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REZ-15-04 SUB-10-04 7-1 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Application for a Zone Reclassification ) from the UR-3.5 Zone to the UR-7 ) FINDINGS OF FACT, Zone, and Application for the Preliminary ) CONCLUSIONS OF LAW, Plat of Watkins Addition; ) AND DECISION Applicant: Myrl Watkins, et. al ) File No. REZ-15-04/SUB-10-04 ) I. SUMMARY OF DECISION Hearing Matter: Applications for a rezone and preliminary plat. Summary of Decision: Approve applications, subject to conditions of approval. The preliminary plat will expire on June 16, 2010. An application to request an extension of time for the preliminary plat must be submitted at least 30 days prior to the expiration date. II. FINDINGS OF FACT 1. The applications seek approval of a zone reclassification from the Urban Residential-3.5 (UR-3.5) zone to the Urban Residential-7 (UR-7) zone, on 6.95 acres of land; and a preliminary plat to subdivide such acreage into thirty-one(31) lots for single-family dwellings. 2. The site is located along the east side of Bowdish Road, immediately southeast of the intersection of Bowdish Road and 40th Avenue, in the SE 1/4 of Section 33, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. 3. The site is currently referenced as County Assessor's tax parcel nos. 45334.9056, 45334.9094, and 45334.9090. The subject property is legally described on the preliminary plat map of record submitted on March 16, 2005. 4. The applicant for the proposal and the site owners are Myrl Watkins, 4005 S. Bowdish, Spokane Valley, WA 99206; Neil Johnson, 6519 North Maple Street, Spokane, WA 99208; and Tony Higley, 12215 East Trent Avenue, Spokane Valley, WA 99206. 5. On November 24, 2004, the applicant submitted a complete application for a preliminary plat to divide the 6.95-acre site into 31 lots for single-family dwellings, and for a rezone of the site to the UR-7 zone. This replaced an earlier version of the proposal submitted on September 13, 2004 that would have divided 4.7 acre of the site into 19 lots for single-family dwelling, under the proposed UR-7 zone. 6. On March 16, 2005, the applicant submitted a revised preliminary plat map to divide the site into 31 lots for single-family dwellings, which map is considered the preliminary plat map of record. The revised map changed the means of internal access from private roads to primarily HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 1 public roads, and deleted general vehicular access to Wilbur Road. The revised map also illustrated the extension of a 12-foot wide easement to Wilbur Road; for emergency access, drainage and water through a common open space tract in the extreme southeast corner of the site. Such easement would be improved with an all-weather surface and be gated at one end. 7. On April 15, 2005, the Department of Community Development issued a Mitigated Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed. 8. The Hearing Examiner conducted a site visit on May 10, 2005 and May 12, 2005, and conducted a public hearing on the proposal on May 12, 2005. The requirements for notice of public hearing were met. 9. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-057, as amended by City Ordinance Nos. 03-081 and 04-012, and the City Hearing Examiner Rules of Procedure. 10. The following persons testified at the public hearing held on May 12, 2005: Karen Kendall, Assistant Planner Sandra Raskell Spokane Valley Community Development Assistant Development Engineer Department, Planning Division City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 11707 E Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Spokane Valley, WA 99206-6124 Chris Berg, Code Enforcement Andrew Worlock City of Spokane Valley CLC Associates 11707 E Sprague Ave Suite 106 12730 E. Mirabeau Parkway Ste 100 Spokane Valley, WA 99206-6124 Spokane Valley, WA 99216-1455 Neil Johnson Judy Raykovich 6519 North Maple Street PO Box 141872 Spokane, WA 99208 Spokane Valley, WA 99214 Leonard A. Malloy 11214 E. 27th Avenue Spokane Valley, WA 99206 11. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code, City Subdivision Ordinance, 2001 City Standards for Road and Sewer Construction("City Road Standards"), City Guidelines for Stormwater Management, City Code, City Critical Areas Ordinance, other applicable development regulations, City zoning maps and prior land use decisions in the vicinity HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 2 12. The record includes the documents in File No. REZ-15-04/SUB-10-04 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. 13. On May 16, 2005, the Examiner received a letter regarding the proposal from Sister Samantha Leeson of the Carmel of the Holy Trinity monastery, which facility is located directly east of the site. The letter offered the Examiner the opportunity to visit the monastery and discuss life at the monastery. Because the letter was submitted after the record was closed, the Examiner must exclude the letter from the record, and regrettably could not take up the offer of a visit and discussion by Sister Leeson. 14. The site is approximately 6.95 acres in size, irregular in shape and relatively flat in topography. Two mobile homes and a detached accessory structure are located in the northeast portion of the property. The mobile home located in the extreme northeast corner of the site accesses Bowdish Road through an unpaved driveway located in the northerly 20-foot wide extension of the site, and accesses Wilbur Road through an unpaved driveway located along the east boundary of the site. The property is vegetated with evergreen trees, shrubs and grasses. 