Loading...
2006, 12-26 Pre-App Mtg App, Hearing Examiner Findingssoscan dor.�alley COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Date Routed: December 26, 2006 PRE -APPLICATION MEETING NOTICE THE PLANNING DIVISION HAS SCHEDULED A PRE -APPLICATION MEETING ON FRIDAY, JANUARY 5, 2007 AT 10:00 AM This opportunity allows staff as well as the applicant to have all questions answered and issues identified before submitting a formal application. Your comments are directed only to the proposal submitted. Additional changes and or comments may be addressed at a later date. If you are unable to attend, please review the attached form and submit written comments by January 5, 2007 to the attention of the staff person identified. REQUESTED ATTENDEES: City of Spokane Valley Public Works Department — Alysa Wiyrick City of Spokane Valley Building Division — Mike Turbak LEAD PLANNER: Micki Harnois, Associate Planner Phone: (509) 688-0048 Fax: (509) 688-0037 mharnois@spokanevalley.org PROPOSAL: File Number: PRE-98-06 Property Owners/ Applicant: Sun Pine Partners Proposal: Request for preliminary plat modification from ten (10) single family residential lots to one (1) single family residential lot and twenty (20) divided duplex lots. Site Address: 517 South Felts Road Parcel No: 45201.1314 Related File: REZ-10-06/SUB-02-06 11707 E. Sprague • Suite 106 • Spokane Valley, WA • 99206 • (509) 921-1000 • Fax (509) 921-1008 11 ii.oFo�� O ko i I.iNE 1up��tu `-- fir!^-+� ----------------- 0------------- I I 105.14' LOT "21" 3,896.10 Sq. Ft. w R.OW. ..W. R.O1 J 105.16' v N o O g O wyNw --J LOT "20" n N ou 3,155.95 Sq. Ft. w 105.22' - - LOT "19" w I I - - 3,159.03 Sq. Ft. o � 105.25' - - LOT "19" w 30' 30' 30' 33• 158.12 Sq. Ft. o :LOT 5.29' "f7" w 3,159.20 Sq. Ft. o N b ^' b N w 105.32' b N O b N �' O b C• b N O O h V L y p V _ p Y V p y b m p V V N i -P UI pj V N •� �' _ LOT "16- 16"a o a: 3,160.29 Sq. Ft. � T � R 105.36' - - - °gyp. I _ , LOT "15" w I30, - - 3,161.37 Sq. Ft. 30' 30' 33, 105.40' --f I -T- L L LOT "f4" w — _ 3,162.46 Sq. Ft. o C6 \V• 105.43' N V N N N b hQ b g o C! y b S o o y o h b o o o y b o o o LOT ")3' u c a n y 3,163.54 Sq. Ft. o ' - 105.47' J LOT ")2" u 3,164.63 Sq. Ft. 30' 30' 30' 33' 105.51' Sp"okaj� '��REQUEST FOR PRE -APPLICATION MEETING Valley Community Development Department PLANNING DIVISION The City of Spokane Valley encourages pre -application meetings to discuss general issues regarding proposed development. if you are proposing to do any one or more of the following a pre -application meeting is required (conditional accessory unit, conditional use permit, preliminary plat, plat modfcation, PUD overlay, shoreline expansion of a non -conforming use, shoreline permit, variance, zero lot line and/or a rezone). Please keep in mind information provided by City staff is based on the applicant's submitted proposal. Standards may change if the proposal changes. Applicants are encouraged to bring all pertinent representatives to the meeting (i.e. architect, engineer, etc.) particularly those individuals who will actually work on the project during its design/approval phase. All applications shall be accompanied by 3 MINIMUM SITE PLAN REQUIREMENTS copies of a detailed proposed preliminary site plan to 1. North Arrow the City of Spokane Valley Permit Center. After 2. Scaled drawing (ie: Engineers scale 1"=20' to 1"=100') submittal of the application the project planner will 3. All abutting streets identified contact you to schedule a meeting approximately three 4. Actual property configuration 5. All existing structures identified and dimensioned weeks from receipt of the pre -application form. - - OWNER/APPLICANT: u ES 1 I lJ E a i f P-5 C / U Mailing Address: 1 Z W . -t i IM (9 N V1 Phone:(cd i) 7S'S-32-,37 Fax:( ) Cat41 lr� $3$14E-Mail: cic1.a -37s l APPLICANT'S REPRESENTATIVE: A-4 Firm: ; vi N.1 EPJ5 , Phone: (1.50q ) 924- L.3Z.1 Property Location: S! 7 s, f S/ f S Site Address: 5 ! Parcel Number: 4.50-b 1 , 3 Property Dimensions & Size: 70i 000 SQ 2-5'7 5 < 30 7, Z i Existing No. of Lots: � Existing Use of Site: S, N l� � �, y EtEAtilitu • ON PROPOSAL: 1 } (,' i ' C (S l t/ - i { �.i ° L (%� {' '� (- , y'� � OXANE VALLEY ❑Rezone - EXISTING: PROPOSED: DPFRTMENT OF ❑ Subdivision - PROPOSED NO. OF LOTS COMMUNITY DEVrLOPMENT Ct� Other- 1A06:0 G ©tJ 4� e?4,'UVIA 11;�12�( PI>� Specificfic Issues to Discuss: �1 �S T 1? -0 t� 5 4�N'\ v..).S 1'�1'_ �,(j GI�'k\'� V Ititrt ��/ �U I t. Dk r-t-i\ 0 1.01r- SIN E._ 0 u, ApplicantlApplicant's Representative Signature Date FOR CITY USE ONLY Project Planner: Meeting Date: File No. PRE- Q' -eV' 1/5/0 7 a-) /o Page 1 of 1 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Applications for a Rezone from the UR-3.5 ) Zone to the UR-22 Zone, and for the ) FINDINGS OF FACT, Preliminary Plat of Sun Pine; ) CONCLUSIONS OF LAW, Applicant: Sun Pine Partners, LLC ) AND DECISION File No. REZ-10-06/SUB-02-06 ) ) I. SUMMARY OF DECISION Hearing Matter: Applications for a rezone and preliminary plat. Summary of Decision: Approve applications, subject to conditions of approval. The preliminary plat will expire on August 25, 2011. An application to request an extension of time for the preliminary plat must be submitted at least 30 days prior to the expiration date. II. FINDINGS OF FACT 1. The applications seek approval of a zone reclassification from the Urban Residential-3.5 (UR-3.5) zone to the Urban Residential-22 (UR-22) zone, on 1.8 acres of land; and a preliminary plat to subdivide such acreage into ten (10) lots for single-family dwellings. 2. The site is located along the east side of Felts Road, approximately 400 feet south of the intersection of Felts Road and Fourth Avenue; in the NE 'A of Section 20, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. 3. The site is currently referenced as County Assessor's tax parcel nos. 45201.1314. The property is legally described on the preliminary plat map for the proposal. 4. The applicant for the proposal is Sun Pine Partners, LLC; c/o Steve Turney and Tim O'Neill, 212 Ironwood Drive, Suite D, Coeur d' Alene, Idaho 83814. The site owner is either Steve Tumey, at the same address; or Warren F. Fowler, 517 S. Felts, Spokane Valley, WA 99206. 