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SUB-2016-0002,REZ-2016-0003 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Preliminary Plat of Greenacres Ranch, and ) Rezone from R-2 Zoning District to R-3 Zoning ) District; ) FINDINGS OF FACT, ) CONCLUSIONS OF LAW, File Nos. SUB-2016-0002/REZ-2016-0003 ) AND DECISION Applicant: ESL Enterprises, LLC ) ) I. SUMMARY OF DECISION: Hearing Matter: Consolidated applications requesting approval of a preliminary plat, and a rezone from the R-2 zoning district to the R-3 zoning district. Summary of Decision: Approve consolidated applications, subject to conditions of approval. The preliminary plat will expire on January 18, 2022; unless a time extension request is approved under Section 20.30.060 of the Spokane Valley Municipal Code (SVMC). II. FINDINGS OF FACT: Procedural Matters: 1. The applications submitted to the City Community and Economic Development Department ("Department") on July 13, 2016, in the above-referenced file, propose a rezone of a 3.95-acre site from the Single-Family Residential Suburban District (R-2) zoning district ("zone") to the Single- Family Residential District (R-3) zone; and a preliminary plat to divide such acreage into 11 residential lots for 21 dwelling units, including one (1) lot for a single-family dwelling, and 10 lots for duplex dwellings, in the R-3 zone. 2. The site is located at the northwest corner of the intersection of Flora Road and Indiana Avenue; in Spokane Valley, Washington. 3. The site is currently referenced as County Assessor's tax parcel no. 45124.0108; and is legally described on the statutory warranty deed for the site dated January 11, 2016, a copy of which is contained in the application materials. 4. The applicant, and the site owner, is ESL Enterprises, LLC.; addressed at 24327 E. Maxwell Avenue, Liberty Lake, WA 99019. 5. On August 1, 2016, the applications were deemed complete by the Department; after initially being deemed incomplete for lack of a complete list of the owners and taxpayers of property located within 400 feet of the site. 6. On August 11,2016,the Department issued a Determination of Nonsignificance(DNS)for the applications. The DNS was not appealed. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 1 7. The Department scheduled a public hearing on the applications for December 15, 2016, commencing at 9:00 a.m. The mailing, posting and publication notice requirements for the public hearing, set forth in Chapter 17.80 of the Spokane Valley Municipal Code (SVMC), were met by the Department and the applicant, respectively. 8. On December 14, 2016, the Hearing Examiner injured his leg, and was admitted to a hospital for treatment. The Examiner takes notice that he called his staff assistant, Kristine Chase, from the hospital and instructed her to contact Department staff about the need to continue the hearing, and determine a new date for the hearing; and Department staff advised Chase that the hearing could be continued until December 21, 2016, with the concurrence of the applicant. The Hearing Examiner then sent an email to Chase, at 4:37 p.m., with copies to Micki Harnois and Lori Barlow of the Department, ordering that the hearing be continued until December 21, 2016, commencing at 9:00 a.m.; requesting City staff to post a notice by the hearing room, advising that the matter had been continued; and requesting City staff to wait until at least 9:15 a.m. on December 15, 2016 to see if anyone showed up for the hearing and could be told that the hearing had been continued. Micki Harnois forwarded a copy of the Examiner's email to the applicant's representatives. See email dated 12-14-16 from Mike Dempsey to Chase, and discussion by Dempsey and Micki Harnois regarding the continuance on 12-15-16 hearing. 9. On December 15, 2016,Micki Harnois of the Department posted signs, prior to 9:00 a.m.,at the public entrances to the Redwood Plaza Building that houses City Hall on the first floor, and outside the City Council Chambers where the Hearing Examiner conducts land use hearings for the City, as requested by the Hearing Examiner, regarding the postponement of the hearing; and also sat in the City Council Chambers from 8:45 a.m. to 9:30 a.m., in case any member of the public appeared for the hearing. Mery Olson, a neighboring property owner, was the only person who showed up for the hearing. Harnois advised Olson that the hearing was tentatively scheduled to be heard on December 22,2016 at 9:00 a.m.,and she would call him to officially confirm such continued hearing date; but then forgot to call Olson to confirm the new hearing date. See email from Mike Dempsey to Micki Harnois dated 1-12-17, response email from Harnois to Mike Dempsey dated 1-12-17, and discussion by Hearing Examiner and Micki Harnois regarding the continuance on 12-15-16. 10. On December 22, 2016, commencing at 9:00 a.m., the Hearing Examiner held a public hearing on the applications. The Examiner conducted site visits on December 20,2016 and January 9,2017. 11. The following persons testified at the public hearing, under an oath administered by the Hearing Examiner: Micki Harnois Scott McArthur City Community Development Department P.O. Box 2916 11707 E. Sprague Avenue, Suite 106 Hayden, ID 83835 Spokane Valley, WA 99206 Mary Pollard 17215 E. Baldwin Avenue Spokane Valley, WA 99016 HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 2 12. The Hearing Examiner heard the applications pursuant to Chapters 17.80, 18.20, 19.30 and 20.30 of the Spokane Valley Municipal Code (SVMC); and Appendix B (Hearing Examiner Scheduling Rules and Rules of Conduct) of the SVMC. 13. The following exhibits were admitted into the record at the public hearing: Exhibit 1: Vicinity Map Exhibit 2: Zoning Map Exhibit 3: Comprehensive Plan Map Exhibit 4: 2014 Aerial Map Exhibit 5: Application Submittal Exhibit 6: Preliminary Plat Map of Record Exhibit 7: Determination of Completeness Exhibit 8: Notice of Application Materials Exhibit 9: SEPA Determination Exhibit 10: SEPA Checklist Exhibit 11: Notice of Public Hearing Materials Exhibit 12: Agency Comments Exhibit 13: PowerPoint presentation for Staff Report and Recommendations Exhibit 14: Written comments by Mary Pollard 14. Exhibits 1-12 are attached to the Staff Report prepared by the Department. Exhibit 13 was submitted by the Department. Exhibit 14 was submitted by Mary Pollard. 15. On January 12, 2017, Mervin Olson, the owner of the 4.6-acre parcel lying directly north of the westerly two-thirds (2/3) of the site, submitted a comment letter to Micki Hamois regarding the project. Olson requested that a fence be installed along the common border between his property to the north and the site;to prevent children from entering the pasture on his property, and coming into conflict with some mules that he is keeping on his property. Considering the circumstances summarized above,the Hearing Examiner forwarded a copy of the letter by email to Scott McArthur, the applicant's consulting engineer who had represented the applicant at the December 22, 2016 hearing, and asked McArthur if he had any objection to including Olson's letter in the record. McArthur responded by email that he did not object to the letter being made part of the record, and the Examiner responded by email that the letter would be made part of the record. See emails exchanged between Mike Dempsey and Micki Harnois, and between Mike Dempsey and Scott McArthur on 1-12-17; and letter dated 1-12-17 from Mervin Olson. 16. The Hearing Examiner takes notice of the S VMC,the City Comprehensive Plan,the City Street Standards adopted in December 2009, other applicable development regulations, and prior land use decisions in the vicinity. 17. The record includes the electronic recording of the hearing; the exhibits submitted at the hearing; the sign-in sheet for the hearing; the documents in the application file at the time of the hearing, including the Staff Report; the items taken notice of by the Hearing Examiner; the emails HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 3 exchanged between Mike Dempsey and Micki Harnois, and between Mike Dempsey and Scott McArthur on 1-12-17; and the letter dated 1-12-17 from Mervin Olson. Descri€tion of Site: 18. The site is approximately 3.95 acres in size, relatively flat in topography, and L-shaped. The southeast end of the property is improved with a single-family dwelling, and two (2) detached storage structures; and is vegetated with lawn,mature deciduous trees, shrubs and other landscaping around the house and buildings. The residence is served with public sewer and water. See 2016 aerial map in Exhibit 13. 