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PE-1743-93SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS OF FACT, CONCLUSIONS AND ORDER INTRODUCTION This matter has come before the Hearing Examiner Committee on March 24, 1994. The members of the Committee present are: Harry Gibbons, Chair, Brenda Bodenstein and Donald Moore. PROPOSAL The sponsor, Dean Greer requests approval of PE-1743-93, Preliminary Plat of Scottish Addition to subdivide approximately 6.19 acres into 8 lots for single family dwellings and those uses allowed in the existing Urban Residential-3.5 (UR-3.5) zone. FINDINGS OF FACT AND CONCLUSIONS 1. The property is generally located at the northeast comer of the intersection of Long Road and Montgomery Avenue in the NE 1/4 of Section 7, Township 25 North, Range 45 EWM, Spokane County, Washington. 2. On February 24, 1994 The Hearing Examiner Committee voted unanimously to continue this item to the next available public hearing to allow the applicant to provide adequate public notice. 3. The Committee adopts the Planning Department Report as a part of this record. 4. The existing land uses in the area include single family residences, large animal keeping, and the Spokane River. 5. The proposed use is compatible with existing uses in the area. 6. The Comprehensive Plan designates this site as Urban and within the Aquifer Sensitive Area (ASA) Overlay Zone. The Urban category is intended to provide the opportunity for development of a "citylike" environment which includes various land uses and intensive residential development. Residential net densities in the Urban category should range between 1 and 17 units per acre. The proposed density of 1.13 units per acre for this proposal is in accord with the density range suggested by the Urban category. 7. The existing Urban Residential-3.5 (UR-3.5) zone does implement and conform to the Urban category of the Comprehensive Plan. 8. The Arterial Road Plan designates Long Road and Montgomery Avenue as Local Access Streets, with a recommended right of way width of 60 feet. 9. The existing zoning of the property described in the application is Urban Residential-3.5 (UR-3.5) previously established as Agricultural zoning in 1958 and redesignated to Urban Residential-3.5 (UR-3.5) on January 1, 1991 pursuant to the HEC Order for PE-1743-93 Page 2 Program to Implement the Spokane County Zoning Code. Pursuant to RCW 58.17.195 the proposal does conform to the requirements of the existing Urban Residential-3.5 (UR-3.5) zone. 10. The provisions of RCW 43.21C (The State Environmental Policy Act) have been complied with and a Determination of Nonsignificance (DNS) was issued. The Committee, after independent review, hereby adopts the DNS. 11. The legal requirements for public notice have been fulfilled. 12. The owners of adjacent lands expressed neither approval nor disapproval of the proposed use. 13. The proposed use will not be detrimental to the public health, safety, morals or welfare especially in light of the conditions recommended by the reviewing agencies. 14. The subdivision proposal is generally consistent with RCW 58.17 and the County subdivision regulations, promoting the public health, safety and general welfare in accordance with standards established by the state and Spokane County. The proposal as conditioned does provide adequate public facilities as cited in RCW 58.17.110 (2). More specifically: a. open spaces b. drainage ways c. public and/or private rights -of -way d. potable water e. sanitary waste disposal f. parks and recreation facilities g. playgrounds h. schools and schoolgrounds 15. The Washington State Board of Health implemented new regulations regarding the use of on -site sewage disposal systems effective January 1, 1994. This proposal was submitted prior to January 1, 1994 and implementation of the new State Board of Health regulations. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL 1. All Conditions imposed by the Hearing Examiner Committee shall be binding on the "Applicant," which term shall include the owner or owners of the property, heirs, assigns, and successors -in -interest. 2. The conditions of approval apply to the preliminary subdivision of record. HEC Order for PE-1743-93 Page 3 SPOKANE COUNTY PLANNING DEPARTMENT 1. The proposal shall comply with the Urban Residential-3.5 (UR-3.5) and Aquifer Sensitive Area (ASA) Overlay Zones, as amended. 2. The final plat shall be designed substantially in conformance with the preliminary plat of record. No increase of density or number of lots shall occur without a change of condition application submittal and approval. 3. The Planning Director/designee shall review any proposed final plat to ensure compliance with these Findings and Conditions of Approval. 4. A final plat name/number shall be indicated before the final plat is filed, such name/number to be approved by the Planning Director/designee. 5. Appropriate road name(s) shall be indicated. 