5. On April 28, 2006, the applicant submitted complete applications for a zone reclassification and preliminary plat to the City Department of Community Development, in File No. REZ-10- 06/SUB-02-06, 6. On June 30, 2006, the Department of Community Development issued a Determination of Nonsignificance (DNS) for the proposal. The DNS was not appealed. 7. The Hearing Examiner conducted a public hearing on the proposal on August 3, 2006, and conducted a site visit on August 3, 2006. The notice requirements for the public hearing were met. HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 1 8. The Hearing Examiner heard the proposal pursuant to the City Hearing Examiner Ordinance, codified in chapter 10.35 of the City Municipal Code; and the Hearing Examiner Rules of Procedure adopted pursuant thereto. 9. The following persons testified at the public hearing held on September 2, 2004: Micki Harnois, Associate Planner Spokane Valley Community Development Department, Planning Division 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Steve Turney 212 Ironwood Drive Suite D Coeur d' Alene, ID 83814 Greg McCormick Spokane Valley Community Development Department, Planning Division 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Tim O'Neill 19510 N. Sands Road Colbert, WA 99005 10. The Hearing Examiner takes notice of the City Interim Comprehensive Plan, Zoning Code, City Standards for Road and Sewer Construction, City Guidelines for Stormwater Management, and Subdivision Ordinance; City Code; other applicable development regulations; City zoning maps; and prior land use decisions in the vicinity 11. The record includes the documents in the project file at the time of the public hearing, the documents and testimony submitted at the public hearing, and the items taken notice of by the Hearing Examiner. 12. The site is 1.8 acres in size and rectangular in shape. The site is relatively flat in topography. A single-family home and detached garage are located in the southwest corner of the property. The site is vegetated with trees, grass and shrubs. 13. The preliminary plat map submitted on April 10, 2006 illustrates division of the site into 10 lots for single-family dwellings, ranging in size from 6,300 square feet to 8,118 square feet, and with an average lot size of approximately 7,160 square feet. The existing residence would remain on the site, but the detached garage and another accessory structure on the site would be removed for development. 14. The density (net) of the preliminary plat of record is approximately 6.3 dwelling units per acre. The internal road system proposed in the development is a 28-foot wide private road, which would have a paved width of 24 feet and connect to Felts Road in one location. 15. Effective January 1, 1991, Spokane County reclassified the zoning of the site and other nearby properties to the UR-3.5 zone, pursuant to the Program to Implement the Spokane County Zoning Code; except for a 2.5-acre parcel of land lying approximately 450 feet southwest of the HE Findings, Conclusions and Decision REZ- 1 0-06/SUB-02-06 Page 2 site, along the north side of Eighth Avenue, which was reclassified to the UR-22 zone in the same zoning action. See County Resolution No. 85-0900. 16. Effective January 15, 2002, Spokane County implemented a new comprehensive plan, Urban Growth Area (UGA) boundaries and Phase I Development Regulations, pursuant to the GMA. See County Resolution Nos. 2-0037 and 2-0470. The County Phase I Development Regulations designated the site and neighboring land in the UGA. 17. The County Comprehensive Plan designated the site and neighboring land in the Urban Activity Center category, and designated the land lying south of Ninth Avenue in the vicinity in the Low Density Residential category. The County Phase I Development Regulations retained the existing zoning of the site and neighboring land. 18. On March 31, 2003, the site and area were incorporated into the City of Spokane Valley. Upon incorporation, the City adopted the County Comprehensive Plan, County Zoning Code, County official zoning maps, County Phase I Development Regulations and other County development regulations by reference; with certain revisions not relevant to the current applications. 19. The City Interim Comprehensive Plan and City Phase I Development Regulations, respectively, retained the comprehensive plan designations and zone classifications imposed by the County Comprehensive Plan and Phase I Development Regulations. The site and area are located inside the Aquifer Sensitive Area (ASA) Overlay zone designated by the City Zoning Code. 20. On September 19, 2005, the Hearing Examiner approved the rezone of 2.85 acres of land, lying directly southwest of the site across Felts Road, from the UR-3.5 zone to the UR-22 zone; along with a preliminary plat to divide such land into 16 lots for single-family dwellings and two common open space tracts. See decision in File No. REZ-13-05/SUB-09-05. Road improvements, including additional asphalt and sidewalk, are currently being installed along the west side of Felt Road for such project. 21. On May 10, 2006, the City implemented a new City Comprehensive Plan, pursuant to City Ordinance No. 06-010. The current application is not subject to review under the policies of the new plan; but is subject to review under the City Interim Comprehensive Plan, Zoning Code, City Phase I Development Regulations and other relevant development regulations in place at the time the current application was submitted as complete on April 28, 2006. See Section 13.300.110 of Application Review Procedures for Project Permits, adopted by City Ordinance No. 03-60. 22. On June 16, 2006, the Hearing Examiner approved the rezone of .98 acres of land located approximately 300 feet southwest of the site, between the land rezoned UR-22 zone in File No. REZ-13-05/SUB-09-05 and the land zoned UR-22 located along Eighth Avenue to the southwest. Such decision was based on the City Interim Comprehensive Plan. See decision in REZ-03-06. HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 3 23. The land located adjacent to and near the site is zoned UR-3.5; and consists of single-family residences or undeveloped land, on parcels and lots of various sizes; except for two duplexes located directly west and northwest of the site across Felts Road, and two (2) four-plexes located in the UR-22 zone located along Eighth Avenue to the southwest. 