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SUB-02-09 Hearing Examiner Decision with Order Revising Decision• • CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Application for the Preliminary Plat of Crosby ) Family Land, in the R-3 Zoning District; ) FINDINGS OF FACT, Applicant: Landworks Engineering, Inc. ) CONCLUSIONS OF LAW, File No. SUB-02-09 ) AND DECISION I. SUMMARY OF DECISION Hearing Matter: Application for a preliminary plat, in the R-3 zoning district. Summary of Decision: Approve preliminary plat, subject to conditions. The preliminary plat will expire on October 16, 2014, unless a request for an extension of time is timely submitted at least 30 days prior to such expiration date. II. FINDINGS OF FACT 1. The application seeks approval of the preliminary plat of Crosby Family Land, to subdivide approximately 7.84 acres of land into 29 lots for single-family dwellings; in the Single-family Residential Urban (R-3) zoning district. 2. The site is located along the east side of Adams Road, between Broadway Avenue and Mission Avenue; in Spokane Valley, Washington. 3. The site is currently referenced as County Assessor's tax parcel no. 45141.9003, and is legally described on the preliminary plat map of record. 4. The applicant is Landworks Engineers, Inc., which has a mailing address of c/o Joshua Tripp, 721 N. Pines Road, Spokane Valley, WA 99206. The site owner is Crosby Family LLC, which has a mailing address of 2910 E. 13th Avenue, Spokane, WA 99202. 5. On May 18, 2009, the applicant submitted a complete application for the preliminary plat to the City Community Development Department ("Department"). On July 14, 2009, the applicant submitted a revised preliminary plat map. 6. On July 24, 2009, the Department issued a Determination of Nonsignificance (DNS) for the application, under Chapter 21.20 of the SVMC. The DNS was not appealed. 7. On September 3, 2009, the Hearing Examiner held a public hearing on the application. The notice requirements for hearing were met. The Examiner conducted a site visit on September 2, 2009, and also on September 3, 2009 after the public hearing. 8. The following persons testified at the public hearing: HE Findings, Conclusions and Decision SUB-02-09 Page 1 CONCLUSIONS OF LAW 1. The Hearing Examiner has no legal authority to determine whether the owners of single- family lots located between the east boundary of the site and Burns Road have prescriptive easement rights to access the rear yards of the properties through the site. Such legal rights can only be determined by Spokane County Superior Court through a quiet title action, absent the agreement of the parties. 2. Certain revised conditions of approval, as discussed in the findings of fact above, should be added regarding access in the preliminary plat. 3. Pursuant to RCW 36.70B.030 and 36.70B.040, the Hearing Examiner cannot question the number of lots, lot sizes, lot frontages, lot depths, lot configurations, or proposed land uses in the preliminary plat; since they comply with the development standards of the R-3 zoning district and the SVMC. 4. The preliminary plat complies with the direct concurrency requirements set forth in Chapter 21.20 (Concurrency) of the SVMC. 5. The preliminary plat, as conditioned, complies with the R-3 district, zoning, subdivision and other requirements for land development set forth in the SVMC; and with other applicable development code provisions. 6. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive Plan and will serve the public use and interest. 7. 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 Section 20.20.100 of the SVMC. 8. The procedural requirements of the State Environmental Policy Act and Title 21 (Environmental Controls) of the SVMC have been met. 9. Minor changes are needed to the conditions of approval, for formatting and clarification purposes. 10. Any finding of fact indicated above that is a conclusion of law shall be deemed such. HE Findings, Conclusions and Decision SUB-02-09 Page 10 • • IV. DECISION Based on the Findings of Fact and Conclusions of Law above, the application for a preliminary plat is hereby approved, subject to the revised 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 successors -in- interest. A. General conditions: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — PLANNING DIVISION: 1. The final plat shall be designed in substantial conformance to the preliminary plat map of record submitted on July 14, 2009, and shall have a maximum of twenty-nine (29) residential lots; unless a preliminary plat modification is approved pursuant to Section 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations) of the Spokane Valley Municipal Code (SVMC). 2. Pursuant to Section 20.30.060 (Extensions of Time) of the SVMC, an application form and supporting data for any 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 Section 20.20.050 (Prohibition against sale, lease or transfer of property) of the SVMC, any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC 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. 4. Pursuant to Section 20.30.050 (Expiration of Preliminary Approval) of the SVMC, the preliminary plat approval shall automatically expire on October 16, 2014, unless a time extension is approved for the project. If a request for an extension of time is not timely submitted and approved, the preliminary approval will expire and the preliminary plat is null and void. HE Findings, Conclusions and Decision SUB-02-09 Page 11 • • B. Prior to final plat application, or in conjunction with the submittal of a proposed final plat, the applicant shall comply with the following requirements: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT -PLANNING DIVISION: 1. The proposed final plat shall comply with all submittal requirements specified in Section 20.40 of the SVMC. 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 law in effect at the time of building permit application." 3. Pursuant to Section 20.20.090.B.4 of the SVMC, screening is required along Adams Road adjacent to Lots 1-5 and 23-29. One (1) large -sized and detailed landscape plan shall be submitted that indicates the type of "screening device" proposed to limit visibility between Adams Road, an arterial, and the proposed lots; in accordance with Chapter 22.70 of the SVMC. 4. All landscaping and screening requirements must be reviewed, accepted and installed prior to final plat approval. 5. Pursuant to Chapter 20.20.090(G) of the SVMC, prior to the filing of the final subdivision, the applicant shall improve or make appropriate provisions for the construction of the public or private streets, or private driveways, that provide access to lots being created through the subdivision, consistent with appropriate City -adopted standards. 6. All fees for recording shall be paid by the applicant prior to recording. 7. A full year of taxes for the current year shall be paid in full prior to the date of recording. SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT —BUILDING DIVISION: 8. Engineered grading permits, pursuant to Section 24.5 of the SVMC, shall be submitted, and must be reviewed and accepted, prior to submittal of a proposed final plat. SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT —DEVELOPMENT ENGINEERING DIVISION: 9. 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 Spokane County Standards for Road and Sewer Construction, 2001 Edition (or as amended), the 2008 Spokane Regional Stormwater Manual (or as amended), the City of Spokane Valley Uniform Development Code (SVMC) and all other federal, state and local regulations, as applicable. HE Findings, Conclusions and Decision SUB-02-09 Page 12 • • 10. Frontage improvements are required on Adams Road, which is designated as a 3-Lane Minor Arterial. Frontage improvements include 23 feet of asphalt width from road centerline, Type B curb and gutter (2 feet), a 10-foot roadside swale, and a 5-foot sidewalk. The total width of improvements is 40 feet. The current right-of-way is 50 feet, with one-half ('/2) of the right-of- way being 25 feet. The minimum one-half (%2) right-of-way width, which is measured from centerline to the back of the sidewalk, is 27 feet. A right of way dedication of 2 feet, and a border easement of 13 feet that extends from the right-of-way to the back of sidewalk, is required. This shall be referenced in the final plat dedication and designated on the final plat map. The right-of-way dedication and border easement width was determined assuming that the center of the street coincides with the center of the right of way. The applicant shall confirm the right of way location and width(s). Note: Building setbacks begin at the edge of the border easement. 