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PE-1706-93• ENGINEER'S REVIEW SHEET BLDG. PERMIT # -or -FILE# Related File # ( ) Date to Review 6 -24 -93 Time # 5 Date to AA & DR 3 -31 -93 Time 2:15 Date Received 3 -17 -93 Project Name FLORA MEADOWS SITE ADDRESS E FLORA/ N BLADWIN Applicant's Name WES CROSBY Address PO BOX 13717 SPOKANE WA 99213 Contact person FLOOD ZONE Planning Contact Person I Date Submitted J N04 W 1 S SCHOOL 356 Engineer / Surveyor's / Architect's Name Work # Date Conditions mailed Phone # TAGGART ENGINEERING 2128 N PINES RD STE 17 -15 SPOKANE WA 99206 924 -9993 PE,- 1706 -97 No. Lots 31 No.Acres 9.3 e - Township - ange PARCEL # 07553 -0617 Phone # 926 -5229 TIM LAWHEAD /STEVE DAVENPORT Phone # 456 -2205 Description I Initials AGREEMENT TO PAY FEES COMPLETED & COPY TO ACCOUNTING FINAL PLAT FEES COMPLETED & COPY TO ACCOUNTING NOTICE TO PUBLIC # 1 3 4 6 COMPLETED - OR NEEDS TO BE SIGNED DESIGN DEVIATION SUBMIT TED ALTERATION TO PLAT - BLOCKS & LOTS o Y i HEARING EXAM ?C APPROVED _DENIED- /APPEALED BBC _APPROVED 4- DENIED Date to Review Time # Date to AA & DR 3 -31 -93 Time 2:15 Date Received 3 -17 -93 Project Name FLORA MEADOWS ADD SITE ADDRESS E FLORA/N BLADWIN Applicant's Name WES CROSBY Address PO BOX 13717 - SPOKANE WA 99213 Contact person FLOOD ZONE Planning Contact Person I Date Submitted c\p\t \review.tor VNO 1 ENGINEER'S REVIEW SHEET BLDG. PERMIT # -or -FILE# Related File # ( ) W;,( S 1 SCHOOL 356 Engineer / Surveyor's / Architect's Name TIM LAWHEAD Description PE.01 No. Lots 31 No.Acres 9.3 eion - Township - Range PARCEL # 07553 -0617+ Work # Date Conditions mailed Phone # Initials Phone # 926 - 5229 TAGGART ENGINEERING 2128 N PINES RD STE 17 -15 SPOKANE WA 99206 924 -9993 Phone # 456 -2205 AGREEMENT TO PAY FEES COMPLETED & COPY TO ACCOUNTING FINAL PLAT FEES COMPLETED & COPY TO ACCOUNTING NOTICE TO PUBLIC # 1 3 4 6 COMPLETED - OR NEEDS TO BE SIGNED DESIGN DEVIATION SUBMI I1 ED ALTERATION TO PLAT - BLOCKS & LOTS HEARING EXAM APPROVED DENIED - APPEALED BBC _APPROVED DENIED NO. 93 1373 IN THE MAlIEROF PRELIMINARY PLAT OF ) FINDINGS OF PE- 1706 -93, FLORA MEADOWS WITH EXISTING ) FACT AND URBAN RESIDENTIAL -3.5 (UR -3.5) ZONING ) DECISION BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON SPONSOR: WES CROSBY THIS MATTER, being the consideration by the Board of County Commissioners of Spokane County, hereinafter referred to as the "Board ", of an appeal of the Spokane County Hearing Examiner Committee decision of June 25, 1993 approving Preliminary Plat File No. PE- 1706 -93, known as Flora Meadows, for the purpose of developing 31 single family residences on approximately 9.3 acres of land, hereinafter referred to as the "Proposal "; and the Board of County Commissioners having held a de novo public hearing on August 3, 1993, and having fully considered all testimony presented and all documents in the record; and further having individually visited or being familiar with the site and vicinity in question and having rendered an oral decision on the 24th day of August, 1993, denying the proposal without prejudice until public sewer is extended to the proposal, does hereby enter the following: FINDINGS OF FACT 1. The proposal is generally located on the northeast corner of Flora Road and Baldwin Avenue, in the SW 1/4 of Section 7, Township 25 North, Range 45 EWM, Spokane County, Washington. 2. The proposal is to preliminary plat approximately 9.3 acres into 31 lots for single family residences and those uses allowed in the Urban Residential -3.5 (UR -3.5) zone. 3. The Hearing Examiner Committee held a public hearing on the proposal on June 24, 1993, subsequent to which by the Findings of Fact, Conclusion and Decision dated June 25, 1993, it approved the proposal. 4. Allen R. Osborn filed a written appeal on June 24, 1993, and listed several reasons as the basis for his appeal of the Hearing Examiner Committee decision. 5. The legal requirements for public notice have been fulfilled. 6. The Board conducted a de novo public hearing on the proposal on August 3, 1993. The record for the hearing included the testimony and documents submitted to the Board at the August 3, 1993 public hearing, and the public record files of the Planning Department and Board of County Commissioners on the proposal, including additional documents submitted to the Board through August 17, 1993. 7. On appeal, the Hearing Examiner Committee's decision comprised only a recommendation to the Board regarding the approvals sought by the applicant. The oral testimony submitted to the Hearing Examiner Committee on the proposal was not part of the record before the Board and was not considered by the Board. 8. Residents of the area expressed disapproval of the proposal regarding the density of the proposal, school capacity, road adequacy and lack of sanitary sewer. 9. The Board takes notice of the provisions of the Spokane County Generalized Comprehensive Plan, the Spokane County Zoning Code and the Spokane County Code. 10. The Comprehensive Plan designates the area encompassed by the proposal as Urban. 11. The original zoning of the property was established as Agriculture (A) under the Spokane County Zoning Ordinance in 1957. The Agriculture (A) zoning was redesignated by Spokane County on January 1, 1991 to Urban Residential -3.5 BOCC FINDINGS PE- 1706 -93 Page 2 (UR -3.5), pursuant to the Program to Implement the Spokane County Zoning Code. 12. The net density of the proposal was not established in the record, but is presumed to exceed the gross density of 3.33 units per acre but not to exceed the maximum net density permitted in the Urban Residential-3.5 (UR -3.5) zone of 3.5 units per acre. 13. The surrounding land uses in the area are single family residences on predominantly large lot acreages, with large animal keeping and agricultural uses still being common in the area. The area is best described as semi -rural in character. 14. The proposal represents the first urban type development in the area. The single family uses in the proposal, at urban densities and with small lot sizes, are generally inconsistent with the surrounding land uses. Land use conflicts between the proposal and the surrounding properties are highly probable. 15. The proposed preliminary plat of Irish Estates, located in the general vicinity of the proposal, was denied by the Board in December, 1992 (the Boards decision was recently affirmed on appeal in Spokane County Superior Court Cause No. 93- 200363 -8) for similar reasons as the current proposal is being denied by the Board. 16. The preliminary plat of Broadway Court, which would subdivide 8 lots east of Flora Road along Broadway Avenue, was recently approved by the Hearing Examiner Committee, but was not appealed to the Board. Broadway Court is located south across Interstate 90 from the proposal, bordering the south right of way of said freeway, and is located in a more urbanized area than the current proposal. 17. Riverway Villa, located east of Barker Road and south of the Spokane River, received preliminary plat approval over a decade ago but has yet to be developed. The current proposal is more isolated than Riverway Villa, which has direct access to Interstate 90 through Barker Road. 18. Central Valley School District's elementary schools are currently overcrowded and are using portable facilities to house students. Such school capacity will continue to be exceeded in the future, and the proposal, when developed, will further impact the District's ability to provide adequate student housing. The District requested that the Board either deny the proposal or require the applicant to enter into a voluntary agreement with the District to pay impact fees to mitigate the impacts from the proposal on the District. 19. There are inadequate facilities for parks and recreation in the area of the proposal, and the proposal will increase the need for such facilities when developed. 20. The roads that will access the proposal are narrow and inadequate to serve the proposal, particularly Flora Road. 21. The proposal is located over the Spokane Valley - Rathdrum Aquifer and approximately 1,000 feet from the Spokane River. 22. The proposal is within the Aquifer Sensitive Area (ASA) and the Priority Sewer Service Area (PSSA) designated by the County. However, public sewer is not expected to be extended to the site of the proposal by Spokane County for at least 15 - 20 years. 23. Effective January 1, 1994, the Washington State Board of Health, on June 9, 1993, reimposed density restrictions of one unit per acre on properties located east of Sullivan Road in the Spokane Valley and relying upon on -site sewage disposal. 24. While the proposal is not subject to the one acre density restrictions imposed by the State Board of Health because of the application date of the proposal, surrounding properties will be subject to such density restrictions as of January 1, 1994. This will have the effect of preserving the semi -rural character and large parcel sizes of the properties surrounding the proposal, as well as the lack of. infrastructure needed to support the proposal, until public sewer becomes available. Under the circumstances, the imposition of impact fees for parks and schools, as agreed to by the applicant, and the conditions for road improvements imposed on the proposal, are unlikely to provide the necessary infrastructure and public services appropriate to serve the proposal when developed. 25. While the Aquifer Sensitive Area Overlay Zone currently authorizes on -site sewage disposal in the Priority Sewer Service Area, such allowance was premised on public sewer being extended to the area within a short range of time. The original time frame anticipated for the extension of public sewer to the site of the proposal has passed, and BOCC FINDINGS PE- 1706 -93 Page 3 the record indicates that several more years will expire before public sewer will be extended to the site. 26. The State Board of Health's recent action indicates that on -site sewage disposal at urban densities poses water quality concerns in the area of the proposal, especially when considering the potential for cumulative impacts on water quality from the proposal and other urban developments. 27. The Declaration of Nonsignificance (DNS) issued for the project by the Planning Department on June 2, 1993, did not take into account the action or proceedings by the State Board of Health of June 9, 1993. The State Board of Health's action represents significant new information on the proposal's potential adverse impacts on water quality that was not considered by the responsible official at the time the DNS was issued or during the DNS comment period. The Board of Health's action appears significant, notwithstanding the expert evidence submitted by the applicant on water quality at the public hearing. 28. The proposal is inconsistent with the Comprehensive Plan in several respects. The proposal is inconsistent with the intent of the Urban category, in which the proposal is located, to provide for residential development in a "city- like" environment, with a full range of public services. 29. The Urban category of the Comprehensive Plan anticipates the presence of public sewer, or at a minimum interim sewage disposal systems that protect water quality. The Water Quality element of the Comprehensive Plan encourages "fill -in development" that will have the effect of increasing the cost effectiveness of extending public sewer while maximizing protection to the county's sole source aquifer. Due to the effect of the State Board of Health's action on adjacent development, the density of the surrounding properties, and considering the length of time before public sewer will be extended to the area, the proposal does not constitute "fill -in development ". 30. The Urban category of the Comprehensive Plan encourages buffering between proposed residential development and existing development, where land use conflicts exist. The proposal does not provide a buffer to the larger acreages lying adjacent to the proposal. 31. The proposal is inconsistent with the purpose and intent of the Urban Residential -3.5 (UR -3.5) zone, which contemplates that single family development will take place in an urbanized setting, with a high level of urban services. The record indicates that significant elements of the infrastructure needed to serve such urban density do not exist in the area of the proposal, nor is it likely to be in place when the proposal is finally developed, even with the conditions recommended by the various agencies. 32. There is substantial opposition to the proposal from the owners of property in the surrounding area. 33. The proposal does not make appropriate provision for the public health, safety and welfare, or for schools, parks and roads, within the meaning of RCW 58.17.110. The public use and interest will not be served by the proposed preliminary subdivision, within the meaning of RCW 58.17.110. 34. Since the Board has decided to deny the proposal, it is unnecessary for the Board to make a decision on withdrawal or reconsideration of the Declaration of Nonsignificance issued for the proposal. 35. The record indicates that public sewer is available in Flora Road within four tenths (.4) of a mile of the proposal. The extension of public sewer to the site would alleviate many of the Board's concerns regarding the proposal, and therefore a denial of the proposal without prejudice is appropriate pending extension of public sewer to the site. DECISION The Board does hereby approve the appeal and thereby denies the proposal without prejudice until public sewer is extended to the proposal. BOCC FINDINGS PE- 1706 -93 Page 4 BY THE ORDER OF THE BOARD THIS 2ND DAY OF NOVEMBER, 1993. A11 EST: WILLIA). DONAHUE Cle of t Board 1 By: (3) BOARD OF COUNTY COMMISSIONERS Vote of the Board of Spokane County Commissioners as follows: Commissioner Patricia A. Mummey - Aye to deny the proposal without prejudice Commissioner Steven Hasson - Nay Commissioner D.E. Chilberg - Aye to deny the proposal without prejudice Ros. e Montague, Deputy Clerk — 1 / Patricia A. Mu sson l/ D.E. Chilberg OFFICIAL NOTICE FOR DATE AND PLACE FOR COMMENCING AN APPEAL NOTE: Pursuant to WAC 197 -11- 680(5), notice is hereby given by the Board of County Commissioners in conjunction with the approval of the above - referenced matter that: (1) Pursuant to Section 14.402.180 of the Spokane County Code, the time limit for commencing an appeal of the approval of the above - referenced matter is thirty (30) calendar days from the Board of County Commissioner's execution of the above Findings of Fact, Decision and Conditions. (2) The time frame for appealing any SEPA issues with respect to the approval of the above - referenced matter is thirty (30) days after the execution of the above Findings of Fact, Decision and Conditions. A notice of intent to raise SEPA issues by judicial appeal is required and must be filed with Wallis D. Hubbard, Director of Planning, West 1026 Broadway, Spokane, WA 99260, within thirty (30) calendar days after execution of the above Findings of Fact, Decision and Conditions. The appeal of either the approval of the above - referenced matter or any SEPA issues must be filed in the Spokane County Superior Court or a court of competent jurisdiction as provided by law. NO. 93 0771 Pat Harper County Engineers Office j' ,s — Sr i Mt; � ;' ,.. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER CONCERNING PRELIMINARY c SUBDIVISION PE-1706-93 FLORA MEADOWS WITH , 1EXISTING le1R=35.ZONE" &'WITHIN ASA APPLICANT; WES CROSBY 1 :JUL ' V ,ti93 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY. GIVEN that Allen R. Osborne has filed Notice of Appeal of the approval by the Hearing Examiner Committee of above captioned application for Preliminary Subdivision PE- 1706 -93; and NOTICE IS FURTHER GIVEN that the Board of County- Commissioners of Spokane County, Washington, will conduct a public hearing TUESDAY, AUGUST 3, 1993, AT 5:30 P.M. (or as soon as possible thereafter) COMMISSIONERS' ASSEMBLY ROOM SPOKANE COUNTY PUBLIC WORKS BUILDING 1026 W BROADWAY AVE SPOKANE, WA 99260 to consider this proposal to develop approximately 9.3 acres into 31 lots for one single family residences and those uses permitted in the Urban Residential -3.5 zone on property Generally located on the northeast corner of Flora Road and Baldwin Avenue in the SW 1/4 of Section 7, Township 25 N, Range 45 EWM, Spokane County, Washington NOTICE IS FURTHER GIVEN that a topic of discussion at this hearing may be any environmental documents prepared in conjunction with the proposal. NOTICE IS FURTHER GIVEN that any person interested may appear at said hearing and present testimony verbally or in writing in support of or in opposition to this application, The Board reserves the right to impose time limits on speakers, as deemed necessary. BY ORDER OF THE BOARD this 29 day of June, 1993. PUBLISH: Review - 7/2 WILLIAM E. DONAHUE CLERK OF THE BOARD :ati&-te RO-ANNE MONTAGUE, PE1706N \I PP71/ T .7A L, I AVE • O 0 6/93 HEC Staff Report for PE- 1706 -93 PE- 1706 -93 1- DAj..TON AVE Gypsum •' /un • AV 1?9 180 18' 18F NET 600 NE j INTER -STATE H lca. PAC* Patio 62 or INTRODUCTION This matter has come before the Hearing Examiner Committee on June 24, 1993. The members of the Committee present are Verona Southern, Chairperson, Frank Yuse and Harry Gibbons. PROPOSAL SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS OF' FACT. CONCLUSIONS AND ORDER The sponsor, Wes Crosby, requests approval of PE- 1706 -93, a Preliminary Plat of Flora Meadows with existing Urban Residential -3 -5 (UR -3.5) zoning. FINDINGS OF FACT AND CONCLUSIONS 1. The property is generally located on the northeast corner of Flora Road and Baldwin Avenue in the SW 1/4 of Section 7, Township 25 North, Range 45 EWM, Spokane County, Washington. 2. The committee adopts the Planning Department Report as a part of this record. 3. The existing land uses in the area are single family dwellings on primarily large lot acreage with some large animal keeping and agricultural uses still present. 4. The proposed use may be compatible with existing uses in the area. 5. The Comprehensive Plan designates this site as Urban. The Urban category is for the purpose of a "city- like" environment, including residential densities of 1 unit per acre to 17 units per acre. 6. The existing zoning does implement and conform to the Comprehensive Plan. 7. The Arterial Road Plan designates Flora Road as a Principal Arterial, with a recommended right of way width of 100 feet. 8. The existing zoning of the property described in the application is Urban Residential -3.5 (UR -3.5), previously established as Agriculture (A) zoning in 1957 and reclassified to Urban Residential -3.5 (UR -3.5) on January 1, 1991 pursuant to the 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 zone. 9. The provisions of RCW 43.21C (The State Environmental Policy Act) have been complied with and a Determination of Nonsignificance was issued. The Committee, after independent review, hereby adopts the DNS. 10. The legal requirements for public notice have been fulfilled. HEC Order for PE- 1706 -93 Page 2 11. The owners of adjacent lands expressed disapproval of the proposed use. The concerns addressed in their comments included: a. The negative effects the development would have on wildlife. b. The inadequacy of septic tanks and drainfields to protect the aquifer. c. The incompatibility of the development with existing land uses; many felt there would be conflicts with large animal keeping and other rural activities. d. Unsafe and inadequate roads to serve the development. e. Dust and air pollution created by the development. f. Inadequate school facilities to serve additional students. g. Inadequate parks. h. Inadequate environmental review. i. Impaired views from adjacent lots. Many of the opponents requested that an Environmental Impact Statement (EIS) be prepared for the project. 12. 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. 13. 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. transit e. potable water f. sanitary waste disposal g. parks and recreation facilities h. playgrounds i. schools and schoolgrounds j. sidewalks The above improvements are either existing facilities or will be provided by the applicant upon finalization of this subdivision as conditioned by the Committee and implemented by the various County agencies. 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. HEC Order for PE- 1706 -93 Page 3 HEARING EXAMINER COMMITTEE 1. The concerns expressed by the opponents were adequately addressed at the public hearing or mitigated by recommended conditions of approval. 2. The recent Washington State Board of Health decision concerning the exemption boundary for on -site sewerage systems in Spokane County was considered by the Hearing Examiner Committee, and that until new regulations regarding on -site sewage disposal are implemented, the Hearing Examiner Committee must rely on current regulations. 3. Voluntary agreements for parks and schools as conditioned are adequate to mitigate impacts from the development. SPOKANE COUNTY PLANNING DEPARTMENT 1. The proposal shall comply with the Urban Residential -3.5 (UR -3.5) and the Aquifer Sensitive Area (ASA) overlay zones as amended. 2. The Planning Director /designee shall review any proposed final plat to ensure compliance with these Findings and Conditions of Approval. 3. 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. 4. Appropriate road name(s) shall be indicated. 5. The preliminary plat is given conditional approval for three (3) years, specifically to July 1, 1996 The applicant may request an extension of time by submitting a written request approximately forty-five (45) days prior to the above expiration date. 6. 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. 7. The final plat map shall indicate by a clear, dashed line the required yard setbacks from all private, or public roads. Existing buildings shall meet current Code requirements for setbacks. 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." ' 8. Three (3) current certificates of title shall be furnished to the Planning Department prior to filing the final plat. 9. 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. HEC Order for PE- 1706 -93 Page 4 10. 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. 11. 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. 12. 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." 13. 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. 14. The Water Plan and the above four (4) conditions of approval regarding the Water Plan may be waived by the Planning Director /designee upon receipt 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. 15. A survey is required prior to the filing of a final plat. 16. Prior to approval of road and drainage plans, you are required to coordinate with the United States Postal Service to determine type and location of central mail delivery facilities which may include applicable easements for developments of three or more homes. 17. If, in the course of site alteration connected with this proposal, prehistoric human remains or any archaeological artifacts which may indicate the presence of prehistoric human remains are discovered on the site, the applicant shall immediately stop the site alteration and accomplish (1) and/or (2) below, as appropriate. HEC Order for PE- 1706 -93 Page 5 (1) Apply for and receive a permit to proceed with site alteration from the State Historic Preservation Officer, in accord with the Indian Graves and Records Act (RCW 27.53). (2) Consult with and, if the site is designated by the City/County Historic Landmarks Commission, apply for and receive a "Certificate of Appropriateness" from that Commission, in accord with the City/County Historic Landmarks Ordinance (Spokane County Commissioners Resolution No. 82 -0038) before resuming site alteration. 