REZ-17-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification from )
the Urban Residential-3.5 (UR-3.5) Zone ) FINDINGS OF FACT,
to the Urban Residential-7* (UR-7*) Zone, ) CONCLUSIONS OF LAW,
and Application for a Preliminary Plat; ) AND DECISION
Applicant: Flagstone Development Group )
File No. REZ-17-05/SUB-11-05 )
I. SUMMARY OF DECISION
Hearing Matter: Applications for a rezone from the UR-3.5 zone to the UR-7* zone, and a
preliminary plat, for the development of divided duplexes and single-family dwellings.
Summary of Decision: Approve applications, subject to conditions of approval. The preliminary
plat will expire on March 7, 2011. 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 3.48 acres of land;
and a preliminary plat to subdivide such acreage into 18 lots, including 16 lots for divided
duplexes and two (2) lots for single-family dwellings.
2. The site is located along the west side of Hodges Road, between and adjacent to Fourth
Avenue and the unimproved right of way for Second Avenue, Spokane Valley. The property is
situated in the NW 1/4 of Section 20, Township 25 North, Range 45 East, Willamette Meridian,
Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel number 55202.0177, and is
legally described on the preliminary plat map of record. The existing residence on the site has a
street address of 19419 East 4th Avenue, Spokane Valley, Washington.
4. The applicant and site owner is Flagstone Development Group/Brett Sullivan, 16114 East
Indiana Suite 205, Spokane.Valley, Washington 99216.
5. On June 27, 2005, the applicant submitted applications for a zone reclassification and
preliminary plat, and a preliminary plat map, in the above file. The applications became complete
for vesting purposes on August 16, 2005,when application fees were paid. The applicant
submitted a revised preliminary plat map on November 8, 2005, which is considered the
preliminary plat map of record.
HE Findings, Conclusions and Decision REZ-17-05/SUB-1 1-05 Page 1
6. On December 20, 2005, the City Department of Community Development issued a
Determin_ l•s • ►•l ',11u'11 . i - IL • a- • ••• . a- . . a• .ppealed
7. The Hearing Examiner conducted a site visit on January 25, 2006, and conducted a public
hearing on January 26, 2006. The requirements for notice of public hearing were met.
8. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the Spokane Valley
Municipal Code (SVMC), and the Hearing Examiner Rules of Procedure.
9. The following persons testified at the public hearing:
Karen Kendall,Assistant Planner Brett Sullivan
Spokane Valley Community Development Dept. 16114 E. Indiana Avenue, Suite 205
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99216
Spokane Valley, WA 99206
John Konen Kendell Cypert
510 East 3rd Avenue 19403 E 4th Avenue
Spokane, WA 99202 Greenacres, WA 99016
Jim Sullivan Tracey Carter
16114 E. Indiana, Suite 205 16114 E. Indiana
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Kathy Tabbert Wanda Jefferies
18505 E 4th Avenue 525 S. Cavalier Court
Greenacres, WA 99016 Greenacres, WA 99016
Jacqueline Cybert Katherine Lowry
19403 E. 4th Avenue 19317 E. 4th
Greenacres, WA 99016 Greenacres, WA 99016
Donald McCabe Joe Kramon
610 S. Colonial Drive 12810 E. Nora Suite E
Greenacres, WA 99016 Spokane Valley, WA 99216
Rod LaFrance Sandra Raskell, Development Engineer
19366 E. Sprague Spokane Valley Public Works Department
Spokane Valley, WA 99016 11707 E. Sprague Avenue, Suite 206
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code and
maps, 2001 City Standards for Road and Sewer Construction, City Guidelines for Stormwater
Management, City Code, other applicable development regulations, and prior land use decisions in
the vicinity.
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 2
11. The r- •_• .1 •- I- all u-a .1 • - ►. — —1 1C— —1 . .- 'u- • a-
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 3.48 acres in size, and is relatively flat in topography. The
southeast corner of the property is improved with a single-family residence and barn,which access
Fourth Avenue. The remainder of the site consists of an open field used previously for pasture.
The site is vegetated with native grasses,weeds, shrubs and a few trees.
13. The preliminary plat map illustrates 16 divided duplex lots, ranging in size from 5,800
square feet to 7,270 square feet; a 15,120-square feet lot for the existing single-family dwelling,
and a 14,742-square foot lot for a proposed single-family dwelling.