11. The internal street layout shall be coordinated with Development Engineering. Private streets shall have an "Urban Driveway -Separated Sidewalk" approach, or a "Cement Concrete Approach", as applicable, where they connect to public streets. Full cul-de-sacs or hammerhead turnarounds shall be provided at the ends of the streets. 12. The applicant shall provide street name signs, stop signs, pavement markings, and all other necessary permanent traffic control measures for all newly created streets. The location of signs shall be called out on the civil plans. 13. Lots 20, 21, 22 and 23 shall be accessed only through the private street system. No access to the existing 40-foot easement is allowed, and a physical barrier shall be placed along the north edge of the easement to prevent such lots from accessing the easement. This condition may only be varied from with the consent of the Development Engineering Division, and an administrative change of condition is approved by the Community Development Department - Planning Division. 14. In accordance with Section 19.40.020 Residential Standards of the SVMC, all residential driveways shall be paved prior to final plat approval. Off-street parking areas are required to be paved at the time of development. Paving for driveways shall conform to the following requirements: i. Driveways 150 feet or less in length shall be constructed to City of Spokane Valley standards. A letter is required from the contractor building the driveway that certifies the standards are met. ii. Shared access driveways, those serving two or more lots, require an engineered design. iii. Driveways over 150 feet in length require an engineered design and a soils report (SVMC Section 24.50.060). iv. Driveways with areas over 5,000 square feet require stormwater treatment (SVMC Section 22.150.060), and require an engineered design. 15. The final plat shall show all utility easements (i.e. Telephone, power, etc.). The permittee is responsible for arranging for all necessary utility adjustments, relocations, or improvements as required for completion of the project. The developer needs to contact the purveyors of each HE Findings, Conclusions and Decision SUB-02-09 Page 13 • • affected utility regarding private service, utility improvement, and any relocation and adjustment costs. All rigid objects shall be located outside the clear zone. Clear zone requirements can be found in the 2001 Spokane County Road and Sewer Standards, or as amended. 16. 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 are required to show the extents of pavement removal and replacement. 17. Driveway approach design shall follow the 2001 Spokane County Road and Sewer Standards, or as amended 18. A thorough search for all survey monuments shall be conducted. Any found monuments shall be referenced on the civil plans and/or final plat. 19. A landscaping plan that shows the landscaping proposed to be placed in vegetated stormwater facilities, such as channels, ditches, swales, ponds, etc., must be submitted with the site construction plans for review. 20. A Temporary Erosion and Sedimentations Control (TESC) plan shall be prepared and submitted with the site construction plans and cover all construction activities for the improvements proposed in these plans. 21. All new dry wells and other injection wells must 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 (nonendangerment 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 contact: http://www.ecy.wa.gov/programs/wq/grndwtr/uic/registration/reg info.html for registration forms and further information. Copies of the registration for drywells, which receive public road stormwater runoff, are to be sent to Development Engineering. The City of Spokane Valley NPDES Permit Number is WAR04-6507. 22. A Construction Stormwater Permit must be obtained from the State Department of Ecology, if both of the following two (2) conditions apply: a. The construction project disturbs one (1) or more acres of land (area is the cumulative acreage of the entire project whether in a single or 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/ HE Findings, Conclusions and Decision SUB-02-09 Page 14 • • 23. The review of civil plans and supporting documents cannot proceed until application for a grading permit has been received. All documents (plans, reports, etc) must be submitted through the Building Department Permit Center located at 11703 E. Sprague Avenue, Suite B-3. 24. Plans and calculations submitted for review shall be comprehensive, per Standards (e.g. sheet size), and have gone through an independent in-house review. While it is recognized that minor errors and omissions will occur, if at the commencement of review the documents do not appear to be adequate for determining compliance with requirements, or that previous comments have not been addressed, the documents will be returned. Copies of the checklist that used to review and assess completeness will be provided, upon request of the Project Engineer. 25. Right-of-way dedication and border easements shall be designated on the final plat map. 26. The Homeowner Association's UBI number shall be referenced on the face of the final plat. 27. Plat language will be determined at the time of final plat submittal. The applicant shall contact Development Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat language. 28. Adams Road is a Minor Arterial. No direct driveway access is allowed from the lots in the final plat to Adams Road, pursuant to Section 1.03(7) of the Spokane County Standards for Road and Sewer Construction, adopted by Spokane Valley. 29. The location of the intersection of the private street system along Adams Road may be modified with the concurrence of Development Engineering, and the approval of an administrative change of conditions by the Community Development Department -Planning Division. 30. Access from the preliminary plat to Marcus Road is prohibited unless expressly authorized by Development Engineering, and an administrative change of conditions is approved by the Community Development Department -Planning Division. SPOKANE COUNTY FIRE DEPARTMENT NO 1: 31. The north/south private street shall be called Marcus Lane. 32. Roads less than 26 feet wide shall be posted "No Parking - Fire Lane" on both sides. 33. A new hydrant shall be installed at the corner of Marcus Lane and Cataldo Lane. 34. Hydrants shall stand plumb. The traffic breakaway flange shall be set at the finished curb/grade elevation, with the lowest outlet of the hydrant no less than 18 inches above the curb grade. There shall be a cleared area around the hydrant of not less than 36 inches as measured from the outside edge of the barrel or outlet ports, whichever is greater; for clearance of a hydrant wrench on both outlet and the control valve. HE Findings, Conclusions and Decision SUB-02-09 Page 15 35. All fire hydrants shall have a minimum of three (3) outlets, including one 4-1/2 inch inside diameter pumper outlet and two 2-1/2 inch inside diameter outlets. Threads on all outlets shall be National Standard Thread (NST). 36. The pumper port shall face the street. Where the street cannot be clearly defined or recognized, the port shall face the most likely route of approach and location of the fire apparatus while pumping, as determined by the local fire protection authority. 37. The applicant shall provide a water plan showing the location of required hydrant and size of water main. SPOKANE COUNTY DIVISION OF UTILITIES: 38. 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." 39. 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 may interfere with the constructing, installing, operating, maintaining, repairing, altering, replacing, removing and all other uses or purposes which are or may be related to a sewer system. The grantor(s) reserve 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." 