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REZ-26-06 SUB-07-06 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Zone Reclassification from the Urban ) Residential-3.5 (UR-3.5) Zone to the Urban ) Residential-7* (UR-7*) Zone, and ) FINDINGS OF FACT, Preliminary Plat of Flora Ridge; ) CONCLUSIONS OF LAW, Applicant: LGIE, LLC ) AND DECISION File No. REZ-26-06/SUB-07-06 ) ) I. SUMMARY OF DECISION Hearing Matter: Application for a rezone from the UR-3.5 zone to the UR-7* zone, and for a preliminary plat. Summary of Decision: Approve application, subject to conditions of approval. The preliminary plat will expire on February 15, 2012. An application to request an extension of time for the preliminary plat must be submitted at least 30 days prior to the expiration date. H. FINDINGS OF FACT 1. The application seeks approval of a zone reclassification from the Urban Residential-3.5 (UR-3.5) zone to the Urban Residential-7* (UR-7*) zone, on approximately 2.63 acres of land; and for the preliminary plat of Flora Ridge, to divide such acreage into twelve (12) lots for single- family dwellings. 2. The site is located at the northeast corner of the intersection of Flora Road and Mission Avenue, Spokane Valley, WA. The property is situated in the SW 1/4 of Section 7, Township 25 North, Range 45 East, Willamette Meridian, in Spokane County, WA. 3. The site is currently referenced as County Assessor's tax parcel nos. 55073.1446, and is legally described on the preliminary plat map of record. The existing residence on the site is addressed at 17113 E. Mission Avenue, Spokane Valley, Washington. 4. The applicant is LGIE, LLC, 504 E. Fairhaven, Burlington, Washington, 98233. The site owner is Turner Living Trust, 17113 E. Mission, Spokane Valley, Washington 99016. 5. On September 7, 2006, the applicant submitted a complete application for a zone reclassification and preliminary plat to the City Department of Community Development in the above file. 6. On October 30, 2006, the City Department of Community Development issued a Determination of Nonsignificance (DNS) for the proposal. The DNS was not appealed. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 1 7. On December 21, 2006, the Hearing Examiner conducted a public hearing on the proposal. The Examiner conducted a site visit on December 21, 2006, prior to the public hearing. 8. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the Spokane Valley Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure. 9. The following persons testified at the public hearing: Micki Harnois, Assistant Planner Daniel Melville Spokane Valley Planning Division LGIE, LLC 11707 E. Sprague Avenue, Suite 106 504 E. Fairhaven Spokane Valley, WA 99206 Burlington, WA 98233 Kevin McMulkin Gloria Turner Simpson Engineers PO Box 817 909 N. Argonne Road Spokane Valley, WA 99216 Spokane, WA 99212 Henry Allen Spokane Valley Public Works Department 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 10. The Hearing Examiner takes notice of the City Comprehensive Plan, Interim Zoning Code and zoning maps, Interim Subdivision Ordinance, Standards for Road and Sewer Construction, Guidelines for Stormwater Management, and other applicable development regulations; City Municipal Code; and prior land use decisions in the vicinity. 11. The record includes the documents in File No. REZ-26-06/SUB-07-06 at the time of the public hearing, the documents and testimony submitted at the public hearing, and the items taken notice of by the Hearing Examiner. 12. The site is approximately 2.63 acres in size and rectangular in shape. The northwest and southeast portions of the site are relatively flat in topography, with sloping terrain up to 25% in slope extending diagonally through the site from the southwest corner to the northeast corner. 13. The southeast corner of the site is improved with a single-family dwelling, detached garage and detached outbuilding; which improvements access Mission Avenue. The site is vegetated with residential landscaping, native grasses and weeds, shrubs and fruit trees. 14. The preliminary plat map illustrates division of the site into 12 lots. This includes one (1) lot for the existing residence on the site of 26,115 square feet; and 11 lots for single-family dwellings, which range from 6,257 square feet to 8,338 square feet in size, and have an average lot size of approximately 7,400 square feet. The density(net) of the preliminary plat is 4.86 dwelling units per acre. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 2 15. The preliminary plat illustrates an internal public road, which consists of a short stub road terminating in a cul-de-sac, serve six(6) lots and access Flora Road; three (3) lots directly accessing Bell Street, two (2) lots directly accessing Mission Avenue; and one (1) lot directly accessing Flora Road. The detached outbuilding and a portion of the fence serving the residence on the site would be removed for development of the project. 16. The site and neighboring land are designated in the Low Density Residential category of the City Comprehensive Plan; except for the land lying to the southwest, and a block of land lying one (1) block west of the site on the north side of Mission Avenue, which land is designated in the Light Industrial category; and except for several acres of land located a few blocks southeast of the site, along the south side of Mission Avenue, which is designated in the Public/Quasi-Public category. 17. In 2004, the Hearing Examiner approved the rezone of 2.63 acres of land located across Mission Avenue from the site, at the southeast corner of the intersection of Flora Road and Mission Avenue, from the UR-3.5 zone to the UR-7* zone; and a preliminary plat to divide such acreage into 18 lots for single-family dwellings, at a density(net) of 5.76 dwelling units per acre. See decision in File No. REZ-11-04/SUB-08-04. The preliminary plat is expected to become final in the near future. See testimony of Micki Harnois. 