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HEX Decision SUB-02-12-REZ-03-12 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Preliminary Plat of Covey Glen North, and ) Rezone from the R-3 Zoning District to the R-4 ) Zoning District; ) FINDINGS OF FACT, ) CONCLUSIONS OF LAW, File No. SUB-02-12/REZ-03-12 ) 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 25, 2020; unless a time extension is approved under Section 20.30.060 of the Spokane Valley Municipal Code (SVMC). II. FINDINGS OF FACT Procedural Matters: 1. The consolidated applications propose a rezone of approximately 8.58 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 46 lots for single-family dwellings, in the R-4 district. 2. The site is located at the southwest corner of the intersection of Hodges Road and Sprague Avenue; in Spokane Valley, Washington. 3. The site is currently referenced as County Assessor's tax parcel nos. 55202.0159 and 55202.0160. The existing residences on the site are addressed at 19316 E. Sprague Avenue, and 128 S. Hodges Road; respectively. 4. The applicant is Landed Gentry Development, Inc.; addressed at do Dan Melville, 11019 E. Upriver Drive, Spokane, WA 99206-4544. The site owner is LaFrance Family Revocable Living Trust; addressed at P.O. Box 370, Greenacres, WA 99016-8517. 5. On October 8, 2012, the preliminary plat application and the rezone application making up the consolidated applications each met the requirements for a complete application. The applications were deemed complete by the City Community Development Department ("Department") on October 9, 2012. 6. On December 14, 2012, the Department issued a Mitigated Determination of Nonsignificance (DNS) for the consolidated applications. The MDNS was not appealed. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 1 7. On January 31, 2013, the Hearing Examiner conducted a public hearing on the consolidated applications. The notice requirements for the public hearing were met by the Department and the applicant. The Hearing Examiner conducted a site visit on January 25, 2013; and a follow-up site visit on February 22, 2013. 8. The following persons testified at the public hearing, under oath: Karen Kendall, Planner Inga Note, Traffic Engineer City Community Development Department Spokane Valley Public Works Dept. 11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Spokane Valley, WA 99206 Dan Melville Mindy Hymas 11019 E. Upriver Drive 403 S. Grady Lane Spokane, WA 99206-4544 Spokane Valley, WA 99016 Darla Krug Jacqueline Cypert 502 S. Grady Lane 19403 E. 4th Avenue Spokane Valley, WA 99016 Greenacres, WA 99016 Susan Holcomb Heidi Fowler 19412 E. Cecilia Avenue 120 S. Holiday Road Spokane Valley, WA 99016 Spokane Valley, WA 99016 Bonnie Kienbaum Kathy Lowry 121 S. Holiday Road 19317 E. 4th Avenue Greenacres, WA 99016 Spokane Valley, WA 99016 Chris A. Slater Mike Edwards P.O. Box 244 19205 E. 4th Avenue Spokane Valley, WA 99016 Greenacres, WA 99016 Marcia Macholl Margaret Kobylus 503 S. Grady Lane 19011 E. 4th Avenue, Apt. 203 Spokane Valley, WA 99016 Greenacres, WA 99016 Bill Jenner 11203 E. 24th Avenue Spokane Valley, WA 99206 9. The Hearing Examiner heard the consolidated applications pursuant to Chapters 17.80, 18.20, 19.30 and 20.30 of the Spokane Valley Municipal Code (SVMC); and Appendix B (Hearing Examiner Scheduling Rules and Rules of Conduct) of the Uniform Development Code (UDC) portion of the SVMC (SVMC Titles 17-24). HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 2 10. 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: 2012 Aerial Map Exhibit 5: Application Submittal Exhibit 6: Preliminary Plat 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: Power point presentation for Staff Report and Recommendations Exhibit 15: Comments received after staff report issued and before hearing: Emails from Daniel Melville and Rod LaFrance Emails from Chet and Mindy Hymas Email and attached letter from Steve and Juli Skinner, dated 1-25-13 11. Exhibits 1-13 were attached to the Staff Report prepared by the Department before the public hearing. Exhibits 14-15 were submitted by the Department at the hearing. 12. The Hearing Examiner takes notice of the SVMC, the City Comprehensive Plan, other applicable development regulations, and prior land use decisions in the vicinity. 13. 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, and the items taken notice of by the Hearing Examiner. 14. Prior to the hearing, the Hearing Examiner disclosed to Daniel Melville, the applicant's representative, via email that he is acquainted with Robert (Bob) and Mary Urbaniak; who reside a few blocks south of the site along Lone Tree Road, a few lots south of Fourth Avenue. The Examiner belongs to the same church as the Urbaniaks, and is in a church choir with Mary Urbaniak. Prior to the hearing, Robert Urbaniak signed a petition in opposition to the project; and Mary Urbaniak advised the Examiner that she was interested in the project, and many of her neighbors were opposed to the project. The Examiner advised Melville in his email that he was disclosing his acquaintance with the Urbaniaks under the appearance of fairness doctrine, but did not believe his acquaintance with the Urbaniaks would prejudice his review or decision on the application. 15. Daniel Melville for the applicant, and Rod LaFrance for the site owner, advised by email that they did not object to the Hearing Examiner hearing the application, based on their familiarity with the Examiner from other preliminary plat applications the applicant had respectively submitted to Spokane Valley and Spokane County, and the Examiner had heard and decided. The written HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 3 correspondence between the Examiner and Melville regarding the appearance of fairness issue was copied to Karen Kendall of the Department, and made part of the application file before the hearing. The Urbaniaks did not appear or testify at the hearing. See emails exchanged between Hearing Examiner and Daniel Melville. 16. During the hearing, Susan Holcomb testified in opposition to the project; and advised that she is employed as a nurse by the Hearing Examiner's family doctor, and is acquainted with the Examiner from his past visits to the doctor's office. Holcomb resides at 19412 E. Cecilia Avenue; which address is located one (1) block south of the site along the south side of the westerly terminus of Cecilia Avenue, in the Covey Glen final plat; on parcel no. 55202.2501. See parcel information in file. 17. Prior to Susan Holcomb presenting her testimony, the Hearing Examiner did not recognize Holcomb as a project opponent. No one at the hearing, including Daniel Melville for the applicant, expressed any concern that the Examiner's medical relationship with Susan Holcomb presented a conflict of interest or appearance of fairness issue. Description of Site: 18. The site is approximately 8.58 acres in size, relatively flat in topography, irregular in shape, and divided into two (2) parcels. 19. The site includes an approximately .43-acre parcel located in the southeast corner of the site; which is improved with a single-family dwelling (LaFrance residence) and residential landscaping, and accessed from Hodges Road. 20. The site also includes an approximately 8.15-acre parcel; the west portion of which is improved with a single-family dwelling, several large nursery/greenhouse buildings, and a florist shop building accessed from Sprague Avenue. The nursery and florist shop business closed in 2006. The unimproved portions of the parcel are used for agricultural crops and grazing, and are bordered with wire mesh fencing. See 2012 aerial photo in Exhibit 14, p. 10-11 of environmental checklist in Exhibit 10, and email from Rod LaFrance to Daniel Melville dated 1-30-13. Description of Preliminary Plat, and Pertinent Conditions of Approval: 21. The preliminary plat map of record submitted on October 8, 2012 ("preliminary plat map") illustrates division of the site into 40 lots ranging from 6,000-6,641 square feet in size, and averaging approximately 6,100 square feet in size; a 6,924-square foot lot and 7,233-square foot lot; three (3) lots that range from 8,401-8,968 square feet in size, and abut a cul-de-sac in the west portion of the project; and a 13,786-square foot lot that is located in the southeast corner of the site, and reserved for the LaFrance residence. The average lot size in the project is 6,472 square feet. 22. The residence and nursery buildings located in the west portion of the site would be removed for site development, while the LaFrance residence in the northwest corner would be retained. The LaFrance residence, and the new residences in the preliminary plat, would be served by public sewer and water. