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PE-1921-03_PUDE-5-03 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Preliminary Plat of Flora Springs, and Planned ) Unit Development (PUD) Overlay Zone, in ) FINDINGS OF FACT, the Urban Residential-7 (UR-7) Zone; ) CONCLUSIONS OF LAW, Applicant: Robert Rooks and B. Todd Rooks ) AND DECISION File No. PE-1921-03/PUDE-5-03 ) This matter coming on for public hearing on November 20, 2003, the Hearing Examiner, after review of the subject applications 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 subject applications seek approval of the preliminary plat of Flora Springs, to subdivide approximately 9.54 acres of land into 54 lots for single-family dwellings, and 7 common open space tracts; and an associated Planned Unit Development(PUD) Overlay zone; in the Urban Residential-7 (UR-7) zone. 2. The site is located along the north side of Mission Avenue, approximately 960 feet west of Long Road and 950 feet east of Flora Road, in the SW 1/4 of Section 7, Township 25 North, Range 45 EWM, Spokane County, Washington. The preliminary plat map of record incorrectly describes the site as being in the"SE" 1/4 of Section 7. 3. The site is currently referenced as County Assessor's tax parcel no. 55073.1548. 4. The applicant for the proposal and the site owner is Robert Rooks and B. Todd Rooks, 721 N. Pines Road, Spokane, WA 99206. 5. On March 27, 2003,the applicant submitted complete applications for a preliminary plat and PUD Overlay zone to Spokane County in File No. PE-1921-03/PUDE-5-03. 6. On March 31, 2003, the subject property and surrounding land were officially incorporated into the City of Spokane Valley. The subject applications and associated file were thereafter transferred to the City of Spokane Valley for processing. 7. On August 22,2003,the applicant submitted a revised preliminary plat map/PUD site development plan for the proposal. On October 31, 2003,the applicant submitted a further revised map/plan, consisting of three(3)plan sheets and a landscaping plan sheet,which comprise the preliminary plat map/PUD site development plan of record. 8. On November 5, 2003, the Spokane Valley Depaitriient of Community Development issued 4J a Mitigated Determination of Nonsignificance(MDNS) for the proposal. HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 1 0 9. On November 20, 2003, the Hearing Examiner held a public hearing on the proposal. The Examiner conducted a site visit on November 18,2003. 10. The following persons testified at the public hearing: Kevin Snyder, Community Development Don Ramsey and Sandra Raskell City of Spokane Valley Traffic Engineering 11707 E Sprague Ave City of Spokane Valley Spokane Valley, WA 99206-6110 11707 E Sprague Ave Ste 106 Spokane Valley, WA 99206-6124 Roberta Kopp Margaret L. Arpin 17422 E Mission Ave Attorney at Law Spokane Valley, WA 99016-8511 1117 E. 35th Avenue Spokane, WA 99203 Todd Rooks Richard J. Harmon 16107 E Jackson Rd 17610 E Mission Ave Greenacres, WA 99016-9760 Spokane Valley, WA 99016-8540 Jim Shelley Mary Pollard 1508 N Arc St 17216 E Baldwin Ave Spokane Valley, WA 99016-8530 Spokane Valley, WA 99016-9506 Donald Maynard 17612 E Mission Ave Spokane Valley, WA 99016-8540 11. The public hearing was held in accordance with City Ordinance No 57, as amended by Ordinance No. 3-081, and the Hearing Examiner Rules of Procedure adopted pursuant thereto. 12. At the public hearing,Roberta Kopp, the owner of a 2.5-acre parcel located directly south of the site across Mission Avenue, testified that she did not receive a mailed notice of hearing for the project. She requested additional time to comment on the proposal,but did not ask that the hearing be stricken or continued,but did. 13. Richard Harman, the owner of a .4-acre parcel located approximately 500 feet southeast of the site,testified that the owners of two households on the mailing list for the notice of hearing had advised him that they did not receive a copy of the notice of hearing. See letter dated November 19, 2003, and testimony of Richard Harman. 14. Kevin Snyder, a planner for the City Department of Community Development, testified that he timely mailed a notice of hearing to those owners of property located within 400 feet of the site HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 2 0 15. The Examiner left the record open after the public hearing until December 3, 2003, to allow any owners of property located within 400 feet of the site who claim they did not receive a notice of the hearing by mail to object to such lack of notice and/or comment on the merits of the proposal; and to allow the applicant and City staff to respond to any objection or comments received from such owners. 16. On November 24, 2003, Roberta Kopp submitted a letter regarding the merits of the project. No other written comments were received from neighboring property owners during the comment period allowed after the public hearing. 17. On December 2, 2003,Kevin Snyder submitted an affidavit of mailing verifying that notice of hearing was mailed on November 4, 2003 to those owners of property located within 400 feet of the site. 18. Roberta Kopp waived her objection to striking or continuing the hearing based on the alleged lack of mailed notice to her address. There is insufficient evidence to rebut the testimony and affidavit submitted by Kevin Snyder that mailed notice was timely and properly provided to those owners of property located within 400 feet of the site, as required by ordinance. 19. A notice of hearing was timely published for the proposal on November 3, 2003. The site was timely posted with a notice of hearing on November 5, 2003. The legal requirements for notice of hearing were met. 20. The Hearing Examiner takes notice of the City Interim Comprehensive Plan, City Interim Zoning Code, City Interim Subdivision Ordinance,2001 Spokane County Standards for Road and Sewer Construction(adopted by City), other applicable development regulations, and prior land use decisions in the vicinity. 21. 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 December 3, 2003, and the items taken notice of by the Hearing Examiner. 22. The site is approximately 9.54 acres in size and has rolling to flat topography, with a maximum slope of 5%. The site is improved with a single-family residence that fronts along Mission Avenue and is landscaped with evergreen trees, grasses and shrubs. The remainder of the site consists of an open, uncultivated field. 23. The preliminary plat map/PUD site development plan of record ("map/plan")illustrates division of the site into 54 lots for single-family dwellings, and 7 common open space tracts totaling approximately 1.4 acres. The single-family lots range from 5,000 square feet to 11,512 square feet in size,with most lots being approximately 5,000 square feet. The existing residence would be retained on the lot of 11,512 square feet. The common open space tracts,which do not include Tract"H", range from 1,411 square feet to 21,323 square feet in area. HE Findings,Conclusions and Decision PE-1921-03/PUDE-5-03 Page 3 24. The map/plan states that the common open space tracts will be owned by a homeowner's association; that Tracts F and G located at the northerly corners of the site will be used for stormwater storage and other"passive uses"; and that Tracts B and E are initially planned for passive recreational use,but that such use may be changed at the option of the homeowner's association. The map/plan illustrates required landscaping in the common open space tracts fronting along Mission Avenue, and indicate that the common open space will otherwise be planted in grass. 25. The internal roads in the project,which are encompassed by Tract"H", are proposed to be private roads with a 28-foot wide traveled way, standard curbs on both sides, and a 6-foot wide, lighted sidewalk on one side. The map/plan indicates that parking will not be allowed along the internal private roads. The private roads would be owned and maintained by a homeowner's association. 