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SUB-05-04 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Application for a Preliminary Plat, in the ) Urban Residential-7 (UR-7) Zone; ) FINDINGS OF FACT, Applicant: Lots N Land, L.L.C. ) CONCLUSIONS OF LAW, File No. SUB-05-04 ) AND DECISION ) This matter coming on for public hearing on May 27, 2004,the Hearing Examiner, after review of the preliminary plat application and the entire record, and finding good cause therefore, hereby makes the following findings of fact, conclusions of law and decision: I. FINDINGS OF FACT 1. The application seeks approval of a preliminary plat, to subdivide approximately 11.59 acres of land into 55 lots for single-family dwellings, in the Urban Residential-7 (UR-7) zone. 2. The property is located along the north side of Baldwin Road and the west side of Tschirley Road, directly west of the intersection of Tschirley and Indiana Avenue. The site is located in the SW 1/4 of Section 7, Township 25 North, Range 45 East, Willamette Meridian, in Spokane County, Washington. 3. The site is currently referenced as County Assessor's tax parcel no. 55073.0715. The property is legally described on the preliminary plat map of record. 4. The applicant for the proposal and the site owner is Lots N Land, L.L.C., c/o Ken Tupper, 122 North Raymond Court, Spokane Valley, Washington 99206. 5. On March 26, 2004, the applicant submitted a complete application for a preliminary plat to the Spokane Valley Department of Community Development in File No. SUB-05-04. 6. On May 12, 2004, the Spokane Valley Depailnient of Community Development issued a Mitigated Determination of Nonsignificance (MDNS) for the application. The MDNS was not appealed. 7. On May 27, 2004, the Hearing Examiner held a public hearing on the application. The Examiner conducted a site visit on May 19, 2004 and July 19, 2004. The notice requirements for the public hearing were met. 8. The following persons testified at the public hearing: Micki Harnois, Current Planning Kevin Snyder, Manager, Current Planning City of Spokane Valley City of Spokane Valley 11707 E Sprague Ave Ste 106 11707 E. Sprague Avenue Spokane Valley, WA 99206-6124 Spokane Valley, WA 99206 HE Findings, Conclusions and Decision SUB-05-04 Page 1 Sandra Raskell Don Ramsey Traffic Engineering Traffic Engineering City of Spokane Valley City of Spokane Valley 11707 E Sprague Ave Ste 106 11707 E Sprague Ave Ste 106 Spokane Valley, WA 99206-6124 Spokane Valley, WA 99206-6124 Margaret L. Arpin Howard Delaney Attorney at Law 17606 E Montgomery Ave Arpin Law Office Spokane Valley, WA 99016-8518 1117 E 35th Ave Spokane, WA 99203-3167 Jim Red Richard J. Harmon Spokane County Utilities 17610 E Mission Ave 1026 West Broadway Spokane Valley, WA 99016-8540 Spokane, WA 99260-0245 Brian Woods Skip Hancock 2009 N Long Rd 17621 E Mission Ave Spokane Valley, WA 99016-9557 Spokane Valley, WA 99016-8540 Jeff Logan Mary Pollard 1220 N Howard St 17216 E Baldwin Ave Spokane, WA 99201-2410 Spokane Valley, WA 99016-9506 Laurel Ladd Jerry Tallant-Woods 17709 E Indiana Ave 1616 N Long Rd Spokane Valley, WA 99016-8534 Spokane Valley, WA 99016-9556 Alice Beattie Dave Hinkey 17324 E Montgomery Ave 17803 E Indiana Ave Spokane Valley, WA 99016-8542 Spokane Valley, WA 99016-8535 Jackie White 17505 E Indiana Ave Spokane Valley, WA 99016-8501 9. The public hearing was held in accordance with City Ordinance No. 03-57, as amended by Ordinance Nos. 03-081 and 04-012; and the Hearing Examiner Rules of Procedure adopted pursuant thereto. 10. The Examiner left the record open after the public hearing until June 11, 2004, to allow the parties of record additional time to respond to issues raised at the public hearing. HE Findings, Conclusions and Decision SUB-05-04 Page 2 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, other applicable development regulations, and prior land use decisions in the vicinity. 12. 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, the documents submitted after the public hearing through June 11, 2004, and the items taken notice of by the Hearing Examiner. 13. The site is 11.59 acres in size and is relatively flat in topography. Two agricultural storage buildings are located in the southeast corner of the site, near the east border. The remainder of the site consists of an open grass field that is not being cultivated. An abandoned concrete irrigation canal is found along the east and southwest boundaries of the site. An irrigation pipeline and some irrigation easements are located along the south property line. 14. The preliminary plat map submitted on March 26, 2004 illustrates division of the site into 55 lots for single-family dwellings. The lots range in size from 6,222 square feet to 17,947 square feet, with the average lot size being approximately 7,360 square feet. The density(net) of the preliminary plat is 5.92 dwelling units per acre. Standard setbacks of the zone are illustrated. All utilities would be installed underground. 15. The preliminary plat map illustrates five(5)feet of land dedicated for public right of way along the borders of the site adjacent to public roads. The project would be accessed internally by public roads,which would be paved and improved with curb, gutter and sidewalk. Public water service would be supplied by Consolidated Water District#3. The Spokane County Division of Utilities would furnish public sewer service to the project. 