18. The Spokane County Planning Department shall prepare and record with the County Auditor a Title Notice specifying a future land acquisition area for road right -of -way and utilities. The reserved future acquisition area Title Notice shall be released, in full or in part, by the Planning Department. The notice should be recorded within the same time frame as an appeal and shall provide the following: a. At least 18 feet of reserved future acquisition area for road right -of -way and utilities, in addition to the existing and/or newly dedicated right -of -way along Flora Road. NOTE: The County Engineer has required two feet of new dedication. b. Future building and other setbacks required by the Spokane County Zoning Code shall be measured from the reserved future acquisition area. c. No required landscaping, parking, '208' areas, drainfield or allowed signs should be located within the future acquisition area for road right -of -way and utilities. If any of the above improvements are made within this area, they shall be relocated at the applicant's expense when roadway improvements are made. d. The future acquisition area, until acquired, shall be private property and may be used as allowed in the zone, except that any improvements (such as landscaping, parking, surface drainage, drainfield, signs or others) shall be considered interim uses. e. The property owner shall be responsible for relocating such "interim" improvements at the time Spokane County makes roadway improvements after acquiring said future acquisition area. 19. The Owner shall negotiate 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. HEC Order for PE- 1706 -93 Page 6 Voluntary agreements between the Owner and Spokane County Parks Department shall conform to the requirements of the Revised Code of Washington Chapter 82.02. 20. The Owner shall negotiate with the Central Valley School District No. 356 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 (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. SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior To Issuance Of A Buildine Permit Or Use Of The Property As Proposed: 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- 1706 -93 Page 7 certification, "as- built" plans and monumenting the street, centerlines shall be filed with the County Engineer. 7. Appropriate provision shall be made that the following- described property be held in trust until the continuation of the streets be dedicated or deeded: a one (1) -foot strip at the ends or edges of all streets that terminate or border the subdivision boundary (Temporary cul -de -sacs are required when streets terminate at the subdivision boundaries.) 8. Individual driveway access permits are required prior to issuance of a building permit for driveway approaches to the county road system. 9. Dedication of 5 feet of additional right -of -way along Baldwin Avenue is required. 10. Dedication of 2 feet of additional right -of -way along Flora Road is required. 11. A statement shall be placed in plat dedication that no direct access be allowed from lots to Flora Road. 12. Existing county roads providing direct access to the plat shall be paved and/or curbed to Spokane County standards. 13. All public roads within the plat shall be designed and constructed to Spokane County standards. 14. Sidewalks are required along the arterial(s) on Flora Road. 15. The word "applicant" shall include the owner or owners of the property, his heirs, assigns and successors. 16. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of all internal streets, which are to be constructed within the proposed development. This will require the installation of 36 feet of asphalt. The construction of curbing is also required. 17. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of Baldwin Avenue, which is adjacent to the proposed development. This will require the addition of approximately 10 to 12 feet of asphalt along the frontage of the development. The construction of curbing is also required. 18 The County Engineer has designated Typical Roadway Section Number 2, Minor Arterial standard for the improvement of Flora Road, which is adjacent to the proposed development. This will require the addition of approximately 12 -14 feet of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. 19. The proposed private road as shown on the preliminary plat serving six lots is approved by the County Engineer. 20. The private road shall be improved to Spokane County standard for a private road standard serving 6 lots, and are subject to approval under Section 10.207 of the Spokane County Fire Code. HEC Order for PE- 1'iv6 -93 Page 8 21. All vested owners shall sign and record private road documents as prescribed by the Spokane County Engineer. These documents shall be reviewed and approved by the Spokane County Engineer prior to recording with the Spokane County Auditor. Recording numbers shall be referenced in the dedicatory language of the plat. 22. The following statement shall be placed in the plat dedication: "WARNING: Spokane County has no responsibility to build, improve, maintain or otherwise service the private roads contained within or provide service to the property described in this plat. By accepting this plat or subsequently by allowing a building permit to be issued on property on a private road, Spokane County assumes no obligation for said private road, and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain or provide drainage or snow removal on a private road. This requirement is and shall run with the land and shall be binding upon the owner(s), their heirs, successors or assigns, including the obligation to participate in the maintenance of the private road as provided herein." 23. 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. 24. 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. 25. The following statement shall be placed in the final plat dedication: "The private road as shown hereon is an easement which provides a means of ingress and egress for those lots within the subdivision having frontage thereon." 26. The County Arterial Road Plan identifies Flora Road as a Principal arterial. The existing right -of -way width of 60 feet is not consistent with that specified in the Plan. In order to implement the Arterial Road Plan, in addition to the required right -of -way dedication, a strip of property 18 feet in width along the Flora Road frontage shall be set aside in reserve. This property may be acquired by Spokane County at the time when arterial improvements are made to Flora Road. 27. 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. HEC Order for PE- 1706 -93 Page 9 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 Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health District. 2. 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. Each dwelling unit shall be double - plumbed for connection to future areawide collection systems. 5. A dry sewer connection to the future areawide sewerage system shall be constructed. Plans and specifications for the dry sewer connection shall be reviewed and approved by the Utilities Department. 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 lot of the plat. HEC Order for PE- 1706 -93 Page 10 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. 8. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane County Health District that a suitable sites for on -site sewage disposal systems are available on lots. 9. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane County Health District that the existing on -site sewage disposal system serving the residences on Lots 1 and 10, Block 1 are wholly located within the boundaries of the lot, or replace the on -site sewage systems so that they are entirely on the lot. 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 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 ." 14. 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 reproduction. 15. The purveyor will also certify prior to filing the final plat on a copy of said water plan that appropriate contractual arrangements have been made with the plat sponsor for construction of the water system, in accordance with the approved plan and time schedule. The time schedule will provide, in any case, for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the plat. The contractual arrangements will include a provision holding Spokane County /City of Spokane, Spokane County 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. HEC Order for PE- 1706 -93 Page 11 SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1. 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 the 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 (ie. ingress, egress, parking areas, access roads) should 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 other than burning (ie. construction waste, etc.). 6. All solid fuel burning devices (wood stoves, pellet stoves, etc...) must comply with local, state, and federal rules and regulations. SPOKANE COUNTY PARK DEPARTMENT 1. See Spokane County Planning Condition No. 19. CENTRAL VALLEY SCHOOL DISTRICT NO. 356 1. See Spokane County Planning Condition No. 20. SPOKANE COUNTY DIVISION OF BUILDINGS 1. The applicant shall contact the Division of Buildings at the earliest possible stage in order to be informed of code requirements administered/enforced as authorized by the State Building Code Act. Design/development concerns include: Fire apparatus access roads, fire hydrant/flow, approved water systems, building accessibility, construction type, occupancy classification, exiting, exterior wall protection, and energy code regulations. NEC Order for PE- 1706 -93 Page 12 ORDER The Hearing Examiner Committee, pursuant to the above Findings of Fact and Conclusion, APPROVES the application of Wes Crosby for the Preliminary Plat as described in the application PE- 1706 -93 known as Flora Meadows. Motion by: Frank Yuse Seconded by: Harry Gibbons Vote: (3 -0) UNANIMOUS TO APPROVE THE PRELIMINARY PLAT OF FLORA MEADOWS HEARING EXAMINER COMMI 1 1 EE HEREBY A 1 PEST TO THE ABOVE FINDINGS, ORDER, AND VOTE Chairman t,2 Al PEST: For WALLIS D. HUBBARD Planning Director y JOHN W. EDERSON Senior Planner g/�/93 Date Pursuant to 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, W. 1116 Broadway, Spokane, WA 99260, along with a $200 processing fee payable to the Spokane County Treasurer. If you have any questions, please call the Planning Department at 456 -2205. 'okA.-'v L Tit /A Z. A v E PE- 1706 -93 INTER -STATE HIGHWAY N° 90 /2 NC /4 ' -:z 0 33 ' O I L a N o N CC h I J O II O a O CC Q O J LL Z 0 Q 0 cr • 1 tr 0 J LL N /0/ 630' 630' 29 34 9 9 0 1O'" /02 9 /00 650' 35 11 99 0 • . .* 0 1 0 m N p 0 O c W 0 • 1 O /0 e 9 /6 e /7 r w cc 2 0 Ln AVENUE 6 601 1 I n) IZ:r a 0 U" •• N 2 9, • i I2 27 ? c 9 4 0 650 660' 36 5 9 Z y2 W �I ?f / a- k A A 660' 631 to 0 • • Irn ti N 0 01 53 INDIAN 63' 26 3; CE2 1 SPOKANE ENVIRONMENTAL ORDINANCE SECTION 11.10.230 [1] P e - 33 (VAC 197 -11 -9601 Section 11.10.230(1) Purpose of Checklist The State Environmental Policy Act (SEPAI chapter 43.21C RC:. requires all 9overrmental agencies to consider the environmental Impacts of a proposal before making decisions.' An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse Impacts on the quality of the environment. The purpose of this checklist Is to provide information to help you and the agency Identify Impacts Irmo your proposal land to reduce or avoid Impacts from the proposal, If it can be done) and to help the agency decide whether m EIS Is required. Instructions for Applicants: This environmental checklist Like you to describe seem !WO information about your proposal Governmental agencies use this checklist to determine whether the environmental imoacts of your proposal are significant, requiring preparation of an CIS. Answer the questions briefly, with the most precise Information known, or give the best description you can. You must answer each question accurate:, .,d : 7,Ju:ly. to the Pest of your knowledge. In most cases, you should be able to answer the questions from your o observations or project plans without the need to sire experts. If you really do not know the answer, or if a question dots not apply to your proposal. write 'do not know' or 'does not apply ' Complete answers to the gvetttons now may avoid unnecessary delays later. Some questions ask about governmental regulations, suer as toning, shoreline. and laramare designations. Answer these questions If you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, ever, if you plan to do thna over a period of time or on different parcels of land. Attach any additional Information that will describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional infonsation reasonably related to determining If there may be significant adverse %motet Use of checklist for nonerosect proposals: Complete this checklist for nonproject pr000uls. even though questions may be answered 'does not apply'. IM ADDITION. complete the SUPPLEMENTAL SHEET FOR fONPROJECT ACTIOMS(Pert 0). For nonproject actions, the references In the checklist to the words 'proJcct,' 'appllunt,' and 'property or site' should be read as 'proposal,' 'proposer, and 'affected geographic area,' respectively. A. SACKGROUM0 SPOKANE -EHf IRO?DIENTM. ORDINANCE Environmental Checklist I. lame of proposed pro]ec:, if applicable: Preliminary Plat of P1nrA ManArineac 2. rase of Applicant. C.H.n Tnr r /n TAIPC frnchy g. Address and phone nmber of applicant or Contact person. P.O. Box 13717, Spokane. WA 99213 509- 926 -5229 File Mo. 4. Date checklist prepared. March 1993 Agency requestirp meet ll st:,SonkanP C'nunty nuo rtmannf of Planning. nnA Building Services 6. Proposed timing or snedule (including phasing, If applicable! Building time w111 occur In late 1ggi_1 qq4_ there will be more than one phase. Full build out of the development could take 4 or 5 years depending on the market. 7. a. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes. explain._ No b. Do you own or have options on land nearby or adjacent to this proposal' If yes, explain. No 8. List any environmental Information you know about that has been prepared, or will be prepared, directly related to this proposal. None R.v.21 /88 , .fir tar ,. ;1 ,yca SPOtA!fi Rf- IAOMILNLI 07.DINA!ICL (vAC 19) -11 -960) S•ccioo 11.10.230(1) •L. 6ACXCIL2C7TO (continued) 9. Do you know whether •pplluclono sr• p•odlnt far ror•nu.nc•I .ppro•la of ocher proposals directly •ff•ccinr the prnp•rcy cov•r• by your props..!• If ye., •rpl.lo. None - - 10, U•1 147 go.erarnc •pprav•l• or p•rait• th•t vt a be needed for your proposal, If known. Preliminary plat approval, final plat approval and necessary permits for water, sewage disposal systems, roads, and buildings. It. 61.. • brt•, co•ple• description of your proposal, including tM prope.•d u sin s and the si of the project •nd sit.. Therm are • ral yu•.c line Lent' la this checklist that ask you to d••crtb• certain up•ct• of your propaul. You do not need to ripe.' thou answers on tht• p•s•. 31 single family units are-proposed to be developed on a 9.3 acre site which is currently zoned UR - 3.5. The development's water supplies will be provided by Consolidated Irrigation District. Waste water will be disposed of through individual on site septic systems serving each residence. New public roads will be developed as shown on the preliminary plat map. 12. lac ciao Of Cho prapo•.1. Div ' conic/tip 'Off lct.n information for person o uMerst•nd ch• precis location of your pr,pt.ed project, including • strut add 1f any, •rid section, owh d 1p . r.nt• if known. If • proposal would o v range .of er, provide the cerise or boundarl•• of the •lt•(•) travld• • l.a•l description, sit. plan, vieiniry up, .nd topographic up, L e. a ,ably •v•tL.bl•. While you should submit •nr plane r•gulres by the •••„ty, you are not reeulr•d to dupllc•• ups or detailed plan. •ub•ta•d vlth •ny p•rwit •ppllutlon related to this checklist. The site is located north of Baldwin Avenue, east of Flora Road. Located in Section 7, Township 25 N., Range 45 E.W.M., situate in the County of Spokane, State of Washington. 8). Doss th• proposed •ctlaa 11. wickln the Aqui(sr Sensitive Art. (ASAP the 0..•r•' Sever 9•r.lc• A••! 'The !rlortry S•a•r S•rv1C. Are.! Phi City of Spokaa•! (Su: Spoks". County'• ASA overlay lane Atlas for baund.rtu). The site is located within the Aquifer Sensitive Area (ASA), Priority Sewer Service Area (PSSA), Urban Influence Area (UTA), and is within Spokane County. 0 31 001.0=D 31 &Alai CMT B. pr> 110 R`6)r'_l1 C_D'Orrt . CA/C11 •. Cao•r•1 description of the sit• (circle oat): flat, rolling, hilly, •c..p •lop••. .ount•lnou•, °the r: The majority of the site is flat. b. 'mac t. the .•opes[ ,top. on the site (•ppr•a1..c• p.rc.nt .tope)! There is 3 -5% slope on the site. d. kr• therm •urf•c• tdtc•ctau or hi•cory of unac•bt. sails In the lmosedim vicinity! Ir PO, 4* •c ri No (valuation got Agency UP. Only c. '.hat gnieral rypo of sails are found on the site (for ••pl•, clay, ..d, {r•vel, peat. uck)) If you know the cts••iflurlan of •gricultur.l setts, specify thew and note •ny prise (•r.lsnd• See Attached. / A Or R 1/ 5 . I as s ccr,. t- r ; 5m4 a (VAC 197 -11 -960) Section 11.10.210(1) B. ENYIROIOIEXTAL ELEMENTS(contl need) Alit 1. WATER SPOKANE ENVIRONMENTAL ORDINANCE Describe the purpose, type, _end approximate, qusntlt let any 1I 11lna or a_)dinn.nr000r+• I ndlcate source of f ill. — .. _H. :. Only minimal grading for the placement of roads and footings will be necessary. f. Could erosion o¢ur as a result of clearing conatrgctlon, or use? If o, genera y deter e. Erosion would be very unlikely, due to deve on f lat land, and the low risk of erosion associated with all the soil types identified on the site. About whet percent of the site .111 be covered with Impervious surfaces after project construc- tion for example, asphalt or oulldingsl2 The 31 residences, driveways, and paved streets will cover approximately 33% of the site. h. Proposed measures to reduce or control erosion. or other Impacts to the earth, if any: ThP Cltp dnRinn 1S s ncitive to the natural topographic [valve Hon For Agency Use Only features. All residential and road areas occur on flat I terrain. 1 i What type of emissions to the air would result from the proposal II.e., dust, eutemoblle, odors industrial, wood spoke) during construction and when the prokct is completed? If any, generally describe and give approximate quantites If known. See Attached. b. Are there any off-site sources el miss ions or odor that may affect your proposal) If so, generally describe. No c. Proposed measures to reduce or control eel to torso or other Impacts to air, If any: See Attached. Surface: (1) Is there any surface water body on or in the Imedl rte vicinity of the site including year - round and seasonal streams, saltwater, lakes, ponds, wet lands l? If yes, describe type and provide names. If appropriate, state whet stream or river It flows into. No surface water is found on site. (2) in 11 the project reoulre any wort over, 1n, or adjacent to (within 2W feet) the described waters? If yes, please describe and atucn avel sable plans. 3 (OAC 192 - 11-960) S•ctlon 11.10.230(1) 1. [NVIRDMCOtAl. RCSN'S (continued) SPOKANL [NVIADn1117211 owt21NCE t (3) ['clout. the • ounc of 1111 and dredge ua oriel that would be pl.c•d to or removed from tie ur(•ce wa t r or wetly M. end indicate [M u a. of [M t. al chat would ba affected. Indu tc• the source of fill material. None. ( 1 ) vlll the propoeel r•qul• surface cater vlthd nasal• or diver.ionet Give • • •r•1 d•ecrlp- tion, purpoa., end .pprox l.at. qu.ncltlu, :, known. No (5) Doe. cM proposal lie within . 100-yur .'Iced pLln? If eo, note location on the site plan. No • (6) Does the propo..1 Involve •ny di.char:•• of vote .aurt•l. to surface wont r•( If describe the type of ••t• end Anticipated volume of dl.ch•rg•. No b. Ground: (1) Wttl groundwater Se withdrawn, or will water b. dt.charg•d to crovndv.r.r' Gin 1• r a1 ur ducriptlon, pavan, end apps zlut. qu•nttttu, if (mown. r No. water for this development will be provided by Consolidated Irrigation District's water systems. Vr (2) Diatribe w c wistaria' clue will be discharged( Inc. the rrouM from .cpuc r•nk• or other •.oic.ry waste [remount [•clllq Describe the general .f.s of the spates, the n.nb.r of hnu, u co Cu urv.d (1( applicable) or the nomb.r of •ov •n •a per the rya u(•) •zy cced co See Attached. - (3) evict any syetue, other [hen thou dul•n•d for the disposal of sanitary wee lne•lled for cM purpose of dl•ch•r1lnl glut.• belay the !round eurfac• (lncludu ••ce.• such .. rho.' for cM dt.po..l of • t dr water or ain.[• froa floor drains). type ). Daacrtbe the o! • ay e• mo y the nt of sat•rtal to b. .• dl•pod of through the .y.tu end the type. of •ri.1. likely to be dl.po..d of (Including eateri•L which say enter the system loa dveruncly through .pills or as • ruult of fire! /tilting scttvtuu). See Attached. (1) Will •ray chemicals (..p•clally organic solvents or petroleum fuel.) b. 'cored to above - trouoe or underground •cost. tack.? it ea, ?Cut typ•a and pa.ntiti.o of eat.riale vlll be stored! No [valuation for Agency V•e Only (VAC 197-11 -960) Sec Lion 11.10. :A(1) 1. IXVttOM@rEAI. r T . n r:S (co nci nun ) d t?DIANE orvltotrt¢xw, O7J3IIIAJ4Ct (5) Vh.t pro t.cuve • will be taken o ns iure chit Inks er •plus of any cbadc•la on red •ea min will not ha allew.a ver ol•u {roundv.ur (this Include• nes suru to keep ch•.lcala out of dl•po••1 ey.as• described in )b(E) and )b( 3)T • See Attached. c Caret kuno(f (including /corn •ter)• (1) Describe the of nine( (including scorer utter) and method of celleccien and di•poni if any (lncluda guanine., if known). Chlre will this utter flow Will Ode utcar flow Into other 'situ n! If so, deacrfba. See Attached. (2) 'Jill any che.lc•1• • .cored, handled or used on the alt• in • location where • •p111 or Ink v111 dr•ln to surface of trouo4v.1.r er to • storne vicar di•pe.l ,y.ts dl senora ln{ re surf . . re or groundwater] No (J) Could tint. •a t•rl•L enter ground or .ur£.ce tracers( If •e, 117 describe. See Attached. d, rropend tenons o t ` el urine, ground, nit rune/ ` t.p•c if any (: t the proposed 11.. vtc,lo tee An! f sr [•nett not Are• be npecially clear on erplacactoa r renting to faclltc i.• Lance rein[ Section• )60), )b(5), and )c(2) of chi. checklist): See Attached. , MAXI'S •• Tack or circle rpe of vegetation found on the alt.: dad duou• :..e. .....r. maple , aspen, other. evergreen .sell .. , cedar, pin, other. shrub• {r • •• X CrOp Of gr.1n . on loll plena, .au A-1 I, buttercup, bullru.h, skunk •bb•gs, other. ter plant., utter 1111y, nitres., .11(.11 other . ocher type. of ventsglen. b what kind and ••ounr of eg• tac ion will b. rsov•d or •lt•rd9 See Attached. c Lin threatened or endangered species know to b. an o r near the .Ice. None Rope.ed land ¢.pint •. ( cl •vl. c to [ n.nc w ac So en the e1te, if .n,: Each lot wi`wi ne hlr anascapea oy tone k inoivioua7 homeowner. This landscaping will provide habitat for birds in the area. Evaluation Tor Agency U•• only ./ (VAC 197 -I1 -960) Section 11.10.270(1) 5. ENVIROO1ENTAL ELEMENTS (continued) Is the site part of a migration route' if so, explain. No SPOKANE ENVIRONMENTAL ORDINANCE 5. ANIMALS a Circle any birds and animals which have been observed an or near the site or are known to be on or near the site: birds: hawk, heron. eagle, songbirds, other: Pheasant, quail, and common bird AMPtzaz bear, elk, beaver, other. shall rodents (mice & voles), squirrels fish: bass, salmon, trout, herring, shellfish, ether: None other: List any threatened or endangered species ' t nowr.to oe on or near the site. None Proposed measures to preserve or enhance wildlife, if any: The site presently lacks the vegetative cover and water sources necessary tor substantiai nabitat areas s Ae lntc ara lndscaped. ty and nlantin ENERGY AND NATURAL RESOURCES for birds. a. What kinds of energy (electric. natural gas, woad stove, solar) will be used to meet the the completed project'} energy needs? Cesc ibe whether It will be used or neat n ufac- turing, etc. Washington Water Faner would provi nazur gas and electric for the residential development. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No • hoitat 7. ENVIRONMENTAL HEALTH a, Are there any environmental health hazards, Inciuding exposure to toxic chemicals. risk of fire and explosion, spill, or hazardous waste, that :bold occur as a result of this proposal? If so, describe. • No. (1) Describe special emergency services that n:gnt be required. None. Evaluation For Agency 'Vsa Only c. What kinds of energy conservation features are . ,eluded In the plans of this proposal ?. List ?R r p Pas d ueur t t o r duce or o con e- y exit 1f an {iigj quali xnes ous�veopmeiit will be built in an energy efficient manner using quality construction materials that will promote energy conservation. (VAC 19) -11 -960) Section - 11.10.2)0(1) rgrxomcortAL,C_o is (connnuad) CNVIXON`SlrAL IIILADDfl (continued) (1) Proposed ....ores to reduce or control .lro:venrd health hazard., If eey N/A b. Noise: (1) %hat types of noise exist in the area which may affect your project (for eca,gl.t equipment., operation, ocher A small amount of traffic noise is venerated from - existing developments. (2) 'That type. and 1e.els or noise would be created by or associated with the pro]ec e .Fort -te re or . loot -term basic (for exempla: traffic, conetruct ion, operation, otb.r)! Indicate what hours noise would come from the Bite. See Attached. (2) Proposed ...cure [e reduce or control noted l.p.ct., if any: Ccc Titter rharl 6, IA:tD AND SHOPZLIfE UAL a. 1.1h.[ la the current at of the alt. and adjacent properties? See Attached. Ito. the site been used for agriculture. If to, describe. Ye 1 ho ; l-o ..,CC r,oi r.ry cultivated to nroduce haw. Describe any structures on the site. Tin Cirl(Tlo fnnily nAAirRPnnAA G )nrk ehnn_ chPd- and dog kennels. d. 'MI11 any structures b. demolished If .o, which! Yes, the dog kennels, and the shed. tfh.t is the current zoning c1u.tft .tlon of [M ette1 Urban Residential 3.5 (UR -3.5) WI- 1e [ha current comprehensive plan deatgnstlon of th. .Stet Urban s?Ot.ANt. GIMx0M4NL1 oxDINANCt traffic, If Applicable, what I. the current chore line .aster program designation of Ow site! N/A Has any part of the site been claaaift.d .. .. - envlrom.tally sensitive' .rut If eo, .p.clfy. No 1. Approxia.t.l* how many people would raide or or In the completed project! Approximately 72.85 people will be residing on the site when the project is fini^hed with 31 residences. Evaluation ler Agency Uwe Only C) ('_AC 191 -11 -960) S•ccion 11.10.130(1) [ xoNt29T11. LLIIWITS (coed Loud) be constructed. Approximately how many unit•, if any, would be •llanat.dl low-lncw• housing. None See Attached. SFO Wit LY 0XD12(lNCL J. Approximately how many pool. would ch. co.pl.•d proJ•ct d1•pLUt Froposci ....mar.• to •void or r•duc• displace ant L.p.ct•, lr any: N/A L. propo..d va.un. to •n•ure the proposal la comp. tibl• with niacin .r. pral•ct.d land u... •nd plane, if any: See Attached. 9 HOUSING ApproxL.taly how any unite vould b. provld•d, if any( loll cat. whevu high-, .lddl•-, or low -lrce.. heu.ing. 31 detached middle income single family residences will • Vhac vl•• In the t —.dl•• vicinity won • .Lt. -..l or ob.cjuc:.d1 _ !:one tndiuce what/oar u1h - •lddl. -, or Fropo..d .u.uro to r.duc. or control hew.inl l•p•cc., if any: Existing homes on site will be remodeled and maintained on lets within the plat. :0 ALSTIICTI CS Uhet ta the •11..t hdght of my propend ructur•(•). mod :melodic; •nte,na.i :that 1. the prtncip•1 exterior building ma•rl•l(.) propeudi See Attached. See Attached:' . .. ?reptant] .*.lure• to r.duc. or control eeechecic impacts, if any: The site design is sensitive to aesthetic impacts. Utilities within the development will be underground. 11 LICN' AND CLAM .. :Oust type of light or gLr• will the proposal produce( :11uc time of day would It airily occur? b. Could light or gl.r. Ere. the finished project O. a eatery har•rd or lxt•rf.r• with vtawel No What •xinin1 all ••(c• .wrc• of light or 5L• may affect ywr proee.a_ None d. rropo..d .u rvr.a to reduce or control light and gLar• imp•cts, if The use of nonglare lighting for exterio iignung of the hones. tv•luation For Ar.ntl U• Only (viC 19) -11 -940) Section 11.10.230(1) 1. ClrVI10701E<tA. tIS¢HIS (contlmed) 11. 7ACC]ICATI011 vh•c de•tg.nated •nd informal r•cruclooal opportunitin •r• in the See Attached. b. you'd th• proposed project dispLsc. any ',fluting r•cr.atiooal um? If so, d•.crlbe. No c. Proposed naeuro to reduce or ontrol lap•cts on recreation, including. s e. er tioroal npportunl- t ie. to be provided by the project or Applicant, 11 say: N/A 1), HIS'OAIC AHD CULTIIML T72SCAVATION •. Are there •ny plat. ob.)•cts 11•t•d n or proposed for national, state or ma local pr•rv•- tion'rei<er• Wnvn to be on sr next to th. site+ tf • , tenors lly de.cr tbe l. No b. Centrally desert's. any 1.ndma[k. or •vtd•nc• of hiator lc •rcha•ototical, sc lanclf lc or cultural taport.nc• Imn.n t0 be on or next to the site. No archaeological sites have been identities on the site of this proposal. c. Propo•.d .u•une to reduce or control 1•p•cc•, ii any: See Attached. It, TCAOSPOA-ATIOM •. identify public streets and hlihv.y. a r.ini the site end incrtoe proposed new co the eat •tint • eet eyet r.. Shov-an site plans, if any. __ See Attached. 1. • currently ••rv.d by public transit/ If not, vhat t• the approximate dlrcano• to the near. st tram it •tops See Attached. SAGR[ 1`441 caM¢..Al. ow1)5 ANA .e.4LCe vicinity; flow zany parking spat.• would rh• co.pler•d project hsv.i Nov many so44 the pra).ct .1twc•! See Attached. d. 'Jt11 '.quit • any o•. roads � •tr.eta, r improvements o existing pad• u etr.a ode Including driv•w•ys1 If •o, C.n.rally describe or whether public or priv•t•)• See Attached. e. Vlll the project use (or occur to the lien me edl •t• riciotty of ter, nil, or sir tr•oap.rcationt If • , gener•lly d..crtbe. No 9 A r-5 DEPT. IS aP0 yn tr1C�44re t ntP\cTS e-- rf� ego. 15 WtrHt4 RN 4-12A vatfNATED A S AIZcNA ECxrcfcnccy SEr35ircv (VAC 197 -11 - 960) Sect loo 11.10. 230(1) Z. arvtnommr7.1. ancnrs (continu.d) Nov any nhlcul.. trips per day would 6. P^•reced by :h• cmpl•[•d prol•ctl If known, and tcau when pat would occur. (. yropo•ed ..aaura to reduce or central cr•naportat ion .ap•ct, If any The proponents will pave all new public roads to County Standards. The site will have an etticient egress anti ingress flow of traffic to reduce the transportation impacts. 15. PUBLIC SCIIVICCS . 'Would 014 pro lecc rent It In an lncrue.d need (or public arwlu• ((or example, fire protection, police protection, health car • , school., other)! If • , gamily describe. See Attached. b, proposed .ea.ura• to nduc• or control direct S.p•cts an public arvtctt, t' any: ScIe Attached. 16. ICILI:ICS a. Circle utilita • currently callable •c ch. ate: electricity natural t. , flea, ref gin •trvt< , telephone, notary •w .p tic •y atom, other. See Attached. b. D. .crib• the atilt Lit that • . propo ad for the project , ch• uctlity providing the service ad the ;mind. construction .ctivic l.a on the sit• or in the Saridlate rictnity vhlch eight be naded. C. SICHACVRC See Attached. 1, the undersigned, war under the p•nalcy of perjury chat the above re• pan..• are .sda truthfully and to the beet of .y knowled• • also understood that, Would chore b. any willful .lsrepre ante c ion or will( a any w111(ul Lock of full disclosure an .7 part, the ester,' withdraw y d e cv rwtna tion of naneigni finance tat it might Lau in r•li.nc• upon Okla checklist. 7,hzief prop..•„, dl-M. l/jC. Y h Wes Crospu /y (glean ?riot Type) ?roporcnc. (Z�. Addr.ti. D. BtrX 137/7 (J,igi a cur. )O Phone 9a4 7 5aa9 spoke /2 , 10.1. 990?/3 an a..pl.tinc for.: PIMA) 4$sacid77S C/o JA✓t7' 7 flh77e1V Data M d ,1 Ch 3 , one: 53ij- 80,x(0 01 to goad o [N• stet raga of the environaa.l cMctlio ,n4 ocher perri:nut I n /oration, the staff: A. Conclud. • that chop. .re no probable atria (l cant odv.ra. :sport. and r.ccaand• • d• c• rata [Soo of morainal! tcaoc•. B. Conclud•• chat pro)bl. •1 militant •aura. en.iron ..vial apace do .x1 at lot the currant p cop* .ol and r•toaaud• • .L[lgar.d d•c.r- elatioo of non.l gaiticao<• with condition.. rox rkry 05C ONLY See Attached. Sc.(( saber(•) reviewing ch.cklt•c SPOL.L t CN71107 QNCAL OR➢tH.WCC [valuation Tor Agency 0.• only C rZ1L- ✓4C Y Hc'O - phi 5cHW` of %�ax�la(ti C is !% /tb - .)v1 Sf (x;S t 4 S-•S Cer Vli c o 'c E l'ae,e Seg Jr2Q6'J i c-V ,✓C fF ✓4(uE� RNi7 4,ec /Oar' FRo5EUED , N nie A/EA2 FJ; JRE, Sandra Raskell From: Sandra Raskell Sent: Monday, December 06, 2004 10:56 AM To: Mike Basinger Subject: PE- 1706 -93 Time Extension Mike, Attached is my recommendation letter for the time extension. The applicant is required to submit a review fee of $50. This shall be collected prior to issuance of decision. Thanks, Sandra Raskell, P.E. Assistant Development Engineer City of Spokane Valley 11707 East Sprague Avenue Spokane Valley, WA 99206 Phone: (509) 688 -0174 Fax: (509) 688 -0037 12/6/2004 Page 1 of 1 Sioliane Valley Memorandum To: Mike Basinger — Associate Planner From: Sandra Raskell, P.E. — Assistant Engineer Date: December 6, 2004 Re: PE- 1706 -93 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org After reviewing the application submitted for a time extension for PE- 1706 -93, the Public Works Department recommends denial. There has been no progress on this plat since conditions were issued. If you have any further questions, please contact me at 688 -0174. Sandra Raskell From: Mike Basinger Sent: Wednesday, December 01, 2004 4:27 PM To: Sandra Raskell Subject: RE: PE- 1706 -93 Flora Meadows Time Extension Sandra, This is the first time extension for PE- 1706 -93. Mike From: Sandra Raskell Sent: Wednesday, December 01, 2004 2:34 PM To: Mike Basinger Subject: PE- 1706 -93 Flora Meadows Time Extension Importance: High Mike, When was the last time extension given for this project? Thanks, Sandra Raskell, P.E. Assistant Development Engineer City of Spokane Valley 11707 East Sprague Avenue Spokane Valley, WA 99206 Phone: (509) 688 -0174 Fax: (509) 688 -0037 12/3/2004 Page 1 of 1 fl'1 �7V1� ne COMMUNITY DEVELOPMENT DEPARTMENT .Valley Date: November 22, 2004 DIVISION OF PLANNING Attachments: COVER MEMORANDUM To: City of Spokane Valley Engineering Department • John Hohman, P.E. Senior Engineer • Sandi — a: askE11 P.E., Assistant Engineer • Don Ramsey, Traffic Engineer City of Spokane Valley Building Department — Tom Scholtens Spokane County Division of Utilities - Information Services; Jim Red Spokane County Air Pollution Control Authority — Ron Edgar Spokane County Transit Authority — Gordon Howell Spokane County Fire District No. 1 Spokane Regional Health District - Steve Holderby Consolidated Irrigation District No. 19 Washington State Department of Transportation- Greg F From: Mike Basinger, Associate Planner 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 PH: 509.688.0045 FX: 509.921.1008 E -MAIL: mbasincer(a7snokanevallev.org Ps+n123 2004 U LI fi 11707 E. Sprague • Suite 106 • Spokane Valley, WA • 99206 • (509) 921 -1000 • Fax (509) 921 -1008 SUBJECT: Extension for Preliminary Plat Approval for Flora Meadows (PE- 1706 -93) The City of Spokane Valley is requesting your comments in regards to approving an extension for Flora Meadows (PE- 1706 -93). Should the time extension be approved, the preliminary plat approval will be extended to December 12, 2005. Please review and submit written comments via mail, facsimile or mail by December 6. 2004 to the attention of the staff person identified above. Time Extension Application Hearing Examiner Committee Findings of Fact, Conclusion and Order Site Plan v a (D rn (a Indlan6 AY•. so 70 ; 76 51 t il l 70 et 0(10(61(0 X:, 13 8151 S (PTK 96 'Call( cow I2!d. — I 0A•ut -- Ie6D — !, V .•I T sr, EI 87 os 6 3 b T 67 ♦I 2 el 12 862 1* u c •o 86 05a 6 2 0 5 El • 11 861 TT NOT 99 86. T 25 71, 0. 15 E SEC I 3 • 0 862' ARA01 2 662 000 PHASIC 1 86111.5( L I ran S[rIO -- l co 87 Au'[. co e0 00 Baldwin AY•. BIiE 1411.1 M =1 VICINITY MAP A • C 0 e6 ' 10 TO BC RENOYED� (H , C [I R 80 V 10 • • •1 su as a. t1 el 6 17 14 21 16 B 862' 50 BLDG SC166(5 9 O'• is oa 16 Ile 16 10 7 Y 2 20 120AL DEOCRIPTION 111S LAID IS SITU•TED N THE STATE Or uL•GTON, COUNTY Of SPOKANE, AIO R 0(5(88(0 AS !OSLO'S THE SOUTH 250 FEET OF 1P•CT O Of P1,61 'A• CA([NACIEES NPIGT114 DISTRICT, •5 PEA RAT THEREOF PECOAO(0 14 Wlttt T' OF PLAT, PAGE 51 •DDITION N0. P THE ROADS 70 FEET OF THE SOUTH 320 !ELT OF TRACT 15 A004 N0. 2. TM NORTH 315 FEET CF THE 501TN 635 FELT Of TRACT 15. _LOT 1. LK. 3 n P ( 0. PLAT DATA r • 30 I FE01993 AREA 9 ACRES N0. OF LOTS 30 OR 31 TYP. LOT SIZE 10,000 SF. TYP. LOT FRONTAGE 80 LI. DENSITY 341IACRE CONPREHENSIVE PLAN URBAN CONING UR 3.5 WATER SUPPLY CONSOLOATED RATER DISTRICT 5(•AGE OISPOSAL FLORA MEADOWS NOIVI0UAL SEPTIC •KK 5751 E PUOUC WHEN AVALABLE CONSULTANT TAGGART [N624E01246 E 51.PV(YNG N 2120 PINES P0. MATE 11 -0 5P0KANE, WA99206 APPLICANT CHU, 140. P O. 802 13717 SPOKANE, WA99213 PRELIMINARY SUBDIVISION PLAT 31 LOT DEVELOPMENT FOR WES CROSBY, PRESIDENT C040. INC. l T• TAO O A PYN niOl lee nlN❑ C 6[.112AVI E;IO • T.25N., R. 8E0.7 C 93021 1 I or a 31:1 Vicinity Map: PE-1706-93 Scale: 1 inch — 400 ft (rounded) 12/16/03 Vicinity Map 14 ;coin.. tndiana CITY OF SPOKANE VALLEY APPLICATION FOR EXTENSION OF TIME DIVISION OF PLANNING NAME OF PLAT/FILE NO: C L(R 4 "len J to P g 1 PARCEL NO: 5 OE IS and _ C073. 06, A APPLICANT (NAME OF LEGAL OWNER): C. H. 19 i / ✓<'• -62),,t; CC:9Se y> / MAILING ADDRESS: P. 5, /:7,s,( 1'3 7/ 7 CITY: 3 STATE: WA— ZIP: 4' r z-13 PHONE: (work) ?9. q247 -?, (fax)_12 (,: 4,297 IF APPLICANT IS NOT THE OWNER, INCLUDE WRITTEN OWNER AUTHORIZATION FOR THE BELOW OWNER'S DESIGNATED CONTACT TO SERVE AS REPRESENTATIVE OWNER'S DESIGNATED CONTACT: MAILING ADDRESS: - CITY: STATE: ZIP: PHONE: (work) (home) (fax) 1. Iias any portion of the plat, short plat or BSP been finalized (recorded)? 2. Has a proposed final plat, short plat or BSP been submitted to the Division of Planning? Yes No 1C' If no, why has the plat, short plat or BSP not been finalized? What has been the delay? c 7 -P wet tsars N /1 tL4 -�/.�, f/ '4 rA,5,e -pc ;20,*- +Nis 0I4t. 1014 4 aa a.wX t2 i55Y1 4, y a) tnn4/.t:„m4„4va„ers RDen A-k ' fiv,of A teek4A, 1 ivW,sIin Co o.m, e, (k1R7i Mate. li @r in* $•t•54.kflu,7JcMt O4z't$ run -vt, 4-410 7 cs.:, /sSu.eS usr`sa • to: �., 04 - wog/ 4.a',o?Ne Aia NO 1-e-v- e< /NAP -A-Vf /iv ° .% {hat progress has occurred: What conditions of approval hale been completed (such as survey work, improvements constructed, departmental approvals obtained)? 'Me sires # &QM S.40b yae aivn $rrne 0. /k J /s p Re- ,m-seg - 4 /111a 14.44 sQa. Y .te,ts.f d As ci to / - 7-a- . 0 nen a 434 a lr/S/ Ods 7 a-fell- Je D % p r? ecn- -. / 5 o,e, r7/> "2.0 n-S7 4. Is this a phased project? Yes LEGAL OWNER SIGNATURE (Signature of legal owner or representative as authorized by legal owner) I, IA) & s /P yy In C -R o 5g , (print name) SWEAR OR AFFIRM THAT THE ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE. I FURTHER SWEAR OR AFFIRM THAT I AM THE OWNER OF RECORD OF THE AREA PROPOSED FOR THE ABOVE IDENTIFIED LAND USE ACTION, OR, IF NOT TIIE OWNER, ATTACIIED HEREWITH IS WRITTEN PERMISSION FROM THE OWNER AUTHORIZING MY ACTIONS ON HIS /HER BEHALF. ADDRESS: P O Bet' /37/7 CITY: No. of lots originally approved: _ - Z / No. of phases finalized to date: b No. of lots remaining to be finalized: ...3j No. of acres remaining to date: Q - r STATE OF WASHINGTON )ss: CITY OF SPOKANE VALLEY) ) STATE: SIGnA SUBSCRIBED AND SWORN to before me this No If yes, please complete the following information: NOTARY day of NOTARY SIGNATURE Notary Public in and for the State of Washington Residing at: , j � ni i My appointment expires: .3 -/ Q - .05 /' . PHONE&dY) 9,26 -sz29 t[/4- ZIP: Z /J — /D — 09 DATE )J0 V-Cfn kikr, 20 o DATE SUBMITTED: I l /, 1 OA c RECEIVED BY 1 .�_ Ps-) AMOUNT RECEIVED. .-) I W RECEIPT NO. W /'4 INTRODUCTION This matter has come before the Hearing Examiner Committee on June 24, 1993. The members of the Committee present are Verona Southern, Chairperson, Frank Yuse and Harry Gibbons. PROPOSAL SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS OF' FACT. CONCLUSIONS AND ORDER The sponsor, Wes Crosby, requests approval of PE- 1706 -93, a Preliminary Plat of Flora Meadows with existing Urban Residential -3 -5 (UR -3.5) zoning. FINDINGS OF FACT AND CONCLUSIONS 1. The property is generally located on the northeast corner of Flora Road and Baldwin Avenue in the SW 1/4 of Section 7, Township 25 North, Range 45 EWM, Spokane County, Washington. 2. The committee adopts the Planning Department Report as a part of this record. 3. The existing land uses in the area are single family dwellings on primarily large lot acreage with some large animal keeping and agricultural uses still present. 4. The proposed use may be compatible with existing uses in the area. 5. The Comprehensive Plan designates this site as Urban. The Urban category is for the purpose of a "city-like" environment, including residential densities of 1 unit per acre to 17 units per acre. 6. The existing zoning does implement and conform to the Comprehensive Plan. 7. The Arterial Road Plan designates Flora Road as a Principal Arterial, with a recommended right of way width of 100 feet. 8. The existing zoning of the property described in the application is Urban Residential -3.5 (UR -3.5), previously established as Agriculture (A) zoning in 1957 and reclassified to Urban Residential -3.5 (UR -3.5) on January 1, 1991 pursuant to the 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 zone. 9. The provisions of RCW 43.21 C (The State Environmental Policy Act) have been complied with and a Determination of Nonsignificance was issued. The Committee, after independent review, hereby adopts the DNS. 10. The legal requirements for public notice have been fulfilled. ITEM 0 PAGE OF HEC Order for PE -1 3 -93 Page 2 11. The owners of adjacent lands expressed disapproval of the proposed use. The concerns addressed in their comments included: a. The negative effects the development would have on wildlife. b. The inadequacy of septic tanks and drainfields to protect the aquifer. c. The incompatibility of the development with existing land uses; many felt there would be conflicts with Large animal keeping and other rural activities. d. Unsafe and inadequate roads to serve the development. e. Dust and air pollution created by the development. f. Inadequate school facilities to serve additional students. g. Inadequate parks. h. Inadequate environmental review. i. Impaired views from adjacent lots. Many of the opponents requested that an Environmental Impact Statement (EIS) be prepared for the project. 12. 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. 13. 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. transit e. potable water f. sanitary waste disposal g. parks and recreation facilities h. playgrounds i. schools and schoolgrounds j. sidewalks The above improvements are either existing facilities or will be provided by the applicant upon finalization of this subdivision as conditioned by the Committee and implemented by the various County agencies. 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. ITEM PAGE_ HEC Order for PE-1 93 HEARING EXAMINER COMMITTEE 1. The concerns expressed by the opponents were adequately addressed at the public hearing or mitigated by recommended conditions of approval. Tfie recent Washington State_Board of Health decision doncerding the exeinption .:... -• boundary for' on-site sewerage systems in Spokane County was considered by the • :Hearing ExairiineFCommittee, and that until new regulations regarding on „site ,.;,:. sewage disposal are iriiplemented,The Hearing Examiner Committee must rely on current " regulation s”" ° 3. Voluntary agreements for parks and schools as conditioned are adequate to mitigate impacts from the development. SPOKANE COUNTY PLANNING DEPARTMENT 1. The proposal shall comply with the Urban Residential -3.5 (I.JR -3.5) and the Aquifer Sensitive Area (ASA) overlay zones as amended. 2. The Planning Director /designee shall review any proposed final plat to ensure compliance with these Findings and Conditions of Approval. 3. 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. 4. Appropriate road name(s) shall be indicated. 5. The preliminary plat is given conditional approval for three (3) years, specifically to July I, 1996 The applicant may request an extension of dme by submitting a written request approximately forty -five (45) days prior to the above expiration date. 6. 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. 7. The final plat map shall indicate by a clear, dashed line the required yard setbacks from all private, or public roads. Existing buildings shall meet current Code requirements for setbacks. 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." 8. Three (3) current certificates of title shall be furnished to the Planning Department prior to filing the final plat. 9. 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. ITEM PAGE Page 3 HEC Order for PE -1 .i -93 Page 4 10. 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. 11. 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. 12. 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." 13. 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. 14. The Water Plan and the above four (4) conditions of approval regarding the Water Plan may be waived by the Planning Director /designee upon receipt 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. 15. A survey is required prior to the filing of a final plat. 16. Prior to approval of road and drainage plans, you are required to coordinate with the United States Postal Service to determine type and location of central mall delivery facilities which may include applicable easements for developments of three or more homes. 17. If, in the course of site alteration connected with this proposal, prehistoric human remains or any archaeological artifacts which may indicate the presence of prehistoric human remains are discovered on the site, the applicant shall immediately stop the site alteration and accomplish (1) and/or (2) below, as appropriate. ITEM , PACE= I-1EC Order for PE -1 93 Page 5 (1) Apply for and receive a permit to proceed with site alteration from the State Historic Preservation Officer, in accord with the Indian Graves and Records Act (RCW 27.53). (2) Consult with and, if the site is designated by the City/County Historic Landmarks Commission, apply for and receive a "Certificate of Appropriateness" from that Commission, in accord with the City /County Historic Landmarks Ordinance (Spokane County Commissioner's Resolution No. 82 -0038) before resuming site alteration. 18. The Spokane County Planning Department shall prepare and record with the County Auditor a Title Notice specifying a future land acquisition area for road right -of -way and utilities. The reserved future acquisition area Title Notice shall be released, in full or in part, by the Planning Department. The notice should be recorded within the same time frame as an appeal and shall provide the following: a. At least 18 feet of reserved future acquisition area for road right -of -way and utilities, in addition to the existing and/or newly dedicated right -of -way along Flora Road. NO 1 E: The County Engineer has required two feet of new dedication. b. Future building and other setbacks required by the Spokane County Zoning Code shall be measured from the reserved future acquisition area. c. No required landscaping, parking, '208' areas, drainfield or allowed signs should be located within the future acquisition area for road right -of -way and utilities. If any of the above improvements are made within this area, they shall be relocated at the applicant's expense when roadway improvements are made. d. The future acquisition area, until acquired, shall be private property and may be used as allowed in the zone, except that any improvements (such as landscaping, parking, surface drainage, drainfield, signs or others) shall be considered interim uses. e. The property owner shall be responsible for relocating such "interim" improvements at the time Spokane County makes roadway improvements after acquiring said future acquisition area. 19. The Owner shall negotiate 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. I-IEC Order for PE -1 :93 Page 6 Voluntary agreements between the Owner and Spokane County Parks Department shall conform to the requirements of the Revised Code of Washington Chapter 82.02. 20. The Owner shall negotiate with the Central Valley School District No. 356 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 (58.17.205), that adequate provisions for school facilities must be niade 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. SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior To Issuance Of A Building Permit Or Use Of The Property As Proposed: 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 ITEM PAGE I -IEC Order for PE -1 .. .93 Page 7 certification, "as- built" plans and monumenting the street centerlines shall be filed with the County Engineer. 