24. Some parcels zoned UR-22 are found along, or near, the west side of University Road to the east and northeast; and are developed for a child care center, assisted living facility or duplexes. This includes a parcel rezoned to the UR-22 zone in 1997, and a parcel rezoned to the UR-22 zone in 2005. See decisions in File Nos. ZE-17-96 and REZ-02-05. 25. A public transit center is located on land zoned UR-22 at the northwest corner of University Road and 4th Avenue. The land located along the north side of Appleway Avenue, and on both sides of Sprague Avenue in the area, is dominated by intensive commercial uses on land zoned Regional Business (B-3). A school that previously served as a high school is located south of Ninth Avenue in the area. 26. The City Arterial Road Plan designates University Road as an Urban Principal Arterial, Eighth Avenue as an Urban Minor Arterial, Fourth Avenue and Farr Road as Urban Collector Arterials, and Sprague Avenue and Appleway Avenue as Urban Principal Arterials. 27. The only public coiiuiients received regarding the proposal were submitted by the owner of property located directly south of the east end of the site along Sixth Avenue (Ted Burciu). Such owner objected to the proposal based on increased noise, increased housing density and loss of privacy. 28. Policy UL.9.1, Goal UL.9a and Goal UL.9b of the City Interim Comprehensive Plan, referenced in the Staff Report, do not apply to property designated in the Urban Activity Center category of the Interim Comprehensive Plan, such as the current site. The other policies referenced in the Staff Report are applicable to the proposal. 29. Policy UL.9.2 of the Interim Comprehensive Plan recommends that the City seek to achieve an average residential density in the Urban Growth Area of at least four (4) dwelling units per acre, through a mix of densities and housing types. 30. The policies of the Interim Comprehensive Plan specific to land designated in the Urban Activity Center category are set forth in policies UL.11.1 through UL.11.11. Urban activity centers are intended to be planned residential and commercial areas. Such categories are generally sized with a Y4-mile radius, so that the entire center is accessible by pedestrians; with public transportation and sidewalks being important transportation features. Residential uses will typically include single-family homes on small lots, duplexes, apartments and condominiums; with housing densities higher than the community average. Offices, recreation and cultural facilities, shopping and other services are also contemplated in urban activity centers. See page UL-14 of Comprehensive Plan. HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 4 31. Policy UL.11.7 of the Comprehensive Plan recommends that design standards and a design review process for urban activity centers be adopted; to ensure that commercial and industrial projects are developed with minimal impact on surrounding land uses, are consistent with community appearance/design guidelines and assure pedestrian as well as vehicular access. 32. Policy UL.11.8 of the Comprehensive Plan indicates that urban activity centers may contain, but are not limited to, combinations of retail stores and services; professional offices; office/light industrial; light manufacturing; multi -family housing and mixed -use developments; heavy commercial uses; research and development centers; churches, entertainment and art centers; health, human service and public facilities; schools and universities; and parks and open space. 33. Policy UL.11.10 of the Comprehensive Plan recommends that a residential component be included within urban activity centers through the use of incentives and/or the minimum requirements for residential development. 34. Policy UL.11.11 of the Comprehensive Plan recommends that design standards and land use plans be adopted for urban activity centers, based on several principles set forth in such policy. 35. Policies UL.2.3 through 2.09 of the Comprehensive Plan recommend that the City establish a design review process, to run concurrent with the land use approval process, for mixed -use areas and certain other types of development. Such process would include the development of urban design guidelines, to provide consistency of application for the design review process; the establishment of a design review board, consisting of members from designated professional groups, to review the larger, more complex projects; use of the administrative process to provide design review for small projects; and the development of neighborhood, subarea and community plans, with specific design standards that reflect and preserve neighborhood character. 36. The City Phase I Development Regulations require that all zone reclassifications be consistent with the implementing zones specified in such regulations for the Comprehensive Plan designations that apply to the subject property. The implementing zones for the Urban Activity Center category, in which the site is designated, are the UR-22, B-1 and B-2 zones. 37. The City did not establish a design review process or design review board; adopt neighborhood, community or sub -area plans for the area; or adopt design standards other than the existing City Zoning Code and City Phase I Development Regulations; to implement the policies of the Interim Comprehensive Plan regarding urban activity centers or the Urban Activity Center category. 38. RCW 36.70A.470 requires that the review of local projects subject to the land use processing procedures set forth in chapter 36.70B RCW be used to make individual project decisions, not land use planning decisions; and that project review continue even in the presence of a deficiency in a comprehensive plan or development regulations. Such statute defines a deficiency in a comprehensive plan or development regulation as the absence of required or potentially desirable contents of a comprehensive plan or regulation. HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 5 39. Pursuant to RCW 36.70A.470, the Hearing Examiner does not have authority to deny or delay approval of the proposed rezone on the basis that the City has not yet adopted policies, a design review process or design standards to fully implement the policies of the Urban Activity Center category of the Interim Comprehensive Plan. The Examiner must apply the policies and development regulations currently in effect to the proposal. 