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PE-1917-03_ZE-03-03 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Application for a Preliminary Plat, ) And Zone Reclassification from the ) FINDINGS OF FACT, UR-3.5 Zone to the UR-7 Zone; ) CONCLUSIONS OF LAW, Applicant: TJ Landco LLC ) AND DECISION File No. PE-1917-03/ZE-3-03 ) ) This matter coming on for public hearing on April 24, 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 seeks approval of a preliminary plat to subdivide 4.85 acres of land into seventeen(17) lots for single-family dwellings, and a zone reclassification from the Urban Residential-3.5 (UR-3.5)zone to the Urban Residential-7 (UR-7) zone. 2. The site is located north of and adjacent to Eighth Avenue, approximately 950 feet east of Barker Road, in the NW 1/4 of Section 20,Township 25 North, Range 45 EWM, Spokane County, Washington. 3. The site is currently referenced as County Assessor's tax parcel no. 55202.0236. 4. The applicant for the proposal is T J Landco LLC, do Tod Lasley, 12005 N. Fairwood Drive, Spokane, WA 99218. The site owner is Allan G. Thelen and/or Diana Thelen, 19003 E. 8th Avenue, Greenacres, WA 99016. 5. On February 5, 2003, the applicant submitted complete applications for a preliminary plat and zone reclassification in Spokane County Division of Planning File No. PE-1917-03/ZE-03-03. On February 28, 2003, the applicant submitted a revised preliminary plat map,which is the preliminary plat map of record. 6. On March 11, 2003, the County Division of Planning issued a Determination of Nonsignificance for the proposal. 7. On March 25, 3003, the City of Spokane Valley and Spokane County entered into an interlocal agreement authorizing the County Hearing Examiner to act as hearing examiner pro tem for the City of Spokane Valley. 8. On March 26, 2003, the Hearing Examiner, sitting as the County Hearing Examiner, commenced a public hearing on the subject applications. An adjoining property objected to the hearing based on notice of hearing not being sent to his mailing address by the applicant, as required by County resolution. The Examiner sustained such objection, and ordered that the public hearing be stricken. HE Findings,Conclusions and Decision PE-1917-03/ZE-3-03 Page 1 9. On March 31, 2003,the subject property and surrounding land were officially incorporated into the City of Spokane Valley. On the same date,the City adopted by reference, as City land use controls,the County's 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. 10. The City Division of Current Planning processed the subject applications on and after March 31, 2003. The Division retained the same file and file number for the subject applications as the County. Notice of hearing was provided by mail,publication and posting for a public hearing to be held before the City Hearing Examiner on April 24, 2003. 11. The Hearing Examiner, as hearing examiner pro tern for the City of Spokane Valley, conducted a site visit on April 22, 2003, and conducted a public hearing on the proposal on April 24, 2003. The requirements for notice of public hearing were met. 12. The Hearing Examiner heard the proposal pursuant to the City Ordinance No. 57 and the City Hearing Examiner Rules of Procedure. 13. The following persons testified at the public hearing held on April 24, 2003: John Todd,Division of Current Planning Frank Ide City of Spokane Valley Taylor Engineering 11707 East Sprague Avenue 106 W. Mission Avenue Spokane Valley, WA 99206 Spokane, WA 99201 Tod Lasley William McCormick TJ Landco LLC 18810 E. 4th Ave. 12005 N. Fairwood Drive PO Box 82 Spokane, WA 99218 Greenacres, WA 99016 Pat Michielli Peter Higgins 18921 E. 8th Avenue 20221 E. 8th Avenue Greenacres, WA 99016 Greenacres, WA 99016 Al Gray 415 N. Sullivan Suite C-260 Veradale, WA 99037 14. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code, City Zoning Map for the vicinity, City Subdivision Ordinance, 2001 City Standards for Road and Sewer Construction, City Guidelines for Stormwater Management, City Code, other applicable development regulations, and prior land use decisions in the vicinity. 15. The record includes the documents in File No. PE-1917-03/ZE-3-03 at the time of the public hearing held on April 24,2003, the documents and testimony submitted at the public hearing, and the items taken notice of by the Hearing Examiner. HE Findings, Conclusions and Decision PE-1917-03/ZE-3-03 Page 2 16. The subject property is approximately 4.85 acres of land in size,relatively flat in topography, and contains an existing single-family residence and accessory building in the north end of the site. The south half of the site is fenced and currently being used for the grazing of cattle. A driveway extended north along the west border of the site from Eighth Avenue provides access to the existing residence on the site. Some trees are found around the existing house on the site. 17. The preliminary plat map of record submitted on February 28,2003 illustrates the division of approximately 4.85 acres of land into 17 lots for single-family dwellings. The southerly 14 lots in the proposal would be served by a public road extended from Eighth Avenue,which would terminate in a cul-de-sac at the north end. A private driveway extended north from the cul-de-sac would serve the remaining three(3) lots. The residence on the site would be,retained and the existing accessory building removed for project development. 18. The gross density of the preliminary plat is 3.5 dwelling units per acre, and the average lot size is 11,172 square feet. The proposed lots range from 8,087 square feet to 22,457 square feet, with the largest lot containing the existing single-family residence, and the smallest lot being the only lot that does not exceed 10,000 square feet in area. 19. The preliminary plat map of record erroneously indicates the density(net)of the preliminary plat to be 4.2 dwelling units per acre. The density(net) of the preliminary plat is determined under the City Zoning Code by dividing the number of lots (17)by the difference between the gross acreage of the site (4.85 acres) and the area of the preliminary plat reserved for roads (.49 acres). See Section 14.300.100 of City Zoning Code, definition of"density". Based on this formula,the density(net) of the preliminary plat is only 3.9 dwelling units per acre. 20. Effective January 1, 1991, the zoning of the site was reclassified from the Agricultural zone of 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. 