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 4 23. The preliminary plat map illustrates 10 common open space tracts ranging from 852 square feet to 5,698 square feet in size, and totaling 19,869 square feet in area; and a system of internal public streets that includes single connections to Hodges Road, Sprague Avenue and the currently unimproved right of way of Second Avenue, and a public street cul-de-sac. 24. The common open space tracts include 10-foot deep tracts extending along the north boundary of the preliminary plat adjacent to Sprague Avenue, on either side of the internal street intersecting Sprague; 20-foot deep tracts extending along the northerly portion of the east boundary of the preliminary plat, on either side of the internal street intersecting Hodges Road; and approximately 12.5-foot deep tracts extending along the easterly portion of the south boundary of the preliminary plat, on either side of the internal street intersecting the right of way for Second Avenue. Four (4) additional tracts, of different sizes and dimensions, are located along the internal streets in the interior of the preliminary plat. 25. The common open space tracts would be uniformly landscaped by the developer of the project, and also provide stormwater treatment and disposal; and are intended to enhance the aesthetic and community appeal of the project, in a unified theme. All 10 tracts would be owned and perpetually maintained by a homeowner's association in the project, under adopted covenants. See City Engineering condition#s 20, 21 and 29. 26. Six (6)-foot high sight-obscuring fencing is planned along the boundaries of the project adjacent to neighboring properties, with the intent of providing a unified type of construction. The conditions of approval submitted by the Department require screening, such as landscaping, to be installed along Sprague Avenue adjacent to Lots 3-7, Block 2. See depiction of landscaped tracts, in Exhibit 14; letter dated 9-21-12 from Daniel Melville to Karen Kendall, in Exhibit 5; testimony of Daniel Melville; and City Planning Division condition#10-11. 27. Development of the preliminary plat is planned in four (4) phases, as illustrated on the preliminary plat map. The gross density of the preliminary plat is approximately 5.36 dwelling units per acre. 28. The current site owner, the LaFrance trust, plans to retain the proposed lot lying directly north of the lot reserved for the LaFrance residence, for indefinite future use. Such owner also plans to retain the next adjacent lot to the north (located in phase 1), and the three (3) lots that shown abutting the LaFrance residence lot on the west (located in phase 2); for development by the developer of the phase of the project that contains such lots, after final approval of the phase. See p. 5 of preliminary plat application, and page 2 of rezone application, in Exhibit 5; and testimony of Daniel Melville. 29. City Engineering conditions of approval require the applicant to make the following described road improvements for the preliminary plat: (a) Improve the internal public roads in the preliminary plat with asphalt, curb, gutter, separated sidewalks and drainage swale facilities; to Local Access street standards. See letter dated 9-21-12 from Daniel Melville. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 5 (b) Improve Sprague Avenue and Hodges Road adjacent to the site to Collector Arterial street standards. This includes installing pavement to a width of 20 feet from centerline; installing curb, gutter, separated sidewalk and drainage swale facilities; dedicating 1.5 feet of right of way for Hodges Road; and reserving a border easement. (c) Improve Second Avenue adjacent to the site to Local Access street standards. This includes installing pavement to a width of 15 feet from centerline; installing curb, gutter, separated sidewalk and drainage swale facilities; adding 13 feet of additional pavement on the south side of the centerline of the street, for a total paved width of 28 feet; and reserving a border easement. (d) Contribute $11,522 to City Engineering, through a letter of credit; as a proportionate share of the cost of future road improvements to the Sprague AvenueBarker Road signalization project, which is listed on the City's 2012 Transportation Program. See testimony of Inga Note, and discussion on p. 5-6 of Staff Report. 30. The applicant plans to petition the City of Spokane Valley to vacate the right of way of Second Avenue adjacent to the site; to eliminate potential cut-through traffic between Barker Road and Hodges Road, and alleviate the applicant of the responsibility to improve Second Avenue adjacent to the site (subject to a preliminary plat modification). The vacation of a public street right of way requires a public hearing before the City Council, and approval of the petition under applicable street vacation statutes. Land Use Designations for Site and Neighboring Properties,Surrounding Conditions: 31. The site and neighboring land are designated in the Low Density Residential category of the Comprehensive Plan, and zoned R-3; except as follows: (a) The land situated a few blocks north of Sprague Avenue in the vicinity, west of Hodges Road and south of Laberry Drive, is designated in the Medium Density Residential category of the Comprehensive Plan, and zoned Multifamily Medium Density Residential (MF-1). Several acres of land located northwest of the site along the east side of Barker Road, directly south of the land zoned MF-1, are designated in the High Density Residential category of the Comprehensive Plan, and zoned Multifamily High Density Residential (MF-2). (b) Further to the north, along Appleway Avenue west of Hodges Road, the land is designated in the Corridor Mixed Use category of the Comprehensive Plan, and zoned Corridor Mixed Use (CMU). (c) The land lying east and southeast of the site in the area, east of Hodges Road and south of Sprague Avenue, is located in the unincorporated area of Spokane County and zoned Low Density Residential (LDR) under the Spokane County Zoning Code. (d) The land lying northeast of the site in the vicinity, east of Hodges Road and south of the City of Liberty Lake (and Appleway Avenue), is located in the unincorporated area of Spokane County and zoned Light Industrial (I-2) under the Spokane County Zoning Code. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 6 (e) Approximately 4.5 acres of land lying directly west of the southerly two-thirds (2/3) of the site, between and adjacent to Sprague Avenue and Fourth Avenue, are zoned R-4. In 2006, the Hearing Examiner approved a rezone of such land from the Urban Residential-3.5 (UR-3.5) zone to the Urban Residential-7 (UR-7*) zone, under now expired City zoning regulations; and approved a preliminary plat (McMillan Estates) to divide such land into 17 lots for single-family dwellings, under the UR-7* zone. The preliminary plat had an average lot size of approximately 10,600 square feet, with the smallest lot being 7,855 square feet in size; and a gross density of 3.72 dwelling units per acre. See decision in File No. REZ-27- 05/SUB-12-05. The UR-7* zone permitted a maximum residential density of six (6) dwelling units per acre. The final plat of McMillan Estates has been fully developed. (f) Approximately 3.48 acres of land lying south of the east portion of the site, between the right of way for Second Avenue and Fourth Avenue, west of and adjacent to Hodges Road, are zoned R-4. In 2006, the Hearing Examiner approved a rezone of such land from the UR- 3.5 zone to the UR-7* zone, under now expired City zoning regulations; and approved a preliminary plat (Covey Glen) to divide such land into 18 lots, including 16 lots for divided duplexes and two (2) lots for single-family dwellings, under the UR-7* zone. The divided duplex lots ranged from approximately 5,800-7,270 square feet in size, and averaged approximately 6,370 square feet in size; while the two (2) single-family lots were large lots reserved for an existing residence, and a proposed home adjacent to Fourth Avenue. The gross density of the project was approximately 5.17 dwelling units per acre, and the average lot size overall was approximately 7,600 square feet. See decision in File No. REZ-17- 05/SUB-11-05. (g) The final plat of Covey Glen has been fully developed; with the proposed duplex lots all appearing to be developed for single-family dwellings, with 5-foot minimum setbacks. See 2012 aerial photo, and Hearing Examiner site visits. (h) Approximately 4.85 acres of land lying a few blocks southwest of the site, north of and adjacent to Eighth Avenue, between Hodges Road and Barker Road, are zoned R-4. In 2003, the Hearing Examiner approved a rezone of such land from the UR-3.5 zone to the UR-7* zone, under now expired City zoning regulations; and approved a preliminary plat (Asher Place) to divide such land into 17 lots for single-family dwellings. The preliminary plat had 16 lots ranging from approximately 10,000-22,500 square feet in size, along with an 8,087- square foot lot; and a gross density of approximately 3.5 dwelling units per acre. See decision in File No. PE-1917-03/ZE-3-03. The final plat of Asher Place has been fully developed. 