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REZ-25-04_SUB-16-04_PUD-06-04 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Application for Zone Reclassification from the ) UR-3.5 Zone to the UR-7* Zone, Preliminary ) Plat of Belleville Estates, and Planned Unit ) FINDINGS OF FACT, Development (PUD) Overlay Zone; ) CONCLUSIONS OF LAW, Applicant: Whipple Consulting Engineers, Inc. ) AND DECISION File No. REZ-25-04/SUB-16-04/PUD-06-04 ) I. SUMMARY OF DECISION Hearing Matter: Applications for a rezone,preliminary plat and PUD Overlay zone. Summary of Decision: (1) Deny preliminary plat and PUD Overlay zone applications, because the PUD does not have direct access onto a designated Urban Principal, Minor or Collector Arterial as required by the PUD Overlay zone. (2)Approve application for a rezone to the UR- 7* zone, subject to conditions of approval. II. FINDINGS OF FACT 1. The above-referenced applications request approval of a zone reclassification of 4.6 acres of land from the Urban Residential-3.5 (UR-3.5) zone to the Urban Residential-7* (UR-7*) zone; the preliminary plat of Belleville Estates, to divide such acreage into twenty-one (21) lots for single-family dwellings and two (2) common open space tracts; and a Planned Unit Development (PUD) Overlay zone for such acreage. 2. The site is located along the south side of Fourth Avenue, approximately 320 feet west of the intersection of Fourth Avenue and Barker Road; in the NE 1/4 of Section 19, Township 25 North, Range 45 EWM, Spokane County, Washington. 3. The site is currently referenced as County Assessor's tax parcel no. 55191.0602, and is addressed at 18506 E. Fourth Avenue, Spokane Valley, WA. The site is legally described on the preliminary plat map of record. 4. The applicant for the proposal is Whipple Consulting Engineers, Inc., d o Todd Whipple, 13218 E. Sprague Avenue, Spokane Valley, WA 99216. The site owner is Dennis Crapo, 15321 E. Mission Avenue; Spokane Valley, WA 99037. 5. On November 24, 2004, the applicant submitted complete applications for a preliminary plat, zone reclassification and PUD Overlay zone in the above-referenced file. On January 11, 2005, the applicant submitted a revised preliminary plat map/PUD site development plan, which is considered the preliminary plat map/PUD site development plan of record. HE Findings, Conclusions and Decision REZ-25-04/SUB-16-041PUD-06-04 Page 1 6. On February 18, 2005, the Department of Community Development issued a Mitigated Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed. 7. The Hearing Examiner held a public hearing on the proposal on March 17, 2005. The notice requirements for the public hearing were met. The Examiner conducted a site visit on March 14, 2005. 8. The 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. 9. The following persons testified at the public hearing: Micki Harnois Sandra Raskell Associate Planner Assistant Development Engineer City of Spokane Valley City of Spokane Valley 11707 E Sprague Avenue Suite 106 11707 E Sprague Ave Suite 106 Spokane Valley, WA 99206-6110 Spokane Valley, WA 99206-6124 Todd Whipple Dennis Crapo Whipple Consulting Engineers Diamond Rock Construction 13218 E. Sprague Avenue 15321 E Mission Ave Spokane Valley, WA 99216 Spokane Valley, WA 99037-9552 Tom Tabbert Kathy Tabbert 18505 E. 4th Avenue 18505 E. 4th Avenue Spokane Valley, WA 99016 Spokane Valley, WA 99016 David Hohn Paul Schultz 305 S. Greenacres Road 182211 E. 4th Avenue Spokane Valley, WA 99016 Spokane Valley, WA 99016 Pat Maher Deanna Bolick 508 S. Barker Road PO Box 455 Spokane Valley, WA 99016 Spokane Valley, WA 99016 Stephen R. Hormel Jim Red 516 S. Barker Road Spokane County Utilities Spokane Valley, WA 99016 1026 W. Broadway Avenue Spokane, WA 99260 10. The Hearing Examiner takes notice of the City Comprehensive Plan, Capital Facilities Plan, Zoning Code, Subdivision Ordinance, 2001 Standards for Road and Sewer Construction ("City Road Standards") and Guidelines for Stonnwater Management; other applicable development regulations; and prior land use decisions in the area. HE Findings, Conclusions and Decision REZ-25-041SUB-16-04/PUD-06-04 Page 2 11. The record includes the documents in the project file at the time of the public hearing, the documents and testimony submitted at the public hearing, and the items taken notice of by the Hearing Examiner. 12. The site is 4.6 acres in size and is relatively flat in topography, with a gentle downward slope from the southeast to the northwest. The property is currently improved with a single- family residence, which fronts along Fourth Avenue, and two associated detached sheds. The remainder of the site is undeveloped and covered with deciduous trees, shrubs and grasses. 