40. The purpose and intent statement of the UR-22 zone stated in Zoning Code 14.622.100 has not been altered since the County Zoning Code was adopted in 1986; and is somewhat obsolete, since it was not updated when the County Comprehensive Plan and County Phase I Development Regulations took effect in 2002, or to reflect changes to the County Zoning Code in 1996 to permit single-family and duplex dwellings. 41. Zoning Code 14.622.100 indicates that UR-22 zones are intended primarily for multiple - family dwellings, and to add to the variety of housing types and densities in urban areas; that such zones are usually located adjacent to major (Urban Principal) or secondary (Urban Minor) arterials, and permit offices to provide some of the service needs for high -intensity land uses; and that the UR-22 zone may be used provide higher density housing in locations close to employment, shopping and major transportation routes where movements of people can be handled efficiently and with the least overall adverse impact. Zoning Code 14.622.100 indicates that the purpose of the development standards of the UR-22 zone is to provide for the orderly development of residential property in a manner that provides a desirable living environment compatible with surrounding land uses and a variety of housing types and assures the protection of property values. 42. The UR-22 zone permits various types of residential and public/semi-public uses; including, without limitation, single-family, duplex, multifamily, retirement housing, day care center, church, library, business and professional offices. The minimum lot area for a single-family dwelling unit in the UR-22 zone is 1,600 square feet, and for a duplex is 3,200 square feet. The minimum lot size for other uses permitted in the UR-22 zone is generally 6,000 square feet. The UR-22 zone does not require frontage along an arterial. The maximum building height in the UR-22 zone is 50 feet. 43. Considering the dominance of residential housing in the area, the distance from the site to the Sprague Avenue corlunercial corridor, and the location of other UR-22 zoning in the area, the most suitable implementing zone for the site under the City Phase I Development Regulations is the UR-22 zone. 44. The preliminary plat proposes the development of single-family housing on the site, which provides better consistency of development with neighboring residences than multi -family housing that could be developed on the site under the UR-22 zone. The environmental checklist indicates that the units would cater to middle and high incomes. 45. The proposed rezone is generally consistent with the purpose and intent of the UR-22 zone, as set forth in Zoning Code 14.622.100. The proposal is located near an Urban Minor Arterial (Eighth Avenue) and Urban Collector Arterial (Fourth Avenue), within walking distance of the HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 6 Sprague Avenue/Appleway Avenue transportation and commercial corridor, and within walking distance of public transit. A high level of public services is available to the site. 46. The UR-22 zone requires the installation of a 6-foot high, sight -obscuring screen, and the installation of five (5) feet of Type III landscaping, adjacent to land zoned UR-3.5 (i.e. north, south and east property lines of site), except where adjacent to a public road. Such screening may consist of a sight -obscuring fence, wall or solid landscaping. This will help buffer site development from neighboring single-family residences. 47. Policy UL.2.14 of the Interim Comprehensive Plan recommends that separated sidewalks be required on public roads in all new residential subdivisions. Policy T.3e.1 recommends that the City transportation network provide safe and convenient bicycle and walking access between housing, recreation, shopping, schools, community facilities and mass transit access points; and that obstructions and conflicts with pedestrian and bicycle movement be minimized. 48. The Interim Comprehensive Plan encourages new developments to be arranged in a pattern of connecting streets and blocks, to allow people to get around easily by foot, bicycle, bus or car. The Plan recognizes that cul-de-sacs or other closed street systems may be appropriate under certain circumstances, including, but not limited to, topography and other physical limitations which make connecting systems unpractical. See Policy UL.2.20. 49. Policy T.4a.4 of the Interim Comprehensive Plan recommends that private roads be allowed within developments as a principal means of circulation; provided adequate measures are in place to assure safe travel, emergency access and permanent private maintenance. 50. Policy T.2.2 of the Interim Comprehensive Plan recommends that transportation improvements needed to serve new development be in place at the time new development impacts occur, or that a financial commitment, consistent with the City's Capital Facilities Plan, be made to complete the improvement within six (6) years. 51. Policy T,4a.2 of the Interim Comprehensive Plan recommends that the capacity of existing roads be maximized to minimize the need for new or expanded roads, through the use of signalization, improved signage and other means. 52. Guidelines set forth in the City 2001 Standards for Road and Sewer Construction ("City Road Standards") recommend the provision of adequate vehicular and pedestrian access to all parcels of land, minimizing through traffic movements and excessive speeds on local access streets, logical street patterns, minimizing vehicular and pedestrian -vehicular conflict points, considering traffic generators in designing a street system in a proposed development, and considering bordering arterial routes. 