21. In 1997, the County adopted interim urban growth area(IUGA)boundaries, and associated interim development regulations,pursuant to the State Growth Management Act(GMA). The site and neighboring land, except to the south and southeast, were included in the IUGA. See County Resolution No. 97-0321. 22. In 1998, the County Zoning Code was amended to increase the maximum residential density in the UR-3.5 zone from 3.5 dwelling units per acre to 4.35 dwelling units per acre. See County Resolution No. 98-0482 23. 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. The County also repealed the IUGA and associated interim development regulations. See County Resolution Nos. 2-0037 and 2-0470. 24. The County Comprehensive Plan designated the site and neighboring land, except to the south and southeast, in the Low Density Residential category of the County Comprehensive Plan. The County's Phase I Development Regulations designated the site and such neighboring land in HE Findings, Conclusions.and Decision PE-1917-03/ZE-3-03 . Page:3 the UGA. Such regulations retained the UR-3.5 zoning of the site and such neighboring land; except for the land lying east of Hodges Road,north of Eighth Avenue,which land was reclassified from the Suburban Residential-1 (SR-1)zone to the Urban Residential-7 (UR-7) zone. 25. The County Comprehensive Plan designated the land lying south and southeast of the site in the Urban Reserve category. The County Phase I Development Regulations designated such land outside the UGA, and reclassified the zoning of such land from the UR-3.5 zone to the Urban Reserve (UR)zone. 26. The City Comprehensive Plan and City Phase I Development Regulations,respectively, retain the comprehensive plan designations and zone classifications imposed by the County Comprehensive Plan and Phase I Development Regulations. The site is located inside the Aquifer Sensitive Area(ASA) Overlay zone of the City Zoning Code. 27. The land lying to the north and west,the land lying southwest of the site and the land lying to the east and northeast,west of Hodges Road, are located inside the City of Spokane Valley. The remaining land to the south, southeast, east and northeast in the area is located in the unincorporated area of Spokane County. 28. The land located near the site, except to the southwest, generally consists of single-family homes, agricultural accessory uses and undeveloped land on acreage parcels ranging from 1-5 acres in size. Single-family homes and some accessory uses on smaller lots, down to .5 acres, are found further to the north and west, east of Barker Road,particularly the lots abutting Barker Road. Title company records in the project file indicate that the owner(s) of the current site also own a 5-acre parcel improved with a single-family residence located directly southeast of the site, across Eighth Avenue. 29. During the 1990s, 14 acres of land lying directly southwest of the site, across Eighth Avenue were finally platted into 35 lots for single-family dwellings in the UR-3.5 zone(i.e. Meadowview Ranch Estates and Meadowview Ranch Estates#2). The lots in the final plats,which have a gross density of 2.5 dwelling units per acre,range from 11,400 square feet to approximately.5 acres size. Several homes have been developed in such plats. 30. In 1995, the County entered into a sewer connection agreement with the owners of property located south, southwest and southeast of the site. The agreement provided for developer construction of public sewer facilities in Eighth Avenue and Long Road west of the site, the future connection of properties adjacent to and near such sewer facilities to public sewer, and the payment of latecomer fees from certain properties abutting such facilities. The agreement was amended in 2000, in certain particulars. See agreements approved under County Resolution Nos. 95-0874 and 0-0634 in project file. 31. In 1997, the County approved the preliminary plat of Turtle Creek(File No. PE-1753-94), in the UR-3.5 zone,to divide 39 acres located southwest of the site, at the southwest corner of the intersection of Barker Road and Eight Avenue, into 101 lots for single-family dwellings. The preliminary plat has been finalized, and a significant portion of the final plat has been improved with single-family homes. The final plat,which also reserves land in common open space for HE Findings,Conclusions and Decision PE-1917-03/ZE-3-03 Page 4 wetland purposes, has a gross density(net)of 2.6 dwelling units per acre. The lots in the final plat range from 10,000 to 14,375 square feet,with most lots being 10,000 to 11,000 square foot in size. 32. In 1999, the Hearing Examiner approved the preliminary plat of Turtle Creek South(File No. PE-1815-96), to divide 64.4 acres located directly south of the Turtle Creek final plat,west of Barker Road, into 158 lots for single-family homes, in the UR-3.5 zone. Portions of the preliminary plat have received fmal approval and been developed with single-family homes. The gross density of the preliminary plat is 2.45 dwelling units per acre. Approximately 23%of the plat area is in open space,which is to be reserved for wetlands, stormwater, a playground area and other purposes. 33. In 1999,the Hearing Examiner approved the preliminary plat of Meadowview Terrace(File No. PE-1779-95),to divide approximately 131 acres located directly south and southeast of Meadowview Ranch Estates, east of Barker Road, into 236 lots for single-family dwellings, in the UR-3.5 zone. The lot sizes in the preliminary plat range from 10,000 square feet to one(1) acre in size,with most lots being urban in size. The preliminary plat has a gross density of 1.8 dwelling units per acre. Approximately 23% of the preliminary plat is reserved in common open space, primarily to provide for wetlands and their associated buffers. The preliminary plat will expire on February 11, 2004 unless a time extension is obtained. The plat area is currently undeveloped or being used for agricultural purposes. 