40. 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. 41. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the project. 42. Security shall be deposited with the Division of Utilities for the construction of the public sewer connection and facilities and for the prescribed warranty period. Security shall be in a form acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary Sewer Ordinance. HE Findings, Conclusions and Decision SUB-02-09 Page 16 • • 43. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design Plans. 44. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. SPOKANE REGIONAL HEALTH DISTRICT: 45. The final plat shall be designed substantially as indicated on the preliminary plat of record and/or any attached sheets as noted. 46. 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. 47. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 48. Water service shall be coordinated through the Director of Utilities, Spokane County. 49. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. 50. 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. 51. 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. 52. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire protection use shall be approved by the water purveyor. Said water plan must have been approved by the fire protection district and the appropriate health authorities. The health authorities, water supplier (purveyor), and the fire protection district will certify, prior to the filing of the final plat, on the face of said water plan that the plan is in conformance with their requirements and will adequately satisfy their respective needs. Said water plan and certification will be drafted on a transparency suitable for reproductions. 53. The purveyor shall 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 arrangements 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. HE Findings, Conclusions and Decision SUB-02-09 Page 17 • 54. A public sewer system shall be made available for the plat and individual service will provide to each lot prior to sale. The use of individual on -site sewage disposal systems shall not be authorized. 55. 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." 56. The final plat dedication shall state: "Use of private wells and water systems is prohibited." 57. The final plat dedication shall state: "The public water system, pursuant to the Water Plan approved by Regional and State health authorities, the local fire protection district, 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." VERA WATER AND POWER: 58. A 15-foot utility easement is required extending from Adams Road through Lot 5 and Lot 23 to the private roads, for a loop water system. SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT -PLANNING DIVISION: 59. If any artifacts or human remains are found during excavation activities, the applicant shall promptly contact the Department, and the tribal historic preservation office of the Spokane Tribe of Indians at (509) 258-4315; and all construction in the immediate area shall cease until such discovery is resolved. C. Prior to or during on -site construction, the applicant shall comply with the following requirements: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT —DEVELOPMENT ENGINEERING DIVISION: 1. A pre -construction conference with Development Engineering is required prior to the start of construction. During the meeting, standards and submittal requirements for the Construction Certification will be given to the project engineer/inspector. 2. Permits are required for any access to or work within the City of Spokane Valley public roadway system. 3. For construction affecting public right-of-way, a sign shall be posted at each ingress to the project area fourteen (14) days prior to construction, that provides project construction details, and is clearly visible from the public right-of-way. HE Findings, Conclusions and Decision SUB-02-09 Page 18 • • 4. The 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 constructed. Any disturbed or damaged monuments shall be replaced prior to certification, final plat and/or release of surety. 6. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject to inspection by the City Senior Engineer or by his/her staff. 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 releasing the performance surety or final plat approval. SPOKANE REGIONAL CLEAN AIR AGENCY: 8. 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. 9. 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. 10. Debris generated as a result of this project shall be disposed of by means other than burning. 11. If objectionable odors result from this project, effective control apparatus and measures shall be taken to reduce odors to a minimum. 12. Special attention shall be given to proper maintenance of diesel powered construction equipment to reduce the impact of diesel exhaust, a suspended carcinogen. 13. 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. 14. 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. HE Findings, Conclusions and Decision SUB-02-09 Page 19 Karen Kendall, Assistant Planner City Community Development Department 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Carlos Landa 2910 W. 13th Spokane, WA 99202 Dan Allison 1203 N. Warren Road Spokane Valley, WA 99216 Bill Downie 14215 E. Cataldo Avenue Spokane Valley, WA 99216 Leigh O'Neill 924 N. Warren Road Spokane Valley, WA 99216 Alysa Wiyrick City Public Works Department 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Charles Roach, Sr. 14518 E. Sharp Avenue Spokane Valley, WA 99216 Dani Fergen 14316 E. Cataldo Avenue Spokane Valley, WA 99016 Shelley Boyd 14613 E. Cataldo Avenue Spokane Valley, WA 99216 Ruth Mattix 919 N. Burns Road Spokane Valley, WA 99216 9. The Hearing Examiner heard the application pursuant to Chapter 18.20 of the Spokane Valley Municipal Code (SVMC); and the Hearing Examiner Rules of Procedure, codified in Appendix B of the Uniform Development Code (UDC), part of the SVMC. 10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan, Municipal Code (SVMC) and Uniform Development Code (UDC); Spokane County Standards for Road and Sewer Construction (adopted by City); other applicable development regulations; and prior land use decisions in the vicinity. 11. The record includes the documents in the application 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 Examiner. 12. The site is approximately 7.8 acres in size, rectangular in shape, relatively flat in topography, and undeveloped. The site consists of an open field that is covered with grasses, and has a few trees in its south end. 13. A concrete barrier is located on portions of the north end of the site. The barrier appears to block access along the north boundary of the site from Marcus Road to Adams Road. 14. A 40-foot wide easement for access burdens the south end of the site. A gravel driveway extends easterly through the south portion of the easement area from Adams Road; before curving southeasterly offsite. HE Findings, Conclusions and Decision SUB-02-09 Page 2 DATED this 16th day of October, 2009 CITY HEARING EXAMINER PRO TEM Dempsey, M p y, WSB icha 1 C. NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), the decision of the Hearing Examiner on an application for a preliminary plat is final and conclusive unless within twenty-one (21) calendar days from the 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 is three (3) days after it is mailed. This decision was 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, on October 16, 2009. The date of issuance of the Hearing Examiner's decision is therefore October 19, 2009. THE APPEAL CLOSING DATE IS NOVEMBER 9, 2009. 