13. The preliminary plat map/PUD site development plan of record("plat rnap/PUD site plan") illustrate division of the site into 21 single-family lots, and two (2) common open space tracts. Such lots range from 5,059 square feet to 7,266 square feet in size; except for a 20,618 square foot lot fronting along Fourth Avenue that is improved with a single-family residence. The average lot size in the preliminary plat is 8,181 square feet. 14. The plat map/PUD site plan show common open space Tract A to be .54 acres in size and including a future play area. The play area may consist of a playground, sandbox or half court for basketball. See letter from applicant to City dated 11-24-05. Common open space Tract B is 1,584 square feet in size, abuts Fourth Avenue, includes a drainage swale area, and would be used primarily for drainage. Tracts A and B would be each landscaped with deciduous trees and grass. 15. The plat map/PUD site plan illustrate drainage swales on each single-family lot, located between the street and the front yard setback line. The existing residence on the site would be retained, but the existing sheds would be removed for site development. 16. The plat map/PUD site plan illustrate internal access via a public road system that would connect to Fourth Avenue on the north, and terminate in a cul-de-sac at the south boundary of the site. The plat map/PUD site plan show the facade, front elevation and floor plan for a typical dwelling unit in the proposal; which unit appears to be 1.5 to two (2) stories, and includes a 2-car garage. The maximum building height in the project is stated at 35 feet. 17. Effective January 1, 1991, Spokane County reclassified the zoning of the site and neighboring properties to the Urban Residential-3.5 (UR-3.5) zone; pursuant to the Program to Implement the Spokane County Zoning Code. See County Resolution No. 85-0900. 18. Effective January 15, 2002, Spokane County implemented a new County Comprehensive Plan, Capital Facilities Plan, Urban Growth Area(UGA)boundaries and County Phase I Development Regulations; pursuant to the State Growth Management Act. See County Resolution Nos. 2-0037 and 2-0470. The site and area are designated in the UGA. 19. The County Comprehensive Plan designated the site and the land in the area lying south of Sprague Avenue in the Low Density Residential category; and designated the land lying north of Sprague Avenue in the vicinity, between Barker Road and Moen Street, in the Medium Density HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 3 Residential category. The County Comprehensive Plan designated the land lying further to the north and northwest in the Mixed Use category. 20. The County Phase I Development Regulations retained the UR-3.5 zoning of the site and neighboring land; retained the UR-7 zoning of the duplex lots located to the northwest along Moen Street, between Second and Sprague Avenues; and retained the UR-7 zoning of the single- family homes located one-fourth (1/4) mile north of the site, along the north side of Sprague Avenue between Barker Road and Moen Street. 21. On March 31, 2003, the City adopted by reference the County's comprehensive plan, capital facilities plan, subdivision ordinance, zoning code, official zoning maps and other development regulations, with certain minor variations. Such action retained the zoning and comprehensive plan land use designations for the site and neighboring land established by the County. 22. The land located near the site generally consists of single-family dwellings on lots ranging from 10,000 square feet to five (5) acres in size, and zoned UR-3.5. Some nonconforming animal keeping takes occurs on the acreage lots in the vicinity. Duplex lots are found on land zoned UR-7, located less than one-fourth (1/4) mile northwest of the site, along Moen Street between Second and Sprague Avenues. Greenacres Elementary School is located approximately one-fourth (1/4) mile west of the site, at the northeast corner of the intersection of Long Road and Fourth Avenue. 23. In 2001, the County approved the preliminary plat of Longview Place PUD, to subdivide 3.31 acres of land lying less than one-third (1/3)mile southwest of the site, at the northeast corner of Long Road and Eighth Avenue, in the UR-3.5, into 15 lots for single-family dwellings and common open space; along with a PUD Overlay zone with bonus density. Such project has been finally platted and developed. The average lot size in the final plat/PUD is approximately 7,318 square feet. The density(net) of the final plat/PUD is 5.17 dwelling units per acre. See decision in File No. PE-1888-01/PURE-6-01. 