7. Appropriate provision shall be made that the following- described property be held in trust until the continuation of the streets be dedicated or deeded: a one (1) -foot strip at the ends or edges of all streets that terminate or border the subdivision boundary. (Temporary cul -de -sacs are required when streets terminate at the subdivision boundaries.) 8. Individual driveway access permits are required prior to issuance of a building permit for driveway approaches to the county road system. 9. Dedication of 5 feet of additional right -of -way along Baldwin Avenue is required. 10. Dedication of 2 feet of additional right -of -way along Flora Road is required. 11. A statement shall be placed in plat dedication that no direct access be allowed from lots to Flora Road. 12. Existing county roads providing direct access to the plat shall be paved and/or curbed to Spokane County standards. 13. All public roads within the plat shall be designed and constructed to Spokane County standards. 14. Sidewalks are required along the arterial(s) on Flora Road. 15. The word "applicant" shall include the owner or owners of the property, his heirs, assigns and successors. 16. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of all internal streets, which are to be constructed within the proposed development. This will require the installation of 36 feet of asphalt. The construction of curbing is also required. 17. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of Baldwin Avenue, which is adjacent to the proposed development. This will require the addition of approximately 10 to 12 feet of asphalt along the frontage of the development. The construction of curbing is also required. 18 The County Engineer has designated Typical Roadway Section Number 2, Minor Arterial standard for the improvement of Flora Road, which is adjacent to the proposed development. This will require the addition of approximately 12 -14 feet of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. 19. The proposed private road as shown on the preliminary plat serving six lots is approved by the County Engineer. 20. The private road shall be improved to Spokane County standard for a private road standard serving 6 lots, and are subject to approval under Section 10.207 of the Spokane County Fire Code. 1TEM # PAGE OF i HEC Order for PE -1 93 Page 8 21. All vested owners shall sign and record private road documents as prescribed by the Spokane County Engineer. These documents shall be reviewed and approved by the Spokane County Engineer prior to recording with the Spokane County Auditor. Recording numbers shall be referenced in the dedicatory Language of the plat. 22. The following statement shall be placed in the plat dedication: "WARNING: Spokane County has no responsibility to build, improve, maintain or otherwise service the private roads contained within or provide service to the property described in this plat. By accepting this plat or subsequently by allowing a building permit to be issued on property on a private road, Spokane County assumes no obligation for said private road, and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain or provide drainage or snow removal on a private road. This requirement is and shall run with the land and shall be.binding upon the owner(s), their heirs, successors or assigns, including the obligation to participate in the maintenance of the private road as provided herein." 23. 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. 24. 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. 25. The following statement shall be placed in the final plat dedication: "The private road as shown hereon is an easement which provides a means of ingress and egress for those lots within the subdivision having frontage thereon." 2 6. The County Arterial Road Plan identifies Flora Road as a Principal arterial. The existing right -of -way width of 60 feet is not consistent with that specified in the Plan. In order to implement the Arterial Road Plan, in addition to the required right -of -way dedication, a strip of property 18 feet in width along the Flora Road frontage shall be set aside inreserve. This property may be acquired by Spokane County at the time when arterial improvements are made to Flora Road. 27. 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. ITEM It- PACE • HEC Order for PE -1 93 SPOKANE COUNTY DIVISION OF UTILITIES ' 1. Pursuant to the Board of County Commissioners Resolution Nq. 80 - 0418, the use of on - site sewer disposal systems is hereby authorized. This'au'thoiizatioh is "conditioned on compliance with all rules and regulations of the Spokane County Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health District. 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. Each dwelling unit shall be double - plumbed for connection to future areawide 'collection systems. 5. A dry sewer connection to the future areawide sewerage system shall be constructed. Plans and specifications for the dry sewer connection shall be reviewed and approved by the Utilities Department. 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 lot of the plat. ITEM n PAGE ._ (lF Page 9 HEC Order for PE -1 -93 Page 10 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. 8. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane County Health District that a suitable sites for on -site sewage disposal systems are available on Lots. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane County Health District that the existing on -site sewage disposal system serving the residences on Lots 1 and 10, Block 1 are wholly located within the boundaries of the lot, or replace the on -site sewage systems so that they are entirely on the lot. 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 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 ." 14. 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 reproduction. 15. The purveyor will also certify prior to filing the final plat on a copy of said water plan that appropriate contractual arrangements have been made with the plat sponsor for construction of the water system, in accordance with the approved plan and time schedule. The time schedule will provide, in any case, for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the plat. The contractual arrangements will include a provision holding Spokane County /City of Spokane, Spokane County 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. ITEM # PAGE OF 'rte R ssaxAD , - str‘j-,rs - .46_144„_t "6.sp-4, v sierseprap._ _ r _ _ ...____ • c„. _ _ usL — n -S 4 1\ -7. _.\uv■ SEcjuQJ :_c;ivtuitz.na LAt _ • - „ ----- -• OFFICE OF THE COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON June 14, 1993 TO: Spokane County Planning Department (Current Planning Administrator) ��� FROM: Spokane County Engineers Department �A���� SUBJ: Subdivision Conditions, Name Florp_Meadows Number pE_1706.:93 re: Suhdiyisiong. The following "Conditions of Approval" for the above referenced subdivision are submitted to the Spokane County Hearing E,<aminer Committee for inclusion in the "Planning Report" and "Findings and Order" for the public hearing scheduled June 24, 1993. E 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" E 2 That plans, profiles and cross sections as designed to County standards showing proposed street centerline and curb grades be submitted to the County Engineer for approval prior to construction and/or the filing of a final plat; road plans to be prepared under the direction of a licensed Professional Civil Engineer. E 3 That drainage plans and design calculations showing the alignment of drainage facilities 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. E 5 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. E 6 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. E 7 All construction within the existing or proposed Public Right -of -Way is to be completed prior to filing the final plat or a bond in the amount estimated by the County Engineer to cover the cost of construction of improvements. construction certification, "As Built" plans and monumenting the street centerlines shall be filed with the County Engineer. Ell That appropriate provision be made that the following described property be held in trust until the continuation of the streets be dedicated or deeded: A 1 ft. strip at the ends or edges of all streets that terminate or border the plat boundary. (Temporary cul de sacs are required when streets terminate at the plat boundaries.) ) E12 The applicant should be advised that individual driveway access permits are required prior to issuance of a building permit for driveway approaches to the County road system. E13 Dedication of S feet of additional Right -of -Way along Baldwin Avenue. E13 Dedication of 2 feet of additional Right of Way along Flora Road. E14 A statement shall be placed in plat dedication that no direct access be allowed from lets to Flora Road. ElE Existing County roads providing direct access to the plat shall be paved and /or curbed to Spokane County standards. E17 That all public roads within the plat be designed and constructed to Spokane County standards. E18 Sidewalks are required along the arterial(s) on Flora Road. E19 The word "applicant" shall include the owner or owners of the property, his heirs, assigns and successors. page 2 E23 The County Engineer has designated Typical Roadway Section Number Two Local Access standard for the improvement of all internal streets which are to be constructed within the proposed development. This will require the installation of 36 ft. of asphalt. The construction of curbing is also required. E23 The County Engineer has designated Typical Roadway Section Number Two Local Access standard for the improvement of Baldwin Avenue which is adjacent to the proposed development. This will require the addition of approximately isd feet of asphalt along the frontage of the development. The construction of curbing is also required. page 3 E24 The County Engineer has designated Typical Roadway Section Number Two, Minor Arterial standard for the improvement of Flora Read which is adjacent to the proposed development. This will require the addition of approximately 1'x_14 ft. of asphalt along the frontage of the development. The construction of curbing and'sidewalk: is also required. E26 The proposed private road(s) as shown on the preliminary plat serving 6 lots with is approved by the County Engineer. E27 That private road(s) be improved to Spokane County standard for a private road Urban /Suburban standard serving 6 lots. Subject to approval under section 10.207 of the Spokane County Fire Code. E30 All vested owners shall sign and record private road documents as prescribed by the Spokane County Engineer. Those documents shall he reviewed and approved by the Spokane. County Engineer prior to recording with the Spokane County Auditor. Recording numbers shall be referenced in the dedicatory language of the plat. E31 That the following statement be placed in the plat dedication: WARNING: Spokane County has no responsibility to build, improve, maintain or other wise service the private roads contained within or providing service to the property described in this plat. By accepting this plat or subsequently by allowing a building permit to be issued on property on a private road, Spokane County assumes no obligation for said private road and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve,. maintain, provide drainage or snow removal on a private road. This requirement is and shall run with the land and shall be binding upon the owner, their heirs, successors or assigns including the obligation to participate in the maintenance of the private road as provided herein. E32 The proposed plat shall be improved to the standards set forth in Spokane County Board of Commissioners Resolution No. 80- 1552, as amended, which establishes regulations for roads, approaches, drainage and fees in new construction. E35 That the fallowing statement must be placed in the plat dedication: "The private road as shown hereon is an easement which provides a means of ingress and egress for those lots within the plat having frontage thereon." page 4 E33 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. EE1 The County Arterial Road Plan identifies Flora Road as a Principal arterial. The existing right-of-way width of GO feet is not consistent with that specified in the Plan. In order to implement the Arterial Road Plan, in addition to the required right -of -way dedication, a strip of property i8 feet in width along the C_lora_Road frontage shall he set aside in reserve. This property may be acquired by Spokane County at the time arterial improvements are made to Flora Road. E90 The applicant should be advised that there may exist utilities either underground or overhead affecting the applicants property, including property to be dedicated or set aside for future acquisition. Spokane County will assume no financial obligation for adjustments or relocation regarding these utilities. The applicant should check with the applicable utilities and Spokane County Engineer to determine whether the applicant or utility is responsible for adjustment or relocation costs and to make arrangements for any necessary work. OFFICE OF THE COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON FROM Spokane County Engineers Department Qo SUBJ: Subdivision Conditions, Name Flora Meadows Number Unassigned March 30, 1993 TO: Spokane County Planning Department (Current Planning Administrator) re: Subdivisions The following "Conditions of Approval" for the above referenced subdivision are submitted to the Spokane County Planning Department for inclusion in the Design Review Meeting scheduled March 31, 1993. E 1 The conditional approval of the plat is given by the County Engineer subject two dedication of right -of -way and approval of the road system as indicated in the preliminary plat of record. E 2 That plans, profiles and crass sections as designed to County standards showing proposed street centerline and curb grades he submitted to the County Engineer for approval prior to construction and /or the filing of a final plat; road plans to be prepared under the direction of a licensed Professional Civil Engineer. E 3 That drainage plans and design calculations showing the alignment of drainage facilities 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. E 5 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. E 6 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. E 7 All construction within the existing or proposed Public Right -of -Way is to be completed prior to filing the final plat or a bond in the amount estimated by the County Engineer to cover the cast of construction of improvements. construction certification, As Built" plans and monumenting the street centerlines shall be filed with the County Engineer. Eli That appropriate provision be made that the following described property be held in trust until the continuation of the streets be dedicated or deeded: A 1 ft. strip at the ends or edges of all streets that terminate or border the plat boundary. (Temporary cul de sacs are required when streets terminate at the plat boundaries.) Elm The applicant should be advised that individual driveway access permits are required prior to issuance of a building permit for driveway approaches to the County road system. E13 Dedication of 5 feet of additional Right -of -Way along Baldwin Avenue. E13 Dedication of 2 feet of additional Right of Way along Flora Road. E14 A statement shall be placed in plat dedication that no direct access be allowed from lots to Flora Road. E16 Existing County roads providing direct access to the plat shall be paved and /or curbed to Spokane County standards. E17 That all public roads within the plat be designed and constructed to Spokane County standards. E18 Sidewalks are required along the arterial(s) on Flora Road. E19 The word "applicant" shall include the owner or owners of the property, his heirs, assigns and successors. page E23 The County Engineer has designated Typical Roadway Section Number Two Access standard for the improvement of all internal streets which are to be constructed within the proposed development. This will require the installation of 36 ft. of asphalt. The construction of curbing is also required. E23 The County Engineer has designated Typical Roadway Section Number Two Local Access standard for the improvement of Baldwin Avenue which is adjacent to the proposed development" This will require the addition of approximately 10-12 feet of asphalt along the frontage of the development. The construction of curbing is also required. E24 The County Engineer has designated Typical Roadway Section Number Two Minor Arterial standard for the improvement of Flora Road which is adjacent to the proposed development. This will require the addition of approximately 12-14 ft^ of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. E26 The proposed private road(s) as shown on the preliminary plat serving 6 lots '54 is NOT approved by the County Engineer. E27 That private road(s) be improved to Spokane County standard for a private road Urban/Suburban standard serving 6 lots. Subject to approval under section 10.207 of the Spokane County Fire Code. E30 All vested owners shall sign and record private road documents as prescribed by the Spokane County Engineer. These documents shall be reviewed and approved by the Spokane County Engineer prior to recording with the Spokane County Auditor. Recording numbers shall be referenced in the dedicatory language of the plat" E31 That the following statement be placed in the plat dedication: WARNING: Spokane County has no responsibility to build, improve, maintain or other wise service the private roads contained within or providing service to the property described in this plat. By accepting this plat or subsequently by allowing a building permit to be issued on property on a private road, Spokane County assumes no page 3 � E32 The proposed plat shall be improved to the standards set forth in Spokane County Board of Commissioners Resolution No. 80-1532, as amended, which establishes regulations for roads, approaches, drainage and fees in new construction. page 4 obligation for said private road and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain, provide drainage or snow removal on a private road. This requirement is and shall run with the land and shall be binding upon the owner, their heirs, successors or assigns including the obligation to participate in the maintenance of the private road as provided herein. E33 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. E35 That the following statement must be placed in the plat dedication: "The private road as shown hereon is an easement which provides a means of ingress and egress for those lots within the plat having frontage thereon." E61 The County Arterial Road Plan identifies Flora Road as a principal arterial. The existing right-of-way width of 60 feet is not consistent with that specified in the Plan. In order to implement the Arterial Road Plan, in addition to the required right-of-way dedication, a strip of property 18 feet in width along the Flora_Road frontage shall be set aside in reserve. This property may be acquired by Spokane County at the time arterial improvements are made to Flora Road E90 The applicant should be advised that there may exist utilities either underground or overhead affecting the applicants property, including property to be dedicated or set aside for future acquisition" Spokane County will assume no financial obligation for adjustments or relocation regarding these utilities. The applicant should check with the applicable utilities and Spokane County Engineer to determine whether the applicant or utility is responsible for adjustment or relocation costs and to make arrangements for any necessary work. Special Conditions: The private lane as proposed does not meet minimum separation requirements for intersections along a minor arterial. The existing Indiana Avenue and proposed private lane are less than 150 feet apart which provides for a higher accident potential for the traveling public on Flora Road. Prior to application acceptance the design location of the private road shall be altered" page 5 1/ MMMMMMMMMMMMMr4MMMMMMMMMMMMMMMMMM4Report ViewerCMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMB 3PAGE 1 13:42:56 03 AUG 1993 3Rc gad# From_MP To NP. Road Name Jur FFC FedRt PT PW Ln ADT. . 301344 .000 .090 FLORA RD 5 19 I 30 04 00200 3 301344 .090 .230 FLORA RD 5 19 I 40 02 00600 3013 44 301344 30134 301344 301344 301344 301344 301344 301344 301345 301345 301420 . 230 .340 FLORA RD . 340 .840 FLORA RD . 840 .920 FLORA RD . 920 .930 FLORA RD . 930 .950 FLORA RD . 950 .960 FLORA RD . 960 1.040 FLORA RD 1.040 1.480 FLORA RD 1.480 1.750 FLORA RD . 000 1.140 FLORA RD 1.140 1.400 FLORA RD . 000 1.130 FLORA PIT RD 5 19 I 40 02 01244 3 16 4111 F 22 02 01250 16 4111 F 22 02 01034 3 16 4111 F 26 02 01000 16 4111 J 26 02 01000 3 16 4111 F 26 02 01000 16 4111 F 22 02 01000 16 4111 I 20 02 01000 16 4111 I 20 02 01041 3 16 4111 I 20 02 00500 16 4111 1 20 02 00600 3 19 F 20 02 00200 314 Records Processed J TMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM> 3List 3 3Use Direction Keys to View Report (Press [F17 for help) 3 CV0 1)0FORD1UI)00A00005DDDDDPDVDI DVDDO0DDDIDPPP01) 500 05501 )I)PDDD000DDDDI)1)00005550004 3Esc--Exit Enter - -Next Pane 3 3 ieeeeeeeeeeeedeedeeeeeeeeeeeeeeee9Report Viewerueeeeeeeeeeeeeeeeeeeeeedeeeetddei °PAGE 1 14:09:19 22 MAR 1993 ° °Road# Road Names MPost. Reference Descriptio Road Log Info °01420 FLORA PIT RD 00.000 SULLIVAN RD U 19 LIGHT BITUM. 20° °01344 FLORA RD 00.000 BMP of road U 19 PAVED 30 O 00.030 5TH AV U 19 PAVED 30° 00.080 4TH AV U 19 PAVED 30 00.150 3RD AV U 19 PAVED 40° 00.330 SPRAGUE AV U 19 PAVED 40 00.460 MAIN AV U 16 LIGHT BITUM. 22° 00.580 VALLEYWAY AV U 16 LIGHT BITUM. 22 O 00.730 ALKI AV U 16 LIGHT BITUM. 22° O 00.830 BROADWAY AV , U 16 LIGHT BITUM. 22 O 01.040 CATALDO AV U 16 PAVED 20° o 01.100 BOONE AV U 16 PAVED 20 01.340 MISSION AV U 16 PAVED 20° 01.530 BALDWIN AV U 16 PAVED 20 o 01.590 INDIANA AV ! U 16 PAVED 20° O 01.740 MONTGOMERY AV U 16 PAVED 20 °01345 FLORA RD 00.000 BMP of road U 16 PAVED 20° O 00.240 EUCLID AV U 16 PAVED 20 ............................................................................................. ............................ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeef °List ° °Use Direction Keys to View Report (Press [F1] for help) 0 QaaaaaaeaaadAde aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa &C °Esc -Exit Enter -Next Page i ° ieddeddeddedededededdeddeeeeddedeCReport Viewer ddedd ""wide "wide" "wide wide"" ' eeeeeeeeeeeeeeeeeeeeeeeeeeeeee uei °PAGE 1 14:10:45 22 MAR 1993 ° °Road# Road Names MPost. Reference Descriptio Road Log Info °00210 BALDWIN AV 00.000 FANCHER RD U 19 LIGHT BITUM. 20° O 00.120 DICKEY ST U 19 LIGHT BITUM. 20 °00211 BALDWIN AV 00.000 PARK RD U 19 PAVED 40° O 00.130 CENTER RD U 19 PAVED 40 °00212 BALDWIN AV 00.000 FLORA RD U 19 LIGHT BITUM. 16° O 00.240 TSCHIRLEY RD U 19 LIGHT BITUM. 16 °00393 BALDWIN AV 00.000 BMP of road U 19 PAVED 36° O 00.060 ELLA RD U 19 PAVED 36 °00394 BALDWIN AV 00.000 BMP of road U 19 PAVED 36° O 00.060 VISTA RD : U 19 PAVED 36 °00406 BALDWIN AV 00.000 WOODRUFF RD : U 19 GRAVEL 24° °00474 BALDWIN AV 00.000 BMP of road . U 19 PAVED 36 O 00.090 MCKEE RD % CT U 19 PAVED 36° O 00.180 BARKER RD - U 19 PAVED 36 °00484 BALDWIN AV 00.000 GLENBROOK RD' R 09 PAVED 36° 0 06525 BALDWIN AVENUE 00.000 BMP of road ' 0 °9 Records Processed ............................................................................................................................ ............................... eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeef °List ° °Use Direction Keys to View Report (Press [F1] for help) 0 uaaaaaaeaaaaaaeaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaadaddaaaaaaaag °Esc -Exit Enter -Next Page ° • | UMMMMM@MMMMMMMMIMMMMMMMMMMMMMMMM4Report ViewerCIIMMMMMMMMMMMMMMMIMMMMMMMNMMMMMM8 3PAGE 1 . 