•
14. The density(net) of the preliminary plat is six(6) dwelling units per acre. The two (2) lots
located along Fourth Avenue would access Fourth Avenue. The remaining lots would access
Hodges Road via the two internal public roads in the preliminary plat. The four(4) lots abutting
the Second Avenue right of way could access Second Avenue if such road is extended west of
Hodges Road as a public road. •
15. Effective January 1, 1991, Spokane County reclassified the zoning of the site and
neighboring land lying westerly of Hodges Road to the UR-3.5 zone of the County Zoning Code,
and reclassified the zoning of the land lying east of Hodges Road, northerly of Sprague Avenue,
to the Light Industrial(I-2) zone; pursuant to the Program to Implement the Spokane County
Zoning Code. In 1991, the County rezoned the lying east of the site, south of Sprague Avenue,
to the Suburban Residential-1 (SR-1) zone of the County Zoning Code. See File No. ZE-42-91.
16. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations; pursuant to the
State Growth Management Act. The County Phase I Development Regulations designated the
site and neighboring land in the UGA.
17. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category; except for the land lying northeast of the intersection of Hodges
Road and Sprague Avenue, which was designated in the Light Industrial category.
18. The County Phase I Development Regulations retained the zoning of the land in the area;
except for reclassifying the zoning of the land lying east of Hodges Road, south of Sprague
Avenue, to the Urban Residential-7* (UR-7*) zone.
19. On March 31, 2003, the City of Spokane Valley was incorporated, which included the site
and neighboring land lying west of Hodges Road and north of Eighth Avenue. On the same date,
the City adopted by reference, as City land use controls, the County's Comprehensive Plan,
Zoning Code, Phase I Development Regulations and certain other County development
regulations; with certain revisions.
BE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 3
20. The City Comprehensive Plan and City Phase I Development Regulations, respectively,
retained the comprehensive •lan desi.nations and zone classific.tion im•• -• • •- • my
Comprehensive Plan and County Phase I Development Regulations for the site and land in the
vicinity. The site is located inside the Aquifer Sensitive Area(ASA) Overlay zone of the City
Zoning Code.
21. Effective June 1, 2004, the County adopted a new County Zoning Code and County Phase 2
Development Regulations. The County Phase 2 Development Regulations reclassified the zoning
of the land lying east of Hodges Road, south of Sprague Avenue, in the new Low Density
Residential(LDR) zone; and reclassified the zoning of the land lying northeast of the intersection
of Hodges Road and Sprague Avenue in the new Light Industrial(LI) zone.
22. On May 5, 2003, the Hearing Examiner approved the preliminary plat of Asher Place, to
divide 4.85 acres of land located approximately one-fourth(1/4) mile southwest of the site, along
the north side of Eighth Avenue, into 17 lots for single-family dwellings; along with a rezone of
such land to the UR-7* zone. The density(net) of the preliminary plat was 3.9 dwelling units per
acre. See decision in File No. PE-1917-03/ZE-3-03. The final plat of Asher Place has been
recorded and developed.
23. On December 24, 2003, the Hearing Examiner approved the preliminary plat of 4th and
Hodges, to divide 18.66 acres of land located at the southwest corner of the intersection of
Fourth Avenue and Hodges Road, between the site and the final plat of Asher Place, into 63 lots
for single-family dwellings, in the UR-3.5 zone. The density(net) of the preliminary plat was
approximately 4.1 dwelling units per acre, and the average lot size was 10,865 square feet. See
decision in File No. SUB-13-03. Such preliminary plat has been finalized as the final plats of
Country Crossing and Country Cross Addition, which have been recorded are in the process of
being developed.
24. Neighboring land primarily consists of single-family homes on parcels one (1) acre in size or
larger, some of which feature nonconforming large animal keeping; except for the urban sized
residential lots located to the southwest in the final plats of Country Crossing, Country Crossing
Addition and Asher Place; a 15,000-square foot lot located directly north of the site across the
Second Avenue right of way; and several half(1/2) acre lots and a few duplex units located at
various distances west of the site.