24. In 2003, the City of Spokane Valley approved the preliminary plat of Asher Place, to subdivide 4.85 acres of land located one-fourth (1/4) mile southeast of the site, along the north side of Eighth Avenue and approximately 950 feet east of Barker Road, into 17 lots for single- family dwellings; and a zone reclassification from the UR-3.5 zone to the UR-7* zone. The density(net) of the preliminary plat, which has been finalized and is under development, is 3.9 dwelling units per acre. See decision in File No. PE-1917-03. 25. In 2004, the City of Spokane Valley approved the preliminary plat of Corbin Estates, to divide 6.96 acres of land located over one-fourth(1/4) mile northwest of the site, along the east side of Long Road and between Greenacres Elementary School and Sprague Avenue, into 33 lots for single-family dwellings, two (2) divided duplex lots, and common open space tracts; a rezone of such acreage from the UR-3.5 zone to the UR-7* zone; and a PUD Overlay zone. The average size of the single-family lots in the preliminary plat is approximately 7,178 square feet, and the HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 4 density(net) of the preliminary plat is 5.51 dwelling units per acre. See decision in File No. REZ-04-04/SUB-03-04/PUD-02-04. 26. The City Arterial Road Plan designates Sprague Avenue, west of Barker Road, and Barker Road in the vicinity as Urban Minor Arterials; designates Sprague Avenue, east of Barker Road, as a Urban Collector Arterial; and designates Appleway Avenue to the north as an Urban Principal Arterial. Fourth Avenue and the other roads in the vicinity are considered Urban Local Access roads. 27. Long Road, located over one-third (1/3)mile west of the site, is improved with sidewalk and curb between Fourth Avenue and Second Avenue, has a paved pedestrian pathway on the west side of the road south of Fourth Avenue, and has curb and sidewalk along its east side between Eighth and Sixth Avenue. Fourth Avenue has sidewalk and curb adjacent to Greenacres Elementary School. Barker Road has a paved pedestrian path along the west side of the road in the vicinity. See decisions in File No.REZ-04-04/SUB-03-04/PUD-02-04 and PE-1888-01. 28. Several owners of property located along Fourth Avenue, Barker Road or Greenacres Road, to the east and west, expressed opposition to the proposal; based on concerns such as small lot sizes, excessive housing density, impacts on property values, increased traffic along Fourth Avenue and Barker Road, traffic safety for pedestrians and students along Fourth Avenue, premature extension of public sewer to the area, impacts on large animal keeping and grazing rights, impacts on school capacity, loss of privacy, incompatibility of housing with neighboring acreage properties, insufficient storage and parking in proposal, lack of recreational opportunities for children in the proposal, impacts on fire and police protection, and other concerns. 29. Effective August 25, 2004 and November 24, 2004, the City amended the dimensional standards in the residential zones of the Zoning Code, both inside and outside a PUD Overlay zone. Effective November 24, 2004, the City amended the provisions of the PUD Overlay zone. See City Ordinance Nos. 04-033 and 04-046. 30. The current applications, which were submitted as complete on November 24, 2004, are subject to all revisions to the City Zoning Code that were adopted by City Ordinance Nos. 04-033 and 04-046. See Section 13.300.110 of City"Application Review Procedures for Project Permits", adopted by City pursuant to City Ordinance No. 03-060; and RCW 58.17.033. 31. The City Phase I Development Regulations require all zone reclassifications to be consistent with the implementing zone(s) specified in such regulations for the Comprehensive Plan designation that applies to the particular property. The UR-3.5 and UR-7* zones are the implementing zones for the Low Density Residential category of the Comprehensive Plan that applies to the site. 32. 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. HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 5 33. The UR-3.5 zone permits a maximum residential density of 4.35 dwelling units per acres, with bonus densities being authorized through the approval of a PUD Overlay zone. The minimum frontage and the minimum lot size for a single-family dwelling in the UR-3.5 zone are, respectively, 80 feet and 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. 