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 Leslie Busch 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 8:30 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 -Planning Division, 11707 E. Sprague Avenue, Spokane Valley, WA, 99206; by contacting Lori Barlow 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-02-09 Page 20 • *WaneValleyt j OCt 2 6 2009 Community Development PtanningDfvision 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org October 23, 2009 Mr. Mike Dempsey City of Spokane Valley Hearing Examiner 1026 West Broadway, 3rd Floor Public Works Building Spokane, WA 99260-0245 SUBJECT: Request for correction of decision for SUB-02-09 (Crosby Family Land) Dear Mr. Dempsey: The City of Spokane Valley is requesting a correction to the decision for the Crosby Family Land Plat (SUB-02-09). This request is made pursuant to the rules and procedures for the Hearing Examiner and the conduct of hearings Section 17 of the adopted ordinance 96-0294 from the Board of County Commissioners. The staff report dated August 27, 2009 omitted three (3) conditions requested by the City's Development Engineering Division in their comments dated July 15, 2009. Condition No. 7 was added into the decision as condition B.28 by the Hearing Examiner. Staff is asking for the Hearing Examiner to correct an error on staff s behalf and add in Conditions No. 15 and 16 requested by the Development Engineering Division. The conditions are as follows; 1. Condition No. 15 "An Operations and Maintenance Manual is required to be submitted with the initial submittal of final design plans for the street and/or stormwater systems. This manual shall include a discussion of the design life of the various components, recommended repair and maintenance schedules, calculated annual costs for repair and maintenance, and calculated replacement costs for each component of the systems. The manual shall specify the recommended individual monthly homeowner financial assessment to accomplish the identified maintenance and replacement tasks." 2. Condition No. 16 "A Homeowners Association (HOA) is required to be formed to perpetually operate and maintain the on -site private street, private driveway and associated facilities including but not limited to 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. A draft copy of the CC&Rs for the HOA is required to be submitted with the drainage submittal." • • October 23, 2009 Mr. Mike Dempsey, CSV Hearing Examiner Request for correction of decision for SUB-02-09 (Crosby Family Land) Thank you for your consideration of the requested correction. You may contact me at (509) 720- 5026 or kkendall@spokanevalley.org if you have any questions or require additional information. Sincerely, KAREN E. KENDALL Assistant Planner City of Spokane Valley Department of Community Development CC: Development Engineering Division Gabe Gallinger, Landworks Engineers, Inc.; 721 N. Pines Rd.; Spokane, WA 99206 Carlos Landa; 2910 W. 13th Avenue; Spokane, WA 99202 Encl: Staff Report dated August 27, 2009 Comments from Development Engineering dated July 15, 2009 Page 2 of 2 1 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Application for the Preliminary Plat of Crosby ) ORDER REVISING Family Land, in the R-3 Zoning District; ) Applicant: Landworks Engineering, Inc. ) DECISION, TO ADD File No. SUB-02-09 ) OMITTED CONDITIONS ) I. BACKGROUND On October 16, 2009, the Hearing Examiner entered written Findings of Fact, Conclusions and Decision ("Decision") in the above -referenced file number. The appeal period on the decision expires on November 9, 2009. On October 23, 2009, Karen Kendall, Assistant Planner with the Spokane Valley Community Development Department sent a letter to the Hearing Examiner advising that the staff report for the preliminary plat application dated August 27, 2009 inadvertently failed to include condition nos. 7, 15 and 16 requested by the City Development Engineering Department for the project in its written comments dated July 15, 2009. Condition no. 7 was added to the Examiner's decision, but the Examiner was unaware that condition nos. 15 and 16 had been omitted. Section 17 of the Hearing Examiner Rules of Procedure, adopted by County Resolution No. 96-0294, authorizes the Hearing Examiner to reconsider or clarify a final decision to address exceptional circumstances such as correcting clerical errors, fraud or obvious ambiguity. Condition nos.15 and 16 are standard conditions of approval that require the applicant to prepare an operations and maintenance manual for street and stormwater systems; recommend monthly homeowner financial assessments to accomplish maintenance and replacement tasks; and require formation of a homeowner's association to provide perpetual maintenance and operation of private street, private driveway and associated facilities. On October 28, 2009, Gabe Gallinger of Landworks Engineers, Inc., the applicant, advised the Hearing Examiner by email that the applicant had no objection to revising the decision to include City Development Engineering condition nos. 15 and 16. On the same date, the site owner, Carlos Landa, advised the Examiner by email that he objected to inclusion of the conditions at the last minute, and to the open-ended nature of condition no. 16, which made the homeowner's association responsible for "... any other improvements that may be legally required in the future." On October 30, 2009, Karen Kendall advised the Hearing Examiner that the City Engineering Department did not object to revising condition no. 16 based on the comments submitted by Mr. Landa. Good cause exists to revise the decision to add the two conditions, subject to revising condition no. 16 as stated. There is no need to contact the parties of record opposed to the project, regarding the requested revision to the decisions; because inclusion of the omitted conditions will help ensure Order Revising Decision SUB-02-09 Page 1 • • that the private roads, driveways and stormwater facilities in the project are properly maintained, which is of benefit to neighboring property owners as well as the lot owners in the development. Condition no. 15, and revised condition no. 16, can be inserted into the decision as condition nos. 19A and 19B under paragraph B of the conditions of approval attached to the decision. II. ORDER It is hereby ORDERED that the Hearing Examiner's written decision dated October 16, 2009 be revised to add the following conditions of approval, as conditions nos. 19A and 19B under paragraph B of the conditions of approval attached to the Examiner's decision: "19A. An Operations and Maintenance Manual is required to be submitted with the initial submittal of final design plans for the street and/or stormwater systems. This manual shall include a discussion of the design life of the various components, recommended repair and maintenance schedules, calculated annual costs for repair and maintenance, and calculated replacement costs for each component of the systems. The manual shall specify the recommended individual monthly homeowner financial assessment to accomplish the identified maintenance and replacement tasks." "19B. A Homeowners Association (HOA) is required to be formed to perpetually operate and maintain the on -site private street, private driveway and associated facilities including but not limited to stormwater systems at the end of the service life of the respective components. A draft copy of the CC&Rs for the HOA is required to be submitted with the drainage submittal." Considering the minor nature of the corrections, the appeal period stated in the Examiner's decision and ending on November 9, 2009 is not revised. A copy of this Order, and Karen Kendall's letter dated October 23, 2009, will be mailed to the applicant and other parties of record by regular mail on November 3, 2009. DATED this 30th day of October, 2009 SPOKANE COUNTY HEARING EXAMINER 7/ ( cha C. Dempsey, , WSBA p y SBA #8 Order Revising Decision SUB-02-09 Page 2 SUB-02-09 Crosby Family Land Landworks Engineers, Inc. c/o Joshua Tripp 721 N. Pines Road Spokane Valley, WA 99206 Leigh O'Neill 924 N. Warren Rd. Spokane Valley, WA 99216 Shelley Boyd 14613 E. Cataldo Avenue Spokane Valley, WA 99216 Leonard & Lena Lyson 1111 N. Burns Road Spokane Valley, WA 99216 Barbara & Gil Griffin 13915 E. Cataldo Spokane Valley, WA 99216 Arista Strait 14012 E. Cataldo Ave. Spokane, WA 99216 Martha Summerson Witter 1105 N. Warren Rd. Spokane Valley, WA 99216 Karen Kendall, Assistant Planner City Community Development Dept. 11707 E. Sprague Avenue, Ste. 106 Spokane Valley, WA 99206 Dan Allison 1203 N. Warren Rd. Spokane Valley, WA 99216 Charles Roach, Sr. 14518 E. Sharp Avenue Spokane Valley, WA 99206 Ruth Mattix 919 