1984, 01-12 ZE-109-83 Findings and OrderZONE RECLASSIFICATION NO.: ZE-109-83
VARIANCE NO.: VE -234-83
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
A. INTRODUCTION
This matter having come before the Zoning Hearing Examiner Committee on
January 5, 1984, and the members of the Committee present being
Jerry Williams, Chairman, Kathleen M. Carstens and Richard L. Skalstad.
B. PROPOSAL
The sponsor, Randy Courchaine, is requesting approval of a zone
reclassification, File No. ZE-109-83, Agricultural Suburban to Residential
Mnufactured Home, for the purpose of developing a 3 -Unit Manufactured Home
Park; and a Variance request, VE -234-83, to allow a 3 -Unit Manufactured
Home Park to be located on approximately 18,750 square feet; whereas, the
Spokane County Zoning Ordinance, Section 4.04A.050 -(b) requires a minimum
of 5 Acres.
•
C. FINDINGS OF FACT
1. That the existing land use in the area is residential, Dishman
School, commercial, and vacant.
2. That the Comprehensive Plan designates this area as appropriate for
Urban development.
3. That the existing zoning of the property described in the application
is Agricultural Suburban.
4. That the provisions of RCW 43.21C (The State Environmental Policy
Act) have been complied with, and the Committee concurs with the
Declaration of Non -Significance.
5. That the proper legal requirements for advertisement of the Agenda
Item have been fulfilled.
6. That the land in this area is suitable for the proposed use, or uses
within the proposed Zone Classification.
•
•
ZONE RECLASSIFICATION NO.: ZE-109-83
VARIANCE NO.: VE -234-83
C. FINDINGS OF FACT (continued)
7. That the applicant has demonstrated that conditions have
substantially changed since the original zoning of this area and
accordingly, the proposed rezone is justified.
8. That the proposed use is compatible with existing uses in the area.
9. That the owners of adjacent lands expressed disapproval of the
proposed use.
10. The Hearing Examiner Committee finds the proposed use to be in
harmony with the general purpose and will not be otherwise
detrimental to the public health, safety, and welfare.
11. The following are additional findings of fact considered by the
Hearing Examiner Committee:
a) That the property owners who voiced opposition against the
proposal expressed concern regarding the future residents of the
area and not the proposed use of the site. Tenants in any type
of residential development (whether conventional or manufactured
housing) can be a good or bad impact on the existing area.
Concerns for the quality of future, and as yet unknown tenants,
cannot be an issue in land use decisions such as zone
reclassifications.
b) The close proximity of commercial and industrial uses make this
site less desirable for conventional single family development.
c) There exists other manufactured homes in the area; although the
proposed density may appear to be high for the site, other
development alternatives could create even greater living
units. With existing Agricultural Suburban zoning, the site is
of sufficient size to be easily subdivided to create building
sites for a duplex and single family uses.
2
•
•
• •
ZONE RECLASSIFICATION NO.: ZE-109-83
VARIANCE NO.: VE -234-83
D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL
a) COUNTY PLANNING DEPARTMENT
1. A specific landscape plan, planting schedule and provisions for
maintenance acceptable to the Spokane County Zoning
Administrator shall be submitted with a performance bond for the
project prior to release of building permits.
2. The applicant shall develop subject property generally in
accordance within the concept presented to the Hearing Examiner
Committee. Variations when approved by the Zoning Administrator
will be permitted, including, but not limited to the following
changes: Building location, landscape plans, and general
allowable uses of the permitted zone. All variations must
conform to regulations set forth in the Spokane County Zoning
Ordinance. The original intent of the development plans shall
be maintained.
3. The specific development plan will be submitted for Planning
Department review and approval prior to issuance of building
permits.
4. All current standards of the Residential Manufactured Home Zone,
as amended, shall be complied with in the development of this
site.
5. Applicant shall comply with '208' recommendations concerning
stormwater runoff and provide necessary landscaping for runoff.
6. The applicant shall comply with RCW 58-17 and the Spokane
County Platting Ordinances prior to issuance of building permits.
7. That the provisions of SEPA's NOTICE OF ACTION pursuant to
Chapter 43.21C.080 RCW and the Board of Spokane County
Commissioners Resolution #77-1392 be initiated by the project
applicant within thirty (30) days of final disposition of this
application, and prior to any on-site improvements, or file
appropriate documents to the effect that the NOTICE OF ACTION is
waived in accordance with Spokane County Commissioners'
Resolution #82-0458 dated May 4, 1982.
3
• •
ZONE RECLASSIFICATION NO: ZE-109-83
VARIANCE NO.: VE -234-83
a) COUNTY PLANNING DEPARTMENT (continued)
8. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA
Guidelines (WAC 197-10) and the Spokane County Environmental
Ordinance (SCEO), a proposed declaration of non -significance has
been issued at least fifteen (15) days prior to this date;
theofficial file, written comments and/or public testimony
contain information regarding assessment of the proposal's
adverse impacts to the physical environment; a finding is hereby
made that no potentially significant adverse impacts upon the
physical environment are anticipated as a result of the project;
and a final declaration of non -significance is hereby to be
issued.
9. That fencing as shown on the site plan, along the western and
southern site property lines be installed or maintained. The
southern fence, and the western fence if ever replaced, shall be
6 feet high and sight -obscuring.
10. Landscape treatment and plantings shall be installed and
maintained along the western and southern site property lines,
as approved by the Zoning Administrator.
b) COUNTY ENGINEERING DEPARTMENT
Prior To The Issuance of a Building Permit:
1. Applicant shall dedicate 5 feet on Main and Marguerite for
right-of-way prior to any use of the property.