35. The City Phase I Development Regulations limit new residential development on land designated in the Low Density Residential category, and rezoned to the UR-7, to a maximum density of six (6) dwelling units per acre. The designation"UR-7*" is given to such zoning by the City. The UR-7 zone otherwise permits a density of seven(7) dwelling units per acre. The minimum frontage and the minimum lot area for a single-family dwelling in the UR-7 zone are, respectively, 65 feet and 6,000 square feet. 36. Within a PUD Overlay zone, the minimum frontage for residential dwelling units may be reduced to 30 feet, and the minimum lot size may be reduced to 1,600 square feet, in both the UR-3.5 zone and the UR-7 zone. Within a PUD Overlay zone, the maximum building coverage in the UR-3.5 zone is increased from 50%to 55%; and the maximum building coverage in the UR-7 zone is increased from 55%to 60%. 37. The minimum front yard setback, garage setback, rear yard setback, side yard setback and flanking street yard setback for a single-family dwelling in both the UR-3.5 zone and UR-7 zone are, respectively, 15 feet, 20 feet, 20 feet, five (5) feet and 15 feet; with certain exceptions. Such setbacks are the same in a PUD Overlay zone, except that the minimum rear yard setback is reduced to 15 feet, and the minimum flanking street yard setback is reduced to 10 feet. 38. The maximum building height in the UR-3.5 zone and UR-7 zone is, respectively, 35 feet and 2.5 stories, both within and outside of a PUD Overlay zone. 39. The purpose of a PUD Overlay zone is to establish a process to foster creative, efficient and comprehensive design of site development. The PUD Overlay zone provides regulations intended to provide flexibility in site design and offer incentives, in order to encourage innovative design and creation of permanent open space; encourage the preservation of natural features, wildlife habitat and critical areas; facilitate the development of mixed use development; encourage the development of street, pedestrian and bicycle paths that contribute to a system of fully connected routes; facilitate the economical and adequate provision of public services; provide for diverse and convenient recreational opportunities; and/or provide a variety of environments for living, working and recreation. See Zoning Code 4.08.19.01. 40. The PUD process entails a preliminary and a final phase,which respectively follow the process of preliminary and final plat approval. The preliminary phase examines the preliminary HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04IPUD-06-04 Page 6 PUD site development plan submitted by an applicant for compliance with the requirements of the PUD Overlay zone. If approved by the Hearing Examiner, the PUD is a binding plan that defines the concept of development and uses to be allowed. The Hearing Examiner may require modifications to a PUD Overlay zone application to ensure that the purpose and intent of the zone is accomplished. 41. The preliminary PUD site development plan must contain such features as the general location of all proposed improvements, setbacks, location of pedestrian and bicycle circulation systems, common open spaces showing size and functions upon completion, a description of the method of ownership and responsibility for maintenance of all common open space and private streets, the location and dimensions of off-street parking facilities, a tabulation of densities in each phase of the PUD, the natural features to be retained, and the critical areas on the property. 42. The PUD Overlay zone requires more detailed information in the final PUD site plan than in the preliminary PUD site plan; including approved road plans and drainage plans, typical building footprints, the percentage of building coverage in the PUD, and a schematic landscaping plan. The City Planning Division may approve a final PUD site plan administratively if all standards, requirements and conditions of preliminary approval are met. See Zoning Code 4.08.19.02. 43. The PUD Overlay zone requires creation of a homeowner's association in a residential PUD; to manage and maintain private streets, common areas, and other improvements not solely owned by individual lot owners. This includes drainage facilities located in common open space, which must be designed in accordance with the City's adopted stormwater management standards. See Zoning Code 4.08.19.15.1.e. 44. The PUD Overlay zone requires that a minimum of 10% of the total area of the PUD be designated and maintained as common open space. Required landscape areas and stormwater facilities in common open space cannot be used in the calculation of the percentage of open space. See Zoning Code 4.08.19.16.1. 