19. The remainder of the site generally consists of a grassy pasture or field. A chain link fence borders the perimeter of the site; except in the southeast end of the site, where the residence and storage structures are excluded from the fenced area. See preliminary plat map. Description of Preliminary Plat: 20. The preliminary plat map of record submitted on July 14, 2016 depicts, or indicates, the following features of the project, in pertinent part: (a)Retention of the existing residence on a lot of 10,402 square feet, located in the southeast corner of the preliminary plat; and removal of the storage sheds associated with the residence. (b)Division of the remainder of the preliminary plat area, except for Tract"A", into 10 residential lots ranging from 12,945 square feet to 17,647 square feet in size, and with an average lot size of 15,878 square feet. (c)Tract"A", a 20-foot wide tract of 3,199 square foot extending from north to south in the middle of the site; from Lot 3 of the preliminary plat south to the south lot line adjacent to Indiana Avenue, and between Lots 7 and 8 of the preliminary plat. (d)An easement for a private street,utilities, sewer and drainage easement extending easterly through the middle of the west two-thirds(2/3)of the preliminary plat, at a width of 70 feet,to the east borders of Lots 4-8 of the preliminary plat; and continuing easterly through the north 63 feet of Lot 9 of the preliminary plat, and the north 50 feet of Lot 10 of the preliminary plat,to the east border of the site adjacent to Flora Road. The easement includes a 30-foot wide hammerhead turnaround centered along the south part of the border between Lots 1-2 of the preliminary plat. The north part of the easement is 36.8 feet wide, and the south part is 33.2 feet wide. (e)A 6-foot border easement along the frontage of the preliminary plat with Flora Road. (0 A slight encroachment of the chain link fence on the site into the city right of way along Indiana Avenue, and also across the east border of the site lying directly north of its southeast end. 21. The preliminary plat narrative, attached to the preliminary subdivision application, states that 10 residential duplex structures and one (1) existing single-family residence would be provided in the project. Because a duplex dwelling can accommodate two(2)families in separate dwelling units, the project is proposing a total of 21 dwelling units on 11 residential lots. See reference to a duplex dwelling as two (2) "attached single-family dwellings", in SVMC 19.40.020.A.1.a; and definitions HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 4 of"dwelling, duplex", dwelling, single-family", "dwelling, single-family", and "dwelling unit" in Appendix A of SVMC. 22. The gross density of the preliminary plat is approximately 5.3 dwelling units per acre. 23. The preliminary plat narrative, along with the trip generation& distribution letter prepared for the project by Scott McArthur, a traffic engineering consultant retained by the applicant, indicate that the duplex unit proposed on Lot 10 of the preliminary plat will have direct access to Flora Road through a new concrete approach; the existing single-family home on Lot 11 of the preliminary plat will continue to have direct access to Flora Road, through a new concrete approach; Lots 1-9 of the preliminary plat, and all emergency vehicles using the proposed private street, will utilize the 120- foot hammerhead turnaround located in the private street easement; there are no future plans to extend the private street west of the site; each lot will have parking in the concrete driveways proposed to be located on each lot; all lots fronting the private street will have parking along one (1) side of the private street, as preapproved by the fire district; and the applicant's intent is to develop the project in only one (1)phase. 24. Scott McArthur testified that Tract A of the preliminary plat contains an existing 8-inch sewer stub extended into the site from Indiana Avenue, and may also be improved with a community garden and plant bed; the hammerhead in the private street of the preliminary plat is wider than required by Spokane County Fire District 1 ("Spokane Valley Fire Department"), in order to allow off-street parking along the private street, as will be shown in the final plans; and access for the project is proposed off Flora Road, to reduce traffic impacts along Indiana Avenue to the south. Land Use Designations for Site and Neighboring Properties. Surrounding.Conditions: 25. The site and neighboring land are designated in the Low Density Residential category of the Comprehensive Plan. 26. In April 2006, the City adopted a new Comprehensive Plan. On October 28, 2007, the City expanded and re-codified the Uniform Development Code(UDC)provisions in the SVMC,repealed its past zoning and subdivisions regulations, and adopted new zoning maps to implement the new zones in the UDC. On July 31, 2008, the City updated the Comprehensive Plan. 27. The site, and the land lying north and west of the site, east and south of the Spokane River and west of Flora Road, is zoned R-2; and generally consists of parcels that range in size from approximately .3 acres to approximately 7.6 acres in size, and are improved with single-family dwellings along with some agricultural uses. Such R-2 zoning was established on October 28,2007, when the UDC portion of the SVMC and new zoning maps were adopted by the City. 28. The strip of land bordering the river in the area consists of wooded State parkland that is improved with the Spokane Centennial Trail, an asphalt regional pathway that extends easterly to the state of Idaho and westerly to the City of Spokane and beyond. 29. A public access to the Spokane Centennial Trail and the Spokane River is located less than one-fourth (1/4) mile north of the site, north of the intersection of Flora Road and Montgomery Avenue. Indiana Avenue west of the site dead-ends at the State parkland, where access to the HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 5 Centennial Trail is barred by a guardrail. See County Assessor map for the S %2 of Section 12 in file, Scout map in file, and street map of area illustrated on preliminary plat map. 30. The land lying directly south and southwest of the site, along the south side of Indiana Avenue, is zoned Single-Family Residential District (R-3); and generally consists of parcels that range from .3 acres to several acres in size, and are improved with single-family dwellings. 31. Further south of the site,west of Flora Road,the land is zoned Single-Family Residential Urban (R-4),and consists of two(2)urban residential subdivisions of the Centennial Place preliminary plat. In February 2012,the Hearing Examiner approved the preliminary plat of Centennial Place,to divide 9.2 acres of land into 48 lots for single-family dwellings, at a gross density of 5.2 dwelling units per acre; and a rezone of such land from R-3 to R-4, to allow the approval of the preliminary plat. See Hearing Examiner decision in File No. SUB-01-12/REZ-02-12. 32. The land lying southwest of the Centennial Place subdivisions, along Mission Parkway, is designated in the Mixed Use Center category of the Comprehensive Plan, and zoned Mixed Use Center(MUC). Large multi-family apartment complexes have been developed or are being extended to the north in such zone. See testimonies of Micki Harnois and Mary Pollard. 33. The land lying east of Flora Road in the area is zoned R-3 or R-4; and includes several urban residential subdivisions that were developed over the past 10 years or so, along with parcels zoned R-3 that range from .3 acres to one (1) acre or more and are improved with single-family dwellings. The area has experienced rapid residential growth during such time period. 34. The Flora Meadows PUD plat is located northeast of the intersection of Flora Road and Baldwin Avenue, northeast of the site, on land zoned R-3; and includes 48 urban-sized lots along with common open space. Urban residential plats, on land zoned R-4, are found a few blocks southeast of the site, west of Flora Road. See description of neighboring land uses in Hearing Examiner decision in File No. SUB-01-12/REZ-02-12, Scout map showing lots and parcels in area, zoning map in Exhibit 13, and portion of County Assessor section map in file. 35. Greenacres Park, a City park recently developed on 6.8 acres of land, lies one-half(1/2) mile southeast of the site; at the northwest corner of Boone Avenue and Long Road. A public elementary school is planned to be constructed less than one-half (1/2) mile southeast of the site, at the intersection of Long Road and Mission Avenue. The nearest public transit stop is located one (1) mile southeast of the site,at the intersection of Barker and Mission. See testimony of Micki Harnois. 36. A roundabout intersection was recently installed by the City at the intersection of Mission Avenue and Flora Road, and Mission Parkway was extended east to the roundabout in a one-way configuration. West of its one-way configuration, Mission Parkway merges into Indiana Avenue; which road extends as a two-way road all the way west to Sullivan Road and Interstate 90. Freeway interchanges are located along I-90 at Sullivan Road and Barker Road. 37. Various commercial and light industrial uses have recently been developed along Indiana Avenue west of Mission Parkway. A wide range of commercial uses is found along Broadway Avenue, east of Sullivan Road. Broadway extends east to Flora Road, south of the site. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 6 38. The City Arterial Street Plan set forth in the Comprehensive Plan designates Flora Road/north of Mission as a Collector Arterial; Flora Road/south of Mission,Mission Parkway,Mission Avenue, and Indiana Avenue/west of Flora as proposed Minor Arterials; Long Road as a proposed Collector Arterial; Broadway Avenue/west of Long as a Minor Arterial; and Barker Road and Sullivan Road in the area as Principal Arterials. See description of surrounding conditions in Hearing Examiner decision in File No. SUB-01-12/REZ-02-12 Comments submitted b} Neighboring Propert •Owners: 39. Public comments regarding the application were submitted by Mary Pollard, in the form of a detailed written statement and oral testimony submitted at the public hearing; and by Mervin Olson, as summarized above. Pollard resides a few blocks southeast of the site along Baldwin Avenue, and identified herself as the chairwoman of the North Greenacres Neighborhood. Comments were also submitted by Mervin Olson, as discussed above. See Exhibit 14. 