34. On August 11,2000,the Hearing Examiner approved the preliminary plat/PUD of Longview (File No. PE-1870-00/PUDE-2-00),to subdivide approximately 11.2 acres into 53 lots for single- family dwellings and common open space, in the UR-3.5 zone; along with a Planned Unit Development(PUD) Overlay zone. Such project,which is in the process of being finalized and developed, is located over a half mile northwest of the site,between Tschirley Road and Long Road, approximately 770 feet south of Sprague Avenue and approximately 500 feet northwest of Sixth Avenue. The gross density of the preliminary plat/PUD,which received bonus density under the PUD Overlay zone, is 4.7 dwelling units per acre. 35. On October 15, 2001, the Hearing Examiner approved the preliminary plat/PUD of Longview Place PUD (File No. PE-1888-01/PUDE-6-01),to subdivide 3.31 acres into 15 lots for single-family dwellings, in the UR-3.5 zone; along with a PUD Overlay zone. Such project,which is in the process of being finalized and developed, is located east of and adjacent to Long Road, between Sixth Avenue extended east and Eighth Avenue. The gross density of the preliminary plat/PUD,which received bonus density under the PUD Overlay zone, is 4.53 dwelling units per acre. 36. The Arterial Road Plan in the City Comprehensive Plan designates Barker Road, Sprague Avenue to the north and Henry Road to the east as Urban Minor Arterials. Such plan designates Eighth Avenue, adjacent to and east of the site, as an Urban Collector Arterial. Appleway Avenue to the north is designated as an Urban Principal Arterial. The other roads in the vicinity are Local Access roads, including Eighth Avenue west of the site. Barker Road has a freeway interchange with Interstate 90 approximately one(1)mile north of Eighth Avenue. HE Findings, Conclusions and Decision PE-1917-03/ZE-3-03 Page 5 37. Eighth Avenue, east of Barker Road, currently consists of a 2-lane road with no curbs or sidewalks. Sidewalk has been extended along the south side of Eighth Avenue,west of Barker Road, adjacent to the Turtle Creek development. A 6-foot wide, hard surface pathway has been installed along the west side of Long Road from Eighth Avenue to Fourth Avenue,where Greenacres Elementary School is located. A similar pathway has been installed for some distance along the west side of Barker Road, south of Eighth Avenue. These improvements were required in the approval of the Turtle Creek and Turtle Creek South developments. 38. The final platting of the Turtle Creek South and Meadowview Terrace preliminary plats, referenced above, is conditioned on the widening of Barker Road adjacent to such developments to a 3-lane arterial road section. Such projects are also required to participate in future improvements at the intersection of Sprague Avenue and Barker Road, and/or Sprague Avenue and Appleway Avenue. See Hearing Examiner final decisions in File Nos.PE-1815-96 and PE-1779-95. 39. Final approval of the Turtle Creek South and Meadowview Terrace preliminary plats is also conditioned on widening Barker Road to a paved width of 32 feet of asphalt from approximately Saltese Creek, south of Eighth Avenue, all the way north to Appleway Avenue; or in the alternative, construction of an 8-foot wide,hard surface separated pathway for non-motorized travel along such stretch of Barker Road. The improvement of Barker Road north to Appleway Avenue was imposed as a safety improvement, and not to increase the capacity of Barker Road, which was considered to have adequate capacity to support the developments in the area. 40. The owner(William McCormick) of a 1.5-acre parcel improved with a single-family residence and located 320 feet northwest of the site, fronting along Fourth Avenue, expressed opposition to the project. The owner(Pat Michielli,Jr.)of a 3.85-acre parcel improved with a single-family residence and barns, located west of and adjacent to the site, also expressed opposition to the proposal. The owner(Alan Gray) of a 13,231-square foot lot improved with a single-family residence, located one lot south of Eighth Avenue,in the Meadowview Estates#2 final plat, also opposed the project. Concerns regarding,but not in opposition to, the proposal were expressed by the owner(Peter Higgins) of a single-family residence located nearly a mile east of the site, at the northeast corner of Barker Road and Eighth Avenue. 41. The concerns expressed by the above owners of property included lack of changed circumstances to support the proposed rezone to the UR-7 zone, creation of lots that are too small and narrow for the neighborhood, excessive density,inadequate design of the proposal, failure of the project to provide for the future extension of the public road in the preliminary plat to Fourth Avenue, the establishment of a precedent for further substandard developments, failure to retain any open space in the preliminary plat for recreation or stormwater management, impacts on property values and crime due to low income development, conflicts with animal keeping on neighboring lots,traffic impacts to Barker Road and at the intersection of Appleway Avenue and Sprague Road, lack of sidewalk and curb along Eighth Avenue east of the site, lack of parks in the area, impacts on schools, inadequacy of private driveway to serve three(3) lots in the preliminary plat, and other concerns. HE Findings, Conclusions and Decision PE-1917-03/ZE-3-03 Page 6 42. Public water service from Consolidated Irrigation District No. 1 is available to serve the subject preliminary plat. The subject application meets the water concurrency requirements of the City's Phase I Development Regulations. 43. The site is located outside the 6-year sewer capital improvement program adopted in the City Capital Facilities Plan. However,public sewer is available to the subject preliminary plat by developer extension to the public sewer facilities constructed in Eighth Avenue and Long Road, which facilities lie 300 feet west of the site in Eighth Avenue. The subject application meets the sewer concurrency requirements of the City's Phase I Development Regulations 44. The site is located inside the Public Transit Benefit Area designated by the City Zoning Code. The nearest transit stop is located at the intersection of Appleway Avenue and Barker Road. 45. The City Phase I Development Regulations do not require direct concurrency for schools, parks,police or fire protection. 