16. The conditions of approval recommended by City Public Works require the applicant to install frontage improvements along Baldwin Avenue and Tschirley Road, including additional paving width, curb, gutter, sidewalk and a planter strip. Such conditions also require the applicant to pay 1.57% of the cost of installing a traffic signal at the intersection of Barker Road and Mission Avenue, located less than one (1)mile southwest of the site. 17. In 1991, Spokane County reclassified the zoning of the site and the land in the area from its zoning under the now expired County Zoning Ordinance to the Urban Residential-3.5 (UR-3.5) zone,pursuant to the Program to Implement the Spokane County Zoning Code. 18. In approximately 1994, the County approved an area-wide rezone that reclassified the zoning of the site, and the other land in the area lying between Mission Avenue on the south and the Spokane River on the north, from the UR-3.5 zone to the Suburban Residential-1 (SR-1) zone. The zoning of the land lying south of Mission Avenue remained UR-3.5. See decision in File No. ZE-17-94. 19. Effective January 15, 2002, Spokane County implemented a new comprehensive plan, Urban Growth Area(UGA)boundaries and Phase I Development Regulations,pursuant to the State Growth Management Act. See County Resolution Nos. 2-0037 and 2-0470. HE Findings, Conclusions and Decision SUB-05-04 Page 3 20. The County Comprehensive Plan designated the site and surrounding area in the Low Density Residential category. The County Phase I Development Regulations designated the site and general area in the UGA, reclassified the zoning of the site and the other land in the area that was zoned SR-1 zone to the UR-7 zone, and retained the UR-3.5 zoning of the land lying south of Mission Avenue in the area. 21. On March 31, 2003, the City of Spokane Valley was incorporated in the area; and adopted by reference the County's comprehensive plan, subdivision ordinance, zoning code, Phase I Development Regulations, zoning maps and other development regulations; with certain minor revisions. The City retained the zoning of the site and other land in the area. 22. The majority of the land surrounding the site consists of single-family homes on acreage parcels, including some farming and large animal-keeping uses. A 13,000-square lot is found directly east of the site, immediately north of the intersection of Indiana Avenue and Tschirley Road. The parcels located south and southwest of the east half of the site generally range from one-half(1/2) acre to one (1) acre in size. Some smaller parcels are also found at the southwest corner of the intersection of Baldwin Avenue and Flora Road. 23. The land lying west of Flora Road, south of Mission Avenue, in the vicinity is designated in the Light Industrial category and zoned Light Industrial (I-2). Some limited commercial uses are found just over one (1)mile driving distance southeast of the site, north of the Interstate 90/Barker Road freeway interchange to the southeast. A wide range of commercial uses is found approximately 1.5 miles driving distance to the southwest; along Broadway Avenue, east of Sullivan Road; and along Sprague Avenue, east and west of Flora Road. 24. The Comprehensive Plan designates Mission Avenue in the area as an Urban Collector Arterial, Flora Road and Broadway Avenue as Urban Minor Arterials, and Sprague Avenue and Barker Road as Urban Principal Arterials. The other roads in the vicinity are Urban Local Access roads. Flora Road passes over I-90 to the southwest,but does not directly access the freeway at such location. 25. The I-90Barker Road interchange is located approximately 1.3 miles driving distance from the site. The I-90/Sullivan Road interchange is located approximately 1.9 miles driving distance from the site. The Spokane River is located approximately 700 feet north of the site at its closest point. 26. All the land lying between the southerly three fourths (3/4) of the site and Flora Road to the west, except for the 1.2-acre parcel located directly west of the south end of the site adjacent to Flora Road, is currently approved for the preliminary plat of Flora Meadows, in File No. PE- 1706-93. Such preliminary plat would divide nine (9) acres of land into 31 lots for single-family residences, in the UR-3.5 zone, at an approximate density(net) of 4.35 dwelling units per acre, with each lot being approximately 10,000 square feet. 27. Spokane County initially denied the preliminary plat of Flora Meadows (File No. PE-1706- 93) after a hearing held in 1993. The County's decision was later reversed on appeal, and the HE Findings, Conclusions and Decision SUB-05-04 Page 4 preliminary plat approved, through a decision issued by the Washington State Supreme Court. A time extension was approved a few years ago to preserve the life of the preliminary plat beyond the initial 5-year approval period. No part of the preliminary plat has been finalized. 28. On December 8, 2003, the Hearing Examiner approved the preliminary plat/PUD of Flora Springs, and a Planned Unit Development Overlay zone, for 9.54 acres of land located 450 feet south and southeast of the site, along the north side of Mission Avenue, 950 feet east of Flora Road. The preliminary plat application sought to divide such acreage into 54 lots for single- family dwellings and 1.4 acres of common open space, in the existing UR-7 zone. The approval required the density(net) of the preliminary plat/PUD to be reduced from 6.46 dwelling units per acre to six (6) dwelling units per acre, to comply with the City Phase I Development Regulations of six (6) dwelling units per acre. The residential lots in such project range from 5,000 square feet to 11,512 square feet in size,with most lots being approximately 5,000 square feet. See decision in File No. PE-1921-03/PUDE-5-03. 