25. Two preliminary short plat applications have been submitted to the City to divide two (2)
165-foot wide strips of land lying approximately one-fourth(1/4) mile west of the site, oriented
north and south between Sprague Avenue and Fourth Avenue, and separated by the right of way
for Second Avenue, into one-half(1/2) acre lots for single-family dwellings, in the UR-3.5 zone.
See File Nos. SHP-05-05 and SHP-10-05.
26. On February 2, 2006, the Hearing Examiner was scheduled to conduct a public hearing on a
proposed rezone of 4.57 acres of land lying approximately 400 feet northwest of the site, between
and adjacent to Second Avenue and Sprague Avenue, from the UR-3.5 to the UR-7* zone; and a
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 4
preliminary plat application to divide such acreage into 17 lots for single-family dwellings, at a
density(net) of 4.39 dwelling units per acre. See File No. REZ-27-05/SUB-12-05.
27. A 9-acre parcel improved with a commercial greenhouse and residence is located directly
north and northwest of the site, across the Second Avenue right of way. A manufactured home
park is located north of Sprague Avenue, east of Hodges Road. A 9-acre parcel of undeveloped
land used for pasture is located east of the site across Hodges Road, on land zoned Low Density
Residential(LDR) by Spokane County. A gun club and vacant land are found northeast of the
intersection of Hodges Road and Sprague Avenue, on land zoned Light Industrial(LI) by
Spokane County. Commercial uses are found to the north along Appleway Avenue. The City of
Liberty Lake is located one-half(1/2) east of the site, east of Henry Road.
28. The City Arterial Road Plan(2004 printing) designates Sprague Avenue and Eighth Avenue
in the vicinity as Urban Collector Arterials, Barker Road as an Urban Minor Arterial, and
Appleway Avenue as an Urban Principal Arterial. The other City roads in the vicinity, including
Fourth Avenue and Hodges Road, are considered Local Access roads.
29. Hodges Road is paved to a width of 24 feet, without curb or sidewalk, between Fourth
Avenue and Sprague Avenue; and is paved to a greater width south of Fourth Avenue. Curb and
sidewalk are found to the south along the west side of Hodges Road and the south side of Fourth
Avenue, adjacent to the final plat of Country Crossing.
30. A large number of neighboring property owners expressed opposition to or concerns
regarding the preliminary plat; including concerns over density, lot sizes, duplex and rental
housing, conflicts with neighborhood character, impacts on property values, increased crime,
increased traffic on neighboring roads, potential extension of Second Avenue west of Hodges
Road as a public road, lack of sidewalks, impacts on local public schools, impacts on law
enforcement and fire protection services, conduct of construction workers, impact on public
water, and increased noise.
31. The City Zoning Code authorizes a site specific amendment to the City Zoning Map (i.e.
rezone) 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 14.402.160.
32. 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.
33. 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,
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 5
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.
34. RCW 36.70B.030 requires that a comprehensive plan and development regulations adopted
by local government under the State Growth Management Act (GMA) serve as the foundation for
project review; and that where standards for development are set forth in local development
regulations, or in the absence of applicable development regulations, are addressed by a
comprehensive plan, such regulations or the comprehensive plan, respectively, are determinative
of the features of development regulated by such standards. This includes, at a minimum, the type
of land use permitted in a development, if the criteria for their approval has been satisfied; the
density of residential development in urban growth areas; and the availability and adequacy of
public facilities identified in a comprehensive plan, if the comprehensive plan or development
regulations provide for funding of such facilities as required by the GMA. Local governments
may not reexamine alternatives to or hear appeals regarding such items during project review,
except for issues of code interpretation.
35. 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.
36. Under Washington case law, "community displeasure", standing alone, cannot be the basis
for denying a land use application. The decision must be based on the criteria established by
statute and local development regulations for consideration of the application.
37. 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 subject property. 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.
38. The UR-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
single-family homes, duplexes and various other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres. The minimum frontage for a single-family or
duplex dwelling in the UR-3.5 zone is 80 feet, the minimum lot size for a single-family residence
is 10,000 square feet, and the minimum lot size for a duplex dwelling is 20,000 square feet.
39. 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-17-05/SUB-11-05 Page 6
40. The City Phase I Development Regulations limit new residential development on land
rezoned to the UR-7 to a maximum density of six(6) dwelling units per acre. Such zoning is
referred to by the City as the "UR-7*" zone. 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, and for a duplex dwelling are
respectively 11,000 square feet and 90 feet.