26. The conditions of approval recommended by City Public Works require the applicant to install frontage improvements along Mission Avenue, including the installation of curb and sidewalk. The map/plan indicate that all utilities will be installed underground. 27. The map/plan illustrate a typical front yard/flanking street yard setback of 25 feet from the traveled way and 20 feet from the curb, on the side of the internal private roads that would not have a sidewalk; and illustrate a front yard/flanking street yard setback of 25 feet from the curb, 20 feet from the sidewalk and 30 feet from the traveled way on the side of the internal private roads that would have a sidewalk. 28. The map/plan indicate a side yard setback of five(5) feet per story, and a rear yard setback of 15 feet. The map/plan illustrate a front yard/flanking street yard setback along Mission Avenue of 25 feet from the right of way. 29. The map/plan show typical architectural styles and floor plans for the future residences in the project, and state that floor plans will be custom designed for each lot. The project would be developed in two (2)phases, as illustrated on page 3 of the map/plan of record. 30. In 1991, the zoning of the land in the vicinity was reclassified 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. 31. In 1994, the County reclassified the zoning of the site and the other land in the vicinity lying north of Mission Avenue to the Suburban Residential-1 (SR-1) zone,pursuant to an area- wide rezone. The zoning of the land lying south of Mission Avenue remained UR-3.5. See decision in File No ZE-17-94. 32. Effective January 15, 2002, Spokane County implemented a new comprehensive plan, Urban Growth Area(UGA)boundaries and Phase I Development Regulations,pursuant to the GMA. Minor revisions were made to the County Phase I Development Regulations on May 7, 2002. See County Resolution Nos. 2-0037 and 2-0470. HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 4 33. The County Phase I Development Regulations designated the site and area in the UGA, reclassified the zoning of the site and the other land lying north of Mission Avenue in the area from the SR-1 zone to the UR-7 zone, and retained the UR-3.5 zoning of the land lying south of the site. 34. On March 31, 2003, the City of Spokane Valley adopted by reference the County Comprehensive Plan, Subdivision Ordinance, Zoning Code, Phase I Development Regulations, • Hearing Examiner Rules of Procedure, and other development regulations; with certain revisions. The City also adopted a hearing examiner ordinance. 35. The majority of the land surrounding the site consists of single-family homes on acreage parcels, including some large animal keeping. Several one-half(1/2) acre lots are found immediately north and northeast of the site, and several one-quarter(1/4) acre lots are located southwest and southeast of the subject property across Mission Avenue. 36. 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). Commercial uses are found approximately one mile's driving distance from the site, at the Interstate 90/Barker Road freeway interchange to the southeast; along Broadway Avenue, near Sullivan Road,to the southwest; and at the intersection of Appleway Avenue and Sprague Avenue to the southwest. 37. The Comprehensive Plan designates Mission Avenue in the area as an Urban Collector Arterial, and Flora Road and Broadway Avenue as Minor Arterials. Flora Road passes over I-90 to the southwest,but does not directly access the freeway at such location. 38. Central Pre-Mix Concrete Company expressed concern regarding the proximity of the project to the company's mining activities situated on 235 acres lying west of the site, across the Spokane River. Such land is zoned mining, and contains an existing and operational gravel mine, along with production facilities for concrete and asphalt. The company requested that the preliminary plat provide notice of mining operations within 1,000 feet of the site,pursuant to Chapter 14.514 of the City Zoning Code. 39. The land owned by Central Pre-Mix is located over 2,000 lineal feet west of the site See Staff Report, and maps in project file. Accordingly, a notice of mining activity is not required for the preliminary plat under Zoning Code Chapter 14.514. 40. Certain neighboring property owners objected to the proposal,based on such concerns as the inconsistency of the project with the more rural surroundings, small lots sizes, excessive density, traffic impacts along Mission Avenue and side streets, lack of public sewer, lack of access, traffic safety at the intersection of Mission Avenue and Flora Road,noise impacts, ' maintenance of common areas and private roads, impacts on schools,reduced development standards(frontage, lot size, setbacks), impacts on property values, unknown use of the common areas, the need for more neighborhood planning, the need for fencing adjacent to land where horses are kept, construction noise,dust impacts from construction,potential cumulative impacts from the development of similar housing in the area, and other concerns. HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 5 41. The Phase I Development Regulations limit the residential density(net) of new development on land reclassified to the UR-7 zone under such regulations to six (6) dwelling units per acre. The City Zoning Code defines "density" (net) as the number of dwelling units per acre of land in the development, including common open space,but excluding the area reserved for roads. See Zoning Code 14.300.100 and 14.704.305. 42. The map/plan of record does not state the overall density(net) of the preliminary plat/PUD. The map/plan states the density(net) of Phase I of the project as 6.13 dwelling unit per acre, and the density(net) of Phase II as 6.81 dwelling units per acre. 43. The density(net) of the subject preliminary plat/PUD is determined by dividing the number of dwelling units proposed(54)by the difference between the gross acreage of the site and the area of the project reserved for roads (8.35 acres). This equates to a density(net) of 6.46 dwelling units per acre. 44. The density(net) of the preliminary plat/PUD exceeds the maximum density(net) permitted in the UR-7 zone under the Phase I Development Regulations of six (6) dwelling units per acre. The density of the preliminary plat/PUD, and of Phases 1 and 2 of the preliminary plat/PUD, must be reduced to comply with such maximum density limitation 45. The percentage of common open space in the preliminary PUD, determined by dividing the amount of common open space(1.4 acres)by the total area of the PUD (9.54 acres), is approximately 14.7%. This exceeds the 10%minimum open space required by the PUD Overlay zone. The map/plan of record incorrectly erroneously subtracts out the area of the PUD Overlay zone encompassed by the internal private roads in determining the percentage of common open space in the PUD, and therefore overstates the percentage of open space in the PUD as a whole and in the two proposed phases. 46. The front yard/flanking street yard setbacks proposed along the internal private roads deviate from the minimum setback required in the UR-7 zone outside of a PUD Overlay zone, which is equivalent to 41 feet from the traveled way of the internal private roads. See Zoning Code 14.618.325. The PUD Overlay zone authorizes the Examiner to approve reduced building setbacks if adequate light and air can be assured for all structures. 