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HEX Decision SUB-01-12 REZ-02-12 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Preliminary Plat of Centennial Place,and ) Rezone from the R-3 Zoning District to the R-4 ) Zoning District; ) ORDER CORRECTING ) CLERCIAL ERRORS IN File No, SUB-01.12IR -02-12 ) DECISIION Applicant: Landed Gentry Development, Inc. ) ) L PROCEDURAL MATTER On February 15, 2013, the Keating Examiner entered written Findings of Fact, Conclusions and Decision("decision") in the above-referenced file number. The decision contains certain clerical errors, described as follows: Page 2, FF#13, line 3: Delete"file". Page 6, FF #3S, line 5: Change "resident"to"residence" Page 21, 5th paragraph: Change the appeal closing date for the preliminary plat from "March 21, 2013"to "March 12, 2013". Section J (7) of the Hearing Examiner Scheduling Rules and Rules of Conduct, adopted as Appendix B the Spokane Valley Municipal Code, authorizes the Hearing Examiner to correct clerical errors arising from oversight or omission in Hearing Examiner decisions at any time,without affecting the appeal period for the decision; provided a copy of each page affected by the decision is mailed to all parties of record. Good cause exists to correct the clerical error, which are obvious from the context of the decision, IL ORDER It is hereby ORDERED that the Hearing Examiner's written decision of February 15, 2013 in the above-referenced matter be revised,to correct the clerical errors described above. The deadline for appeal of the rezone approved by the decision is still March [, 2013. The deadline for appeal of the preliminary plat approved by the decision is still March 12, 2013. A copy of this order is being mailed to parties of record on February 19, 2013. DATED this 19th day of February, 2013 SPOKANE COUNTY HEARING EXAMINER r'f az, 62 , Mchne C. Dempsey, WSBA p823 Order Correcting Clerical Jurors SUB-01-121REZ-02-12 Page 1 7. On January 31, 2013, the Hearing Examiner conducted a public hearing on. the application. The notice of hearing requirements were met for the application. The Hearing Examiner conducted a site visit on January 25, 2013, 8. The following persons testified at the public hearing: Karen Kendall, Planner Dan Melville City Community Development Department 11019 E.Upriver Drive 11707 E. Sprague Avenue, Suite 106 Spokane, WA 99206-4544 Spokane Valley, WA 99206 9. The following exhibits were submitted by the Department and admitted into the record at the public hearing: Exhibit 1; Vicinity Map Exhibit 2: Zoning Map Exhibit 3: oonnprehensive Plan Map Exhibit 4: 2010 Aerial Map Exhibit 5: Application Submittal Exhibit 6: Preliminary Plat Map of Record Exhibit 7: Determination of Completeness Exhibit S: Notice of Application Materials Exhibit 9: SEPA Determination Exhibit 10: SEPA Checklist Exhibit 11 Notice of Public Heating Materials Exhibit 12: Agency Comments Exhibit 13: Public Comments Exhibit 14: Supplement to Staff Report and Recommendations to Hearing Examiner Exhibit 15: Addressing for lots in preliminary plat Exhibit 16: Memorandum from Development Engineering to Karen Kendall 10. Exhibits 1-13 were attached to the Staff Report prepared by the Department before the public hearing. Exhibits 14-16 were submitted at the hearing. 11. The Staff Report elToneously included the City Engineering conditions of approval submitted for a different preliminary plat/rezone application, in File No. SUB-02-12/REZ-D3-12; which application was heard by the Hearing Examiner immediately after the hearing an the current project. 12. The City Engineering conditions of approval for the current application were submitted on November 1, 2012; and are also contained in Exhibit 16 submitted at the hearing. 13. The City Building Division conditions of approval contained in the Staff Report included sonic incorrect future addresses for lots in the preliminary plat. The correct addresses were submitted by the Department file on November 1, 2012, and are also contained in Exhibit 15 submitted at the hearing. HE Findings, Conclusions and Decision SUB-01-12/R.Z-02-12 Page 2 32, The land zoned R-3 bring near the site generally consists of single-family homes on lots and parcels of various sizes; with the subdivisions located cast of Flora Road described above. The land zoned MIX to the southwest and south generally consists of vacant land; except for some smaller parcels zoned MUC to the south. See 2012 aerial photo in Exhibit 14, 33. A roundabout intersection was recently installed by the City at the intersection of Mission Avenue and Flora Road, and Mission Parkway was extended east to the roundabout in a one-way configuration. West of its one-way configuration, Mission Parkway merges into Indiana Avenue; which road extends as a two-way road all the way west to Sullivan Road and Interstate 90. Freeway interchanges along I-90 are located at Sullivan Road and Barker Road. 34. Various commercial and light industrial uses have recently been developed along Indiana Avenue west of Mission Parkway. A wide range of commercial uses is found along Broadway Avenue, east of Sullivan Rood, Broadway extends east to Flora Road, south of the site. 35. The City Arterial Street Plan set forth in the Comprehensive Plan designates Long Road as a proposed Collector Arterial; Flora Road, north of Mission Avenue, as a Collector Arterial; Flora south of Mission, Mission Parkway, Mission Avenue, and Indiana Avenue west of Flora as proposed.Minor Arterials; Broadway Avenue, west of Long Road, as a Minor Arterial; and Barker Road and Sullivan Road in the area as Principal Arterials, 36. The Spokane River meanders southwesterly through the area, and is located approximately 250 feet west of the site and 630 feet north of the site, The Spokane Centennial Trail, a regional public trail system,borders the south side of the river in the area, 37. Public opposition expressed to the rezone portion of the application included a letter submitted by the "North Oreenneres Neighborhood", signed by area residents Mary Pollard and Nancy "Pete" lvlilter,`, and with a Baldwin Avenue address; and a letter containing similar content signed by area residents that represent 15 property ownerships located along Flora Road, Indiana Avenue, Baldwin Avenue and Mission Parkway in the area. No testimony was submitted at the hearing in opposition to the application. 38. The concerns expressed by project opponents included that the property is surrounded by R-3 zoning, the small amount of MUC zoning that borders the southwest boundary of the site is clearly F a zoning boundary that does not provide an excuse for higher density, the maximum 7,500-square foot lots allowed under R-3 zoning are appropriate and adequate for the site, the greenhouse and private resident that previously existed on the adjacent land zoned MLJC does not provide justification for higher residential density on the site the inability to extend through streets to the north and west in the area (due to the location of the river)creates a public safety concern for the increased traffic generated by the project, diesel equipment used in construction of the subdivision should be retrofitted to current emission standards, and the project only benefits the developer and site owners to the detriment of area residents, HE Findings, Conclusions and Decision SUB-01-l2/REZ- :-12 Page 6 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL This decision was mailed by regular Mail to the Applicant, and to all government agencies and persons entitled to notice under Section 17.00.130(4) of the SVMC, on February 15,2013. Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code(SVMC), the decision of the Hearing Examiner on a site-specific amendment to the City of Spokane Valley wrung map(i.e. site specific rezone) is final and conclusive unless within fourteen (14) from the date the Examiner's decision was mailed, a party with standing appeals the decision to the Spokane Valley City Council pursuant to Section 17.90.070 of the SVMC. THE APPEAL CLOSING DATE FOR THE PORTION OF THE IIEARING EXAMINER'S DECISION APPROVING THE SITE-SPECIFIC MAP AMENDMENT fREZON>w)S MARCH 1,2013, Pursuant to SVMC 17.90 and RCW Chapter 36.70C, the decision of the Hearing Examiner on an application for a preliminary plat is final and conclusive unless within twenty-one (21) calendar days from the date of issuance of the Examiner's decision, a party with standing files a land use petition in Superior Court pursuant to RCW Chapter 36.70C. Pursuant to RCW Chapter 36.700, the date of issuance of the Hearing Examiner's decision on such application is three (3) days after it is mailed. THE APPEAL CLOSING BATE FOR THE PORTION OF T UUE DECISION APPROVING THE PRELIMINARY PLAT IS MARCH 21,2013. The complete record in this matter, including this decision,is on file during the appeal period with the Office of the Hearing Examiner,Third Floor, Public Works Building, 1026 West Broadway Avenue,Spokane, Washington,99260-0245; and may he inspected by contacting Kristine Chase at(509) 477-7490. The file may be inspected during normal working hours, listed as Monday-Friday of each weeI€, except holidays, between the hours of S:LW a.m. and 4.30 p.m. After the appeal period, or if transferred sooner than the expiration of the appeal period, the file may be inspected at the City of Spokane Valley Department of Community Development-Planning Division, 11707 E. Sprague Avenue, Spokane Valley,WA, 992116; by contacting Karen Kendall at(509)921-1000. Copies of the documents in the record will be made available at the cost set by the City of Spokane Valley. Pursuant to RCW 36.70B.130, affected properly owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. HE Findings, Conclusions and Decision SUB-01-12IR -02,-12 Page 21 Can Hinshaw From: Chase, Kristine A. fKCHASE spokanecounty.org] Sent: Tuesday, February 19, 2013 10:59 AM To: Carl Hinshaw; Cary Driskeli; Christina Janssen; Deanna Horton; Henry Allen; John Hohman; Karen Kendall; Lori Barlow; Martin Palaniuk; Micki Rarnois; Mike Basinger; Scott Kuhta Subject: RE Hearing Examiner Corrections to SUB-01-12/REZ-02-12 Decision Attachments: Page 21 Correction.pdF Please .e the corrected appeal date on page 21 . **tilde Chate Sia iSSista11t 0_156ce rr tJe I anuq[ aminer (509)477-7490, 'Fa . X177-7478 kciiaseftoOn cimirty.(rrg From: Chase, Kristine A. Sent: Tuesday, February 19, 2013 10:31 AM To Carl Hinshaw; Cary l)riskell; Christina Janssen; Deanna Griffith; Henry Men; John Hohman; Karen Kendall; Lori Barlow; Marty Palaniuk; Micki Harnols; Mike Basinger; Scott Kuhta Subject Hearing Examiner Corrections to SUB-01-12/RE2-02-12 Decision Please see the attached decision regarding the above-referenced project and note the corrections made by the Hearing Examiner. Let us know iryou have any questions. Thank you. l<crstirre (JI asc StaffAssrstrmt Office of theta arrrrjj r miner (509)477-7490, Tirc 477-7478 ichase @spoke rleconrrty.nrg 1 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL This decision was mailed by regular snail to the Applicant, and to all government agencies and persons entitled to notice under Seetiaai 17,80.130(4) of the SVMC,on February 15,2013. Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code(SVMC), the decision of the Hearing Examiner on a site-specific amendment to the City of Spokane Valley zoning map(i.e.site specific rezone)is final and conclusive unless within fourteen (14) from the date the Examiner's decision was mailed, a party with standing appeals the decision to the Spokane Valley City"Council pursuant to Section 17,90,070 of the SVMC. THE APPEAL CLOSING DATE FOR THE PORTION OF THE HEARING EXAMINER'S DECISION APPROVING THE SITE-SPECCIFIC MAP AMENDMENT REZONE IS MARCH 1 2013. Pursuant to SVMC 17.90 and RCW Chapter 26.700, the decision of the Hearing Examiner on an application for a preliminary plat is final acid conehisive unless within twenty-one (21) calendar days from the date of issuance of the Examiner's decision, a party with standiaig files a land use petition in Superior Court pursuant to RCW Chapter 36,70C. Pursuant to RCW Chapter 36,700, the date of issuance of the Hearing Examiner's decision on such application is three (3) days after it is mailed. THE APPEAL CLOSING DATE FOR THE PORTION OF THE DECISION APPROVING THE PRELIMINARY PLAT IS MARCH 21 12 2013. The complete record in this matter, including this decision,is on file during the appeal period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West Broadway Avenue,Spokane, Washington, 99260-0245; and may be inspected by contacting Kristine Chase at(509) 477-7490. The file may he inspected during normal working hours, listed as Monday-Friday of each week, except holidays, between, the hours of 8:00 a.m. and 4:3(1 p.m. After the appeal period, or if transferred sooner than the expiration of the appeal period, the file may be inspected at the City of Spokane Valley Department of Community Development-Planning Division, 11707 E.Sprague Avenue,. Spokane Valley,WA, 99206; by contacting Karen Kendall at(509) 921-1000. Copies of the documents in the record will be made available at the cost set by the City of Spokane 'Valley. Pursuant to RCW 36.7011.130,affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. HE Findings,Conclusions and Decision SUB-01-12/REZ-02-12 Page 21 CI'1'V Or SPOKANE VALLEY HEARING EXAMINER RE: Preliminary Plat of Centennial Place, and ) Rezone from the R-3 Zoning District to the R-4 ) Zoning District; ) FINDINGS OF FACT, CONCLUSIONS OF 1LA1 , Pile No, SUB-01-121REZ-02.12 ) AND DECISION Applicant: Landed Gentry Development, Inc. ) ) I. SUMMARY OF DECISION Hearing Matter: Consolidated applications requesting approval of a preliminary plat, and a rezone from the R-3 district to the R-4 district. Summary of Decision: Approve consolidated applications, subject to revised conditions of approval. The preliminary plat will expire on February 15, 2020:, unless a time extension is approved wider Section 20.30.060 of the Spokane Valley Municipal Code (SVMC). II, FINDINGS OF FACT 1. The consolidated applications ("application')propose a rezone of approximately 9,2 acres of land from the Single-Family Residential (R-3) zoning district to the Single-Family Residential Urban (R-4) zoning district; and a preliminary plat to divide such acreage into 48 lots for single- family dwellings, in the R-4 district. 2. The site is located west of and adjacent to Flora Road, approximately 400 feet north of the intersection of Mission Avenue and Flora Road; in Spokane Valley, Washington. 3. The site is currently referenced ns County Assessor tax parcel nos. 45124.0153 and 45124.0147, The single-family dwellings on the site are addressed at 1803 N. Flora Road and 1823 N. Flora Road,respectively. 4, The applicant is Landed Gentry Development, Inc,; addressed at c/o Dan Melville, 11019 E. Upriver Drive, Spokane, WA 99206-4544. The site owners are Joseph L. and Lynda J. (Jayne) House, addressed at 17406 E. Montgomery, Spokane Valley, WA 99016-8517; and Randall and Nan Shove, addressed at 1823 N, Flora Road, Spokane Valley, WA 99016-9396. 5. On October 8, 2012, the application met the requirements for a complete application. The application was deemed complete by the City Community Development Department ("Department")on October 9, 2012. 6. On December 14, 2012, the Department issued a Determination of Nonsignifi nee (DNS) for the application, The DNS was not appealed. HE Findings,Conclusions and Decision SUB-01-121REZ 02.12 Page 1 7. On January 31, 2013, the Hearing Examiner conducted a public hearing on the application, The notice of hearing requirements were met for the application, The Hearing Examiner conducted a site visit on January 25, 2013. 8. The following persons testified at the public hearing: Karen Kendall, Planner Dan Melville City Community Development Department 11019 E. Upriver Drive 11707 E. Sprague Avenue, Suite 106 Spokane, WA 992064544 Spokane Valley, WA 99206 9. The following exhibits were submitted by the Department and admitted into the record at the public hearing: Exhibit 1: Vicinity Map Exhibit 2: Zoning Map Exhibit 3: Comprehensive Plan Map Exhibit 4: 2010 Aerial Map Exhibit 5: Application Submittal Exhibit 6: Preliminary Pint Map of Record Exhibit 7: Determination of Completeness Exhibit 8: Notice of Application Materials Exhibit 9: SEPA Determination Exhibit 10: SEPA Checklist Exhibit 11: Notice of Public Hearing Materials Exhibit 12: Agency Comments Exhibit 13: Public Comments Exhibit 14: Supplement to Staff Report and.Recommendations to Hearing Examiner Exhibit 15; Addressing for lots in preliminary plat Exhibit 16: Memorandum from Development Engineering to Karen Kendall 10. Exhibits 1-13 were attached to the Staff Report prepared by the Department before the public hearing. Exhibits 14-16 were submitted at the hearing, 11. The Staff Report erroneously included the City Engineering conditions of approval submitted for a different preliminary platlrezone application, in File No. SUB-02-I 2/R Z-03-12; which application was heard by the Hearing Examiner immediately after the hearing on the current project. 