whether new st,r°rtc,trr.cres wtll hQVe a posative or negative arnpact upcrn thc neighbarhaod 's arch.atectural character. Decision Guideline 1. 6.1 Before land u.se proposals are apprrvsd they should.° a} canform to plarrs, policies and regutations of County wa2er, sewer, storm sever, uriltty andspecaal service disrricas; b) confarm to Caunty transportatiora plan„r and palicies: and c) zderrtif~++ and talce steps to re.sQlve szgnfficant adverse impacts upan extsting utilafaes, (i.e. water, sanitary and stvrm sewers, utility, avrzglable and f cture energy resaurces), and trajftc systents 80. The T"ranspartation section of the Camprehensive Plan conta,ins the Caunty Arterial Road Pian (ARP), and pvlicies reLating to develapment and uses along Caunty arterials and IocaI access roads. Calmprehensive Plzin, Sectian 2 1. The ARP designates and desctibes various classes of Gounty arterials. The remaining puhlic roads are cvnsidered Lacal Access rvatis. Recvmmended right of vvay widths and improvement standards for such arterials are listed in the ARP. 81. Decision Guideline 21.1.3 af the Transpartation sectivn recammends that latzd use progasals contain pravisians for extensions, aligmnents and adequate right af way acquzsition for designated Goutaty Arterials. Decision Guideline 21.1.2 recvmmends that such pravisians inciude future road c~ontinuance thraugh a project site, wifh special attention givem to ensure that all adjacent property has access to a public raad. The Transpartation sectivn encaurages an adequate, efficisnt, safe, economical and energy-conserving artenal system; pr4viding converuent access #a hmmes, emplayment, shapping> pearsonal business and recreativn. See Decision Guideline 21.4.2. Decision Guidelines 21.4.5 and 23 .5.7 recammend that the functian of existing and future arterials be preserved, hy controlling lantt uses, parking and direct access along the arterials. HE FAT1dlIlgS, Conclusions and Decision PE-1746-94IPL3i]E-I-94 Page 14 82. Decision Guideiine 21.13 of the Transportation sectican eracourages preserving the integritY of residential neighbarhoads, erahancing the quality of life in neighborhands and protecting th.e physicak enviro=ent, ftough sensitive develapment of arterials. Decision GuideXine 21.5.3 encQUrages 1a.nd uses in areas tkiat can take advaratage vf the available capacity of existing arterial 5t1'eet5. 83. Decision Guideline 21.3.3 of the Transportation sectian states that access roads should he designed to pravide access #a abutting praperty, arad deliver traffic to arterials. Decision Guideline 21.5. 10 recvmrnends that "through" traffic be discouraged fr4rn rasrng residential access streets, using techniques such as affset intersectians and cu1-de-sacs. Decision GuideYines 21.1.4 and 215.11 encourage the placement of sidewallcs along aIL arterial roads artd all access raads vvhich lead ta schoals, parks, shopping districts and other neightaarhQOd facalities. 84. Decision GuideTine 21.3.4 0£ khe Transportation sectian states that when a grivatE road is atlowe€i in Iieu erf a Courity raad, it shQUld be built to adopted County privaCe Foad standards with road constructaon certified by a professiamal engineer, ansi with pe3petuai maintenance a,gzeements signed and recordei prioT to release of ariy building permxts on properiy sezved by a pzivate road. 85. T'he Arteriat Road Plaii in #he Generalized Cornprehensive Plan describe5 a Ccrtlectvr Arkerial as a refatively law-speed twa (2) Tane facilify designed fo cailect and distribute traffie £rom the mare heavily traveled 1'rineipal and Minor Arterials tv T.,oca1 Access raads or directly to traffic destinakivns, and ta serve lvcal traffic generatars such as an elernentary schooI, neighborhoad park, a smadl group af neighborhood stvres, etc. 86. The Transpartatian sectivn of the Comprehensive Plazi is prisnarily irnplemented tYrough Title 9 of the Caunty CQde, the County Road Standards and road requarerMents £or subdivisions. 87. Decision Guideline 22.41 af the Camprehensive Plan recommends the fallvwing pmlicies far rnanagemenfi af storm water fram land develaprnent: Decision Ciuideiine 22.9.1 New developnzents arcd Tand use activities shaudd $e designed ta: a) pr-otect the drainrage functions af f2aod ptains, natural druinagex;ays, sink area.s and other existing drainage faciditics; b) provicle reasonrrble assurance that the deveIopmerat site and buildings thereon will be protected frorn damage rlue to stormwater runvff; c) provide reascrnable a.rsurance that praperties upstream and downstream fram the sate being developed are pratectedfrQm storrnwater damage resudting from site development or from the new Iarad use activfty; d} controd runoff from the developmenr in a manner camplementing the natura2, basita wide drainczge sy,stem andlar carasistent witlz the baSTn plan; e) incorForate cvst-effective cvntro1s neces.rary ta minimize adverse HE Findings, Conclusians a.nd Decision PE-I745-941PT.JDE-1-94 Page 15 effects on water qurrlity, f) meet the requirements of the National Fload In.rurance Pragram; arad g) COYt.S'EdBi'r, where fea.sible, the mu2tiple use af fizciPities, such as the antegration vfstormwater controd facilitier with recreatfonlopen space areas. 88. The County Guidelizaes fvr Stormwatex Management implement the drainage policies of the Comprehensive Flan, and appYicable provf sioras 4f the Caunty Code requiring adequate drainage far aIl subdivisinn propvsals. See SCC Chapter 9.14 of the Couniy Cvde, and Section 12.400.13[] of the Subdivision Ordinance. 89. Two xiorth-south Minar Arterials, Schaf'er Raai and Bowdish Road144;'' AvenuelSands Raad, connect the Pvnderosa area to Uishrnan-Mica Road and the urhan areas of the cvunty. Tbe proposal and neighbnring land to the nvrth, sauth and west primarily a.ccess L)ishman-Mica Road wia Bates RoatU44`hAvenuelSands Road/Bvwdish Rvad (north of Sands Road). 90. The Mica View Estates FEIS issued in Tuly of 1991 #'ound that Bates Road, as a Collectvr Arkerial, had a capacity of 3,000 aVerage vehicle trips per day, and tha# a range of 150-2E10 additioxaal lots in the Mica View study area could be develaped be#erre such capacity was reached. The FEIS cvncluded that vnce the threshotd of 3,000 trips per day was reaehed, a secand access road should be constructed from the strady area to Diskman-Mica Rvad, crossing the adjacent Union Pacific Rai,lvvay Iine, before any additianal subdivisivn of the area was allowed, 91. The 1991 FETS proposed that xhe sum of $500 per lot be collected from each additional Iot developed in the Mica View study axea, tcr partially fund tkae estimated minirnum cast of $600,000 to canstrucf an undercrvssing of the raiProad. The need for an undercrossing was based on fhe appasition of the railraad to an at-grade crossing, Trie FETS propased that na part of'the funds collected for the undercrossing be used fflr interirn rxaeasures, or other impravemen.t.s tha# did nat praWide for the public rvad cannectivn. 92. Tn 1991, the estirriated cast of canstructing an undarcrossing of the adjacent railway exceeded ~1,000,000. The current cvst of such canstiuctian is highex. County Engineering has nvt as yet identified a feasible lcrcatiQn far such undercrossing that vvauld be practicable to consfifin.ict, even using the funds c411ected from lats in the 1VFica View study area. See testimony of Sccatt Engelhard. The railroad remains opposed to afiall public access across the railway at- grade. 93. 