46. The site is located in Central Valley School District,which was contacted regarding the project but did not submit any comments The Capital Facilities Plan adopted by the City indicates that ample capacity exists in the district's elementary,junior high and high schools at the current time will continue to exist in the year 2006. Various capital facilities projects have been completed or are planned in the district, including the construction of new high schools and major renovations to Greenacres Middle School. 47. The County Capital Facilities Plan,which was adopted by reference by the City of Spokane Valley, indicated a significant deficit in the number of acres of community parks needed to serve the Southeast Valley Urban park subarea, in which the site is designated; either to maintain the current adopted level of service or the proposed level of service for parks under the plan. The Plan indicated that the County was planning various capacity park projects,which were anticipated to result in a surplus of park acres in 2006; although no specific park projects were identified for the Southeast Valley Urban park subarea. 48. County Parks and Recreation was contacted regarding the project,but did not respond. Considering the relatively small number of lots in the proposal, the previous lack of response from County Parks, and no requirement for direct concurrency for parks and recreation,there is not an adequate basis in the record to require the applicant to dedicate or reserve a portion of the preliminary plat for private or public recreation. 49. The 2001 Standards for Road and Sewer Construction adopted by the City authorize up to three(3) single-family residences to be served by private driveways. Such standards require curb, sidewalk and gutter to be installed on both sides of a public road within urban land use zones, except that sidewalk is not required on cul-de-sac roads less than 400 feet in length measured from the centerline of the intersecting street to the radius point of the cul-de-sac. 50. City Engineering conditions of approval require the applicant to dedicate right of way for and widen Eighth Avenue, and install curb and sidewalk, along the frontage of the site. Such conditions also require the applicant to dedicate right of way for and improve the internal public HE Findings,Conclusions.and Decision PE-1917-03/ZE-3-03 : Page 7 road to City standards. This may not include the installation of sidewalk, since the distance between the centerline of Eighth Avenue and the radius of the cul-de-sac for the proposed internal road in the preliminary plat is less than 400 feet. The proposed driveway in the preliminary plat complies with the 2001 City Road Standards. 51. The Comprehensive Plan recommends the installation of separated sidewalks in all new residential subdivisions. However, the City Road standards exempt cul-de-sac roads less than 400 feet in length from such requirement. Under Washington case law,where there is a conflict between a comprehensive plan and specific development regulations, the development regulations are controlling. 52. City Engineering conditions of approval indicate that the proposal meets direct concurrency requirements. Opponents of the proposal did not submit competent traffic engineering evidence to indicate that the proposal will cause a failing level of service along Eighth Avenue,Barker Road, area intersections or other transportation infrastructure impacted by the proposal. Traffic improvements to Barker Road and area intersections are required in the future, as a condition of approval for the large Turtle Creek South and Meadowview Terrace developments that were approved south and southwest of the site. 53. Policy T.4a.12 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;but indicates 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 that make connecting systems impractical. 54. Policy T.4a.13 encourages local access streets that are curvilinear, narrow or use other street designs consistent with safety requirements to discourage through traffic in neighborhoods where such design fits into the surrounding street systems and aids in implementing specific land use designs. 55. The 2001 City Standards for Road and Sewer Construction recommend that adequate vehicular and pedestrian access be provided to all parcels of land; and that Local Access streets be designed to minimize through traffic movements and excessive speeds, including the use of loop streets and cul-de-sacs connecting to a Collector Arterial. 56. The County Division of Engineering and Roads, during its review of the preliminary plat prior to incorporation of the City of Spokane Valley, found that it was unnecessary to extend the internal public road in the preliminary plat to the north boundary of the site, for potential future connection to Fourth Avenue through the adjacent property to the north. This was based on the close proximity of the site to Barker Road and Hodges Road,which provides adequate north/south access for area traffic. See testimony of Frank Ide. 57. The existing residence on the site, and an existing residence located directly north of the site, would make it impossible to extend the internal road in the subject preliminary plat in its current alignment to Fourth Avenue. No compelling traffic engineering was submitted to justify requiring HE Findings, Conclusions and Decision PE-1917-03/ZE-3-03 Page 8 the public road through the preliminary plat be relocated to provide for a future connection to Fourth Avenue. 58. The City Guidelines for Stormwater Management indicate that drainage facilities will generally need to be located within drainage swale easements and street right-of-way for residential developments. Detention or retention ponds within single-family residential neighborhoods are required to be located in separate tracts dedicated to an entity responsible for the maintenance of the ponds,usually a homeowner's association. 