12. The City Engineering conditions of approval for the current application were submitted on November 1, 2012; and are also contained in Exhibit 16 submitted at the hearing. 13. The City Building Division conditions of approval contained in the Staff Report included some incorrect future addresses for lots in the preliminary plat. The correct addresses were submitted by the Department file on November 1, 2012, and are also contained in Exhibit 15 submitted at the hearing, NE Findings, Conclusions and Decision SUB-01-121REZ-02-12 Page 2 14. On February 13, 2013, Karen Kendall emailed the Hearing Examiner a copy of the map for Preliminary Short Plat No, SIP-08-12; at the Examiner's request, 15. The Hearing Examiner heard the application pursuant to Chapters 17,80, 18.20, 19.30 and 20,30 of the Spokane Valley Municipal Code (SVMC); and Appendix 13 (Hearing Examiner Scheduling Rules and Rules of Conduct) of the Uniform Development Code (UDC) portion of the SVMC (SVMC Titles 17.24), 16. The Hearing Examiner takes notice of the SVMC, the City Comprehensive Plan, other applicable development regulations, and prior land use decisions in the vicinity, 17. The record includes the testimony and documents submitted at the public hearing; the documents in the application file at the time of the public hearing; the items taken notice of by the hearing Examiner; and the copy of the preliminary short plat map provided to the Examiner on February 13-14, 2013, and associated entails. 18. The site is irregular in shape, relatively flat in topography, and approximately 9,2 acres in size; and generally consists of a 7,4-acre pared improved with a single-family dwelling, and a 1.8- acre parcel improved with a single-family dwelling. 19. On October 9, 2012, the applicant submitted Preliminary Short Plat No, SHP-08-12; to divide the site into six (6) lots. The Department approved the preliminary short plan prior to the hearing held on the current application. See testimony of Karen Kendall, 20. The preliminary short plat includes a 13,970-square foot lot created for the Shove residence, located along Flora Road in the northeast part of the site; an adjoining 12,002-square foot lot created to the south, planned to be divided into two (2) lots by the current preliminary plat; a 9,149-square foot lot created for the House residence, located along Flora Road in the southeast part of the site; and three (3) large lots planned to be in separate ownerships, and divided into 44 lots through the current preliminary plat. See testimony of Dan Melville, letter dated 9-13-12 from Daniel Melville to the Department, and preliminary short plat map in File No, SHP-08-12. 21, The preliminary plat map of record submitted on October 8, 2012 ("preliminary plat map") illustrates division of the site into the 13,970-square foot and 9,149-square foot lots created by final approval of the preliminary short plat; division ofthe 12,002-square foot created by the short plat into a 6,000-square foot and 66,008-square foot lot; an 8,230-square foot lot, a 10,194-square foot lot and a 10,000-squuare foot lot lying directly north, or sequentially west, of the 12,002-square foot lot created by the short plat; and 41 lots ranging from 6,000 square feet to 7,034 square feet in size. The existing residences on the site would be retained. 22. The preliminary plat map illustrates eight (H) common open space tracts ranging from 1,526 square feet to 4,657 square feet in size, and totaling 17,430 square feet in size, Two (2) of the tracts are reserved for a private street in a "T" configuration (Steen Lane); which street would be paved to a beyond standard width of 24 feet, have rolled curbs and feature limited parking. The other tracts are located along the entrances to the project on Flora Road, internal intersection points - HE Findings, Conclusions and Decision SUI3-01-1VREZ-02-12 Page 3 and the private street; would be landscaped by the applicant, and provide for stormwater treatment and disposal; and are intended to enhance the aesthetic appeal of the project. All of the tracts would be owned and perpetually maintained by a homeowner's association, under adopted covenants, See depiction of landscaped and private street tracts in Exhibit 14, 23. The preliminary plat map illustrates a system of internal public roads connecting to Flora Road at two (2) locations. City Engineering conditions require the roads to be improved with. asphalt, curb, gutter, separated sidewalks and drainage swale facilities A 6-foot high sight- obscuring fence is planned along the perimeters of the site adjacent to neighboring private properties, See letter dated 9-13-12 from Daniel Melville. 24. City Engineering conditions require the applicant to widen Flora Road adjacent to the site to a width of 20 feel from centerline; and add curb, gutter, separated sidewalk and drainage Swale facilities under Collector Arterial street standards. The existing and new residences in the preliminary plat wore Icl be served by public sewer. 25. The applicant proposes to finalize the preliminary plat in two (2) phases. Phase I would finalize Blocks 1-3, and Phase H would finalize Blocks 4-6. 26. The site, neighboring land to the north and west, nearby land located to the south, and land lying east of Flora Road in the area are designated in the Low Density Residential category of the Comprehensive Plan; and are zoned R-3,except as follows: (a) A total of 2.63 acres of land located at the northeast corner of the ittterseetion of Flora Road and Mission Avenue is zoned R-4, and developed with a 12-lot subdivision for single-family homes. In 2007, the Hearing Examiner approved a rezone of such acreage from the Urban Residential-3.S (UR-3.5)zone to the Urban Residential-7 (UR-7*) zone, under expired City zoning regulations; and a preliminary plat(Flora Ridge) of such land under the UR-7* zone. See decision in File No. REZ-26-061SUB-07-06. The UR-7* zone permitted a maximum. residential density of six (6) dwelling units per acre. (b) A total cf 3.67 acres of land located at the northeast corner of the intersection of Flora Road and Mission Avenue is zoned R-4, and developed with an 18-lot subdivision for single- farnily homes. In 2004, the Hearing Examiner approved a rezone of such land front the UR-15 zone to the UR-7° zone, ender expired City zoning regulations; and a preliminary plat (Flora Estates)of such land under the UR-7* zone, See decision in File No REZ-11-04/SUB-48-04, (c) A total of 8.67 acres of land located along the north side of Boone Avenue, approximately 500 feet cast of the intersection of Flora Road and Boone Avenue and bisected by Arc: Street and Bell Street, is zoned R-4 and developed with a 38-lot subdivision for 18 single- family homes and 29 divided duplexes. In 2007, the Hearing Examiner approved a rezone of such land from the UR-3,5 zone to the UR_-7* zone, under expired City zoning regulations; and a preliminary plat (Valley Coach) of such land under the UR-7* zone, See decision in File No RE.Z-16-06iSUB-43-46. HE Findings, Conclusions and Decision SUB-0l-121'REZ-02-12 Page-4 (d) A total of 8.116 acres of land located along the north side of Indiana Avenue, east of Long Road and directly northwest of the intersection of Indiana Avenue and Greenacres Road, is zoned R-4 and developed with a 37-lot subdivision. In 2006, the Hearing Examiner approved a rezone of such land to the UR-7* zone, under expired City zoning regulations; and a preliminary plat (Greenacres Valley Estates) of such land under the UIt-74' zone, See decision in File No. RBZ-2 S-O5/SUB-13-05. (e) The land lying north of Indiana Avenue, west of Flora Road, is zoned Single-Family Residential Suburban District (R-2); and consists of lots and acreage parcels that are developed with single-family dwellings or are undeveloped. (#) Approximately 6.8 acres of land located at the northwest corner of Boone Avenue and Long Road are zoned ParksiOpen Space(P/OS), and are being developed for a city park. The land located along the Spokane River, west of the site, is similarly zoned. See 2012 aerial photo, Comprehensive Plan map and zoning map in Exhibit 14, 27. In 2008, the 1-baring Examiner approved a preliminary plat (Sommerset Estates) to divide 4.06 acres located at the northeast corner of Flora Road and Boone Avenue, zoned UR-7' under expired City zoning regulations, into a maximum of 20 lots for single-family dwellings; and an additional 1.04 acres of adjacent land to the north, zoned R-3, into a maximum of five (5) lets for single-family dwellings. See Hearing Examiner decision in File No. REZ-19-07ISUB-06-07. Such land is currently zoned R-3,and has net been finally platted. 