29. Neighboring property owners objected to the current proposal,based on the inconsistency of the lot sizes and density of the project with neighboring land uses, impacts on rural lifestyle and animal-keeping, traffic safety/capacity impacts, lack of sewer capacity and potential impacts from on-site sewage disposal, lack of parks, impacts on schools, increased crime, lack of fencing along the project borders, impacts on water supplies, impacts on wildlife, taking of land to support off-site road improvements, and other concerns. 30. The UR-7 zone is intended to add to the variety of housing types and densities in urban areas, and to provide standards for the orderly development of residential property in a manner that provides a desirable living environment that is compatible with surrounding land uses and assures the protection of property values. The UR-7 zone permits the development of single- family homes, duplexes, multi-family dwellings and certain other uses. 31. The City Phase I Development Regulations limit new residential development on land rezoned to the UR-7,pursuant to such regulations, to a maximum density of six (6) dwelling units per acre. This includes the present site. 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. The minimum lot size for a duplex is 11,000 square feet. 32. The density(net) of the preliminary plat of 5.92 dwelling units per acre conforms to the maximum density permitted on the site of six (6) dwelling units per acre; and is comparable to the density(net) of six (6) units per acre approved for the preliminary plat/PUD of Flora Springs recently approved for nearby land, in File No. PE-1921-03/PUDE-5-03. 33. The preliminary plat application states that the applicant plans to develop single-family dwellings and duplexes "as allowed". The environmental checklist indicates that the applicant plans to develop middle-income housing. Only two (2) lots in the preliminary plat (Lots 48 and 49) are large enough to meet the minimum lot size for a duplex in the UR-7 zone. No more dwelling units can be added to the preliminary plat in its current configuration without exceeding HE Findings, Conclusions and Decision SUB-05-04 Page 5 density requirements. At the public hearing, the applicant represented that only single-family residences are planned. 34. Policy UL.9.1 of the Comprehensive Plan recommends that residential densities in the Low Density Residential category of the Comprehensive Plan, in which category the site is designated, 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. The density and type of housing planned in the preliminary plat implements these policies. 35. 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. Policy UL.2.14 recommends that separated sidewalks be required on public roads in all new residential subdivisions. The preliminary plat is consistent with such policies by providing for separated sidewalks along the public roads fronting the site and within the project. 36. Policy UL.2.20 of the Comprehensive Plan encourages new developments to be arranged in a pattern of connecting streets and blocks, to allow people to get around easily by foot,bicycle, bus or car. The preliminary plat implements such policy by extending a public road(Knox Avenue) from the east border of the site west to a planned public road in the adjacent preliminary plat of Flora Meadows (File No. PE-1706-93), that would extend from the west border of the site to Flora Road. See Exhibit 17. The preliminary plat also provides a public road connection to Indiana Avenue east of the site, and an additional east to west public road (Mansfield Avenue) connection in the north end of the project. 37. 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. 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. 38. Guidelines set forth in the 2001 City Standards for Road and Sewer Construction("City Road Standards") recommend the provision of adequate vehicular and pedestrian access to all parcels of land, minimizing through traffic movements and excessive speeds on local access streets, logical street patterns, minimizing vehicular and pedestrian-vehicular conflict points, considering traffic generators in designing a street system in a proposed development, and considering bordering arterial routes. 39. The City Road Standards require the construction of curb, gutter and sidewalk along the frontage of new developments within urban land use zones. The City Road Standards also establish standards for the construction of new access roads, and the reconstruction of existing HE Findings, Conclusions and Decision SUB-05-04 Page 6 access roads; and give the City Engineer discretion in prescribing the actual roadway section required based on a number of factors. See Road Standards, Chapter 3. 40. The applicant submitted a trip generation and distribution analysis report prepared by a qualified professional traffic engineer. The analysis projected that only 10% of the vehicle trips leaving or approaching the site would be from the east along Indiana Avenue, using Barker Road, north of Indiana Avenue. The analysis estimated that the remaining 90% of the vehicle trips would leave or approach the site from Baldwin Avenue to the west; including 45%via Barker Road south of Indiana, 20%via Broadway Avenue; and 25%via Flora Road. 41. The City Engineer accepted the traffic analysis submitted by the applicant's traffic engineer, and relied on it to recommend conditions of approval for the project. 42. Neighboring property owners expressed concern regarding the narrow paved width along Baldwin Road, Indiana Avenue and other neighboring roads; and disputed the trip distribution projected in the traffic analysis, contending that a majority of the trips accessing or leaving the site would be to and from the east along Indiana Avenue. This was based on anecdotal information from some neighboring residents, and was not supported by evidence of a traffic engineering nature. 