53. The City Road Standards require the installation of curb and sidewalk along the frontage of new residential developments with public roads, and along both sides of a new public road, in the urban residential zones. The standards require separated sidewalk, unless City Engineering authorizes a deviation based on local conditions and other factors. HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 7 54. The applicant submitted a traffic trip distribution analysis prepared by a consulting traffic engineer, which indicated that the project would generate well only nine (9) PM peak hour trips, and would not have any significant adverse impact on the surrounding transportation system in the area. 55. City Engineering accepted the trip distribution analysis and certified transportation concurrency for the proposal. City Engineering conditions require the applicant to improve Felts Road along the frontage of the site by adding 15 feet of asphalt, curb, gutter, sidewalk, a planting strip and border easement. Such conditions also require the private roads in the final plat to be developed to City standards. 56. County Utilities certified the availability of public sewer for the project. Modern Electric Water Company certified the availability of public water for the project. The proposal complies with the sewer, water and transportation concurrency requirements of the City Phase I Development Regulations. 57. The applicant is not required to illustrate direct concurrency for public services such as schools, park, police or fire. Central Valley School District was contacted regarding the proposal but did not submit any comments. The fire district submitted recommended conditions of approval, but found no deficiencies with the proposal. 58. City Engineering conditions require the applicant to submit final drainage and road plans in compliance with the City Road Standards and the City Guidelines for Stormwater Management. 59. The Examiner concurs with the analysis in the Staff Report finding the preliminary plat and rezone to be consistent with the City Interim Comprehensive Plan and applicable development regulations, as supplemented herein. 60. The concerns raised by the adjacent property owner are insufficient to warrant denial or modification of the proposal. 61. In accordance with the City Subdivision Ordinance, the design, shape, size and orientation of lots in the preliminary plat are appropriate for the proposed use of such lots, and the character of the area in which the lots are located. Block dimensions reflect due regard for the needs of convenient access, public safety, emergency vehicle access, topography, road maintenance and provision of suitable sites for the proposed use. Road alignments in the proposal are designed with appropriate consideration for existing and planned roads, anticipated traffic patterns, topographic and drainage conditions, safety and the proposed use of the site. 62. No public agencies objected to the proposal, as conditioned, or its environmental impact. The project will not have more than a moderate effect on the quality of the environment. 63. As conditioned, the project will be reasonably compatible with neighboring land uses, and will not adversely impact the public health, safety and general welfare. REZ-10-06/SUB-02-06 Page 8 HE Findings, Conclusions and Decision 64. The proposal has been conditioned for compliance with the UR-22 zone, the City Zoning Code, the City Subdivision Ordinance, and other applicable development regulations. No deficiencies with regard to the compliance of the proposal, as conditioned, with applicable development regulations have been established in the record. 65. Under Washington case law, a proposed rezone is not required to be supported by a substantial change in circumstances in the area since the site was last zoned, if the proposed rezone is consistent with a local comprehensive land use plan. Significant changes have, nevertheless, occurred in the area since the zoning of the site was reclassified to the UR-3.5 zone in 1991. This includes the extension of public sewer to the area, adoption of the Compi ehensive Plan and the Phase I Development Regulations, inclusion of the site in the UGA and City of Spokane Valley, and recent rezones to the UR-22 zone in the vicinity. 66. The Examiner has made minor modifications to the conditions of approval submitted for the proposal, relating to format and clarity. Based on the above findings of fact, the Hearing Examiner enters the following: III. CONCLUSIONS OF LAW 1. The proposed preliminary plat and zone reclassification to the UR-22 zone, as conditioned, generally conform to the Comprehensive Plan. 2. The preliminary plat and dedication will serve the public use and interest; and make appropriate provision for the public health, safety and general welfare. 3. The preliminary plat and dedication make appropriate provision for open spaces, roads, drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks for children who walk only to school, non -motorized transportation, sanitary wastes, potable water supplies, easements, utilities, planning features, and all other relevant facts as specified in RCW 58.17.110 and the City Subdivision Ordinance. 4. The proposed subdivision meets the general design requirements specified in Section 12.400.122 of the City Subdivision Ordinance, and other requirements for the approval of preliminary plats listed in chapter 12.400 of such ordinance. 5. The proposed rezone bears a substantial relationship, and will not be detrimental, to the public health, safety or welfare. 6. A change in economic, technological, or land use conditions has occurred to warrant the proposed rezone, and a substantial change of circumstances has occurred in the area since the site was last zoned. HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 9 7. The procedural requirements of the State Environmental Policy Act and the City Environmental Ordinance have been met. The proposal, as conditioned, will not have a significant, probable adverse impact on the environment. 8. The proposal, as conditioned, complies with the UR-22 zone, the Aquifer Sensitive Overlay zone, other applicable provisions of the City Zoning Code, and other applicable development regulations. 