15. On May 12, 2005, the City of Spokane Valley issued a warning notice to the site owners, advising that a notice of violation would be issued and civil penalties assessed if the site owners did not agree to remove various items of illegal storage on the site. Such storage included furniture, several junk vehicles,machinery and equipment, garbage, and a truck camper being occupied as a residence for more than 30 days. 16. The preliminary plat map of record illustrates 30 lots ranging in size from 6,025 square feet to 10,044 square feet; and one(1) lot of 26,572 square feet for the existing mobile home located. in the extreme northeast corner of the property. The other mobile home and detached storage building on the site would be removed. The average lot size in the preliminary plat is approximately 7,800 square feet. 17. The density(net) of the preliminary plat of record is approximately 5.48 dwelling units per acre, based on dividing the number of proposed lots (31)by the difference between the gross acreage of the site (6.95 acres) and the combined area of the private road and public roads in the preliminary plat(1.29 acres). 18. Effective January 1, 1991, Spokane County reclassified the zoning of the site, the land located north of Dishman-Mica Road and east of Bowdish Road in the area, the three (3) lots located along the north side of 40th Avenue immediately west of Bowdish Road, and the land lying further to the north and northwest, from the zoning of such land under the expired County Zoning Ordinance to the UR-3.5 zone; pursuant to the Program to Implement the Spokane County Zoning Code. See County Resolution No. 85-0900. 19. In the same 1991 zoning action, the County reclassified the zoning of the land located west of the site and Bowdish Avenue,between Dishman-Mica Road and 40th Avenue, to the Regional HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 3 Business (B-3) zone; and reclassified the zoning of the land located further to the west along the north side of 40th Avenue to the UR-7 zone. 20. In the same 1991 zoning action, Regional Business (B-3), Community Business (B-2) and Neighborhood Business (B-1)zoning was established along the south side of Dishman-Mica Road, in proximity to Bowdish Avenue; and UR-7 zoning was established east of such commercial zoning along the south side of Dishman-Mica Road, east of Bowdish Road. 21. Effective January 15, 2002, Spokane County implemented a new comprehensive plan, Urban Growth Area(UGA)boundaries and Phase I Development Regulations,pursuant to the GMA. See County Resolution Nos. 2-0037 and 2-0470. The County Phase I Development Regulations designated the site and neighboring land in the UGA. 22. The County Comprehensive Plan designated the site and the land in the area in the Low Density Residential category; except for the commercially zoned land located to the west, south and the southwest, which was designated in the Community Commercial category; and except for the land zoned UR-7 to the northwest and the south, and the three lots located along the north side of 40th Avenue immediately west of Bowdish Road,which land was designated in the Medium Density Residential category. 23. The County Phase I Development Regulations retained the existing zoning of the site and neighboring land, except for the zoning of the three lots located along the north side of 40th Avenue immediately west of Bowdish Road,which lots were reclassified to the UR-7 zone. 24. On March 31, 2003, the site and area were incorporated into the City of Spokane Valley. Upon incorporation, the City adopted the County Comprehensive Plan, County Zoning Code, County official zoning maps, County Phase I Development Regulations and other County development regulations by reference, with certain revisions. 25. The City Comprehensive Plan and City Phase I Development Regulations, respectively, retained the comprehensive plan designations and zone classifications imposed by the County Comprehensive Plan and Phase I Development Regulations. The site and area are located inside the Aquifer Sensitive Area(ASA) Overlay zone designated by the City Zoning Code. 26. The land lying northerly of the site is improved with single-family residences on urban sized lots in various subdivisions; except for several duplexes located northwest of the site, along the north side of 40th Avenue and also along the west side of Bowdish Avenue. 27. A monastery/convent that houses cloistered nuns and conducts church services is located directly east of the site, on a 20-acre parcel of land. A single-family home on a large lot is located directly southeast of the site, along with a few other large vacant lots. A golf course is located east and southeast of such lots, and south and southeast of the monastery, along the north side of Dishman-Mica Road. A church is located at the northeast corner of the intersection of Dishman-Mica Road and Wilbur Road. HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 4 28. The land located between the site and Bowdish Road consists of 1-acre and half-acre lots, most of which are improved with residences. The land located between the site and Dishman- Mica Road consists of a vacant 1-acre parcel and an acreage parcel improved with a single- family residence. 