59. The soils on the site are considered adequate for the infiltration of stormwater. Biofiltration ("208"ponds) swales and drywells placed within border easements in the preliminary plat will be used to treat and dispose of stormwater generated by the road and the structures on individual lots. The drainage plan will not require the installation of drainage detention or retention ponds, or the creation of separate drainage tracts. 60. The preliminary plat will be served with public sewer and water, and modern utilities. The site lies in a developing urban area,where large urban subdivisions have been approved and developed or are in the process of being developed. The site is located along an Urban Collector Arterial, and has good access to the major arterial road systems. 61. The UR-7 zone requires a minimum frontage of 65 feet(40 feet in a PUD Overlay zone), and a minimum lot size of 6,000 square feet for a single-family dwelling(4,200 square feet in a PUD Overlay zone). The UR-3.5 zone requires a minimum frontage of 80 feet(50 feet in a PUD Overlay zone) and a minimum lot size of 10,000 square feet(6,000 square feet in a PUD Overlay zone). 62. The purpose of the rezone is to allow the applicant to take advantage of the smaller lot sizes (for one lot in the preliminary plat), and smaller frontages (for all but 2 lots) allowed in the UR-7 zone compared to the UR-3.5 zone. To make up for the smaller frontages,nearly all the lots in the preliminary plat have a greater depth than would 10,000 square foot lots in the UR-3.5 zone with 80-foot frontages. 63. The maximum residential density(net) in the UR-7 zone is generally seven(7) units per acre, while the maximum residential density(net) in the UR-3.5 zone is 4.35 dwelling units per acre. The density(net)of the proposal, at 3.9 dwelling units per acre, is significantly less than the maximum residential density permitted in the UR-3.5 zone, and less than the average residential density of four(4) dwelling units per acre recommended inside the UGA by the Comprehensive Plan. Nearby land uses are not developed at the residential densities recommended by the Comprehensive Plan. 64. The Phase I Development Regulations require that zone reclassifications be consistent with the implementing zones specified in such regulations for the Comprehensive Plan designations that apply to the subject property. The implementing zones for the Low Density Residential category, in which the site is designated, are the UR-3.5 and UR-7 zones. HE Findings, Conclusions and Decision PE-1917-03/ZE-3-03 Page 9 65. The Phase I Development Regulations appear to favor UR-7 zoning for single-family residential development in the UGA, as evidenced by the reclassification of the land designated in the Low Density Residential category located east of Hodges Road,north of Eighth Avenue, from the SR-1 zone to the UR-7 zone. The Phase I Development Regulations limit new residential density in such reclassified UR-7 zoning to six (6) dwelling units per acre. 66. Nonconforming animal keeping exists on the parcels zoned UR-3.5 located directly west and north of the site. Nonconforming uses are generally discouraged under Washington case law; although the City Zoning Code allows such uses to be treated like uses permitted outright in the applicable zone; provided such uses are terminated if they are abandoned or discontinued for a period of more than one(1)year. See City Ordinance No. 53. The preliminary plat is adequately buffered from such uses by the 6-foot high sight-obscuring screening that is required to be constructed along the perimeter of the site adjacent to UR-3.5 zoning. 67. The applicant testified that he would likely construct the required fence around the site of the same materials and desig, either a wood or vinyl fence on poles. The individual lot owners would thereafter maintain such fence. See testimony of Todd Lasley. The Examiner has imposed the fence construction as a condition of approval,to ensure its construction of uniform materials. 68. The maximum building height in the UR-3.5 and UR-7 zones is 35 feet. The environmental checklist submitted for the project indicates that homes built on the site would generally be middle income,not exceed two (2) stories or 30 feet in height, and will be constructed of standard materials. 69. No competent evidence was submitted to indicate that the proposal will have any significant adverse impacts on property values in the area. Lot sizes in the preliminary plat are comparable to the lot sizes in other developments recently approved in the vicinity. 70. The Staff Report sets forth applicable policies of the GMA Comprehensive Plan,in addition to the specific policies listed above, and analyzes the consistency of the proposal with such policies. The Examiner concurs with such analysis and hereby adopts and incorporates the same by reference as findings of fact herein. 71. 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. 72. No deficiencies with regard to the proposal's compliance with development regulations have been established in the record. 73. No public agencies objected to the proposal, as conditioned, or its environmental impact. The project will not have more than a moderate effect on the quality of the environment. HE Findings, Conclusions and Decision PE-1917-03/ZE-3-03 Page 10 74. As conditioned,the project will be reasonably compatible with neighboring land uses, and will not adversely impact the public health, safety and general welfare. 75. The proposal has been conditioned for compliance with the UR-7 zone, the County Zoning Code, the County Subdivision Ordinance, and other applicable development regulations. 76. Changed conditions have occurred since the zoning of the site was reclassified to the UR-3.5 zone in 1991. This includes the extension of public sewer to the area, adoption of the GMA Comprehensive Plan and the Phase I Development Regulations, the approval of several urban residential subdivisions in the area, incorporation of the City of Spokane Valley, and increased population growth in the area. Based on the above findings of fact,the Hearing Examiner enters the following: II. CONCLUSIONS OF LAW 1. The proposed preliminary plat and zone reclassification, as conditioned, generally conform to the GMA Comprehensive Plan. 2. The preliminary plat and dedication will serve the public use and interest; and make appropriate provision for the public health, safety and general welfare. 