32. The developed final plats of Country Crossing and Country Crossing Addition are located on 18.7 acres of land lying directly south of Fourth Avenue, directly west of Hodges Road, and directly east of the Asher Place subdivision; and are zoned R-3. In 2004, the Hearing Examiner approved a preliminary plat (Country Crossing) to divide such acreage into 63 lots for single- family dwellings, in the UR-3.5 zone, under now expired City zoning regulations. The lots in the preliminary plat ranged from 10,000-16,755 square feet in size; and the preliminary plat had a gross density of 3.37 dwelling units per acre. See Hearing Examiner decision in File No. SUB-13- 03. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 7 33. On October 28, 2007, the City expanded and re-codified the Uniform Development Code (UDC)provisions in the SVMC, repealed its past zoning and subdivisions regulations, and adopted new zoning maps to implement the new zones in the UDC. This reclassified the zoning of the land in the McMillan Estates, Covey Glen and Asher Place final plats to R-4, reclassified the zoning of the land in the Country Crossing final plats to R-3, and established the other City zoning in the area. 34. The land lying north of the site across Sprague Avenue generally consists of older residential subdivisions improved with single-family dwellings on urban-sized lots, on land zoned R-3; two manufactured home parks located between such subdivisions and Appleway Avenue, on land zoned MF-1; and commercial uses located along Appleway Avenue, on land zoned CMU. 35. Except for the residential subdivisions referenced above, the land lying west of Hodges Road, between Sprague Avenue and Eighth Avenue, generally consists of parcels one-half (1/2) acre in size or larger developed with single-family dwellings, across the Second Avenue right of way; some of which parcels also contain agricultural fields and nonconforming large-animal keeping. This includes four (4) acreage parcels lying south and southwest of the westerly two- thirds (2/3) of the site; which extend between Fourth Avenue and the Second Avenue right of way, are improved with single-family homes fronting along Fourth Avenue, and contain fenced fields that feature nonconforming large animal-keeping. A .6-acre parcel improved with a single-family dwelling, and associated outbuildings, is located directly west of the north end of the site. 36. The land lying east of Hodges Road, south of Sprague Avenue, generally consists of parcels one (1) acre in size or larger developed with single-family dwellings, with some of the parcels also featuring nonconforming large animal-keeping and agricultural fields; on land zoned LDR by Spokane County. Two small subdivisions, containing urban-sized lots improved with single- family dwellings, are found a few blocks east of the site in such area. A 9.5-acre parcel of land, consisting of a fenced agricultural field, is located directly southeast of the site along the east side of Hodges Road. 37. The 3.8-acre parcel lying directly north of the site across Sprague Avenue is improved with a large, tall water tower owned and operated by Consolidated Water District. See photo "looking northwest" and 2012 aerial photo, in Exhibit 14; and parcel information in file. 38. The Spokane Gun Club operates a shooting range on approximately 40 acres of land that are located directly northeast of the site, across Sprague Avenue and Hodges Road, divided into two (2) parcels of land, and zoned I-2 by Spokane County. See 2012 aerial photo, in Exhibit 14; parcel information in file, County Assessor's map for the S I/2 of Section 17; and Hearing Examiner decision in File No. REZ-27-05/SUB-12-05. 39. Commercial uses are also found to the north along Sprague Avenue west of Appleway, on land zoned CMU. 40. The City of Liberty Lake lies one-half(1/2) mile east of Hodges Road, east of Henry Road extended north of its intersection with Sprague Avenue. The land lying south of Eighth Avenue in HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 8 the area, a few blocks east of Barker Road, is located in the unincorporated area of Spokane County and is zoned LDR under the County Zoning Code. 41. The public roads in the vicinity are paved, but most lack curb and sidewalk. Curb and sidewalk are found along the frontages of, and inside, the final plats of McMillan Estates, Covey Glen, Asher Place, Country Crossing, and Country Crossing Addition. 42. The right of way for Second Avenue adjacent to the site is unpaved, not maintained as a City street, and fenced off and closed to travel. Further to the west, in the final plat of McMillan Estates, Second Avenue is paved to a width of 27 feet; and has curb, gutter, sidewalk, etc. installed along the north side of the street. Second Avenue is paved from McMillan Estates west to Barker Road. See Hearing Examiner decision in File No. REZ-27-05/SUB-12-05, and current preliminary plat. 43. The City Arterial Street Plan designates Sprague Avenue and Eighth Avenue, between Barker Road and Hodges Road, as Collector streets; Hodges Road between Sprague and Eighth, and Eighth Avenue west of Barker, as Proposed Collector streets; Barker Road south of Appleway Avenue, and Sprague Avenue west of Barker, as Minor Arterials; and Appleway Avenue east of Conklin Road, and Sprague Avenue west of Appleway, as Principal Arterials. The other City streets in the vicinity are Local Access streets. The Hearing Examiner takes notice that the County Arterial Road Plan designates Sprague Avenue and Eighth Avenue in the unincorporated area east of Hodges Road as Urban Principal Arterials. 44. Freeway interchanges along Interstate 90 are found at its intersections with Barker Road, Appleway Avenue to the northeast, and Liberty Lake Road in the City of Liberty Lake lying further to the northeast. Sprague Avenue extends easterly to Henry Road. Henry Road extends northeasterly in the City of Liberty Lake to Country Vista Drive, at the intersection of Appleway Avenue and Country Vista. Country Vista Drive extends easterly from such point as an arterial to Liberty Lake Road, in the City of Liberty Lake. Comments submitted by Neighboring Residents and Property Owners: 45. Approximately 100 area residents and/or property owners signed pages of a form petition that requested a decrease in housing in the preliminary plat from 46 homes to 23 homes, denial of the proposed rezone, and preservation of the integrity of the neighborhood. The pages were attached to letters of opposition submitted by Christine Slater, Jacqueline Cypert, and Heidi Fowler; who also testified in opposition to the project. 46. Other area residents and property owners, most of whom also signed the petition, testified and/or submitted detailed written comments in opposition to the project. This included concerns regarding small lot sizes and homes, narrow streets in project, lower income and potential rental housing in the project, increased crime, impacts on property values and neighborhood character, inconsistency of the proposed R-4 zoning and housing density in the project with neighboring R-3 zoning and housing, conflicts with animal-keeping on the acreage parcels to the south and southwest, public school capacity issues, lack of a strong market for small homes on small lots, impacts on wildlife, lack of green space or open space in the project, lack of City parks in the vicinity or places for the children in the project to play, increased traffic speeds and volumes along HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 9 Second Avenue if the roadway is improved and extended east to Hodges Road, construction impacts along Second Avenue, the need for school mitigation fees, increased traffic in the area, and other concerns. Several residents expressed support for development of the site, to improve its aesthetics; but with fewer homes, larger lots and larger homes. Relevant Policies of Comprehensive Plan: 47. The Low Density Residential category of the Comprehensive Plan provides for 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 of the SVMC. 48. The Staff Report submitted by the Department sets forth relevant policies of the Comprehensive Plan for the consolidated applications, and found the applications to substantially be in conformance with such policies. 