47. The Staff Report submitted by the City Department of Community Development found the proposed front yard/flanking street yard setback to be appropriate for the proposal. The proposed front yard/flanking street yard setback measured from the traveled way exceeds the 18-foot distance needed to allow vehicles to be parked in the driveway of the proposed lots without encroaching into the traveled way. See Zoning Code Chapter 14.802, Figure 1. ik 48. Policies UL.3 and UL.3.3 of the Comprehensive Plan recommend flexibility in providing regulations and other incentives for planned unit residential developments, including greater flexibility in design standards such as setbacks, frontage,building height, lot area, street design, landscaping, etc. The reduced front yard/flanking street yard setbacks proposed implement such policies and are appropriate. HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 6 49. The Staff Report objected to the frontages provided for Lots 9-12 and 17-20, Block 1, and Lots 11 and 12,Block 3, of the proposal, as being less than the 50-foot minimum frontage required in the UR-7 zone. At the public hearing, the City Department of Community Development altered its opinion and indicated that the frontages can be measured at the setback line for lots. This is because such lots are located along curvilinear streets, and widen appreciably between the lot front line and lot rear line. Such interpretation is consistent with previous County practice under the same zoning code regarding such setbacks. The Examiner concurs with such interpretation. 50. The lot sizes in the proposal all exceed the minimum lot size of 4,200 square feet permitted in the UR-7 zone, through application of the PUD Overlay zone. 51. The PUD Overlay zone states that approval of a preliminary PUD is valid for only three(3) years, and that the Hearing Examiner may extend such time period for final PUD approval upon the written request of the applicant. The Examiner agrees with the applicant that such 3-year time period logically should have been increased to a 5-year period in 1995,when RCW 58.17.140 was amended to increase the initial time period for approving a preliminary plat from three (3) years to five(5) years. 52. The preliminary plat and PUD approval processes should work in tandem and expire at the same time. Accordingly, the applicant's request to provide a 5-year time frame for approval of the preliminary PUD should be approved. The Department of Community Development concurred with such interpretation at the public hearing 53. The applicant correctly pointed out that the City's Comprehensive Plan is only a guide, under Washington case law, in that the City adopted the County's comprehensive plan without making it the comprehensive plan that the City will eventually have to adopt under the requirements of the State Growth Management Act. 54. The applicant argued 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 16. However, since RCW 36.70B.040 only applies to a comprehensive plan and development regulations that were adopted under the Growth Management Act, such statute is in applicable to the proposal. 55. The traffic distribution analysis submitted by the applicant's traffic consulting engineer indicated that the proposal would not have a significant adverse impact on the transportation network impacted by the proposal;but offered to contribute a proportionate share of the expense of installing a traffic signal at the intersection of Barker Road and Mission Avenue, at such time as a signal was warranted at such location. 56. The City Traffic Engineer generally concurred with the traffic analysis submitted by the applicant, found that the proposal would increase the existing traffic volume along Mission Avenue by 23%in peak hour PM trips, and found that the proposal would increase the volume of traffic at the Barker Road/Mission Avenue intersection by 35 PM peak hour trips. The City HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 7 requested that the applicant contribute 2% for the cost of improvements at such intersection, as the proportionate share of the project's impact on such intersection. The City also requested frontage improvements along Mission Avenue. 57. There is no competent traffic engineering evidence in the record to support a conclusion that the proposal, as conditioned,will have any significant adverse impacts on levels of service for the transportation network serving the project, or on traffic safety. 58. The project will be provided with public sewer and water. The County plans to extend public sewer to the site in the near future, through a settlement agreement reached between the County and the applicant. The County Division of Utilities certified that the proposal meets the sewer concurrency requirements of the Phase I Development Regulations. Consolidated Water District No. 19 commented that public water could adequately be provided for the project. 59. The proposal meets the transportation, sewer and water concurrency requirements specified in the Phase I Development Regulations. 60. The Staff Report and City Traffic Engineer commented that the preliminary plat/PUD has a "closed street system"which does not provide for potential cross street connections to the north, west and east; and encouraged the Examiner and the applicant to consider the provision of "appropriate cross-street connections within the proposed plat. 61. The Staff Report and the City Engineer noted that the City has not yet adopted implementing standards in regard to providing fully connected streets, that a definitive test does not exist to measure the consistency of the current project with the Comprehensive Plan recommending an integrated public street system, and that City staff cannot require a cross street connection between the proposal and the surrounding area. No conclusion or recommendation was made on how to provide an integrated traffic pattern. 62. 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. The Plan recommends that street,pedestrian path and bike path standards be developed for PUDs and other land use projects that contribute to a system of fully connected routes. See Policies UL.2.22 and UL.3.2 (h). 63. Policy T.3e.1 of the Comprehensive Plan recommends that the 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 T.3e.8 recommends development of street, pedestrian path and bike path standards that contribute to a system of fully connected routes. HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 8 64. The 2001 Road Standards authorize the City Engineer to plan transportation systems in the City based on certain guidelines and standards set forth in the 2001 Road Standards. The standards authorize the use of private roads in new subdivisions, subject to certain requirements. This includes a requirement that private roads not obstruct public road circulation. 65. The guidelines set forth in the 2001 Road Standards include,without limitation, 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. 66. The PUD Overlay zone requires the installation of a minimum 6-foot wide,paved, lighted, pedestrian circulation facility(i.e. sidewalk or hard-surface pathway) in a PUD development that is functionally and safely convenient, and easily accessible to, each dwelling unit served; functionally and safely convenient to a schools located adjacent to a project, and functionally and safely convenient to a larger pedestrian circulation system outside the PUD. Such pedestrian facilities are to be located and designed in accordance with the approval of the City Engineer. 67. Spokane County Fire District#1 requested the provision of four(4)new fire hydrants to serve the proposal, and indicated that the roads drawn on the map/plan were adequate for fire access. 68. The above analysis indicates that City Engineering staff may require the connectivity of cross streets and the provision of public roads under existing City regulations in the appropriate case, and a broad standard does exists with regard to such issue. The 2001 Road Standards prohibit private roads from"obstructing public road circulation", and authorize the City Engineer to consider the need for adequate vehicular and pedestrian access for all parcels in reviewing proposed street systems. The PUD Overlay zone also authorizes City staff to consider access to the road and pedestrian network outside a proposed PUD in approving pedestrian circulation facilities for the PUD. 69. The applicant contended that the current pattern of parcels and the location of single-family residences to the north, south and west preclude future connection of a public road through the site and such neighboring properties to existing public roads. The City and other parties of record did not rebut such contention. It is conceivable to the Examiner that as the parcels around the site are divided and/or aggregated, and developed under the UR-7 zone, a cross-connection may be feasible in the future. However, there currently is insufficient evidence in the record for the Examiner to require the applicant to provide for any specific connections. 