N. Burns Road Spokane Valley, WA 99216 Richard & Peggy Cannon 1103 N. Burns Road Spokane Valley, WA 99216 Barbara & Ted Williams 1119 N. Burns Road Spokane Valley, WA 99216 Dennis Barrett 14321 E. Cataldo Ave. Spokane Valley, WA 99216 Steve Fisher 721 N. Pines Rd. Spokane Valley, WA 99206 Alysa Wiyrick City Public Works Department 11707 E. Sprague Ave., Ste. 106 Spokane Valley, WA 99206 Bill Downie 14215 E. Cataldo Avenue Spokane, Valley WA 99216 Dani Fergen 14316 E. Cataldo Avenue Spokane Valley, WA 99016 Ann Cleary 1013 N. Burns Road Spokane Valley, WA 99216 Mr. & Mrs. Robert Cuzzetto 14006 E. Cataldo Spokane Valley, WA 99216 Ron Van Tassel 1003 N. Burns Rd. Spokane Valley, WA 99216 Patty Headlee 1017 N. Burns Spokane Valley, WA 99216 Carlos Landa 2910 W. 13th Spokane, WA 99202 /1/1-/1/9491�. • • The omission of the conditions was clearly a clerical error made in the Staff Repo rt, and inclusion of the before or at the hearing, oromitted after a conditions would not set a precedent for the submittal of last minute conditions decision is entered but has not become final. The conditions appear to be standard conditions for a preliminary plat that includes private roads, driveways and stormwater faciliteis that need to be maintained. I do appreciate Mr. Landa's concern regarding binding the HOA to future undefined obligations. I suggest that the words "...and any other improvements that may be legally required in the future..." in Condition No. 16 be stricken, as being too open-ended. Please let me know if there is an objection to my revising the decision to include the omitted conditions, subject to my proposed amendment to Condition No. 16. Mike Dempsey City of Spokane Valley Hearing Examiner From: Carlos Landa [mailto:carlos@cet.com] Sent: Wednesday, October 28, 2009 11:58 AM To: Dempsey, Mike; 'Karen Kendall' Cc: 'Gabe Gallinger'; 'Alysa Wiyrick'; Steve Fisher Subject: Re: Request for Correction to SUB-02-09 decision I object to them being included at that last minute. The CSV has had more than ample time and setting such presedence opens the door for them submitting requiements in the future without due process. I understand the HOA being responsible for stormwater system but the conditions of the requirements should have been put forward long ago. In item two: binding the HOA to all future but undefined legal obligations is stretching way too far. Please advise, Carlos Landa Original Message From: Dempsey, Mike To: 'Karen Kendall' Cc: 'Gabe Gallinger' ; 'Carlos Landa' ; 'Alysa Wiyrick' Sent: Wednesday, October 28, 2009 9:21 AM Subject: RE: Request for Correction to SUB-02-09 decision Dear Mr. Gallinger and Mr. Landa: Please let me know as soon as possible whether you have any objection to my adding the two (2) additional conditions recommended by the City of Spokane Valley's Development Engineering Department that were omitted from the staff report. Mike Dempsey City of Spokane Valley Hearing Examiner From: Dempsey, Mike Sent: Sunday, October 25, 2009 8:32 PM To: 'Karen Kendall' Cc: Gabe Gallinger; Carlos Landa; Alysa Wiyrick Subject: RE: Request for Correction to SUB-02-09 decision Dear Ms. Kendall, Mr. Gallinger, Mr. Landa and Alysa Wiyrick: 2 • I was out of town last Wednesday through Friday, so couldn't reply to Karen's email until now. I assume that the applicant has no objection to the added conditions. Please find attached a draft Order Revising Decision, to Add Omitted Conditions. Please review and let me know if you have any objections. I specifically need confirmation from the applicant, by a reply to this email, that there is no objection to adding the conditions. Mike Dempsey City of Spokane Valley Hearing Examiner From: Karen Kendall[mailto:kkendall@spokanevalley.org] Sent: Friday, October 23, 2009 3:03 PM To: Dempsey, Mike Cc: Gabe Gallinger; Carlos Landa; Alysa Wiyrick Subject: Request for Correction to SUB-02-09 decision Mike, Please see attached letter and enclosures. The original signed version will be mailed today to all parties listed. Thank you i-oryour consideration. KAREN K,EN Assistawt: F6awwe'r', CowtruVwiky Developmewt L-)epartru.ewt aLty of Spoleawe valley 11707 East Sprague Avewue, suite 1oh Spohawe voile, WA 99206 509.720.502G. direct 5-09.921.1004 fax www.Spoza weva Liey.arc+ Internal Virus Database is out of date. Checked by AVG - www.avg.com Version: 8.5.421 / Virus Database: 270.14.16/2435 - Release Date: 10/14/09 06:33:00 3 • • Dempsey, Mike From: Dempsey, Mike Sent: Friday, October 30, 2009 10:12 AM To: 'Carlos Landa'; 'Karen Kendall' Cc: 'Gabe Gallinger'; 'Alysa Wiyrick'; 'Steve Fisher'; John Hohman Subject: RE: Request for Correction to SUB-02-09 decision Dear Mr. Landa and Mr. Gallinger: Karen Kendall has advised me that the Spokane Valley Development Engineering Department does not object to my amending Condition No. 16, as discussed in my email below, so that it is not so open-ended with regard to the HOA's responsibility for future obligations. I find good cause for revising my decision to include Condition No. 16 and the amended Condition No. 17. I will be issuing an order revising my decision on Monday. Sincerely, Mike Dempsey City of Spokane Valley Hearing Examiner From: Dempsey, Mike Sent: Wednesday, October 28, 2009 12:25 PM To: 'Carlos Landa'; 'Karen Kendall' Cc: 'Gabe Gallinger'; 'Alysa Wiyrick'; Steve Fisher Subject: RE: Request for Correction to SUB-02-09 decision Dear Mr. Landa, and Ms. Kendall: Please be advised that I received an email response earlier today from Gabe Gallinger of Landworks Engineering, Inc., the identified applicant for this project, agreeing to adding these two (2) omitted conditions to the decision. I note that the City Development Engineering comments that included these conditions were submitted to the file on July 15, 2009, long before the September 3, 2009 hearing. Landworks Engineering undoubtedly became aware of these comments shortly after they were submitted, and did not object to them before the staff report was prepared on August 27, 2009. The omission of the conditions was clearly a clerical error made in the Staff Report, and inclusion of the omitted conditions would not set a precedent for the submittal of last minute conditions before or at the hearing, or after a decision is entered but has not become final. The conditions appear to be standard conditions for a preliminary plat that includes private roads, driveways and stormwater faciliteis that need to be maintained. I do appreciate Mr. Landa's concern regarding binding the HOA to future undefined obligations. I suggest that the words "...and any other improvements that may be legally required in the future..." in Condition No. 16 be stricken, as being too open-ended. Please let me know if there is an objection to my revising the decision to include the omitted conditions, subject to my proposed amendment to Condition No. 16. 1 Karen Kendall From: Dempsey, Mike [MDempsey©spokanecounty.org] Sent: Sunday, October 25, 2009 8:32 PM To: Karen Kendall Cc: Gabe Gallinger; Carlos Landa; Alysa Wiyrick Subject: RE: Request for Correction to SUB-02-09 decision Attachments: SUB-02-09 Correctionorder.102609.doc Dear Ms. Kendall, Mr. Gallinger, Mr. Landa and Alysa Wiyrick: I was out of town last Wednesday through Friday, so couldn't reply to Karen's email until now. I assume that the applicant has no objection to the added conditions. Please find attached a draft Order Revising Decision, to Add Omitted Conditions. Please review and let me know if you have any objections. I specifically need confirmation from the applicant, by a reply to this email, that there is no objection to adding the conditions. Mike Dempsey City of Spokane Valley Hearing Examiner From: Karen Kendall[mailto:kkendall©spokanevalley.org] Sent: Friday, October 23, 2009 3:03 PM To: Dempsey, Mike Cc: Gabe Gallinger; Carlos Landa; Alysa Wiyrick Subject: Request for Correction to SUB-02-09 decision Mike, Please see attached letter and enclosures. The original signed version will be mailed today to all parties listed. Thank you for your consideration. KAREN K.ENAPcLL Assistawt PLawwer, Cowtwu4vLitu DeveLopvuewt Departvuewt Cite of spoleawe valley ziy-07 East Sprague Avewue, suite 106 spol2awe WA99206 509.y-20.5026 direct 50_9921.100e fax www.spolealA.evatLe,u.org cowtewts of tkis ewt.ail awd Awj repLj are subject to public disclosure. 