29. A church is located west of the site, at the southwest corner of the intersection of Bowdish Road and 40th Avenue. A grocery store is located west of the church. A variety of commercial uses are found along the west side of Bowdish Road,between the church and Dishman-Mica Road, and along the south side of Dishman-Mica Road in the vicinity. A small mobile home park on land zoned UR-7 is located along the south side of Dishman-Mica Road, east of the commercial uses lying south of Dishman-Mica Road east of Bowdish Road. The land located along the south side of Dishman-Mica Road in the area also contains open space. 30. The City Arterial Road Plan designates Dishman-Mica Road as an Urban Principal Arterial, and Bowdish Road as an Urban Minor Arterial. The other roads in the vicinity are Urban Local Access roads. The roads in the vicinity are paved. Wilbur Road terminates at the southeast corner of the site, and is paved between such point and Dishman-Mica Road to the south. 31. A large number of neighboring property owners submitted written comments in opposition to the proposal. Nearly all such comments were submitted before the revised preliminary plat map was submitted on March 16, 2005, which eliminated general vehicular access to Wilbur Road. The opposition to the proposal expressed at the public hearing was confined to representatives and parishioners of the Carmel of the Holy Trinity property that abuts the site on the east; and a letter from a neighborhood group expressing concern regarding emergency access, and other concerns. 32. The City 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. 33. 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 certain 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 dwelling in the UR-3.5 zone is 80 feet, and the minimum lot size is 10,000 square feet. 34. 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-15-04/SUB-10-04 Page 5 35. The Phase I Development Regulations limit new residential development on land rezoned to the UR-7* zone to a maximum density of six (6) dwelling units per acre. The UR-7 zone otherwise permits a density of seven(7) dwelling units per acre. The minimum lot area and minimum frontage for a single-family dwelling in the UR-7 zone are respectively 6,000 square feet and 65 feet. 36. 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 of the Comprehensive Plan 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 proposal implements such policies. 37. 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. 38. 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, bus or car. The Plan recognizes that cul-de-sacs or other closed street systems may be appropriate under certain circumstances, including,but not limited to, topography and other physical limitations which make connecting systems impractical. See Policy UL.2.20. 39. Policy T.4a.4 of the Comprehensive Plan recommends that private roads be allowed within developments as a principal means of circulation; provided adequate measures are in place to assure safe travel, emergency access and permanent private maintenance. 40. 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. 41. 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. 42. 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. HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 6 43. 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. The standards require separated sidewalk,unless City Engineering authorizes a deviation based on local conditions and other factors. 44. County Utilities certified the availability of public sewer to the site, through developer extension. The proposal accordingly complies with the public sewer concurrency provisions of the City Phase I Development Regulations. 45. Spokane County Water District No. 3 certified the availability of public water to the proposal. This will require the extension of 300 feet of water main to reach the site, looped from Bowdish Road to Wilbur Road on the south; and looped back to Bowdish Road within a 20-foot easement to be located between Lots 11 and 12,Block 2 of the preliminary plat on the north. The proposal complies with the public water concurrency requirements of the City Phase I Development Regulations. 46. County Fire District 1, in its final comments submitted on March 22,2005, stated that Uniform Fire Code standards require separate access roads to be provided for residential developments with more than 30 dwelling units. The district indicated that because the existing mobile home on Lot 10, Block 2 of the development has direct access to Bowdish Road via a driveway located in the northerly 20-foot wide extension of the site to Bowdish Road, in addition to accessing the public road system in the preliminary plat, only one access was needed for the remaining 30 lots in the preliminary plat. 47. County Fire District 1 commented that a secondary access road would be required if any additional lots were added to the preliminary plat; and that the 12-foot wide easement shown on the preliminary plat map connecting to Wilbur Road does not meet the separate fire access requirements of the Uniform Fire Code and cannot be designated as a fire lane. County Fire District 1 condition#36 on page 15 of the Staff Report requires removal