12:41:10 24 JUN 1993 3 3Rcad# Road Names MPost. Reference Descriptio Road Log Info.......... 00"000 SULLIVAN RD | U 19 LIGHT BITUM" 203 00.000 BMP of road 1 U 19 PAVED 30 301420 FLORA PIT RD 301344 FLORA RD 301345 FLORA RD 00.030 5TH AV 00.080 4TH AV 00.150 3RD AV 00.330 SPRAGUE AV 00.460 MAIN AV 00"580 VALLEYWAY AV 00.730 ALKI AV | 00.830 BROADWAY AV | 01^040 CATALDO AV 01.100 BOONE AV 01.340 MISSION AV 01.530 BALDWIN AV 01.590 INDIANA AV 01.740 MONTGOMERY AV I 00.000 BMP of road U 19 PAVED U 19 PAVED U 19 PAVED U 19 PAVED U 16 LIGHT BITUM. U 16 LIGHT BITUM. U 16 LIGHT BITUM" U 16 LIGHT BITUM. U 16 PAVED U 16 PAVED U 16 PAVED U 16 PAVED U 16 PAVED U 16 PAVED U 16 PAVED 303 30 403 40 223 22 223 22 203 20 203 20 203 20 203 3 00.240 EUCLID AV | U 16 PAVED 20 7MMMMMMMMMMMMMMMMMMMMMMOMPIMMMMMMMMMMMIIMMIIMMMNMMMMMMMMMMMMMMMMMMMWIMMMMWIMPOIMMM> 3List 3 3Use Direction Keys to View Report I (Press [F1] for help) CDDDDDDADDDDDDADDDWDDDDDDDDDDDDDDDDDDDDDDDDDDDD NDDDDDDDDDDDDDDDDDDDDDDDDDDDDD4 3Esc-Exit Enter-Next Page . 3 I 3 UMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM4Report ViewerCMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMS SPAGF 1 12:40:04 24 JIJN 1993 SRoad# From MP To_MP. Road Name ................. Jur FFC FedRt PT PW Ln ADT.. 301344 .000 .090 90 FLORA RD 5 19 I 30 04 00200 301344 .090 .230 FLORA RD 5 19 I 40 02 00600 301344 301344 301344 301344 301344 301344 301344 301344 301344 301345 301345 301420 2 . 230 .340 FLORA RD . 340 .840 FLORA RD . 840 .920 FLORA RD . 920 .930 FLORA RD . 930 .950 FLORA RD . 950 .960 FLORA RD . 960 1.040 FLORA RD 1.040 1.480 FLORA RD 1.480 1.750 FLORA RD . 000 1.140 FLORA RD 1.140 1.400 FLORA RD . 000 1.130 FLORA PIT RD 5 19 I 40 02 01244 3 5 16 4111 F 22 02 01250 5 16 4111 F 22 02 01034 ., 5 16 4111 F 26 02 01000 5 16 4111 J 26 02 01000 5 16 4111 F 26 02 01 000 5 16 4111 F 22 02 01000 S 5 16 4111 I 20 02 01000 5 16 4111 I 20 02 01041 3 5 16 4111 I 20 02 00500 5 16 4111 I 20 02 00600 3 5 19 F 20 02 00200 314 Records Processed J J 9 T /4/4(4(4(21(21(21/4(4(4/4/4/4(4(4 /4 (4/4(4(291/4/4(4(4/4(4(4(4(4(4(4/4(4(4(4(4(21(4(4(4(4(4(4(4(4 P1b (4(4(4(4(4(4(4(4(4(4(4(4(4(4(4(4(4(4(4(4(4/4(21(4(21/4(4 (21/4(4> SList 3 3Use Direction Keys to View Report (Press CF1] for help) 3 CZ7000 00/11)0012 00ii 121201212012121212012121201)12120121212121)01200 12000000000012 P1201) 1)12001)1)1)000001)121)0000124 3Esc -Exit Enter -Next Page 3 UMMMMMMMMMMMMMMMMM .MMMMMMMMMMMMMMM4Report ViewerCMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM8 3PAGE 1 12:43 :01 24 JUN 1993 3 3Road# Road Names MPost. Reference Descriptio Road Log Info 300210 BALDWIN AV 00.000 FANCHER RD U 19 LIGHT BITUIM J 00.120 DICKEY ST U 19 LIGHT BITUM 300211 BALDWIN AV 30021 :2 BALDWIN AV J 300393 BALDWIN AV J 300394 BALDWIN AV 3OO4OG BALDWIN AV 300474 BALDWIN AV 300484 BALDWIN AV 00.000 PARK: RD 00.130 CENTER RD 00.000 FLORA RD 00,240 TSCHIRLEY RD 00.000 BMP of road 00.060 ELLA RD 00.000 BMP of read 00,060 VISTA RD 00.000 WOODRUFF RD 00.000 BMP of road 00.090 MCKEE RD % CT 00.180 BARKER RD 00. 000 GLENBROOK RD U 19 PAVED U 19 PAVED U 19 LIGHT BITUM. U 19 LIGHT BITUM. U 19 PAVED U 19 PAVED U 19 PAVED U 19 PAVED U 19 GRAVEL U 19 PAVED U 19 PAVED U 19.PAVED R 09 PAVED 'U3 20 403 40 163 16 36 36 `I'63 36 243 36 t,, 36 363 306525 BALDWIN AVENUE 00,000 BMP of road 39 Records Processed TMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM 3List 3 3Use Direction Keys to View Report (Press CFll for help) 3 CDDDD0DADDPI 7DPNDDPDDPDDDPDPDPDD000DDI) DPI) DDDDDDDDDDDDDDDPPPI )PDD0DD1)UI)2DDPPPI)DDPD4 3Esc- Exit Enter -Next Page 3 FROM :OMNIFAX ,( A TO: *`* FAX TRANSM /TTAL ** NAME; l�t�hifl�- COMPANY: DEPARTMENT: FAX NUMBER: FROM: 7 NAME: PHONE: ,466 TOTAL PAGES INCLUDING THIS COVER: DESCRIPTION OF MATERIAL: TO :SPOKANE COUNTY PLANNING JUN 24, 1993 4 :20PM P.01 DELIVERY INSTRUCTIONS: in HIGH PRIORITY - DELIVER IMMEDIATELY ED PLEASE CONFIRM RECEIPT BY 0 PHONE 0 FAX PLEASE RESPOND AT YOUR CONVIENCE COMMENTS: SPOKANE COUNTY COMMISSIONERS" OFFICE W. 1116 BROADWAY SPOKANE, WA. 99260-0100 PHONE (509) 456 -2265 'FAX: (509) 456 -2274 DATE: , ,6 lk FROM :OMNIFAX TO :SPOKANE COUNTY PLANNING JUN 24, 1993 4 :20PM P.02 Name: (a)(,t M) R :1/4 XJ r LE Address: 2.IU& li .4�TYt 40 Home Phone: qcmg -3 Date of Bearing Examiner Committee Action: Signature: Signature of Authorized Representative: Address: YOUR REASONS FOR APPEAL J .r Hearing Date:. - - --- TO THE BOARD OF COUNTY COMMISSIONERS V4 Appeal Fee - Today's Date 6 Code: qQL 1( Business Phone: q a q - Ma) Hearing Examiner Committee Action Being Appealed T i t l e : _t ) " ezvo .ct,U- Preliminary Subdivision Number: PE — I`7 6 /0 ' 3 Zone Reclassification Number: j( - 3 5 93 /.(Dill e&to Gast ' .-c 1 OFFICE USE ONLY Copies to: Planning _ Engineers -�c "y Environmental Heal th, �L/ Fee Received: Check Cash �Q Receipt Number 734- it FROM :OMNIFRX rLect,,,Al l.•'}'uf,- )'LU.) n /aca:c. eoc iTUd 1 i�( l'u1^r Lt CCf 611 .21 w V OE4V j wyca -3 TO:SPOKANE COUNTY PLANNING JUN 24. 1993 4 :21PM P.03 e7/4.4' z- " /v, :/o,424 Ot /7.2) %6' /'q (. 'i -ri !1 i4.3 tCQ ;IkaALgte4-A)-Nal 1 - As) Ca•ml 1 1 _ ! stitk agy&LED inkt3t-ay. (. --nt-c3vOtk _,2 to i-L•3 • etinicat_ t; nip-eky- PsS etit96"-3-- R _____(u-wL9-eut _6u _ A ser?,- , t — DCkL4E9P P aLQ - _ ,Ceeteg-An•-■_. 0`!\ . alerkAn .0>AAtQlet CsJZr6A-1 _ o f2;:cimAi . ir; 09re. - e rn--6-cZ � .P1AL, ?ARK , •1 ION 8102 pp(' cfaff Qpnnrt fnr pF- 17n5, -9 PE- 1706 -93 K. H I, DALTON AVE !: 6:06II sr ec ec pOON E Gypsum c op Il f73 . 174 175 176 in '78 179 WO 18' Ia; INTER -STATE HI GHWAY • Boo NE M C O 90 Pane 62 CD ED Cal CA3 Indiana Ave. • • 0 'EMT. FRC NTI3. 20 T77. r R BE H RELOCATED a 13 e 5111 SCrtK T. 1 - 1 96 ' NCUSE KAO I 207 ELIA, 0 N 0 50 2 12 66 562' i 11 2 5U 99 0 B T. 25 N., R 95 E. SEC. 7 0]' 07 07 3 4 VICINITY MAP 1t07 • n � C [77 i v_ STPTK— ttt fr_E � LLL J.n IU., " r r num. � eITC I O c K 062 AB el4.OM66 /LL BC KuO+ED 06.E PH A3 2 06 2100' PH,.AE 1 lr GARAGE H0257 h 10 10 TO BC RETLA CD 6C 00' e eldwln .41 Ave. 9 01 05 5,— 14 17 U 66 2' 207 TTP e 21 . to 1 7 981 0 e 16 10 Se 19 20 97 7 7,7 1 96 LEGAL DEOCRIPTIOM L16s LAND I5 SITUATED N 74 STATE Of tiYCNGTd1, CGL,IT5 OF SPOI. 471E, AND t5 DESCRIBED AS FOLLO•S• THE SOUTH 250 FEET OF TRACT 15 Of PLAT ' LNLEN4CNES 1RRIG T10N DISTRICT, AS PER PLAT THEREOF RECORDED n YOLWE - t OF PUT, PALE 31, • •OaTION N0, ■ THE NORTH 70 FEET P` 71• SOUTH 320 FEET OF TRACT 15 •DDITION N0. 2• THE NORTH 315 FEET OF THE SOUTH 635 FEET OF TRACT 15 _LOT 1, ELK. 2 rT R PLAT DATA AREA 9 ACRES NO OF LOTS 30 OR 31 TYP LOT SIZE 10,000 5 F. TYP. LOT FRONTAGE 60 L.F. DENSITY 3,44 /47RE COMPREHENSIVE PLAN URBAN CONING UR 3.5 WATER SUPPLY CONSOLIDATED %AT ER DISTRICT 51'nA0I- DISPOSAL INDIVIDUAL SEPT IC TANN SYSTEM PUBLIC 911EN AVALABLE CONSULTANT TAGGART ENGINEERING C SURVEYING N 2120 PINES RD, SUITE 17 -15 SPOKANE, 599706 APPLICANT CHO, INC. P 0 BOX 13717 SPOKANE, 599213 FLORA MEADOWS PRELIMINARY SUBDIVISION PLAT 31 LOT DEVELOPMENT FOR WE5 CROSBY, PRESIDENT C 1711 , INC r 1i TAOOART.I,f A5b ,jQN 0 I EE RING S OUP VEVINO F1BJ993 T.2571., 0.467., 310.7 C 930214 I OE TO: SPOKANE COUNTY HEARING EXAMINER COMMITTEE FROM: CURRENT PLANNING SECTION DATE: JUNE 24, 1993 SUBJECT: PE- 1706 -93; PRELIMINARY PLAT OF FLORA MEADOWS WITH EXISTING URBAN RESIDENTIAL - 3.5 (UR -3.5) ZONING. I. GENERAL INFORMATION Applicant: Surveyor: II. SITE INFORMATION PLANNING DEPARTMENT REPORT Wes Crosby P.O. Box 13717 Spokane, WA 99213 926 -5229 Mel Taggart N. 2128 Pines Road, Suite 17 -15 Spokane, WA 99206 924 -9993 Contact Planner: Steve Davenport Location: Generally located on the northeast corner of Flora Road and Baldwin Avenue in the SW 1/4 of Section 7, Township 25 N., Range 45 EWM, Spokane County, Washington. Proposal: Preliminary plat to divide approximately 9.3 acres into 31 lots for single family residences and those uses allowed in the UR -3.5 zone. A. Site Size: Approximately 9.3 acres Gross Density: 3.33 units per acre B . Comprehensive Plan 1 . Land Use Plan: The property is located within the Urban category of the Comprehensive Plan. The Urban category is intended to provide the opportunity for development of a "city- like" environment which includes various land uses. Intensive residential development, public facilities and public services are typical of this category. Residential densities in the Urban category range from 1 unit per acre to 17 units per acre. 6/93 HEC Staff Report for PE- 1706 -93 Page 64 When reviewing new developments, the Comprehensive Plan states: Goal 1.1 "Encourage a variety of housing types and densities." Objective 1.1a Promotes fill -in within established development areas having adequate power supplies. water, sanitary sewers, streets..." The preliminary plat is consistent with the Goals and Objectives and the overall gross density of 3.3 units per acre is consistent with Comprehensive Plan guidelines. The Hearing Examiner Committee should determine if the proposal is considered a fill -in development. 2 . Arterial Road Plan: The proposal is adjacent to Nora Road and Baldwin Avenue. Flora Road is designated as a Principal Arterial by the County Arterial Road Plan with a future 100 foot right -of -way width. In order to implement the Arterial Road Plan the County Engineer requires dedication of 2 feet and an additional 18 feet along Flora Road to be set aside as future acquisition area. The Planning Department recommends a 35 foot setback from the future acquisition area on Flora Road. Baldwin Avenue is designated on the Arterial Road Plan as a local access street and requires the dedication of 5 feet of additional right -of -way. 3 . County Parks Plan: The site is within one mile of Sullivan Park which is located north of the Spokane River and adjacent to Sullivan Road, west of the site. The park offers picnic facilities, playground equipment, and a radio controlled car racetrack. Liberty Lake Regional Park is located approximately five miles to the southeast and offers camping, swimming, and hiking. The Centennial Trail, which is owned and maintained by the Washington State Parks Department, is located to the north along the south bank of the Spokane River. The nearest trailhead is located near the proposal at the intersection of Flora Road and the Spokane River. The Spokane County Parks Plan indicates existing park facilities within the East Valley Suburban area are inadequate and proposes acquisition of five additional park sites for this planning area. In letters to the Planning Department dated May 7, 1993 and June 15, 1993 the Parks Department indicated that they are currently in the process of drafting an ordinance for a per lot park mitigation fee and that in the interim, project applicants may reach a voluntary mitigation agreement pursuant to the Revised Code of Washington (RCW) 82.02 and RCW 58.17.205. The mitigation conditions requested by the Park Department are included in the Planning Department's recommended conditions of approval. C . Site Characteristics: The site is generally flat with some moderate slopes. There are two single family homes with accessory structures located on the site and numerous agricultural buildings. The site has previously been used for agricultural purposes. 6/93 HEC Staff Report for PE- 1706 -93 Page 65 D . Neighborhood Characteristics: The neighborhood consists of single family dwellings on some but mainly and large lot acreage with some nonconforming large animal keeping and agricultural uses still present. The Spokane River is located north of the site with the Centennial Trail along its south bank. E. Zoning Analysis: Proposal: Urban Residential -3.5, within the Aquifer Sensitive Area (ASA) overlay zone. North: Urban Residential -3.5 (UR -3.5), established on January 1, 1991. South: Fast: Urban Residential -3.5 (UR -3.5), established on January 1, 1991. Urban Residential -3.5 (UR -3.5), established on January 1, 1991. West: Light Industrial (1 -2), established on January 1, 1991. Prior to the county wide zoning redesignation on January 1, 1991, the site and surrounding area was zoned Agricultural (A) (LE- 286 -57, ZE- 225 -57). Baldwin Acres (PE- 1280 -79), platted in 1979, is approximately 500 feet southeast of the proposal and consists of three one acre lots. Baldwin Acres, originally zoned Single Family Residential 1 (R -1), was redesignated to Urban-3.5 (UR -3.5) on January 1, 1991. Short Plat 84 -336 is approximately 600 feet north of the proposal and consists of two 3/4 acre lots adjacent to the Spokane River. • Presently, Flora Road provides the boundary between Light Industrial (I -2) zoning to the west and Urban Residential -3.5 (UR -3.5) zoning to the east. F. Land Use Analysis: Site: Two single family residences with accessory structures, including a dog kennel. The site has been cultivated to produce hay. North: Single family residences on small and large acreage lots with • accessory structures. South: Single family residences on small and large acreage lots with accessory structures and animal keeping. East Cultivated farm fields and single family residences on large acreage lots. West: Single family residences on small and large acreage lots with accessory structures. The site includes two single family residences with numerous accessory structures, some of which may have been used agricultural production. The surrounding land uses are single family homes on generally large acreage lots. Some nonconforming large animal keeping and agricultural activities are present. The Centennial Trail is located north of the site running east and west along the south bank of the Spokane River. Industrial uses are located north of the River and include some gravel mining operations. 6/93 HEC Staff Report for PE- 1706 -93 Page 66 The preliminary plat, if approved, would be the first urban type development in the general vicinity. The urban character and density of the proposal is inconsistent with the existing land uses and densities of adjacent property and potential conflicts, could occur. G . Circulation: Access to all proposed lots is by existing and newly dedicated county roads, and by a private road. Access for Phase one, JO lots, of the proposal will be provided by a private road at the intersection of Indiana Avenue and Flora Road and by direct access to Baldwin Avenue. Phase two, 21 lots, will include two new public roads providing north -south and east -west access for the interior lots. Direct access from lots to Flora Road is prohibited. H . Design: The design illustrates standard residential lots ranging from 10,000 to 13,000 square feet. Most of the proposed lots are near the minimum allowed size for the Urban Residential 3.5 (UR -3.5) zone of 10,000 square feet. The minimum frontage in the UR -3.5 zone is 80 feet and lot frontages in this proposal range from predominantly 80 feet to as large as 105 feet. Existing accessory buildings located on the site are to be removed as indicated on the preliminary plat. If any accessory buildings are retained, adjustment of lot line locations may be required to allow for minimum side and rear yard setbacks. The shop located on Lot 4 will remain as a nonconforming use until a house is built on the lot bringing it into conformance. The interior use of this structure must comply with the Urban Residential -3.5 (UR -3.5) zone. Any nonconforming rights for large animal keeping that may exist for this property expire upon finalization of this plat. The preliminary plat design meets the Urban Residential -3.5 zone minimum standards for lot sizes, frontages, and setbacks, except for the existing residence on Lot 1 which is nonconforming to the proposed setback on Flora Road. I. ,Density: The gross density of 3.33 units per acre is consistent with the Urban category of the Comprehensive Plan. The proposed density is inconsistent with the density of surrounding land uses. Drainage: A drainage plan is required. This plan must be reviewed and approved by the County Engineers Department prior to finalizing the preliminary plat. K . Water Supply: The proposal is within Consolidated Irrigation District It 19. An approved water plan will be required prior to finalizing the preliminary plat. L . Sewage Disposal: Individual on -site septic systems will be utilized for sewage disposal. The County Utilities Department has recommended conditions for double plumbing for connection to the future county wide sanitary sewer system. M. School: The proposal is in the Central Valley School District No. 356. The Central Valley School District has submitted a letter indicating that schools are currently overcrowded. The District suggests that the plat should not be approved unless a condition is added that the developer and the District agree to voluntary fees or other means of mitigation. This project has been conditioned to provide adequate voluntary agreements for schools. J. 6/93 HEC Staff Report for PE- 1706 -93 Page 67 N . Fire Protection: The proposal is within Fire District No. 1. The Fire District and the Division of Buildings (Fire Marshall) are required to approve fire protection provisions prior to finalizing the preliminary plat. O. Cultural Resources: The project is within an area designated as archaeologically sensitive on Spokane County's Cultural Resources Map. The project has been conditioned to inform the applicant and future owners of proper procedure should human remains or archaeological artifacts be encountered on the site. P. Special Information: 1. A recent planning action near the proposal was the Preliminary Plat of Irish Estates (PE- 1674 -92). Irish Estates is located approximately 1/2 mile to the northeast and proposed 21 lots on 6.5 acres creating a density similar to Flora Meadows. In September of 1992, upon the recommendation of the Planning Department, the Hearing Examiner Committee (HEC) approved the Preliminary Plat of Irish Estates, and their decision was appealed to the Board of County Commissioners (BOCC). The BOCC overturned the HEC decision, approving the appeal and therefore denying the proposal. In general, the BOCC found that the proposal was not consistent with the Urban category of the Comprehensive plan, did not make adequate provisions in regard to sanitary waste disposal and schools, and was incompatible with existing land uses. The BOCC decision has been appealed to superior court. 2. Exemption from Chapter 246 - 272 -100 WAC, Sewerage Requirements. In 1983 WAC 246 -272 established minimum lot sizes to be served by on -site sewerage systems. In 1984 Spokane County requested an exemption from the above regulations for an area in which public sewers were projected within a ten year time frame. The exemption applied to that area defined by the Priority Sewer Service Area (PSSA) boundary, which was established by the Comprehensive Wastewater Management Plan. The exemption allows for more dense development than allowed under WAC - 246 -272. The State Board of Health initially granted a one year exemption to the regulations in 1984. This was followed by a five year exemption in 1985, and another fiveyear exemption in 1990, making the exemption effective until 1995. In November of 1992 the State Board of Health requested that the exemption boundary be re- evaluated. After subsequent studies by the Health District and the State Department of Health, a plan which would substantially reduce the exemption boundary was presented at a State Board of Health meeting in Spokane on June 9, 1993. The board of Health adopted the plan with implementation planned for January 1, 1994. The reduction of the exemption boundary will have significant impacts on the timing of future land use and development patterns within the general area of this proposal. The Preliminary Plat and adjacent properties will be outside the exemption boundary and will have more restrictive density requirements after implementation of the Plan. Urban density development 6/93 HEC Staff Report for PE- 1706 -93 Page 68 will not be permitted until it is determined that sewers will be available - within the near future. III. ENVIRONMENTAL REVIEW: An Environmental Checklist was submitted by the sponsor and was reviewed by the County Planning Department. The review considered the specifics of the proposal, other available information, County ordinances, other regulations and laws, possible standard Conditions of Approval, the Generalized Comprehensive Plan, and other County policies and guidelines. The Planning Department has determined that "No probable significant adverse impacts" would result from the proposal being developed and has issued a Determination of Nonsienificance ( "DNS "). The "DNS" was circulated to 12 other agencies of jurisdiction and other agencies/departments affected by the future development for review and comment. The "DNS" comment period ends June 22, 1993 and was advertised 15 calendar days before said date in the newspaper, by letter to adjacent property owners within 400 feet of the proposal, and by notice on a sign posted on the proposal site. The Hearing Examiner may consider additional environmental related testimony at the public hearing. IV. PLANNING DEPARTMENT SUMMARY AND RECOMMENDATION The preliminary plat conforms to County Subdivision and Zoning Codes and complies with Comprehensive Plan density guidelines. Planning Department concerns for this proposal include the adequacy of schools, parks, and on -site sewerage, as well as compatibility with adjacent land uses. Conditions to mitigate the impacts of this proposal have been recommended by county agencies and departments and are attached as recommended conditions of approval. Recent decisions by the Board of County Commissioners have denied non - fill -in developments and have considered the availability of public sewers. V. CONDITIONS OF APPROVAL i . All conditions imposed by the Hearing Examiner Committee shall be binding on the "Applicant ", which terms shall include the owner or owners of the property, heirs, assigns and successors. ii. The conditions of approval apply to the preliminary subdivision of record. SPOKANE COUNTY PLANNING DEPARTMENT 1. The proposal shall comply with the Urban Residential -3.5 (UJR -3.5) and the Aquifer Sensitive Area (ASA) overlay zones as amended. 2. The Planning Director /designee shall review any proposed final plat to ensure compliance with these Findings and Conditions of Approval. 6/93 EEC Staff Report for PE- 1706 -93 Page 69 3. 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. 4. Appropriate road riame(s) shall be indicated. The preliminary plat is given conditional approval for three (3) years, specifically to July I, 1996 The applicant may request an extension of time by submitting a written request approximately forty-five (45) days prior to the above expiration date. 6. 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. . 7. The final plat map shall indicate by a clear, dashed line the required yard setbacks from all private, or public roads. Existing buildings shall meet current Code requirements for setbacks. 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." 8. Three (3) current certificates of title shall be furnished to the Planning Department prior to filing the final plat. 9. 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. 10. 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. 11. 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. 12. 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 6/93 HEC Staff Report for PE- 1706 -93 Page 70 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." - 13. 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. 14. The Water Plan and the above four (4) conditions of approval regarding the Water Plan may be waived by the Planning Director /designee upon receipt 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. 15. A survey is required prior to the filing of a final plat. 16. Prior to approval of road and drainage plans, you are required to coordinate with the United States Postal Service to determine type and location of central mail delivery facilities which may include applicable easements for developments of three or more homes. 17. If, in the course of site alteration connected with this proposal, prehistoric human remains or any archaeological artifacts which may indicate the presence of prehistoric human remains are discovered on the site, the applicant shall immediately stop the site alteration and accomplish (1) and/or (2) below, as appropriate. (1) Apply for and receive a permit to proceed with site alteration from the State Historic Preservation Officer, in accord with the Indian Graves and Records Act (RCW 27.53). (2) Consult with and, if the site is designated by the City/County Historic Landmarks Commission, apply for and receive a "Certificate of Appropriateness" from that Commission, in accord with the City/County Historic Landmarks Ordinance (Spokane County Commissioners Resolution No. 82 -0038) before resuming site alteration. 