28, In 2005, the Hearing Examiner approved a preliminary plat (Flora Meadows) to divide 9,1a acres of land located at the northeast corner of Baldwin Avenue and Flora Road into 50 lots for single-family dwellings, and a Planned Unit Development (PUD) Overlay zone; in the now expired UR-7* zone. See decision in File No. SUB-04-051PUD-O2-05, Such land is currently zoned R-3, and has been finally platted and developed with single-family dwellings. 29. In 2003, the Hearing Examiner approved a preliminary plat (Flora Springs), and PUD Overlay zone, to divide 9.54 acres of land located along the north side of Mission A-venue, approximately 950 feet east of Flora Road and 964 feet west of Long Road, into 54 lots for single- family dwellings; in the now expired UR-7 zone. See decision in File No PE-1921-031PUDFd-5- 03. Such land is currently zoned R-3, and has been finally platted and developed with single- family dwellings. 30. On October 28, 2007, the City expanded and re-codified the Uniform 1 evelopment Code (UDC)provisions in the SV1v1C,repealed its past zoning and subdivisions regulations, and adopted new zoning maps to implement the new zones in tbo UDC. This reclassified the R-3 zoning in the Flora Estates, Flora Ridge, Valley Coach Estates, and Greenacres Valley Estates preliminary developments to R-4. 31. The acreage parcel located directly southwest of the site, formerly improved with a greenhouse use and residence; a smaller parcel lying one parcel south of the site; and the land lying south of Mission Avenue west of Flora Road is designated in the Mixed Use Center category of the Comprehensive Plan,and zoned Mixed Use Center(MUC). HE Findings, Conclusions and Decision SUB-01-12/REZ-02.12 Page 5 32. The land zoned R-3 lying near the site generally consists of single-family homes on lots and parcels of various sizes; with the subdivisions located east of Flora Road described above. The land zoned MUC to the southwest and south generally consists of vacant land; except for some smaller parcels zoned MUG to the south. See 2012 aerial photo in Exhibit 14. 33. A roundabout intersection was recently installed by the City at the intersection of Mission Avenue and Flora Road, and Mission Parkway was extended cast to the roundabout in a one-way configuration. West of its one-way configuration, Mission Parkway merges into Indiana Avenue; which road extends as a two-way road all the way west to Sullivan Road and Interstate 90, Freeway interchanges along I-90 are located at Sullivan Road and Barker Road, 34. Various commercial and light industrial uses have recently been developed along Indiana Avenue west of Mission Parkway, A wide range of commercial uses is found along Broadway Avenue, east of Sullivan Road. Broadway extends east to Flora Road, south of the site. 35. The City Arterial Street Plan set forth in the Comprehensive Plan designates Long Road as a proposed Collector Arterial; Flora Road, north of Mission. Avenue, as a Collector Arterial; Flora south of Mission, Mission Parkway, Mission Avenue, and Indiana Avenue west of Flora as proposed Minor Arterials; Broadway Avenue, west of Long Road, as a Minor Arterial; and Barker Road and Sullivan Road in the area as Principal Arterials, 36. The Spokane River meanders southwesterly through the area, and is located approximately 250 feet west of the site and 630 feet north of the site. The Spokane Centennial Trail, a regional public trail system, borders the south side of the river in the area. 37. Public opposition expressed to the rezone portion of the application included a letter submitted by the "North areenacres Neighborhood", signed by area residents Mary Pollard and Nancy "Pete" Miller, and with a Baldwin Avenue address; and a letter containing similar content signed by area residents that represent 15 property ownerships located aIang flora Road, Indiana Avenue, Baldwin Avenue and mission Parkway in the area. No testimony was submitted at the hearing in opposition to the application. 38. The concerns expressed by project opponents included that the property is surrounded by R-3 zoning,the small amount of MUG zoning that borders the southwest boundary of the site is clearly a zoning boundary that does not provide an excuse for higher density, the maximum 7,500-square foot lots allowed under R-3 zoning are appropriate and adequate for the site, the greenhouse and private resident that previously existed on the adjacent land zoned MtJC does not provide justification for higher residential density on the site, the inability to extend through streets to the north and west in the area (due to the location of the river) creates a public safety concern for the increased traffic generated by the project, diesel equipment used in construction of the subdivision should be retrofitted to current emission standards,and the project only benefits the developer and site owners to the detriment of area residents. HE Findings, Conclusions and Decision SUB-01-12'RE02-12 Page 6 39. The Low Density Residential category of the Comprehensive Plan addresses a range of single-family residential densities from 1-6 dwelling units per acre; and is implemented by the R-1, R-2, R-3 and R-4 zoning districts. 40, The Staff Report sets forth relevant policies of the Comprehensive Plan for the application. The policy most relevant to the proposed rezone is Policy LUP-1.7; which states that zone changes should be allowed within the Low Density Residential category of the Comprehensive Plan when specific criteria are met. This may include substantial changes within the area the availability of adequate facilities and public serviees, and consistency with residential densities in the vicinity of the rezone site. 41. SVMC 19.40,040 and SVMC 19.40.050 describe both the R--3 district and the R-4 district as low density residential development that is intended to preserve the character of existing development, subject to the dimensional standards of SVMC Chapter 19.40 that are respectively established for such districts. 42. The minimum. Jot size, width and depth in the R-3 district are respectively 7,500 square feet, 65 feet and 90 feet; and are respectively 6,000 square feet, 50 feet and 80 feet in the R-4 district. The maximum lot coverage in the R-3 district is 50%, and is 55% in the R.4 district. The minimum setbacks and maximum building height are the same in both districts. 43. The R-3 and R-4 districts each permit single-family and duplex dwellings. The R-4 district permits multi-family dwellings, townhouse dwellings, and certain institutional-type residential uses not permitted in the R-3 district. The current application proposes only single-family dwellings, at a gross density of approximately 5,2 dwelling units per acre. 44. The Staff Report recommended no conditions of approval for the rezone application; but recommended the adoption of the conditions recommended by the City Community Development Department, other city departments, and other public agencies for the preliminery plat application. 45. The applicant submitted a trip distribution letter for the project from Anna Winkler, a qualified traffic engineering consultant. The letter found that the project would generate 49 PM peak hour trips; with 10% of the trips distributed north on Flora Road to Montgomery Avenue and 90% south on Flora to Mission Avenue; and with 50% of the trips at Mission Avenue distributed west on Mission, 30% to the south on Fiore, and 10% to the east on Mission. 46. City Traffic Engineering issued a certificate of transportation concurrency for the application. The certificate found that the application would generate less than 49 PM peak hour trips, and is exempt from traffic study requireinenls; sufficient roadway capacity exists, or is programmed to exist with future roadway improvements, on the City street system to accommodate the uses and densities proposed in the project; city intersections impacted by the project will not be significantly affected in terms of level of service; and meets the transportation concurrency requirements of the SVIVIC, The certificate noted the recent intersection improvements at Mission and Flora, and Indiana Avenue and Mission Parkway; cited the analysis of 2014 traffic volumes at the Flora and Mission intersection in the Mission Apartments traffic impact analysis; and noted the excellent HE Findings, Conclusions and Decision SUB-01-12/REZ.02w12 Page 7 existing and projected future levels of service at such intersections. See certificate issued on i 1-5- 12 by City Traffic Engineering, 47. The traffic impacts of the project ore directed mostly south on Flora Road, south of Mission (27%); or west on Mission Avenue (46%). Mission Avenue and Flora south of Mission are both designated as proposed Minor Arterials, so are designed for or being planned to carry large volumes of traffic. Flora would be widened along with the installation of curb and sidewalk,along the frontage of the site; under the City Engineering conditions for the project. 