41. 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.
42. The divided duplex provisions of Chapter 14.818 of the City Zoning Code permit division of
a duplex and the lot on which it constructed, to allow separate ownership of each dwelling unit in
the duplex and each associated portion of the duplex lot, under certain conditions. The duplex lot
must be divided in a manner that creates as nearly as possible equal lineal road frontage and
provides a smaller yard area for each dwelling unit. A common fire wall meeting regulatory
standards must be provided for the divided duplex. The duplex lot must meet the development
standards for duplexes of the zone involved prior to duplex division.
43. Policy UL.8.1 and Goal UL.8 of the Comprehensive Plan recommend the creation of urban
areas with a variety and mix of housing types and prices in residential areas. Policy UL.9.1
recommends that residential densities in the Low Density Residential category of the
Comprehensive Plan range from 1-6 dwelling units per acre. Policy UL.9.2 recommends that the
City seek to achieve an average residential density in new development of at least four (4)
dwelling units per acre, through a mix of densities and housing. The proposed rezone and
preliminary plat implement such policies.
44. Policy H.3.2 of the Comprehensive Plan recommends that infill development be designed to
preserve the character of the neighborhood. Design standards adopted by the County are
intended to ensure neighborhood character and compatibility with adjacent uses. See page UL-1
of Comprehensive Plan.
45. Policy UL.2.11 of the Comprehensive Plan promotes the linkage of developments with open
space, parks, natural areas and street connections. Policy T.4a.9 of the Comprehensive Plan
states that adequate access to and circulation within all developments shall be maintained for
emergency service and public transportation vehicles.
46. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be
required on public roads in all new residential subdivisions. Policy T.3e.1 recommends that the
City transportation network provide safe and convenient bicycle and walking access between
housing, recreation, shopping, schools, community facilities and mass transit access points; and
that obstructions and conflicts with pedestrian and bicycle movement be minimized.
47. Policy UL.2.20 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 all means of
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 7
transportation; but finds that cul-de-sacs and other closed street systems may be appropriate
under certain circumstances.
48. Policy T.4a.13 and Policy UL.2.21 of the Comprehensive Plan encourage the development
of local access roads that are curvilinear, narrow, or use other street designs consistent with safety
requirements, to discourage through traffic in neighborhoods; where such design fits into the
surrounding street systems or aids in implementing specific land use designs.
49. Policy T.2.2 of the Comprehensive Plan recommends that transportation improvements
needed to serve new development be in place at the time new development impacts occur, or that
a financial commitment, consistent with the City's Capital Facilities Plan, be made to complete the
improvement within six(6)years.
50. Policy T.4a.2 of the Comprehensive Plan recommends that the capacity of existing roads be
maximized to minimize the need for new or expanded roads, through the use of signalization,
improved signage and other means.
51. Policies CF.6.3 and CF.7.2 of the Comprehensive Plan recommend that the City prohibit the
extension of water or sewer service to new development that will degrade the level of service
below minimum level of service standards.
52. Policy P0.3.3 of the Comprehensive Plan recommends that new development mitigate a
portion of its direct impacts on the availability of parks, open space and recreation facilities; using
methods such as dedication of land, donation of labor, donation of equipment and materials, or
entering into an agreement with the County to provide for payment of a fee.
53. Policy CF.9.6 of the Comprehensive Plan encourages the expansion of school facility
capacity at a comparable rate with that of private residential development and demographic
trends. Policy CF.9.7 recommends that the adequacy of school facilities be considered when
reviewing new residential development.
54. The Staff Report sets forth other relevant policies of the Comprehensive Plan.
55. Guidelines set forth in the City 2001 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.
56. The City Road Standards require the installation of curb and sidewalk along the frontage of
new residential developments, and along both sides of a new public road, in the urban residential
zones of the City Zoning Code. The standards require separated sidewalk, unless City
Engineering authorizes a deviation based on local conditions and other factors.
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 8
57. City Engineering conditions of approval require the applicant to improve Hodges Road and
Fourth Avenue alon• the fron .•- • •- - • ' -.. 'I• s •. -• • • I • i- •.• • -
from centerline; and adding curb, gutter and sidewalk within a 12-foot wide border easement.