45. The PUD Overlay zone states that land dedicated for open space should either be useable for greenbelts that serve as a buffer between land uses, using existing vegetation and new plant materials; active or passive recreational activities; or for protecting environmentally sensitive areas or critical areas. Unusable open space includes the design of areas that do not meet the intent and purpose of the PUD Overlay zone, such as open space areas that are not accessible to residents of the development, do not function for active/passive recreation, or do not conserve wildlife habitat or other natural features. See Zoning Code 4.08.19.16.2. 46. The PUD Overlay zone requires that all roads in the PUD meet or exceed the current design and construction standards for public roads adopted by the City. Energy efficient streetlights must be located at the entrance of the development and at each intersection. 47. The PUD Overlay zone requires that pedestrian circulation facilities, consisting of hard- surface sidewalks or pathways at least five (5) feet wide,be provided on both sides of the street HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 7 in a residential PUD; be functionally and safely convenient to each dwelling unit served; and be functionally and safely convenient to schools and industrial, commercial, recreational and utility areas within or adjacent to the PUD. See Zoning Code 4.08.19.15. 48. The PUD Overlay zone, in Section 4.08.19.15.1.c of the City Zoning Code, provides as follows: "No proposed street shall impede the current or future development of any arterial or collector identified on the Arterial Road Plan. All PUDs shall have direct access to a designated collector or arterial." [Emphasis added]. 49. The City Comprehensive Plan distinguishes between Urban Arterials (Principal, Minor and Collector) designated on the City Arterial Road Plan and Urban Local Access Roads. See Comprehensive Plan, Chapter 5 (Transportation). The City Road Standards distinguish between Urban Principal Arterial Streets, Urban Minor Arterial Streets, Urban Collector Streets, and Urban Local Access Roads. Seep. 1-9 and 1-10 50. The site fronts along and directly accesses Fourth Avenue. The City Arterial Road Plan does not designate Fourth Avenue as an Urban Principal Arterial, Urban Minor Arterial or Urban Collector Arterial. See Arterial Road Plan map in Chapter 5 (Transportation) of the City Comprehensive Plan. Fourth Avenue is therefore considered an"Urban Local Access" road. 51. The current preliminary plat and PUD Overlay zone applications cannot be approved, because the proposed PUD does not have direct access to a"...designated collector or arterial.", within the meaning of Section 4.08.19.15.1.c of the City Zoning Code. The nearest arterial or collector to the site is Barker Road, an Urban Minor Arterial that is located approximately 320 feet east of the site. 52. The Examiner may still consider approval of the proposed rezone of the site to the UR-7* zone, without a site plan, if the preliminary plat and PUD are denied. 53. Common open space Tract B, consisting of 1,584 square feet, cannot be used to calculate the 10% minimum of common open space required in a PUD by the PUD Overlay zone, since it will be used primarily for drainage swale purposes. However, common open space Tract A, consisting of.54 plus acres, represents 11.8% of the gross area of the site and meets the purpose of common open space stated in Section 4.08.19.16.1 of the PUD Overlay zone; and provides compliance with the 10% open space requirement. 54. The plat map/PUD site plan illustrate five (5) feet of Type III landscaping along Fourth Avenue. This was based on past interpretations by the City Planning Division and the Hearing Examiner that the requirement in Zoning Code 14.806.040.2.a for the installation of 20 feet of Type HI (see-through buffer) landscaping along the frontage of a public road in all new developments located in the "...multiple family residential zones (UR-7, UR-12 and UR-22)..." zone was intended to apply only to multi-family development, and not to single-family and HE Findings, Conclusions and Decision REZ-25-041SUB-16-04/PUD-06-04 Page 8 duplex development; and that installation of five(5) feet of Type III landscaping was adequate for single-family and duplex developments. See p. 14 of Staff Report. 55. More recently, City Planning Division staff and the Examiner have found that there is no basis for requiring the installation of five (5) feet of Type HI landscaping along the public road frontage of new single-family lots or duplex lots in the UR-7 zone, based on the interpretation that the landscaping requirement of Zoning Code 14.806.040.2.a applies only to multi-family housing. 