43. The traffic analysis submitted by the applicant's traffic engineer distributed project trips for the project based on historical average daily traffic counts; which were adjusted, as necessary, to reflect the location of several shopping centers along Sullivan Road and Sprague Avenue, the location of several work centers along Sprague Avenue, the narrowness of Indiana Avenue east of the site compared to the wider arterials of Mission Avenue and Flora Road, the planned signalization of the intersection of Barker Road and Mission Avenue by the City, and other demographic factors. See April 23, 2004 Technical Memorandum from the Transpo Group; and letter dated June 11, 2004 from William White, Transportation Engineer for USKH, to the Hearing Examiner. 44. The City Road Standards require a more detailed traffic impact study for a proposed development, if the City Engineer determines that the development will generate enough peak hour trips to lower or aggravate the minimum acceptable level of service for traffic at City intersections, the driveways from the proposal have the potential to generate traffic safety problems on the adjacent public roadways, or that the proposal will impact an existing traffic route with a history of traffic accidents. 45. The City Engineer found no basis to require such detailed study for the current project. The City Engineer determined the project's proportionate share for the cost of the traffic signal planned for the intersection of Mission Avenue and Barker Road at 1.57%, based on the methodology applied to previous developments impacting such intersection. The applicant requested that City Engineering condition#17 on page 14 of the Staff Report be revised to state the actual percentage of the applicant's proportionate share of the cost of the traffic signal,which is an appropriate request. HE Findings, Conclusions and Decision SUB-05-04 Page 7 46. Baldwin Avenue and Indiana Avenue in the vicinity have a relatively narrow paved width, but a 40-foot right of way width in the vicinity. The City Engineer required the internal roads in the preliminary plat, and the half width of the public roads fronting the site, to be improved to the standard cross section set forth in the Road Standards for an Urban Local Access road. The land fronting along such roads off-site are located in urban zones and in the UGA,where more dense urban development can be anticipated in the future and the adjacent roadways improved to City standards. 47. Substantially more weight must be given to the opinions of traffic experts, such as the applicant's traffic engineer and the City Engineer,than the lay testimony of citizens, in matters concerning traffic capacity and safety. There is no competent traffic engineering evidence in the record establishing that the proposal will have any significant adverse impacts on the level of service for the road system serving the project, or on traffic safety. The project meets the transportation concurrency requirements of the City Phase I Development Regulations. 48. The City Capital Facilities Plan indicates that there was adequate capacity in City park and recreation facilities in the NE Valley Urban in which the site is designated in 2000,but projects a small deficit in the desired level of service for park and recreational facilities in such area by 2006. 49. The nearest public park and recreation facility to the site is the Centennial Trail, located along the south side of the Spokane River in the area, approximately 700 feet north of the site at its closest point. A City park is located over two (2)miles driving distance northwest of the site, along the west side of Sullivan Road, immediately north of the Spokane River. 50. The City Capital Facilities Plan generally indicates that adequate capacity will exist in the Central Valley School District at all grade levels in 2006. The Central Valley School District commented that is currently has capacity to serve the students expected to reside within the proposal, although it may be necessary to bus elementary and middle school students residing in the proposal to other schools within the district due to lack of room in the elementary and middle schools located near the site. See Exhibit 14. The need to bus students to other schools in the district is not considered a significant impact. 51. The City Phase I Development Regulations do not require direct concurrency for park and recreation facilities, or for schools, regarding new development. 52. Project opponents contended that there was insufficient wastewater treatment capacity in the County sewerage system to serve the proposal at the time of project buildout. This was based on advisory recommendation issued by the City on April 27, 2004 to applicants for development approvals that the County could potentially run out of treatment capacity before new treatment facilities can be brought on line and consider imposing a moratorium on new development. 