9. Approval of the zone reclassification is appropriate under Section 14.402.020 of the City Zoning Code, and under Chapter 10.35 of the City Municipal Code. IV. DECISION Based on the Findings of Fact and Conclusions of Law above, the subject applications for a preliminary plat and zone reclassification 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 A. General SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — PLANNING DIVISION: 1. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential- 22 (UR-22) designation for the site. 2. The final plat map shall be designed to substantially conform to the preliminary plat map of record submitted on April 21, 2006, and be limited to a maximum of ten (10) single-family residential lots, unless a preliminary plat modification is approved pursuant to Section 12.100.120 (Modifications) of the Spokane Valley Interim Subdivision Ordinance ("Subdivision Ordinance"). 3. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance, the preliminary plat approval shall automatically expire on August 25, 2011, unless a time extension is timely submitted for the preliminary plat in accordance with the Subdivision Ordinance. If a request for an extension of time is not submitted and approved, the preliminary approval expires and the plat is null and void. HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 10 4. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance, 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. 5. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale, lease, or transfer of any lot or parcel created pursuant to the Subdivision Ordinance that does not conform to the requirements of the 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. 6. Except where noted in conditions of approval, the proposal shall comply with the provisions of Chapter 14.622 (Urban Residential 22) of the Spokane Valley Interim Zoning Code ("Zoning Code"). 7. Pursuant to Section 14.622.375 (Utilities) of the Zoning Code, all utility hardware shall be placed underground or screened from view with a decorative block wall or landscaping. Said screening shall be as high as the highest portion of the equipment and shall be permanently maintained. B. Prior to final plat approval, the applicant or successors in interest shall: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT —PLANNING DIVISION: 1. In order to comply with Section 14.622.365 (Walls) of the Spokane Valley Interim Zoning Code, the applicant shall prior to final plat approval construct a six (6) foot high concrete, masonry, or decorative block wall, solid landscaping or sit -obscuring fence along the east, north and south property line. Further, the applicant shall submit a written agreement agreeing that the applicant or successors in interest shall continuously maintain in good condition the 6-foot high screening approved. Further, the applicant shall at the same time agree that at the time of sale of any and all of the parcels created through the short plat action, the applicant shall notify in writing all buyers of the requirement to maintain the 6-foot high screening approved along the portion of the property under their direct control. 2. A final plat shall be submitted and shall be made by or under the supervision of a professional land surveyor who shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. All surveys shall comply with the Survey Recording Act, Survey Land Descriptions, and the City of Spokane Valley's Interim Standards for Road and Sewer Construction, as amended. 3. The submitted final plat application shall comply with all submittal requirements specified in Chapter 12.400 of the City's Interim Subdivision Ordinance HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 11 4. The City of Spokane Valley shall record with the Spokane County Auditor's Office the final plat, upon receipt of all required signatures on the face of the plat, provided that also pursuant to this Section, the applicant shall submit prior to recording all required recording fees including appropriate fees to pay for the cost of three (3) copies of the recorded final plat for distribution to the City of Spokane Valley Planning, Engineering and Building Divisions. 5. Submit a final plat containing the following note on the face of the plat: "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 fro the UR-22 zoning district or successor zoning designation in effect at the time of building permit application." 6. Demolition of the existing outbuildings shall be permitted and final inspected by the City of Spokane Valley Building Division and Spokane County Air Pollution Control Authority prior to final plat approval. SPOKANE VALLEY PUBLIC WORKS DEPARTMENT — DEVELOPMENT ENGINEERING DIVISION: 7. Frontage improvements are required for Felts Road. Felts Road is designated as a Local Access Street. The existing right-of-way consists of twenty (20) feet from centerline to property frontage. The required improvements include a total of fifteen (15) feet of asphalt from centerline to property frontage, Type B curb and gutter, ten (10) foot planter strip and five (5) foot sidewalk. This will require a twelve (12) foot border easement. 8. All internal streets shall be designed following the 2001 Spokane County Road and Sewer Standards. 9. Transportation Concurrency has been met for this project. SPOKANE COUNTY DIVISION OF UTILITIES: 10. 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." 11. The applicant shall submit expressly to Spokane County Division of Utilities, under separate cover, only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and or estimated water usage as part of the sewer plan submittal. 12. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the project. HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 12 13. Security shall be deposited with the Division of Utilities for the construction of the public sewer connection and facilities and for the prescribed warranty period. Security shall be in a form acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary Sewer Ordinance. 14. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design Plans. 15. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 16. 