56. 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 County 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 types. Policy UL.8.1 recommends that mixed-income development be provided for in residential areas. 57. Policy T.3e.1 of the Comprehensive Plan 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. Policies T.3e.8,UL.2.22 and UL.3.2.h recommend the development of street,pedestrian path and bike path standards in PUDs and other residential developments that contribute to a system of fully connected routes. 58. 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. 59. Policy T.2.2 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. Policy T.4a.2 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. 60. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be required on public roads in all new residential subdivisions. 61. 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-25-04/SUB-16-04/PUD-06-04 Page 9 62. The trip distribution letter submitted by the applicant's consulting traffic engineer for the original version of the preliminary plat/PUD for 22 lots suggests that development of the site for residential housing under the UR-7* zone would not have any significant adverse impacts on the transportation system in the area. The mitigation of traffic impacts would be addressed at such time as a new application is submitted for a specific development on the site. 63. The applicant would be required to install curb and sidewalk along the frontage of the site if the site is developed for residential housing under the UR-7* zone. This is similar to requirements imposed on other urban residential developments recently approved in the area, or that would be applied to all new developments along Long Road. 64. The County Division of Utilities certified the availability of public sewer to the project. This would likely occur through the extension of a public sewer line in Fourth Avenue, and pumping sewage effluent to existing sewerage facilities located to the west in Long Road; although other potential sewering options of the site may be feasible. See testimony of Todd Whipple. 65. The City Phase I Development Regulations prohibit the approval of new development, including zone reclassifications, within the Urban Growth Area(UGA) unless the proposal can demonstrate the availability of public water and sewer. Such development must either be connected to public sewer at the time of occupancy, or be located within the 6-year sewer capital improvement program area adopted by Spokane County. 66. New development located within the County's 6-year sewer capital program area may install on-site sewage systems on an interim basis until such time as sewer service is available, subject to the installation of dry line sewers and double plumbing, and immediate connection to public sewer once public sewer service is available. The site is located outside the County's 6- year sewer capital sewer program area, so that development of the site must be connected to public sewer and cannot rely on on-site sewage systems. 67. Under the City Phase I Development Regulations, developer financed extensions of public sewer within the UGA and outside the County's 6-year sewer capital program area may be allowed, provided capacity and infrastructure needs are adequately addressed. 68. Consolidated Irrigation District, #19, the designated water purveyor for the area, certified the availability of public water to serve the proposal. 69. The Central Valley School District submitted written comments on May 6, 2004 indicating that Greenacres Elementary School and Greenacres Middle School are presently at or near capacity, and that students residing in the proposed development may have to be transported to other schools in the district where capacity is available. 70. The City Capital Facilities Plan indicates there will likely be adequate school capacity in Central Valley School District in 2006, although there may be a deficiency in City parks and HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 10 recreational facilities. The City Phase I Development Regulations do not require direct concurrency for school or parks and recreation, or for police and fire protection. The bussing of students is not considered a significant impact, if here is sufficient capacity overall in the school district to house the students. 