48. There is no competent evidence in the record, of a traffic engineering nature, establishing that the application fails to meet transportation concurrency requirements, or will have any adverse impacts on City streets or neighboring intersections. 49, The project will be served with public sewer and water, County Utilities, and Consolidated Irrigation District No, 19, respectively certified that the preliminary plat meets the public sewer and public water concurrency requirements set forth in the SVMC. 50. The SVMC does not require direct concurrency for schools or parks. Central Valley School District#356 did not comment on the project. The City has recently developed a new City park on 8.5 acres near the site, which provides the City with adequate park capacity to meet the level of service for parks adopted in the Comprehensive Plan. See page 6 of Chapter 9 of Comprehensive Plan. 51. As set forth in the Staff Report, the preliminary plat complies with the zoning standards of the R-4 district; and complies with all applicable standards and requirements set forth in the UDC. 52. Public agencies did not object to either application, or the environmental impact generated by the proposal. The environmental checklist submitted by the applicant, and the DNS issued by the Community Development Department, properly addressed the environmental impacts of the application. 53. As set forth in the Staff Report, and as supplemented by the above findings, the preliminary plat is consistent with the Comprehensive Plan; will serve the public use and interest; and makes appropriate provisions for the facilities, services and factors set forth in RCW 58,17.110 and SVMC 20.20.100,. 54. The proposed rezone and preliminary plat meet the direct concurrency requirements for transportation,public sewer and water set forth in SVMO 22.20, 55. The proposed rezone, in conjunction with the preliminary plat, is consistent with the Comprehensive Plan; bears a substantial relation to the public health, safety and welfare; is appropriate for reasonable development of the property; is adjacent and contiguous to property of a higher zone reclassification;will not be materially detrimental to uses or property in the immediate vicinity of the site; and has merit and value for the community as a whole. The following facts support such findings: HE Findings, Conclusions and Decision SUB-01-12IREZ-02-12 Page 8 (a) The site is designated in the Low Density Residential category of the Comprehensive Plan,and the R-4 district is an implementing zone for such category. (b) The land adjoining the site to the southwest is zoned MUC, a more intense zone than the R-3 district or R-4 district; and the proposed R-4 district provides zoning transition between such MUC zoning and the R-3 zoning north and east of the site. (c) The R-4 district is a residential zone similar to the R-3 district,but with somewhat more intense development standards and allowed uses. The R-4 district provides more flexible development standards for the fill-in development of residential land, such as the project site. (d) The preliminary plat proposes the development of single-family dwellings, the same use as neighboring properties; has a gross density similar to nearby subdivisions developed under the R-4 district and/or prior UR-7* zoning; will not adversely impact the character of neighboring land uses;and is consistent with the Comprehensive Plan. (e) The site is served by a high level of public services and facilities, including public sewer and water, and modern utilities; will provide proportionate road improvements along Flora Road; and is located along or close to major transportation and commercial corridors in the City. (1) The installation of a roundabout at the intersection of Mission and Flora, and the extension of Mission Parkway between Flora Road and Indiana Avenue to the west, is a recent changed condition that supports the approval of the rezone. 56. The preliminary plat has been conditioned for compliance with the R-4 district,the UDC, and other applicable development regulations. Rased on the above findings of Fact,the Hearing Examiner enters the following: III. CONCLUSIONS OF LAW 1. Certain minor changes should be made to the conditions of approval to ensure clarity and compliance with the development regulations applicable to the project. 2, The proposed rezone to the R-4 zone complies with the rezone criteria set forth in SVIvIC 19.3D.030, 3. SVMC 19.30.434 erroneously states that site-specific zoning map amendments shall be processed pursuant to SVMC 17.X0.140, which section applies to Comprehensive Plan amendments and area-wide re cries processed through the Planing Commission and City Council. SVMC 18.20.034(A)(5}(h) expressly vests the it-fearing Examiner with authority over site-specific rezones that are not processed at the same time as an implementing Comprehensive Plan amendment for the same site, such as the proposed rezone, HE Findings, Conclusions and Decision SUE-01-12IRBZ-02-12 Page 9 4. Washington case law requires the proponent of a rezone to establish, by a preponderance of the evidence, that the proposed rezone bears a substantial relationship to the public health, safety or general welfare; and that a substantial change of circumstances has occurred in the area. However, proof of a substantial change of circumstances is not required if the rezone implements the comprehensive plan of the local government. 5. The proposed rezone to the R-4 zone implements the Comprehensive Plan; and bears a substantial relationship to the public health, safety or welfare. 6, As conditioned, the preliminary plat application complies with the direct concurrency requirements set forth in SVMC Chapter 21.20 (Concurrency). 7. The preliminary plat application, as conditioned, complies with the R-4 district, zoning, subdivision and other requirements for Iand development set forth in the UDC; and with other applicable development i'agulations. 8. The preliminary plat and dedication, as conditioned, conform to the Comprehensive Plan and will serve the public use and interest. 9. The preliminary plat and dedication, as conditioned, malice appropriate provision for the public health, safety and general welfare; for all other requirements found to be necessary and appropriate and for which written standards and policies have been adopted; and for open spaces, streets, alleys, drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks and other planning features for children who only walk to and from school, noise and dust emissions, sanitary wastes and sewer, public potable water supplies, easements, utilities, critical areas, and all other relevant facts as specified in RCW 58.17,11 0 and SVIvMC 20.20.100, 10. The procedural requirements of the State Environmental Policy Act arid SVMC Title 21 (Environmental Controls)have been met. 11. Any conclusion of law above that is a finding of fact is hereby deemed such. 12. The approval of the preliminary plat and rezone application, as conditioned, is appropriate under SVMC 19.30.030, SVMC Title 20 (Subdivision Regulations), SVMC Chapter 18.20 (Hearing Examiner), and RCW Chapter 58.17. IV. DECISION Based on the Findings of Fact and Conclusions of Law above, the consolidated application for a preliminary plat and zone reclassification in the above file is hereby approved, subject to the conditions of the various agencies specified below. Any conditions of approval of public agencies that have been .added or significantly altered by the Examiner are rtraiicta d. FIE Findings, Conclusions and Decision SUB-111-121REZ-02-12 Page 10 This approval does not waive the applicant's obligation to comply with all other requirements of other public agencies with jurisdiction over land development, Co ditians of Avr}roval: The "applicant", as referenced in the conditions of approval below shall be deemed to include the owner and developers of the site, and their successors-in- interest. A, General Conditions: SPOKANE VALLEY PLANNING DIVISION: 1, The preliminary plat shall have a maximum of forty-eight(48) residential lots, and shall be designed substantially in accordance with the preliminary plat map of`record submitted on October 8, 2072. Pursuant to Section 20.50,020 of the Spokane Valley Municipal Code (SVMC), any increase in the number flots, substantial change to the derign nf'the preliminary plat, or significant amendment to the conditions of approval for the preliminary plat shall require the submittal and processing of a elrwige of conditions application, and the approval of such application by the Hearing Examiner after a public hearing, Minor modifications may be processed a dmitiistratively by the Planning Division under SVMC Chapter 20. 