'F'he Draft SEIS concladed tLhat at #he tatne of project build-out, the cumulatit+e traffic generated by the prvject along Bates Rvad, in corrsbination with exzstang traffic and the 32 additiflnal single-family lots that gotentially cou1d be creafed frvrn #he 16 nearby parcels cesntralled by LSR Praperties, would likely not exCeed 2,$74 vehicle trips per day along Bates Raad. This study included new traff c counts updating the darly traf'fic volumes along Bates Road. HE Findings, Coraclusions and Decision PE-174G-94JPUBE-1 -94 Page 16 9 94. Ln 2002, #F1e CQIFEIty CG17Stx'l1GtEd a paVEd, 12-fovt wide, at-grade crossing of the raiTroasi line in the vacinity, from the intersection of Sands Rvad and 48th Avenue to Diskman-Mica Road, as an emergency access road. The crossing is gated and lacked Qn both ends, arad signed as a restricted raiUoad crassing. Fire District 8 has a key fvr the iacked gates, and is fia11y authorized to access the rvad draring emergency cvnditions and traias.ting purpases. The access road can be used far emergeney vehicle access, arid for emergency evacuation of the area shauld vther rvutes became cflngested ar blociced. See letter dated 3-25-02 fram Fire Dis°trict a#tached to Draft SEiS; and Exhibits Band C subrnitted at 3-19-03 gublic hearing, 95. County Engineering conditians of approval accept the traffac study discussed in the 5ET5 until December 31, 2004, after which time pexiad #he County Engineer may require updated traffic inf+ormation and rnitigatican. Such cQnditians require the dedication of zip,ht of way, extension and impravernent of Bates RaadlGertnude Road through the site as a public raad. 96. Qo~~ ~•gi ~e~a~ _ '~t~ic~ , iE fer t-Ire VR4@ad be_est~~~~~rshVdlb:~f4 4e fl;7a pkatia'Ppr,-@~~ii and ~ -`w ~~pii'can%de:dicatAa st~'~p v~ 1Fa-ri`dia,"on~~ t, ~k o ~a~ag~f~th~ Afllunue eonnectiQ % sm. - t,x, ~ as roadfi rn PAGAVJeM`ren~t~sianei ~ ~ ,ad-extojBa~tesl&4oa~MIch~c.Gnd4ons a3s~a .11 it p ave lb-e Mm.unt ~5@ ..@ per jiMeserowor reMWKus%ejp"&se e %ng a railraadlcrtossin,g oftt~~ r~i4road vicin i0,;r2&tLe,L@p@sdtR o' pem 97, E~~~~eeri~n~~ ~~~di~tiuns r~e~u~r~ a~`a~' r~t~app~~o~va~[ of ~-~~n~lFplat~ha`~t e~'r~e-'at'"e~`~~e 5 T~m3it~ the ~ ~uinar.y~pla ~'r ~ i~ft-he app'l~a~a~~,~u~?~it~tra ~ic in~'~rrnatia~ upda~in~th~~ra~~ oo-uriis M Bat~siLRfasdwAwhich Uay~necessit~a~fie ad'di"~i~ionalraff~~to r~it~rt~%-e-n.lWylt~i~"'ppli'cant.-- 98. Z'he Draft SETS recommended that the proposal provide a public water system with sufficient pressure and capacity far fire protectian, that restrictiue covenants be adopted accepYabIe tv Fire I7isfisict 8 to address fire prrrtectian concerns, and that the appL'acant work with Fire District 8 to derreiap an emergency evacuation plan. Such nneaswres have been made a condition of approvai. 99 The Spokane County 5heriff zequested participatzvn in farrnulatirig the emergency evacuation pJan. See Final SETS, memarandum dated 11 -22-02 fe'am Lreutenant Jim Fin,ke. Tius reguest has becn incorporated as a conditian of appr4va1. 100. "I'he applicant is required to install curb and sidevvalk along the extensian of Bates RoadlGertrude Rcaad through the site. The streets sen=ing the praposal north of the site in the Ponderosa area were develaped wathout sidewalk. The future students in the prvposal are not vvithin walking distances of any schvoI. LTnder these czrcumstances, it is wnreasvnabie ta require the develQpez° tv install sidevaalk off-site ta Dishman-Mica Road, narth of Sands Road, as requested by opponents of the propasal. 101. The propQSal will irnprove traffic circulatian fvr the existing single-family lots Tocated southwest of the site, by prvviding an additivnal raute ta the intersection of Bates Raad a.nd Ponderasa Drive. The applicant's engineering cansultant ind.icated that a stop sign would Iikely HE Findings, Canclusians and I3ecisian PE-1746-941'PYJDE-1-94 Page 17 0 be installed at the intersection af Ponderosa Drive ared Bates Road, subj ect ta the appraval of the Baard af County Commissioners. 102. No cornpetent evidence af a traffic engineering nature vvas submitted to rebut the expert opinions of the County Engineer and the applicant's cvnsulting engineer that the prDpasal, as conditioned, will nat hade a significan# adverse irnpact on the levels of service or safety alang the roads setving the prapvsal in the Ponderasa area. 103. The $500 fee charged per lot in the project arid otfier approved developments in the original Mica study area rnay be insufficient to fund canstructiaza of a connectivn hetvveen Bates Road and Dishman-Mica Raad fihat passes under the intervening railroad tracks. However, such improvement may never be needed, based nn the SBIS. Further, the County may be abTe ta pxaVide the additional funding needed to construct the connection. 104. The conditions of approval adequately ensure that the proposal, and ather future development in the area, wi1l nvt exceed the capacity af Bates Road aand ather transportation in.6.°astructure servi-ng the project without an adecguate traffic analysis and mitigation being xequired, This rnay mean that partions of the proposal, or at.her undeveloped Iand iza the vicinity, can,nvt be develaped ar deveTaped at the rnaximum density allawed under the County Zoning Cade. 105. A permanent connection between Bates Raad and I7askaman-Mica Road at the $ocatian o#' the current emergency access may be possible if circumstances change and the Unian Pacific Raitway abandans its tracks. 106. Aased on the expert opinions of Caunty Engineering, Fire District S, the Caunty Sheriff s Dffce and the apglicant's traffic engineering cQnsultant, the prapasal makes adequate ant~ apprapriate pravision for fire and emergency access into and aut of the Ponderosa area. Such opinivns were nat rebutked by c+ampetent evidence. 107. The proposaT maYces adequate provision for public sewer. It ~s anticipated that when the fina1 phase of the prelaminary plat and P[7Ta at'e developed, the existing single-farnily lcsts to the sauthwest will he able ta caxnect to puhlic sewer through an existing dry Iine. 108. The Flanning canditians of approval incaipmrate the recvmmendatians vf the °Washingtvn State Depariment of Ecalvgy regarding wetlands and wetland buf#`ers affecting the paroposal, and ensure adequate provisian far wetlands. 149. There is nv campetent evidence that the prvpasal will have any significant adverse impact on a threatened ar endangereti species. 110. Coikrafiy Engineering conditions of approrral cQntain detailed requirements far management and treatment of stormwater assaciated with deveioprnent of the proposat, including compiiance with the Cvunty's Ciuidelines fvr Stormwater Management, as requzred by the ASA Ovelay zone. Such conditians als❑ address geo-hazards, including a requirement that a geatechnical report be prepared that identifies those lors where basements can be cQnstructed ar should be prohibited. HE Findings, Canclusioans and Decision PE-1746-34/PUI)E-1-94 Page 18 I 11 The preliminary plat mapfFUD site p1an indicatss reduced fxeant yard and side yard (for a 2- stary residence) setbacks from thase required in the LTR.-3.5 zane outside o€a PUD OVer3.ay zone. The PLD Overlay zane authorizes the Exariaine tv approve reduced building se#backs, provided there is adeguate proVision of light and air £or all st-ructures. See Zvnang Cvde 14.704.325. CQnsidering that the average lot size in fihe proposal far exceeds tkae rninimum lot size vf 6,000 square feet required in the LlR-3.5 zozae, where unets are clusterred in a PLTD Overlay zvne, and the relatively law percentage afbuiIding cvverage ire the pr4posal, tfie sequested setbacks atre appropriate. 112. The preliminary PUI? 5ite develapmerat plar3 illustrafes the architecfural style, flaor plan ar►d buiiding elevation far a tyPical dwelling unit in the PUD, and indicates a maximurn building height of 35 feet consistent wifh the LJR-3.5 zane. 113. T`he amou~~ of priVate noncamman open space on each lflt in t.he pzojec# well exceeds the minimum of 200 feet re4uired hy Zoning Code 14.704.385. The perentage of camnon vpen space in the prapQSal, at 32%, is more than three {3} times The 1(}°r'o minimurrz for PUU i7verlay zones. 114. A conditian of approVal has been added requpring the PC]D site developrnent plan to correctly state the amvunt of com.man apen space in phase 2 vf #he praposai, and correctly calcula#e the densities ("net"} af the three phases af the prelirninar3+ p1atlPd TD, under the density formula listed in the PLTI3 Overlay zrrne. 115. The praposal, a.s conditianed, meets the rninimum z'equirements for a preliminat`y PLTD site develapmenf pian, the generai design criteraa for a:PLTA, and other requiremenfis applicabte in a PLTD Overlay zone. 116. There is no competent eVidence to indicate thaf the proposal vvall have any significant adverse impact on tie va1ue of neigh6oxing prcrperties. 