40. Mary Pollard expressed opposition to the proposed rezone, including the following concerns regarding the preliminary plat: a. The lack of a substantial change in circumstances in the area since the site was last zoned, to justify the proposed rezone. b. The increased density of housing on the site,together with the lack of sidewalks along Flora Road, decreasing the general safety in the neighborhood c. The City Council not changing the R-2 zoning of the site during its recent review and adoption of city-wide zoning, demonstrating that increased density is not needed in the area. d. The need to retain the local R-2 zoning as a buffer or transition zone to the Spokane River, to preserve the integrity of the values of the owners of property along the river, prevent additional properties zoned R-2 in the vicinity from being rezoned,preserve larger lot sizes for larger families or those who want lots larger than 10,000 square feet, and preserve the values of properties developed under the R-2 zone. e. Increased traffic from the project, together with traffic congestion at the intersection of Barker Road and Appleway Avenue,the current overuse of Barker Road,and traffic challenges on Mission Avenue. f. Recent legislative rezone proposals in the area not being approved by the City Council, including the 2014 denial of a proposed rezone along Flora Road north of Mission Avenue, based on the premise that the existing zone(presumably R-3)was a buffer zone and was needed to maintain the integrity of the area. g. The proposed private street, and two (2)private driveways, in the project intersecting Flora Road too close to other intersecting roads, i.e. Indiana Avenue on both sides of Flora to the south,and Knox Avenue to the north,creating safety concerns to pedestrians and vehicles from turning movements along Flora. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 7 h. An overwhelming increase of traffic in the area along Flora Road and Mission Avenue, including traffic from 13 new 3-story apartment buildings going west of Flora Road south of the site, and from apartments located on both sides of Mission Parkway near the river, and necessitating the reconstruction of Mission Avenue; and no need for more multi-family and/or rental housing in the area, with more than 1,000 rental units being developed along Indiana and Mission Parkway. i. The need to create housing that will preserve views along the river, instead of views of continuous rooflines; and impacts on property values from rental housing in the project. j. Insufficient monies that the City has for future road maintenance,as testified to by City staff recently. k. New housing not bringing in sufficient new taxes or being assessed impact fees to adequately support the infrastructure needs for such housing, including roads, schools, streets, police, etc. 1. Impacts from more cars and heavy construction equipment on the collector arterials in the vicinity, and on other roads not designed for heavy traffic. m. The lack of existing or planned bus service in the vicinity; dust impacts from construction on residents who suffer from asthma or COPD; the need for the project to provide sidewalks along Indiana Avenue, similar to Baldwin Avenue in the Flora Meadows project (i.e. as a flanking street), and also to support a future bike path connecting to the Centennial Trail in the future, and for children walking to a new elementary school in 2018. n. The lack of industry and commercial development to support the housing proposed in the project. o. Insufficient roads in the area, with Flora Road terminating at Montgomery Road to the north, Barker Road being overloaded with traffic, and Barker Road also serving as a truck route. p. The lack of a regional transportation study, piecemeal street planning, and a lack of information to accurately analyze the impacts of more housing in the small area lying between the Spokane River and Interstate 90 in the areas. q. The need for full cut-off lighting to reduce glare. See testimony of Mary Pollard, and Exhibit 13. Consistency of Applications with Approval Criteria for a Rezone and for a Preliminary Plat: 41. The Low Density Residential category of the Comprehensive Plan is intended to address a range of single-family residential densities from 1-6 dwelling units per acre; and is implemented by HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 8 the R-1, R-2, R-3, and R-4 zones. See p. 11-12 of Comprehensive Plan, and SVMC 19.40.030 through 19.40.060. 42. The Comprehensive Plan, on page 12, advises that typical lot sizes in the Low Density Residential category will range from 6,000 to 10,000 square feet; existing lot sizes and community character will be strongly considered when developing the City's zoning map; some areas designated in such category still lack necessary urban services and infrastructure; and upon the provision of urban services, such as water and sewer, an increase in density in some areas may be warranted. 43. SVMC 19.40.040 through SVMC 19.40.060 generally describe the R-2, R-3 and R-4 zones as low density residential development that is intended to preserve the character of existing development, subject to the dimensional standards of SVMC Chapter 19.40 that are respectively established for such districts. 44. The minimum lot size, width and depth for a single-family lot/dwelling in the R-2 zone are respectively 10,000 square feet, 80 feet and 100 feet. Duplexes are not permitted in the R-2 zone. 45. The minimum lot size, width and depth for a single-family lot/dwelling in the R-3 zone are 7,500 square feet, 65 feet and 90 feet, respectively; and for a duplex lot/dwelling unit are 6,000 square feet, 60 feet and 90 feet, respectively. Accordingly, undivided duplex lots must be a minimum of 12,000 square feet in size. The maximum lot coverage in both the R-2 zone and R-3 zone is 50%. 46. The minimum lot size in the R-4 zone is 6,500 square feet for a single-family dwelling, and 5,000 square feet for a duplex. The minimum lot width is 50 feet, and the minimum lot depth is 80 feet, for both a single-family dwelling and a duplex dwelling in such zone. The R-4 zone permits single-family dwellings, duplex dwellings and multi-family dwellings, along with certain institutional-type residential uses not permitted in the R-3 zone. 47. The R-2, R-3 and R-4 zones require front/flanking yards of 15 feet, a minimum garage setback and minimum rear yard setbacks of 20 feet, a minimum side yard setback of five (5) feet, and a maximum building height of 35 feet for residential uses. Setbacks located adjacent to a private driveway easement must be established from the inner edge of the driveway. See Table 19.40-1 of SVMC 19.40.020. 48. SVMC 19.40.030 describes the R-1 (Single-Family Residential Estate)zone as low residential development that is intended to preserve the character of existing development and to allow for a limited number of horses and other large animals; subject to the dimensional standards of SVMC Chapter 19.40 established for such district. There is no R-1 zoning in the area of the site. 49. The Staff Report sets forth relevant policies of the Comprehensive Plan for the applications. Policies LUP-1.7 and NP-2.8 state that zone changes should be allowed within the Low Density Residential category of the Comprehensive Plan when specific criteria are met. This may include substantial changes within the area, the availability of adequate facilities and public services, clear mapping errors, and consistency with residential densities in the vicinity of the rezone site. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 9 50. The Staff Report submitted by the Department sets forth relevant policies of the Comprehensive Plan for the application, and found the application to substantially conform to such policies. Additional relevant policies include the following: a. Policy TP-1.1 recommends that street design provide for connectivity between residential neighborhoods and collectors, and that cut-through traffic be discouraged. b. Policy TP-2.1 recommends that street design should complement adjacent development. c. Policy TP-4.1 recommends that high-speed traffic be restricted from residential neighborhoods and utilize traffic calming strategies to reduce vehicle speeds where appropriate. d. Policy TP-8.1 recommends that the City's transportation system be used to support desired land uses and development patterns. e. Policy TP-11.1 recommends that street standards, land uses, densities and building placement support the facilities and services needed along transit routes to make transit viable. f. Policies LUP-1.4 and LUP-2.3 encourage the development of transportation routes and facilities to serve residential neighborhoods, with special attention being given to pedestrian circulation/walking, biking and transit uses. g. Policy LUP-16.1 encourages new developments to be arranged in a pattern of connecting streets and blocks to allow people to safely get around easily by foot, bicycle,bus or car. h. Policy NP-2.6 encourages community gardens in residential areas. i. Policy BP-1.1 encourages bike lanes, shared use paths and sidewalks throughout the City where applicable and appropriate. Policy BP-1.4 encourages sidewalks,bicycle facilities and shared use paths as part of development where appropriate. j. Map 11.4 (Recommended Pedestrian Network) in the Comprehensive Plan shows a proposed sidewalk or shared use path along Flora Road between Mission Avenue and Montgomery Avenue/Centennial Trail, but no pedestrian facilities along Indiana Avenue west of Flora. Map 11.2 (Recommended Bikeway Network) shows a proposed shared use path along Flora Road between Mission Avenue and Montgomery Avenue/Centennial Trail, but no bike facilities along Indiana Avenue west of Flora. 