70. The applicant objected to the conditions of approval in the Staff Report requesting provision of a 10-foot wide easement between Lots 6 and 7, and between Lots 2 and 3, of Block 2, and the provision of a 6-foot wide paved pathway within such easements, connecting to Tract «B» HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 9 • 71. Additional access is needed to Tract"B" from the other lots in the project,besides access along Mission Avenue, to make such common open space tract easily accessible, and functionally and safely convenient, to each dwelling unit in the proposal. Lot owners should not all have to access Tract"B"via a busy arterial. 72. An additional pedestrian access is not needed west of Tract"B",because such tract extends to Arc Lane in the project at a point lying just north of Mission Avenue within the project. An additional pedestrian access is needed within the project to the east or north, and should be required. The project must already be redesigned to reduce its density to six (6) dwelling units per acre, and the provision of such access within the project is quite feasible. The Department of Community Development concurred at the public hearing that only one(1) additional pedestrian access was needed to Tract"B". 73. The applicant objected to the condition of approval recommended by the Department of Community Development requiring that the applicant develop active recreational uses on one or more of the common open space tracts, in addition to passive recreational uses; contending that the future homeowners in the development should decide what type of active recreational uses are desirable, if any, including consideration of potential liability and insurance issues associated with such uses. 74. Zoning Code 14.704.390 requires that recreational areas,both active and passive,be generally dispersed throughout a PUD development and be easily accessible from all dwelling units. Passive recreational pursuits may include walking, sitting and unstructured play; while active recreational areas may include playground,picnic or public gathering areas. The Department of Community Development requested that prior to final PUD approval the applicant identify a range of active and passive uses to be developed for the future residents in the project, to be incorporated into the final PUD site plan. This is an appropriate request. 75. The applicant requested clarification of condition#4 of the MDNS and City Public Works Department condition of approval#17,regarding when funding must be accumulated to fund the routine maintenance and replacement of the private roads and stormwater systems in the project at the end of their service life. Such condition should be clarified to allow such funds to be accumulated over the life of the facilities, as a sinking fund, and not at the inception of the development. 76. A neighboring property owner(Mary Pollard)requested that the hours of construction be limited to the hours between 8:00 a.m. and 6:00 p.m., instead of the hours between 7:00 a.m. and 9:00 p.m., Monday through Friday, stated in the MDNS. Considering that the MDNS limits the time of construction on Saturday to the hours between 8:00 a.m. and 5:00 p.m. on Saturday, and f' to no construction on Sunday; that WAC 173-60-050 exempts sounds originating from temporary construction sites in residential areas between 7:00 a.m. and 10:00 p.m.; that most persons are awake by 7:00 a.m. in the morning; and that the construction is temporary, the hours of construction stated in the MDNS are reasonable. HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 10 0 77. The UR-7 zone implements the Low Density Residential category of the Comprehensive Plan,which applies to the site The Comprehensive Plan recommends a density range of 1-6 dwelling units per acre in the Low Density Residential category and that the City achieve a residential density of at least four(4) dwelling units per acre in new development in such category. The proposal, if limited to a density(net) of six (6) dwelling units per acre conditioned, would implement such policies. The project will be provided with urban services, including public sewer,which services command higher densities for a residential project in order to be financially feasible. 78. The site is located along a Collector Arterial, an appropriate means of access for a medium large residential development. The site preserves the existing residence on the site,which is an established feature in the neighborhood. See Policy UL.2.12 of Comprehensive Plan. The proposal will help create an urban area with a variety and mix of housing types and prices in residential areas, as recommended by Policy UL.8.1 and Goal UL.8 of the Comprehensive Plan for the Low Density Residential category. 79. There is no competent evidence of an appraisal nature to support a finding that the project would have any adverse impact on property values in the area. Surrounding properties to the north, east and west are also zoned UR-7 and can be developed and divided under such zoning. 80. The Phase I Development Regulations do not require direct concurrency for schools,parks, police or fire protection. The City's Capital Facilities Plan shows declining growth expected in the district between 2000 and 2006, and expected surpluses in capacity in the district's middle schools and elementary schools in 2006. Two new high schools have been constructed in the district since adoption of the Capital Facilities Plan. The record indicates that the District is looking for a site for a new elementary school in the area lying northeast of the site. 81. Central Valley School District commented that the local middle school was currently at capacity, the local elementary school could be at capacity before build-out of the proposal is completed, and that the nearest high school is expected to have sufficient capacity for grades 9- 12 for the students in the project. The District also indicated that some students in the project at the elementary school level, and most of the middle school students, would likely need to be bussed to other schools in the district. The record indicates that there is adequate school capacity in the district to serve the project at the time of buildout, although some children may need to be bussed within the district. 82. The City Department of Public Works conditions of approval require the applicant to implement an approved temporary erosion and sedimentations control plan during construction. A condition of approval should be added requiring compliance with all applicable air pollution control regulations as administered by the Spokane County Air Pollution Control Authority. 83. The applicant agreed to install fencing along the north boundary of Lots 12-17,Block 1 of the preliminary plat/PUD, to buffer large animal keeping on adjacent parcels to the north from the residences constructed on such lots. This provides adequate mitigation for such concern. ot HE Findings,Conclusions and Decision PE-1921-03/PUDE-5-03 Page 11 0 84. The Examiner has added conditions of approval or revised recommended conditions of approval to ensure compliance with the approval criteria for the preliminary plat and PUD, as discussed above. The Examiner has deleted conditions of approval that simply reiterate the requirements of the Interim Subdivision Ordinance,UR-7 zone and PUD Overlay zone, and consolidated redundant conditions. 85. The preliminary PUD site plan submitted for the project, as conditioned, complies with the requirements of Zoning Code 14.704.140 of the Zoning Code,the design criteria set forth in Zoning Code 14.704.390, and the other requirements of the PUD Overlay zone. 86. 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. The MDNS issued for the proposal is adequate for the project. 