18. Effective February 9, 2005, the City approved an area-wide rezone that legislatively reclassified the zoning of the site, and the other land in the area located north of Mission Avenue and east of Barker Road, from the UR-7* zone to the UR-3.5 zone. See 19. City Ordinance No. 05-003 specifically recognized that the area-wide rezone would not preclude site-specific rezones of such land back to the UR-7* zone, since the UR-7* zone was an implementing zone for the Low Density Residential category of the City Interim Comprehensive Plan in which the land in the rezone was designated. 20. On May 10, 2006, the City implemented a new Comprehensive Plan, pursuant to City Ordinance No. 06-010. The City Phase I Development Regulations were updated to implement the new Comprehensive Plan, pursuant to City Ordinance No. 06-011. 21. The land lying southwest of the site is zoned Light Industrial(I-2) and undeveloped. The other land neighboring the site is zoned Urban Residential-3.5 (UR-3.5); except for the 2.63-acre parcel of land located across Mission Avenue from the site, which is zoned UR-7*. 22. The land located near the site, except to the southwest, generally consists of single-family homes on acreage parcels; along with some more urban-sized lots for single-family dwellings. 23. The land lying east and northeast of the site, and the land located north of Baldwin Avenue east of Flora Road, is developed or being developed for single-family homes at urban densities ranging from 4-6 dwelling units per acre, in various final plats approved over the past few years. Such final plats are subject to development under the UR-7* zone, based on the date complete HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 3 applications were submitted for preliminary plat approval. See County Assessor map for Section 7, testimony of Micki Harnois; and Hearing Examiner decisions in File Nos. PE-1921-03/PUDE- 5-03, SUB-01-05, SUB-03-05, REZ-11-04/SUB-08-04, SUB-12-04. 24. The land located east of the site designated in the Public/Quasi-Public category of the Comprehensive Plan is planned for a new public elementary school, and the City is trying to purchase adjacent land for a City park. A greenhouse is located on the land lying one (1) block west of the site, along the north side of Mission Avenue. 25. The Spokane River is located less than one-half(1/2) mile north and west of the site. The Spokane Centennial Trail, a regional public trail system, borders the south side of the river in the area. 26. The City Arterial Road Plan designates Flora Road and Broadway Avenue as Urban Minor Arterials, Mission Avenue as an Urban Collector Arterial, and Barker Road as an Urban Principal Arterial. Public transit is available in Mission Avenue and Flora Road. 27. The only public opposition to the proposal was submitted by Janice Austin, who owns and resides on an acreage parcel located directly southeast of the site across Mission Avenue. Janice Austin expressed concerns regarding density, lot sizes, inconsistency of the proposed rezone with the 2005 rezone of the area to the UR-3.5 zone, lack of need for dense housing on the site, difficulty of access for certain lots in preliminary plat, need for significant grading to accommodate the lots proposed on the steep topography of the site, slippery winter driving conditions and traffic congestion at the intersection of Mission Avenue and Flora Road, potential drainage impacts to neighboring properties, proximity of Nora Court in the preliminary plat to nearby intersections along Flora Road, incompatibility of project with neighboring development, and other concerns. 28. Central Valley School District#356 submitted written comments advising that the district expected to have room for additional students at current levels of service until September of 2008, and requesting that the City postpone approval of any residential development in the final plat of the proposal that may occur after such date. 29. The City Phase I Development Regulations limit the density(net) of new residential development on land designated in the Low Density Residential category of the Comprehensive Plan, and rezoned to the UR-7 under such regulations, to six(6) dwelling units per acre. Such zoning is referenced as "UR-7*". The UR-7 zone otherwise permits a density of seven(7) dwelling units per acre. The minimum lot area and minimum frontage in the UR-7 zone for a single-family dwelling are, respectively, 6,000 square feet and 65 feet. 30. The UR-7 zone is intended to add to the variety of housing types and densities in urban areas, and to provide standards for the orderly development of residential property in a manner that provides a desirable living environment that is compatible with surrounding land uses and assures the protection of property values. The UR-7 zone permits the development of single- family homes, duplexes, multi-family dwellings and certain other uses. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 4 31. The UR-7 zone requires the installation of a 6-foot high sight-obscuring fence,wall or solid landscaping along the border of any UR-7 zone that abuts private land zoned UR-3.5. Such requirement applies along the north boundary of the site. 32. The Phase I Development Regulations require all zone reclassifications to be consistent with the implementing zones specified in such regulations, for the Comprehensive Plan designations that apply to the property involved. The implementing zones for the Low Density Residential category, in which the site is designated, are the UR-3.5 and UR-7 zones. The proposed rezone of the site to the UR-7* zone implements the Low Density Residential category of the Comprehensive Plan 33. The Staff Report sets forth relevant policies of the Comprehensive Plan. The policy most relevant to the proposed rezone is Policy LUP-1.7. Such policy states that zone changes should be allowed within the Low Density Residential category of the Comprehensive Plan when specific criteria are met; which may include substantial changes within the area of the rezone site, the availability of adequate facilities and public services, and consistency with residential densities in the vicinity of the rezone site. The proposed rezone implements such policy. 