51. The duplex lots in the project easily comply with the minimum lot area of 12,000 square feet required in the R-3 zone, and most of the duplex lots would meet such minimum lot area if the area of the lot reserved for the private street was deducted from the lot area. The duplex lots easily meet the minimum lot width of 60 feet, and the minimum lot depth of 90 feet, in the R-3 zone. All of the duplex lots would meet the minimum lot depth, and all the duplex lots but Lot 10 would meet the minimum lot width, if the area reserved for the private street was deducted from the lot area. 52. The gross density of the project of approximately 5.3 dwelling units per acre is comfortably under the maximum density of 6.0 dwelling units per acre recommended by the Comprehensive Plan in the Low Density Residential category. The proposed rezone to the R-3 zone would allow five (5) HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 10 additional dwelling units to be developed on the site, compared to the R-2 zone. See testimony of Micki Harnois. 53. The lot reserved for the existing single-family dwelling in the preliminary plat easily meets the development standards for a single-family dwelling in the R-3 zone. 54. SVMC 22.130.030 authorizes the Department's senior engineer, under the authority of the Department Director, to develop and administer the Spokane Valley street standards per SVMC 22.130.040; and to require development projects to provide transportation improvements, and dedicate right of way and border easements and future acquisition areas. 55. In December 2009, the City adopted Street Standards ("Street Standards")pursuant to SVMC 22.130.040. SVMC 22.130.070 requires the City senior engineer, prior to the issuance of any approvals for development projects or permits subject to SVMC Chapter 22.130, to determine the extent and type of street improvements, the dedication of right of way/border easements, or designation of future acquisition areas required,to the extent allowed by law,and pursuant to various plans and standards. This includes the Comprehensive Plan; the arterial street map; the Street Standards; the local street plan, the Manual on Uniform Traffic Control Devices; information provided by the applicant including engineering reports, preliminary site plans and other relevant data; a determination of the function, safety, efficiency and coordinated future expansion needs of the roadway system to serve the traveling public and emergency vehicles; and portions of the uniform development code consisting of SVMC Titles 17-25 that specifically identify future roadways, streets or other rights of way. 56. SVMC 20.20.090 requires the design of subdivisions to conform to the requirements of all applicable City plans, regulations, and design and development standards; and lists other general design requirements. This includes street alignments designed and constructed with appropriate consideration for existing and planned streets, anticipated traffic patterns,topographic and drainage conditions,public safety, adopted street standards, Comprehensive Plan, and the proposed use of the land being divided; and all road designs being in conformance with SVMC Chapter 22.130 and adopted street standards. 57. Pursuant to SVMC 20.20.100, as well as RCW 58.17.110, the Hearing Examiner is required to make written findings of fact for preliminary subdivisions, in pertinent part, that appropriate provisions are made for the public health, safety and general welfare; streets and sidewalks; sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; parks and recreation; sanitary sewer, and public potable water supplies; whether the public interest will be served by the subdivision; and whether the public interest will be served by the preliminary subdivision. 58. Chapter 7(Street Elements)of the City Street Standards distinguishes between"single family dwelling" units and "multi-family" dwelling units, but not between "single family dwelling" units and"duplex"dwelling units. 59. Appendix A of the SVMC defines a "duplex" dwelling differently than a "single-family" dwelling, with a duplex dwelling being designed exclusively for occupancy by two (2) families, and HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 11 a single-family dwelling being designed exclusively for single-family residential purposes. Table 19.40.1 (residential zone standards) of the SVMC references standards for a"single-family" lot and for a "duplex" lot. However, SVMC 19.40.020.A.1.a.characterizes a duplex dwelling as a type of "attached"single-family dwelling; so a duplex lot could be described as an"attached"single-family residential lot for two (2) dwelling units. 60. The references to "single family residential"units or lots in Chapter 7 of the Street Standards should be construed to include "duplex"units or lots. 61. The conditions of approval recommended by the City Engineering Division for the preliminary plat require Flora Road to be improved along the frontage of the site to a Collector Arterial standard; including the addition of asphalt to provide a half width of 20 feet measured from the section line east of the site, which is offset one (1) foot from the centerline of the right of way. Curb, gutter, a 10-foot roadside swale, a 5-foot sidewalk, and a 6-foot border easement extended from the back of the sidewalk are also required. 62. The conditions of approval recommended by the City Engineering Division do not require frontage improvements to Indiana Avenue, because the preliminary plat does not propose any vehicular access off Indiana Avenue. If access to Indiana Avenue was proposed, the conditions indicate that full frontage improvements would be required; including 15 feet of asphalt measured from the road centerline, curb, gutter, sidewalk, etc. 63. Section 2.3.1 of the City of Spokane Valley Street Standards ("Street Standards") establishes typical street improvement requirements for all projects "...except for single-family dwellings, set forth more specifically herein...". Section 2.3.1.b indicates that typical requirements include the design and construction of fronting improvements on existing streets "...necessary to provide adequate transportation service to, or within, a development, as applicable (see Sections 2.3.2 and 2.3.3)" 64. Section 2.3.2 of the Street Standards appears to be the section in the Street Standards that is intended to address the street standards for"single-family dwellings", which reference should also be construed to include"duplex"dwellings. Section 2.3.2.a of the Street Standards requires fronting improvements along all public streets adjacent to a planned subdivision, with the extent of required improvements being based on existing conditions, the identified impact of the project or transportation improvement, and the applicable standard; and with typical improvements being pavement widening, curb, gutter, grassy swale and sidewalk. 65. The City Engineering Division appears to have concluded that frontage improvements along Indiana Avenue are not necessary or required for the project, because Indiana is not"...necessary to provide adequate transportation to, or within..."the preliminary plat,within the meaning of Section 2.2.1.b of the Street Standards; and/or are not required due to the"...identified impact of the project or transportation improvement, and the applicable standard...", within the meaning of Section 2.3.2.a of the Street Standards. 66. Washington case law, and RCW 82.02.020,generally prohibit the imposition of a condition on development by local government that is not reasonably necessary as a direct result of the HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 12 development. Any condition imposed must also be "roughly proportionate" to the impact of the development. See Isla Verde Intl Holdings v. City of Camas, 146 Wn.2d 740 (2002); United Development v. Mill Creek, 106 Wn. App. 681 (2000), review denied, 145 Wn.2d 1002 (2001); and Sparks v. Douglas County, 127 Wn.2d 901 (1995). 67. In the current case, the project proposes no direct vehicular access to Indiana Avenue; and there is no showing in the record that the project would have any traffic impacts along Indiana Avenue west of Flora Road. The trip generation and distribution letter prepared for the project by the applicant's traffic engineering consultant shows project traffic traveling north or south along Flora Road,with no traffic generation along Indiana. 68. Except for the lots proposed along Flora Road, the lots in the project front along the proposed private street;which street could be used by future schoolchildren in the project to reach Flora Road, to access the new elementary school planned to the southeast, or by pedestrians in the project. There is no indication that the private street would include a sidewalk, but the street is planned to be constructed extra wide to allow parking on both sides. 69. The Comprehensive Plan does not specifically call out for the extension of a sidewalk,walking path or bike facilities along Indiana Avenue, west of Flora Road. The Centennial Trail is located closer to the north along Flora Road, where there is a public access north of Montgomery Avenue, than the trail is located at the end of Indiana Avenue west of the site; where Indiana Avenue dead- ends, is restricted by a guardrail, and there is no public access to the Centennial Trail. 