87. Changed conditions have occurred in the area since the site was zoned SR-1 in 1994 to support approval of the PUD Overlay zone. This includes the extension of public sewer to the area, adoption of the 2002 Comprehensive Plan and the Phase I Development Regulations, designation of the site in the UGA and Low Density Residential category of the Comprehensive Plan, reclassification of the zoning of the site to the UR-7 zone, and incorporation of the City of Spokane Valley. 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 Interim 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 Interim Subdivision Ordinance. 3. The preliminary plat, as conditioned,meets the general design and other requirements listed in Chapter 12.400 of the City Interim Subdivision Ordinance for a proposed subdivision. 4. The proposed preliminary plat and PUD Overlay zone, as conditioned, conform to the City Interim Comprehensive Plan, and bear a substantial relationship to the public health, safety and welfare. 5. A change in economic,technological, or land use conditions has occurred to warrant approval of the proposed PUD Overlay zone. A substantial change of circumstances has occurred in the area since the site was last zoned. HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 12 6. The proposed PUD Overlay zone, as conditioned,meets the criteria established by Washington case law for approving a rezone. 7. The procedural requirements of the State Environmental Policy Act and the City's Local Environmental Ordinance have been met. 8. The proposal, as conditioned, complies with the UR-7 zone, the PUD Overlay zone, the City Interim Zoning Code, the City Interim Subdivision Ordinance and other applicable development regulations. 9. 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. 10. Approval of the subject applications is appropriate under the City Zoning Code and City Ordinance No. 57, as amended. III. DECISION Based on the Findings of Fact and Conclusions of Law above, the subject applications for a preliminary plat and PUD Overlay zone are hereby approved, subject to the conditions of the various agencies specified below. Any conditions of approval of public agencies that have been added or significantly altered by the Examiner are italicized. 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. SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT: 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which term shall include the owners and developers of the property, and their heirs, assigns and successors. 2. The final plat and final Planned Unit Development(P.U.D) site development plan shall be designed substantially in conformance to the preliminary plat map/P.U.D. site development plan of record submitted on October 31, 2003, subject to compliance with conditions of approval and development regulations. HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 13 0 3. Pursuant to Section 12.100.120 (Modifications), any request for a modification to the preliminary plat shall be submitted to the Department of Community Development for review and approval. 4. The applicant shall submit a final plat and final P.U.D. site development plan for review and approval by the Department of Community Development. The Department Director shall determine whether the approval of the final P.U.D. is administrative or through a public hearing. 5. The final plat and final P.U.D. shall comply with all applicable requirements of the City Interim Subdivision Ordinance, City Interim Zoning Code and other development regulations. 6. The final plat/P.U.D. shall not exceed a density(net) of six(6) dwelling units per acre. Note: The preliminary plat map of record and phasing plan does not comply with such requirement. 7. The frontage requirement for curvilinear lots in the final plat/P.U.D..may be measured at the front yard setback line. 8. The front yard setbacks illustrated on the preliminary plat/P.U.D. site development plan of record are approved for the final plat/P.U.D. All other setbacks shall comply with the Urban Residential-7(UR-7)zone. 9. The final plat/P.U.D. site development plan shall provide a 10 foot wide perpetual easement and 6-foot wide hard pedestrian path between Tract `B"and either Corbin Lane or Augusta Lane in the preliminary plat/P.U.D., or functional equivalent(considering redesign of the proposal to comply with density requirements) as determined by the Department Director. 10. The applicant shall install fencing along the north boundary of Lots 12-17, Block 1 of the preliminary plat/P.U.D., to buffer large animal keeping on adjacent parcels from the residences constructed on such lots. 11. Prior to final plat/PUD approval, the applicant shall provide a range of active and passive recreational uses that can be incorporated into the design of the final PUD site development plan and developed on one or more of the common open space tracts in the proposal,for review and approval by the Department Director. Pursuant to Section 14.704.385, all common open space shall be preserved for the purpose(s)shown on the final PUD site development plan. 12. Pursuant to Section 14.704.385 of the Interim Zoning Code, all common open space, as well as public and recreational facilities, shall be specifically included in the phasing schedule and be constructed and fully improved by the applicant at an equivalent or greater rate than the construction of structures. 13. Prior to final plat/PUD approval, the applicant shall submit written evidence of the formation of a Homeowner's Association (HOA) to perpetually operate and maintain the on-site private street network and associated facilities, including but not limited to stormwater drainage HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 14 0 facilities. The HOA shall make adequate provision for the funding of the routine maintenance and the replacement of the various street and stormwater systems at the end of the service life of the respective components, and any other improvements that may be legally required in the future. Such funding may be done through a sinking fund, or similar funding mechanism. 14. Pursuant to Section 14.704.375 of the Interim Zoning Code and Section 12.400.132 of the Interim Subdivision Ordinance, all utilities within the final plat shall be underground. Any request for a waiver of such requirement shall be submitted in writing to the Department Director and provide a detailed explanation of the conditions,physical or otherwise,that make underground installation impractical. 15. The final plat dedication shall state: "All lots within this plat shall comply with the building setback requirements, maximum building height, maximum building coverage and other development standards of the UR-7 zone or successor zone at the time of building permit application, except for the modifications authorized by the approved final P.U.D. site development plan." 16. The final P.U.D. site development plan shall include approved road plans, drainage systems, and assurance of building and fire code compliance, and those requirements contained in Section 14.704.140. The preliminary P.U.D. approval shall expire if not finalized prior to the expiration of the preliminary plat. Construction shall not commence until final P.U.D. approval. 17. Pursuant to Section 14.704.180 of the Interim Zoning Code, the Department may authorize the preliminary plat to be developed in phases pursuant to the submitted phasing schedule. 18. All construction and improvements not completed within five (5) years of approval of the phased P.U.D. are subject to compliance with updated City standards through a time extension action. Any P.U.D. where construction has not commenced prior to expiration of the final P.U.D. approval shall become void. 19. Pursuant to Section 14.704.385 of the Interim Zoning Code, the fmal plat/P.U.D. site development plan shall provide for a minimum of two hundred (200) square feet of private open space per residential unit. 20. Pursuant to Section 14.704.385 of the Interim Zoning Code, the applicant shall specify in writing to the Department the proposed method for administering the common open space consisting of either 1) the establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space; or 2) the retention of ownership, control and maintenance of all common open space by the applicant. 