of the 12-foot wide easement on the final plat map. 48. A negative private easement and covenant, recorded for the benefit of the property located north of the site,prohibits use of the 20-foot extension of the site to Bowdish Road for a road, but allows its use as a driveway to access to Bowdish Road or Wilbur Road. See letter dated 10- 19-04 from Gary Lake to Karen Kendall, and attachment. City Planning Division conditions of approval limit access to Bowdish Road via the 20-foot wide extension of the site exclusively to Lot 10, Block 2 of the preliminary plat. 49. The applicant disputed the contention by County Fire District 1 that the 12-foot wide easement shown connecting to Wilbur Road on the preliminary plat map did not meet Uniform Fire Code requirements, and expressed concern that the prohibition on fire access via such easement might limit development of the project if Fire District 1 decides that the proposed access to Bowdish Road for Lot 10,Block 2 is not sufficient, and that a secondary access for fire and emergencies is required for the preliminary plat. HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 7 50. County Fire District 1 did not appear at the hearing, and the applicant did not supply a copy of the Uniform Fire Code standards that would allow the Examiner to determine whether the proposed 12-foot wide fire/emergency access road meets such standards. The Examiner's understanding, which is not completely clear, is that the fire apparatus access road standards in the Uniform Fire Code adopted by the City require new fire access roads to meet the requirements for private roads under the City Road Standards. 51. The requirements for private roads in the City Road Standards require a road width ranging from 20-28 feet, depending on the number of lots served by the access, which standard is not met by the proposed 12-foot wide access. The applicant may be confusing the 12-foot width required for private driveway approaches with the width requirements for private roads and fire apparatus access roads. Considering the circumstances, the Examiner has revised County Fire District 1 condition#36 on page 15 of the Staff Report to require removal of the 12-foot wide easement on the final plat map, unless Fire District 1 determines prior to final plat approval that such access meets Uniform Fire Code requirements and is needed for fire access. It is possible that the applicant could widen the easement for the fire/emergency access in Tract A of the preliminary plat to meet fire apparatus access standards. 52. The representative for a neighborhood group expressed concern regarding emergency and fire access for Lots 16-19,Block 2 of the preliminary plat,based on the 28-foot width of the private road serving such lots and the lack of a turnaround. See letter dated 5-10-05 from the Citizens for the Protection of the Rights of Spokane Valley Citizens. However, the proposed private road is eight (8) feet wider than the 20-foot width required for a private road serving 3-6 lots under the City Road Standards; and the length of the private road (130) feet is below the 150-foot threshold length where a cul-de-sac or hammerhead turnaround is required. County Fire District 1 did not express a concern regarding the private road, and competent evidence was not submitted to justify a wider road, cul-de-sac or turnaround. 53. City Engineering conditions require the applicant to improve Bowdish Road along the frontage of the site by adding additional asphalt, curb, sidewalk, gutter and planting strip. Such conditions also require the applicant to improve the public roads in the preliminary plat to City Standards, including the installation of asphalt, curb, sidewalk, gutter and planting strip. A condition of approval should be added requiring the private road in the preliminary plat to be improved to the standards for private road adopted by the City. 54. The applicant submitted a traffic threshold study for the project prepared by a qualified traffic engineering consultant,which was accepted by City Engineering. The study indicated that the intersection of the southerly proposed public road in the preliminary plat with Bowdish Avenue would be stop controlled,have a shared through-right turn lane for the northbound approach, have a shared left-through lane for the southbound approach, and have a shared left- right turn lane for the westbound approach. 55. The traffic threshold study found that that the level of service(LOS) during the critical PM peak hour at the signalized intersection of Bowdish Road and Dishman-Mica Road, and at the HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 8 un-signalized intersection of Bowdish Road with the southerly proposed public road in the preliminary plat, at the time of project build-out, would be well above the acceptable LOS at such intersections, respectively; and that the project would have little impact on the LOS at such intersections. The traffic threshold study also found no intersection spacing, and no likely sight distance problems for the intersection of Bowdish Road with the southerly proposed public road. 56. City Engineering certified transportation concurrency for the project. The proposal complies with the transportation concurrency requirements of the City Phase I Development Regulations, and will not have a significant adverse impact on the road system supporting the project. The proposal provides for adequate traffic circulation within and outside the preliminary plat. 57. Neighboring property owners expressed concern that the land located directly east of the site is located within a 100-year floodplain. The environmental checklist and application indicate the site is not located in a 100-year floodplain,which fact is confirmed in the environmental checklist review document prepared by City Planning on April 15, 2005. Since the site is located outside the floodplain, a floodplain development permit will not be needed to develop the property. 