70. Section 7.3 (Street Types)states that community needs are usually best served by streets owned and maintained by the City, most projects are required to be accessed via public streets, and private streets may be appropriate for some local accesses in very limited usage. 71. Section 7.3.2 (Private Streets) of the Street Standards provides that private streets are "local access" streets, privately owned and maintained; and states that private streets are permitted when all of the following conditions apply: a. Where connectivity to the public street system is not compromised, b. Where future through connection to public streets is not compromised, c. The private street does not land lock present or planned parcels, d. The private street serves from 2-9 single-family dwelling lots, e. The private street provides direct access to a public street. Access to and from private streets shall be limited to properties immediately adjacent to the private street, and f. The private street is not used to connect two(2)public streets. 72. The proposed private street appears to meet all the above-stated requirements, assuming that the reference to "single-family dwelling lots"above includes duplex lots. The City Senior Engineer expressed approval for the private street under Section 7.3.2 of the Street Standards("SVSS 7.3.2"). HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 13 Spokane County Fire District 1 submitted conditions of approval for the private street, but did not object to the street design. See condition#4 on p. 15 of the Staff Report. 73. Section 7.5.13.3 of the Street Standards provides that local access streets and private streets shall be located at the minimum spacing specified in Table 7.5 of the standards, measured from centerline to centerline. Table 7.5 (Minimum Intersection Spacing for Local Access Streets)requires such streets to be located a minimum distance of 150 feet from a local access street. 74. The proposed private street in the preliminary plat is located approximately 185 feet from Indiana Avenue to the south, measured from the centerlines of such streets; and approximately 55 feet from Knox Avenue to the north. The Senior Engineer for the City is presumptively aware of the intersection spacing requirements, and applied the standard to intersections on the west side of Flora Road that the project accesses and not the east side of Flora. The private street complies with the intersection spacing requirement. 75. Section 7.5.14 of the Street Standards states that subdivisions shall be planned in a manner that minimizes the number of local street (including private street) accesses to arterials and collectors. The project proposes only one (1) additional access to Flora Road, and would add a relatively small volume of peak hour traffic to Flora Road, i.e. 20 additional PM peak hour trips. 76. Scott McArthur,the applicant's traffic engineer,testified that the site lends itself to great sight distance for project access along Flora Road; likely due to the flat topography on the site and neighboring land, and the lack of obstructions looking north and south along Flora. The private street would be stop controlled at Flora. See Section 7.6.5, and Tables 7.6 and 7.7, of Street Standards. 77. The other traffic concerns expressed by Mary Pollard are not supported by provisions in the Street Standards or competent traffic engineering evidence, that would rebut the recommendations for the project by City Engineering or the traffic distribution letter prepared by the applicant's traffic consulting engineer. 78. The project will be served with public sewer and water. County Utilities, and Consolidated Irrigation District No. 19, respectively certified that the preliminary plat meets the public sewer and public water concurrency requirements set forth in the SVMC. 79. The SVMC does not require direct concurrency for schools or parks. Central Valley School District#356 was contacted regarding the project, but did not submit any comments. The City has recently developed a new City park in the area, and a new elementary school is planned on an existing site in the near future. 80. Public agencies did not object to the applications, or the environmental impact generated by the proposal. The environmental checklist submitted by the applicant, and the DNS issued by the Community Development Department,properly addressed the environmental impacts of the project. 81. The criteria for approving a rezone application are set forth in SVMC 19.30.030.B, and are addressed in detail on pages 3-4 of the Staff Report. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 14 82. Washington case law requires the proponent of a rezone to establish, by a preponderance of the evidence, that the proposed rezone bears a substantial relationship to the public health, safety or general welfare; and that a substantial change of circumstances has occurred in the area. However, under Washington case law, proof of a substantial change of circumstances is not required if the rezone implements the comprehensive plan of the local government. 83. As indicated above, policies LUP-l.7 and NP-2.8 of the Comprehensive Plan state that zone changes should be allowed within the Low Density Residential category of the Comprehensive Plan when specific criteria are met. This may include substantial changes within the area,the availability of adequate facilities and public services, and consistency with residential densities in the vicinity of the rezone site; in pertinent part. 84. The approval of the rezone application is not dependent on the approval of the preliminary plat application; although the approval of the preliminary plat application is dependent on the approval of the rezone application. The site is located along Flora Road, a Collector Arterial; has excellent access to the major arterial streets in the area, via Flora Road; has convenient vehicular access to commercial uses and urban services lying to the southwest; has direct access to public sewer and water; is located directly across Flora Road and Indiana Avenue from, and is "adjacent and contiguous to" (i.e. located across a public right of way), within the meaning of SVMC 19.30.030.B.5, R-3 zoning to the east and south, respectively; is located directly southwest, or one (1) parcel west, of urban residential subdivisions, across Flora Road; is located only one (1) lot, across Indiana Avenue,from R-4 zoning and urban residential subdivisions;and appears to be within walking distance of a new City park, and a planned public elementary school, to the southeast. 85. The R-3 district permits smaller lot sizes and higher densities than the R-2 district; and allows duplexes, unlike the R-2 district. This comports with the existing housing conditions and economic trends in the city; which show decreasing demand for larger single-family homes on larger lots, and smaller household sizes and fewer households with children. See p. 3 of Staff Report. 86. The R-3 zone is an implementing zone for the Low Density Residential category of the Comprehensive Plan. Limited opposition was expressed by neighboring property owners to the proposed applications. Substantial changes have occurred in the area since the R-2 zoning of the site was established in 2007. Adequate facilities and public services are readily available to the site; and R-3 zoning, and residential densities consistent with such zoning, are located adjacent to the site across public rights of way to the south and east. Urban residential subdivisions in the R-4 zone are located one (1)parcel to the south, across Indiana Avenue. 87. The rezone application meets the concurrency requirements set forth in SVMC Chapter 22.20; is consistent with the Comprehensive Plan; bears a substantial relation to the public health, safety and welfare; is appropriate for the reasonable development of the site; is adjacent and contiguous to property of the same or higher zone classification; will not be detrimental to uses or property in the immediate vicinity of the site; has merit and value for the community as a whole; and meets the rezone criteria in the SVMC. The Staff Report recommended no conditions of approval for the rezone application. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 15 88. The procedural requirements of the State Environmental Policy Act and SVMC Title 21 (Environmental Controls)have been met. 89. The large animal-keeping on the 4.6-acre parcel that lies directly north of the westerly two- thirds (2/3) of the site, owned by Mervin Olson, appears to be a permitted use; with the SVMC permitting a maximum of three (3) mules, per gross acre in the R-2 zone. See SVMC 19.40.150, and SVMC 19.120,.050 (Permitted Use Matrix). Neither the R-2 zone nor the R-3 zone prescribe fencing or landscaping to provide buffers within or between such zones. See SVMC Chapter 22.70. 90. Scott McArthur testified that the applicant on past projects has taken great pride in providing perimeter improvements, including landscaping and fencing. The applicant should be encouraged to provide sight-obscuring or other protective fencing along the north border of the westerly two- thirds (2/3) of the project, to limit potential land use conflicts with the large animal keeping on the Olson property. 91. The Staff Report contains a detailed analysis of the consistency of the project with the Comprehensive Plan, the development regulations of the SVMC, and the approval criteria for the preliminary plat set forth in the SVMC. The Hearing Examiner concurs with such findings and analysis, as supplemented above. 