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 services, and consistency with residential densities in the vicinity of the rezone site. 49. SVMC 19.40.040 and SVMC 19.40.050 describe both the R-3 district and the R-4 district as providing low density residential development that is intended to preserve the character of existing development, subject to compliance with the dimensional standards of SVMC Chapter 19.40 respectively established for such zoning districts. 50. The minimum lot size, lot width and lot 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. 51. 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 preliminary plat proposes only single-family dwellings; at an average lot size of 6,472 square feet, minimum frontages of 50 feet, minimum depths for all but a few lots of approximately 120 feet or more, and a gross density of approximately 5.2 dwelling units per acre. 52. The Hearing Examiner takes notice that the Spokane County Zoning Code, in the LDR zone, authorizes gross residential densities ranging up to six (6) dwelling units per acre, minimum lot areas of 6,000 square feet, minimum frontages of 50 feet for single-family dwellings, and duplex and row housing (zero lot line) development; which LDR zoning applies to the land in the area lying east of Hodges Road, south of Sprague Avenue. The LDR zone of the County Zoning Code is similar to the R-4 zoning district in the SVMC. 53. The Staff Report recommended no conditions of approval for the rezone application; and recommended the adoption of the conditions recommended by the Department, other city departments, and other public agencies for the preliminary plat application. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 10 54. The applicant submitted a trip distribution letter for the project prepared by Ann Winkler, P.E.; a qualified traffic engineering consultant. The letter found that the project would generate 46 PM peak hour trips; with 30% of the trips distributed east on Sprague Avenue and 70% distributed west on Sprague Avenue; and with the trips at Barker Road being distributed 5% to or from the south, 25% continuing west, and 40% distributed to or from the north. 55. The trip distribution analysis generally discouraged the extension of Second Avenue to Hodges Road; on the basis that the length and straight alignment of the road between Barker Road and Hodges would be inconsistent with its status as a local access street, the connection of Second Avenue to Hodges Avenue would encourage cut-through and higher speed traffic without the dispersal effect common in areas with a grid street system, and connectivity for local access streets is adequately provided by allowing Second Avenue to connect to other streets within the current project and access Hodges via proposed First Avenue in the project. See letter dated 10-10-12 from Ann Winkler of Sunburst Engineering to Inga Note, P.E. (Senior City Traffic Engineer); in Exhibit 9. 56. Most of the owners of neighboring properties bordering Second Avenue to the south, or west of the site for a few lots, expressed opposition to connecting Second Avenue to Hodges Road. See testimony of Christine Slater, Kathy Lowry, Bonnie Kienbaum, Heidi Fowler and Jacqueline Cypert; letter from Christine Slater; and letter dated 1-25-13 from Steve and Juli Skinner. 57. The SVMC and the Comprehensive Plan require or encourage new developments to be arranged in a pattern of connecting streets and blocks, to allow people to safely get around easily by car and non-motorized means; while restricting or encouraging the restriction of high-speed traffic from residential neighborhoods and utilizing traffic calming strategies, to reduce vehicular speeds where appropriate. See SVMC 22.130.040, and adoption of Spokane County Road Standards (2001 edition); Section 1.03 (1-22) and 1.12(4)(2) of Spokane County Road Standards (2001 edition); and Policies LUP-16.1, LUP-16.2, LUP1.4, LUP-2.3, TP-4.1 and TP-9.10 of Comprehensive Plan. 58. The trip distribution analysis submitted by the applicant's traffic engineer supported the improvement of Second Avenue adjacent to the preliminary plat, but not the connection of such road to Hodges Road. The applicant prefers not to extend Second Avenue to Hodges or improve the right of way for Second adjacent to the site, and plans to petition the City to vacate Second Avenue. City Engineering wants Second Avenue to be improved adjacent to the site, and does not want the right of way for Second Avenue to be vacated adjacent to the site. 59. The Comprehensive Plan projects Barker Road between Sprague and Fourth to be near capacity by 2025. The Comprehensive Plan advises that the intersection of Barker and Sprague is expected to suffer deficiencies exceeding 90% of capacity by 2025; and that such intersection could reach a failing mode requiring intersection improvements within 10 years or less, depending on whether, and when, already approved development projects are built out. The applicant is required to contribute $11,522 to City Engineering as the project's proportionate share of future improvements at the intersection. See p. 12 of Chapter 3 (Transportation) of Comprehensive Plan, and testimony of Inga Note. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 11 60. The Hearing Examiner's decision approving the Covey Glen preliminary plat, south of the site, required the developer of and/or future lot owners in the final plat to provide frontage improvements along Second Avenue across from the site, all the way east to Hodges Road; through participation in a future Local Improvement District (LID) providing for such improvements, or participation in a City street improvement project for such improvements. Such improvements have not yet been made, and the lots in Covey Glen are currently fenced off from the adjacent right of way with a sight-obscuring fence. See p. 16 of Hearing Examiner decision in File No. REZ-17-05/SUB-11-05. 61. The extension of Second Avenue to Hodges Road may help alleviate congestion or additional traffic impacts on Barker Road, and/or the intersection of Barker and Sprague Avenue. The potential appears to exist in the future for connections of Second Avenue to the side streets in the Covey Glen plat, or through the acreage parcels lying directly south and southwest of the site; should the northerly portions of such lots ever be divided for development. 62. The record, the SVMC and the Comprehensive Plan all support requiring the applicant to improve Second Avenue adjacent to the preliminary plat, at least as far east as the northeast corner of Grady Road and Second Avenue in the preliminary plat. 63. There is insufficient traffic engineering information in the record to merit the Hearing Examiner precluding the extension of Second Avenue to Hodges for the project. However, the extension would not be required if Second Avenue is vacated adjacent to the site by the City Council. 64. City Traffic Engineering issued a certificate of transportation concurrency for the project, as conditioned, for 46 PM peak hour trips. Spokane County Fire District 1 (Spokane Valley Fire Department) submitted appropriate conditions of approval for the project, but expressed no concerns regarding the project as conditioned. See Exhibits 9 and 12. 65. There is no competent evidence in the record of a traffic engineering nature establishing that the preliminary plat or proposed rezone fails to meet transportation concurrency requirements, or will have any significant adverse impacts on City streets or neighboring intersections. 66. 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. See Exhibit 5 and 12. 67. Darla Krug, a project opponent who resides south of Fourth Avenue, testified that she had been in contact with the assistant superintendent of Central Valley School District #356 regarding the impacts of the project on the district, she had obtained a copy of an enrollment study that the district has prepared and plans to release in a week's time, and she and several other parents are concerned regarding the impact of the project on schools considering the defeat of the last bond measure that would have provided for more school construction. Krug also advised that she had spoken to the principal of Evergreen Middle School and been advised that the school would have interest in the current project, but the schools had not been notified of the hearing. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 12 68. Darla Krug testified that based on the enrollment study the current project would generate 90-140 additional students (based on an average of 2-3 students per household), equaling a growth rate of 4-6% per year; the normal growth rate in the district is 1-2% per year; Liberty Lake Elementary School is currently at capacity; Greenacres Elementary currently has a capacity of 591 students, and a current enrollment of 587 students; Greenacres Elementary is full at 687 students, and is currently sending 80 overflow students to Evergreen Middle School; Central Valley High School currently has 2,000 students, 500 students over capacity; and many students are having to be bussed out of their home districts to attend schools due to capacity issues. Krug noted that the site is located midway between Liberty Lake Elementary and Greenacres Elementary. Also see testimony of Kathy Lowry, and Heidi Fowler, letter from Christine Slater, and letter from Chet and Mindy Hymas. 