58. Carmel of the Holy Trinity expressed concern regarding potential noise impacts from the homes developed on the site; in the form of traffic noise, lawn mowers,weed eaters, chainsaws, dogs, etc. This included disturbance to the solitude required for the cloistered nuns on the property, and worship services in a chapel located on the site. The representatives for such use requested that a minimum 9-foot tall solid masonry or block wall be constructed along 655 feet of the east boundary of the site; and expressed a willingness to absorb the additional cost involved to make such wall nine(9) feet tall instead of six (6) feet. 59. The UR-7 zone requires new development in the UR-7 zone to install a 6-foot high, sight- obscuring fence, solid landscaping or concrete, masonry or decorative block wall along the border of the property with any UR-3.5 zoned property. Such requirement is imposed by City Planning condition#1, stated on page 12 of the Staff Report. The above screening requirement would technically apply to the north, south and east property line of the site; along the south boundary of the 20-foot wide extension of the property to Bowdish Road, and along the west boundary of the east portion of the site. 60. The south boundary of the property located north of the site is already fenced with a 6-foot high sight-obscuring fence. The applicant saw no need for double fencing along the north boundary of the site, and no need to fence the south side of the 20-foot wide extension of the site because such strip of land is only 20 feet wide and will only be used to provide access for the existing mobile home on the site. The Examiner generally agrees with such analysis, and has recommended that the City Planning Division waive the fencing requirement along these boundaries pursuant to Section 14.810.200 of the Zoning Code. 61. A 6-foot high sight-obscuring wood fence has been installed by the Carmel of the Holy Trinity along the north half of the west boundary of such property, adjacent to the site, and wire HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 9 fencing has been installed by such entity along much of the remainder of such westerly boundary that abuts the site. Carmel of the Holy Trinity has indicated that third persons have broken out boards in the fence, trespassed onto its property, dumped garbage over the existing fence, and committed acts of vandalism on its property. 62. The Examiner takes notice from his site visit that the portion of the Carmel of the Holy Trinity property lying between the current site and the monastery/convent/chapel buildings appears to be approximately 150 feet wide and accommodates a graveled parking area and circular driveway. Wood fencing appearing to be at least 12 feet high surrounds a courtyard area around the buildings; with an additional area surrounded by wood fencing, appearing to be at least eight(8) feet high, extending further to the north to perhaps 150 feet from the 6-foot high wood fence located along the south border of the subdivisions lying to the north. See aerial photo. 63. The City Zoning Code restricts residential fencing to a maximum building height of six (6) feet,unless a variance application is submitted and approved by the Hearing Examiner after a public hearing. The UR-3.5 zone does not require the installation of perimeter screening adjacent to land zoned UR-3.5 or other zones; so if the site was platted under the existing UR-3.5 zoning of the site, the subdivider would not be required to install perimeter screening. 64. A rezone to the UR-7 zone would allow more homes to be built on the site than development of the site under the UR-3.5 zone,but potentially only two (2)more lots along the east boundary of the site,based on the difference in frontage requirements under the UR-3.5 and UR-7 zones. Considering this, the cost of a masonry or block wall compared to a wood or vinyl fence, and that a single-family residence is a permitted use in both the UR-3.5 and UR-7 zone, a court would likely find it to be arbitrary and capricious for the Examiner to require the applicant to install a solid masonry or block wall along the east boundary of the site, and to obtain a variance for a 9-foot tall wall. 65. Carmel of the Holy Trinity has the right to construct its own masonry or block wall adjacent to the east boundary of the site, and could apply for a variance to the 6-foot high limitation on such wall in the UR-7 zone. The applicant at the public hearing expressed a willingness to discuss the type of screening installed along the east boundary of the site with Carmel of the Holy Trinity. The Hearing Examiner has recommended that the applicant do so, in the conditions of approval adopted below. 