92. As conditioned, the preliminary plat application complies with the direct concurrency requirements set forth in SVMC Chapter 21.20 (Concurrency). 93. The preliminary plat application, as conditioned,complies with the R-3 district and the zoning, subdivision and other requirements for land development set forth in the SVMC; and with other applicable development regulations. 94. The preliminary plat and dedication, as conditioned, conform to the Comprehensive Plan and will serve the public use and interest. 95. The preliminary plat and dedication, as conditioned, make appropriate provision for the public health, safety and general welfare; for all other requirements found to be necessary and appropriate and for which written standards and policies have been adopted; and for open spaces, streets, alleys, drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks and other planning features for children who only walk to and from school, noise and dust emissions, sanitary wastes and sewer, public potable water supplies, easements, utilities, critical areas, and all other relevant facts as specified in RCW 58.17.110 and SVMC 20.20.100. Based on the above findings of fact, the Hearing Examiner enters the following: III. CONCLUSIONS OF LAW 1. Any finding of fact above that is a conclusion of law is hereby deemed such. 2. The proposed rezone to the R-3 zone district complies with the rezone criteria set forth in SVMC 19.30.030.B, and the rezone criteria set forth in Washington case law. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 16 3. SVMC 19.30.030 erroneously states that site-specific zoning map amendments shall be processed pursuant to SVMC 17.80.140,which section applies to Comprehensive Plan amendments and area-wide rezones processed through the Planning Commission and City Council. SVMC 18.20.030(A)(5)(h) expressly vests the Hearing Examiner with authority over site-specific rezones that are not processed at the same time as an implementing Comprehensive Plan amendment for the same site, such as the proposed rezone. 4. The proposed rezone to the R-3 zone district should be approved. 5. The approval of the preliminary plat and rezone application,as conditioned,is appropriate under SVMC 19.30.030, SVMC Title 20 (Subdivision Regulations), SVMC Chapter 18.20 (Hearing Examiner), and RCW Chapter 58.17. 6. Any conclusion of law above that is a finding of fact is hereby deemed such. IV. DECISION Based on the Findings of Fact and Conclusions of Law above, the consolidated applications for a preliminary plat and zone reclassification in the above-referenced file are hereby approved, subject to the conditions of the various agencies specified below. Any conditions of approval of public agencies that have been added or significantly altered by the Examiner are italicized. This approval does not waive the applicant's obligation to comply with all other requirements of other public agencies with jurisdiction over land development. Conditions of Approval: The "applicant", as referenced in the conditions of approval below, shall be deemed to include the owner and developer of the site, and their heirs, assigns and successors-in-interest. A. The following general conditions apply to the preliminary plat approval: SPOKANE VALLEY PLANNING DIVISION: 1. The final plat shall be designed in substantial conformance with the preliminary plat map of record submitted on July 14, 2016, and shall have a maximum of eleven (11) residential lots; unless a preliminary plat modification is requested and approved pursuant to SVMC 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations). 2. Pursuant to SVMC 20.30.060 (Extensions of Time), an application form and supporting data for time extension requests must be submitted to the Director at least thirty(30) calendar days prior to the expiration of the preliminary plat approval. 3. Pursuant to SVMC 20.20.050(Prohibition against sale, lease or transfer of property)any sale, lease,or transfer of any lot or parcel created pursuant to the SVMC that does not conform to the requirements of the HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 17 preliminary plat approval or that occurs without approval, shall be considered a violation of chapter 58.17 RCW, and shall be restrained by injunctive action and shall be illegal, as provided in Chapter 58.17 RCW. Each sale,lease,or transfer of each separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a separate and distinct offense. 4. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary and final subdivisions be made by or under the supervision of a professional land surveyor. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required for all final plats. All surveys shall comply with the, Survey Recording Act (RCW Chapter 58.09) and Survey and Land Descriptions(WAC 332-130. 5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), the preliminary plat approval automatically expires five(5)years after preliminary approval is granted,unless a time extension is approved for the preliminary plat. The expiration date for the current preliminary plat is January 18.2022. If a request for an extension of time is not submitted at least 30 days prior to the date of expiration of the preliminary plat, and approved by the Department,the preliminary approval expires and the preliminary plat is null and void. 6. Pursuant to SVMC 20.40.030(Filing Short Plat,Plat,or Binding Site Plan),the City of Spokane Valley shall record the final plat with the Spokane County Auditor's Office, upon receipt of all required signatures on the face of the plat. 7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant prior to recording. 8. The applicant is strongly encouraged to install 6-foot tall fencing along the north boundary of the westerly two-thirds (2/3) of the site, adjacent to animal-keeping on the property located to the north. B. Prior to or at the time of the submittal of a proposed final plat. the applicant or successors in interest shall comply with the following requirements: SPOKANE VALLEY PLANNING DIVISION: 1. Submit a final plat that complies with all submittal requirements specified in SVMC 20.40. 2. The final plat dedication shall state: "All lots within this plat shall comply with the building setback requirements, maximum building height standard, maximum lot coverage standard and other applicable lot development standards for the R-3 zoning district or successor zoning designation to the extent permitted by Washington State law in effect at the time of building permit application." SPOKANE VALLEY BUILDING DIVISION: 1. The following addresses have been assigned and shall be designated on the final plat: Lot 1 16907/16909 E Knox Lane _ Lot 2 16915/16917 E Knox Lane Lot 3 17003/17005 E Knox Lane Lot 4 17009/10711 E Knox Lane Lot 5 16910/16912 E Knox Lane Lot 6 16922/16924 E Knox Lane Lot 7 17006/17008 E Knox Lane Lot 8 17012/17014 E Knox Lane HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 18 Lot 9 17018/17020 E Knox Lane Lot 10 2009/2011 N Flora Road Lot 11 2003 N Flora Road SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION: 1. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access driveway plans,etc.) The plans shall conform to the 2009 City of Spokane Valley Street Standards(SVSS)or as amended, the 2008 Spokane Regional Stormwater Manual (SRSM) or as amended, the City of Spokane Valley Municipal Code (SVMC)and all other federal, state and local regulations, as applicable. 2. The review of civil plans and supporting documents cannot proceed until an application for a Land Disturbance permit has been received. All documents (plans, reports, etc) must be submitted through the Building Department Permit Center located at 11707 E Sprague Avenue, Suite 108, Spokane Valley. 3. Frontage improvements for Flora Road are required pursuant to Chapter 2 of the Spokane Valley Street Standards ("SVSS"), and are described below. Existing utilities shall be relocated to 2 feet behind the curb. The applicant is required to install seed/grass in the roadside swale, and to maintain the swale. The following information is used for determining right-of-way and border easement dedications. Flora Road is designated as a Collector Arterial. Frontage improvements to be constructed include 20 feet of asphalt width measured from the section line, Type B curb and gutter (2 feet wide), a 10-foot wide roadside swale, and a 5-foot wide sidewalk. The total width of improvements is 37 feet. The current right-of-way is 60 feet; with '/2 of the right-of-way being 31 feet as measured from the section line. The minimum '/2 right-of-way width, which is 2 feet behind the back of the future curb, is 24 feet. The existing right-of-way is adequate; however, a border easement, which extends from the right-of- way to back of sidewalk, of 6 feet is required. It is assumed that the street crown coincides with the section line and is approximately one (1) foot east of the Right-of-Way centerline. The applicant shall confirm the right-of-way location and width(s). Note—the building setback begins at the edge of the border easement. Frontage improvements along Indiana Avenue are not required, provided that no access is taken from Indiana Avenue. If access to Indiana is taken,then full frontage improvements per the SVSS shall be required. This shall be noted in the final plat dedication. The following information is used to identify what the frontage improvements along Indiana Avenue would be if access to Indiana is taken: Indiana Avenue is designated as a Local Access street. Future frontage improvements to be constructed include 15 feet of asphalt width from road centerline,Type B curb and gutter (2 feet wide), 10-foot wide roadside swale, and a 5-foot side sidewalk. The total width of improvements is 32 feet. The current right-of-way for Indiana is 40 feet;with''/2 of the right-of-way being 20 feet.The minimum 1/2 right-of-way width, which is 2 feet behind the back of the future curb, is 19 feet. The existing right-of- way is adequate; however, a border easement, which extends from the right-of-way to back of sidewalk, of 12 feet is required.The right-of-way dedication and border easement width was determined assuming that the center of the road coincides with the center of the right-of-way. The applicant shall confirm the right-of-way location and width(s). Note—the building setback begins at the edge of the border easement. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 19 4. The internal streets were reviewed by the City to determine the connectivity needs and impacts of the surrounding area. Based on such review,the City will allow the private street to be constructed as proposed, pursuant to SVSS 7.3.2. The private street shall be designed per SVSS Chapter 7 and Standard Plan R-133. 5. In accordance with the SVMC 19.40.020 (Residential Standards), all residential driveways shall be paved. Private driveways shall conform to SVSS Section 7.3.4. 6. The driveway approach design shall follow the 2009 SVSS, or as amended. 7. All stormwater facilities shall be designed per the Spokane Regional Stormwater Manual (SRSM). Linear roadside facilities, such as swales, shall be located within the right of way and/or border easements when adjacent to public streets, or within a tract or easement when adjacent to a private road or driveway serving more than one lot. Non-roadside facilities such as ponds (especially consolidated ponds, which are those receiving runoff from more than one lot)shall be placed within a tract(see SRSM 11.2). 8. A Homeowner's Association(HOA)is required for the perpetual operation and maintenance of the on- site private street, tracts, and associated facilities including but not limited to the stormwater systems at the end of the service life of the respective components,and any other improvements that may be legally required in the future. The HOA shall address maintenance of Tract A if the tract is provided. A draft copy of the CC&Rs for the HOA shall be submitted with the drainage submittal. 9. An Operations and Maintenance Manual, per Chapter 11 of the SRSM, shall be submitted with the initial submittal of final design plans for the street and/or stormwater systems. 10. For the General Construction Notes,those in the SVSS Appendix 4A shall be used rather than those in SRSM Appendix 3B. 11. Show all utilities and utility easements (i.e. Telephone, power, etc.). The permittee is responsible for arranging all utility adjustments, improvements, or relocations as required for completion of the project. All rigid objects shall be located outside the clear zone. The clear zone requirements can be found in the 2009 SVSS,or as amended. The permittee shall contact every utility purveyor impacted by the project and conduct the following process: a. Discuss with the purveyor the proposed work including private services,utility improvements, and any relocations and adjustments as well as the costs for these activities, b. When utility relocations are required, obtain from the purveyor a written statement that they acknowledge and concur with or have alternatives for the needed work;and c. Forward a copy of the statement to Spokane Valley Development Engineering. The receipt of statements will be required prior to plan approval. 12. If sewer and/or water needs to be brought to the properties, and to do this requires an Engineering design, copies of the approved sewer and water plans shall be submitted to Development Engineering. The civil plans for the project shall show the extents of pavement removal and replacement. 13. All new dry wells and other injection wells shall be registered with the Underground Injection Control program (UIC) at Department of Ecology prior to use, and the discharge from the well(s) must comply with the ground water quality requirement (non-endangerment standard) at the top of the ground water table. Contact the UIC staff at UIC Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to: http://www.ecy.wa.gov/programs/wq/grndwtr/uic/UlConlineregis.html for registration forms and further information. Copies of the registration for drywells,which receive public road stormwater runoff, shall be sent to Development Engineering. The City of Spokane Valley NPDES Permit Number is WAR04-6507. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 20 14. A Construction Stormwater Permit shall be obtained from the Department of Ecology, if both of the following two conditions apply: a. The construction project disturbs one(1) or more acres of land(i.e. area is the cumulative acreage of the entire project, whether in a single or in a multiphase project), and, b. If there is a possibility that stormwater could run off the site during construction, and into surface waters or into conveyance systems leading to surface waters of the state. Construction site operators must apply for a permit 60 days prior to discharging stormwater. More information can be obtained from http://www.ecy.wa.gov/programs/wq/stormwater/construction/ SPOKANE COUNTY ENVIRONMENTAL SERVICES DEPARTMENT: 1. A side sewer easement, with a width acceptable to the Spokane County Environmental Services Department, shall be shown on the face of the plat as"Private Sewer and Utilities Easement". 2. The final plat dedication shall state: "Public sewers shall be constructed to provide for the connection of each parcel to the County's system of sewerage. Uses on properties within the project shall be required to connect to the sewer and pay applicable charges per the County Sewer Ordinance. Sewer connection permits shall be required." 3. A Public Sanitary Sewer easement shall be shown on the face of the plat and the dedication shall state: "The perpetual easement granted to Spokane County, its successors and assigns is for the sole purpose of constructing, installing,operating, maintaining,repairing, altering, replacing, removing, and all other uses or purposes which are or may be related to a sewer system. Spokane County, its successors and assigns at all times hereinafter, at their own cost and expense, may remove all crops, brush, grass or trees that interfere with the constructing, installing, operating, maintaining, repairing, altering, replacing, removing, all other uses or purposes which may be related to a sewer system. The Grantor(s)reserves the right to use and enjoy that property which is the subject of this easement for purposes which will not interfere with the County's full enjoyment of the rights hereby granted;provided,the Grantor(s)shall not erect or construct any building or other structure or drill on the easement or diminish or substantially add to the ground cover over the easement. The easement described hereinabove is to and shall run with the land." 4. The applicant shall submit expressly to Spokane County Environmental Services Department, under separate cover, only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Prior to plan submittal,the applicant is required to contact Chris Knudson or Colin Depner at 477-3604,to discuss details of sewer plans. 5. Sewer plans acceptable to the Spokane County Environmental Services Department shall be submitted prior to the finalization of the project. SPOKANE REGIONAL HEALTH DISTRICT: 1. The final plat shall be substantially designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, Spokane Valley Engineer,and the Spokane Regional Health District. 3. The sewage disposal method shall be as authorized by the Director of the Spokane County Environmental Services Department. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 21 4. Water service shall be coordinated through the Director of the Spokane County Environmental Services Utilities Department. 5. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. 6. Prior to filing the final plat,the applicant shall demonstrate to the satisfaction of the Spokane Regional Health District that an adequate and potable water supply is available to each lot of the plat. 7. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. 8. A public sewer system shall be made available for the lot and individual service shall be provided to each lot prior to sale. The use of individual on-site sewage disposal shall not be authorized. 9. The final plat dedication shall state: "A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized." 10. The final plat dedication shall state: "Use of private wells and water systems is prohibited." 11. The final plat dedication shall state: "The public water system,pursuant to the Water Plan approved by county and state health authorities, the local fire protection district, City of Spokane Valley and water purveyor, shall be installed within this subdivision, and the applicant shall provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot." SPOKANE VALLEY FIRE DISTRICT 1 (SPOKANE VALLEY FIRE DEPARTMENT): 1. The turnaround appears to be adequate as drawn, and shall be verified as part of the grading review. 2. The fire apparatus access/roadway and turnaround shall be posted as"No Parking—Fire Lane. a. Access 20 to 26 feet wide shall be posted on both sides b. Access 26 to 32 wide feet shall be posted on one(1)side 3. Road names require approval by the fire district, and shall coincide with established road names in the surrounding road grid. The road name"Knox Lane"is recommended. 