3. The preliminary plat and dedication make appropriate provision for open spaces,roads, drainage ways, schools and school grounds,playgrounds,parks and recreation, sidewalks for children who walk only to school,non-motorized transportation, sanitary wastes,potable water supplies, easements,utilities,planning features, and all other relevant facts as specified in RCW 58.17.110 and the City Subdivision Ordinance. 4. The proposed subdivision meets the general design requirements specified in Section 12.400.122 of the City Subdivision Ordinance, and other requirements for the approval of preliminary plats listed in chapter 12.400 of such ordinance. 5. The proposed rezone bears a substantial relationship, and will not be detrimental, to the public health, safety or welfare. 6. A change in economic,technological, or land use conditions has occurred to warrant the proposed rezone, and a substantial change of circumstances has occurred in the area since the site was last zoned. E.. 7. The procedural requirements of the State Environmental Policy Act and the City Environmental Ordinance have been met. The proposal, as conditioned,will not have a significant,probable adverse impact on the environment. 8. The proposal, as conditioned, complies with the UR-7 zone,the City Zoning Code, and other applicable development regulations. HE Findings, Conclusions and Decision PE-1917-03/ZE-3-03 Page 11 9. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City Zoning Code, and under City Ordinance No. 57. III. DECISION Based on the Findings of Fact and Conclusions of Law above, the subject applications for a preliminary plat and zone reclassification are hereby approved, subject to the conditions of the various agencies specified below. Any conditions of approval of public agencies that have been added or significantly altered by the Examiner are italicized. 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. CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT, DIVISION OF CURRENT PLANNING 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 preliminary subdivision and zone reclassification apply to the property described in the title notice below. 3. The proposal shall comply with the Urban Residential-7 (UR-7)zone, the Aquifer Sensitive Overlay zone and other applicable provisions of the City of Spokane Valley Zoning Code, as amended. 4. The final plat shall be designed substantially in conformance with the preliminary plat of record submitted on February 28, 2003. No increase in density or numbers of lots, or substantial modification of the preliminary plat or conditions of approval, shall occur without a change of condition application submittal and approval by the Hearing Examiner after a public hearing. 5. The City Division of Current Planning shall review any proposed final plat to ensure compliance with this decision and its conditions of approval. 6. A final plat name/number, approved by the Division of Current Planning, shall be indicated before the final plat is filed. 7. Appropriate road name(s) assigned by the City Division of Building shall be drafted on the face of the final plat. HE Findings, Conclusions and Decision PE-1917-03/ZE-3-03 Page 12 8. The final plat shall comply with all final plat standards of the City Subdivision Ordinance. 9. Appropriate utility easements shall be indicated on copies of the proposed final plat. The approval of utility easements by appropriate utility companies shall accompany the submittal of the final plat. 10. The fmal plat map shall indicate,by a clear, dashed line,the required yard setbacks from all private, or public roads. The dedication shall contain the following statement: "Front yard, side yard and rear yard setbacks are specifically drafted on this final plat. The setbacks indicated on this plat may be varied from if proper zoning approvals are obtained." 11. Four(4) current certificates of title shall be furnished to the Division of Current Planning prior to filing the final plat. 12. Prior to filing all or a portion of the final plat, the applicant's surveyor shall submit one or more maps outlined in red of the area being finalized. The scale shall match the appropriate Assessor's map scale. 13. At the time of final plat submittal,the applicant shall demonstrate either on the face of the final plat or on an acceptable attachment that all lots located on a cul-de-sac or curvilinear street meet or exceed the minimum required frontage. 14. A survey is required prior to the filing of the final plat. 15. The street address for each lot shall be indicated on the face of the final plat. The Division of Current Planning reserves the right to confirm the actual address at the time a building permit is issued. 16. The applicant shall install a 6-foot high, sight-obscuring fence along the perimeter of the site adjacent to Urban Residential-3.5(UR-3.5)zoning. Such fencing shall be of uniform construction and materials along its entire length. 17. The preliminary plat is given conditional approval for five(5)years, specifically to May 5, 2008. To request an extension of time for final plat approval,the applicant must submit a written application to the County Division of Current Planning at least thirty(30) days prior to May 5, 2008, in accordance with the County Subdivision Ordinance. Submission of a time extension application after the close of business hours on May 5,2008 will not be accepted, and the preliminary plat will become null and void at such time to the extent it has not received final plat approval. 