21. Pursuant to Section 14.704.385 of the Interim Zoning Code, all privately owned common open space shall continue to conform to its intended use and remain as expressed in the final P.U.D. site development plan by the inclusion in all deeds of appropriate restrictions to ensure >o that the common open space is permanently preserved according to such plan. Such deed HE Findings, Conclusions and Decision PE-1921-03/PURE-5-03 Page 15 0 restrictions shall be recorded and shall run with the land and for the benefit of present as well as future property owners in the P.U.D., and shall contain a prohibition against future divisions or segregations without further City approvals. Copies of the recorded deed restrictions shall be submitted to the Department prior to final planned unit development approval. 22. The final P.U.D. site development plan shall state a total maximum building coverage, exclusive of right of way dedication, of no more than 60%, inclusive of all primary and accessory structures. 23. Prior to the issuance of building permits, the applicant shall submit evidence of a recorded Title Notice for each parcel of land within the final plat, specifying that the City of Spokane Valley is not responsible for any road maintenance of private roadways within the plat. 24. All future development within the final plat shall comply with the standards specified in Section 14.618.305 through Section 14.618.365 of the Interim Zoning Code, except as otherwise authorized through the application of the P.U.D. Overlay zone to the subject property. 25. Pursuant to Section 12.400.132 (Utilities) of the Interim Subdivision Ordinance, the final plat shall specify easements inclusive of location and width for electric, water, sewer, gas and similar utilities. 26. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Interim Subdivision Ordinance, the final plat shall be prepared 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 58.09), Survey and Land Descriptions (WAC-332-130), and the City Interim Standards for Road and Sewer Construction, as amended. 27. The final plat 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 Interim Subdivision Ordinance. 28. Pursuant to Section 12.400.144 (Filing) of the Interim Subdivision Ordinance, the Department shall record the fmal plat with the Spokane County Auditor's Office upon receipt of all required signatures on the face of the plat. Prior to such recording, the applicant shall submit all required recording fees, including appropriate fees to pay for the cost of three (3) copies of the recorded final plat for distribution to the City of Spokane Valley Planning, Engineering and Building Divisions. 29. Pursuant to Section 12.400.138 (Monumentation) of the Interim Subdivision Ordinance, monumentation shall be established as required by the City Interim Standards for Road and Sewer Construction, as amended. Every lot corner shall be marked with an iron rod or iron pipe HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 16 marked in a permanent manner, with the registration number of the professional land surveyor in charge of the survey, and each lot corner shall be marked with a wooden stake. 30. The applicant, including all building contractors, shall comply with the following hours of on-site construction to reduce noise impacts to surrounding properties, 1) between 7:00 a.m._and 9:00 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. 31. 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 the Department within a maximum period of twenty-four (24) hours from the time of said discovery. 32. During on-site construction, the applicant, including all building contractors, shall comply with all applicable air pollution control requirements of the Spokane County Air Pollution Control Authority pertaining to construction methods and construction vehicles. 33. Pursuant to Section 12.100.116 of the Interim Subdivision Ordinance, the Preliminary Plat and P.U.D. Overlay zone shall automatically expire, and shall become null and void, five(5) years from the date of this decision, on December 8, 2008; unless a time extension application and supporting data are submitted to the Department at least thirty(30) days prior to said expiration date, and such application is approved by the City. 34. The Division of Current Planning shall prepare and record a Title Notice with the Spokane County Auditor, noting that the property in question is subject to a variety of special conditions imposed as a result of approval of a land use action. The Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released, in full or in part, by the Department of Community Development. The Title Notice shall generally provide as follows: "The parcel of property legally described as the East %2 of Tract 35 and the West '/2 of Tract 36 of Plat "A" Greenacres Irrigation District, per plat recorded in Volume "E" of Plats, Page 21, records of Spokane County Auditor, in Spokane County, Washington, is the subject of a land use action by the City of Spokane Valley Hearing Examiner on December 8, 2003, approving a preliminary plat and Planned Unit Development Overlay zone, and imposing various development conditions. File No PE-1921-03/PUDE-5-03, relating to such approval, is available for inspection and copying in the City of Spokane Valley Department of Community Development." F) . HE Findings,Conclusions and Decision PE-1921-03/PUDE-5-03 Page 17 SPOKANE VALLEY PUBLIC WORKS DEPARTMENT: Prior to or during construction, or final plat approval, as applicable: 35. Roadway and drainage improvements shall be installed along the frontage of the final plat with Mission Avenue. A Professional Engineer licensed in the State of Washington shall, prior to construction authorization by the City Engineer, submit final roadway and drainage plans and a drainage report, including calculations that conform to the City's Interim Standards for Road and Sewer Construction and the City's Interim Guidelines for Stormwater Management, and all other federal, state and local requirements. 36. Permits shall be required for any access to or work within the right-of-way of the City of Spokane Valley roadway system. All new permits shall conform to the City Interim Road and Sewer Standards for new driveway access approaches. All work shall be subject to inspection and approval by the City Engineer or designee. 37. The applicant shall submit engineering plans pertaining to stormwater drainage that specify the location, numeric or alphabetical reference, size (in square feet) and any other intended uses of easements or tracts for drainage purposes. 38. Parking is required for each unit to accommodate residents. Each parking area shall be designed so that residents do not back out onto public roadways. The driveways shall be designed to account for stormwater runoff treatment. Treatment shall be allowed to flow onto the yard area,provided the grade keeps potential runoff from the public right-of-way. 39. A Temporary Erosion and Sedimentations Control (TESC) plan, prepared by a Washington State licensed Professional Engineer, shall be submitted for review and approval to the City of Spokane Valley Public Works Department prior to any construction. The TESC plan shall be prepared using best management practices (BMP's) currently accepted within the Civil Engineering profession. The TESC plan shall follow Spokane Valley regulations, as set forth in the 2001 Edition of the Spokane County Standards for Road and Sewer Construction, the 1998 Spokane County Guidelines for Stormwater Management Spokane County, and other applicable federal, state and local regulations. 40. Prior to construction plan acceptance by the City Engineer, the applicant 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. 