The internal public roads must be improved to City public road standards.
58. City Engineering conditions of approval require the applicant to improve the frontage of the
site with the Second Avenue right of way by adding pavement, curb and sidewalk; which
obligation the applicant may alternatively satisfy by agreeing to participate in a future local
improvement district (LID) for such improvements. Such conditions prohibit access from the lots
in the project fronting Second Avenue until such time as Second Avenue is improved.
59. The environmental checklist indicates that the proposal is expected to generate only 17-18
PM peak hour vehicle trips and 18-10 AM peak hour vehicle trips per day. City Engineering
found that the proposed preliminary plat meets the transportation concurrency requirements of the
City Phase I Development Regulations.
60. The short plats and preliminary plat proposed west of the site, if approved, will be required
to improve the Second Avenue right of way along the frontage of such developments. If this
occurs, there would still be a gap of approximately 410 feet of the right of way lying west of the
site that would remain unimproved. The applicant indicated that it would cooperate in any effort
by the City to prevent vehicles from accessing Hodges Road along the right of way for Second
Avenue adjacent to the site, including the erection of a barricade, while such right of way remains
closed to public travel.
61. The proposal is being required to bear its proportionate share of public road improvements,
including the extension of sidewalk along Hodge Road, Fourth Avenue, Second Avenue
(provisionally) and internally. The proposal provides adequate connectivity to the public road
system in the area, and potential future connections to public roads that may developed west of
the site. The project directs traffic to Hodges Road and Sprague Avenue, thereby reducing
impacts to existing homes located along Fourth Avenue to the west. The cul-de-sac easements at
the west end of the internal streets in the preliminary plat provide an adequate turnaround for fire
and emergency vehicles.
62. Competent evidence of a traffic engineering nature was not submitted by project opponents
to establish that the proposal would have a significant adverse impact on the level of service at
road intersections impacted by traffic from the project, would not meet transportation
concurrency requirements, or have any significant adverse impact on traffic or pedestrian safety
on neighboring streets.
63. County Utilities certified the availability of public sewer to the preliminary plat, through
connection to a sewer line being constructed by the developer of the final plats of Country
Crossing and Country Crossing Addition. Consolidated Water District#19 certified the
availability of public water to the preliminary plat.
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 9
64. The proposal is required to comply with the City Guidelines for Stormwater Management;
including proper management and treatment of stormwater, and protection of the improvements
developed on the site and neighboring properties from drainage impacts.
65. The City Phase I Development Regulations do not require direct concurrency for schools,
parks, law enforcement services or fire protection services. The City has not established
development regulations to impose impact fees on proposed development for such facilities and
services.
66. City Parks and Recreation, and Central Valley School District, respectively, did not
comment on the project. The need to bus students within a school district to meet school capacity
needs is generally not considered a significant adverse environmental impact. The project is small,
and would appear to have a minor impact on neighboring public schools, and City park and
recreational facilities.
67. If a final plat is approved for the site, any construction of homes or the installation of
utilities on the site would be required to comply with the air pollution control regulations of the
Spokane County Air Pollution Control Regulations, and applicable noise regulations adopted by
the City. Such impacts are temporary in nature, and would be similar to the impacts generated by
development of the site for residential housing under its existing UR-3.5 zoning.
68. The applicant indicated that it would design and monitor construction of all the housing
units in the development, strict instructions are imposed for the conduct of construction workers
while working on the applicant's building sites, and a homeowner's association would be formed
to provide design review for the housing units developed on the site.
69. The applicant indicated that the design of the project for divided duplex lots was driven by
the narrow width of the site, City Engineering requirements for public road access, and high
infrastructure costs; which factors made it physically and economically difficult to develop
standard single-family home lots on the site. The location of the site adjacent to two (2) public
streets and a public right of way; and a short distance from Sprague Avenue, a designated Urban
Collector Arterial, makes is more appropriate for higher density housing.
70. The architectural rendering of a typical divided duplex that may be developed in the project,
submitted by the applicant, illustrates an attractive façade, high quality design, 2-car garages and
individual driveways for each unit. The applicant indicated that other housing designs would be
implemented in the project; but that each housing unit would have at least a 2-car garage, be of
high quality, marketed for sale and not rental, have a value of at least $200,000 per unit, and have
a high enough value to deter long term rental.