66. The applicant has already designed the project so that a road or driveway access will not be extended along the east boundary of the site, and there will be no general vehicular access to Wilbur Road at the southeast corner of the site. The applicant expressed a willingness at the public hearing to bring the site into compliance with City Code regarding the illegal storage of items on the site. Such measures will lessen the potential impact of the project on Carmel of the Holy Trinity. 67. In its September 28, 2004 letter, Carmel of the Holy Trinity expressed concern regarding the potential pollution impacts of the project on the public water supply, and sewage backflow. HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 10 Since the project will be connected to public sewer and water, and the applicant will provide for stormwater management in accordance with the"208"treatment provisions of the City's drainage regulations, such concerns have no basis. 68. City Engineering conditions require the applicant to submit final drainage and road plans in compliance with City Road Standards and the City Guidelines for Stormwater Management. The common open space tract in the preliminary plat will be used to help manage stormwater drainage. 69. The City Phase I Development Regulations do not require direct concurrency for schools, parks, police or fire protection. Central Valley School District was contacted regarding the project but did not express any concerns. 70. There is no competent evidence in the record that the proposal will have any significant, probable adverse impact on priority wildlife habitat, or a threatened or endangered species. 71. The site is located along an Urban Minor Arterial; and near an Urban Principal Arterial, other UR-7 zoning, duplex housing, a variety of commercial uses, and several churches. The site will be served with public sewer and water, and other urban services. The UR-7 zone is appropriate for the site. 72. The Examiner concurs with the analysis in the Staff Report finding the preliminary plat and rezone to be consistent with the Comprehensive Plan and applicable development regulations. 73. 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. Block dimensions 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. 74. 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. There is no competent evidence in the record that the preliminary plat will result in aquifer degradation. 75. As conditioned, the project will be reasonably compatible with neighboring land uses, and will not adversely impact the public health, safety and general welfare. 76. 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. HE Findings,Conclusions and Decision REZ-15-04/SUB-10-04 Page 11 77. Significant changes 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, and adoption of the Comprehensive Plan and the Phase I Development Regulations, and inclusion of the site in the UGA and City of Spokane Valley. 78. The Examiner has modified or added certain minor conditions to the approval, to ensure that the final plat is consistent with applicable development regulations. 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 change in economic, technological, or land use conditions has occurred to warrant the proposed rezone, and 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. HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 12 9. Approval of the zone reclassification is appropriate under Section 14.402.020 of the City Zoning Code, and under City Ordinance No. 03-57, as modified by Ordinance Nos. 03-081 and 04-012. 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. 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 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 Nos. 45334.9056, 45334.9094, and 45334.9090. 2. The maximum residential (net) density in the final plat under the UR-7* zone shall not exceed six (6) dwelling units per acre. 3. The final plat shall have a maximum of thirty-one(31) single-family residential lots and shall not be substantially modified from the preliminary plat map of record submitted on March 16, 2005,unless a preliminary plat modification is approved pursuant to Section 12.100.120 (Modifications) of the Spokane Valley Interim Subdivision Ordinance("Subdivision Ordinance"). 4. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance,the preliminary plat approval in File No. SUB-10-04 shall automatically expire five (5)years after preliminary approval is granted, unless a time extension is approved for the project. 5. 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 approval. If a request for an extension of time is not timely submitted and approved, the preliminary plat will expire on June 16, 2010 and become null and void. HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 13 6. 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 Interim 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. 7. Pursuant to Section 12.400.132 (Utilities) ) of the Subdivision Ordinance, when the density of a proposed subdivision meets or exceeds three lots per gross acre within the exterior boundaries, the subdivision shall provide underground utilities within public rights-of-way, alleys or utility easements including, but not limited to, those for electricity, communications, and street lighting. The subject plat's gross density is 5.17 dwelling units per acre; therefore the proposal shall comply with Section 12.400.132. If the applicant or successors in interest wish the Director to waive the under-grounding requirement, a written request shall be submitted to the Community Development Director requesting a waiver of the underground requirement and • providing a detailed explanation of the conditions,physical or otherwise, that make underground installation impractical. 