71. The UR-7 zone requires the installation of a 6-foot high fence, wall or solid landscaping screen along the borders of the site adjacent to UR-7 zoning. If the site is developed under the UR-7* zone, the applicant would be required to install screening along the south, east and west borders of the site. This would help provide a buffer for the larger lots that abut the site, and for large animal keeping on certain adjacent properties. However, large animal keeping is a nonconforming use in the UR-3.5 zone, and buffering of such use on property abutting the site is not compelled by the policies of the Low Density Residential category of the City Comprehensive Plan. 72. The proposed rezone to the UR-7* zone implements other relevant policies of the City Comprehensive Plan, as set forth in the Staff Report. Since the site is designated in the Low Density Residential category of the Comprehensive Plan, the UR-7* zone specifically implements the Low Density Residential category of the Comprehensive Plan under the City Phase I Development regulations, and the record does not establish that rezoning the site to the UR-7* zone conflicts with any of the policies of the City Comprehensive Plan, the proposed rezone of the site to the UR-7* zone conforms to the Comprehensive Plan. 73. The Examiner has eliminated the conditions of approval recommended by public agencies that apply only to the preliminary plat and PUD Overlay zone, and added or revised conditions of approval that apply to the rezone application. As conditioned, approval of the proposed rezone would not have any adverse impact on the public health, safety and general welfare; and would not have any significant probable adverse impact on the environment. 74. Under Washington case law, a rezone application does not have to be supported by changed conditions if it conforms to a local government's comprehensive plan. 75. Conditions have substantially changed in the area since the zoning of the site was reclassified to the UR-3.5 zone in 1991, to support the approval of the proposed rezone. This • includes the availability of public sewer to the area, adoption of the City Comprehensive Plan and City Phase I Development Regulations, the approval of other rezones to the UR-7* zone and associated residential developments in the area, designation of the site in the UGA and Low Density Residential category of the Comprehensive Plan,residential growth in the area, and incorporation of the City of Spokane Valley Based on the above findings of fact, the Hearing Examiner enters the following: III. CONCLUSIONS OF LAW 1. The PUD Overlay zone application must be denied, because the site does not have direct access to a Collector Arterial, or other designated arterial designated by the City Arterial Road HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 11 Plan; and therefore cannot comply with the development standards of the PUD Overlay zone. Since the PUD Overlay zone is a direct component of the preliminary plat application, the preliminary plat application must also be denied. 2. The rezone application is considered separately from the preliminary plat and PUD Overlay zone applications, as discussed in the Staff Report. 3. The proposed rezone, as conditioned, conforms to the City Comprehensive Plan, and bears a substantial relationship to the public health, safety and welfare. 4. A change in economic, technological, or land use conditions has occurred to warrant approval of the proposed rezone. A substantial change of circumstances has occurred in the area since the site was last zoned. 5. The proposed rezone, as conditioned, meets the criteria established by Washington case law for approving a rezone. 6. The procedural requirements of the State Environmental Policy Act and the City's Local Environmental Ordinance have been met. 7. The proposed rezone, as conditioned, complies with the UR-7* zone, the County Zoning Code, and other relevant development regulations. 8. The procedural requirements of the State Environmental Policy Act and the City Environmental Ordinance have been met. The proposed rezone, as conditioned, will not have a significant, probable adverse impact on the environment. 9. Approval of the rezone application is appropriate under the City Zoning Code and City Ordinance No. 03-057, as amended by City Ordinance Nos. 03-081 and 04-012. IV. DECISION Based on the Findings of Fact and Conclusions of Law above, the application for a rezone of the site from the UR-3.5 zone to the UR-7* zone is hereby approved, subject to the conditions of the various agencies specified below; and the applications for a preliminary plat and PUD Overlay zone are hereby denied. 