1 • 15. The preliminary plat map of record, submitted on July 14, 2009, illustrates 29 lots ranging from 7,965 to 13,342 square feet in size. The preliminary plat has an average lot size of approximately 9,437 square feet, which well exceeds the minimum lot size in the R-3 district of 7,500 square feet. Lot frontages (widths) range from 65-74 feet, and lot depths range from 108- 149 feet. The map incorrectly shows west as north on the map. 16. The map illustrates an internal system of private streets that ranges from 24-28 feet in width, and which have utility and drainage easements on both sides. 17. The private street system provides access to all the lots in the preliminary plat, intersects Adams Road opposite the intersection of Adams Road and Cataldo Avenue, does not access Marcus Road, and has hammerhead turnarounds at its north and south ends. 18. The map illustrates the installation of curb, gutter and a 5-foot wide sidewalk along the frontage of the preliminary plat with Adams Road. A 13-foot wide border easement is also illustrated. The map illustrates removal of the existing concrete barrier in the north end of the site. 19. The map calls for installation of a 6-foot high, sight -obscuring fence on the site a distance of 23 feet east of the project boundary adjacent to Adams Road, along the south edge of the 10- foot utility easement; except at the private road intersection with Adams Road, where a sight distance triangle applies under the County Road Standards adopted by the City. 20. The map calls for the installation of required landscaping between the sight -obscuring fence and the back of the 5-foot sidewalk, along the west fringe of the site; and irrigation and maintenance of such landscaping by a homeowner's association formed for the project. 21. The site, and the land in the vicinity lying south of Mission Avenue and west of Progress Road, are designated in the Low Density Residential category of the City Comprehensive Plan, and zoned R-3. 22. The land lying north of Mission Avenue in the vicinity, south of Interstate 90 (I-90), is designated in the High Density Residential category of the Comprehensive Plan, zoned Multi - Family High Density Residential-2 (MF-2), and dominated by duplex dwellings on lots averaging 18,500 square feet in size. 23. The land lying north and northeast of the site is dominated by duplex dwellings, on lots averaging approximately 13,000 square feet in size. Other neighboring land is dominated by single-family homes, on lots generally ranging from 10,000 feet to one (1) acre in size. A day care and preschool are also located south of the site. 24. Progress Elementary School is located approximately one-third (1/3) mile driving distance northeast of the site; along the south side of Broadway Avenue, east of Progress Road. 25. The owners of the single-family lots located along the west side of Burns Road, east of the site, indicate that they have historically used a dirt trail located along the east and south fringes of HE Findings, Conclusions and Decision SUB-02-09 Page 3 Mike Dempsey City of Spokane Valley Hearing Examiner From: Carlos Landa [mailto:carlos@cet.com] Sent: Wednesday, October 28, 2009 11:58 AM To: Dempsey, Mike; 'Karen Kendall' Cc: 'Gabe Gallinger'; 'Alysa Wiyrick'; Steve Fisher Subject: Re: Request for Correction to SUB-02-09 decision I object to them being included at that last minute. The C5V has had more than ample time and setting such presedence opens the door for them submitting requiements in the future without due process. I understand the HOA being responsible for stormwater system but the conditions of the requirements should have been put forward long ago. In item two: binding the HOA to all future but undefined legal obligations is stretching way too far. Please advise, Carlos Landa Original Message From: Dempsey, Mike To: 'Karen Kendall' Cc: 'Gabe Gallinger' ; 'Carlos Landa' ; 'Alvsa Wiyrick' Sent: Wednesday, October 28, 2009 9:21 AM Subject: RE: Request for Correction to SUB-02-09 decision Dear Mr. Gallinger and Mr. Landa: Please let me know as soon as possible whether you have any objection to my adding the two (2) additional conditions recommended by the City of Spokane Valley's Development Engineering Department that were omitted from the staff report. Mike Dempsey City of Spokane Valley Hearing Examiner From: Dempsey, Mike Sent: Sunday, October 25, 2009 8:32 PM To: 'Karen Kendall' Cc: Gabe Gallinger; Carlos Landa; Alysa Wiyrick Subject: RE: Request for Correction to SUB-02-09 decision Dear Ms. Kendall, Mr. Gallinger, Mr. Landa and Alysa Wiyrick: I was out of town last Wednesday through Friday, so couldn't reply to Karen's email until now. I assume that the applicant has no objection to the added conditions. Please find attached a draft Order Revising Decision, to Add Omitted Conditions. Please review and let me know if you have any objections. I specifically need confirmation from the applicant, by a reply to this email, that there is no objection to adding the conditions. Mike Dempsey City of Spokane Valley Hearing Examiner 2 • • Dempsey, Mike From: Karen Kendall [kkendall@spokanevalley.org] Sent: Friday, October 30, 2009 9:59 AM To: Dempsey, Mike Cc: John Hohman; Alysa Wiyrick Subject: RE: Request for Correction to SUB-02-09 decision Mike, I've spoken with John Hohman and staff sloes not have an objection to modify condition # 1 as stated below. There are no hearings scheduled for December. That may change, however unlikely. We can cross those days off if you're not available. Let me know if you'd like me to do so. KAREN K.ENDAI_l_ 505 .720.5026, DI6Yect 509921.1002 -RIK From: Dempsey, Mike[mailto:MDempsey@spokanecounty.org] Sent: Friday, October 30, 2009 9:47 AM To: Karen Kendall Subject: FW: Request for Correction to SUB-02-09 decision Karen: Do you have any objection to my amending condition #16 as stated? Also, I have been called to jury duty in Spokane County Superior Court between Dec. 14 and Dec. 24. I am going to ask to be excused, based on my hearing schedule. Do you expect any Spokane Valley matters to be scheduled on Dec. 3, 10 or 17? Mike From: Dempsey, Mike Sent: Wednesday, October 28, 2009 12:25 PM To: 'Carlos Landa'; 'Karen Kendall' Cc: 'Gabe Gallinger'; 'Alysa Wiyrick'; Steve Fisher Subject: RE: Request for Correction to SUB-02-09 decision Dear Mr. Landa, and Ms. Kendall: Please be advised that I received an email response earlier today from Gabe Gallinger of Landworks Engineering, Inc., the identified applicant for this project, agreeing to adding these two (2) omitted conditions to the decision. I note that the City Development Engineering comments that included these conditions were submitted to the file on July 15, 2009, long before the September 3, 2009 hearing. Landworks Engineering undoubtedly became aware of these comments shortly after they were submitted, and did not object to them before the staff report was prepared on August 27, 2009. 1 • • the site to access improvements situated in the rear yards of their lots, respectively, from Marcus Road and Adams Road. See aerial map of site. Such owners do not have recorded easements that permit such use. 26. The City Arterial Street Plan designates Adams Road, Mission Avenue and Broadway Avenue in the area as Minor Arterials. Evergreen Road to the west, and Sullivan Road to the east, are designated as Principal Arterials. I-90 is accessible near the intersections of Mission Avenue and Evergreen Road, and Mission Avenue and Sullivan Road. 27. The roads in the vicinity are all paved. Cataldo Avenue is curbed; and Adams Road has curb only along its west side, north of Cataldo Avenue. Both streets lack sidewalk. Mission Avenue and Broadway Avenue in the vicinity are 3-lane arterials that are fully improved with curb and sidewalk. 28. Several neighboring property owners expressed opposition to the application. This included concerns regarding lot sizes, density, neighborhood character, quality of life, property values, loss of access to rear yard improvements, fire access, crime and vandalism, noise, increased traffic, traffic safety, lack of sidewalks and pedestrian safety, loss of privacy, and school capacity. 