18. The Division of Current Planning shall prepare and record a Title Notice with the Spokane County Auditor Notice, 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, HE Findings, Conclusions and Decision PE-1917-03/ZE-3-03 Page 13 in full or in part,by the Division of Current Planning. The Title Notice shall generally provide as follows: "The parcel of property legally described as"Lot 12,Block 22, Corbin Addition to Greenacres,per plat recorded in Book"S",Page 30 of Plats,records of Spokane County Auditor, is the subject of a land use action by the City of Spokane Valley Hearing Examiner on May 5, 2003, approving a preliminary plat and zone reclassification for the subject property, and imposing various special development conditions. File No. PE-1917-03/ZE-3-03, relating to such approval, is available for inspection and copying in the Department of Community Development, Division of Current Planning." CITY OF SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS, CITY ENGINEER Prior to release of a building permit or use of property as proposed: 1. Conditional approval of the plat by the City of Spokane Valley Engineer is given subject to dedication of right-of-way and approval of the road system as indicated in the preliminary plat of record. 2. A Professional Engineer, licensed in the State of Washington, shall submit final road and drainage plans, a drainage report and calculations that conform to the 2001 City of Spokane Valley Standards for Road and Sewer Construction,the 1998 edition of the City of Spokane Valley Guidelines for Stonnwater Management, and all other applicable standards. Any final road and drainage plans shall receive the City Engineer's acceptance prior to release of a construction or building permit or approval of the final plat. 3. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed engineer/surveyor,who shall furnish the City Engineer with "Record Drawings"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. 4. No construction work is to be performed within the existing or proposed public right-of-way, until the City Engineer issues a permit. All work is subject to inspection and approval by the City Engineer. 5. All construction within the existing or proposed public right-of-way shall be completed prior to filing the final plat, or a bond in the amount estimated by the City Engineer to cover the cost of construction of improvements, construction certification, "Record Drawings"plans and monumenting the street centerlines shall be filed with the City Engineer. 6. Road design, construction and drainage control for half(1/2)rights of way and stub road connections are the responsibility of the developer. 7 Approach permits are required for any access to the City road system. HE Findings, Conclusions and Decision PE-1917-03/ZE-3.03 Page 14 8. Dedication of 2.5 feet of additional right-of-way along Eighth Avenue is required. 9. Dedication of 36 feet of right-of-way along McMillan Road, a full cul-de-sac at the termination and the applicable radius on McMillan Road and Eighth Avenue is required. 10. A statement shall be placed in plat dedication that no direct access be allowed from Lots 7 and 11 to the easement proposed to serve Lots 8, 9 and 10 until such time as authorized by the City Engineer. 11. The City Engineer has designated a Local Access Roadway Section for the improvement of the proposed McMillan Road, which is to be constructed within the proposed development. This will require the installation of 28 feet of asphalt. The construction of curbing and sidewalk is also required. Note: The construction of sidewalks may not be required if the plat meets conditions set forth in Section 3.18 (1)(a) of the 2001 City Standards for Road and Sewer Construction. 12. The City Engineer has designated an Urban Collector Roadway Section for the improvement of Eighth Avenue,which is adjacent to the proposed development. This will require the addition of approximately 6.5-8.5 feet of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. 13. The proposed plat shall be improved to the standards set forth in the 2001 City Standards for Road and Sewer Construction,which contains regulations for roads, approaches, drainage and fees in new construction. 14. The City Engineer has examined this development proposal and has determined that the impact of this proposal upon the existing City Road System warrants the dedication of additional right of way and the roadway improvements herein specified. 15. The applicant is advised that there may exist utilities either underground or overhead affecting the applicant's property, including property to be dedicated or set aside future acquisition. The City of Spokane Valley will assume no financial obligation for adjustments or relocation regarding these utilities. The applicant should contact the applicable utilities regarding responsibility for adjustment or relocation costs and to make arrangements for any necessary work. 16. The applicant shall grant applicable border easements adjacent to City right of way per City of Spokane Valley Standards. 17. Erosion Control: A Temporary Erosion and Sedimentation Control(TESC)plan shall be prepared by a Washington State licensed Professional Engineer and implemented throughout the duration of construction. The TESC plan shall be prepared using best management practices (BMP's) currently accepted within the Civil Engineering profession. The TESC plan shall include, at a minimum, a grading plan, location and details of silt control structures, and street cleaning program. Runoff from exposed areas shall be filtered prior to discharging into a detention pond, swale, infiltration facility, or natural drainageway. The TESC plan shall be included in the road HE Findings,Conclusions and Decision PE-1917-03/ZE-3-03 Page 15 and drainage plans. The applicant's Engineer shall submit the TESC plan and supporting calculations to Spokane County prior to site disturbance. The TESC major structures (such as silt ponds, silt traps) shall be installed prior to other site work and the TESC measures implemented and maintained throughout the duration of construction,including house construction. 