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. Pursuant to City Ordinance No. 04-012, if a timely appeal of this decision is not filed with the City Council, the City Manager or designee shall modify the official zoning map of the HE Findings, Conclusions and Decision REZ-25-04/SUB-16-041PUD-06-04 Page 12 City according to the Examiner's decision; which action shall be considered the final legislative action of the City Council and considered an "official control" of the City. CONDITIONS OF APPROVAL: The following are general conditions of approval that apply to the rezone approval in File No. REZ-25-04: 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. 55191.0602. 2. The maximum density for future residential development on the subject property under the Urban Residential-7* (UR-7*) zone shall be six (6) dwelling units per acre. 3. Development of the site shall comply with the development standards of the UR-7* zone, and other applicable provisions of the Spokane Valley Interim Zoning Code. 4. During any and all on-site construction, the proposal shall control and limit all on-site dust pursuant to applicable SCAPCA regulations pertaining to construction methods and construction vehicles. 5. Upon any discovery of potential or known archaeological resources at the subject property prior to or during on-site construction, the developer, contractor, and/or any other parties involved in construction shall immediately cease all on-site construction, shall act to protect the potential or known historical and cultural resources area from outside intrusion, and shall notify, within a maximum period of twenty-fours from the time of discovery, the City of Spokane Valley Community Development Department of said discovery. SPOKANE VALLEY PUBLIC WORKS DEPARTMENT-ENGINEERING DIVISION: 1. Conditions of approval will be recommended and apply at the time a new application for development of the site is submitted. A traffic analysis may be required. SPOKANE COUNTY FIRE DISTRICT NO. 1: 1. Conditions of approval will be recommended and apply at the time a new application for development of the site is submitted. SPOKANE REGIONAL HEALTH DISTRICT: 1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 13 2. Water service shall be coordinated through the Director of Utilities, Spokane County. 3. Water service shall be by an existing public water supply when approved by the Regional Engineer(Spokane), State Department of Health. 4. 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. 5. The use of private wells and water systems is prohibited. 6. Water service shall be coordinated through the Director of Utilities, Spokane County. 7. Water service shall be by an existing public water supply when approved by the Regional Engineer(Spokane), State Department of Health. 8. The sewage disposal method shall be authorized by the Director of Utilities, Spokane County. SPOKANE COUNTY DIVISION OF UTILITIES: 1. A wet (live) sewer connection to the area-wide Public Sewer System shall be constructed. A sewer connection permit is required. Commercial developments shall submit historical and or estimated water usage prior to the issuance of the connection permit in order to establish sewer fees. 2. The applicant shall submit expressly to the Spokane County Division of Utilities, under separate cover, only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and or estimated water usage as part of the sewer plan submittal. 3. Sewer plans acceptable to the Spokane County Division of Utilities shall be submitted prior to the issuance of the sewer connection permit. 4. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 5. The applicant shall submit expressly to the Spokane County Division of Utilities, "under separate cover" only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. 6. Any water service for the project shall be provided in accordance with the Coordinated • Water System Plan for Spokane County, as amended. HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 14 DATED this 24th day of March, 2005 CITY HEARING EXAMINER PRO TEM Mich el C. Dempsey, WSBA 8235 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to City of Spokane Valley Ordinance No. 03-057, as amended by City Ordinance Nos. 03-081 and 04-012, the decision of the Hearing Examiner on combined applications for a zone reclassification, preliminary plat and Planned Unit Development (PUD) Overlay zone 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 March 24, 2005. THE APPEAL CLOSING DATE IS APRIL 7, 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, WA. Copies of the documents in the record will be made available at the cost set by City of Spokane Valley Ordinance. Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 15