53. Jim Red, a project manager for the Spokane County Division of Utilities, completed a form certifying that public sewer was available to serve the preliminary plat through developer extension, and that the project met the sewer concurrency requirements of the City Phase I Development Regulations. Red testified at the public hearing that there was adequate capacity in HE Findings, Conclusions and Decision SUB-05-04 Page 8 the treatment plant to serve the preliminary plat at buildout; and that there were two (2) alternative ways to serve the proposal with public sewer through developer connection. Public sewer was recently installed in Mission Avenue to Flora Road. 54. The conditions of approval recommended by the Spokane Regional Health District and by County Utilities require the preliminary plat to be served with public sewer. The sewer concurrency requirements of the City Phase I Development Regulations are met. 55. The Consolidated Water District#19 and County Fire District#1 certified that there was adequate public water available to meet the domestic and fire flow needs for the preliminary plat. The Health District conditions of approval for the project require public water service. The public water concurrency requirements of the City Phase I Development Regulations are met. 56. The applicant contended that the Examiner is barred from questioning the density of the proposal under the determination of consistency provisions set forth in RCW 36.70B.040. See Exhibit 15. This is unclear, since RCW 36.70B.040 applies to a comprehensive plan and development regulations that were adopted under the Growth Management Act(GMA). The County Comprehensive Plan and other County development regulations adopted by the City by reference when it was incorporated were adopted under the GMA,but the City is still required to adopt a comprehensive plan and development regulations under GMA within three (3) years from the date of its incorporation in 2003. On the other hand,the Examiner takes notice that the State Growth Management Hearings Board recently rejected certain comprehensive plan amendments and associated legislative rezones adopted by the City because they were not consistent with GMA. 57. The applicant requested revision to City Engineering condition#7 on page 17 of the Staff Report, to delete the requirement that an operations and maintenance manual be prepared by the applicant's engineer for the streets and stormwater system, since only public roads are proposed. It is appropriate to revise this requirement so that it only applies to stormwater facilities located on private land within the development. 58. The UR-7 requires the construction of sight-obscuring screening adjacent to land zoned UR-3.5, SR-1 or other less dense zones; but not adjacent to UR-7 zoning. The site is bordered on all sides by UR-7 zoning, and adjoining properties have the right to develop at residential densities consistent with such zoning. Accordingly, the Examiner has no basis to impose a fencing requirement as requested by neighboring property owners. 59. The owners of property(White) located directly east of the site contended that the concrete irrigation channel illustrated along the east boundary of the site, and noted for removal on the preliminary plat map, is located partially on such owners' property. The applicant submitted documents indicating that the Whites have no recorded interest in the channel or related irrigation easement. This is essentially a private dispute that the Examiner has no authority to rule on. HE Findings, Conclusions and Decision SUB-05-04 Page 9 60. The City Critical Areas maps do not designate any critical areas on the site, including priority wildlife habitats. There is no competent evidence in the record that the project will have any significant adverse impact on a priority wildlife species or habitat. 61. Considering the zoning of the area and other preliminary plats approved in the vicinity, 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. 62. No public agencies objected to the proposal, as conditioned, or its environmental impact. As conditioned, the proposal will not have more than a moderate effect on the quality of the environment and will be reasonably compatible with neighboring land uses. 63. The preliminary plat has been conditioned for compliance with the UR-7 zone, the County Zoning Code, the County Subdivision Ordinance, and other applicable development regulations. 64. As conditioned, the project will be reasonably compatible with neighboring land uses, and will not adversely impact the public health, safety and general welfare. Based on the above findings of fact, the Hearing Examiner enters the following: II. CONCLUSIONS OF LAW 1. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive Plan and will serve the public use and interest. 2. The preliminary plat and dedication, as conditioned,make appropriate provision for the public health, safety and general welfare; and also 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, noise and dust emissions, 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. 3. The preliminary plat, as conditioned,meets the general design and other requirements listed in Chapter 12.400 of the City Subdivision Ordinance for a proposed subdivision. 4. The proposed preliminary plat, as conditioned, conforms to the City Comprehensive Plan, and bears a substantial relationship to the public health, safety and welfare. 5. The procedural requirements of the State Environmental Policy Act and the City's Local Environmental Ordinance have been met. The MDNS issued for the preliminary plat was appropriate. HE Findings, Conclusions and Decision SUB-05-04 Page 10 6. The proposal, as conditioned, complies with the UR-7 zone, the City Zoning Code, the City Subdivision Ordinance and other applicable development regulations. 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. Approval of the preliminary plat 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. III. DECISION Based on the Findings of Fact and Conclusions of Law above, the subject application for a preliminary plat is 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. Failure to comply with the conditions of this approval may result in revocation of this approval by the Hearing Examiner. 