117. The Sfaff Report found the proposal to be generally consis#ent with the Comprehensive Flan. The site will be pravided wifih a high level af public services and utilities, including public sewer and water. The density of the proposal is less than half that maximum density pernlitted in the TTk-3.5 zone at the tinae the preliminary platlFUD was considered vested in 1994, 118. The proposal meets the general design requirernents for preliminary plat in the Cvurmty Subdivision Ordinance, and generally implements the purpase arid intent vf the iTR-3.5 zone. 119. As conditianed, the proposal will be reasanably cvmpatible vvif.h neighboring properties. 120. The propvsal, as cvnditioned, will nat have mare than a maderate effect on, the quality af the environment; and vvill nat adwersely irnpact the public healfih, safety and general vaelfare. 121. The proposal has been conditianed for campliance with the LJR-3.5 2ane, the +County Zom'ng Cade, the Coun#y Subdivision Ordinance and ot.her applicable develQpment regulatrans in effect when the preiimiriary piatlPU73 vested in 1994. HE F'indings, ConclusPOns and TJecisinn k'E-1746-94IPL]T3E-I-94 Page 19 122. Wa.shington case 1aw genera3ly equates a planned uriit deVelvpment to a rezane, althaugh the County Zarung Code does nat equate a FCTD Overlay zone with a rezune. The Examiner ha.s analyzed the proposal according to rezozae criteria, althvugh this may be unnecessary+. 123, ,A. substantial change of circurnstances has accurred in ttze area since the site was zoned UR-3.5 in 199 1, #o suppart the PLTD Overlay zane. This includes the extensian of pubiic sevver tv t,he area, iriclusion of the si#e and much of the surrounding area in the LTGA, adop#ian of the G1'VIA Carriprehensive Plan and Phase I L7evelapment Regalations, constrvction of the emergency access raad across the raa].rroad traclcs to Dishman-Mica Raad, and residential deaelopment adj acent tD the site. 124. The land lying noriherly of the site, but not the current site, as inciuded in tlie boundaries of the City vf Spvlcan.e Va11ey, which is scheduled fvr incorpaaration on March 31, 2003. The request by proj ect proponents tv delay revievv of the proposal until the new city could comment vn the prvpaSaT was nvt shown tv present a substantial issue nr reasan to delay a decision on the proposai. Based on the abowe findings of fact, the Hearing Exarreiner enters the follovving: Li. CONCLT]SIONS C?F I.aAW I. The adequacy of an enviranmen#al impact statement (EIS) is evaluated under the "rule of reason", which requires a"reasonably thvrough discussicrn of the significan# aspects of the grabable environmental consequences of the agency's decisiQn". See OPAL v. Adarras G'ounty, 128 Wn.2d 869, 875 {1996}; and Weyerhau.rer v. Pierce Gounty, I24'Wn.2d 26, 38 (1994). The EI5 prepa.red f4r xhe propasai, as modif ed by the SEIS, meets such standard 2. Significant new infvt`mmatiQn indicating, ar on, the pzaposal's probabIe sagnificant adverse enviransnental impacfis was noY presenYed after prepatativn of the SEIS. WAG 197-11-445. 3. The praposal, as cvnditicrned, wilI nvt have a significant, probable adverse irnpa.cf on the environmezxt. Compliance has been demonstrated with the Caunty's Envirorunental {)rdinance and the State Enwironmental Palicy Act. 4. The praposed preliminary plat and FUD Dverlay zone, as conditioned, cvnfnrms to the County Generalized Camprehensive PIan. 5. The graprrsed preliminary plat and PL3D Overlay zane laear a substantial relationshgp to the public health, safett}r or welfare. 6. The prelimznary plat and dedication, and PT_TD Overlay zone, will sezve the public use and interest, 7. The prekiminary plat and dedication, as cvnditioned, malce apprapriate prvvision for apen spaces, roads, drairnage ways, emergeracy and f re access, wiPdfire safety, schovls and schovl gounds, playgrouaids, parks a.tid recreation, sidewalks for chaldren who walk onty to school, ~ 5aI11tary WiiSteSy pntable water supplies, easernents, utiiities, tivetlands, planning features, and a3l HE Findings, Cnnclusions and Decisian PE-I 746-941PUDE-1 -94 Page 20 vther relevant facts as specified in RCW 58.17.110 and the Cozznty Su'hdiwisivn Ordinance. The preliminary plat and dedicativta alsv make appropriate pro►rision far the public healtka, saf'eiy and general weLt`are. As conditivned, the prraposal cvmplies with the Cawnt}+ Subdivision Qrdinance, the LR-3.5 zone, the A5A C3verlay zane, oxher applicabie provisivns af the County Zaning Gode, and ather applicable development regulativns in effect at the rime #he preliminary plat/PCYD vested vn March 3, 1994. 9. A substantial change in economic, technoiagical, nr 1and use canditions has vccuarred since the site was zvned UR-3.5 in 1991 to warrant appraval of the proposed PUD Overlay zone. 10. The prapQSed PLrI7 Overlay zane, as applicable, rneets the criteria established by the County Zoning God.e and VVashington case Iarv f4r approVing a rezane. 11. ApprQVal ef the prelianinary plat and PLFlC] C}Wer1ay zone, as conditiozaed, is appropriate under Section 11 of the County Hearing Examiner Ordinance,. advpted by Caunty ResoIuraon No. 9fi-DL71. ZIT. DECISIQN Based on the Find'angs of Fact and Conclusians of T,.,aw above, the subject applicativn for a pxeliminary p1a,t and Planned Unit L1evelopment (PUD) C]uerlay zone is hereby approved, subject tv the conditions af appraual of the public agencies specified belaw. , Any conditaoris of appraval of public agencies t.hat have beera added ar significantly altered iay the Exaniner are italictzed. This approval dves nat waive the a.pplican#'s vbligatian to comply Evith all crther requirements af other public agencie,s with jurisdiction over laad develapment. SFOKANE CO17NTY UPVTSxGN UF PLANNTNG 1. All conditions imposed hy the Hearing Exanainer shall be binding an the "Applicant," which term shatl include the awners and develvpers of the prvperty, and their neirs, assigns and successors. 2. The preliminary subdivision and PUD Oaerlay zane applies to the real pxoperfj+ as described on the preliminary plat map of record 3. The propvsaI sha comply vvith the Urbari Residential-3.5 (CTR-3,5) zane, the Planned Unit Develvpment (PLTD) Overrlay aone, the Aquifer 5ensitiVe Overlay zane, and alt ather agplicahle provisiQns af the 5pakane Couiaty 7anang Cvde, as amended. HE Findings, Conclusions and Decisivn PE-I746-94/PUDE-1-94 Page 21 0 4. The fmal platlPUD shall be designed substan#ially in cvnfarmance tv the pxePiminary glat/preliminaiy PLTD site develapnnent plan ofrecard submitted an Aprifl 12, 200 1, subject to compliance with canditians of appraVal and developrrrient regulativns. The I]ivisian of Planning L7irectarldesignee anay approve rininor modifications admi.nistratively, as provided in the County Subdivisian Ordinance. Na increase of densit}r ar number of Iots, or substantial madifications to the preliminary plat or conditions of approval, shall uccur wit°iout a change of condition(s) applicatiern and its apprvval by the Hearing Exarniner after a public hearing. 5. A finaT planned unit development site plan, dernanstrating campliance with ehapter 14.704 ra£ the Spokane County 2,vning Code, Pla.nned Unit Developrrient (PUU) Overlay zone, sha11 be submitted and approved administratiVely prior to the appraval of any final p1at. 6. The PUD site develapmeratplan shu11 be revased !o cor-rectly state the amouiaz of comnion open space in Phase 2 of the preliminary plat cand to correctly state the den.rities (.•net of each phase of the prelirrainary platIPUD under the densit}r formula set fQrth irr the PUD Overday zone. 7. The Divisian of Planning Directorldesignee shall review any praposed final plat to ensure compliance with this L7ec'rsion and Canditions of Approva1. 8. A fnaF plat raamelnumher shall be indicated befvre the final plat is fi1ed, such nameJnumber to be approved by ths rJavisivn Directarldesignee. 9. Appropriafe raad name(s) sha11 be indicaked. 