6. The preliminary plat is given condidonal approval for three (3) years, specifically to April 1, 1997. The applicant may request an extension of time by submitting a written request approximately forty-five (45) days prior to the above expiration date. 7. Appropriate utility easements shall be indicated on copies of the proposed final plat.„/ Written approval of utility easements by appropriate utility companies shall be received with the submittal of the final plat. 8. The final plat map shall indicate by a clear, dashed line the required yard setbacks from all private, "Tract X" or public roads. The dedication shall contain the following statement: "Side yard and rear yard setbacks shall be determined at the time building permits are requested unless these setbacks are specifically drafted on this final plat. The setbacks indicated on this plat may be varied from if proper zoning approvals are obtained." 9. Three (3) current certificates of title shall be furnished to the Planning Department prior to filing the final plat. 10. Prior to filing of all or a portion of the final plat, the applicant's surveyor shall submit one or more maps outlined in red of the area being finalized. The scale shall match the appropriate assessor's map scale. 11. A plan for water facilities adequate for domestic service and fire protection shall be approved by the water purveyor, appropriate fire protection district, County Building & Safety Department and County Health District. The agencies will certify on the Water Plan, prior to the filing of a final plat, that the plan is in conformance with their respective needs and regulations. The Water Plan and certification shall be drafted on a transparency suitable for reproduction and be signed by the plat sponsor. ,/ HEC Order for PE-1743-93 Page 4 12. The water purveyor shall certify that appropriate contractual arrangements and schedule of improvements have been made with the plat sponsor for construction of the water system in accordance with the approved Water Plan. The time schedule shall provide for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the final plat. The arrangements or agreements shall include a provision holding Spokane County and the purveyor harmless from claims by any lot purchaser refused a building permit due to the failure of the subdivision sponsor to satisfactorily complete the approved water system. 13. The final plat dedication shall contain the following statement: "The public water system, pursuant to the Water Plan approved by county and state health authorities, the local fire protection district, County Building & Safety Department 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." 14. No building permit will be issued for any lot within the final plat until certified by a Washington state -licensed engineer that "the water system has been installed pursuant to the approved Water Plan for the final plat," including a signed license stamp. The certification may be in the form of a letter, but is preferred to be certified on a copy of the Water Plan as a schematic map showing the "as -built" water system. 15. The Water Plan and the above four (4) conditions of approval regarding the Water Plan may be waived by the Planning Director/designee uponreceipt of letters, from the appropriate water purveyor and fire protection district stating that simple connections to an existing, approved water system will provide adequate domestic and fire protection water to ensure the public health, safety and general welfare. 16. A survey is required prior to the filing of a final plat. 17. The dedicatory language of the plat shall contain the following statement: "Duplexes are prohibited." 18. The applicant shall demonstrate to the satisfaction of the Spokane County Planning Department that the existing accessory structures located on proposed Lot 3 have been removed prior to the filing of the final plat. If the structures are not removed, a primary use shall be established for each remaining structure on individual lots to recognize the "sheds" as accessory structures. 19. The Owner shall negotiate with the Central Valley School District and submit a recorded copy of a voluntary agreement making provisions for public schools prior to finalization and recording of this plat. The agreement shall provide a written description of the subject property to which the agreement applies and also state the dollar amount and any other agreed to mitigating measures. The Owner shall also notify any potential purchasers who have made an agreement to purchase property within said plat pursuant to the Revised Code of Washington HEC Order for PE-1743-93 Page 5 (58.17.205), that adequate provisions for school facilities must be made conditioned on a future agreement between the plattor and school district. Voluntary agreements between the Owner and School District shall conform to the requirements of the Revised Code of Washington Chapter 82.02. 