71. The City Zoning Code will require the applicant to install a 6-foot high sight-obscuring
screen along the west border of the proposed subdivision. The preliminary plat map illustrates a
continuous fence along the west border of the site. Such fencing, along with the larger single-
family lots proposed in the south end of the preliminary plat, will help buffer the 1.3 acre parcel
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 10
.
abutting the site on the west, the south end of which is developed with a single-family home, from
the higher density housing in the project.
72. There is no competent evidence in the record that the proposal will have any significant
adverse impact on property values in the area, or increase crime in the area. The land located east
of the site in the unincorporated area is zoned LDR by Spokane County, which zone permits a
maximum residential density(net) of six(6) units per acre and is otherwise similar to the City's
UR-7* zone.
73. 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.
74. 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.
75. 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.
76. 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.
77. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
78. 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.
79. 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 1991. This includes the extension of public sewer to the area,
adoption of the City Comprehensive Plan and designation of the site and neighboring land in the
Low Density Residential category of the Comprehensive Plan, adoption of the City Phase I
Development Regulations, inclusion of the site and neighboring land in the City of Spokane
Valley, the recent approval of other UR-7* zoning and urban residential housing in the vicinity, •
road improvements along Hodges Road and Fourth Avenue near the site, and the rezoning of land
east of the site to the LDR zone of the County Zoning Code.
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 11
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed preliminary plat and zone reclassification to the UR-7* zone, as conditioned,
generally conform to the Comprehensive Plan.
2. The preliminary plat and dedication will serve the public use and interest; and make
appropriate provision for the public health, safety and general welfare.
3. 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.
4. 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.
5. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
6. A substantial change of circumstances has occurred in the area since the site was last zoned.
7. 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.
8. 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.
9. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and SVMC Chapter 10.35.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject applications 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.
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 12
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land level pment
CONDITIONS OF APPROVAL:
A. General
The following general conditions of approval shall apply to the rezone and preliminary plat
approval in File No. REZ-17-05/SUB-11-05 (Covey Glen):
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential-
7* (UR-7*) designation for Parcel No. 55202.0177.
2. The approved preliminary plat shall be designed in substantial conformance to the
preliminary plat map submitted on November 8, 2005. The final plat shall have a maximum of 18
dwelling units, including no more than fourteen(16) duplex division lots and at least two (2)
single-family residential lots, unless a change of conditions application is submitted and approved
pursuant to Section 12.100.120 (Modification) of the Spokane Valley Interim Subdivision
Ordinance ("Subdivision Ordinance").
3. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance
("Subdivision Ordinance"), the preliminary plat approval in File No. SUB-11-05 shall
automatically expire on March 7, 2011, unless a time extension application is timely submitted
and approved for the preliminary plat. If a request for an extension of time is not submitted and
approved, the preliminary approval expires and the plat 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 time extension requests must be submitted to the
Director at least thirty(30) calendar days prior to the expiration of the preliminary plat on March
7, 2011
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 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 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.
BE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 13
6. Except where noted in conditions of approval, the proposal shall comply with the provisions
of Chapter 14.618 (Urban Residential-7*) of the Spokane Valley Interim Zoning Code ("Zoning
Code").
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.
B. Prior to fmal plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—
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 along the final plat's north, south and east
property lines. Further, the applicant shall submit a written agreement agreeing that the applicant
or successors in interest shall continuously maintain in good condition the 6-foot high screen.
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 6-foot screen along the portion of the property under their direct
control.
2. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision Ordinance,
a final plat shall be submitted and shall be 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 application shall comply with all submittal requirements specified
in Chapter 12.400 of the Subdivision Ordinance.
4. Pursuant to Section 12.400.144 (Filing) of the Subdivision Ordinance, the City of Spokane
Valley shall record with the Spokane County Auditor's Office the final plat, upon receipt of all
required signatures on the face of the plat, provided that also pursuant to such ordinance
section, the applicant shall prior to recording submit all required recording fees, including
appropriate fees to pay for the cost of three (3) copies of the recorded final plat for distribution
to the City of Spokane Valley Planning, Engineering and Building Divisions.
5. Submit a final plat containing the following note on the face of the 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 UR-7*
zone or successor zoning designation in effect at the time of building permit application.