18. The Spokane County Planning Department shall prepare and record with the County Auditor a Title Notice specifying a future land acquisition area for road right -of -way and utilities. The reserved future acquisition area Title Notice shall be released, in full or in part, by the Planning Department. The notice should be recorded within the same time frame as an appeal and shall provide the following: a. At least 18 feet of reserved future acquisition area for road right -of -way and utilities, in addition to the existing and/or newly dedicated right -of -way along Flora Road. NOTE: The County Engineer has required two feet of new dedication. b. Future building and other setbacks required by the Spokane County Zoning Code shall be measured from the reserved future acquisition area. 6/93 HEC Staff Report for PE- 1706 -93 Page 71 c. No required landscaping, parking, '208' areas, drainfield or allowed signs should be located within the future acquisition area for road right -of -way and utilities. If any of the above improvements are made within this area, they shall be relocated at the applicant's expense when roadway improvements are made. d. The future acquisition area, until acquired, shall be private property and may be used as allowed in the zone, except that any improvements (such as landscaping, parking, surface drainage, drainfield, signs or others) shall be considered interim uses. e. The property owner shall be responsible for relocating such "interim" improvements at the time Spokane County makes roadway improvements after acquiring said future acquisition area. 19. The Owner shall negotiate 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. 20. The Owner shall negotiate with the Central Valley School District No. 356 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 (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. 6/93 HEC Staff Report for PE- 1706 -93 Page 72 SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior To Issuance Of A Building Permit Or Use Of The Property As Proposed: 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 certification, "as- built" plans and monumenting the street centerlines shall be filed with the County Engineer. 7. Appropriate provision shall be made that the following- described property be held in trust until the continuation of the streets be dedicated or deeded: a one (1) -foot strip at the ends or edges of all streets that terminate or border the subdivision boundary. (Temporary cul -de -sacs are required when streets terminate at the subdivision boundaries.) 8. Individual driveway access permits are required prior to issuance of a building permit for driveway approaches to the county road system. 9. Dedication of 5 feet of additional right -of -way along Baldwin Avenue is required. 10. Dedication of 2 feet of additional right -of -way along Flora Road is required. 11. A statement shall be placed in plat dedication that no direct access be allowed from lots to Flora Road. 12. Existing county roads providing direct access to the plat shall be paved and/or curbed to Spokane County standards 6/93 HEC Staff Report for PE- 1706 -93 - Page 73 13. All public roads' within the plat shall be designed and constructed to Spokane County standards. 14. Sidewalks are required along the arterial(s) on Flora Road. 15. The word "applicant" shall include the owner or owners of the property, his heirs, assigns and successors. - 16. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of all internal streets, which are to be constructed within the proposed development. This will require the installation of 36 feet of asphalt. The construction of curbing is also required. 17. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of Baldwin Avenue, which is adjacent to the proposed development This will require the addition of approximately 10 to 12 feet of asphalt along the frontage of the development. The construction of curbing is also required. . 18 The County Engineer has designated Typical Roadway Section Number 2, Minor Arterial standard for the improvement of Flora Road, which is adjacent to the proposed development. This will require the addition of approximately 12 -14 feet of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. 19. The proposed private road as shown on the preliminary plat serving six lots is approved by the County Engineer. 20. The private road shall be improved to Spokane County standard for a private road standard serving 6 lots, and are subject to approval under Section 10.207 of the Spokane County Fire Code. 21. All vested owners shall sign and record private road documents as prescribed by the Spokane County Engineer. These documents shall be reviewed and approved by the Spokane County Engineer prior to recording with the Spokane County Auditor. Recording numbers shall be referenced in the dedicatory language of the plat 22. - The following statement shall be placed in the plat dedication: "WARNING: Spokane County has no responsibility to build, improve, maintain or otherwise service the private roads contained within or provide service to the property described in this plat. By accepting this plat or subsequently by allowing a building permit to be issued on property on a private road, Spokane County assumes no obligation for said private road, and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain or provide drainage or snow removal on a private road. This requirement is and shall run with the land and shall be binding upon the owner(s), their heirs, successors or assigns, including the obligation to participate in the maintenance of the private road as provided herein." 6/93 HEC Staff Report for PE- 1706 -93 Page 74 23. 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. 24. 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. 25. The following statement shall be placed in the final plat dedication: "The private road as shown hereon is an easement which provides a means of ingress and egress for those lots within the subdivision having frontage thereon." 26. The County Arterial Road Plan identifies Flora Road as a Principal arterial. The existing right -of -way width of 60 feet is not consistent with that specified in the Plan. In order to implement the Arterial Road Plan, in addition to the required right -of -way dedication, a strip of property 18 feet in width along the Flora Road frontage shall be set aside in reserve. This property may be acquired by Spokane County at the time when arterial improvements are made to Flora Road. 27. 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 Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health District. 2. 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 objedt 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. Each dwelling unit shall be double - plumbed for connection to future areawide collection systems. 6/93 HEC Staff Report for PE- 1706 -93 Page 75 5. A dry sewer connection to the future areawide sewerage system shall be constructed. Plans and specifications for the dry sewer connection shall be reviewed and approved by the Utilities Department. 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 becoordinated 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 potable water supply is available to each lot 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. 8. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane County Health District that a suitable sites for on -site sewage disposal systems are available on lots. 9. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane County Health District that the existing on -site sewage disposal system serving the residences on Lots 1 and 10, Block 1 are wholly located within the boundaries of the lot, or replace the on -site sewage systems so that they are entirely on the lot. 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 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." 6/93 HEC Staff Report for PE- 1706 -93 Page 76 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 ." 14. 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 reproduction. 15 The purveyor will also certify prior to filing the final plat on a copy of said water plan that appropriate contractual arrangements have been made with the plat sponsor for construction of the water system, in accordance with the approved plan and time schedule. The time schedule will provide, in any case, for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the plat The contractual arrangements will include a provision holding Spokane County /City of Spokane, Spokane County 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. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1. 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 the 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 travelled surfaces (ie. ingress, egress, parking areas, access roads) should 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 other than burning (ie. construction waste, etc.). 6. All solid fuel burning devices (wood stoves, pellet stoves, etc...) must comply with local, state, and federal rules and regulations. 6/93 HEC Staff Report for PE- 1706 -93 Page 77 SPOKANE COUNTY PARK DEPARTMENT 1. See Spokane County Planning Condition No. 19. CENTRAL VALLEY SCHOOL DISTRICT NO. 356 1. See Spokane County Planning Condition No. 20. 6/93 HEC Staff Report for PE- 1706 -93 Page 78 HEARING. DETERMINATION OF NONSIGNIFICANCE - "DNS" WAC 197 -11 -970 and Section 11.10.230(3) SPOKANE ENVIRONMENTAL ORDINANCE FILE NUMBER(S): PE- 1706 -93 DESCRIPTION OF PROPOSAL: Preliminary Plat of Flora Meadows with existing UR -3.5 zoning and within the Aquifer Sensitive Area (ASA) Overlay Zone. APPLICANT: Wes Crosby P.O. Box 13717 Spokane, WA 99213 926 -5229 LOCATION OF PROPOSAL, generally located on the northeast corner of Flora Road and Baldwin Avenue in the SW 1/4 of Section 7, Township 25 N., Range 45 EWM, Spokane County, Washington. LEAD AGENCY: SPOKANE COUNTY PLANNING DEPARTMENT DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is pot required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197 -11- 340(2); the lead agency will not act on this proposal for at least 15 days from the date issued (below). Comments regarding this DNS must be submitted no later than 4:00 p.m., June 22, 1993, if they are intended to alter the DNS. ############################## # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## RESPONSIBLE OFFICIAL: WALLIS D. HUBBARD, PLANNING DIRECTOR By: Steve Davenport, Planner I Phone: (509) 456 -2205 Address: Spokane County Planning Department West 1026 Broadway Spokane, WA 99260 c / DATE ISSUED:C _,//- /,t Le- , 1993 SIGNATURE: 1� COIvMEINTS REGARDING ENVIRONMENTAL CONCERNS ARE WELCOME ATTHE `) APPEAL OF THIS DETERMINATION, after it becomes final, may be made to the SPOKANE COUNTY PLANNING DEPARTMENT, West 1026 Broadway, Spokane, WA 99260. The appeal deadline is the same as the above project's appeal deadline, being ten (10) calendar days after the signing of the decision to approve or disapprove the project. This appeal must be written and the appellant should be prepared to make specific factual objections. Contact the Planning Department to assist you with the specifics for a SEPA appeal. This DNS was mailed to: 1. WA State Department of Ecology (Olympia) 2. WA State Department of Health 3. Spokane County Health District 4. Spokane County Division of Engineering 5. Central Valley School District No. 356 6. Fire District No. 1 7. Consolidated Irrigation District 8. Spokane County Air Pollution Control Authority 9. Spokane County Parks Department 10. Spokane County Boundary Review Board 11. WA State Department of Transportation 12. Spokane Transit Authority RECEIVED. JUN 0 3 1993 SPOKANE COUNTY ENGINEER B : A. CITY: rt C I tiici ri r PLANNING DEPARTMENT PRELIMINARY SUBDIVISION APPLICATION PART I GENERAL INFORMATION: NAME OF APPLICANT/REPRESENTATIVE: C r //T// , D. /NG , AUeS MAILING ADDRESS: P U Sex /3 7/7 ' • 1 CITY: "pksgivC{ _ STATE LIJA 7.11 PHONE 9 9'4 -3972 (orkj'/ IF APPLICANT IS NOT OWNER, INCLUDE WRITTEN OWNER AUTHORIZATION FOR APPLICANT TO SERVE AS REPRESENTATIVE. LEGAL OWNER'S NAME: PHONE: • MAILING ADDRESS: STATE: ZIP: PROJECT/PROPOSAL SI lE AREA (acres or sq. ft) 9 . 3 & ADJACENT AREA OWNED OR CONTROLLED (acres or sq. ft.) ASSESSOR PARCEL #S OF PROTECT/PROPOSAL SS073.o6/7 .os , otw /y ASSESSOR PARCELk'S OF ADJACENT AREA OWNED OR CONTROLLED STREET ADDRESS OF PROPOSAL E' /7// ij /pLeien Y go /0 EXISTING ZONE CLA.SSIFICATION(S) (DATE ESTABLISHED) UR 3.5 EXISTING USE OF PROPERTY &S — .e , , /Doc k - - fteryci ef COMPREHENSIVE PLAN CATEGORY &read? SCHOOL DISTRICT FIRE DISTRICT f PROPOSED USE OF PROPERTY: Single family dwellings fi Manufactured homes ( ) Other ( ) - Describe: L9�[„ Sc Duplexes ( ) Business ( ) 9 7 6-5 22? 7 (home)„ r k 9.91-z CRas(7), P /oR,a WATER PURVEYOR aySa %/0.47'40 /RR,, Multifamily dwellings ( ) Industrial ( ) Mixed Use ( ) LIST PREVIOUS PLANNING DEPARTMENT ACTIONS INVOLVING THIS PROPERTY 1odA.4.4s.1a l LEGAL INFORMATION: akcne Va/ /ey, eaSE O/' F /ert £d., riot -a o / LOCATION OF PROPOSAL ft/Minh /}VVntU SECTION 7 TOIVNSHIP RANGE /lc NAME OF PUBLIC ROAD(S) PROVIDING ACCESS: F /ag,¢__fZ0.0 — L24110w14Y 4 -Ua'iG WIDTH OF PROPERTY FRONTING ON PUBLIC ROAD P/0'4 - b'/L ± 4l cow - (v3od DOES THE PROPOSAL HAVE ACCESS TO AN ARTERIAL OR PLANNED ARTERIAL X YES ( ) NO NAME(S) OF ARTERIAL ROADS PioRA. en.a LEGAL DESCRIPTION OF PROPERTY (Attach legal description stamped byLan Surveyor). INCJkUDE LEGAL DESCRIPTION FOR ENTIRE AREA TO BE SUBDIVIDED Q Pl E LIUINA� VB V. ION 9 MAP. q 1 SUBDIVISION APPLICATION Page 2 of 4 IF YOU DO NOT HOLD TITLE TO PROPERTY, WHAT IS YOUR INTEREST WIT? Pu,fc/ 60_[=/7/17 BAfBww 4 - NAv //�� L 4— /'i/.QG+H3CG d.O J' /ows eN ..Z.O /O F / oRA- WHAT ARE THE CHANGED CONDITIONS OF THE AREA WHICH YOU, FEEL MAKE THIS PROPOSAL WARRANTED? Z o n/{ -�'ot ro 00o T. F / CD tmo £ D RJ- io NO- 0 -, iti r- y /95 y S eP ,* - c e +s i �sl :Nae*/� 7snA threw *140 � e cais eo r �,,,. �r sr WHAT IMPACT WILL THE PROPOSED SUBDIVISION HAVE ON THE ADJACENT PROPERTIES? W.I/ Meant MLA- -11e1 ;-...p anbit 6k4. WHAT FACTORS SUPPORT THE SUBDIVISION? _ fl. 12/1.5i DI esfab /shut Sin4/t - /twinged Ller/,Ti ;s are available at LAI loraf,o-n . WHAT MEASURES DO YOU PROPOSE TO MTTIGA IE YOUR PROPOSAL'S IMPACT ON SURROUNDING LAND USE? Havk a depate, Ingress and egress rout desia 1w:hin the sublrviiion develavmeni. C. PRELIMINARY STBDIVISION GENERAL INFORMATION: NUMBER OF LOTS: TYPICAL LOT SIZE: SMALLEST LOT SIZE / T� s. /D, 000 .+Sr HD Kt1t• PROPOSED SOURCE OF WATER. Individual wells ( ) Public system X Other ( ) - Describe: PROPOSED MEANS OF SEWAGE DISPOSAL. Public sewer ( ) Community system Double Plumbing >I Dry Sewer '60 Describe: ,DESCRIBE ANY COMBINATION OF ABOVE: GROSS AREA: 9 ,3 QPi'W PROPOSED NET DENSITY *: MINIMUM FRONTAGE: • ge Private Community System ( ) Septic tank and drainfield X Other ( ) UTILITY COMPANIES AND /OR DISTRICTS TO PROVIDE SERVICE TO THIS PROPOSAL: Electricity: W4.sAi 144 wee Sewer: �"" "Ne, &UA4 Gas: Water: �iwS'pl0 4-r/j JAW — Phone: L/, /!'t!.sr DO YOU, OR THE OWNER IN THE EVENT YOU DO NOT OWN THIS PROPERTY, HAVE ANY PLANS FOR FUTURE ADDITIONS, EXPANSIONS OR FURTHER ACTIVITY RELATED TO THIS PROPOSAL? Yes ( ) No >0 IF YES, EXPLAIN: D. PRELIMINARY SUBDIVISION IMPROVEMENT INFORNATION. I..EVEI.. OF STREET IMPROVEMENTS PRopos C'.I) 1'1 iv.uc ruuds j}Q Public roads Arterial roads ( ) Tract X roads * NET DENSITY IS UNITS OR LOTS PER ACRE MINUS PRIVATE AND /OR PUBLIC ROAD AREA. ESTIMA t D TIME PERIOD EXPECTED FOR COMPLETE DEVELOPMENT OF TH SUBDIVISION: / 76 .0 "OS Awn is Ct,oc.✓A4a.ai ` Lys c..v .Sa -tint- Pj4-45g r w o al h a L-.>n m if &t4 cf, - /iu).s 1i 4771../ ; ) c ScJd IS PHASING OF THE FINALIZATION OF THE SUBDIVISION PROPOSED? Yes Q No ) IF YES, SHOW PHASING ON THE PRELIMINARY SUBDIVISION MAP. IS DEDICATION OF LAND FOR PUBLIC USE CONTEMPLA 1 ED (Parks, schools, etc.)? Yes () No) IF YES, DESCRIBE: SUBDIVISION APPLICATION Page 3 of 4 PART II THIS SECTION OF THE APPLICATION WILL PROVIDE THE PLANNING DEPARTMENT STAFF WITH WRI I TEN VERIFICATION THAT THE APPLICANT HAS HAD PRELIMINARY CONSULTATION WITH THE AGENCIES IDENIIFIED. RESULTS OF THE PRELIMINARY CONSULTATION SHALL BE INCORPORA TED IN THE PROPOSAL BEFORE FINAL SUBMITTAL TO THE PLANNING DEPARTMENT. . FIRE MARSHALL /FIRE DISTRICT A. THIS PROPOSAL IS WITHIN FIRE PROTECTION DISTRICT NO. B. ADEQUATE ARRANGEMENTS (HAVE) (HAVE NOT) BEEN MADE TO MEET OUR NEEDS IN PROVIDING FOR AN ADEQUATE WATER SYS IEM AND FACILITIES FOR FIRE PROTECTION PURPOSES. C. RECOMMENDED FIRE FLOW: /'6' s�zC� OR UNABLE TO CALCULATE NOW BECAUSE USE IS NOT DEFINITIVE; AND 'WILL BE DETERMINED AT BUILDING PERMIT APPLICATION TIME. D. REQUIREMENTS INCLUDE: N� e- /.• et /z2 , » Ador A. COMMENTS: FIRE DIS IRICT SI 'ATURE/ ITLE WATER PURVEYOR A . SATISFACTORY ARRANGEMENTS TIC WATER AND FIRE FLOW REQUIREMENTS (HAVE) (HAVE NOTJ) BEEN MADE. 13. REQUIREMENTS/COMMENTS: "g De 'y, WA/ TeX_ Ch'Nl, Z2r2- �rs 1$ ly �c Z/ZS/2_'� WATER DISTRICT SIGNATUR /CI DATE COUNTY ENGINEER A PRELIMINARY DISCUSSION HAS TAKEN PLACE AND GENERAL REQUIREMENTS FOR ROADS AND DRAINAGE HAVE BEEN DISCUSSED WITH THE APPLICANT. DALE 2 /zg DATE COUNTY UTILITIES A PRELIMINARY DISCUSSION HAS TAKEN PLACE AND GENERAL REQUIREMENTS FOR SUBMITTAL OF THIS PROPOSAL (HAVE) IAVF, NOT) BEEN SATISFIED. THE DESIGNATED WATER PURVEYOR FOR THIS SITE IS A. COMMENTS: GCt in ` Z - �Y3 SI 'AT(JRE[rJTLE DATE I DISTRICT A PRELIMINARY DISCUSSION HAS TAKEN PLAC�rdND GENERAL REQUIREMENTS FOR SUBMITTAI..OFTIITS PROPOSAL (HAVE) TIAYE NOT) BEEN SATISFIED. . A. COMMENTS: A. COMMENTS: s- �cb'a-- G-t.^. J a O -S. 72_ - P � . s: � ] / � � SIGNATURE/TITLE ,P DA SEWER PURVEYOR A PRELIMINARY DISCUSSION HAS TAKEN PLACE AND GENERAL REQUIREMENTS FOR THE PROVISION OF PUBLIC SEWER ARE UNDERSTOOD BY THE APPLICANT. 2- 22 4; SIGN&T1J.E/TITLE DATE SUBDIVISION APPLICATION Page 4 of 4 PART III SURVEYOR VERIFICATION I, THE UNDERSIGNED, A LICENSED LAND SURVEYOR, HAVE COMPLETED THE INFORMATION REQUESTED. THE LEGAL DESCRIPTION AND PRELIMINARY PLAT HAVE BEEN PREPARED BY ME OR UNDER MY SUPERVISION IN ACCORDANCE WITH THE REQUIREMENTS OF THE SPOKANE COUNTY • ��' •• • IVISION REGULATIONS AND THE LAWS OF THE STA lE OF WASHINGTON. �n D: t l.e.u`s s 1 `� DATE: .2 - 2 Z - / 7 f 93 RESS: IV 2 t Z $ ' j 1.) E RO PHONE: Fri 7? PART IV (SIGNATURE OF PROPERTY OWNERS OR LETTER OP AT JTHORTZATTON) nmies. 06/21/ - 9`f I, THE UNDERSIGNED, SWEAR UNDER PENALTY OF PERJURY THAT THE ABOVE RESPONSES ARE MADE I RUTHFULLY AND TO THE BEST OF MY KNOWLEDGE. I FURTHER SWEAR THAT I AM THE OWNER OF RECORD OF THE AREA PROPOSED FOR THE PREVIOUSLY IDENTIFIED LAND USE ACTION, OR, IF NOT THE OWNER, ATTACHED HEREWITH IS WRITTEN PERMISSION FROM THE OWNER A 11.ORIZWG MY ACTIONS ON HIS/HER BEHALF. Lv e s/,e r e e,40 By SIGNED: / /fG /_ /J DATE: 722z0; S /993 ADDRESS: 0.0 4, / ?), , PHONE: 916 2 Z ( 2 ZIP: C9> -/i STATE Or + WASHINGTON ) ) ss: COUNTY OF SPOKANE NOTARY SEAL LOUISE A WOW Notary Public STATE OF WASHINGTON My Commission Expires February 1, 1995 u t rE 1 "1— is • ZIP: 1 0C, S POKA NE, .J A_S t4 • DATE ACCEPTED: AaeL*VE7 TOTAL FEES: / 7Z7. cab SIGNATURE l e APPLICANT 9g7REPRESENTATIVE i7 1993, BY - L1&.(s -e. A _ k//7/ SIGNED AND SWORN TO /AFFIRMED BEFORE ME ON THIS Notary Public in// and ��for the State of Washington Residing at: . . ' My appointment expires: - / - 9C PART V (TO BE COMPLETED'BY THE PLANNING DEPARTMENT) DATE SUI1MIFIED: BY:. G e RECEIPT 4: DA 1E. DAY OF Indlan• Ar•. riOA \ TIP r J T0 OC BE R .x rcLaATm 079 o NOUSE 619 Hawes- ICAO 0 0 1na I c 1 (XIS,. ' 105 Hro. 61 a +I SI i SIT 60' 20. L )6' i5 S E YIiK 1 a • 43 P1 Ft F 1 1 3 1 T. 25 N., R. 45 E. SEC. 7 \y 41C. AL 6lALON45 6LL BE ROOTED? 062' 06Y PNADI 1 067 I YN e' 51 PHASE 1 1 r 99.80 I 4 C r 0 B VICIWITY MAP 3 GARAGE 10 9 9 IHLUSE EXIST. II`` SEPTIC— CEL Baldwin Ar•. 4 5 v e 2 z6' 10' 17 la OA SB Z 21 2 14 15 Br O 862' 04r 661' Row 117. 12 '9 11 1 10 Y 9 1 Z TO BE 30 BLDG. SETBACK REPLACED BO' BO' Bd 1 98' 4 a a 50' J 0 1 7 15 19 20 —LOT 1, ILK. 3 1 FT. STRP PLAT DATA r • 50' FEBJ993 LEGAL DESCRIPTION TES LAND 15 SITUATED Na THE STATE OF 14SHN0TON, COUNTY OF SPOKANE, AND IS DESCRIBED AS FOLLOVS• THE SOUTH 250 FEET OF TRACT 15 OF PLAT 'A LREENACRE IRRIG1]0N DISTRICT, AS PER PLAT THEREOF RECORDED H VOL II•I OF PLAT, PAGE 31, A001111 HO. 6 THE NORTH 70 FEET OF amply FEFS 'F TRACT 15. L i• al W ADDITION N0. 2• THE NORTH 313 FEET OF I:MO1TH 633 FEE TRACT 15. CO") Z CC AREA 9 ACRES NO. OF LOTS 30 OR 31 TYP. LOT SIZE 10,000 S.F. TYP. LOT FRONTAGE BO L.F. DENSITY 3.991ACRE COMPREHENSIVE PLAN URBAN LOWING UR 3.3 WATER SUPPLY CONSOLIDATED WATER DISTRICT SEWAGE DISPOSAL INDIVIDUAL SEPTIC TANK SYSTEM PUBLIC WHEN AVAILABLE CONSULTANT TAGGART ENGINEERING L SURVEYING N 2120 PINES RD. SUITE 17-6 SPOKANE, WA99206 APPLICANT CHD, WC. P.O. BOX L3717 -SPOKANE, WA99213 FLORA MEADOWS PRELIMINARY SUBDIVISION PLAT 31 LOT DEVELOPMENT FOR WES CROSBY, PRESIDENT CND, INC. pp TAO OAFTx 1 11EglNl O r I N GI II I B-1 , T.25N., BABE., BEC.9 C 930219 SPOKANE ENVIRONMENTAL ORD. .NCE (WAC 197 -11 -960) Section 11.10.230(1) B. ENVIRONMENTAL ELEMENTS 1. EARTH 2. AIR b. Ground: (3) (5) 1 e c. GgA - Garrison gravelly loam, 0 to 5 percent slopes. This is the dominate soil in the Spokane Valley. Most slopes are between 2 and 5 percent. This soil is somewhat excessively drained and has moderately rapid permeability. It is easy to work. The fertility is medium. Surface runoff is slow, and the hazard of erosion is slight. The majority of the site consists of this soil type. Soils on site are not Prime Farmland. GgB - Garrison gravelly loam, 5 to 20 percent. This soil has a surface layer 3 to 5 inches thinner than that of Garrison gravelly loam, 0 to 5 percent slopes. Runoff is medium and the erosion hazard is moderate. This soil type is located in the central portion of the site. a. Dust from construction activities and CO emissions from the equipment could present short term lower air quality levels for the area. The completed project would introduce additional residential units, and paved roads to this area. The associated traffic would present an insignificant impact on air quality. c. During the construction phase, spraying of the soils will occur during periods of dryness and winds to control dust. Paved roads will be sprayed where tracking from trucks occurs during construction. Construction debris will be hauled from the site to a legitimate solid waste facility rather then buried on site. To reduce or control TSP and CO emissions to the air after the site is developed, residents will not engage in open burning on this site. The paved roads accessing the site and within the site will substantially cut down on dust emissions in this area. (2) Each of the 31 residences will be served by individual on site septic systems placed within each development lot. The size and type of each individual system will depend upon individual soil testing of each lot, and the number of bedrooms within each residence. A continuous grassy swale will be placed within the front yard setback of each residential development lot. These swales will retain and absorb storm water runoff and its associated contaminants and sediments. In addition, the swales will collect runoff from landscape watering, car washing, car maintenance, or any other domestic residential activity. Construction management will include monitoring of waste disposal during construction activities on site. No construction waste material or chemicals will be disposed of on site. The residents of the development will be further governed by applicable local, state, federal regulations regarding leaks and spills of pollutants. (WAC 197 -11 -960) Section 11.10.230(1) c. (I) 4. PLANTS (3) 7. ENVIRONMENTAL HEALTH (3) 8. LAND AND SHORELINE USE SPOKANE ENVIRONMENTAL OR' Surface runoff, including storm water runoff will be captured in the grassy swales placed on each lot. The retained water will be disposed of in a natural way via absorption through the grass and soil layers. With the use of individual septic systems, it is possible that small amounts of waste water could infiltrate to the ground water supplies. Soils look excellent for septic and drainfield systems. Sewers are not available in the area although the site is within the PSSA boundary. When county sewers are available the residences will be hooked up as soon as possible. d. Due to the level terrain, there will not be a rapid rate of runoff generated from site. Any runoff generated from site development will be accommodated by the on site grassy swales. Site specific testing by County Health District for septic suitability, and the issuance of a septic permit will be obtained prior to construction of a septic drainfield system and occupancy of the residence. b. Residential and road construction will require the clearing of the grassy areas. There are no identified wetlands located within this proposed site. (2) There would be a short term increase in noise generated from the site during the construction phase due to trucks and equipment, and normal noises associated with construction activities. Theses noises would occur during daylight work hours. When the residences are completed, the noises emitted would be from the increased traffic generated by the development and normal noises associated with a residential neighborhood. Construction activities will occur during the normal daylight working hours. The long term noise associated with this development would not be significant enough to cause an adverse impact. a. The site is vacant with two single family residences with a workshop, shed, and dog kennels located in the southcentral and westcentral portion. West of the site is vacant and single family residences. To the north, south, and east of the site are large parcels with single family residences. The site is designated Urban by the Spokane County Comprehensive Plan. No Comprehensive Plan Amendment is necessary with this proposal. This project supports that category's purpose and intent, by providing developable lots, paved roads, and the necessary services within a residential setting. 