34. Policies LUP-1.1 and NP-2.1 of the Comprehensive Plan recommend that the character of existing and future residential neighborhoods be maintained and protected through the development and enforcement of the City's land use regulations and joint planning. The proposal is consistent with new urban housing approved or developed adjacent to or near the site. 35. Policies LUP-1.4 and LUP-2.3 of the Comprehensive Plan encourage the development of transportation routes and facilities to serve residential neighborhoods; with special attention given to pedestrian circulation, biking and transit uses. 36. Policy LUP-16.1 of the Comprehensive Plan encourages new developments to be arranged in a pattern of connecting streets and blocks to allow people to get around easily by foot, bicycle and car. Policy TP-2.1 recommends that street designs complement adjacent development. 37. Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency evacuation routes be required prior to approving new development. 38. Policy TP-9.8 of the Comprehensive Plan recommends that pedestrian facilities such as sidewalks be required in all new developments. 39. Policy NEP-19.1 of the Comprehensive Plan recommends that the impacts of a development proposal on surface water quality be considered before development is approved; and states that conditioning proposals may be necessary to protect water quality, manage runoff and address erosion control and sedimentation. Also see stormwater policies under Goal CFG-6 of Comprehensive Plan. 40. Policy CFP-4.6 of the Comprehensive Plan recommends that new development connect to public sewer and water. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 5 41. Policy CFP-2.1 of the Capital Facilities chapter of the Comprehensive Plan states that facilities and services shall meet certain specified minimum levels of service. Such chapter recommends that school districts establish their own level of service. 42. Policy CFP-8.2 of the Comprehensive Plan recommends that the review of new residential development consider the adequacy of school facilities. 43. Policy CFP-2.4 of the Comprehensive Plan states that if adopted level of service standards cannot be maintained, the City shall increase funding, reduce level of service or reassess the Land Use Element of the Comprehensive Plan. 44. Guidelines set forth in the 2001 City Standards for Road and Sewer Construction("City Road Standards") recommend the provision of adequate vehicular and pedestrian access to all parcels of land, minimizing through traffic movements and excessive speeds on local access streets, logical street patterns, minimizing vehicular and pedestrian-vehicular conflict points, considering traffic generators in designing a street system in a proposed development, and considering bordering arterial routes. 45. The City Road Standards require the construction of curb, gutter and separated sidewalk along the frontage of new developments within urban land use zones. Sidewalks are not required for cul-de-sac roads less than 400 feet long. 46. The City Road Standards establish standards for the construction of new access roads, and the reconstruction of existing access roads; and give the City Engineer broad discretion in prescribing the actual roadway section required based on a number of factors, and approving design deviations in appropriate circumstances. See Road Standards, Chapter 3. 47. City Engineering conditions of approval require the applicant to install frontage improvements along Mission Avenue, Flora Road and Bell Street; including additional asphalt, curb and sidewalk. 48. The applicant indicated at the public hearing that a 10-foot wide pedestrian/bike pathway would likely be installed along Flora Road in lieu of sidewalk; similar to the pathway recently approved by City Engineering along Flora Road for the Flora Meadows final plat, located at the northeast corner of Flora Road and Baldwin Avenue. See testimony of Daniel Melville. 49. City Engineering previously approved a design deviation to allow the sidewalk required along Bell Street, for the lot located at the intersection of Bell Road and Mission Avenue, to be placed adjacent to the curb rather than separated from the curb, subject to certain conditions. 50. Section 3.04 of the City Road Standards requires an intersection spacing of 150 feet for an Urban Collector Arterial, as measured between the centerlines of such roads. City Engineering conditions require an intersection spacing of 150 feet for Flora Road. Proposed Nora Court in the preliminary plat is located approximately 270 feet from Mission Avenue, and complies with Section 3.04 of the City Road Standards. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 6 51. City Engineering certified that the preliminary plat meets the transportation concurrency requirements of the City Phase 1 Development Regulations. This is based on the small amount of traffic that would be generated by the preliminary plat, which proposes the addition of only 11 new homes; and the vehicle trip distribution analysis prepared by the applicant's consulting engineer, which indicates the project would have an insignificant impact on the surrounding public transportation system. 52. City Engineering reviewed the access issues for the lots directly accessing Flora Road and Mission Avenue, and found the access provided to such lots by the preliminary plat to be acceptable. 