69. The Comprehensive Plan, on page 27 of Chapter 4 (Capital Facilities and Public Services) indicates that Central Valley School District has a capacity of 1,988 students. This figure suggests that the school is only slightly over capacity, not 500 students over capacity as stated by Darla Krug. The Comprehensive Plan, which includes projections only through 2010, advised that the district needs to add more elementary classroom space in the east end of the district,the district has acquired two (2) properties in the north Greenacres area for a new elementary school and has a site for a new middle school adjacent to Liberty Lake Elementary, and the district has a number of elementary schools that need to be remodeled. 70. The Department notified the school district of the consolidated application at the time notice of the applications and the environmental checklist for the project was provided to the district, other public agencies and neighboring property owners in October of 2012; and also mailed a copy of the MDNS issued for the project to the school district and other commenting agencies on December 14, 2012. See Exhibits 8 and 9. 71. The school district did not respond to the notification regarding the applications or notification of the issuance of the MDNS. Since the district did not respond with timely written comments to the MDNS issued for the project, the Department may assume that the district had no information relating to the potential impact of the proposal as it relates to the district's jurisdiction or special expertise. The lack of timely comment by the district may also be construed as a lack of objection to the MDNS issued by the Department. See WAC 197-11-545. 72. The number of students that would be generated by the project is not clear, since the project features relatively small lots and homes that may have less appeal to families. The record falls well short of showing that the school district does not have adequate capacity to accommodate the increased number of students that the project may generate, notwithstanding that existing students or new students are unable to attend school in their home district; or that the project would have any significant adverse impact on the district. Project opponents and the school district failed to appeal the MDNS issued for the project; so the Hearing Examiner has no authority to request further study of the school capacity issue under SEPA, even if significant impacts on the school district from the project were established in the record, which has not been demonstrated. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 13 73. The City has recently developed a new City park on 8.5 acres located in the north Greenacres area; a few miles northwest of the site between Barker Road and Flora Road, along Boone Avenue. The park can be accessed by area residents from Barker Road, after crossing over I-90 to the north. 74. The SVMC does not require direct concurrency for schools or parks, and provides no mechanism or basis for the imposition of impact fees on new development, including the current project, to mitigate impacts on such facilities. Under the circumstances, the preliminary plat makes appropriate provisions for parks and schools. See SVMC Chapter 22.20. 75. Dan Melville for the applicant provided credible testimony, based on his past experience in developing over 30 subdivisions, and his study of the local market, that it is not commercially feasible for him to develop and obtain sufficient prices for larger homes on larger lots on the site, such as those homes and lots located a few blocks south of the site, or directly to the west; considering the less attractive location of the site at the intersection of a Collector Arterial and a proposed Collector Arterial, diagonally across from a gun range (zoned Light Industrial by Spokane County), and within a few blocks south of a high capacity Principal Arterial (Appleway Avenue) that features commercial uses. A large, tall water tower is located directly north of the site, across Sprague Avenue. Such testimony was not rebutted by competent real estate market evidence in the record. See lay testimony of Mindy Hymas. 76. Dan Melville provided credible testimony that there is strong demand in the market for the smaller lot housing that would be provided by the project, based on similar projects featuring small lot sizes that the applicant has recently developed in Spokane Valley and in the unincorporated area of the county; and advised that the lots in the project would be particularly be in demand by families where both adults work, or as starter homes. This testimony was not rebutted by competent real estate market evidence in the record. The environmental checklist submitted for the project indicates that the project would likely include one (1) low income unit. 77. There is no competent testimony in the record establishing that the project would have any significant adverse impact on property values in the area, or increase crime in the area. The subdivision would be designed similar to the other applicant's projects; which include uniform perimeter fencing, landscaped common open space tracts located at the entrances to along the intersections inside the developments in a unified theme, and attractive homes on small lots; and which the applicant advised have not adversely impacted their adjoining neighborhoods. 78. The Covey Glen development located directly south of the site across the Second Avenue right of way has small lots and smaller dwellings similar to those that would be provided by the current project, and has a similar but slightly lower gross density than the current project. The lots in the Covey Glen development are mostly surrounded by a unified style of perimeter fencing. The owner of the parcel bordering the south end of the site on the west did not express opposition to the project. 79. The homes located on the acreage parcels lying south and southwest of the site, zoned R-3, front along Fourth Avenue and are located significant distances from the site. Such parcels are separated from the project by the right of way for Second Avenue, which is required to be improved as a City street. The large animal-keeping occurring on such parcels is confined by HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 14 fencing, and is a nonconforming use in the R-3 district. The current project would replace a nonconforming nursery and retail use that previously existed on the site with single-family homes, an allowed use in the R-3 and R-4 districts. The lots in the McMillan Estates lying adjacent to the site are already buffered from the site by a 6-foot high sight-obscuring fence. 80. The objections made by neighboring property owners and residents to the current project are substantially similar to those voiced by neighboring property owners to the Covey Glen preliminary plat when it was proposed; and also to the McMillan Estates, Asher Place, and Country Crossing preliminary plats when they were each proposed. Such developments, as final plats, have come to be accepted as generally compatible with the surrounding neighborhood, based on the testimony and written comments submitted by area residents in the current record. See Hearing Examiner decisions on such projects, referenced above. 81. There are no compelling reasons in the record to believe that the current project, as conditioned, is going to be incompatible with neighboring properties, or blight the neighborhood in any way. 82. 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. 83. 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 MDNS issued by the Community Development Department, properly addressed the relevant environmental impacts of the application. The site and neighboring land are not designated as priority wildlife habitat. 84. 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. 85. The proposed rezone and preliminary plat meet the direct concurrency requirements for transportation,public sewer and water as set forth in SVMC Chapter 22.20. 86. 