29. The Staff Report contains a thorough and accurate analysis of the consistency of the application with applicable policies of the Comprehensive Plan, and found the application to be consistent with such policies. 30. The Staff Report contains a thorough and accurate analysis of the consistency of the preliminary plat with the requirements for approving new subdivisions set forth in Sections 20.20.090 and 20.20.100 of the SVMC. 31. Section 20.20.090(3) of the SVMC recommends that block dimensions for new subdivisions reflect due regard for the needs of convenient access, public safety, connectivity, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned. 32. Section 20.20.090(3) of the SVMC requires that street alignments be designed and constructed with appropriate consideration for existing and planned roads, anticipated traffic patterns, topographic and drainage conditions, public safety, and the proposed use of the lots in the subdivision. 33. Section 1.03 of the County Standards for Road and Sewer Construction, adopted by the City by reference, addresses the design of road systems for new developments. See SVMC 22.130.040. Such 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. HE Findings, Conclusions and Decision SUB-02-09 Page 4 • • 34. Chapter 3 of the Standards for Road and Sewer Construction establish standards for the construction of new access roads, and the reconstruction of existing access roads; and grants the City Engineer discretion in prescribing the actual roadway section required based on a number of factors, and to approve design deviations in appropriate circumstances. 35. The Standards for Road and Sewer Construction require the construction of curb, gutter and separated sidewalk along the public road frontage of new developments within urban land use zones. The standards establish requirements for private roads, which do not include the installation of sidewalks. 36. The preliminary plat was designed so that the lots proposed along Adams Road would not have direct access to Adams Road, but would instead access the private road system. 37. The conditions of approval recommended by City Engineering, on page 2 of a July 15, 2009 memo, prohibit driveway access from the lots in the preliminary plat to Adams Road, a Minor Arterial. This is based on Section 1.03(7) of the Standards for Road and Sewer Construction, which recommends no direct residential lot access to urban Principal and Minor Arterials. 38. The condition prohibiting driveway access from lots to Adams Road was inexplicably omitted from the City Engineering conditions of approval attached to the Staff Report. 39. City Planning Division condition #3, on page 10 of the Staff Report, requires screening along Adams Road for the double fronting lots that border Adams Road. This requirement is imposed pursuant to SVMC 20.20.090.B.4.b; which provides that when lots back to arterials, a screening device shall be installed on lot(s) that limits visibility between the arterial and the adjoining lots, utilizing the screening devices referenced in SVMC Chapter 22.70. 40. The screening illustrated on the preliminary plat map satisfies the above -referenced requirement, as indicated in the Staff Report. The applicant indicated that he preferred not to install the fencing, or grassy swales for stormwater control along Adams Road. See testimony of Carlos Landa. 41. The screening barrier illustrated on the preliminary plat map will help prevent the double fronting lots along Adams Road from directly accessing such road, and also provides a noise and visual buffer for such lots from the road. The screening requirement is reasonable and necessary. Installation of the drainage swales is necessary to provide conformance with the stormwater requirements in the SVMC. 42. Neighboring property owners expressed concern that most or all of the peak hour traffic generated by the project would use Cataldo Avenue to access Evergreen Road, and I-90 west of the site; and that this would place undue traffic on a local access road, and impact pedestrians and homes along Cataldo. 43. The applicant submitted a traffic impact analysis (TIA) prepared in July of 2009 by Sunburst Engineering, P.S., a traffic engineering consultant. The TIA took AM and PM peak HE Findings, Conclusions and Decision SUB-02-09 Page 5 • • hour traffic counts for existing traffic at the intersections of Adams Road and Broadway Avenue, and Adams Road and Cataldo Avenue, on typical weekdays. 44. The TIA found from the traffic counts that very few vehicles currently turn westbound onto Cataldo Avenue from Adams Road during the AM peak hour, or turn onto Adams Road from Cataldo Avenue during the PM peak hour. 45. The TIA noted that Broadway Avenue provides access to destinations in Spokane Valley; including schools, shopping, churches, other services, and many employers. The TIA noted that Mission Avenue provides access to I-90, and to destinations north of I-90. 46. The TIA found that the project would generate 22 new AM peak hour trips, and 30 new PM peak hour trips. 47. Based primarily on the traffic counts, the TIA found that only incidental traffic from the project would use Cataldo Avenue; 30% of the project traffic would travel north, to and from Mission Avenue; and 70% of the project traffic would travel south, to and from Broadway Avenue, at peak hour times. See p. 3 and Figure 3 of TIA. 48. The TIA found that the current level of service (LOS) at the intersection of Adams and Broadway, for both the AM and PM peak hours, is LOS C; and is at LOS A for the intersection of Adams Road and Cataldo Avenue for both the current AM and PM peak hours. 49. The TIA found that the respective future LOS at such intersections in 2012, with the project and other background traffic increases, would not change; although there would be a few tenths of a second greater delay at such intersections. 50. LOS A and LOS C are both well above a LOS E, which is the minimum LOS acceptable for an un-signalized intersection under the City's transportation concurrency requirements. See p. 4 of TIA, SVMC 22.20.080, and Section 20 of Standards for Road and Sewer Construction. 51. Based on the TIA, City Engineering properly issued a certificate of transportation concurrency for the project. 52. Neighboring property owners contended that a significant portion of the project traffic would use Cataldo Avenue, especially to access I-90; rather than traveling north to Broadway, or south to Mission Avenue. This contention was based in part on there being only one (1) stop sign on Cataldo between the site and Evergreen Road; and drivers having to make a left turn at Evergreen, and yield to traffic at Evergreen, when accessing I-90 via Mission Avenue. See letters of opposition, and testimony at public hearing. 53. Such neighborhood contentions are not based on competent evidence of a traffic engineering nature, and appear speculative based on the expert traffic engineering opinions stated in the TIA. HE Findings, Conclusions and Decision SUB-02-09 Page 6 • 54. The site is located one-half (1/2) mile from Evergreen Road along Cataldo, which is a local access street with a speed limit of only 25 mph. There are four (4) nonstop -controlled intersections on Cataldo between the site and Evergreen Road, and Cataldo curves for 1.5 blocks along such distance. Mission and Broadway Avenues are both Minor Arterials; where the speed limit is 35 mph, the roads are straight, and the roadways are stop controlled for intersecting local access streets. These factors may explain why very little traffic currently uses Cataldo Avenue to travel between Adams Road and Evergreen Road. 55. The applicant indicated at the public hearing that he may be willing to move the access point for the project to Adams Road, if permitted by City Engineering. See testimony of Carlos Landa. 56. Moving the access point for the project along Adams Road would have to meet intersection spacing requirements set forth in Section 3.04 of the Standards for Road and Sewer Construction, which are 300 feet for any road intersecting a Minor Arterial; and be acceptable to City Engineering and the applicant. See testimony of Alysa Wiyrick. 