20. The Owner shall negodate with the Spokane County Parks Department and submit a recorded copy of a voluntary agreement making provisions for public parks prior to finalization and recording of this plat. The agreement shall provide a written description of the subject property to which the agreement applies and also state the dollar amount and any other agreed to mitigating measures. The Owner shall also notify any potential purchasers who have made an agreement to purchase property within said plat pursuant to the Revised Code of Washington (58.17.205), that adequate provisions for parks must be made conditioned on a future agreement between the plattor and Spokane County Parks Department. Voluntary agreements between the Owner and Spokane County Parks Department shall conform to the requirements of the Revised Code of Washington Chapter 82.02. SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS 1. The conditional approval of the plat is given by the County Engineer subject to dedication of right-of-way and approval of the road system as indicated in the preliminary plat of record. 2. Plans, profiles, and cross -sections as designed to County standards showing proposed street centerline and curb grades shall be submitted to the County Engineer for approval prior to construction and/or the filing of each final plat; road plans to be prepared under the direction of a licensed Professional Civil Engineer. 3. Drainage plans and design calculations showing the alignment of drainage facilities shall be submitted to the County Engineer for approval prior to construction and/or the filing of the final plat. Drainage plans to be prepared under the direction of a licensed Professional Civil Engineer. 4. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed engineer/surveyor, who shall furnish the County Engineer with "as -built" plans and a certificate in writing that all improvements were installed to the lines and grades shown on the approved construction plans and that all disturbed monuments have been replaced. 5. No construction work is to be performed within the existing or proposed public right-of-way until a permit has been issued by the County Engineer. All work is subject to inspection and approval by the County Engineer. 6. All construction within the existing or proposed public right-of-way is to be completed prior to filing each final plat, or a bond in the amount estimated by the County Engineer to cover the cost of construction of improvements, construction HEC Order for PE-1743-93 Page 6 certification, "as -built" plans and monumenting the street centerlines shall be filed with the County Engineer. 7. Individual driveway access permits are required prior to issuance of a building permit for driveway approaches to the county road system. 8. Existing county roads providing direct access to the plat shall be paved and/or curbed to Spokane County standards. 9. All public roads within the plat shall be designed and constructed to Spokane County standards. 10. The word "applicant" shall include the owner or owners of the property, his heirs, assigns and successors. 11. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of Montgomery Avenue which is adjacent to the proposed development. This will require the addition of approximately 9-11 feet of asphalt along the frontage of the development. The construction of curbing is also required. 12. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of Long Road, which is adjacent to the proposed development. This will require the addition of approximately 9-11 feet of asphalt along the frontage of the development. The construction of curbing is also required. 13. The proposed subdivision shall be improved to the standards set forth in Spokane County Board of Commissioners Resolution No. 80-1592, as amended, which resolution establishes regulations for roads, approaches, drainage and fees in new construction. 14. The County Engineer has examined this development proposal and has determined that the impact of this proposal upon the existing county road system warrants the dedication of additional right-of-way and the roadway improvements herein specified. 15. There may exist utilities, either underground or overhead, affecting the subject property, including property to be dedicated or set aside for future acquisition. Spokane County assumes no financial obligation for adjustments or relocation regarding these utilities. Applicant(s) should check with the applicable utility purveyor and the Spokane County Engineer to determine whether applicant(s) or the utility is responsible for adjustment or relocation costs and to make arrangements for any necessary work. SPOKANE COUNTY DIVISION OF UTILITIES 1. Pursuant to the Board of County Commissioners Resolution No. 80-0418, the use of on -site sewer disposal systems is hereby authorized. This authorization is conditioned on compliance with all rules and regulations of the Spokane County HEC Order for PE-1743-93 Page 7 Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health District. 