0 (Preliminary Plat, Short plat, and Binding Site Plan Alterations). 2. Pursuant to SVMC 20.30.060 (Extensions of Time), an application form and supporting data for time extension requests must be submitted to the Director at least thirty (30) calendar days prior to the expiration of the preliminary plat approval. 3. Pursuant to SVMC 2020, 150 (Prohibition against sale, Pease or transfer of property) any sale, lease, or transfer of any lot or parcel created pursuant to the S VIVIC that does not conform to the requirements of the preliminary plat approval or that occurs without approval, shall be considered a violation of Chapter 58.17 ROW, and shall be restrained by injunctive action and shall be illegal, as provided in Chapter 58.17 ROW, Each sale, lease, or transfer of each separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a separate and distinct offense, 4, SVMC 20,20,080 (Professional Land Surveyor) requires the preparation of all preliminary • and final subdivisions to be made by or under the supervision of a professional land surveyor. The professional land surveyor shall certify on the final plat that it is a true and correct • representation of the lands actually surveyed, A survey is required on all final plats. All surveys shall comply with the Survey Recording Act (ROW Chapter 58,09), Surrey and Land Descriptions(WAC Chapter 332-130), 5 Pursuant to SVMC 20,30.050 (Expiration of Preliminary Approval), preliminary plats approved prior to December 33, 2014 automatically expire seven (7) years after preliminary approval is granted, unless a time extension is approved for the preliminary plat. If a request for an extension of time is not submitted at least 30 days prior to the date of expiration of the preliminary plat an February 15,.2020, and approved by the Department, the preliminary approval expires and the preliminary plat is null and veld. HE Findings, Conclusions and Decision SUB-01-12/1 Z-02-12 Page 11 6. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan), the City of Spokane Valley shall record the final plat with the Spokane County Auditor's Office upon receipt of all required signatures on the face of the plat. 7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant prior to recording, Friar to or at the time of application for a final Mat. the applicant shall provide for or ensure the following: S. Short plat No, SPIP-08-12 must be recorded, 9. The final plat application shall comply with all submittal requirements specified in SVMC Chapter 20410. 10. The face of the final plat shall state: "All lots within this plat shall comply with the building setback requirements, maximum building height standard, maximum lot coverage standard and other applicable lot development standards for the R-4 zoning district, or successor zoning designation to the extent permitted by Washington State law in effect at the time of building permit application,' 11. The preliminary plat shall be finalized in the proposed phases. If phasing changes, an amended map must be submitted to the City's Planning and Development Engineering Divisions to ensure services will be installed to serve development, a. Phase I: Blocks 1, 2 and 3 b. Phase II: Blocks 4, 5 and 6 SPOKANE,VALLEY BUILDING DIVISION: 12. The following addresses have been assigned and shall be designated on the final plat: Bleck I Lot 1 17030 E.Baldwin Avenue Lot 2 17024 E.Baldwin Avenue Lot 3 17018 E. Baldwin Avenue Lot 4 17012 E. Baldwin Avenue Lot 5 17008 E.Baldwin Avenue Lot 6 17002 E.Baldwin Avenue Lot 7 16926 E. Baldwin Avenue _ Lot 8 16922 E. Baldwin Avenue L Block Lot 1 17029 E. Baldwin Avenue Lot 2 17021 E.Baldwin Avenue L©t 3 17017 E.Baldwin Aver= Lot 4 3904 N,Steaen Lane or 17014 E.l'esclautes Avenue Lot 5 37003 E.Baldwin Avenue Lot 6 17007 B. Baldwin Avenue Lot 7 169'27 E. Baldwin Avenue HE Findings, Conclusions and Decision SUB-0 I-12/REZ-02-12 Page 12 Lot 8 16923 E.Baldwin Avenue Lot 9 1903 N.Steen Lane or 16918 E.Deschutes Avenue Block 3 Lot 1 1907 E. Deschutes Avenue Lot 2 1911 E.Deschutes Avenue Lot 3 1917 E.Deschutes Avenue Lot 4 1918 E Deschutes RIME 1912 E, Deschutes Avenue Lot +1` Lot 7 1919 E,Deschutes Avenue Block 4 Lot 2 « E.Baldwin Lot +1 Baldwin Lot 4 1825 N.Steen Road Lot 5 1815 N, Steen Road Block Lot 67 11.680916NiSi3teaolidlwRionaAdvunue Lot 1 I 7.019 E.Nil a Avenue Lot Nora Avenue Lot 3 17007 E.'Nora Avenue 16929 Nora Lot 5 16925 Lot 6 16921 E.Nora Lot 7 1729 N.Steen Road i Lot 1721 N.Steen Road Block# Lot 1 1701.6 E. Nora Avenue Lot 2 17010 Nora Avenue Lot 1i# E.Nora Lot 4 16928 E.Nora Avenue Lot.5 16924 E.Nora Avenue Lot 6 16920 E.Nora Avenue Lot 7 16914 E.Nora Avenue Lot 8 16908 E.Nora Avenue Lot 9 16904 E.Nora Avenue SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION: 13. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering documents (including civil/street plans, drainage plates, drainage calculations, traffic studies, shared access driveway plans, etc.) The plans shall conform to the 2009 City of Spokane Valley Street Standards (or as amended), the 2008 Spakatie Regional Stormwater Manual (or as amended), the City of Spokane Valley Municipal Code and all other federal, state and local regulations, as applicable. 14. The review of civil plans and supporting documents cannot proceed until an application for a Land. Disturbance permit has been received. All documents (plans, repasts, etc.) must be submitted through the Ridding Department Permit Center located at 11703 E Sprague Avernus, Suite B-3. HE Findings, Conclusions and Decision SUB-01-12REZ-02-12 Page 13 15, Frontage improvements are required for Flora Road pursuant to Chapter 2 of the Street Standards, and are described below. The following information and requirements apply for determining right-of-way and border easement dedications: Flora Road is designated as a Collector Arterial street, Frontage improvements shall include 20 feet of asphalt width from road centerline, Type B curb and gutter (2 feet wide), a 10- foot wide roadside swale, and a 5-foot wide sidewalk. The total width of improvements is 37 feet, The current right-of-way is 60 feet; and one-half('/a) of the right-of-way is 30 feet. The minimum Va right-of-way width, which is 2 feet behind the back of the curb, is 24 feet. A border easement, which extends from the right-of-way to back of sidewalk, of 7 feet is required. The border easement width was determined assuming that the center of the mad coincides with the center' of the right-of-way. The applicant shall confirm the right-of-way location and width(s). Note: The building setback begins at the edge of the border easement, 16. The internal streets shall be designated and designed as local access public streets per Typical Street Section R-120. Any right-of-way and/or border easement dedications shall be designated and stated on the final plat language and map. Note: The building setback begins at the edge of the border easement. Where streets end at the plat boundary, the right-of-way and border easements shall continue to the plat boundary. 17. The internal private street (Steen Lane) was reviewed to determine the connectivity needs and impacts of the surrounding area. Based on this review, the City will allow the private street as proposed, pursuant to City Street Standards Section 7.3.2. The private street shall be designed. per the Street Standards in Chapter 7, and Standard Plan R-133. 18. The project does not require a turn-around at the end of Nora Ave, 19. A Certificate of Transportation Concurrency was issued for the project on November 5, 2012, by the Senior Traffic Engineer. 