57. Moving the access point can be explored prior to final plat approval, but there is an insufficient basis in the record to require the access point to be moved in approving the preliminary plat. An administrative change of condition would need to be approved after preliminary plat approval, to allow such change. See testimony of Karen Kendall. The owners of lots located along the west side of Adams Road across from the site could potentially object to relocating the intersection point, due to headlight or other perceived impacts. 58. City Engineering conditions of approval require the applicant to widen and provide sidewalk and curb along the frontage of the site with Adams Road. This adequately and proportionately mitigates the project's impacts on traffic capacity and pedestrian safety along the City street system. Currently, there is only a small amount of curb, and no sidewalk, along Adams Road. 59. City Engineering condition #13 on page 11 of the Staff Report limits access for Lots 20-21 "to the private street", prohibits such lots from accessing the 40-foot access easement located in the south end of the site that serves offsite properties, and requires that a physical barrier be placed along the north edge of the easement to prevent the lots from accessing the easement. The applicant questioned these requirements at the public hearing. 60. If lots in the project were allowed to use the 40-foot easement for access, this would appear to allow more than three (3) lots to access a private driveway and necessitate the installation of a private road in the easement area connecting to Adams Road. City Engineering condition #13 should be amended to allow lots in the project to access the 40-foot easement area only if City Engineering concurs with such access, and an administrative change of conditions is approved. 61. The width of the right of way for the terminus of Marcus Road that abuts the site, at 30 feet, is inadequate to permit such road to be extended into the site. See testimony of Karen Kendall, and Standards for Road and Sewer Construction. HE Findings, Conclusions and Decision SUB-02-09 Page 7 • 62. A private driveway cannot be extended along the east boundary of the site to serve the rear yards of the adjoining lots bordering Burns Road, because a private driveway can serve a maximum of three (3) lots under the County Standards for Road and Sewer Construction. A private road cannot be extended in such location the way the preliminary plat is currently configured, because this would reduce the size of lots in the preliminary plat along such boundary below the minimum lot size required in the R-3 zoning district. See testimony of Karen Kendall, and Standards for Road and Sewer Construction. 63. A private driveway could be extended from Marcus Road along the east boundary of the site to serve a maximum of three (3) lots in the preliminary plat, or in the subdivision located east of the site along Burns Road. This would have to be permitted by City Engineering and agreed to by the applicant, subject to any prescriptive easement rights that abutting owners may have to access the back of their lots through the site. 64. Driveway access by the lots in the preliminary plat to Adams Road and Marcus Road should be prohibited, unless expressly authorized by City Engineering. 65. The City Engineering conditions of approval for the current application are consistent with the Standards for Road and Sewer Construction. 66. Spokane County Fire District 1 submitted conditions of approval for the preliminary plat, which are incorporated into the conditions of approval in the Staff Report; but did not express any concerns regarding the application. 67. The SVMC requires direct concurrency only for public sewer, public water and transportation. Direct concurrency is not required for schools, parks, police, fire or other items of public infrastructure and services. 68. County Utilities certified that public sewer is available to serve the project, and is currently available to the project in Adams Road through a future stub connection. See certification dated 5-14-09. Vera Water and Power, and County Fire District 1, certified that public water is available to serve the project at required levels. 69. The conditions of approval recommended by the Spokane Regional Health District and County Utilities require the preliminary plat to be served with public sewer and water. The proposal meets the public sewer and water concurrency requirements of the SVMC. 70. Central Valley School District #356 submitted a letter dated June 3, 2009 in which it advised that it did not see any issues between the project and the district's current facilities, although it could not ensure that students in the project would attend the nearest school. The district also advised that the potential exists to transport students to schools in various areas of the district; based on current enrollment growth rates, and the availability of facilities and student enrollment "at that point in time". 71. The school district further stated in its letter that it could not, at the present time, guarantee room for students from the proposed homes in the project. The district requested that, based on HE Findings, Conclusions and Decision SUB-02-09 Page 8 • the added enrollment that would be generated by the project, the City either postpone approval of the project in accordance with the provisions of RCW 58.17.110, the State Growth Management Act (GMA), and the County and City comprehensive plans, pending the availability of additional school facilities; or condition approval of the project on the developer paying the City a per dwelling unit fee "...equal to the district's eligibility for school impact fees." 72. The Comprehensive Plan does not adopt levels of service for public schools, and allows each school district to adopt its own levels of service. 73. The Comprehensive Plan provides current information regarding enrollment issues involving Central Valley School District. The Plan advises that the most urgent need for the district is to add more elementary classroom space in the east end of the district, the district will need to construct a new high school and middle school over the next 20 years, a number of elementary schools need to be completely remodeled, the district has a middle school site adjacent to Liberty Lake Elementary School, the district recently acquired two (2) elementary school sites in the north Greenacres area, and the district is in the process of developing a capital improvement and financing plan under the GMA. See p. 30-32 of Comprehensive Plan. 74. The school district did not appeal the DNS issued for the project. Further, the district did not provide an adequate factual basis for finding that the district will have insufficient capacity to accommodate the students in the project at the time of build out, or to support a school mitigation fee imposed through a voluntary agreement under the authority of RCW 58.17.110 and RCW 82.02.030. 75. The City Phase I Development Regulations do not require direct concurrency for schools or parks. The City has not established a mechanism to collect school impact fees through a voluntary agreement under RCW 82.02.030, or a GMA impact fee under RCW 82.02.050. Under these circumstances, the Examiner lacks authority to condition or deny the proposal based on insufficient school capacity. 76. The City Parks and Recreation Department did not comment on the project. The Comprehensive Plan indicates that the City currently has adequate park capacity to meet the level of service adopted in the Comprehensive Plan, and the City plans to acquire additional parkland over the next several years to avoid a future deficiency. 77. The preliminary plat has been conditioned for compliance with the R-3 district, the UDC, and other applicable development regulations. The Staff Report properly found that the application was consistent with the Comprehensive Plan, and complied with the SVMC and other applicable development regulations. 78. The preliminary plat provides land use transition between the denser duplex lots located to the north and northeast, and the less dense single-family lots located to the south. Based on the above findings of fact, the Hearing Examiner enters the following: HE Findings, Conclusions and Decision SUB-02-09 Page 9