18. Any part of the drainage system that lies outside of the public right-of-way will not be maintained or operated by City of Spokane Valley forces. Prior to plan acceptance by the City Engineer, the Sponsor shall provide a mechanism, acceptable to the City Engineer, for the perpetual maintenance of the stormwater drainage system. This mechanism shall also provide for the funding of routine maintenance and the replacement of the various components of the drainage system at the end of the service life of the respective components, and any other improvements that may be legally required in the future. An Operations and Maintenance Manual for the stormwater management system shall be prepared by the Sponsor's Engineer, and included in the project documents submitted to the City Engineer for acceptance, along with a discussion of the design life of the various components, a calculated annual cost for repair and maintenance, and a calculated replacement cost. Homeowner's Associations are acceptable to the City of Spokane Valley Engineer for carrying out the required maintenance functions and responsibilities. 19. If the requested plat receives final approval, the City Engineer will issue a Transportation Concurrency Certificate for Seventeen(17)PM peak hour trips for a 17-Lot Plat. SPOKANE COUNTY DIVISION OF UTILITIES/CITY OF SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS 1. The dedication for the final plat shall state: "Public sewers shall be constructed to provide for the connection of each lot to the County's system of sewerage. The uses on properties within the plat shall be required to connect to the sewer and pay applicable charges per the Spokane County Sanitary Sewer Ordinance. Sewer connection permits shall be required." 3. The applicant shall submit expressly to Spokane County Division of Utilities, "under separate cover", only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. 4. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the project. 5. 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. 6. Security will be submitted to the Division of Utilities prior to approval of Sewer Design Plans. HE Findings, Conclusions and Decision PE-1917-03/ZE-3-03. Page 16 7. Any water service for the final plat shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 8. The above conditions shall be modified to reflect transfer of control, ownership and regulation of the public sewerage system serving the proposal from Spokane County to the City of Spokane Valley, as such may occur prior to final plat approval. SPOKANE REGIONAL HEALTH DISTRICT 1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the City of Spokane Valley Division of Current Planning to the utility companies, the Spokane City 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. 3. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane County, or the City of Spokane Valley Department of Public Works, as applicable. 4. Water service shall be coordinated through the Director of Utilities, Spokane County, or the City of Spokane Valley Department of Public Works, as applicable. 5. Water service shall be by an existing public water supply when approved by the Regional Engineer(Spokane), State Department of Health. 6. Prior to filing the final plat,the applicant shall provide evidence that the plat lies within the recorded service area of the water system or purveyor proposed to serve the plat. 7. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire protection use shall be approved by the water purveyor. Said water plan must have been approved by the fire protection district and the appropriate health authorities. The health authorities,water supplier(purveyor), and the fire protection district will certify,prior to the filing of the final plat, 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. 8. The purveyor will also certify prior to filing the final plat on a copy of said water plan that appropriate contractual arrangements have been made with the plat sponsor for construction of the water system, in accordance with the approved pan and time schedule. The time schedule will provide, in any case, for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the plat. The contractual arrangements will include a provision holding City of Spokane Valley, Spokane County(as applicable), Spokane Regional Health District, and the purveyor harmless from claims by any lot purchaser refused a HE Findings; Conclusions and Decision PE-1917-03/ZE-3-03 Page 17 building permit due to failure of the plat sponsor to satisfactorily complete the approved water system. 9. A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not be authorized. 10. A statement shall be placed in the dedication to the effect that: "A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not be authorized." 11. The dedicatory language on the plat shall state: "The use of private wells and water systems is prohibited." 12. The final plat dedication shall contain the following statement: "The public water system, pursuant to the Water Plan approved by county and state health authorities,the local fire protection district, Spokane County, City of Spokane Valley Department of Community Development, and water purveyor shall be installed within this subdivision and the applicant shall provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot." SPOKANE COUNTY FIRE DISTRICT 1 1. The installation of a new fire hydrant at the entrance of the plat and Eighth Avenue is required. If a gate is proposed, then a `to-scale' drawing is required for review by Spokane County Fire District 1. DATED this 5th day of May, 2003. CITY HEARING EXAMINER PRO TEM Alzel C4. 1 Michael C. Dempsey,WSB,/ HE Findings, Conclusions and Decision PE-1917-03/ZE-3-03 Page 18 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to City of Spokane Valley Ordinance No. 57, the decision of the Hearing Examiner on a combined application for a zone reclassification and preliminary plat is final and conclusive unless within fourteen(14) calendar days from the Examiner's written decision, a party of record aggrieved by such decision files an appeal with the City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington. This decision was mailed by certified mail to the Applicant, and by first class mail to other parties of record, on May 5, 2003. THE APPEAL CLOSING DATE IS MAY 19, 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 maybe 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-1917-03/ZE-3-03 Page 19 i i