20. The driveway approach design shall follow the 2009 City Road Standards, or as amended, 21. All stormwater facilities shall be designed per the Spokane Regional Storrnwater Manual (SRSM), Linear roadside facilities such as swales shall be located within the right of way and/or border easements when adjacent to public streets, or within a tract or easement when adjacent to a private road or driveway serving more than one lot. 22. A Homeowner's Association (MA) is required for the perpetual operation and maintenance of the on-site private street and associated facilities; including but not limited to the stormwater systems at the end of the service life of their respective components, and any other improvements that may be legally requited in the future, A draft copy of the CC&Rs for the HOA is required to be submitted with the drainage submittal. HE Findings, Conclusions and Decision SUB-01-12/R.EZ-02-12 Page 14 23. An Operations and Maintenance Manual, per Chapter 11 of the Spokane Regional Stormwater Manual, shall be submitted with the initial submittal of final design plans for the street end/or stormwater systems. 24. The Street Standards Appendix 4A shall be used for the Standard Plan Notes, rather than those in the Spokane Regional Stormwater Manual Appendix 3D. 25. All utility easemetzts (i.e. Teleploatte, power, etc.) shall be shown on the final plat. The permittee is responsible for arranging for all necessary utility adjustments, relocations, or improvements that are required for completion of the project. The developer needs to contact the purveyors of each effected utility regarding private service, utility improvement, and any relocation and adjustment costs. All rigid objects shall be located out of the clear zone. These clear zone requirements can be found in the 2009 City of Spokane.Valley Street Standards, or as amended, 26. If sewer .and/or water needs to be brought to the properties, and this requires an Engineering design, the applicant shall submit copies of the approved sewer and water plans to Development Engineering. The civil plans for the project are required to show the extents of pavement removal and replacement. 27. All new dry wells and other injection wells must be registered with the Underground Injection Control. program (UIC) at Department of Ecology prier to use, and the discharge from the well(s) must comply with the ground water quality requirement (nonendangerment standard) at the top of the ground water table. Contact the UIC staff at UIC Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to: h sJl www,ecy,Wc.Rovlrarvgraamslwalgrncl wtrluiclregistrationireR infoluml for registration forams and further information. Copies of the registration for drywells, which receive public road stormwater runoff, are to be sent to Development Engineering. The City of Spokane Valley NPDES Permit Number is WARO4-6507. 23. A Construction Stormwater Permit shall be obtained from the Department of Ecology if both of the following conditions apply: a. The construction project disturbs one(1)or more acres of land (area is the cumulative acreage of the entire project, whether in a single or in a multiphase project), and b. If there is a possibility that stormwater could run off the site during construction, and into surface waters or into conveyance systems leading to surface waters of the State. Construction site operators must apply for a permit 60 days prior to discharging stormwater. More information eau be obtained from htto:llwww.ecv.wa,aovfproerams/ w fstortfwatericonstruGtrQn. Prior to or durin_ on-site construction the applicant interest shall provide for or ensure the following: 29. A pre-construction conference with Development Engineering is required prior to the stall of constnretion. The grading permit must be taken out prior to scheduling the pre-construction HE Findings, Conclusions and Decision SUB-01-121REZ-02-12 Page 15 meeting, with proof of the permit issuance provided at the meeting. During the meeting, standards and submittal requirements for the Construction Certification will be given to the project erngineerlinspector. 30.. For construction affecting a public right-of-way, a sign shall be securely posted at each ingress to the project area at least forty-eight(48) hours prior to construction. The sign must be clearly visible from the right-of-way, and provide project construction details. See Section 9.7 of the Street Standards, 31. Permits are required for any access to or work within the right-of-way of the Spokane Valley roadway system, A traffic control plate will be reynired to accompany the right-of-way obstruction permit 32.. The TTESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the start of site work, and maintained throughout the duration of construction and until the site has stabilized. 33. All survey monuments shall be protected during construction, Any disturbed or damaged monuments shall be replaced prior to certification/final plat andlor release of surety, 34. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject to inspection by the City Senior Development Engineer or by his staff 35. Upon completion of the improvements, a Construction Certification package and record drawings are required for the improvements and shall be submitted and approved prior to Final Plat approval. 36• For sureties, the City only accepts Letters of Credit or Cash Savings Assignments. Prior to the submittal of or in association with a final plat, the applicant shall provide or ensure the following: 37. Right-of-way dedication and border easements must be designated on the final plat map 38. The Homeowner's Association UBI number shall be referenced on the face of the Final Plat. 39, Plat language will be determined at the time of final plat submittal. Plat language shall be obtained by contacting Development Engineering after civil plan approval and/or prior to first submittal of final plat. SPOKANE COUNTY DIVISION OF UTILITIES: 40. Pursuant to the SVNIC, the dedication shall state: "Public sewers shall be constructed to provide for the connection of each parcel to the County's system of sewerage. Uses on HE Findings, Conclusions and Decision SUB-01-12/REZ-02-12 Page 16 properties within the project shall be required to connect to the sewer and pay applicable charges per the County Sewer Ordinance. Sewer connection permits shall be required,' 4L A Public Sanitary Sewer easement shall be shown on the face of the plat, The final plat dedication shall state: "The perpetual easement granted to Spokane County, its successors and assigns is for the sole purpose of constructing, installing, operating, maintaining, repairing, altering, replacing, removing, and all other uses or purposes which are or may be related to a sewer system. Spokane County its successors and assigns at all times hereinafter, at their own cost and expense, may remove all crops, brush, grass or trees that interfere with the constructing, installing, operating, maintaining, repairing, altering, replacing, removing, all other uses or purposes which may be related to a sewer system. The Grantor(s) reserves the right to use and enjoy that property which is the subject of this easement for purposes which will not interfere with the County's full enjoyment of the rights hereby granted; provided, the Grantor(s) shall not erect or construct any building or other structure or drill on the easement or diminish or substantially add to the ground cover over the easement. The easement described hereinabove is to and shall run with the land." 42, The applicant shall submit expressly to the Spokane County Division of Utilities, under separate cover, only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Prior to plan submittal, the applicant is required to contact Billy Ur'hausen at 477-3604 to discuss the details of sewer plans, 43. Sewer plans acceptable to the Division of Utilities shall be submitted prior to finalization of the preliminary plat. "H. Pursuant to the SV'NMC, security shall be deposited with the Division of Utilities for the construction of the public sewer connection and facilities, and for the prescribed warranty period. Security shall be in a form acceptable to the Division of Utilities, and in accordance with the Spokane County Sanitary Sewer Ordinance. 45. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design Plans, SPOKANE REGIONAL I-IEALTH DISTRICT: 46. The final plat shall be designed substantially as indicated on the preliminary plat of record, and/or any attached sheets as noted. 47. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, Spokane Valley Engineer, and the Spokane Regional Health District. Written approval of the easements by the utility companies shall be received prior to submittal of the final plat. 48. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. HE Findings, Conclusions and Decision SUB-151-121REZ-02.12 Page 17 49. Water service shall be coordinated through the Director of Utilities, Spokane County. 50. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. 51. Prior to filing the final plat, the applicant shall demonstrate to the satisfaction of the Spokane Regional Health District that an adequate and potable water supply is available to each lot of the plat. 52. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. 53. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire protection use shall he approved by the water purveyor. Said water plan must have been approved by the fire protection district arid 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 respective needs. The water plan and certification will be drafted on a transparency suitable for reproduction. 54. The purveyor will also certify prior to filing the final plat on a copy of said water plan that appropriate contractual arrangements have been made with the plat sponsor for construction of the water system, in accordance with the approved plan and time schedule. The time schedule will provide, in any case, for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the plat. The contractual arrangement will include a provision holding City of Spokane Valley, Spokane Regional Health District, and the purveyor harmless from claims by any lot purchaser refused a building permit due to failure of the plat sponsor to satisfactorily complete the approved water system. 55. A public sewer system will be made available for the lot and individual service will he provided to each lot prior to sale. The use of individual on-site sewage disposal shall not be authorized. 56. The final plat cledicatlon shall state: "A public sewer system will he made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized." 57. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." 58. The final plat dedication shall state: "The public water system, pursuant to the Water plan approved by Regional and State health authorities, the local fire protection district, City of Spokane Valley and water purveyor, shall be installed within this subdivision, and the applicant shall provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot." • HE Findings, Conclusions and Decision SUB-Ol-12111EZ-02-12 Page 18 SPOKANE VALLEY FIRE DEPARTMENT(SPOKANE COUNTY FIRE DISTRICT 1): 59. The portion of the private road running east-west through Block 3 shall be named "Deschutes Lane". 60 An additional fire hydrant shall be provided on the northeast corner of Nora Avenue and Steen Road, 61. Fire apparatus access roads greater than 26 feet wide, Out less than 32 feet wide, shall be posted on one side as"No Parking-Fire Lane." SPOKANE TRIBE OF INDIANS; 62. The applicant shall coordinate with the Spokane Tribe of Indians to conduct an archeological survey and tribal monitoring of all earth moving activity. Submit copy of survey to City and verification of Tribes' acceptance. 63. Pursuant to ROW 27.53.060, on the private and public lands of this state it shall be unlawful for any person, firm, corporation, or any agency or institution of the state or a political subdivision thereof to knowingly remove, alter, dig into, or excavate by use of any mechan cal, hydraulic, or other means, or to damage, deface, or destroy any historic or prehistoric archaeological resource or site, or remove any archaeological object from such site, except for Indian graves or cairns, or any glyptic or painted record of any tribe or peoples,or historic graves as defined in chapter 68.05 RCW, disturbances of which shall be a class C felony punishable under chapter 9A.20 RCW, without having obtained a written permit from the Director of the Washington State Office of Archaeology and Historic Preservation for such activities. Upon any discovery of potential or known archaeological resources at the subject properties prior to or during future on-site construction, the developer, contractor, and/or any other parties involved in construction shall immediately cease all on-site construction, shall act to protect the potential or known historical and cultural resources area from outside intrusion, and shall notify, within a maximum period of twenty-fours from the tune of discovery, the City of Spokane 'Valley Community Development Department of said discovery. SPOKANE REGIONAL CLEAN AIR AGENCY 64. Dust emissions during demolition, construction, and excavation projects shall be controlled. Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers or suspension of activity during certain weather conditions. 65. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto ,paved surfaces, If tracking or spills occur on paved surfaces, measures must be taken immediately to clears these surfaces. 66. Debris generated as a result of this project shall be disposed of by means other than burning. HE Findings, Conclusions and Decision SUB-01-12/REZ-02-12 Page 19 67. If objectionable odors result from this project, effective control apparatus and measures shall be taken to reduce odors to a minimum. 68. Special attention shall be given to proper maintenance of diesel powered construction equipment to reduce the impact of diesel exhaust, a suspended carcinogen, 69. A Notice of Construction and Application for Approval shall be submitted and approved by SCAPCA prior to the construction, installation, or establishment of an air pollution source, This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas heating equipment units rated at 4 MivMBTU/hr or higher(input), and heating equipment Units fired with other fuels(e.g. diesel)rated at 1 MMBTUilir(input) or higher. Contact Spokane Clean Air for a Notice of Application. 70. A Notice of Intent shall be submitted to Spokane Clean Air prior to ally demolition project or asbestos project. An asbestos survey trust be done by an AHERA accredited building inspector prior to the demolition or renovation of buildings to determine if asbestos-containing material is present at the site, Contact Spokane Clean Air for a Notice of Intent application. DATED this 15i11 clay of February,2013 SPOKANE VALLEY HEARING EXAMINER eIJ e/ 1} y Iblichae C. Dempsey, WSBA#823 HE Findings, Conclusions and Decision SUB-01-12dREZ-02-12 Page 20 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL This decision was mailed by regular mail to the Applicant,and to all government agencies and persons entitled to notice under Section 17.50.130(4) of the SVMC,on February 15,2013, Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code(SVMC), the decision of the Hearing Examiner on a site-specific amendment to the City of Spokane Valley zoning map (i.e. site specific rezone) is final and conclusive unless within fourteen (14)from the date the Examiner's decision was mailed, a party with standing appeals the decision to the Spokane Valley City Council pursuant to Section 17,90.070 of the SVMC. THE APPEAL CLOSING DATE FOR THE PORTION OF THE HEARING EXAMINER'S DECISION APPROVING THE SITE-SPECIFIC MAP AMENDMENT E) IS MARCH 1,2.013. Pursuant to SVI'vIC 17.90 and RCW Chapter 36.70C, the decision of the Hearing Examiner on an application for a preliminary plat is final and conclusive unless within twenty-one (21) calendar days from the date of issuance of the Examiner's decision, a party with standing files a land use petition in Superior Court pursuant to RCW Chapter 36.700. Pursuant to RCW chapter 36.70C, the date of issuance of the Hearing Examiner's decision on such application is three(3) days after it is mailed, THE APPEAL CLOSING DATE FOR THE PORTION OF THE DECISION APPROVING THE PRELIMINARY PLAT IS MARCH 21,2013. The complete record in this matter, including this decision, is on file during the appeal period with the Office of the Hearing Examiner,Third Floor, Public Works Building, 1020 West Broadway Avenue,Spokane,Washington, 99260-0245; and may be inspected by contacting Kristine Chase at (509) 477-7490. The file may be inspected during normal working hours, listed as Monday-Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:30 p.m. After-the appeal period, or if transferred sooner than the expiration of the appeal period, the file may be inspected at the City of Spokane Valley Departtnent of Community Development-Planning Division, 11707 E. Sprague Avenue, Spokane Valley, WA, 99206; by contacting Karen Kendall at (509) 921-1000. Copies of the documents in the record will be made available at the cost set by the City of Spokane Valley. Pursuant to RCW 36.7013.130, affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. HE Findings, Conclusions and Decision SOB-O1-12JR.EZ-02-12 Page 21