41. The Temporary Erosion and Sedimentations Control (TESC) plan shall be implemented throughout the duration of any construction. The TESC structures, such as silt ponds or silt traps, shall be installed prior to the start of site work, and the TESC measures shall be HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 18 0 implemented and maintained throughout the duration of construction and until the site has stabilized and is approved by the City of Spokane Valley. Each BMP shall be inspected after each rainfall event or every 24 hours during an event. 42. The applicant is advised that there may be existing utilities either underground or overhead affecting the applicant's property, including property to be dedicated or set aside for future acquisition. Spokane Valley will assume no financial obligation for adjustments or relocation regarding these utilities. The applicant shall contact all applicable utility companies regarding the responsibility for adjustment or relocation costs and to make arrangements for any necessary work. 43. 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. No construction work is to be performed within the existing or proposed public right-of-way until the City Engineer has issued a permit. 44. The applicant shall submit an Illumination plan for the on-site streets and public streets, for review and approval by the City Engineer. 45. The applicant shall specify all existing and proposed informational and directional signage ', on the submitted roadway or drainage engineering plans. 46. Prior to final plat/P.U.D. approval, the applicant or successors in interest shall pay to the City of Spokane Valley its proportionate share of the costs of the improvements at the Barker Road/Mission Avenue intersection, or shall enter into an agreement identified and approved by the City's Public Works Director agreeing to contribute an identified proportionate share to the BarkerRoad/Mission Avenue improvement costs. 47. Prior to final plat/PUD approval, the applicant shall submit written evidence of the formation of a Homeowner's Association (HOA) to perpetually operate and maintain the on- site private street network and associated facilities, including but not limited to stormwater drainage facilities. The HOA shall make adequate provision for the funding of the routine maintenance and the replacement of the various street and stormwater systems at the end of the service life of the respective components, and any other improvements that may be legally required in the future. Such funding may be done through a sinking fund, or similar funding mechanism. 48. The final plat dedication shall state: "The City of Spokane Valley is not responsible for any road maintenance of private roadways within the plat. All road maintenance is the perpetual responsibility of a Homeowner's Association, if formed, or individual property owners within the plat." HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 19 49. The applicant shall submit a written agreement specifying that recorded Title Notices shall be prepared and submitted to the City of Spokane Valley for each lot at time of building permit application. The title Notices shall specify that the City of Spokane Valley is not responsible for any road maintenance of private roadways within the plat. 50. The final plat shall specify the labeling, location, numbering or alphabetical reference, size (in square feet) and any other intended uses of all tracts or easements intended for drainage purposes. 51. The final plat dedication shall state: "Drainage easements, as platted and shown on this plat, which are for the purpose of conveying and storing stormwater runoff, and for installing, operating and maintaining drainage ponds and drainage facilities that dispose of and treat stormwater runoff, are hereby granted to the City of the Spokane Valley. The drainage easements are located on [Note: location to be determined at the time of engineering review] The City of Spokane Valley and its authorized agents are hereby granted the right to ingress and egress to, over and from all public drainage easements for the purposes of inspection and emergency maintenance of drainage swales,ponds, ditches, culverts and other drainage facilities, if not properly maintained by the lot owners. The City does not accept the responsibility to inspect or maintain drainage facilities located outside of public rights-of-way, except in cases where the City specifically assumes that responsibility in writing. The City also does not accept any liability for any failure by the property owners to properly maintain such areas. The property owners within this plat shall be held responsible for keeping open and maintaining the surface path of natural or man-made drainage flow over and across their respective properties. If the property owners fail to maintain the surface path of natural or man-made drainage flow, or drainage facilities on private properties, a notice of such failure may be given to the property owners. If not corrected within the period indicated on said notice, the City has the right to correct the maintenance failure, or have it corrected, at the expense of the property owners. No structures, including fences, shall be constructed directly over or within a natural drainage channel or drainage ditch without the expressed written consent of the City Engineer. The City of Spokane Valley does not accept the responsibility of maintaining the drainage course on private lots nor the responsibility for any damage whatsoever, including, but not limited to, inverse condemnation to any properties due to deficient construction and/or maintenance of drainage courses in drainage easements on private property. HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 20 The lot owners within this plat shall maintain all natural drainage channels, drainage ditches, and all water quality treatment swales situated on their respective properties, and any portion of swale situated in a public right-of-way adjacent to their respective properties. Maintenance of drainage facilities includes, but is not limited to, keeping open and cleaning storm pipes, ditches, drainage ponds, swales, etc., replacement of drainage facilities as needed, and maintaining live native-type dry land grasses or lawn turf in the swales. The lot owners are responsible for removing, disposing, and replacing the soil and grass sod located in drainage facilities situated within private lots at such time the City Engineer deems necessary. Maintenance of the lawn turf within the swales shall also include, but is not limited to mowing, irrigating, and keeping the area free of debris. The lot owners shall be responsible for payment of all claims and other liabilities that may become due for said maintenance responsibilities. The City of Spokane Valley does not accept the responsibility to inspect and/or maintain the drainage easements, nor does the City accept any liability for any failure by the lot owners to properly maintain such areas. If the lot owners fail to maintain the drainage facilities in conformance with the accepted drainage plan on file with the City Engineer, the City Engineer may give notice of such failure to the lot owners. If not corrected within the period indicated on said notice, the City has the right to correct the maintenance failure, or have it corrected, at the expense of the lot owners. The City of Spokane Valley is responsible for maintaining the stormwater facilities located within the public right of way as shown in the final plat documents. Maintenance shall include cleaning the structures,pipes, and drywells. Any building that is constructed on a lot in this plat shall be set at such an elevation so as to provide positive drainage away from any drainage entry point to the building (including but not limited to a window well, a window unprotected by a window well, or a doorway). Said positive drainage shall consist of a minimum slope of 3% away from the building for a distance of at least 10 feet from the building. The lots shall be graded so that either a) all runoff is routed away from the building, and conveyed over the lot to a natural drainage swale or approved drainage facility, or b) drainage intercepted on the lot is disposed of on the lot in an approved drainage facility. All drainage facilities for this plat, including any swales, shall be constructed in accordance with the approved plans on file with the City Engineer. The approval of the City Engineer is required before any changes are made to the approved road and drainage plans. There may exist properties located uphill and adjacent to this subdivision that periodically discharge stormwater runoff onto individual lots within this plat. Stormwater runoff from nearby uphill properties should be expected, and during snowmelt periods or wet seasons the lots may be subjected to higher amounts of HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 21 stormwater runoff than what is normally observed or anticipated. Because stormwater runoff from adjacent properties has discharged onto this plat prior to development, stormwater runoff will likely continue to do so after development. The developer and property owners waive any and all claims for damages against any governmental authority arising from the construction, ownership or maintenance of public facilities. This waiver includes claims of any nature, including but not limited to person and real property damages as well as any inverse condemnation claims." 