10. Appropriate ufility easements shall be indicated on capaes of the propased fina1 p1at. Appraval of utility easements by apgrapriate tatiiity companies shall he received witli the submittaY of the final plat. 11. The final plat map sha11 indicate by as cleaz, dashed Iine the required yard sefbacks from all private, or public roads. The dedicatian shaTl contain the fallowing statement: "Side yard arad xear yard setbacks are specifically drafted on this final plat. The setbacks indicated on this plat rnay be varied from if proper zvning approvals are obtained.,, 12. Three (3) current certificates of title sha11 be furnished tv the Spokane Caunty Divisian of Planning priar to filing the final ptat. 13. Priar to f ling of all ar apvrtidn of the final plat, the applicant's surveyor sha11 subanat ane vr more maps autlined in red of the area being finalized. The scale sha11 match the apprvpriated r'1S5eS50T' S IIlap SC3le. 14. At the time of firnal plat submittal, the applicant sha11 demanstrate either an the face af'the final pTat ar on an acceptable a.ftachment that all lots Iacated vn a cuP-de-sac ar curvilinear street rrseet ar exceed the minimnum required frvntage. 15. A survey is required grivr to the filing of the final plat. HE Findings, Canclusians and ]3ecisian PE-1746-941PUDE=1-94 Page 22 9 16. The appiicarct shall contact the Ilivisafln of BuiTdirig and C6de Enfozcement at t.he earliest passible stage in vrder to be infatmed of cade requizements administeredlenforced aa:s authorized by the State Building Gode Act. Design/deVelvpment cancems include: Addressing, fire apparatus access roads, fire hydrant flow, appraved water systems, buiLding accessibility+, cvns#ructian type, occupat3.cy classificafivn, existirig exferiar wau protectian, and energy eade regulations. (Note: The Division of Building and Planung reser-ves the right #o confm the actual address at the time ofbuilding perrnat.) 17. The final piat dedication shaIl state: "The private rvads and earrunon areas shawn on this glaf are hereby dedicated ta the homeowners association created by dvcumen# recorded under State dflcument no. 18. The private raads and camnnon areas sha1l be considered subservient estates for tax gurposes tv the vth.er lats created herein. 19. The pravate road cannot be sold ar trans#'erred, regazdless of any pravision irb the covenac►ts to the cvntrary, and shaiibe considered subservient estates fQr tax purposes to xhe other lots created herein. 2[}. Priar tv final ptat appraval, the applicant shali submit afinat wetland mitigafion plan for review by #he I7ivision of Plana,ing, in consuitation with the V4lashingtan State Deparrtment of Ec4tvgy. 21. Privr ta final piat agprvval, the proposaP s1aal1 be redesigned sa #hat all required wetiand buffer areas are whoily located within a comman apen space tract. 22. The praposral shall praavade a pubdic water systcm with sufficient pressure arad capracaty far fire protection. Re.rtrictive covenants shall be crdopted acceptable tD Fire 17zstrict 8 that address fire protection concerns. 23. Privr to, finaI plat appravad, the appIacant shall work with Fare .Uistract the County Sheraff's 4jftee, fhe County Engineer and neighboring property owners to develap an ernergency evacuattan plan, for the site and PnraderQSa arera. 24. The Spokane County I)ivision of Planning sha1l prepare and record with the Caunty Auditor aTitle Natice specifying a future land acquisitian area for soad right-vf-way and utilitaes, a.s referenced in the conditians of the Caunty Division of Engineering and Roads. The Title Natice sha11 state the follawing: "a. A strip of praperty in width from the existing ,nght-o£ way is reserved fox future acquisition area fvr additional road raght-of-way widfih aLong . b. Future building and vther setbacks required by the 5pakane County Zoning CQde shali be IIneasured from t.he reserved future acquisitian area. HF, Findings, Ganclusions and Decision PE-1746-94fPUDE-1-94 Page 23 c. No reguixed Fandscaping, parking, `208' areas, drainfield or al.Xowed sigtas sh4uld be lacated within the future acguisition area for road right-vf-way and utilaties. Tf any of the ab4ve impa'avements are within the area, they shal1 be xelacafied at the applicant's expense when roadway ianprDVements are made. d. TI-ie future acquisitivn area, unst acquired, shall be private prvperty and rnay be used as allowed in the zane, e}C~epti t1, at aIly YmI.lIQVetI1B11t5 (SllGh 8,5 IaIldsCap1I1g, parking, surface draiaaage, drainfield, signs or others) sha11 be cansidered interim uses. e. The property ovvner shall be respvnsibTe for relacating such "interira" imprQVernents at the time Spokarce County naaces roadway improverraents after acquiring said future acquisititan." 25. The prelitninary plat As giuen canditivnal approval far fiue (5) years, specifically to Apri1 11, 2008. The applicant may request an extension of time only by submitting a written request nfl later than thiriy (30) days pnor ta such exgiration date, in accordance with the provisions of the County Suhdivision f3rdinance. 26. The Llivision of Planning sha11 prepare and record with the Spakane Caunty Auditar a Tifile Notice, nating that the property in questian is subjecfi tv a Variety o£special canditivns impflserl as a result of approval o£ a land use actian. This Title Notice shalP seave as publie notace of the conditians of apprvvaP affecting the praperty in guestion. The xitle Natice should be recorded within t.he sarne tinae frarrne as allvwed far an agpeal and shall on1y be released, in full ar in part, 6y the Division of P1aanning, The Title Notice shall generally pravide as £ollows: "The parcel of praperty Iegally described as [ ] as the subject of a iand tise action by a Spokane Cotunt}+ Hearing Exaruner an April 11, 2043, impvsing a wariety of special developrnent conditions. Fi1e Nca. PE-1746-941PUI}E-1-94 is avazlabie for inspection and copying in the Spokane County Uivision of Pianning.,, SPOKANE CC7L3NTY DIVTSTQN [)F ENGINEERIIITG ANI) RQADS Privr to release of a bualding perrnit or use of property as prapased: 1, CcrnditiQna1 appraWal of the plat by the County Engineer as given subject to dedicatian of right-vf-way and apprvval of the road system as indicated in the prelizninaty piat of reaard. 2. The Couraty Engmeer has accepted the xraff c siudy prepaxed for the propasal untrl December 31, 2004. In vrder to file any partion of aplat after the 5-year period for finalizing the preLixninary p1at, the Caunty Engineer rnay require updated traftic infvrmation to be subrnitted and additional traffic mitigation by the appiicartt. 3. A Professivnal Engineer, Iicensed in the State of Washington, shall submit final road and - drainage plans, a drainage report and road and drainage calculations thafi confarm to #he 1999 Edition of the Spakazae Caunty Standards far Road and 5evaer Canstructian, the current editivn HE Fandirrgs, Conclusions a.zzid Decision FE-1745-94IPC]DE-1-94 Fage 24 0 of the Spakane Gounty Guidelines £or Stor.nwater Management. Final rQad a,rzd drainage plans shall atso comply with all applicable caunty, state and federal taws, vrdinances, and interim officia1 controls t.hat are applicatrle ta this project. Final road and drainage plans, reiated calculations and a drainage report sha11 receive the County Engineer's aceeptance prior to release of a constructian or building permit or approval ❑f the final plat. Fo1lowing plan acceptance by the Spokane County Engineer, drainage Ianguage wi11 be drafted by Spokaue Gounty and proVided tv the 5ponsor's Engineer ar 5urveyor ffar inclusivn with the fmal plat document. 4. The c4rainage facilities proposed by the applicant's engineer for this tand acrian will pravide a collection system of grassed pexcvlation swales, ditches andlor pipes that convey starm ru,naff to detention pomds, evaporatian pands, and/or grassed swales in such a way that devel❑ped volumes of storrnwater are disposed of on site and any stormwater dzscharges from the develvpment are controlled to pre-developed rates. The 54, 10 and 2-year stvrzns shalI be held to pre develvpmerat flaw rates and volumes for the detendon facility as a miritmum. 