4. Addresses shall be posted so they are visible from Knox Lane, during and after construction. The address numbers shall be a minimum of 4 inches tall, and be on a contrasting background.A new street sign shall be provided at the intersection of Knox Lane and Flora Road. 5. If gates are proposed, a"to-scale" drawing shall be submitted. The minimum width shall be 20 feet. AVISTA UTILITIES: 1. The creation of new Lot 10 will cause an electric service line trespass. In order to reduce liability and remove the trespass,a 10-foot wide utility easement is required around the line as it crosses through Lot 10. 2. The final plat dedication shall state: HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 22 "Utility easements shown on the herein described plat are hereby dedicated for the use of serving utility companies for the construction, reconstruction, maintenance, protection, inspection and operation of their respective facilities,together with the right to prohibit changes in grade over installed underground facilities, the right to prohibit,trim and/or remove trees, bushes and landscaping without compensation and the right to prohibit structures that may interfere with the construction,reconstruction,reliability,maintenance, and safe operation of same. Serving utility companies are also granted the right to install utilities across border easements.The private road as shown hereon is dedicated for utility purposes in addition to ingress and egress as stated." C. Prior to or during on-site construction,the applicant or successors in interest shall comply with the following requirements: SPOKANE VALLEY PLANNING DIVISION: 1. Upon any discovery of potential or known archaeological resources at the subject properties prior to or during future on-site construction,the developer,contractor,and/or any other parties involved in construction shall immediately cease all on-site construction, shall act to protect the potential or known historical and cultural resources area from outside intrusion, and shall notify, within a maximum period of twenty-fours from the time of discovery,the City of Spokane Valley Community and Economic Development Department of said discovery. 2. Subsurface testing shall be performed prior to grading or construction activity. The applicant shall coordinate with the Spokane Tribe of Indians to conduct this review. The report shall be provided to the City, along with verification that it is acceptable to the Tribe,prior to any earth moving activity. SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION: 1. A pre-construction conference with Development Engineering is required prior to the start of construction. The grading permit shall be taken out prior to scheduling the pre-construction meeting, with proof of the permit issuance provided at the meeting. During the meeting, standards and submittal requirements for the Construction Certification will be given to the project engineer/inspector. 2. For construction affecting public right-of-way, s sign shall be securely posted at each ingress point to the project area at least forty-eight (48) hours prior to construction. Signs shall be clearly visible from the right-of-way, and provide project construction details. See SVSS Section 9.7, 3. Permits are required for any access to or work within the right-of-way of the Spokane Valley roadway system. A traffic control plan shall accompany the right-of-way obstruction permit. 4. Temporary Erosion and Sediment Control(TESC) structures(such as filter fence, silt ponds, silt traps) shall be installed prior to the start of site work and maintained throughout the duration of construction and until the site has stabilized. 5. All survey monuments shall be protected during construction. Any disturbed or damaged monuments shall be replaced prior to certification/final plat and/or release of the surety. 6. Construction within the proposed public streets and easements shall be performed under the supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject to inspection by the City Senior Development Engineer or by his staff. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 23 7. Upon completion of the improvements, a Construction Certification package and record drawings are required for the improvements and shall be submitted and approved prior to final plat approval,according to SVSS Chapter 9. 8. All public improvements shall provide a performance/warranty surety, per SVSS Chapter 9. The City only accepts letters of credit or cash savings assignments. SPOKANE REGIONAL CLEAN AIR AGENCY: 1. Dust emissions during demolition, construction, and excavation projects shall be controlled. Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers or suspension of activity during certain weather conditions. 2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean these surfaces. 3. Debris generated as a result of this project shall be disposed of by means other than burning. 4. If objectionable odors result from this project, effective control apparatus and measures shall be taken to reduce odors to a minimum. 5. A Notice of Construction and Application for Approval shall be submitted and approved by SRCAA prior to the construction, installation, or establishment of an air pollution source. This includes emergency generators rated at 500 hp(375 kW)or higher, natural gas heating equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units fired with other fuels(e.g. diesel)rated at 1 MMBTU/hr(input) or higher. Contact Spokane Clean Air for a Notice of Application. 6. A Notice of Intent shall be submitted to Spokane Clean Air prior to any demolition project or asbestos project. An asbestos survey must be done by an AHERA accredited building inspector prior to the demolition or renovation of buildings to determine if asbestos-containing material is present at the site. Contact Spokane Clean Air for a Notice of Intent application. D. Prior to final plat,the applicant shall comply with the following requirements. SPOKANE VALLEY PLANNING DIVISION: 1. Individual lots shall not have access to Indiana Avenue,unless frontage improvements are constructed or a plat alteration is approved pursuant to SVMC Chapter 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations). Title notices shall be recorded with each newly created lot that has Indiana Avenue frontage with the restrictive language. SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION: 1. Border easements shall be designated on the final plat map. 2. The Homeowner Association's UBI number shall be referenced on the face of the final plat. 3. Plat language will be determined at the time of final plat submittal. Note: contact Development Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat language. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 24 DATED this 18th day of January, 2017 SPOKANE VALLEY HEARING EXAMINER 7/ 7/ Michael Dempsey, WSBA#8235 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL: On January 18, 2017, a copy of this decision will be mailed by regular mail to the Applicant, and to all government agencies and persons entitled to notice under Section 17.80.130(4) of the SVMC. Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC),the decision of the Hearing Examiner on a site-specific amendment to the City of Spokane Valley zoning map (i.e. site specific rezone) is final and conclusive unless within fourteen (14) calendar days from the date the Examiner's decision was mailed, a party with standing appeals the decision to the Spokane Valley City Council pursuant to Section 17.90.070 of the SVMC. THE APPEAL CLOSING DATE FOR THE PORTION OF THIS DECISION APPROVING THE APPLICATION FOR A SITE-SPECIFIC MAP AMENDMENT (REZONE) FOR THE SITE FROM THE R-2 ZONING DISTRICT TO THE R-3 ZONING DISTRICT IS FEBRUARY 1,2017. Pursuant to SVMC 17.90 and RCW Chapter 36.70C, the decision of the Hearing Examiner on a preliminary plat application is final and conclusive unless within twenty-one (21) calendar days from the date of issuance of the Examiner's decision, a party with standing files a land use petition in Superior Court pursuant to RCW Chapter 36.70C. Pursuant to RCW Chapter 36.70C, the date of issuance of the Hearing Examiner's decision on such application is three (3) days after it is mailed. The date of issuance of the decision regarding the preliminary plat is, accordingly, January 23, 2017, counting to the next business day. THE APPEAL CLOSING DATE FOR THE PORTION OF THIS DECISION APPROVING THE APPLICATION FOR A PRELIMINARY PLAT FOR THE SITE IS FEBRUARY 13, 2017. The complete record in this matter, including this decision, is on file during the appeal period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West Broadway Avenue, Spokane, Washington, 99260-0245; and may be inspected by contacting Kristine Chase at(509)477-7490. The file may be inspected during normal working hours, listed as Monday-Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:30 p.m. After the appeal period, or if transferred sooner than the expiration of the HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 25 appeal period, the file may be inspected at the City of Spokane Valley Department of Community Development-Planning Division, 11707 E. Sprague Avenue, Spokane Valley,WA, 99206; by contacting Micki Harnois at(509) 921-1000. Copies of the documents in the record will be made available at the cost set by the City of Spokane Valley. Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 26