53. City Engineering conditions of approval indicate that a topographic low spot is located on the site at the adjacent intersection, and require that drainage design include both offsite and onsite runoff. Such conditions also require that final drainage and road plans be submitted that comply with the County Guidelines for Stormwater Management, and County Standards for Road and Sewer Construction, as adopted and amended by the City. Such conditions impose other necessary drainage requirements. 54. The County Guidelines for Stormwater Management, as adopted by the City, require the drainage discharged from a development site to not exceed the volume or rate of stormwater leaving the site prior to development, prohibit the discharge of draining at points on adjoining property different than the points of discharge before development, and require the treatment of stormwater in biofiltration swales before it is discharged into the ground. 55. The applicant's engineer, Kevin McMulkin, testified at the public hearing that drainage coming to the site from Mission Avenue, Flora Road and Bell Street would be directed to the low spot on the site and managed properly. The applicant testified that the existing contours of the site would be observed in the development of the site. The environmental checklist submitted by the applicant indicates that a small amount of filling will occur in the northwest corner of the site, to elevate such area to the level of Flora Road. 56. The traffic, access and drainage concerns raised by Janice Austin were not supported by competent evidence of an engineering nature; are mitigated by City Engineering conditions of approval for the preliminary plat; and are superseded by the expert opinions of the City Engineer and the applicant's consulting engineer, which indicate that the preliminary plat, as conditioned, makes appropriate provision for transportation, access and drainage. 57. The City Planning Division indicated at the public hearing that the applicant must apply for an administrative exception for Lots 5 and 6 of the preliminary plat,which do not meet lot frontage requirements. This should be added as a condition of approval. 58. The applicant's engineer, Kevin McMulkin, questioned the need for a Type B curb and 15- foot pavement section along the west side of Bell Street, in City Engineering condition#8 on page 9 of the Staff Report; considering that the west side of Bell Street has a recently installed Type A curb and 12 feet of pavement. The City's consulting engineer, Henry Allen, established the need HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 7 for a Type B curb and 15-foot pavement section, based on the relatively heavy traffic generated at Bell Street and Mission Avenue, and the requirements of the City Road Standards. 59. The City Phase I Development Regulations do not require direct concurrency for schools, parks, law enforcement services or fire protection services. City Parks and Recreation did not comment on the project. 60. The Examiner has no authority to restrict the development of the project after 2008 as requested by the Central Valley School District, since the Phase I Development Regulations do not require direct concurrency for schools. The applicant indicated at the public hearing that the preliminary plat would be finalized immediately after preliminary plat approval, and the site would be developed as soon as possible. 61. The County Division of Utilities, and Consolidated Irrigation District, respectively certified the availability of public sewer and water for the proposal. Public sewer and water are currently stubbed into the site. The preliminary plat complies with the public sewer and water concurrency requirements of the City Phase I Development Regulations. 62. The proposed rezone and preliminary plat implement the policies of the Comprehensive Plan, as set forth in the Staff Report, and as supplemented in the analysis above. 63. The site is suitable for a rezone to the UR-7* zone, considering the location of the site at the intersection of two arterials, Flora Road and Mission Avenue; the availability of public transit and a high level of public services to the site; the proximity of the site to urban housing developed or being developed at net densities up to six(6) dwelling units per acre; the UR-7* zone and approved preliminary plat located south of the site across Mission Avenue; and designation of the site in the Low Density Residential category of the Comprehensive Plan, which category is implemented by the UR-7* zone. 64. In accordance with the City Subdivision Ordinance, the design, shape, size and orientation of lots in the preliminary plat are appropriate for the proposed use of such lots, and the character of the area in which the lots are located. 65. In accordance with the City Subdivision Ordinance, block dimensions in the preliminary plat reflect due regard for the needs of convenient access, public safety, emergency vehicle access, topography, road maintenance and provision of suitable sites for the proposed use. Road alignments in the proposal are designed with appropriate consideration for existing and planned roads, anticipated traffic patterns, topographic and drainage conditions, safety and the proposed use of the site. 66. Other than Central Valley School District, no public agencies objected to the proposal, as conditioned, or its environmental impact. The project will not have more than a moderate effect on the quality of the environment. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 8 67. Only one (1) neighboring property owner objected to the proposal. As conditioned, the project will be reasonably compatible with neighboring land uses; and will not adversely impact the public health, safety and general welfare. 68. The proposal has been conditioned for compliance with the UR-7* zone, the County Zoning Code, the County Subdivision Ordinance, and other applicable development regulations. No deficiencies with regard to the compliance of the proposal, as conditioned, with applicable development regulations have been established in the record. 