5. Befvre tlae street and stvrmwater plans are suiamitted to Spakane County for reView and acceptarace, a 13esign DeviatiQn must be submitted to 5pakane Caunty fvr aary non-standard elements of'the praject plars. The spQnsQr shal1 acquire apprvval of the Design Deviativn frvm the Caunty Engineer before canstruc°tion plans are submitted for rerriew, The i]esign Deviation request must inctude adequate engineen-ng justi~ication and drainage catculatrons, and shouId include any other agency approvals that may be necessary far the propased deviation to work as desiped. The Design Deviation request shail xnclude a descriptinn of maintenance responsibilities. The appiicaat shall make prcavisian for the perpetual rtiaintenazice of any cirainage facilities locafed outside of the public right-of-vvay. The Spokane Gvunty Engineer znay deny a Design Deviation or he may impvse cvnditions of approval on the L)esign De►riatian. 5. Adequate drainage easements, granted ta Spakane Cvunty andlor a.n acceptable maintenarice entity, must he provided far affl elements of the drainage p1an, in arder that prcaper maintenance may be performed. A Hcrmeowners AssaciatiQn has been propased for th.is development. Easements far drainage ditches and natural drainage channels shall be wide enough to contair► witkain the easement the runo£f fram a 50 year, 24 hrrur stonn event, for the cvntributkng basin, plus a 30% freebaarci. The easement shall alsv knclude an adequate maintenance access for the drainage cvurse. Any easerrients and agreements fvr acceptance, conveyance, treatrnenf, and dispasal of stormwater that lie outside of the proposed plat being suhmitted, must be submitted with the gxojcct plans before Spvkane Caunty vvill review the plans for acceptance. CTrassed percolativn swales larger #han 1,200 square feet must be placed in separate tracts that wi11 be maintained 6y the hvrneowners associatian unless a design deViatian is granted and shall meet the requirements contained in the ~'xuidelines for Stvrmwafier M2nagemenf. 7. Ndaintenance access rvads of sufficient width shall be pravided to all di#ches, ponds, drainage eontral s#ructures, and any etement of t.he system that may require replacement Qr maintenarace in tYie fature. Easemenfis far dt'ai.nage difches shafil be a minimum of 24 feet in wPdth. 8. All mainfienanc+e access roads shall have a rninimum of six inches of gravel, or other ty+pe of HE Findings, Conclusions antl Declsion FE-1746-94/PL1]:1E-1-94 Page 25 0 all-weatlaer drivable surfa.ce acceptable to the County Engineer. The rx►aintenance access road shall be designed tQ accorrunodaCe the tumitag mavements of a Bus as defined by AASHT(3. If the maintenance raad is greater than 300 feet in length, measured fram the conn,ecting public roadway or paved private raad, than a turn-arvund sha11 be provided at its terminus. 9. Constructivn wkthin the praposed public streets and easements shail6e perfarmed under the direct supervision of a licensed engineerlsurveyor, who shall furnish the Gounty Engitieer wi#ka „Record I]ravvings" pians and acertificate in writing that all improvements were i.nstalIed ta the lines and gades shown on the approved canstructian plans and that all thshxrbed monuments have been replaced. 10. No cvnstruction woric is to be perfarmed within the existing vr proposed puhlic right-vf way until the Cvunty Engineer has f ssued a permit. All wark is subject ta inspection and approval by Xhe County Engineer. 11. A11 consfiructivn within the existing mr proposed public right-af way is to be cvmpleted pricrr to filing the final plat or a bond in the amvunt estirnatedby the Counfy Engineer to caver the cost of constructian of improvements. Constructian cerkification, „Record Drawings" plans and monumentting the street centerlines shall be faled with the County Engineer. 12. NQ direct access frvm lvts to Stub Rvad cozuriectivns unfiEl such roads are canstructed to Cvuniy Standards and established as Gounty Roads. 13. Roaei design, canstruction a.nd drainage contral far rlZ right-af-way and stub rflad connections are the aesponsibility of tkae developer. 14. Appropriate provision shall be made that aI -foot strip of praperty at the ends or edges of a11 stxeets that terminate ar barder the plat bvundary be held in trust until fh.e contznuation of the streets be dedicated at' deeded: Temparary cul-de-sacs are required when streets terniinate at the plat boundaries. The applicant shall apply far access vver the 1-faat strip that exists an Gertrude Drirae fiam Spokane County, knawn as Lot 5 at'$lock 2 of Guthrie Family Tracfis, prior to the filing of the final plat. 15. If the prelirnrnary plat is developed in phases, a phased r4ad artd drainage plan sha11 be prepared by a licensed Prafessional Engineer, which clearly shaws the phasing of the developrraezit. The plan must demonstrate that each phase of the develvpnaent is in cvnfvrmance with the applieabLe 5pokane County raad and drainage standards, and fihe Cflnditivns of Appraval for the plat as wePl as any applicable regulations that may apply to this prajecf from ather govemmental authority. The stvrmwater managernent systerias and rQads for this plat shall be constructed a.nd certified to be eanstructed in accordance with the accepted road and drainage plans„ or a1i the required irnprovements must be banded for in accvrdance with Spokane County regulafivns, prior to the reGording of the final p1at. Record trawings and a11 construction daGUmentation shall be submitted with the proper certificatican staternent. 1+6. Erasian Cantral: A TempQraty Erasaort and Sedirraentation ContrQl (TESC) plan shall be - prepared by a WA Stafie licensed Professional Engineer, and implemented thronghout fihe 4 HE Fkndings, Conclusions and Decision PE-1746-94IPU77E-1-94 Page 26 , 9 durativn of canstruction. The TESC plan shaii be prepared using best rrianagement practices (BNNF~P's) currently accepted within the Civil Engineering prvfessian4 and shall address lm.mits on amount and duratian of disturbed areas, which haVe nDt heen stabiiized. The TESC plan is to include, as a rninimum, agrading pian, lvcation and details of silf cantral struct►a.X'es, and sfireet cleaning prograrra. The p1a.n shall pxovide for tYze filtering of runoff frvm expased axeas prior to discharge into a detentiQn pvnd, 208' swale, or infiltratian facility. The TESC pIan shaPi be included in the road and cirainage p1ans. The applicant's Engineer shall submit the TESC plan and supparting ealculations tQ 5pcrkane County for review, azzd shall receive acceptance as part of the plan rewiew pracess prior ta site disiurbance. The TESC major structures (such as silt ponds, silt traps) shali be installed prior to other site work, and the TESC measures shall be implemented and maintaEned throughout the duratian of canstruction, including house canstnzction. 17. I.f the groject is phased and ane phase depends on anather phase for access andlvr dz'a.inage treatment an.d disgosal, the prior phase shail be completed and certified privr to the submittal of plans for the degendent plhase of the develogment. One {I}-faot no access strfps on public raad.s wi11 not 6e released until the suhject phase is carnpleted, certified and accepted by Spakane Caunty far maintenance. No access through a nan-cearti.fied and non-accepted phase of the develapment may be a114wed arid ncr plans will be accepted by 5pcakane Caunty for canstrraction unless tdte privr phase is compreted and certified by the Sponsor's Engzneer. 1$. "The drainage system vutside of the pubflic right-of-way will neither be rnaintained nar nperated by Spakar►e County forces unless specxfical'ly appraved by the Spokane Counfiy Engineer. Prior ta p1an acceptance by the Ccrunty Engineer, the Sponsar shall prvvide a mechanism, acceptalale to the Caunty Engineer, for #he perpetual maintenance of tlae starmwater drainage systezn. This mechariism shall alsa pravide for the funding of routine maintenance and the replacement of the various companents of the drainage system at the end of the service life of tl-ce respective camponents, and aay other improvernents that rnaay be Iegally required in the fi.Tture. An Operatians and Maintenance Manual far any non-standards portivns of the stannwafer managemenx system shall be prepared by the Sponsar's Engineer, and included in the project d4cuments submitted to the County Engineer for acceptance, a10Y1g W1tY1 a d1SCL15510I1 of the design life of the variQUS components, a calculated annual cast far repair and maintenance, and a calculated replacenaent cvst. Homeowners assoGiatiQns are accepted by the Spvkane Caunty Engineer ta carry vut the required maintenance functians and respvnsabilities. 