8. Except where noted in the 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"), and other applicable requirements of the City Interim Zoning Code and City Interim Subdivision Ordinance. Lot 10, Block 2 of the preliminary plat is the only lot that is allowed to access the north twenty(20)-foot wide access point onto Bowdish Road. 9. 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 high as the highest portion of the equipment and shall be permanently maintained. B. Prior to final 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 all perimeter 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 six (6) foot high concrete,masonry, or decorative block wall, solid landscaping or site-obscuring fence. 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) HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 14 foot high concrete, masonry, or decorative block wall, solid landscaping or site-obscuring fence along the portion of the property under their direct control. 1A. The Hearing Examiner recommends that the City Planning Division waive the screening requirement along the north boundary of the site adjacent to existing subdivision fencing, and along the south boundary of the 20 foot wide extension of the site to Bowdish Road. The Hearing Examiner also recommends that the applicant discuss the type of screening to be installed along the east boundary of the site with Carmel of the Holy Trinity to see if some mutual arrangement can be worked out. 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-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 this Section, the applicant shall submit prior to recording 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: "Lots 1 through 31 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." 6. Demolition permits for all detached structures and one(1) manufactured home located on proposed Lot 9, Block 2 of the preliminary plat shall be permitted and final inspected by the City of Spokane Valley Building Division prior to final plat approval. 7. A note shall be placed on the final plat map prohibiting Lots 11 and 12, Block 2 of the preliminary plat from using the north twenty(20) foot of the site to access Bowdish Road,which access is reserved exclusively for Lot 10, Block 2. SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING DIVISION: 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 HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 15 the Spokane County Standards for Road and Sewer Construction(as adopted by the City), the 1998 Spokane County Guidelines for Stormwater Management(as adopted by the City), and all other applicable standards. 9. Frontage improvements are required for Bowdish Road. 10. Bowdish Road is designated as an Urban Minor Arterial. Existing right-of-way consists of thirty(30) feet from centerline to property frontage. Improvements required include twenty-two and one half(22.5) feet of asphalt from centerline to property frontage, a two (2) foot Type B curb and gutter,a ten(10) foot planter strip, and a five(5) foot sidewalk. This requires a nine and one-half(9.5) foot border easement designation. 11. All internal streets shall be public streets, except for the private road illustrated on the preliminary plat, which shall meet the private roads standards of the 2001 County Road and Sewer Standards (as adopted by the City). Internal public streets shall follow the 2001 County Road and Sewer Standards for design (as adopted by the City). This includes thirty(30) feet of asphalt, Type B curb and gutter, ten(10) foot planter strip, and a five(5) foot concrete sidewalk. A right-of-way dedication of thirty-eight(38) feet is required, as well as border easements of three (3) feet. Adjacent sidewalk is acceptable for this project. Stormwater treatment options shall follow the Spokane Valley Stormwater Ordinance. 12. Plat language will be determined at the time of final plat submittal. Please contact the City of Spokane Valley Public Works Department for appropriate language. SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING DIVISION: 13. If any grading is conducted on the site, engineered grading permits shall be required per Grading Ordinance 04-016. SPOKANE COUNTY DIVISION OF UTILITIES: 14. Pursuant to the City Phase I Development Regulations, the dedication shall state: "Public sewers shall be constructed to provide for the connection of each parcel to the County's system of sewerage. Uses on 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." 