69. Under Washington case law, a significant change of conditions in the area does not need to be demonstrated for the proposed rezone because it implements the City Comprehensive Plan. Significant changes, nevertheless, have occurred in the area since the zoning of the site was reclassified to the UR-3.5 zone in 2005. This includes the extension of public sewer to the site, designation of the site and neighboring land in the Low Density Residential category of the City Comprehensive Plan, and the recent approval of final plats and the development of urban housing adjacent to or near the site at residential densities up to six(6) dwelling units per acre. Based on the above findings of fact, the Hearing Examiner enters the following: III. CONCLUSIONS OF LAW 1. The City Zoning Code authorizes a site-specific amendment to the City Zoning Map, i.e. zone reclassification, if the amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare. See Zoning Code 14.402.020(1); and references to Zoning Code 14.402.020(1) in Zoning Code 14.402.020 and Zoning Code 14.402.160. 2. 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. 3. To be approved, the preliminary plat must comply with applicable development regulations; make appropriate provision for the public health, safety and general welfare; serve the public use and interest; and make appropriate provision for open spaces, drainage ways, streets or roads, other public ways, potable water supplies, transit stops, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, critical areas, fire/emergency access, sidewalks for children who reach school by walking, and other relevant facts and planning features. See RCW 58.17.110, City Subdivision Ordinance, and SVMC Chapter 10.35. 4. Under Washington case law, where there is a conflict between the policies of a comprehensive plan, and the zoning code or other development regulations adopted by the local government, the zoning code and development regulations are controlling over the policies of a comprehensive plan. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 9 5. A condition of approval should be added that requires the applicant to apply for an administrative exception to lot frontage requirements for Lots 5 and 6 of the preliminary plat, prior to final plat approval. 6. Because the City Phase I Development Regulations do not require direct concurrency for schools, the Hearing Examiner lacks authority to require postponement of any development of the site proposed after September of 2008, as requested by the Central Valley School District. 7. The proposed preliminary plat and zone reclassification to the UR-7* zone, as conditioned, generally conform to the Comprehensive Plan. 8. The preliminary plat and dedication will serve the public use and interest; and make appropriate provision for the public health, safety and general welfare. 9. The preliminary plat and dedication make appropriate provision for open spaces, roads, drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks for children who walk only to school, non-motorized transportation, sanitary wastes, potable water supplies, easements, utilities, planning features, and all other relevant facts as specified in RCW 58.17.110 and the City Subdivision Ordinance. 10 The proposed subdivision meets the general design requirements specified in Section 12.400.122 of the City Subdivision Ordinance, and other requirements for the approval of preliminary plats listed in Chapter 12.400 of such ordinance. 11. The proposed rezone bears a substantial relationship, and will not be detrimental, to the public health, safety or welfare. 12. A substantial change of circumstances has occurred in the area since the site was last zoned. 13. The procedural requirements of the State Environmental Policy Act and the City Environmental Ordinance have been met. The proposal, as conditioned,will not have a significant, probable adverse impact on the environment. 14. The proposal, as conditioned, complies with the UR-7* zone, the Aquifer Sensitive Overlay zone, other applicable provisions of the City Zoning Code, and other applicable development regulations. 15. A pp roval of the zone reclassification is appropriate under Cha p ter 14.402.020(1) of the City Zoning Code, and SVMC Chapter 10.35. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 10 IV. DECISION Based on the Findings of Fact and Conclusions of Law above, the subject application for a preliminary plat and zone reclassification 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. 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: A. General The following are general conditions of approval that apply to the rezone and preliminary plat approval in File No. REZ-26-06/SUB-07-06 (Flora Ridge): SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING DIVISION: 1. The Spokane Valley Interim Zoning Map shall be amended to specify an Urban Residential- 7* (UR-7*) zone designation for Parcel No. 55073.1446. 2. The final plat shall be developed in substantial conformance to the preliminary plat map of record submitted on September 7, 2006, including a maximum of twelve (12) single-family residential lots. Any proposed modification or revision to the preliminary plat, or the conditions of approval for the preliminary plat, shall comply with Section 12.100.120 (Modifications) of the Spokane Valley Interim Subdivision Ordinance. 3. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance, the preliminary plat approval for SUB-07-06 shall automatically expire on February 15, 2012, unless a time extension is approved for the project. If a request for an extension of time is not timely submitted and approved, the preliminary plat expires and is null and void. 4. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance, an application form and supporting data for a time extension must be submitted to the Director at least thirty(30) calendar days prior to expiration of the preliminary plat approval. 5. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale, lease, or transfer of any lot or parcel created pursuant to the City's Subdivision Ordinance 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 HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 11 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. 6. Except where noted in conditions of approval, the proposal shall comply with the provisions of Chapter 14.618 (UR-7*) of the Spokane Valley Interim Zoning Ordinance. Residential density (net) in the UR-7* zone is limited to six(6) units per acre. 7. Pursuant to Section 14.618.375 (Utilities) of the Zoning Code, all utility hardware shall be placed underground or screened from view with a decorative block wall or landscaping. Said screening shall be as tall as the highest portion of the equipment and shall be permanently maintained. 8. The applicant shall apply for an administrative exception from required lot frontages for Lots 5 and 6 of the preliminary plat. B. Prior to final plat approval, the applicant or successors in interest shall: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPT—PLANNING DIVISION_ 1. In order to comply with Section 14.618.365 (Walls) of the Zoning Code, the applicant shall, prior to final plat approval, construct a six(6)-foot high concrete, masonry, or decorative block wall, solid landscaping or sight-obscuring fence ("screening") along the final plat's north property line. Further, the applicant shall submit a written agreement agreeing that the applicant or successors in interest shall continuously maintain in good condition the six(6)-foot high screening. Further, the applicant shall at the same time agree that at time of sale of any and all of the parcels created through the short plat action, the applicant shall notify in writing all buyers of the requirement to maintain the six(6)-foot high screening along the portion of the property under their direct control. 2. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision Ordinance, the applicant shall submit a final plat made by or under the supervision of a professional land surveyor, who shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. All surveys shall comply with the Survey Recording Act(RCW Chapter 58.09), Survey and Land Descriptions (WAC Chapter 332-130), and the City of Spokane Valley's Interim Standards for Road and Sewer Construction, as amended. 3. The submitted final plat shall comply with all submittal requirements specified in Chapter 12.400 of the Subdivision Ordinance. 4. 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 UR-7* zone, or successor zone, in effect at the time of building permit application." HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 12 5. Demolition of the existing detached structures shall be permitted and final inspected by the City of Spokane Valley Building Division and Spokane County Air Pollution Control Authority, prior to final plat approval. SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING DIVISION: 6. Frontage improvements are required on Flora Road. Flora Road is designated as a Collector Arterial street. The frontage improvements include eighteen and one-half(18 1/2) feet of asphalt width from road centerline, Type B curb and gutter(2 feet), ten(10) foot roadside swale a ten(10) foot sidewalk. The total width of improvements is forty and one-half(401/2 ) feet. Current right-of-way is sixty(60) feet, with one-half( %2 ) of the right-of-way being thirty(30) feet. A border easement, which extends to back of sidewalk, of ten and one-half(10 %2 ) feet is required. The easement shall be referenced in the final plat language and designated on the final plat map. The 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). The building setback begins at the edge of the border easement. 7. Frontage improvements are required on Mission Avenue. Mission Avenue is designated as a Minor Arterial street. The frontage improvements include twenty three (23) of asphalt width from road centerline, Type B curb and gutter(2 feet), ten(10) foot roadside swale a five (5) foot sidewalk. The total width of improvements is forty(40) feet. Current right-of-way is sixty(60) feet,with one-half ( 1/2 ) of the right-of-way being thirty(30) feet. A border easement, which extends to back of sidewalk, of ten(10) feet is required. The easement shall be referenced in the final plat language and designated on the final plat map. The 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). The building setback begins at the edge of the border easement. 8. A Professional Engineer, licensed in the State of Washington, shall submit final street and drainage plans and a drainage report, including calculations that conform to the 2001 Edition of the Spokane County Standards for Road and Sewer Construction(as adopted by the City, and as amended); the 1998 Spokane County Guidelines for Stormwater Management(as adopted by the City, and as amended); and all other applicable standards. 9. Frontage improvements are required on Bell Street. Bell Street is designated as a Local Access street. The frontage improvements include fifteen(15) feet of asphalt width from road centerline, Type B curb and gutter (2 feet), ten(10) foot roadside swale, and a five (5) foot sidewalk. The total width of improvements is thirty-two (32) feet. The current right-of-way is thirty-eight(38) feet; with one-half ( 1/2 ) of the right-of-way being nineteen(19) feet. A border easement, which extends to back of sidewalk, of thirteen(13) feet is required. This shall be designated on the final plat language and map. The 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). The building setback begins at the edge of the border easement. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 13 10. A Professional Engineer, licensed in the State of Washington, is required to submit a final street drainage plans and a drainage report including calculations that conform to the 2001 Edition of the Spokane County Standards for Road and Sewer Construction(as adopted by the City, as amended), the 1998 Spokane County Guidelines for Stormwater Management (as adopted by the City, as amended), Spokane Valley Ordinance 05-013 (or as amended) and all other federal, state and local regulations. 11. A topographic low spot is located on the site at the Mission Road and Flora Road intersection. The drainage design shall include offsite as well as onsite runoff. 12. The internal street and driveway approach design shall follow the 2001 Spokane County Road and Sewer Standards as amended. 13. Transportation Concurrency has been met for this project. 14. Flora Road is designated as a Collector Arterial street. The required intersection spacing is a minimum of one hundred fifty(150) feet. 15. The applicant must show utility easements on the final plat(i.e. telephone, power, etc.) The permitee 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. The clear zone requirements can be found in the 2001 Spokane County Road and Sewer Standards, or as amended. 16. A landscaping plan, which shows the landscaping proposed to be placed in vegetated stormwater facilities, such as channels, ditches, swales, ponds, etc., must be submitted with the site construction plan for review. 17. A Temporary Erosion and Sedimentations Control(TESC) plan, prepared by a Washington State licensed Professional Engineer, shall be prepared and submitted with the site construction plans. The TESC plan is to follow 1998 Spokane County Guidelines for Stormwater Management. 18. The TESC structures (such as silt ponds, silt traps) shall be installed prior to the start of site work, and the TESC measures are to be implemented and maintained throughout the duration of construction and until the site has stabilized. 19. Right-of-way dedication and border easements much be designated on the final plat map. 20. Plat language will be determined at the time of final plat submittal. The applicant shall contact the City of Spokane Valley Public Works Department, prior to final plat submittal, for appropriate language. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 14 SPOKANE COUNTY DIVISION OF UTILITIES: 21. 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". 22. 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. The project lies within the Flora Meadows reimbursement area. The applicant should contact this office concerning that agreement. 23. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the project. 24. 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. 25. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design Plans. 26. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. SPOKANE REGIONAL HEALTH DISTRICT: 27. The final plat shall be designed substantially as indicated on the preliminary plat map of record and/or any attached sheets as noted. 28. Appropriate utility easements shall be indicated on copies of the preliminary plat of record, for distribution by the City Department of Community Development to the utility companies, City of Spokane Valley Public Works Department, and the Spokane Regional Health District. 29. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 30. Water service shall be coordinated through the Director of Utilities, Spokane County. 31. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 15 32. 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. 33. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire protection use shall be approved by the water purveyor. Said water plan must have been approved by the fire protection district and the appropriate health authorities. The health authorities, water supplier(purveyor), and the fire protection district will certify, prior to the filing of the final plat, on the face of said water plan that the plan is in conformance with their requirements and will adequately satisfy their respective needs. Such water plan and certification will be drafted on a transparency suitable for reproduction. 34. 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. 35. A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not be authorized. 36. A statement shall be placed in the dedication to the effect that: "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." 37. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." 38. The fmal plat dedication shall state: "The public water system, pursuant to the Water Plan approved by county and state health authorities, the local fire protection district, City of Spokane Valley Building Division and water purveyor, shall be installed within this subdivision and the applicant shall provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot." SPOKANE COUNTY FIRE DISTRICT NO. 1: 39. Addressing and street names are required to be consistent with area streets and addresses. 40. The installation of one (1) new fire hydrant will be required on the northeast corner of Flora Road and Augusta Court. 41. The applicant shall provide a water plan showing the location of the required hydrant and the size of the water main. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 16 42. Nora Court must be changed to Augusta Court. AVISTA UTILITIES: 43. A ten(10)-foot wide easement strip is required along all sides of the plat, and adjacent and behind the private access of Augusta Court. 