19, This proposed subdivision nr development propasal is located within a drainage basin triat has been identi~ied hy the 5pakane Counfiy Eragiaaeer's and Utilities affices as having stornwater ninoff prablems. Since this propose.d subdivision oa' develapment proposal is affected by vr is a contributar to stvrmwater flows, property ovvners should participate in the planning and imptementation of a future basxn wide stormwater 3nanagement system. The fallawirag stateznent shall be placed in the plat dedicatian: "The OWTYeF(S) Ur Sl1CG8554T(S) I11 lllter+e5t &gt'Ee t0 ]C}EI1 1I1 r3T1y CoLUIty-apprQVed 5tL}L'II1WatBT rrianargement prQgram and ta pay such rates and charges as may be fixed through public hcarings for service or benefit obtained by the planning, design, canstructing, maintaining or operation of stormwater contral facilities " HE Findings, Cnnclusions and Decision PE-1746-941PLTZ7E-1-94 Page 27 20. If the drainage disposal system includes infiltrativn of starmwater as an element in desigi, there shalY be a sife investiga#ion and study conducted by a qualified Geofechnical Engineer prior ta final subrnittaP oFroad and drainage plans. The study sha11 evaluate the potential impacts an surrounding praperties, frau.ndafians, basements and structures, due to injecting and inf ltrafing stoz°mwater. Tkae sfudy shall alsfl evaluate the efFects of imported water, such as septic system effluent and water u.sed for lawm watering. If it is deterrnined that negative iznpacts are probable, then rritigating measwres sha11 be recommended by the geotechnical engineer and implemented by the Sponsar. The geotechuical repart shalf caver alF sites where drywells may be proposed. The repart sha11 draw conclusions abvut the ability of the propcrsed drywells tv function accarding ta the Spokane County ~'ruidePines for Stoririwater Management. The site investigativn shall alsa verify if the soils can infiltrate the stvrmrvater at the mirumum rate of 0.5 inches per hour for arpy propased grassed percolativn areas, if the rninimuari requirement cannot tse met, an altemative stomawater design wi11 need ta he submitted that meets the requirements of the 5pakane Caunfiy Guidelxnes fcar Stormvvater Management. 2 1. The applicant's engineer has submitted a eoncept drainage plan for the proposal. Wlile the Cou.uty Engineer has accepted this concept for drainage design, and the concegt appears ta be adequate fvr the propased larad use activn, the County Engineer has canducted no detailed revierv mfthe concept pian and drainage calculations fnr the proprrsed land-use actiQn. Therefore, approval of the concep# drainage ptan dves not constitute final approVal of the drainage facilities far canstructiorr. When constructivn plans and calculatiQns for raad artd drainage facilities are submitted, tlie Cvunty Enganeer may have additianal camments thafi will neeei to be addressed to t'he satisfactivn of the County Engineer priar to constructivn. 22. The Spansvr's Engineer shall properly consider and include a11 applicable mitigation measures, that rnay be identified in the accepted geo-hazard or geotechnica1 repart for this prtalect, in his finai design plans fcrr this project. 23. A geotechnical repart shall be campleted t.hat identifies those iats where basements caza tae properly cvnslructed. Lots where basements and belovv grade leve1 construction is prohibEted shatl also be identifted in the geatechnical report and suitable language shall be plaeed on the face of tFie piat identifying those lots where belvw grade consiructivn is prohibited. No groundwater sump purnps ar gravity drains may be connected fia the sanifiary sewer for any of thae lots in this pla# or be dischaurged to publie ar private road susfaces. All mitigating rneasures fihat tnay be recarnmended far lvts approved for ba.sements shali be a requRrement of any building permits for said appraved lvts, 24. Approach permits are required prior ta any access tn the Spokane Caunty road system. 25. The dedicatian of 3 8feet of right-af way alang Bates RoadlGertrude I)rive is xequared. 26. The County Engineer has designated a Local Access Roadway Sectian for the irrkprowement of Bates RoadlC3ertrude Drive, which is to be constructed within and adj acent ta the praposed develapment. This will require the installation of 30 feet of asphalx. The constructiQn of curbirag and sidewalk as also required. HE Findings, Conclusivns and Decision FE-1745-941FtDE-1-94 Page 28 a a n 27. The private roads shall be irrnprvveti ta advgted Spokane County Road and iewer Standards for private roads. 28. A1i vested owmers sha11 sign and record private road dvcuments as prescribed by the Spakane County Engineer. These dacuments shall be revaewed and approved by the Sgokane County Engineer prior to recarding with the 5pokane County Auditar. Recarding numbers shall be referenced in the dedicatory Ianguage af the plat. 29. 'I`~he follawirig statement shall be placed iai the plat dedication: "WARNIN~`r: Spakane County has no responsibility to huild, imprvve, maintain ar other wise service the private roads cvntained within or provic3ing service to the prflperty descrihed in this plat. By accepting this p]at or 5ubsequently+ by allowing a building permit tQ be issued an praperty on a pnidate road, Spokane County assumes no obligation for said priVa#e road and the owners hereby actcnowledge that the County has no cabligation af any kind or nature whatsoever to establish, exarnirae, sunrey, constr.tct, alter, repaiz, imprQve, nnairztain, provide drainage 4r snow removal an a private road. This requireznent is and sha11 run with the Iand and shall be hinding upon the awner, thei.r heirs, successors or assagns including the obligatian to participate in the maintenance of the private road as provided herein." 30. The praposed plat shall be impro+aed tQ the standards sef farth in Spokane County Resvlutian Nv. 99-0265, as amended, which establishes regulations for roads, apgrvaches, drainage and fees in nevv construction. 31. Ttie County Engineer has examined this develvprnent proposal and has determined tha# fhe irnpact of this propasaL upvn the existing County Road System warran#s the dedication af additianal right of way and the raadway improvements herein specified. 32. ~ ~~eiggcation%~it~hffiZ faott M~li1e~tar e~ri~eo i , •e.t%n B~ates Road wirth Di~s b, ~ ' ~i~~a - UOis n~# d~fii-ndftY MemsUM,5ro.acl~w~ay c~~t~r~l~i~ne "th.~ Cvunt,y Arte~i~~ R~ad er ~ogF~~Y~► a~la~g~znen~tshaltl,~be,~s-t~ ~',~y~~~i~~tgOPlr a striP]LG.fjpr ~id~~reserve, Thi~s p.. p.,e ~~rt~' ~iay ~.~acq~uar 'dl~y~5pokan'e ~r~u~t~y at t e time wh~n Art~r=ial ' ~grrr~~nt~s ar~e rnadeita Ba*tes~~~~'T~~n~l~at v~`way ~i~ig~rament~ffv~thi~s a~rteri~a~b ~€~nnectivnt sLadir,ece~~~ the~Co,un,~~Eiz~.isr~~ex'~pt.'~prio'~~~ppx~Ya~_of ~he ~.ri~plat. 33. The applicarat is advised that there rnay exist utilities either undergrsund ar overhead a#'fecting the applicant's property, incPuding prvperty to 6e dedicated or set aside future acyuisition. Spokane County vvill assume no finaxacial ataligation for adjustnents or relocatian regarding these ufilit7es. The applicant should contact the applicable utilities regarding responsibility for adju.strtaent vr relocation costs and to malce arrangements for any necessary work. 34. The applicant shall grant applicable'border easements adjacent to Spokane CountyRight of Way per Spokane County Standat'ds. HE Findings, Conciusians and I]ecision PE-1746-94fPUDE-1-94 Page 29 a fi~nalm ~~at, ~ ~ cVJ&tgsp o nsor1shal1l §e ~srd`eM~ 35. Fnox t-@Tth~f1-ingT@7fi pacyabiIeitoAS.pa~~ne4f'vunky",rv`R'Irde J, t~~~ a1,no.nM~'~~{,@.0)R4_per ~at ~vr the exclusi,v&FMPvse afec'~ns~tr,~.ti~n m~ a r~i1 ~~4ac1[~rc~ss~'~f~~"e~Uttai~Paci1frc~~t~a'~ir4oad crnss~'~n~~-a~£ Un~ivn Facifilc Rsill~r~-ad ~ th~ v~~'a~tit~y a~f e plat. 36. a~~a1i..