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 conditions: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT PLANNING DIVISION: 1. Pursuant to Section 12.100.116 (Expiration of Approval) of the City Subdivision Ordinance, the preliminary plat approval for SUB-05-04 shall automatically expire five (5)years after preliminary approval is granted unless a time extension is approved for the project. If a request for an extension of time is not timely submitted and approved, the preliminary approval expires and the plat is null and void. The expiration date for SUB-05-04 is July 20, 2009. 2. 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. 3. Pursuant to Section 12.100.120 (Modifications) of the Subdivision Ordinance, any request for a proposed modification to a preliminary plat,which has received preliminary approval, shall be submitted to the Current Planning Division for review and approval. HE Findings, Conclusions and Decision SUB-05-04 Page 11 4. 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. 5. 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 4.74 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 requirement for underground utilities, 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. 6. All future development within the plat shall comply with the standards specified in Section 14.618.300 through Section 14.618.375 of the City Zoning Code 7. Pursuant to Section 12.400.132 of the Subdivision Ordinance, all utilities within the plat shall be installed underground. 8. Except where noted in conditions of approval, the proposal shall comply with the provisions of Chapter 14.618 (Urban Residential-7 Zone) of the Zoning Code. SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION: 9. The applicant 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. SPOKANE REGIONAL HEALTH DISTRICT: 10. Water service shall be coordinated through the Director of Utilities, Spokane County. 11. Water service shall be by an existing public water supply when approved by the Regional Engineer(Spokane), State Department of Health. 12. The sewage disposal method shall be authorized by the Director of Utilities, Spokane County. B. Prior to final plat approval, the applicant or successors in interest shall: HE Findings, Conclusions and Decision SUB-05-04 Page 12 SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT— CURRENT PLANNING DIVISION: 1. Submit a final plat specifying the following lot development standards on the face of the plat: Maximum Density 6 dwelling units per acre Minimum Lot Area 6,000 square feet Minimum Lot Frontage 65 feet Minimum Front Yard Building Setback—Primary 55 feet from centerline of roadway rights- Structures of-way or 25 feet from property line, whichever provides the greater setback from the centerline of the roadway right- of-way Minimum Side Yard Building Setback—Primary 5 feet from property line per story of Structures building Minimum Flanking Street Side Yard—Primary 55 feet from centerline of roadway rights- Structures of-way or 25 feet from property line, whichever provides the greater setback from the centerline of the roadway right- of-way Minimum Rear Yard Setback—Primary Structures 15 feet from property line Minimum Front Yard Building Setback— 55 feet from centerline of roadway rights- Accessory Structures of-way or 25 feet from property line, whichever provides the greater setback from the centerline of the roadway right- of-way Minimum Side Yard Setback—Accessory 0-15 feet in height=5 feet from property Structures line; Over 15 feet in height= 5 feet plus one (1) additional foot for each additional foot of structure height over 15 feet Minimum Flanking Street Side Yard—Accessory 55 feet from centerline of roadway rights- Structures of-way or 25 feet from property line, whichever provides the greater setback from the centerline of the roadway right- of-way Minimum Rear Yard Setback—Accessory 0-15 feet in height= 5 feet from property Structures line; Over 15 feet in height= 5 feet plus one (1) additional foot for each additional foot of structure height over 15 feet Maximum Building Coverage Per Lot 55 percent of total lot area Maximum Building Height 35 feet Minimum Parking Two (2) on-site spaces per lot HE Findings, Conclusions and Decision SUB-05-04 Page 13 2. Pursuant to Section 12.400.124 (Roads) of the Subdivision Ordinance, improve or make appropriate provisions for the construction of required public and private roads consistent with the City of Spokane Valley's Interim Standards for Road and Sewer Construction, as amended. 3. Pursuant to Section 12.400.126 (Sewage Disposal) of the Subdivision Ordinance, construct or make appropriate provisions for the construction of required public sewer improvements. 4. Pursuant to Section 12.400.128 (Water Supply) of the Subdivision Ordinance, construct or make appropriate provisions for the construction of required public water improvements. 5. Pursuant to Section 12.400.130 (Stormwater Runoff) of the Subdivision Ordinance, construct or make appropriate provisions for the management of stormwater runoff. 6. Pursuant to Section 12.400.132 (Utilities) of the Subdivision Ordinance, submit a final plat specifying easements inclusive of location and width for electric,water, sewer, gas and similar utilities. 7. 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. 8. The submitted final short application shall comply with all submittal requirements specified in Section 12.400.136 (Mapping Requirements), Section 12.400.138 (Monumentation), Section 12.400.140 (Final Plat Submittal) and Section 12.400.142 (Contents of Final Plat) of the Subdivision Ordinance. 9. 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. 10. Pursuant to Section 12.400.138 (Monumentation) of the Subdivision Ordinance, establish monumentation, as required by the City of Spokane Valley Standards for Road and Sewer Construction, as amended. 