44. The face of the final plat shall state: "Dry Utility easements shown on the herein described plat are hereby dedicated for the use of serving utility companies for the construction, reconstruction, maintenance, protection, inspection and operation of their respective dry facilities, i.e., fiber optic, cable, phone, natural gas and electric, together with the right to prohibit changes in grade that will alter the existing coverage over install underground facilities and the right to prohibit, trim or remove trees, bushes, landscaping situated within said easement and to prohibit structures that may interfere with the inspection, construction, reconstruction, reliability, maintenance, and safe operation of same. Said provision does not prohibit lateral crossing of said easement with residential water or sewer service lines, but shall prohibit installation of water meter boxes in said easement. In addition, the installation of street light poles, unless installed by serving utility and brick, rock or masonry structures within the aforementioned utility strip unless installed by a serving utility, is prohibited." C. Prior to or during on-site construction the applicant or successors in interest shall: SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING 1 DIVISION: 1. Permits are required for any access to or work within the right-of-way of the Spokane Valley roadway system. 2. A pre-construction conference with Public Works is required prior to the start of construction. During this meeting, standards and submittal requirements for the Construction Certification will be given to the project engineer/inspector. 3. For construction affection public right-of-way the following process must be done: a. Thirty(30) days prior to construction, the applicant shall mail out 4"x6" minimum size postcards to all residents and businesses within four hundred(400) feet of the project limits and one copy shall be sent to Spokane Valley Public Works Department providing project construction details. These addresses can be obtained from a title company. b. Fourteen(14) days prior to construction, a sign shall be securely posted at each ingress to the project area that is clearly visible from the right-of-way providing project construction details. 4. The Regional Pavement Cut Policy(Spokane Standards, Technical Reference F) may prevent or limit pavement cuts in the adjacent street(s). HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 17 5. Upon completion of the frontage improvements, a Construction Certification package, prepared by the Professional Engineer who prepared the civil site and drainage plans, is required for the improvements and shall be submitted and approved prior to releasing the performance surety. A pre-construction conference with Spokane Valley Public Works Department is required prior to the start of construction. During this meeting, standards and submittal requirements for the Construction Certification will be given to the project engineer/inspector. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY: 6. 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. 7. 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. 8. Debris generated as a result of this project shall be disposed of by means other than burning. 9. If objectionable odors result from this project, effective control apparatus and measures shall be taken to reduce odors to a minimum. 10. Special attention shall be given to proper maintenance of diesel powered construction equipment to reduce the impact of diesel exhaust, a suspended carcinogen. 11. A Notice of Construction and Application for Approval shall be submitted and approved by SCAPCA prior to the construction, installation, or establishment of an air pollution source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas heating equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr(input) or higher. Contact SCAPCA for a Notice of Application. 12. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or asbestos project. An asbestos survey must be done by an AHERA accredited building inspector prior to the demolition or renovation of buildings to determine if asbestos-containing material is present at the site. Contact SCAPCA for a Notice of Intent application. 13. SCAPCA strongly recommends that all traveled surfaces (i.e. ingress, egress, parking areas, access roads, etc.) be paved and kept clean to minimize dust emissions. SPOKANE TRIBE OF INDIANS 14. If any artifacts or human remains are found upon excavation, the office should be notified immediately and the work in the immediate area cease. HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 18 WASHINGTON STATE DEPARTMENT OF ECOLOGY 15. Proper erosion and sediment control practices may be used on the construction site and adjacent areas to prevent upland sediments from entering surface water. Local stormwater ordinances will provide specific requirements. Also refer to the Stormwater Management Manual for Eastern Washington, at http://www.ecy.wa.gov/programs/wq/stormwater/eastern manual/manual.html. All ground disturbed by construction activities must be stabilized. When appropriate, native vegetation typical of the site should be used. DATED this 15th day of February, 2007 CITY HEARING EXAMINER PRO TEM ch4graja4 Mic .el C. Dempsey, W BA 15 5 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Section 10.35.150 of the City of Spokane Valley Municipal Code (SVMC), as amended, the decision of the Hearing Examiner on a combined application for a zone reclassification and preliminary plat is final and conclusive unless within fourteen(14) calendar days from the Examiner's written decision, a party of record aggrieved by such decision files an appeal with the City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington; in accordance with all the requirements of SVMC#10.35.150. This decision was mailed by certified mail to the Applicant, and by first class mail to other parties of record, on February 15, 2007. THE APPEAL CLOSING DATE IS MARCH 1, 2007. 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, (509) 477-7490. The file may be inspected during normal working hours, listed as Monday- Friday of each week, except holidays, between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected at the City of Spokane Valley Department of Community Development, Division of Current Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the record will be made available at the cost set by City of Spokane Valley Ordinance. 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 REZ-26-06/SUB-07-06 Page 19