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: (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 site is adjacent and contiguous (including corner touches and property located across a public right of way) to property zoned R-4 to the south and west, which zone is the same as the proposed zone for the site and higher than the R-3 district that currently applies HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 15 to the site. The site is also located adjacent and contiguous to land zoned I-2 by Spokane County to the northeast, a higher zone classification type than the R-4 district; and to land zoned LDR by Spokane County to the east, an essentially equivalent zone to the R-4 district. It is not clear if SVMC 19.30.030(B)(5) allows the consideration of adjacent and contiguous zoning in the unincorporated area; however, the requirement of the subsection is clearly met by the proximity of the site to R-4 zoning to the south and west. (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 most neighboring properties; has a gross density and lot sizes similar to the plat located directly south; borders R-4 zoning on the south and west; 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 Sprague Avenue, Hodges Road and Second Avenue, and at the Barker Road/Sprague intersection; and is located along or close to major transportation and commercial corridors in the City. (f) Recent changes in the area that support the proposed rezone include the abandonment of the nursery and florist shop on the site. 87. The preliminary plat has been conditioned for compliance with the R-4 district, the UDC, and other applicable development regulations. Based on the above findings of fact, the Hearing Examiner enters the following: III. CONCLUSIONS OF LAW 1. Any finding of fact above that is a conclusion of law is hereby deemed such. 2. Certain minor changes should be made to the conditions of approval to ensure clarity and compliance with the development regulations applicable to the project. 3. The proposed rezone to the R-4 zone complies with the rezone criteria set forth in SVMC 19.30.030. 4. SVMC 19.30.030 erroneously states that site-specific zoning map amendments shall be processed pursuant to SVMC 17.80.140, which section applies to Comprehensive Plan amendments and area-wide rezones processed through the Planning Commission and City Council. SVMC 18.20.030(A)(5)(h) expressly vests the Hearing 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 SUB-02-12/REZ-03-12 Page 16 5. 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. 6. The proposed rezone to the R-4 zone implements the Comprehensive Plan; and bears a substantial relationship to the public health, safety or welfare. 7. As conditioned, the preliminary plat application complies with the direct concurrency requirements set forth in SVMC Chapter 21.20 (Concurrency). 8. The preliminary plat application, as conditioned, complies with the R-4 district, zoning, subdivision and other requirements for land development set forth in the UDC; and with other applicable development regulations. 9. The preliminary plat and dedication, as conditioned, conform to the Comprehensive Plan and will serve the public use and interest. 10. The preliminary plat and dedication, as conditioned, make appropriate provision for the public health, safety and general welfare; for all other requirements found to be necessary and appropriate and for which written standards and policies have been adopted; and for open spaces, streets, alleys, drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks and other planning features for children who only walk to and from school, noise and dust emissions, sanitary wastes and sewer, public potable water supplies, easements, utilities, critical areas, and all other relevant facts as specified in RCW 58.17.110 and SVMC 20.20.100. 11. The procedural requirements of the State Environmental Policy Act and SVMC Title 21 (Environmental Controls) have been met. 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. 13. Any conclusion of law above that is a finding of fact is hereby deemed such. IV. DECISION Based on the Findings of Fact and Conclusions of Law above, the consolidated applications for a preliminary plat and zone reclassification in the above file are hereby approved, subject to the conditions of the various agencies specified below. Any conditions of approval of public agencies that have been added or significantly altered by the Examiner are italicized. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 17 This approval does not waive the applicant's obligation to comply with all other requirements of other public agencies with jurisdiction over land development. Conditions of Approval: The "applicant", as referenced in the conditions of approval below, shall be deemed to include the owner and developer of the site, and their heirs and successors-in-interest. A. General Conditions: SPOKANE VALLEY PLANNING DIVISION: 1. The preliminary plat shall have a maximum of forty-six (46) residential lots, and shall be designed substantially in accordance with the preliminary plat map of record submitted on October 8, 2012. Pursuant to Section 20.50.020 of the Spokane Valley Municipal Code (SVMC), any increase in the number of lots, substantial change to the design of the preliminary plat, or significant amendment to the conditions of approval for the preliminary plat shall require the submittal and processing of a change of conditions application, and the approval of such application by the Hearing Examiner after a public hearing. Minor modifications may be processed administratively by the Planning Division under SVMC Chapter 20.50 (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 20.20.050 (Prohibition against sale, lease or transfer of property) any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that does not conform to the requirements of the preliminary plat approval or that occurs without approval, shall be considered a violation of Chapter 58.17 RCW, and shall be restrained by injunctive action and shall be illegal, as provided in Chapter 58.17 RCW. Each sale, lease, or transfer of each separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a separate and distinct offense. 4. 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 (RCW Chapter 58.09), Survey and Land Descriptions(WAC Chapter 332-130). 5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), as superseded by RCW 58.17.140, preliminary plats approved prior to December 31, 2014 automatically expire seven (7) years after preliminary approval is granted, unless a time extension is approved for the preliminary plat. The expiration date for the current preliminary plat is February 25, 2020. 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, and approved by the Department,the preliminary approval expires and the preliminary plat is null and void. 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. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 18 7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant prior to recording. B. Prior to or in association with the submittal of a final plat, the applicant or its successors in interest shall ensure or provide the following: SPOKANE VALLEY PLANNING DIVISION: 8. The final plat shall comply with all submittal requirements specified in SVMC 20.40. 9. Place the following note on the face of the final plat: "All lots within this plat shall comply with the building setback requirements, maximum building height standard, maximum lot coverage standard and other applicable lot development standards 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." 10. Pursuant to SVMC 20.20.090.B.4.b, screening along Sprague Avenue is required adjacent to proposed Lots 3-7 of Block 2. Submit one (1), large sized, detailed landscape plan indicating the type of "screening device" that is proposed to limit visibility between the arterial (Sprague Avenue) and the proposed lots, in accordance with SVMC Chapter 22.70. 11. All landscaping and screening requirements must be reviewed, accepted and installed prior to final plat acceptance. 12. The preliminary plat shall be completed and 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 and 5 c. Phase III: Block 6 d. Phase IV: Block 7 SPOKANE VALLEY BUILDING DIVISION: 13. The following addresses have been assigned and shall be designated on the final plat: Block I Lot 1 6 S. Lone Tree Road Lot 2 10 S. Lone Tree Road Lot 3 14 S. Lone Tree Road Block 2 Lot 1 11 S. Lone Tree Road Lot 2 5 S. Lone Tree Road Lot 3 19411 E. 1St Avenue Lot 4 19417 E. 1st Avenue Lot 5 19421 E. 1St Avenue Lot 6 19425 E. 1st Avenue Lot 7 19429 E. 1St Avenue Block 3 - Lot 1 22 S. Lone Tree Road Lot 2 26 S. Lone Tree Road HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 19 Lot 3 19418 E. et Avenue Lot 4 19422 E. 1st Avenue Lot 5 19426 E. 1st Avenue Lot 6 19430 E. 1St Avenue Lot 7 102 S. Hodges Road Lot 8 106 S. Hodges Road Lot 9 110 S. Hodges Road Block 4 Lot 1 103 S. Lone Tree Road Lot 2 107 S. Lone Tree Road Lot 3 111 S.Lone Tree Road Lot 4 117 S. Lone Tree Road Lot 5 123 S. Lone Tree Road Lot 6 129 S. Lone Tree Road Block 5 Lot 1 104 S.Lone Tree Road Lot 2 108 S. Lone Tree Road Lot 3 112 S. Lone Tree Road Lot 4 118 S.Lone Tree Road Lot 5 124 S. Lone Tree Road Lot 6 130 S. Lone Tree Road Lot 7 19319 E. 2"Avenue Lot 8 19315 E. 2"Avenue Lot 9 19309 E. 2"Avenue Lot 10 19305 E. 2nd Avenue Lot 11 19301 E. 2nd Avenue Block 6 Lot 1 20 S. Lone Tree Road Lot 2 102 S. Grady Court Lot 3 106 S. Grady Court Lot 4 110 S. Grady Court Lot 5 116 S. Grady Court Lot 6 115 S. Grady Court Lot 7 109 S. Grady Court Lot 8 105 S. Grady Court Block 7 Lot 1 116 S. Hodges Road Lot 2 128 S. Hodges Road SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION: 14. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access driveway plans, etc.). The plans shall conform to the 2001 Spokane County Standards for Road and Sewer Construction(or as amended),the 2008 Spokane Regional Stormwater Manual (or as amended),the SVMC and all other federal, state and local regulations, as applicable. 15. Frontage improvements and dedications are required per Chapter 2 of the Street Standards, and are described as follows: HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 20 A. Sprague Avenue is designated a Collector Arterial. Frontage improvements shall include a 20 feet of asphalt width measured from the 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, with one-half ('/2) of the right-of-way being 30 feet. The minimum one ('/2) right-of-way width, which is measured 2 feet behind the back of the future curb, is 24 feet. The existing right-of-way is adequate. A border easement of 7 feet, which extends from the right-of-way to the back of the sidewalk, is required. The right-of-way dedication and border easement width was determined assuming that the center of the road coincides with the center of the right-of-way. The applicant shall confirm the right-of-way location and width(s). Note: Building setbacks begin at the edge of the border easement. B. Hodges Road is designated as a proposed Collector Arterial. Frontage improvements shall include 20 feet of asphalt width measured from the road centerline, Type B curb and gutter(2 feet wide), 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 45 feet, with one-half(1/2) of the right-of-way being 22.5 feet. The minimum one-half('/2)right-of-way width,which is measured 2 feet behind the back of the future curb, is 24 feet. A right-of-way dedication of 1.5 feet,and a border easement of 13 feet extending from the right-of-way to the back of the sidewalk, is required. The right-of-way dedication and border easement width was determined assuming that the center of the road coincides with the center of the right-of-way. The applicant shall confirm right-of-way location and width(s). Note —building setbacks begin at the edge of the border easement. C. Second(2"a)Avenue is designated as a Local Access street. Frontage improvements shall include 15 feet of asphalt width measured from the road centerline, 13 feet of paving on the south side of the centerline (to create a total paved width of 28 feet), Type B curb and gutter (2 feet wide), 10- foot wide roadside swale, and a 5-foot wide sidewalk. The total width of improvements from centerline is 32 feet, and the total overall width of improvements is 45 feet. The current right-of-way is 50 feet, with one-half ('/2) of the right-of-way being 25 feet. The minimum one-half('/2) right-of-way width, which is to 2 feet behind the back of the future curb, is 19 feet. The existing right of way is adequate. A border easement of 7 feet, which extends from the right-of-way to back of sidewalk, is required. The right-of-way dedication and border easement width was determined assuming that the center of the road coincides with the center of the right-of-way. The applicant shall confirm right-of-way location and width(s). Note: Building setbacks begin at the edge of the border easement. 16. Prior to the submittal of a final plat, the applicant shall submit a letter of credit in the amount of $11,522 for the Sprague/Barker traffic signal project included on the 2012 Transportation Improvement Program. 17. The internal streets shall be designated and designed as local access public streets per Typical Street Sections R-120 and R-130. Any right-of-way and/or border easement dedications shall be stated in the final plat language and designated on the final map. Note: Building setbacks begin at the edge of the border easement. 18. Driveway approach design shall follow the 2009 City Road Standards, or as amended. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 21 19. Any stormwater facilities shall be designed in accordance with the Spokane Regional Stormwater 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. Non-roadside facilities such as ponds (especially consolidated ponds, which are those receiving runoff from more than one lot) shall be placed within a tract (see SRSM 11.2). 20. A Homeowner's Association (HOA) is required for the perpetual operation and maintenance of the proposed landscape and/or drainage tracts and associated facilities. A draft copy of the CC&Rs for the HOA shall be submitted with the drainage submittal. 21. An Operations and Maintenance Manual, per Chapter 11 of the Spokane Regional Stormwater Manual, shall be included with the initial submittal of final design plans for the street and/or stormwater systems. 22. The Standard Plan Notes found in Appendix 4A of the Street Standards shall be used, rather than those contained in Appendix 3B of the SRSM. 23. All applicable utility easements (i.e. telephone, power, etc.) shall be shown. The permittee is responsible for arranging for all necessary utility adjustments, relocations, or improvements as required for completion of the project. The developer needs to contact the purveyors of each affected utility regarding private service, utility improvement, and any relocation and adjustment costs. All rigid objects shall be located out of the clear zone. Clear zone requirements can be found in the 2009 City of Spokane Valley Street Standards, or as amended. 24. If sewer and/or water needs to be brought to the properties, and this requires an Engineering design, copies of the approved sewer and water plans shall be submitted to Development Engineering. The civil plans for the project shall show the extents of pavement removal and replacement. 25. All new dry wells and other injection wells must be registered with the Underground Injection Control program (UIC) at the Department of Ecology prior to use, and the discharge from the well(s) must comply with the ground water quality requirement (non-endangerment 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: http://www.ecy.wa.gov/programs/wq/grndwtr/uic/registration/ /reg_info.html for registration forms and further information. Copies of the registration for drywells which receive public road stormwater runoff shall be sent to Development Engineering. The City of Spokane Valley NPDES Permit Number is WAR04-6507. 26. A Construction Stormwater Permit shall be obtained from the Department of Ecology, if both of the following conditions apply: A. A 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 storm water. More information can be obtained from http://www.ecy.wa.gov/programs/wq/stormwater/ construction. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 22 27. For sureties,the City accepts only Letters of Credit or Cash Savings Assignments. 28. Right-of-way dedication and border easements must be designated on the final plat map. 29. The Homeowner Association's UBI number shall be referenced on the face of the Final Plat 30. Plat language will be determined at the time of final plat submittal. To obtain plat language, contact Development Engineering after civil plan approval and/or prior to first submittal of final plat. 31. The applicant shall provide Street Name signs, Stop signs, pavement markings and all other necessary permanent traffic control measures for all streets. The location of the signs shall be called out on the civil plans. 32. A thorough search for all survey monuments shall be conducted. Any found monuments shall be referenced on the civil plans and/or final plat. 33. A landscaping plan which shows the landscaping proposed to be placed in vegetated storm water facilities such as channels,ditches, swales, ponds, etc. shall be submitted with the site construction plans for review. 34. An Operations and Maintenance Manual shall be submitted with the initial submittal of final design plans for the street and/or storm water systems. The manual shall include a discussion of the design life of the various components, recommended repair and maintenance schedules, calculated annual costs for repair and maintenance, and calculated replacement costs for each component of the systems. The manual shall specify the recommended, individual, monthly homeowner financial assessment necessary to accomplish the identified maintenance and replacement tasks. SPOKANE COUNTY DIVISION OF UTILITIES: 35. The final plat dedication shall state: "Public sewers shall be constructed to provide for the connection of each parcel to the County's system of sewerage.Uses on properties within the project shall be required to connect to the sewer and pay applicable charges per the County Sewer Ordinance. Sewer connection permits shall be required." 