11. Pursuant to Section 12.400.138 (Monumentation) of the Subdivision Ordinance, mark every lot corner marked with an iron rod or iron pipe marked in a permanent manner with the registration number of the professional land surveyor in charge of the survey, and further, mark each lot corner with a wooden stake. HE Findings, Conclusions and Decision SUB-05-04 Page 14 12. Submit a final plat containing the following note on the face of the plat: "All lots within this plat shall comply with the building setback requirements, maximum building height standard, maximum lot coverage standard and other applicable lot development standards for the UR-7 zoning district or successor zoning designation in effect at the time of building permit application." 13. Submit a final plat adding the word"Road"to the street names going north and south. SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING DIVISION: 14. Construct frontage improvements along the entire portion of the plat abutting Tschirley Road, consisting of fifteen(15) feet of asphalt from centerline to property frontage, a two (2) foot wide curb and gutter, a ten(10) foot wide planter strip and a five (5) foot wide sidewalk. 15. Construct frontage improvements along the entire portion of the plat abutting Baldwin Avenue, consisting of fifteen(15) feet of asphalt from centerline of property frontage, a two (2) foot wide curb and gutter, a ten(10) foot wide planter strip and a five (5) foot wide sidewalk. 16. Submit a final plat specifying the dedication of a twelve (12) foot border easement the entire portion of the plat abutting Tschirley Road and Baldwin Avenue. 17. The applicant shall pay 1.57%of the cost for the proposed signal at Barker Road and Mission Avenue. Prior to final plat approval, the applicant shall execute a developer's agreement establishing when and how this amount will be paid to mitigate the impact of the development. SPOKANE COUNTY DIVISION OF UTILITIES: 18. A Public Sanitary Sewer easement shall be shown on the face of the final plat and the following note shall be specified on the face of the final plat: "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, its 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 other uses or purposes which are 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." 19. The final plat shall contain the following note: "Public sewers shall be constructed to provide for the connection of each parcel to the County's system of sewerage. Uses on properties HE Findings, Conclusions and Decision SUB-05-04 Page 15 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". 20. The applicant shall submit expressly to Spokane County Division of Utilities, under separate cover, only those plan sheets showing sewer plans and specification 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. 21. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the project. 22. Security shall be deposited with the Division of Utilities for the construction of the public sewer connection and facilities and for the prescribed warranty period. Security shall be in a form acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary Sewer Ordinance. 23. Security will be submitted to the Division of Utilities prior to approval of the Sewer Design Plans. 24. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. SPOKANE REGIONAL HEALTH DISTRICT: 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. 26. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane Regional Health District that an adequate and potable water supply is available to each lot of the plat. 27. 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 shall certify,prior to the filing of the final plat, on the face of the 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. 28. The purveyor will certify prior to the filing of 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 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 said plat. The contractual arrangement will include a provision holding the City of Spokane Valley Public Works Department, Spokane HE Findings, Conclusions and Decision SUB-05-04 Page 16 Regional Health District and the purveyor harmless from claims by any lot purchaser refused a building permit due to the failure of the plat sponsor to satisfactorily complete the approved water system. 29. A public sewer system shall be made available for the project and individual service shall be provided to each lot prior to sale. Use of individual on-site sewage systems shall not be authorized. 30. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 31. Submit a final plat containing the following dedication note on the face of the final plat: "A public sewer system shall be made available for the plat and individual service shall be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized." 32. Submit a final plat containing the following dedication note on the face of the final plat: "Use of private wells and water systems is prohibited." 33. Submit a final plat containing the following dedication note: "The public water system, pursuant to the Water Plan approved by county and State heath authorities, the local fire protection district, the City of Spokane Valley Building Division and water purveyor, shall be installed within this subdivision and the applicant shall provided 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." 34. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, City of Spokane Valley Public Works Department and the Spokane Regional Health District. Written approval of the easements by the utility companies shall be received prior to the submittal of the final plat. C. Prior to or during on-site construction the applicant or successors in interest shall: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT PLANNING DIVISION: 1. To reduce noise impacts to the surrounding properties resulting from construction,hours of on-site construction shall be authorized as follows: 1)between 7:00 a.m. and 7:00 p.m. Monday through Friday, 2)between 8:00 a.m. to 5:00 p.m. on Saturday, and 3) no construction allowed on Sunday. Prior to on-site construction,the developer and contractor(s) shall submit notarized letters agreeing to observe the specified hours of construction. 