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 14
6. Demolition of the existing detached structure (barn) shall be permitted and final inspected by
the City of Spokane Valley Building Division prior to final plat approval.
7. Each dwelling unit comprising a duplex shall have individual utility systems and separate
residential systems as would be required of any single-family dwelling.
•
8. Additionally, the dedicatory language shall provide that each owner of a duplex dwelling unit shall
equally share in the cost of maintaining and/or repairing the common sewer system. This cost-sharing
provision shall be reduced to writing, executed by the owners of the duplex dwelling units, run with the
land and not the terminable without approval of the Community Development Department at the City
of Spokane Valley.
9. A common wall(fire wall) existing between each duplex unit shall comply with all provisions of
the Uniform Building Codes as found in RCW Chapter 19.27. (See Department of Building and Safety.)
10. Each duplex dwelling unit shall have direct access to its associated yards.
11. Divisions of duplex dwelling units under this section shall apply to vertical lines with no horizontal
overlapping of ownership over or under either duplex unit.
12. The dedicatory language of the subdivision plat for a duplex shall contain language, or make
reference to documentation containing language, which shall be recorded with the Spokane County
Auditor's Office, governing the easements for ingress/egress, utilities, drainage, as well as obligations
governing maintenance, repairs or additions to either dwelling unit comprising the duplex. The
dedicatory language or documentation shall also provide that it shall not be amended except with prior
approval of the Community Development Department. The dedicatory language of documentation
•
shall contain a statement that, in the event it is necessary to replace more than fifty percent (50%) of
either dwelling unit comprising the duplex for any reason whatsoever, including but not necessarily
limited to fire, explosion or other destructive forces, said dwelling unit shall be rebuilt or restored as a
duplex.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING
DIVISION:
13. If any grading is conducted on the site, engineered grading permits shall be required per City of
Spokane Valley Municipal Code (SVMC) Chapter 10.15, Article II, subsection 10.15.120
(Residential Subdivision Grading).
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT- DEVELOPMENT ENGINEERING
DIVISION: j•
14. 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
BE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 15
amended), the 1998 Spokane County Guidelines for Stormwater Management(as adopted by the City,
and as amended), and all other applicable standards.
15. Frontage improvements are required for Hodges Road. Hodges Road is designated as a Local
Access Street. Existing right-of-way consists of twenty(20) feet from centerline to property frontage.
Improvements required include a total of fifteen(15) feet of asphalt from centerline to property
frontage, Type B curb and gutter, ten(10) foot planter strip, and a five (5) foot sidewalk. This requires
a twelve (12) foot border easement.
16. Frontage improvements are required for 4th Avenue. Fourth Avenue is designated as a Local
Access Street. Existing right-of-way consists of twenty(20) feet from centerline to property frontage.
Improvements required include a total of fifteen(15) feet of asphalt from centerline to property
frontage, Type B curb and gutter, ten(10) foot planter strip, and a five (5) foot sidewalk. This requires
twelve (12) foot border easement.
17. Frontage improvements are required on 2nd Avenue for this project. These include street
widening, curb and gutter, planting strip, and sidewalk.
18. To construct the street improvements stated above, the applicant may, with approval of the
Director of Public Works,join in and be a willing participant in any petition or resolution which
purposes is the format of a Local Improvement District (LID) for said improvements pursuant to
RCW35.43, as amended. At such time as a LID is created or any Street Improvement Project is
sanctioned by Spokane Valley, the improvements required will be at the sole expense of the
undersigned owner, their heirs, grantees and assigns. This provision is applicable to 2nd Avenue.
19. As an alternative method of construction the street improvements above, the applicant may,with
the approval of the Public Works Director, accomplish the street improvements by joining and
participating in a City Street Project (CSP) to the extent of the required street improvements. At such
time as a LID is created or any Street Improvement Project is sanctioned by Spokane Valley, the
improvements required will be at the sole expense of the undersigned owner, their heirs, grantees and
assigns. This provision is applicable to 211d Avenue.
20. Right-of-way dedication of a 20-foot radius is required at the intersections of 2nd Avenue/Hodges
Road and 4th Avenue/Hodges Road.
21. All internal streets shall be public streets,with right-of-way dedications of 38' and Border
Easements of 13 feet.