~txshallos,ub m~iIr n, B .5!es uffd.~pp.I~ican~t i~s furt~erd uM1~~'ed tra~~r4M MEMO rnatirDn up. iatin~te t~rta~ ~~flc cm~~nts oM ad~w~!~ed~ ~t~~a~e~ConCthe~i~ o rati~n su~""~'~'`t e`d tha ad~itional~ff~si~te~ ~i~.,~ati~n rr,ra,y~e~ ~equ_ ~~,.,_dv SPC)KANE C(]UNTY DIVVIST43N DF UTILT'I'EES 1. The dedicatian shall state: "Public sewers sYta11 be constructed to provide for the cannection of each parcel to the County's system of sewerage, Uses on prvperties within the prajecc shall he required to corarzect tv the sewer and pay applicable charges per the County Sewer Ordinance. Sewer cvnnectian peznits shall be requixed." 2. The applicant shalt subrnit expressly to Spokane Cauniy Division of U#ilities, "under ` separate cover", only thase plan sheets showing sewer plans and specifications fQr the public sewer Gonnectians and facilities for review and approval. Commercial deveTapments shall subrreit lustot'i.cal and or estimated vvater usage as paz-t of the sewer plan subanittal. 3. Sewer ptans acceptable ta the Division of Utilities shall be suhmitted prior to the finalization of the praject. 4. Security shall be deposited with the Divisian of U'fiilities for the canstruction of the pu'hlic sevver connection and facilities and fvr tie prescribed warraniy period. Security shall be in a forrn aceeptable to the I]ivision of L7tilities and in accorda.nce with the Spflkarte Caunty Sanitary Sewer Clyd'zrra.nce. 5. SecuTity shall be deposited with the Divisifln ofUtilities for cvnstzuction of the grivate sewer system design and connections. • 6. Any water service for this project shall be pravided in accvrdance vvith the Coordsnated Water iystem Plan fvr Spokane County, as amended. SPQKANE REGIUNAL HEALTH DIS°x'RYCT Y. The final plat shall be designed as indicated vn the prelim.inary plat of recvrd and/or any attached sheets as noted. 2. Apprapriate utility easements shall be indicateti on copies of the preliminary plat of recflrd, for distrihutian by the Caunty Division of Planning to the utility cvmpanees, the Spakane County Engineer, and the Spokarse Regional Health District. Wtitten appraval of the easements by the HE Findings, Concllasians and i3ecisian FE-1 745-94/PCIL]E-1 -94 Page 30 Q utility camganies naust be received privs to the submittal of the finaI plaf. 3. The sewage disposal methvd shall be as authorized iay the ]Jirector of LTtilities, Spokane County. 4. Water serrice sha11 be coardinated rhrough the Dixectvt` of Utilities, Spokane Caunty. 5. Water service shall be by an existing public water supply when appraved by the Regiomal Engineer (5p~kane), State Depaxtment of Health. 6. Prior to filirag the final plat, the sponsor shall present evidence that the pPat lies wi#hin fihe recordeci service area afthe water system proposed #o setve the plat. 7. A plan for water facilities adequate fDr domestic use, dvmestic irrigatian use and fire prvtection use must be approved by the water purveyar and by the f~re protectaon district. The apprapriate Iaeaifi,h authorities, water supplier {purveyar} and tY1e fi.ce protection distt-ict sha11, privr to the filirtg of the fina1 plat, certify on the face of said water plan that the plan is in conforrnance with their requirements and will adequately satisfy their respective needs. Said water pflaux arid certahcation will be drafted an a. transparency suitable for reproduction, $ The purveyvr shall aLso cer#ify pzivr to filing the final plat Qn a copy of said vvater plan that apprrrpriate contractzal arra.ngements have been made with the plat sponsor far cnnstruction of the wa#er system, in accvrdance with the appraved plan and time schedule. The Cime schedule shaii pravide, in any case, for campletion of the water system and inspectian by the appropriate health au#horities priar to applicativn fvr building permits within the plat. The con6ractua1 arrangements sha11 incZude aprovisiora holding Spnkane County, Spokane Regianal I-IEalth District, and the purveyor hannless ft'om claims by any lo# purchaser refused abuilding perinit due to failure of the plat sponsar to satisfactorily complete the appra►red water system. 9. Prios tv filing the fina1 plat, the spvnsar sha11 demvnstrate ta the satisfaetion of the Spakane Regional Health I]istrict that suifiable sites for an-site sewage disposal systems are available an all lots. 10. ;ubject to specific application approval and issuance of pezm.its by the Health Off cer, the use of indiuidual on-siCe sewage dispvsal systems rnay be authvrized. 11. The dedicatory language of the plat will state: "Subject ta specific applicatian appraval and issuance vfpernlits by the Health Officer, the use of individual on-site sewage dispvsal systems xnay be autharized.,, 12. The dedicatar}r ianguage on the plat shall state: "The use of pnvate welIs and water systems is prahibited." 13. The final plat dedication shall canta.in the fallvwing statement: "The publie vvater systam, pursuant ta the Water Plan approved by county and state health au#harities, the local fire protection district, the Caunt}+ Building and Planning Divisions and water purveyor, sha11 be HE Findings, Conclusions and Decisavn PE-1746-941PLTDE-1-94 Page 31 insta.lled wikbin this subdivision an.d the applicant shall pmvade fcsr individual dvmestic water service as wetT as fire proteGtiori to each lot priar to sale of each lat and prior to issuance of a building permit for each 1at." SP(}KAN~ ~OUN°I'Y WATER DISTRICT ivO. 3 1, Any changes ta the Distaict's water distribution system that are a result of new constriuctian activities are the respansibitity of the praperty awners. A water plan prepared by a licensed engineer aad aWater Main Extensian Agraement must be approved and executed by Spokane County Water District Na. 3 prior to the eonstructian af any water sys#em improveznents. DATEZ] this 11 th day af April, 2003. SPOKANE CC1ilNTY HEARING EXA.NIINER IViichaeYC. Dernpsey, WSBA #89r5 HIE Findings, CQnclusivns and Decision PE-1746-94IPiJUE-1-94 Page 32 b NC3TICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Fursuant to 5pokane County Etesolutian No. 36-0171, the decisivn of the Hearing Exarniner an azi applicatzvn far a Frelimirlary Flat and for aPlarned LTnit Development (P'[JB} f]verlay zone is final and cvnclusive unless with.in twenty-one (21) calendar days frvm the issuance of the Examinex's decision, a party with standing files a land use petition in superior caurt pursuant ta chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the date of issuance of tfie Hearing Examiner°s decisiQn is three (3) days after it is rnailed. 'I'hhis Decisiern was maiLed'by Certified Mail to the Applicannt, and by first class mail to vther parties of recard, vn April 11, 20I33. The date of issuance of the Hearing Examiner's decisian is therefare April 14, 2003, counting to the next husiness day when the last day far mailing fa11s on a weekend ar hvliday. THE LAST DA.Y F[]R AFPEAL OF TEIIS LIECTS~ON TO 5LTPERiCIR CUURT $Y LA►NI3 [.TSE FETITYdN I5 IV"IA~.' 5,2003. The complefie reeord in this mattec, ineluding this decisian, is on ~ile duzing the appeaZ penad wrth the O£ice of the Hearing Exaininer, Third Flaor, Public Works Building, 1026 West Braadway Avenue, 5pakane, Wasshington, 99260-0245, (509) 477-7490. 