2. 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 HE Findings, Conclusions and Decision SUB-05-04 Page 17 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. 3. 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. SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION: 4. A Professional Engineer, licensed in the State of Washington, shall submit final road and drainage plans and a drainage report including calculations that conform to the 2001 Edition of the Spokane County Standards for Road and Sewer Construction, the 1998 Spokane County Guidelines for Stormwater Management(both adopted by the City of Spokane Valley), and all other applicable standards. 5. Permits shall be required for any access to or work within the right-of-way of the Spokane Valley roadway system. 6. A Temporary Erosion and Sedimentations Control (TESC)plan,prepared by a Washington State licensed Professional Engineer, shall be submitted and submitted with the site construction plans. The TESC plan is to follow 1998 Spokane County Guidelines for Stormwater Management. The TESC structures (such as silt ponds, silt traps) shall be installed prior to the start of site work, and the TESC measures are to be implemented and maintained throughout the duration of construction and until the site has stabilized. 7. Prior to construction plan acceptance by the City of Spokane Valley Public Works Department-Development Engineering Division, the applicant or successors in interest shall submit an Operations and Maintenance Manual,prepared by the applicant's engineer, for the street and stormwater systems. This manual shall include a discussion of the design life of the various components, recommended repair and maintenance schedules, calculated annual costs for repair and maintenance, and calculated replacement costs for each component of the systems. The manual shall specify the recommended individual monthly homeowner financial assessment to accomplish the identified maintenance and replacement tasks. This requirement shall apply only to street and stormwater systems constructed on private property in the development. 8. 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 SPOKANE COUNTY DIVISION OF UTILITIES: HE Findings, Conclusions and Decision SUB-05-04 Page 18 9. Submit the required application with the $100.00 planning action fee and a copy of the receipt to the Spokane County Division of Utilities. 10. Submit a copy of the completed Sewer Availability form to the Spokane County Division of Utilities with the required application. 11. Submit prior to the finalization of the project sewer plans acceptable to the Division of Utilities. 12. Submit prior to the issuance of the sewer connection permit sewer plans acceptable to the Division of Utilities. 13. 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. 14. Any water service for the project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY: 15. Dust emissions during demolition, construction, and excavation projects shall be controlled. Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers or suspension of activity during certain weather conditions. 16. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved surfaces. If tracking or spills occur on paved surfaces,measures must be taken immediately to clean these surfaces. 17. Debris generated as a result of this project shall be disposed of by means other than burning. 18. If objectionable odors result from this project, effective control apparatus and measures shall be taken to reduce odors to a minimum. 19. Special attention shall be given to proper maintenance of diesel powered construction equipment to reduce the impact of diesel exhaust, a suspended carcinogen. 20. A Notice of Construction and Application for Approval is required to be submitted and approved by SCAPCA prior to the construction, installation, or establishment of an air pollution source. This includes emergency generators rated at 500 hp (375 kW) or higher,natural gas heating equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units fired with other fuels (e.g. diesel)rated at 1 MMBTU/hr(input) or higher. Contact SCAPCA for a Notice of Application. HE Findings, Conclusions and Decision SUB-05-04 Page 19 21. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or asbestos project. An asbestos survey must be done by an AHERA accredited building inspector prior to the demolition or renovation of buildings to determine if asbestos-containing material is present at the site. Contact SCAPCA for a Notice of Intent application. DATED this 20th day of July, 2004 CITY HEARING EXAMINER PRO TEM -41;‘,"(v, joe. Michael C. Dempsey, WSBA#: NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to City Ordinance No. 03-057, as amended by City Ordinance Nos. 03-081 and 04-012, the decision of the Hearing Examiner on a preliminary plat is final and conclusive unless within twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with standing files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed. This Decision was mailed by Certified Mail to the Applicant and by first class mail to other parties of record on July 20, 2004. The date of issuance of the Hearing Examiner's decision is therefore July 23, 2004. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS AUGUST 13, 2004. 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 SUB-05-04 Page 20