2. The dedication shall state: "The owner(s) or successor(s) in interest agree to authorize the County to place their name(s) on a petition for the formation of ULID by petition method pursuant to RCW 36.94, which petition includes the owner(s)' property; and further not to object by the signing of a protest petition against the formation of a ULID by resolution method pursuant to RCW Chapter 36.94 which includes the owner(s)' property. PROVIDED, this condition shall not prohibit the owner(s) or successor(s) from objecting to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or resolution method under RCW Chapter 36.94." 3. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 4. The dedication shall state: "Each new dwelling unit shall be double -plumbed for connection to future areawide collection systems." SPOKANE COUNTY HEALTH DISTRICT 1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, Spokane County Engineer and the Spokane County Health District. Written approval of the easements by the utility companies must be received prior to the submittal of the final plat. 3. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 4. Water service shall be coordinated through the Director of Utilities, Spokane County 5. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. 6. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane County Health District that an adequate and potable water supply is available to each tract of the plat. 7. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. 9. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane County Health District that suitable sites for on -site sewage disposal systems are available on all lots. HEC Order for PE-1743-93 Page 8 10. Subject to specific application approval and issuance of permits by the health officer, the use of individual on -site sewage disposal systems may be authorized. 11. The dedicatory language of the plat will state: "Subject to specific application approval and issuance of permits by the Health Officer, the use of individual on -site sewage systems may be authorized." 12. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." 13. The final plat dedication shall contain the following statement: "The public water system, pursuant to the water plan approved by county and state health authorities, the local fire protection district, County Building and Safety Department, 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 PROTECTION DISTRICT NO. 1 1. This plat requires one new fire hydrant at the East end of the plat. You may install the hydrant on the South side of Montgomery Avenue where the existing water main lies. This hydrant needs to be installed prior to building on Lots 6, 7 and 8. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1. All air pollution regulations must be met. 2. Air pollution regulations require that dust emissions during demolition, construction and excavation projects be controlled. This may require use of water sprays, tarps, sprinklers or suspension of activity during certain weather conditions. Haul roads should be treated, and emissions from the transfer of earthen material must be controlled, as well as emissions from all other construction -related activities. 3. All traveled surfaces (ingress, egress, parking areas, access roads) must be paved and kept clean. 4. Measures must 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. 5. Debris generated as a result of this project must be disposed of by means other than burning (i.e., construction waste, etc.). 6. All solid fuel burning devices (wood stoves, pellet stoves, etc.) must comply with local, state, and federal rules and regulations. HEC Order for PE-1743-93 Page 9 CENTRAL VALLEY SCHOOL DISTRICT 1. See Planning Department Condition No. 19. SPOKANE COUNTY DEPARTMENT OF PARKS, RECREATION AND FAIR 1. See Planning Department Condition No. 20. HEC Order for PE-1743-93 Page 10 ORDER The Hearing Examiner Committee, pursuant to the above Findings of Fact and Conclusion, APPROVES the application of Dean Greer for the subdivision of approximately 6.19 acres into 8 lots for single family residences and those uses allowed in the existing Urban Residential-3.5 (UR-3.5) zone as described in the application PE-1743-93 known as Scottish Addition. Motion by: Donald Moore Seconded by: Brenda Bodenstien Vote: (3-0) UNANIMOUS TO APPROVE THE PRELIMINARY PLAT HEARING EXAMINER COMMITTEE HEREBY A 1 JEST TO THE ABOVE FINDINGS, ORDER AliD VOTE eac,f_e, ATTEST: For WALLIS D. HUBBARD Planning Director JOHN W. PEDERSON Senior Planner c/, /I9% March 24, 1994 Pursuant to Spokane County regulations, any aggrieved party has the right to appeal this written decision to the Spokane County Board of County Commissioners within ten (10) calendar days of the signing of this order. Upon receipt of an appeal, a public hearing will be scheduled. If you desire to file such an appeal, you must submit a written appeal, preferably on forms designed for such purpose, to the Board of County Commissioners, West 1116 Broadway, Spokane, WA 99260, along with a $210 processing fee payable to the Spokane County Treasurer. If you have any questions, please call the Planning Department at (509) 456-2205.