'Phe fale may he inspected Monday -Friday of each vveek, except holidays, betvveen the hvurs of 8:30 a.rn. and 5:00 p.m. Copies of the dvcuments nn the record wi11 be made available at the cost set by 5pakane County. Pursuant to AGW 36.70B.130, affected prvperty owners may request a change in valuation fvr prvperty tax purposes natwitkstanding any pragra.m of revaluatiau. HE Findings, Canclusions aad Deeision PE-1746-941PLTlJE-1-94 Page 33 ZO-rWEST Matedals Test[ng • Geofechrucal Bglneerlrtg NoVemb@f 29, 2004 • ~~,°-d'~ Project Na.: 204-0278 <?00~ Ms. SandEra Raskel! City af Spokane Valley 11707 E Sprague Avenue Spakane Vafley, WA 99206 RE: Mrca View Estates P.U.D. - - - Gonstruction aummary NoVennher 27, 2004 - Nvverr~tber 28, 2004 Dear Ms. Raskell: This c,Qrrespandence summarizes construction activities orr this praject during the period, stated above. This correspondence is for Fnfvnrnational purposes on1y and should nvt be cvnstrueci ta imply r,ertification of the wvrk cvmpleted. Worc Comple~ This Period: Sanitary sewer installatian continued. Some storm drainage piping and catch basin ins#allation was done. Rvck drilling and blasting continved. Density testing and construction obsenration semvices were performed. Majvr Deficiencies Nvted TMis I~eriod; Nvne Anticipated Work fnr Next Period: Rough iroad grad'mg. Sanftary serwer instaflation. Starrra drainage work. Rack drilfing artd blasting. Sincerelyp ALLWEST Testing & Enganeering ~ ~ ~ob Graham Piroject Manager Gc: Bruce Haward, Landworks Der►e4opment, inc. file ~1010 N. Lake Raad • Spvkane, Washington 99212 •(509) 534-4411 • Fax (509) 534-9326 ❑ Moteriais Yesting • Geofechnicdl Englneering Decem6er 13, 2004 Prvject No.: 204-027B Ms. Sandra Raskell City of 5pokane VaFley 11707 E Sprague Avenue 5pakane lAalley, WA 99206 RE: Mica Vicew Estates P.U.D. Construction Summary Npvemaer 29, 2004 -December 12, 2004 Dear Ms, Raskell: This cvrrespandence sumrnarizes construction activities on this prQ;ect during the period stated abave. TFais cvrrespondence is fvr infvrrmational puFposes nnly and should nvt be construed to imply certifcation of the work cvrnpleted. lAlork Camplet,ed This Pgrivd: Sanitary sewer installatian continued.lNaterlines were installed. 5tarma drainage was installed. Major aefieiencies Nmted This Perivd: None Anticipated lAlark for Next Perivd: Sanitary sewer instatlation. Storm drainage wark. Waterline installatian, Si1lCefe4]I, pLLWEST Testing & Engineering Bvb Graham Praject IVianager Cc: Bruce Howard, Landwarics Develca,pment, Inc. ti le 1010 N. Lake Road • Spakarre, Washingtan 99212 •{509} 534-4411 ■Fax (509) 534-9326 . - ~ Mcdeflals Testing • GeQfechnic:al Englneering r Y Nv►►ember 22, 2004 2 3 2004 Praject No.: 204-027B Ms. Sandra Raskell City of ~~okane Valley 11707 E Sprague AVenue 5pokane Valley, WR 99206 RE: Mica View Estates P.U.D. Constructiun Se+mmary Navember 14, 2004 - Nvr►ember 20, 2004 Dear Ms. Raskell: This cmrrespondence summarizes constructiQn activities on this project during the period stated abo►re. This cvrrespvndence is for inforna#ional purposes only and should nat be construed ta impiy certifrcation of the work campleted. Work Completed This Periad: Mass grading cantinued. 5ome work was dane raughing in road grades. Sanitary sewer installativn cantinued. Sorne storm drainage piping and catch basin instailation was dane. Density testing and constructivn abservation servir,es were perfiormed. Major ~eficiencies Nvted This Period: Nocae Anticipated 1Nark for Next PeriQd: Mass grading wili contFnue. Rough road grading. Sanitary sewer ins#allatian. 5torm drainage wark. Sincerely, ALLWEST Testing & Engineering oe~l ~Z -i~/ Bab Graham Project Manager Cc: Bruce Hawarci, Landworks Develvpment, Inc. file 1010 N. Lake Raad • Spokane, Washington 99212 •[5Q9] 534-4411 9 Fax (509) 534-9326 ~I-R-WEBT Materials Testing • GeotecYrnlcal 6ng[rseering NOV 1 ~ ~ 2004 Nvvember 15, 2004 Project Na.: 204-027B Ms. 5andra Raskell City of S,pa'kane Valley 11707 E Spragrae Avenue SpQkane VaIIey, WA 99206 RE: Mrca View Estates P.U.D. CvnstraGtinn Summary Nvverrsber 8, 2004 - November 13, 2004 Dear Ms. Raskeli: Thss cvrrespandenoe surnmarizes ovnstructivn ac"es vn this project durir~g the period sfi,ated aboVe. This cvrresponder~oe is fvr in€ormatiana'f purposes vnty and shauld nmt be ranstrued #o innply certificatiarn of the wark completed. Work Com,pleted T'his Period: Mass grad'ing continued. Same wark was d'vne roughing in road grades. 5anitary sewer insta'llativn was begun_ IDensity testing was perFormed. Majvr @eficiencies Noted TMis 'Reriod: Nane Anficipated Wvrk fior Next'Period: Mass grading will oontinue. Raugh road grading. Sanitary sewwer instaflatian. 5incerely, AL'L1NEST Testing & Engineering ~ Bob Grahann Prc~ject Manager Cc: Briuoe Howard, Larrdwarks iQeve'la,pment, 'Inc. file 1010 N. Lake Rnad • Spokane, Washington 99212 •(509) 534-4411 • Fax (509) 534-9326 ~ ❑ EST o~ Materia715 Test[ng • Ge[stechnic.al E~Inesflng ~k ~ ~ 200~ Qctnber 18, 2004 Project Na.: 204-0278 Ms. Sandra Raskell Gity of 5pokane Valley 11707 E 5prague AVenue Spakane lAalley,1NA 99206 RE: Mica'View Estates P.U.D. Cvnstruction Sumrnary October 10, 2004 - C?ctaber 17, 2004 Dear Ms. Raskell: This correspvndence sumrnarizes canstructivn ac#Nities vn this prvject during the p+eriod stated abvae. This cvrrespvndence is far infar+na#ianal purrpases anly and shourd nnt he construed ta imply certificatian af the wnrk campleted. VVork Campleted This Period: Clearing and grubbing #or interior roads. Stripping of tap soFl. Major Defciencies Nated This Period: None Anticipated Work for Next Period: Raugh cutting vf road prisms. PI'acemerrt and cvmpactivn nf raadway fill. Sincerely, ALLWESF Testing & Engineering 6~~l Bob Graha Praject Nfanager Cc. Bryan Walker, Landwarks DeYeEapment, Inc. fiie 1010 N. Lake Road + 5pakane, Washington 99212 •(509) 534-4411 • Fax (509) 534-9326 ~I-RWEBT Matedals Testing • Geatechnlcal fnglneedng E C~~Irl~ ~ Idovernber 8, 2004 Project No.: 204-027B Ms. Sandra '~askeU ~ Coty vf Spokane Valley 1' 1 T07 E 5prague Avenue Spokane Valley, WA 99206 RE: Miea View Esta#ss P'.CJ.D. Canstruction 5ummary Novernber 'I, 2004 y Nvvemaer 7, 2004 Dear Ms. Raskell: This carrespvndence summarizes constructivn actFUities on this projec:t during the perind stated abave. This carrespvndence is for informational purposes vnly and should nvt be construed fia imply certification of #he work rompleted. Wvrk Cvmpletied This Period: Mass grading cvntinued. 5orne work was dane raughing in road grades. Density testing was performed. Majvr Deficiencies Nated This PeriDd: Nvne Anticipated Work for Next Periad: Mass grading will continue. Rough road grading. Sanitary sewer installation. Sincerely, ALL1NEST Testing & Engineering ~ gab Graha Prajec# Manager Cc: Bruce Hawar 7Landworks Developrnent, Inc. f le 1010 N. Lake Road • S,pokane, Washington 99212 •{509) 534-4411 9 Fax (509) 534-9326 I - ~TTWEST ~ Matedrals TsAng • Geatechnlcal Enginsering 0 2 Novem'Ger 1, 2004 Project Na.: 204-027B Ms. Sandra Raskell City af Spokarae Vailey 11707 E Sprague Avenue Spokane Va#ley, WA 99206 RE: Nlica View Es#ates P.U.D. Canstruetivn Summary Dctober 25, 2004 - (]ctober 31, 2004 Dear Ms. Raskell: T'his carrespondence summarizes canstructiara activities vn this project during the period stated abave. This correspondsnce is for inforrna#ianal purpases anly and shauid nat be construed ta imply r,ertificativn af the work completed. Wvrk Completed 7his Reriad: Mass grading car►tinued. Majar Deficiencies Nvfied This Peripd: IVane AntiCipated Work fDr Next Perivd: Mlass grading will r,,ontinue. S+ncerely> ALLWEST Testing & Engineering Bab Graham Prvject Manager ' Cc: Bruce Howard, Landworks Developmeni, Inc. file 1010 N. Lake Road o Spokane, Washingtmn 99212 ■(5O9) 534-4411 • Fax (509) 534-9326 nA -4WEST Materials TeSting • Gevtechnlcal Englneeing drr-3 Dctp4er 25, 2004 Project Na.: 204-0278 Ms. 5andra Raske4l City afi Spvkane Valley 11707 E Sprague Avenue Spokane VaIley, Wa 99206 RE: Mica View €states P.U.D. Construction Sunnmary C3ctober 18, 2004 - Dctaber 24, 2004 Dear Ms. Raskell: This correspvndence summarizes cvnstruc#+on activities on this praject during the period stated above. This carrespandenre is for infarmational purpvses anly and should not be r,,,anstrued ta imply oertificatian of the work carnpleted. Work Cvmp[eted This Penod: Mass grading was b~gun. Majvr Deficrencies Nated Thi$ Period: Nvne Anticipated Work for Nex# Periad: Mass grading will ccantinue. Sincerely, ALLWEST Testing & Engineering _ ~Z 1 Bab Graharia Prvject Manager Gc: 6ryan Walker, Landw❑rks Development, Inc. fie 1010 N. Lake Road • Spo'kane, Was'hingt4n 99212 •(509) 534=4411 • Fax (509) 534-9326