15. A Public Sanitary Sewer easement shall be shown on the face of the plat, and the plat dedication shall state: "The perpetual easement granted to Spokane County, its successors and assigns is for the sole purpose of constructing, installing, operating, maintaining, repairing, altering, replacing, removing, and all other uses or purposes which are or may be related to a sewer system. Spokane County, it's successors and assigns at all times hereinafter, at their own cost and expense,may remove all crops,brush, grass or trees that may interfere with the constructing, installing, operating, maintaining, repairing, altering,replacing, removing and all HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 16 other uses or purposes which are may be related to a sewer system. The grantor(s) reserves the right to use and enjoy that property which is the subject of this easement for purposes which will not interfere with the County's full enjoyment of the rights hereby granted;provided,the Grantor(s) shall not erect or construct any building or other structure or drill on the easement, or diminish or substantially add to the ground cover over the easement. The easement described hereinabove is to and shall run with the land." 16. 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. 17. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the project. SPOKANE COUNTY WATER DISTRICT NO. 3: 18. A water plan is required to be submitted showing water mains, connection to existing water lines, water services, fire hydrant locations, and construction details. 19. A twenty(20) foot wide water line easement will be required between Lots 11 and 12 of Block 2 to facilitate the water main being extended back to Bowdish Road along the north property line. The easement can be split ten(10) feet on each lot, if desired. SPOKANE REGIONAL HEALTH DISTRICT: 20. The final plat shall be substantially designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 21. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the City Planning Division to the utility companies, the City of Spokane Valley Public Works Department, the County Division of Utilities 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. 22. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 23. Water service shall be coordinated through the Director of Utilities, Spokane County. 24. Water service shall be by an existing public water supply when approved by the Regional Engineer(Spokane), State,Department of Health. 25. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 17 26. 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. 27. 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. 28. 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. 29. 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." 30. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." 31. 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, City of Spokane Valley Building 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: 32. The east/west road between Bowdish Road and Wilber Road shall be named 41st Avenue. 33. The north/south road shall be named Bates Road. 34. At the time there is more than thirty(30)homes accessing 41st Avenue and Bates Road, another access road shall be required. HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 18 35. Flexibility is granted in naming the east/west private road, as long as the proposed name does not duplicate an existing street name in the region. A possible name may be Cimmaron. 36. The proposed twelve (12) foot easement onto Wilber Road does not appear to meet fire access requirements, and shall be removed unless the Fire District determines prior to final plat approval that such access does meet fire access requirements. 37. Prior to final platting two (2) fire hydrants shall be installed in the following locations: a On the east side of Bowdish at the intersection of 41St Avenue. b. At the intersection of 41St Avenue and Bates Road. 38. The existing residence at the northeast corner of Bates Road cul-de-sac (proposed Lot 10, Block 2) shall change the address from south Bowdish Road to south Bates Road. AVISTAUTILITTES: 39. A ten(10) foot easement strip for utilities is required behind any sidewalk facilities. Absent a sidewalk,then adjacent and adjoining the boundaries of all public and private roads, to include Tract A and portions of Lot 17 and 18 of Block 2. 40. Submit a final plat specifying the following note on the face of the final plat: "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 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." 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 is to follow 1998 Spokane County Guidelines for Stormwater Management, as adopted by the City. The TESC structures (such as silt ponds, silt traps) are to 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. 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 HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 19 outside of the clear zone. The clear zone distances shall follow the 2001 Spokane County Road and Sewer Standards,as adopted by the City. 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 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. ()WEST: 5. 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. DATED this 16th day of June, 2005 CITY HEARING EXAMINER PRO TEM V -27/ • ,i(6,,,- Micha C. Dempsey, WSBA#8 c J HE Findings, Conclusions and Decision REZ-15-04/SUB-10-04 Page 20 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to City of Spokane Valley Ordinance No. 57, as modified by Ordinance Nos. 03- 081 and 04-012, 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. This decision was mailed by certified mail to the Applicant, and by first class mail to other parties of record, on June 16, 2005. THE APPEAL CLOSING DATE IS JUNE 30, 2005. 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, Washington. 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-15-04/SUB-10-04 Page 21