22. Transportation Concurrency has been met for this project.
23. Access to Lots 1 through 4 is denied from 2nd Avenue, until such time as 21'd Avenue is improved.
24. Final plat language will be determined at the time of final plat application. Please contact
Spokane Valley Public Works to obtain this language.
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 16
SPOKANE COUNTY DIVISION OF UTILITIES:
25. 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. This proposal is located within the
designated reimbursement area of a sewer extension agreement. Latecomer fees are due prior to
approval of final plat by Division of Utilities. Contact Division of Utilities for additional
information."
26. 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.
27. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the preliminary plat.
28. 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.
29. Security shall be submitted to the Division of Utilities prior to approval of the Sewer
Design Plans.
SPOKANE REGIONAL HEALTH DISTRICT:
30. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
31. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Planning Department to the utility companies, City of Spokane Valley
Public Works Department, and the Spokane Regional Health District. Written approval of the
easements by the utility companies shall be received prior to the submittal of the final plat.
32. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
33. Water service shall be coordinated through the Director of Utilities, Spokane County.
34. 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-17-05/SUB-11-05 Page 17
35. 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.
36. 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 plant,
on the face of said water plan that the plan is in conformance with their requirements and will
adequately satisfy their respective needs. Said water plan and certification will be drafted on a
transparency suitable for reproduction.
37. 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.
38. 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.
39. 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."
40. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
41. The final plat dedication shall contain the following statement: "The public water system,
pursuant to the Water Plan approved by county and state health authorities, the local fire
protection district, the City of Spokane Valley Building and Safety Department and water
purveyor, shall be installed within this subdivision and the applicant shall provide for individual
domestic water service as well as fire protection to each lot prior to sale of each lot and prior to
issuance of a building permit for each lot."
SPOKANE COUNTY FIRE DISTRICT NO. 1:
42. The proposed name `Abigail Avenue' shall be renamed.
43. 3rd Avenue shall be renamed to 3rd Court
44. The installation of a new fire hydrant at 2".d Avenue and Hodges Road is required.
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 18
45. "No Parking" signs shall be posted in each cul-de-sac.
AVISTA UTILITIES:
46. A ten (10) foot wide utility easement shall be provided adjacent and adjoining all public
and/or private roads to include all cul-de-sacs.
47. Submit a final plat specifying the following note on the face of the fmal plat: "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, together with the right to prohibit changes in grade that will
reduce the existing coverage over installed underground facilities and the right to trim and/or
remove trees, bushes, landscaping and to prohibit structures that may interfere with the
construction, reconstruction, reliability, maintenance, and safe operation of same."
QWEST:
48. A ten(10) foot wide utility easement shall be provided along all proposed and existing
streets.
C. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
1. 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 shall follow 1998 Spokane County Guidelines for Stormwater
Management. The TESC structures (such as silt ponds, silt traps) shall be installed prior to the
start of site work, and the TESC measures shall be implemented and maintained throughout the
duration of construction and until the site has stabilized.
2. 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 located in the clear zone shall be relocated
outside of the clear zone. The clear zone distances shall follow the 2001 Spokane County Road
& Sewer Standards.
3. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
4. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor, who shall
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 19
furnish the City Engineer with "Record Drawing"plans and a certificate in writing that all
improvements were installed to the lines and grades shown on the approved construction plans
and that all disturbed monuments have been replaced. All work is subject to inspection by the
City Engineer or by his staff.
SPOKANE COUNTY FIRE DISTRICT 1
5. All street signs are required to be installed prior to issuance of building permits.
QWEST:
6. Submit two (2) full size final plat maps with lot addresses noted and the serving power
utility design at least six(6) weeks before the developer's and/or builder's open utility trench date.
SPOKANE COUNTY MR POLLUTION CONTROL AUTHORITY:
7. 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.
8. 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.
9. Debris generated as a result of this project shall be disposed of by means other than burning.
10. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
11. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
12. 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.
13. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 20
DATED this 7th day of March, 2006
CITY HEARING EXAMINER PRO TEM
Mic 'ael C. Dempsey, WSBA#823(7
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 March 7, 2006. THE APPEAL CLOSING DATE IS MARCH 21,2006.
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.
I.
HE Findings, Conclusions and Decision REZ-17-05/SUB-11-05 Page 21