2 SPOKANE ENVIRONMENTAL ORD. .NCE (WAC 197 -11 -960) Section 11.10.230(1) 10. AESTHETICS a. The tallest structures will be two story homes. Quality construction and materials will be used, (i.e.) masonite or wood siding, and composition roof(s). b. Any development will alter the present look of the site. No view will be obstructed or altered by this proposal. 11. LIGHT AND GLARE a. Typical residential lighting on homes will be visible in the evening and nighttime hours. 12. RECREATION a. Located 1/4 mile north of the site is the Spokane River. The Centennial Trail is located approximately 2 miles west, on Sullivan Road. The closest county park is Sullivan Park, adjacent to the Centennial Trail. 13. HISTORICAL AND CULTURAL PRESERVATION c. If excavation of the site in preparation for construction activities reveal evidence of a significant archaeological site, the proponent of this project will contract the Washington State Office of Archaeology and Historic Preservation and coordinate further development activities in that specific area with them. 14. TRANSPORTATION a. The site is accessed by public roads extended off of Flora Road and Baldwin Avenue. b. The closest available transit service is 1100 feet at the intersection of Flora Road and Mission Avenue. c. Each of the 31 residences will have at the minimum a double garage and ample parking space in driveways. No public parking spaces will be eliminated by this project. d. The public road network will be accessed at 3 points. One access is off of Flora Road, the second access is off of Baldwin Avenue, and the third access is a private road off of Flora Road. f. When the 31 detached single family units are finished, approximately 296.05 vehicles trips per day, at 9.55 trips per dwelling unit will be generated from this site. During the A.M. peak hour (between 7 -9 a.m.) a total of 23.56 trips will be generated. During the P M peak hour (between 4-6 p.m.) a total of 31.62 trips will be generated. These figures were derived by using the 5th Edition of the.I.T.E. Single Family Residential Standards. Approximately 40% of the traffic trips will proceed south on Flora Road to access on to Sprague Avenue to utilize the Spokane Valley business district. (WAC 197 -11 -960) Section 11.10.230(1) 15. PUBLIC SERVICES SPOKANE ENVIRONMENTAL ORT ,CE Approximately 60% of the traffic trips will proceed south on Flora Road and turn east on Mission Avenue, and south on Barker Road to access either the north or south direction of Interstate 90. a. The addition of new residents and associated population could potentially result in an increased demand for fire and police protection. b. Fire hydrants will be installed within the development to increase fire fighting capabilities in the event of a fire. High quality composition roofing will be used instead of wood shake roofing. 16. UTILITIES The proposed development is within the Central Valley School District. The schools that serve this area are Progress Elementary, Greenacres Jr. High, and Central Valley School. Currently, a bond is on the March 9, 1993 ballot, if passed this will alleviate some of the overcrowding problems the district is facing. The impact on schools will depend on the number of new school children and the time it takes to build and occupy homes on site. a. Electricity, natural gas, water, refuse service, and telephone are available to this site. Waste water will be disposed of through individual on site septic systems until such time as public sewer is available for hookup. b. Washington Water Power will provide the electricity and natural gas lines could be extended into the site. The developer will work with Consolidated Irrigation District to provide the necessary water supplies for domestic demands and fire flow. The water lines will be buried under the public roads and in easements. Electrical and telephones lines serving the development will be buried underground. 4 March 31, 1993 at 2:15 pm Preliminary Plat of Flora Meadows/Wes Crosby Located north of Baldwin Avenue, east of Flora Road. In Section 7, Township 25 N., Range 45 EWM, Spokane County, Washington. COMPREHENSIVE PLAN: Urban outside Priority Sewer Service Area (PSSA) EXISTING ZONING: Urban Residential 3.5 (UR 3.5) PROPOSED ZONING: UR 3.5 PROJECT DESCRIPTION: 31 Single Family Units are proposed to be developed on a 9.3 acre site. PARCEL NUMBER: 55073.0617,.0615, .0614 SITE SIZE: Approximately 9.3 acres. APPLICANT: Wes Crosby PO Box 13717 Spokane, WA 99213 (509) 926 -5229 SURVEYOR: Mel Taggart N. 2128 Pines Road, Suite 17 -15 Spokane, WA 99206 (509) 924 -9993 ASSIGNED PLANNER: Tim Lawhead RECEIVED MAR 17 19 i County Engineering MEMORANDUM TO: Jeff Forrey, Spokane County Building and Safety Pat Harper, Spokane County Division of Engineering Bill Wedlake, Spokane County Utilities Department Steve Holderby, Spokane County Health District Wyn Birkenthal, Spokane County Parks & Recreation Department Ted Trepanier, Department of Transportation Connie Brady, Spokane Transit Authority Susan Winchell, Boundary Review Board Central Valley School District No. 356 Bob Ashcraft,Consolidated Water District No. 19 Fire District No. 1 FROM: Paul F. Jensen, Senior Planner DATE: March 17, 1992 RE: \ J� Preliminary Plat of Flora Meadows. Applicant: Wes Crosby APPLICATION ACCEPTANCE AND DESIGN REVIEW MEETING, March 31. 1993 AT 2;15 COUNTY PLANNING HEARING ROOM Please review the above application and use the attached APPLICATION ACCEPTANCE AND DESIGN REVIEW MEETING FORM for your comments. The Planning Department encourages your presence at this meeting. The sponsor and representative have been invited to also attend. If you can not attend, please forward your review comments on the attached form to Tim Lawhead for the meeting. The attached APPLICATION ACCEPTANCE AND DESIGN REVIEW FORMS will be given to the sponsor at the meeting and included in the Planning Department file (so bring three copies to the meeting). Thanks for your cooperation. If you have any questions about the application, please contact Tim Lawhead of the Planning Department at 456 -2205. c: Wes Crosby, PO box 13717, Spokane, WA 99213 Mel Taggart, N. 2128 Pines Road, Suite 17715, Spokane, WA 99206 Attachments: 'Application Acceptance and Design Review Form, Project Design, Site Plan Road# Milepost 01344 01344 01344 01344 01344 01344 01"340 01^350 01.350 01"350 01.370 01"590 Feature Crash Crash ADT Counts ADT Counts Crash Crash Multi-File Inventory Listing Detail 07/17/91 PROP DAMAGE COLL W FIXED OBJ 03/06/87 PROP DAMAGE VEH/VEH ENT ANGLE count of 00641 on 07/13/84 count of 01342 on 07/13/84 11/08/92 PROP DAMAGE COLL W FIXED OBJ 06/13/86 PROP DAMAGE OP DIR/1 LFT 1 ST UMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM4Report ViewerCMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM8 3PAGE 1 3Road# Road Names 301420 FLORA PIT RD 301344 FLORA RD 301345 FLORA RD J 3Esc -Exit Enter - Next Page 13:41:34 03 AUG 1993 3 MPost. Reference Descriptio Road Log Info 00.000 SULLIVAN RD U 19 LIGHT BITUM. 203 00.000 BMP of road U 19 PAVED 30 00.030 5TH AV U 19 PAVED 303 00. 080 4TH AV U 19 PAVED 30 00.150 3RD AV U 19 PAVED 403 00.330 SPRAGUE AV U 19 PAVED 40 00.450 MAIN AV U 16 LIGHT BITUM. 223 00.580 VALLEYWAY AV U 16 LIGHT BITUM. 00.730 ALKI AV U 16 LIGHT BITUM. 00.830 BROADWAY AV U 16 LIGHT BITUM. 22 01.040 CATALDO AV U 16 PAVED 203 01.100 BOONE AV U 16 PAVED 20 01.340 MISSION AV U 16 PAVED 203 01.530 BALDWIN AV U 16 PAVED 20 01.590 INDIANA AV U 16 PAVED 203 01.740 MONTGOMERY AV U 16 PAVED 20 00.000 BMP of road U 16 PAVED 203 00.40 EUCLID AV U 16 PAVED 20 TMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMMi4MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM 3List 3 3Use Direction Keys to View Report (Press CF1] for help) 3 CD00000.40 1) 1DPDADDPD1DPDDDDDDDPI) DDP1DPI) DPPPD00000001 )00000D0DDDPDDDDPI)P00000000004 3 TRIAL + l DA L.TON AVE. 174 175 176. 177 178 kill "III LA1144I - - _ , u 179 180 18' 18i , V C . . 4, Flora Meadows Q 0 14 V .i4V t • 17a 173 r ��r gnu •. _ AVE. 1 u Gypsum Pon MET 4 Ili Y W.11 I 11M IMO. SOONE m� 4 AVE. _ 1 r . h 9 Jfl ... 1 c5r ^art INTER -STATE HIGHWAY NI 90 MAP 1 . County Engineering CN 1 Of a b • Orl py • - • T. rl IL. A. 43 T.. 51EC. stir NT or sr • • • • • • 2 ITS yr r or or or 1 el C IC t il l our -r ri - -s eirecom2 / WI 5o. a II " • V SASS in II 1411019130 • ear 0 • 0 MOM II oar SLIT / 2610 1 a 3 1 SI to S OU • 8 w re I r ISM/ it 2 fl • N h * ..... .... IN se 3 3 Er .. ■ a • 0 • b .. ....,..s.._ 1 al no 4 0 J < en- - - 20 ILIA flea IV 00 if VW o o •aldwle An. 17 ••••// r • 10. I FULOIO LION., Mat., • Rgic7 C3 en IJMAL DENCMPTIOft >5 Ina mo a Nam All Ff11.02, T021 LAM 111 101•20VD IN Ile Mitt Of err JJ WC Owns 750 ,ay Of 11•KY 0 of RA • Oillalle• OFISIX01 OVUM ES FOI Ma TWOS a vOimIL or RM. Ma IN w TIX arta. 10. • TM NORM To MT or a neerTN ilis mai act SIXEMN Oa ' DIE COM r MT OF TM KUM MO nun O. —10f L ELS PLAT DATA MCA as mo. Or LOT, 10 ON 3I M. LOT lin 0400 M. LOT MIONOLGL SO ODOM SAVACRI aseRDONNE rUol MOS We' 0310c la SS WOLTER ILIPTLY CONOOLMMID MTV DISTMCI MIRK INOPOLL ININVOUAL 117T1C WS reSTDI PUBLIC MILN Anal OOKSLIANT TAGG.Lor onacoso suswrams M 121 MIS RIX SUITE 17-0 yaw; mato, ArruCANT OM. sc. sax 0777 wawa. 02002E1 F t 17.11.EY RRE DEPT. itritt01101 AS NOTED e tete- /City • —4 FLORA MEADOWS PRELIMINARY 24.1001111111011 PLAT 21 LOT DEVELOPMENT FOR Its MOSBY, MIESOONT C.N.D., NC. MO LN MORINO Si OLOWINVINO Mon Tell M. •lai...a !mama a Oa • •••101111 Masa • ••••-nal I I ••••••••••• me. C *-102,4 1 1 "F. No 99 1117 ft BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER SETTLING CROSBY ) V. SPOKANE COUNTY. SUPERIOR ) COURT CAUSE NO. 93 -2- 05619 -7, ) RESOLUTION AUTHORIZING EXECUTION OF ) SETTLEMENT DOCUMENTS AND ) APPROVING THE FLORA MEADOWS ) PRELIMINARY PLAT NO. PE- 1706 -93 ) WHEREAS, pursuant to the provisions of the Revised Code of Washington, Section 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, on December 2, 1993, Wes Crosby filed an application for a Writ of Certiorari and Complaint for Damages arising out of the Board of County Commissioners denial of the Flora Meadows Preliminary Plat; and WHEREAS, following a number of court hearings and appellate review, to wit: Crosby v. Spokane County, 87 Wn. App. 247, 941 P.2d 687 (1997) and Crosby v. Spokane County, 137 Wn.2d 276, 971 P.2d 32 (1999), the matter was brought before the Honorable Michael Donohue who issued an Order providing as follows: The Board of County Commissioners' Findings of Fact in the Matter of Preliminary Plat of PE- 1706 -93, Flora Meadows with Existing Urban Residential -3.5 (UR -3.5) Zoning, denying the proposal is reversed and remanded to the Board of County Commissioners for entry of an order affirming the decision of the Hearing Examiner committee as conditioned as of June 25, 1993. WHEREAS, in addition to approval, pursuant to the Court's Order, of the Flora Meadows Preliminary Plat, the County may be subject to damages based upon the failure to approve the preliminary plat in 1993; and WHEREAS, the Prosecuting Attorney's Office, Risk Management and Risk Pool have reviewed Mr. Crosby's claim for damages and negotiated the settlement of $315,000.00, including attorney's fees as set forth in the attached Settlement Agreement; 99 1117 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commission that the Chairman of the Board or the majority of the Board is authorized to execute at other than an open meeting the attached "Settlement Agreement" and "Decision" approving the Flora Meadows Preliminary Plat No. PE- 1706 -93. APPROVED BY THE BOARD thislW pay of Dfiefernhe71999. ATTEST: VICKY M. DALTON CLERK OF THE BOARD BY: Daniela Erickson, Deputy . Harris BOARD OF COUNTY COMMISSIONERS OF SPO 1 COUNTY, WASHINGTON SETTLEMENT AGREEMENT 1 c'noc\rro\cnosunscrn.enar AGR AGREEMENT 39 1117 THIS AGREEMENT is entered into this day of December, 1999, by and between CHD, Inc., a Washington corporation and WES CROSBY (hereinafter referred to as "Crosby ") and SPOKANE COUNTY, by and through its Board of County Commissioners (hereinafter referred to as "County "). RECITALS 1. In the spring of 1993, Crosby made an application for the approval of a preliminary plat known as Flora Meadows for the purposes of developing single family residences on 9.3 acres of land in Spokane County. The property is located generally in the northeast corner of Flora Road and Baldwin Avenue in the Southwest quarter of Section 7, Township 25 North, Range 45 EWM, Spokane County, Washington. 2. After public hearing on the application, the Spokane County Hearing Examiner Committee rendered a decision on June 25, 1993 approving preliminary plat File Number PE- 1706-93 known as Flora Meadows, subject to conditions. Thereafter, within the time allowed by law, several neighboring property owners appealed the decision to the Spokane Board of County Commissioners (the "Board ").. 3. The Board of County Commissioners held a public hearing on the appeal on August 3, 1993. On August 24, 1993, the Board of County Commissioners, by a vote of 2 -1, rendered a decision overturning the Spokane County Hearing Examiner Committee and denying the plat. Findings and Decision of the Board of County Commissioners were entered November 2, 1993. 4. Within the time required by law, Crosby appealed the Decision of the Board of County Commissioners to the Spokane County Superior Court by Writ of Certiorari. The record was certified to the court and a hearing was held in the matter on November 16, 1994 in front of the Honorable Marcus Kelley. By Letter Decision dated February 16, 1995, the Honorable Marcus Kelley reversed the Decision denying the application of the preliminary plat of Flora Meadows. 5. After Motions to Intervene and to Dismiss were filed by certain third parties, Judge Kelley agreed to reconsider his decision and, as a result of his reconsideration, dismissed the action on the basis that the court lacked jurisdiction. Crosby appealed said decision to the Court of Appeals and to the Supreme Court ultimately. In January of 1999, the Supreme Court rendered a decision reversing the trial court and reinstating the cause of action. On November 17, 1999, the trial court through the Honorable Michael E. Donahue, entered an Order pursuant to Judge Marcus Kelley's Letter Decision reversing the Board of County Commissioners' Findings and Decision in the matter of the Preliminary Plat PE- 1706 -93, Flora Meadows. 6. Crosby's appeal to the Superior Court, in addition to asking the court to reverse the Decision of the Board of County Commissioners, alleged damages by virtue of the county's actions. There still remains to be tried on the matter the issue of damages and, the possibility of an appeal by the Board of County Commissioners of the entire matter on the merits to the Washington State appellate courts. SETTLEMENT AGREEMENT G.\DOPFJD \GROSBY\SBrTLA(Ni AGR 2 7. Crosby has personally incurred damages as a result of over a six (6) year delay in the ability to develop Flora Meadows. The parties, without admitting liability for damages, recognize the potential costs to both Spokane County and risk to Crosby, wish to settle the matter. NOW, THEREFORE, the parties hereby agree as follows: 1. The County, by Resolution, will approve the Preliminary Plat of Flora Meadows, pursuant to the November 17, 1999 court Order, in accordance with the Decision, and attached conditions of the Hearing Examiner Committee dated June 25, 1993. 2. By way of settlement, and not by way of admission of any liability whatsoever, the county will pay Wes Crosby the sum of three hundred and fifteen thousand ($315,000.00) dollars for damages incurred, including all attorney's fees and unpaid costs incurred to date. 3. The county shall pay said sum to Witherspoon, Kelley, Davenport & Toole, P.S., trust account. 4. Crosby owes Spokane County for approximately $40,000.00 in real estate taxes, interest and penalties for property located in Spokane County and owned by Crosby. Witherspoon, Kelley, Davenport & Toole, P.S. shall hold back from disbursing to Crosby the sum of sixty thousand dollars ($60,000.00) until such time Spokane County provides verification to Witherspoon, Kelley, Davenport & Toole, P.S., that said real estate taxes have been brought current. as Exhibit "A ". The list of parcels for which real estate taxes are due and owing is attached hereto SETTLEMENT AGREEMENT 3 G IDOC'FIDICROSRYlSE1TLAIM AGR 5. Joint Release. a. Each party, on their behalf and on behalf of their past, present and future descendents, heirs, partners, joint ventures, employees, predecessors, successors, assigns, agents and representatives and each of them hereby release and forever discharge the other party, their predecessors, successors and assigns, and each of then, from any and all claims, demands, obligations, losses, causes of action, whether in law or equity, costs, expenses, attorney's fees, liabilities and indemnities of any nature whatsoever, whether based on contract, tort, statute or other legal or equitable theory of recovery, whether known or unknown which, as of the date of this agreement, each may have had, now have, claim or may claim to have against the other party. b. The general release set forth above specifically includes any and all claims, demands, obligations and /or causes of actions for contracts, statutory compensation or exemplary damages and /or other relief related to or in any way connected with the subject matter of the appeal of the Preliminary Plat of Flora Meadows under Spokane County File Number PE- 1706-93 and, the cause of action of Crosby, et al vs. Spokane County, Spokane County Superior Court Number 93- 2- 05- 619 -7, whether known or not, or suspected to exist and whether or not it is specifically or particularly described herein or therein. c. Each party expressly waives any right to claim or right to assert hereafter that any claim, damage, obligation and/or cause of action has, through ignorance, oversight or error, been omitted from the terms of this agreement. SETTLEMENT AGREEMENT 4 G \DOC\FID \CROSBY\SETTLMNT AGR d. Each party agrees that if the facts with respect to this agreement, or the facts alleged in the above - referenced causes of action described above are found hereafter to be different from the facts now believed by them to be true, they expressly accept and assume the risk of such possible difference in facts and hereby agree that this agreement is and will remain effective notwithstanding such difference in facts. 6. This agreement shall be binding on and inure to the benefit of the successors and assigns of the parties hereto. Nothing in this agreement, express or implied, is intended to confer upon any person other than the parties hereto and their prospective successors and assigns, any rights or benefits under or by reason of this agreement. This agreement shall not be assignable by any party hereto without the prior written consent of the other parties. 7. DISCLAIMER OF LIABILITY.. . The parties acknowledge and agree that the execution of this agreement is the result of compromise and is entered into in good faith and shall never, for any purpose, be considered an admission of liability or a responsibility concerning any of the claims referred to in this action and no past or present wrongdoing on the part of any of the parties shall be implied by such payment or execution. 8. COUNTERPARTS. This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed one and the same instrument. SETTLEMENT AGREEMENT G \DOG\ FlOCROSB\ SE TLMNT AGR 5 IN WITNESS WHEREOF, the parties hereto set their hand and seal this // day of December, 1999. ATTEST: VICKY M. DALTON CLERK OF THE BOARD I�anicla Erickson, Deputy SETTLEMENT AGREEMENT G WOCTM CROSD \SETTLNINT AcR WES CROSBY By: CHD, INC. By: WES CIj.OSIi'Y 2 WEST OSBX-? BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON M. Kate Mc sl'n, Chair 6 STATE OF WASHINGTON County of Spokane BEFORE ME, this day, personally appeared Wes Crosby, to me known to be the person above named and who executed the foregoing instrument, and he acknowledged to me that he executed same for the uses and purposes therein expressed. DATED this / i' day of December, 1999. County of Spokane �om∎sslon fi ! m ° NoTAR t^ N. PUBIiC : •2� STATE OF WASHINGTON DATED: )ss. NOTARI' IN AND FOR THE STATE OF WASHINGTON Residing at _coot e.or ' Crib My Commission Expires: )ss. a SETTLEMENT AGREEMENT 7 G \DOC61D \CROSBY SEITLMM AGR , 1999. Th I certify that I know or have satisfactory evidence that Wes Crosby is the person who appeared before me, and said person acknowledged that he was authorized to sign this instrument as the President of CHD, INC., and acknowledged it to be the free and voluntary act of such entity, for the uses and purposes mentioned in the instrument. / Notar/ Pu`Sl c in and for the State of Washington, residing at Spokane My appointment expires: ii4 Z STATE OF WASHINGTON County of Spokane )ss. BEFORE ME, this day personally appeared M. Kate McCaslin, John Roskelley and Phillip D. Harris, to me known to be the persons above named and who executed the foregoing instrument for and on behalf of the Board of County Commissioners of Spokane County, Washington, and they acknowledged to me that they executed same for the uses and purposes therein expressed. DATED this G 1DOC\FJD\CROSDYISETTLMINT AGR day of December, 1999. SETTLEMENT AGREEMENT 8 RY PUBLIC W ES Residing at My Commissi Expires: 3 l % — 2zpp EXHIBIT "A" PARCEL NUMBERS 1. 46314.2301 2. 45193.0803 3. 56334.9055 4. 56334.9178 5. 56334.9057 6. 56334.9183 7. 45092.0704 8. 56354.9102 9. 56334.9139 10. 45082.0514 11. 35241.0705 12. 45031.4903 13. 45221.9219 14. 55073.0615 15. 55182.2538 16. 45091.9001 17. 