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 times hereinafter, at their own cost and expense, may remove all crops, brush, grass or trees that may interfere with the constructing, installing, operating, maintaining, repairing, altering, replacing, removing and all other uses or purposes which are 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 herein above is to and shall run with the land." SPOKANE REGIONAL HEALTH DISTRICT: 17. The final plat shall be designed substantially as indicated on the preliminary plat of record and/or any attached sheets as noted. 18. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, City of Spokane Valley Public Works Department, and the Spokane Regional Health District. Written approval of the easements by the utility companies shall be received prior to the submittal of the final. plat. 19. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 20. Water service shall be coordinated through the Director of Utilities, Spokane County. 21. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. 22. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 13 23. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire protection use shall be approved by the water purveyor. Said water plan must have been approved by the fire protection district and the appropriate health authorities. The health authorities, water supplier (purveyor), and the fire protection district will certify, prior to the filing of the final plant, on the face of said water plan that the plan is in conformance with their requirements and will adequately satisfy their respective needs. Said water plan and certification will be drafted on a transparency suitable for reproduction. 24. The purveyor will also certify prior to filing the final plat on a copy of said water plan that appropriate contractual arrangements have been made with the plat sponsor for construction of the water system, in accordance with the approved plan and time schedule. The time schedule will provide, in any case, for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the plat. The contractual arrangement will include a provision holding City of Spokane Valley, Spokane Regional Health District, and the purveyor harmless from claims by any lot purchaser refused a building permit due to failure of the plat sponsor to satisfactorily complete the approved water system. 25. A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. The use of individual on -site sewage disposal systems shall not be authorized. 26. A statement shall be placed in the dedication to the effect that: "A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on -site sewage disposal systems shall not be authorized." 27. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." 28. The final plat dedication shall contain the following statement: "The public water system, pursuant to the Water Plan approved by county and state health authorities, the local fire protection district, 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 COUNTY FIRE DISTRICT NUMBER ONE: 29. The private road shall be named 5th Court. 30. The Fire Department turnaround shall be posted on both sides ("No Parking -Fire Lane"). AVISTA UTILITIES 31. A ten (10) foot wide easement strip is required along the boundary line of Felts Road. HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 14 32. In order to serve the lots within the plat, the driveway or road shall be expanded to include utilities. 33. Submit a final plat specifying the following note on the face of the final plat: "Dry Utility easements shown on the herein described plat are hereby dedicated fro the use of serving utility companies for the construction, reconstruction, maintenance, protection, inspection and operation of their respective dry facilities, i.e., fiber optic, cable, phone, natural gas and electric, together with the right to prohibit changes in grade that will reduce the existing coverage over installed underground facilities and the right to trim and/or remove trees, bushes, landscaping and to prohibit structures that may interfere with the construction, reconstruction, reliability, maintenance, and safe operation of same. Said provision does not prohibit lateral crossing of dry facilities with residential water service lines, but shall prohibit installation of water meter boxes in said easement strip. In addition, the installation of street light poles, trees, brick, rock or masonry structure within the aforementioned utility strip is prohibited, unless installed by a serving utility." QWEST 34. Qwest will require a ten (10) foot utility easement in the above referenced plat. C. Prior to or during on -site construction, the applicant or successors in interest shall: SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY: 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. Special attention shall be given to proper maintenance of diesel powered construction equipment to reduce the impact of diesel exhaust, a suspended carcinogen. 6. A Notice of Construction and Application for Approval shall be submitted and approved by SCAPCA 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 SCAPCA for a Notice of Application. HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 15 7. A Notice of Intent shall be submitted to SCAPCA 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 SCAPCA for a Notice of Intent application. 8. SCAPCA strongly recommends that all traveled surfaces (i.e., ingress, egress, parking areas, access roads, etc.) be paved and kept clean to minimize dust emissions. SPOKANE TRIBE OF INDIANS 9. If any artifacts or human remains are found upon excavation, the office should be notified and the work in the immediate area cease. SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT -BUILDING DIVISION 10. A demolition permit is required for future removal of the existing garage. DATED this 25th day of August, 2006 CITY HEARING EXAMINER PRO TEM 4177-6,- Michael Dempsey, WSBA #8235 HE Findings, Conclusions and Decision REZ-10-06/SUB-02-06 Page 16 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Chapter 10.35 of the Spokane Valley City Municipal Code, the decision of the Hearing Examiner on a combined application for a zone reclassification and preliminary plat is final and conclusive unless within fourteen (14) calendar days from the Examiner's written decision, a party of record aggrieved by such decision files an appeal with the City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington. This decision was mailed by certified mail to the Applicant, and by first class mail to other parties of record, on August 25, 2006. THE APPEAL CLOSING DATE IS SEPTEMBER 8, 2006. The complete record in this matter, including this decision, is on file during the appeal period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be inspected during normal working hours, listed as Monday - Friday of each week, except holidays, between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected at the City of Spokane Valley Department of Community Development, Division of Current Planning, 11707 E. Sprague Avenue, Spokane Valley, Washington. Copies of the documents in the record will be made available at the cost set by City of Spokane Valley Ordinance. 