52. The applicant is advised that there may be utilities either underground or overhead affecting. the applicant's property, including property to be dedicated or set aside for future acquisition. The City of Spokane Valley shall assume no financial obligation for adjustments or relocation regarding these utilities. The applicant shall be responsible for contacting all applicable utility companies regarding the responsibility for adjustment or relocation costs and to make arrangements for any necessary work. SPOKANE REGIONAL HEALTH DISTRICT: 53. The final plat shall be designed substantially as indicated on the preliminary plat of record and/or any attached sheets as noted. 54. Appropriate utility easements shall be indicated on copies of the preliminary plat of record, for distribution by the Current Planning Division of the City of Spokane Valley Department of Community Development to the utility companies,the City of Spokane Valley Engineer and the Spokane Regional Health District. Written approval of the easements by the utility companies must be received prior to the submittal of the final plat. 55. The sewage disposal method in the final plat shall be as authorized by the Director of Utilities, Spokane County. 56. Water service for the final plat shall be coordinated through the Director of Utilities, Spokane County. 57. The use of private wells and water systems in the final plat shall be prohibited. 58. Water service shall be by an existing public water supply when approved by the Regional Engineer(Spokane), State Department of Health. 59. Prior to filing the final plat, the applicant shall demonstrate to the satisfaction of the Health District that an adequate and potable water supply is available to each lot of the plat. HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 22 0 60. Prior to filing the final plat, the applicant shall present evidence to the Spokane Regional Health District that the plat lies within the recorded service area of the water system proposed to serve the plat. 61. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire protection use must be approved by the water purveyor, and by the fire protection district and the appropriate health authorities. Prior to the filing of the final plat, the health authorities, water supplier(purveyor), and the fire protection district shall certify on the face of said water plan that the plan is in conformance with their requirements and will adequately satisfy their respective needs. Said water plan and certification will be drafted on a transparency suitable for reproductions. 62. The water purveyor shall 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 shall include a provision holding the City of Spokane Valley Public Works Department, Spokane 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. 63. A public sewer system shall be made available for the project and individual service shall be provided to each lot prior to sale. The use of individual on-site sewage systems shall not be authorized. 64. The applicant shall submit to the Spokane Valley Community Development Depaitment written approval by applicable public and private utility companies of the easements indicated on the face of the final plat. 65. The fmal plat dedication shall state: "A public sewer system shall be made available for the plat and individual service shall be provided to each lot prior to sale. The use of individual on- site sewage disposal systems shall not be authorized." 66. The final plat dedication shall state: "The use of private wells and water systems is prohibited." 67. The final plat dedication shall state: "The public water system, pursuant to the Water Plan approved by Regional 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." HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 23 0 SPOKANE COUNTY DIVISION OF UTILITIES: 68. The final plat dedication shall state: "Public sewers shall be constructed to provide for the connection of each parcel to the County's system of sewerage. The uses on properties within the final plat shall be required to connect to the sewer and pay applicable charges per the County Sewer Ordinance. Sewer connection permits shall be required." 69. In accordance with the settlement agreement dated January 29, 2002 between the applicant (Rooks) and Spokane County, the applicant shall pay a lump sum of $50,000.00 to Spokane County at the time of final plat approval, or within six (6) months from the completion of the sewer project, whichever event comes first. 70. The final plat dedication shall state: "The perpetual easement granted to Spokane County, its successors and assigns is for the sole purpose of constructing, installing, operating, maintaining, repairing, altering, replacing, removing, and all other uses or purposes which are or may be related to a sewer system. Spokane County, and 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." 71. 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. 72. Sewer plans acceptable to the County shall be submitted prior to the approval of the Sewer Design Plans. 73. Security for the construction of the public sewer connection and facilities and for the prescribed warranty period shall be deposited with the Division of Utilities. Security shall be in a form acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary Sewer Ordinance. Such security shall be submitted to the Division prior to the approval of the Sewer Design Plans. 74. The applicant shall submit to the Division of Utilities the required application with the $100.00 planning action fee, a copy of the receipt therefore,and a copy of the completed Sewer Availability form. 75. 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 PE-1921-03/PUDE-5-03 Page 24 SPOKANE VALLEY FIRE PROTECTION DISTRICT 1: 76. The applicant shall install a total of four(4) fire hydrants, at the following locations: a) the east entrance of the plat and Mission Avenue; 2) the west entrance of the plat and Mission Avenue; 3) on the lot lines of Lots 11 and 12, Block 3; and 4) on the lot lines of Lots 14 and 15, Block 1. 77. The final plat shall specify internal road names consistent with established names as follows: a) west entrance of plat, "Arc" from Mission Avenue north; 2) east entrance of plat, "Corbin" from Mission north; 3) first east-west road north of Mission Avenue,"Augusta"; and 4) most north east-west road north of Mission Avenue, "Nora". DATED this 8th day of December,2003 CITY HEARING EXAMINER PRO TEM L re, - Michael C. Dempsey, WSBA#:j 5 • HE Findings, Conclusions and Decision PE-1921-03/PUDE-5-03 Page 25 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to City Ordinance No. 57, as amended by City Ordinance No. 03-081, the decision of the Hearing Examiner on a combined application for a preliminary plat and Planned Unit Development 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 December 8, 2003. THE APPEAL CLOSING DATE IS DECMEBER 22,2003. 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 PE-1921-03/PUDE-5-03 Page 26 0