36. The applicant shall submit expressly to Spokane County Division of Utilities, under separate cover, only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and or estimated water usage as part of the sewer plan submittal. Prior to plan submittal, the applicant is required to contact Billy Urhausen at 477-3604 to discuss details of sewer plans. 37. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the project. 38. Pursuant to the SVMC, 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. The security shall be in a form acceptable to the Division of Utilities, and in accordance with the Spokane County Sanitary Sewer Ordinance. 39. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design Plans. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 23 SPOKANE REGIONAL HEALTH DISTRICT: 40. The final plat shall be designed substantially as indicated on the preliminary plat of record and/or any attached sheets as noted. 41. 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. 42. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 43. Water service shall be coordinated through the Director of Utilities, Spokane County. 44. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane)of the State Department of Health. 45. 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. 46. 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. 47. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire protection use shall be approved by the water purveyor. The 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 respective needs. The water plan and certification shall be drafted on a transparency suitable for reproduction. 48. The purveyor shall also certify prior to filing the final plat on a copy of said water plan that appropriate contractual arrangements have been made with the plat sponsor for construction of the water system, in accordance with the approved plan and time schedule. The time schedule shall 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 shall 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 the failure of the plat sponsor to satisfactorily complete the approved water system. 49. A public sewer system will be made available for the lot and individual service will be provided to each lot prior to sale. The use of individual on-site sewage disposal shall not be authorized. 50. The final plat dedication shall state: "A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized." 51. The final plat dedication shall state: "Use of private wells and water systems is prohibited." 52. 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, the City of Spokane Valley and the water purveyor, shall be installed within this subdivision; and the applicant shall provide for individual HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 24 domestic water service, as well as fire protection, to each lot prior to the sale of each lot and prior to issuance of a building permit for each lot." SPOKANE VALLEY FIRE DEPARTMENT(SPOKANE COUNTY FIRE DISTRICT 1): 53. The public referenced a "Grady Road" south of 1st Avenue shall be called "Lone Tree Road"; to prevent confusion with Grady Court, while coinciding with the existing road grid. 54. Fire apparatus access roads greater than 26 feet wide but less than 32 feet wide shall be posted on one side as"No Parking-Fire Lane." C. Prior to or during on-site construction, the applicant or successors in interest shall ensure or provide the following: SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION: 55. A pre-construction conference with Development Engineering is required prior to the start of construction. The grading permit shall be taken out prior to scheduling the pre-construction 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 engineer/inspector. 56. For construction affecting public right-of-way- fourteen(14) days prior to construction, securely post a sign at each ingress point to the project area. Sign is to be clearly visible from the right-of-way and provide project construction details. See section 9.7 of the Street Standards. 57. Permits are required for any access to or work within the right-of-way of the Spokane Valley roadway system. A traffic control plan shall accompany the right-of-way obstruction permit. 58. Temporary Erosion and Sediment Control (TESC) structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the start of site work, and maintained throughout the duration of construction and until the site has stabilized. 59. All survey monuments shall be protected during construction. Any disturbed or damaged monuments shall be replaced prior to certification/final plat and/or release of surety. 60. Construction within the proposed public streets and easements shall be performed under the supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject to inspection by the City Senior Development Engineer or such engineer's staff. 61. A Construction Certification package and record drawings are required for the improvements upon their completion, and shall be submitted and approved prior to releasing the performance surety or final plat approval. SPOKANE REGIONAL CLEAN AIR AGENCY: 62. 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. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 25 63. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean these surfaces. 64. Debris generated as a result of this project shall be disposed of by means other than burning. 65. If objectionable odors result from this project,effective control apparatus and measures shall be taken to reduce odors to a minimum. 66. Special attention shall be given to proper maintenance of diesel powered construction equipment to reduce the impact of diesel exhaust, a suspended carcinogen. 67. A Notice of Construction and Application for Approval shall be submitted and approved by SCAPCA prior to the construction, installation, or establishment of an air pollution source. This includes emergency generators rated at 500 hp(375 kW)or higher,natural gas heating equipment units rated at 4 MMBTU/hr or higher(input),and heating equipment units fired with other fuels (e.g. diesel)rated at 1 MMBTU/hr(input) or higher. Contact Spokane Clean Air for a Notice of Application. 68. A Notice of Intent shall be submitted to Spokane Clean Air prior to any demolition project or asbestos project. An asbestos survey must be done by an AHERA accredited building inspector prior to the demolition or renovation of buildings to determine if asbestos-containing material is present at the site. Contact Spokane Clean Air for a Notice of Intent application. SPOKANE VALLEY PLANNING DIVISION: 69. Pursuant to RCW 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 mechanical, 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 RCW Chapter 68.05, disturbances of which shall be a class C felony punishable under RCW Chapter 9A.20, 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 time of discovery,the City of Spokane Valley Community Development Department of said discovery. DATED this 25th day of February, 2013 SPOKANE VALLEY HEARING EXAMINER r (. O Mich el C. Dempsey, WSBA#823 r HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 26 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL On February 25,2013, this decision will be mailed by regular mail to the Applicant, and to all government agencies and persons entitled to notice under Section 17.80.130(4) of the SVMC. 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) calendar days 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 THIS DECISION APPROVING THE APPLICATION FOR A SITE-SPECIFIC MAP AMENDMENT (REZONE) FOR THE SITE FROM THE R-3 ZONING DISTRICT TO THE R-4 ZONING DISTRICT IS MARCH 11, 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 36.70C, the date of issuance of the Hearing Examiner's decision on such application is three (3) days after it is mailed. The date of issuance of the decision regarding the preliminary plat is, accordingly, February 28, 2013. THE APPEAL CLOSING DATE FOR THE PORTION OF THIS DECISION APPROVING THE APPLICATION FOR A PRELIMINARY PLAT FOR THE SITE 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 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 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 36.70B.130, affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. HE Findings, Conclusions and Decision SUB-02-12/REZ-03-12 Page 27