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 REZ-10-06/SUB-02-06 Page 17 Parcel Summary Page 1 of 3 Spokane County Parcel Data Locator Help New Search Modify Search Summary Parties Values Taxes Sales Info Seg / Merge Event /No Dwelling / Structure Parcel Photo Documents WebPlus Prism Hi Printable Fact Sheet w/o Taxes Printable Fact Sheet - Taxes Only Printable Fact Sh All Data As Of : 12/23/2006 Parcel Number: 45201.1314 Parcel Type Address City Land Size Size Description Description Tax Year Tax Code Area Status Real 517 S FELTS RD SPOKANE 78,000.00 Square Feet 11 Single Unit 2006 0144 Active Owner/Name Address 1 Address 2 City State Zip TURNEY, STEVE 212 IRONWOOD DR STE D COEUR D'ALENE ID 83814 Taxpayer/Name Address 1 Address 2 City State Zip TURNEY, STEVE 212 IRONWOOD DR STE D COEUR D'ALENE ID 83814 Legal Description OPPORTUNITY S2/5 OF N1/2 EXC W2OFT B232 UOM Field Book No Inspection Cycle Millar Square Feet 00746 OP 6 14.4864 Parcel Class 11 Single Unit Appraiser 49 Appraisal Date 1/10/2003 Neighborhood Code 724526 Neighborhood Name BAK01 Neighborhood I PLAT - OPPOR1 Active Exemptions Senior/Disabled Level C Current Assessed Value Tax Year Land Dwelling 1 Structure Current Use Land Taxable Personal Pn 2007 20,700 124,900 0 145,600 Certified Values Tax Year Land Dwelling! Structure Current Use Land Taxable Personal Pr4 2001 15,800 61,800 0 77,600 2002 15,800 61,800 0 77,600 2003 15,800 61,800 0 77,600 http://webpadal/ParcelSummary.aspx 12/26/2006 ParcelSummary Page 2 of 3 2004 2005 2006 20,700 20,700 20,700 94.400 94,400 108,600 0 115,100 D 115,100 0 126,422 Sale Date 2006-03-15 Sale Price 270, 000.00 Sale Instrument Statutory Warranty Deed Excise Number 200604553 Sale Date Sale Price Sale Instrument Book Dweliingl Structure Year Built Year Remodeled Main Floor Size Size Type House Type Stories Attic Basement Roof Material Heat Cool Bedrms Residential Detached Garage 1969 0 832 SF Residential Detached Garage 1982 0 1,764 SF General Purpose Bldg Wood Pole Frame 1989 0 444 SF Carport Flat Roof 1984 0 448 SF Dwelling 1928 1971 988 SF 12 Convent'I 1/1 +story 1.5 None 3/4 Comp sh medium Forced hot air- gas None 3 Make Model Serial No. Features! Structure Main Floor Size Size Ty Asphalt floor 448 SF Built-in Dishwasher 1 Concrete floor 444 SF Electric lights 444 SF Electric lights 1,764 SF Exhast fan and hood 1 IT Half bath 1 Heating 1,764 SF Range & oven combination 1 IT Tax Year Charge Type Annual Charges Rem; 2006 A/V 1st Penalty 50.08 2006 AN Interest 33.39 2006 AN Property Tax 1,669.16 2006 Aquifer Principal HOUSE 30.00 2006 Interest & Penalties 83.94 2006 Soil Conservation Interest 0.10 2006 Soil Conservation Penalty 0.15 2006 Soil Conservation Principal CNSV3 5.00 2006 Stormwater Interest Spokane Valley 0.40 2006 Stormwater Principal Spokane Valley RES1 20.00 http://webpadal/Parcel Summary. aspx 12/26/2006 Parcel Summary Page 3 of 3 2006 Weed Control Interest 0.06 2006 Weed Control Principal WCWEED3 3.00 Sum 1,895.28 2005 AN Property Tax 917.71 2005 Aquifer Principal HOUSE 30.00 2005 Soil Conservation Principal CNSV3 5.00 2005 Stormwater Principal Spokane Valley RES1 17.00 2005 Weed Control Principal WCWEED3 3.00 Sum 972.71 2004 AN Property Tax 1,797.60 2004 Aquifer Principal HOUSE 30.00 2004 Soil Conservation Principal CNSV3 5.00 2004 Stormwater Principal Spokane Valley RES1 10.00 2004 Weed Control Principal WCWEED3 3.00 Sum 1,845.60 2003 AN Property Tax 1,199.51 2003 Aquifer Principal HOUSE 30.00 2003 Soil Conservation Principal CNSV3 5.00 2003 Stormwater Principal Spokane Valley RES1 10.00 2003 Weed Control Principal WCWEED3 3.00 Sum 1,247.51 Total 5,961.10 Help New Search Modify Search Contact informafron :] http://webpadal/ParcelSummary.aspx 12/26/2006 20' 20' N 20' Sunpine Partners LLC 212 Ironwood Dr. Suit D-213 Coeur d'Alene Id. Telephone 0 (1. ..„,./Rber -PP&CATV 66' IC V 60 0 o� oR V c 66' OrWereoy 01slf Fg V a 60' 0 Hwwl �— Goroge to be removedOT "T" "T 517 S FELTS 7,560 Sq. Ft. 120' —__TNephone RbmLOT "2" 0 7,560 Sq. Ft 0 120' -' "PP&GTV 0 0 60' . LL Va 60' 60' F to 0 60' 60' 0 60' 60' in 0' 60' h� 66' N E» oNI a 66' LOT'7' LOT '8' LOT '9' LOT '10' PROPERTY DESCRIPTION 0 25 50 100 1= I The South two -fifths of the North 1/2 of Troct 232 of Opportunity, as per plat thereof recorded in Volume "K' of Plats, page 20; EXCEPT the West 20 feet thereof. Property description is from Statutory Warranty Deed. Auditor's Doc. No. 770623088. SITE DATA REMARKS 1305107G 208E PROPOSED ZONE 8Ri-33 GR-22 No. of Lob 10 TYPICAL LOT SIZE awlm 8,300 Sq. FL to 8,118 Sq. FL TYPICAL LOT ERCPITAOE Be TOTAL AREA Cr PLAT 1.80 Mee x of 9uidln9 wwroge 255 01tNER/APPLKNIT Tim 0'No8 Soopto. 110 212 Bar,eood Suite D-213 Caws d AWN, 0. 83814 990-3751 SANRARY SERER Pudiq DCYESRC WATER Medea, Elsairle Wotar Company NOTES The existing garage will be removed or demolished. House to remain Property is so flat that we can not come up with contours at 10' intervals. There are no wooded areas, streams, drainage ways, or critical areas as defined in the Critical Areas Ordinance. SETBACKS Grunt Yard/noekwg Yard . 15 Side Yard . S' Rear Yard . 15' A TI VICINITY MAP NO SCALE P1?», 'L IMINA R Y PLA T NE 1/4 OF SECTION 20 T. 25 N., R. 44 E.W.M. SPOKANE GALLEY, WASHINGTON Founded 1946 Vimpson Engineers, Inc. CIVIL ENGINEERS & LAND SURVEYORS N. 909 ARGONNE ROAD, SPOKANE WA., 99212-2789 PHONE (509) 926-1322 FAX <509) 926-1323 P\Protects\14501-15000\I4997-O'Nenil\d.q\I4997-O'Nen110,q 04/10/2006 10.16:31 AM PDT