45163.0102 SETTLEMENT AGREEMENT 9 G \DOCW ID \CROSBY\SETTLNINT AGR No. 99 1117 SPONSOR:WES CROSBY ATTEST: VICKY M. DALTON CLERK OF THE BOARD BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF PRELIMINARY ) PLAT OF PE- 1706 -93, FLORA ) MEADOWS WITH EXISTING URBAN ) DECISION RESIDENTIAL -3.5 (UR -3.5) ZONING ) THIS MATTER being the approval of the preliminary plat of PE- 1706 -93 Flora Meadows with Existing Urban Residential -3.5 (UR -3.5) Zoning, pursuant to Order of the Superior Court dated November 17, 1999 in Crosby v. County of Spokane, Cause No. 93 -2- 05619-7. DECISION The Board does hereby affirm the Findings of Fact, Conclusions and Order by the Heating Examiner Committee dated June 25, 1993 attached hereto and incorporated herein by reference as Attachment "A" in the matter of preliminary plat of PE- 1706 -93 Flora Meadows with Existing Urban Residential -3.5 (UR -3.5) Zoning. APPROVED BY THE BOARD this/ h day of E Cemrlbe , 1999. BY� aniela Erickson, Deputy / Phi ip 1. Harris BOARD OF COUNTY COMMISSIONERS O SW �, C! � TY WASHINGTON cktoL aslin, Chair SPOKANE COUNTY NEARING EXAMINER COMMITTEI; FINDINGS OF FACT. CONCLI SIONS ANI) ORDER 99 1117 INTRODUCTION This matter has come before the Hearing Examiner Committee on June 24. 1993. The members of the Committee present are Verona Southern, Chaiq)erson. Frank Yuse and flan Gibbons. PROPOSAL The sponsor, Wes Crosby, requests approval of PH- 1706 -93, a Preliminary Plat of Flora Meadows with existing Urban Residentiad-3-5 (UR -3.5) zoning. FINDINGS OF FACT AND CONCLUSIONS 1. The property is generally located on the northeast comer of Flora Road and Baldwin Avenue in the SW 1/4 of Section 7, Township 25 North, Range 45 EWM, Spokane County, Washington. 2. The committee adopts the Planning Department Report as a part of this record. 3. The existing land uses in the area are single family dwellings on primarily large lot acreage with some large animal keeping and agricultural uses still present. 4. The proposed use may be compatible with existing uses in the area. 5. The Comprehensive Plan designates this site as Urban. The Urban category is for the purpose of a "city-like" environment, including residential densities of 1 unit per acre to 17 units per acre. 6. The existing zoning does implement and conform to the Comprehensive Plan. 7. The Arterial Road Plan designates Flora Road as a Principal Arterial, with a recommended right of way width of 100 feet. 8. The existing zoning of the property described in the application is Urban Residential -3.5 (UR -3.5), previously established as Agriculture (A) zoning in 1957 and reclassified to Urban Residentia173.5 (UR -3.5) on January I, 1991 pursuant to the 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 zone. 9. The provisions of RCW 43.21 C (The State Environmental Policy Act) have been complied with and a Determination of Nonsignificance was issued. The Committee, after independent review, hereby adopts the DNS. 10. The legal requirements for public notice have been fulfilled. . ATTACHMENT "A" ITEM # /' PAGE / OF / 2 ♦ l'-L. ill Ul.1 IVl 1 L - 1 Page 2 I I . The owners of adjacent lands expressed disapproval of the proposed use. The concerns addressed in their comments included: a. The negative effects the development would have nn wildlife. b. The inadequacy of septic tanks and drainficlds to protect the aquifer. c. The incompatibility of the development with existing land uses; many felt there would be conflicts with large animal keeping and other rural activities. d. Unsafe and inadequate roads to serve the development. e. Dust and air pollution created by the development. f. Inadequate school facilities to serve additional students. 2 Inadequate parks. h. Inadequate environmental review. i. Impaired views from adjacent lots. Many of the opponents requested that an Environmental Impact Statement (E1S) be prepared for the project. 12. 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. 13. 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. transit e. potable water f. sanitary waste disposal g. parks and recreation facilities h. playgrounds i. schools and schoolgrounds j. sidewalks The above improvements are either existing facilities or will be provided by the applicant upon finalization of this subdivision as conditioned by the Committee and implemented by the various County agencies. 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. ITEM � 'I PAGE__= 111 -L VIUUI IUI ( "IS i HEARING EXAMINER COMMITTEE The concerns expressed"by the opponents were adequately addressed at the public hearing or mitigated by recommended conditions of approval. The recent Washington State Board of Health decision concerning the exemption boundary for on -site sewerage systems in Spokane County was considered by the Hearing Examiner Committee, and that until new regulations rcearding on -site sewage disposal are implemented, the 1 fearing Examiner Committee must rely on current regulations. SPOKANE COUNTY PLANNING DEPARTMENT 1. The proposal shall comply with the Urban Residential -3.5 (UR -3.5) and the Aquifer Sensitive Area (ASA) overlay zones as amended. 2. The Planning Director /designee shall review any proposed final plat to ensure compliance with these Findings and Conditions of Approval. 3. 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. 4. Appropriate road name(s) shall be indicated. rage s 3. Voluntary agreements for parks and schools as conditioned are adequate to mitigate impacts from the development. The preliminary plat is given conditional approval for three (3) years, specifically to July 1, 1996 The applicant may request an extension of time by submitting a written request approximately forty -five (45) days prior to the above expiration date. 6. 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. 7 The final plat map shall indicate by a clear, dashed line the required yard setbacks from all private, or public roads. Existing buildings shall meet current Code requirements for setbacks. 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." 8. Three (3) current certificates of title shall be furnished to the Planning Department prior to filing the final plat - 9. Prior to filing of all or a portion of the final plat the applicants 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. - ITEM # PAGE 7- �l -L - VI UL1 IV' rC. - , Page '1 I D. 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. I I . The water purveyor shall certify that appropriate contractual ananucmenis 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. 12. 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." 13. 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 _ .- certifieden.a- copyof the Water Plan as - a sdheihatic rnap showing the "as- built" water system. 14. The Water Plan and the above four (4) conditions of approval regarding the Water Plan may be waived by the Planning Director /designee. upon receipt 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. 15. A survey is required prior to the filing of a final plat. 16. Prior to approval of road and drainage plans, you are required to coordinate with the United States Postal Service to determine type and location of central mail delivery facilities which may include applicable easements for developments of three or more homes. 17. If, in the course of site alteration connected with this proposal, prehistoric human remains or any archaeological artifacts which may indicate the presence of prehistoric human remains are discovered on the site, the applicant shall immediately stop the site alteration and accomplish (1) and/or (2) below, as appropriate. /1 'ITEM PAGE L ' / OF I8. e. The property owner shall be responsible for relocating such "interim" improvements at the time Spokane County makes roadway improvements after acquiring said future acquisition area. 19. The Owner shall negotiate 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. 77 il( PAC Page 7 (1) Apply for and receive a permit to proceed with site alteration from the State Historic Preservation Officer, in accord with the hidian Graves and Records Act (RCW 27.53). (2) Consult with and, if the site is designated by the City /County Historic Landmarks Commission, apply for and receive a "Certificate of Appropriateness" from that Commission, in accord with the City/County Historic Landmarks Ordinance (Spokane County Commissioner's Resolution No. 82 -0038) before resuming site alteration., The Spokane County Planning Department shall prepare and record with the County Auditor a Tide Notice specifying a future land acquisition area for road right -of -way and utilities. The reserved future acquisition area Title Notice shall he released, in full or in part, by the Planning Department. The notice should be recorded within the same time frame as an appeal and shall provide the following: a. At least 18 feet of reserved future acquisition area for road right -of -way and utilities, in addition to the existing and/or newly dedicated right -of -way along Flora Road. NOlL: The County Engineer has required two feet of new dedication. b. Future building and othef setbacks required by the Spokane County Zoning Code shall be measured from the reserved future acquisition area. c. No required landscaping, parking, 208' areas, drainfield or allowed signs should be located within the future acquisition area for road right -of -way and utilities. If any of the above improvements are made within this area, they shall be relocated at the applicant's expense when roadway improvements are made. d. The future acquisition area, until acquired, shall be private property and may be used as allowed in the zone, except that any improvements (such as landscaping, parking, surface drainage, drainfield, signs or others) shall be considered interim uses. rim_ timer for V t - Page 6 Voluntary agreements between the Owner and Spokane County Parks Department shall conform to the requirements of the Revised Code of Washington Chapter 82.02. 20. The Owner shall negotiate with the Central Valley School District No. 356 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 propcny 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 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. SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior To Issuance Of A Building Permit Or Use Of The Property As Proposed: 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. 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 ITEM # PAGE OF I IL:C Order for PE -1 Page 7 certification, "as- built" plans and monumcnting the street centerlines shall be filed with the County Engineer. 7. Appropriate provision shall he made that the following - described property he held in trust until the continuation of the streets he dedicated or deeded: a one ( 1) - font strip at the ends or edges of all streets that terminate or border the subdivision boundary. (Temporary cul -de -sacs are.requircd when streets terminate at the subdivision boundaries.) 8. Individual driveway access permits are required prior to issuance of a building permit for driveway approaches to the county road system. 9. Dedication of 5 feet of additional right -of -way along Baldwin Avenue is required. , 10. Dedication of 2 feet of additional right -of -way along Flora Road is required. 11. A statement shall be placed in plat dedication that no direct access be allowed from lots to Flora Road. 12. Existing county roads providing direct access to the plat shall be paved and/or curbed to Spokane County standards. 13. All public roads within the plat shall be designed and constructed to Spokane County standards. 14. Sidewalks are required along the arterial(s) on Flora Road. 15. The word "applicant" shall include the owner or owners of the property, his heirs, assigns and successors. 16. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of all internal streets, which are to be constructed within the proposed development. This will require the installation of 36 feet of asphalt The construction of curbing is also required. 17. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of Baldwin Avenue, which is adjacent to the proposed development. This will require the addition of approximately 10 to . 12 feet of asphalt along the frontage of the development. The construction of curbing is also required. 18 The County Engineer has designated Typical Roadway Section Number 2, Minor Arterial standard for the improvement of Flora Road, which is adjacent to the proposed development. This will require the addition of approximately 12 -14 feet of asphalt along the frontage of the development The construction of curbing and sidewalk is also required. 19. The proposed private road as shown on the preliminary plat serving six lots is approved by the County Engineer. 20. The private road shall be improved to Spokane County standard for a private road standard serving 61ots, and are subject to approval under Section 10.207 of the Spokane County Fire Code. 1 ITEM # �3 PAGE or tJ tit LUrderforPE -1 Page 8 21 . All vested owners shall sign and record private road documents as prescribed by the Spokane County Engineer. These documents shall be reviewed and approved by the Spokane County Engineer prior to recording with the Spokane County Auditor. Recording numbers shall be referenced in the dedicatory language of the plat. ?. The following statement shall be placed in the plat dedication: "WARNING: Spokane County has no responsibility to build, improve, maintain or otherwise service the private roads contained within or provide service to the property described in this plat. I3y accepting this plat or subsequently by allowing a building permit to be issued on properly on a private road, Spokane County assumes no obligation for said private road, and the owners hereby acknowledge that the County has no obligation of any kind or nature whatsoever to establish, examine, survey, construct, alter, repair, improve, maintain or provide drainage or snow removal on a private road. This requirement is and shall run with the land and shall be binding upon the owner(s), their heirs, successors or assigns, including the obligation to participate in the maintenance of the private road as provided herein." 23. 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. 24. 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 deification of additional right -of -way and.the roadway improvements herein specified. 25. The following statement shall be placed in the final plat dedication: The private road as shown hereon is an easement which provides a means of ingress and egress for those lots within the subdivision having frontage thereon." 26. The County Arterial Road Plan identifies Flora Road as a Principal arterial. The existing right -of -way width of 60 feet is not consistent with that specified in the Plan. In order to implement the Arterial Road Plan, in addition to the required right -of -way dedication, a strip of property 18 feet in width along the Flora Road frontage shall be set aside in reserve. This property may be acquired by Spokane County at the time when arterial improvements are made to Flora Road. 27. . 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. / z7 ITEM r m PALE or NEC Order for PE -1. Page 9 SPOKANE COUNTY DIVISION OF UTILITIES I . 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 Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health District. '. 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 UL1D 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 fomiation 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 thisproject shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 4. Each dwelling unit shall be double - plumbed for connection to future areawide collection systems. 5. A dry sewer connection to the future areawide sewerage system shall be constructed. Plans and specifications for the dry sewer connection shall be reviewed and approved by the Utilities.Department. 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. 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. 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 lot of the plat. ITEM 4 PAGE_ • 1 t1 :C Order for P13- I Page 10 4. 7. Prior to filing the final plat, the sponsor shall present evidence that the plat lies f ;;1 -; within the recorded service arca of the water system proposed to serve the plat. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane County Health District that a suitable sites for on -site sewage disposal systems are available on lots. 9. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane County Health District chat the existing on -site sewage disposal system serving the residences on Lots I and 10, Block 1 are wholly located within the boundaries of the lot, or replace the on -site sewage systems so that they are entirely on the lot. 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 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 aswell as fire.protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot ." 14. 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 authorides. 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 reproduction. 15. The purveyor will also certify prior to filing the final plat on a copy of said water plan that appropriate contractual arrangements have been made with the plat sponsor for construction of the water system, in accordance with the approved plan and time schedule. The time schedule will provide, in any case, for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the plat. The contractual arrangements will include a provision holding Spokane County /City of Spokane, Spokane County 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. ITEM # �2 PAGE ,'U 0 11EC Order for PE -. . SPOKANE COUNTY AIR POLLUTION CONTROL AUI'1IORI"I'Y Air pollution regulations must be met.. -. Air pollution regulations require that dust emissions during demolition, construction and excavation projects be controlled. This may require the use of water sprays, tarps, sprinklers or suspension of activity during cenain 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. All traveled surfaces (ie. ingress, egress, parking areas, access roads) should 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 other than burning (ie. construction waste, etc.). 6. All solid fuel burning devices (wood stoves, pellet stoves, etc...) must comply with local, state, and federal rules and regulations. SPOKANE COUNTY PARK DEPARTMENT 1. See Spokane County Planning Condition.No. 19. CENTRAL VALLEY SCHOOL DISTRICT NO. 356 1. See Spokane County Planning Condition No. 20. Page 1 SPOKANE COUNTY DIVISION OF BUILDINGS 1. The applicant shall contact the Division of Buildings at the earliest possible stage in order to be informed of code requirements'administered /enforced as authorized by the State Building Code Act. Design/development concerns include: Fire apparatus access roads, fire hydrant/flow, approved water systems, building accessibility, construction type, occupancy classification, exiting, exterior wall protection, and energy code regulations. ITEM it / " PAGE • • � _ Of . a 11 EC Order for PE- I ORDER The Hearing Examiner Committee, pursuant ur the above Findings of Fact and Conclusion, APPROVES the application of Wes Crosby for the Preliminay Plan a. described in the applicmion PE- 1706 -93 known as Flora Meadows. Motion by: Frank Yuse Seconded by: harry Gibbons Vote: (3 -0) UNANIMOUS "10 APPROVE THE PRELIMINARY PLAT OF • FLORA MEADOWS HEARING EXAMINER CO\1MMEE HEREBY AT"T"EST TO THE A ROVE FINDINGS, ORDER, AND VOTE Chairman Al LEST: For WALLIS D. HUBBARD Planning Director /,U y JOHN W. / PEDERSON Senior Planner 6/5/9 Date `r r% i Page 13 Pursuant to 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, W. 1116 Broadway, Spokane, WA 99260, along with a $200 processing fee payable to the Spokane County Treasurer. If you have any questions, please call the Planning Deparnnent at 456 -2205. ITEM". ', P Art_ ,. / :' STEVEN J. TUCKER PROSECUTING ATTORNEY S P 0 K A N E TO: Pat Harper RE: Crosby v Spokane County Please find enclosed the following: Originals Copies Description Criminal Department County-City Pubhc Safety Building 1100 W. Mallon Avenue Spokane, WA 99260 -0270 (509) 477 -3662 FAX: 477 -3109 xxx Order [ 1 1 For your information and review [ 1 Please file original and conform copies [ 1 Please contact to discuss this matter [ 1 Other Bv: Civil Department 1115 W. Broadway Spokane, WA 99260 -0270 (509) 477-5764 FAX: 477 -3672 OFFICE OF PROSECUTING ATTORNEY • December 6, 1999 LETTER OF TRANSMITTAL Robert B. Binger Deputy Prosecuting Attorney 0 U N m Y ❑ ❑ Family law Department Dnig /Property Department 1124 W. Riverside, Lower Level 2 721 N. Jefferson Spokane, WA 99201 Spokane, WA 99260 -0270 (509) 477 -2486 FAX: 477 -3}10 (509) 4776416 FAX. 477-6450 County - City Public Safety Building 1100 W. Mallon Avenue Spokane, WA 99260 -0270 (509) 477 -3662 FAX: 477 -3409 ❑ Juvenile Department 1208 W. Mallon Avenue Spokane, WA 99260 -0270 (509) 477-6046 FAX: 477-6444 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT IN THE SUPERIOR COURT OF THE STATE OFwV$$('®IDNTY Witt IN AND FOR THE COUNTY OF SPOKANE WES CROSBY and CHD, INC., a Washington corporation. Plaintiffs, vs. COUNTY OF SPOKANE, a Washington corporation, and SPOKANE COUNTY BOARD OF COMMISSIONERS, Defendants. ALLEN R. OSBORNE, ROBERT LOWEREE and PATRICIA LOWEREE, husband and wife, JAMES POLLARD and MARY POLLARD, husband and wife, Defendant Intervenors. THIS MATTER having come on regularly for hearing on Petitioners Application for Writ of Certiorari and the Court having previously entered an Order granting the Writ of Certiorari, and in response thereto, Respondent Spokane County. certified to this Court the file in the matter of the application of preliminary plat.of Flora Meadows. Spokane County File PE- 1706-93. THE COURT having reviewed the record, examined the briefs of the parties. and having heard oral argument, issues its Letter Decision of February 16. 1995. a copy of which Is in the court file. Subsequent to the Court's Letter Decision, but prior to an entry of an Order. Defendant Intervenors, Osborne, Loweree and Pollard, by and through their attorney. Steven Eugster, filed a Motion to Intervene as indispensable necessary parties. After a hearing said Motion was granted. The third parties thereafter moved for an Order dismissing the matter on the basis that PLAINTIFFS' SECOND PROPOSED ORDER G \DOQFIACROSBYDNDPROP ORD No 93 -2 -05619 -7 COPY • ORIOINAL FILED NOV 17 1 ORDER WITIIERSPOON KELLEY. DAVENPORT K TOOLE 1100 U S. BANK BUILDING 422 WEST RIVERSIDE AVENUE SPOKANE, WASHINGTON 99201 -0302 (509) 624 -57b5 1 Petitioners failed to name the defendant/intervenors as indispensable parties within the time 2 required and lack of jurisdiction. After hearing on the matter, the,Court granted said Motion 3 and dismissed the above - referenced matter on grounds including lack of jurisdiction. 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to a timely appeal. the Court of Appeals in 1997 affirmed the dismissal. TheWashington Supreme Court in 1999 reversed the Court of Appeals and concluded that the superior court had appellate jurisdiction. The Supreme Court remanded the case for further proceedings in accord with its opinion. Prior to the Supreme Court's Decision. the Honorable Marcus Kelly passed away in July of 1996. Subsequent to the mandate from the Supreme Court. the Court having reviewed the tiles and pleadings herein, and the Letter Decision of the Honorable Marcus Kelly. deceased. and having dismissed with prejudice Defendant Intervenors. Osborne. Loweree and Pollard. NOW, THEREFORE, IT IS HEREBY ORDERED. ADJUDGED AND DECREED as follows: 1. The Board of County Commissioners' Findings of Fact in the Matter of Preliminary Plat of PE- 1706 -93, Flora Meadows with Existing Urban Residential -3 5 (IUR -3.5) Zoning, denying the proposal is reversed and remanded to the Board of County Commissioners for entry of an order affirming the decision of the Hearing Examiner committee as conditioned as of .tune 25, 1993. DONE IN OPEN COURT this I-7 day of November, 1999. PLAINTIFFS' SECOND PROPOSED ORDER G ❑DOCTID\CROSBYQNDI'ROP 0RD HONORABLE MICHAEL E. DONOHUE WITIIrkSPOON. KELLEY DAVENPORT & TOOLE. PIEVIESSIO•al /P1,004110, 1 100 U.5 BANK BUILDING 422 WEST RIVERSIDE AVENUE SPOKANE, WASHINGTON 99201 -0302 M916244265 - - - s i 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Presented by: WITHERSPOON, KELLEY'. DAVENPORT & S OLE, F ° LLAI'!tY JR., WSBA #5112 Attorney for P intiff Copy received Notice of Presentment Waived: STEVEN J. TUCKER g Prosecut Attorney Dz./ e; ROBERT B. BINGER WSBA #10774 Deputy Prosecution Attorney EVANS. CRAVEN & LACKIE. P.S. JAROLD R CARTWR!GF -IT. WSBA #9595 Attorney for Spokane County PLAINTIFFS' SECOND PROPOSED ORDER 3 G \DOOFID \CROSBY\2NDPROP ORD \,'I'rI IERSPOON. $LLLLY Da \'I NPUIFI" & 'MOLE 110 U S BANK BUILDING 422 WEST RIVERSIDE AVENUE SPOKANE. WASHINGTON 99201 -0302 609/ 624-526C