2. Applicant shall dedicate a 20 foot radius on Main and
Marguerite prior to any use of the property.
3. Access permits for approaches to the County Road System shall be
obtained from the Spokane County Engineer.
4. Applicant shall improve Main Avenue in a manner consistent with
Spokane County TYPICAL roadway section No. 2 minimum paving
width Access Standard.
5. Applicant shall improve Marguerite in a manner consistent with
Spokane TYPICAL roadway section No. 2 minimum paving width
Access Standard.
4
• •
ZONE RECLASSIFICATION NO.: ZE-109-83
VARIANCE NO.: VE -234-83
b) COUNTY ENGINEERING DEPARTMENT (continued)
6. Applicant shall submit for approval by the Spokane County
Engineer road, drainage, and access plans prior to the issuance
of a building permit on the property.
7. The applicant shall submit for approval by the Spokane County
Engineer and the Spokane County Health District a detailed
combined on-site sewage system plan and surface water disposal
plan for the entire project prior to the issuance of any
building permit on the property.
8. A parking plan and traffic circulation plan shall be submitted
and approved by the Spokane County Engineer prior to the
issuance of a building permit on the property. The design,
location, and arrangement of parking stalls shall be in
accordance with standard traffic engineering practices. Paving
or surfacing as approved by the County Engineer, will be
required for any portion of the project which is to be occupied
or traveled by vehicles.
9. The word "applicant" shall include the owner or owners of the
property, his heirs, assigns, and successors.
10. To construct the road improvements stated herein, the applicant
may, with the approval of the County Engineer, join in and be a
willing participant in any petition or resolution which purpose
is the formation of a Road Improvement District (RID) for said
improvement pursuant to RCW 36.88, as amended. Spokane County
will not participate in the cost of these improvements.
11. As an alternative method of constructing the road improvement
stated herein, the applicant may, with the approval of the
County Engineer, accomplish the road improvements stated herein
by joining and participating in a County Road Project (CRP) to
the extent of the required road improvement. Spokane County
will not participate in the cost of these improvements.
12. The construction of the road improvements stated herein shall be
accomplished as approved by the Spokane County Engineer.
13. A11 required improvements shall conform to the current State of
Washington Standard Specifications for Road and Bridge
Construction, and other applicable County standards and/or
adopted resolutions pertaining to Road Standards and Stormwater
Management in effect at the date of construction, unless
otherwise approved by the County Engineer.
14. Roadway standards, typical roadway sections and drainage plan
requirements are found in Spokane Board of County
Commissioners'Resolution No. 80-1592 as amended.
5
• •
ZONE RECLASSIFICATION NO: ZE-109-83
VARIANCE NO: VE -234-83
COUNTY UTILITIES DEPARTMENT
1. Pursuant to Board of County Commissioners Resolution No.
80-0418, the use of on-site sewer disposal systems is hereby
authorized. This authorization is conditioned on compliance
with all rules and regulations of the Spokane County Health
District and is further conditioned and subject to specific
application approval and issuance of permits by the Health
District.
2. The owner(s) or Successor(s) in interest agree to authorize the
County to place their name(s) on a petition for the formation of
a ULID by petition method pursuant to RCW 36.94 which the
petition includes the Owner(s) property and further not to
object by the signing of a protest petition against the
formation of a ULID by resolution method pursuant to RCW Chapter
36.94 which includes the Owner(s) property. PROVIDED, this
condition shall not prohibit the Owner(s) or Successor(s) from
objection to any assessment(s) on the property as a result of
improvements called for in conjunction with the formation of a
OLID by either petition or resolution method under RCW Chapter
36.94.
3. Any water service for this project shall be provided in
accordance with the Coordinated Water System Plan for Spokane
County, as amended.
4. Each dwelling unit shall be double -plumbed for connection to
future areawide collection systems. Plans and specifications
for the double plumbing are to be reviewed and approved by the
Utilities Department.
d) COUNTY HEALTH DISTRICT
1. A combined surface water and sewage disposal detailed plan
shallbe approved by the County Engineer and the Health District
prior to the issuance of any building permit for this project.
2. Sewage disposal method shall be as authorized by the Director of
Utilities, Spokane County.
3. Subject to specific application approval and issuance of permits
by the Health Officer, the use of an individual on-site sewage
system may be authorized.
4. Water service must be coordinated through the Director of
Utilities, Spokane County.
6
•
•
• •
ZONE RECLASSIFICATION NO: ZE-109-83
VARIANCE NO: VE -234-83
d) COUNTY HEALTH DISTRICT (continued)
5. Water service shall be by an existing public water supply when
approved by the Regional Engineer (Spokane), State Department of
Social and Health Services.
6. Use of private wells and water systems is prohibited.
7. Disposal of sewage effluent beneath paved surfaces is currently
prohibited.
e) COUNTY BUILDING AND SAFETY DEPARTMENT
1. The site is located in Fire District #1.
2. A fire hydrant will be required to be installed and made
serviceable on the southwest corner of Main and Marguerite prior
to development. The required fire flow for this development is
500 g.p.m. for 30 minutes. Approved numbers or address shall be
placed on all new or existing structures in such a position as
to be plainly visible and legible from the street or road
fronting the project. A land use permit will be required for
each structure.
f) WATER PURVEYOR
1. Water Purveyor is Hutchinson Irrigation District #16, and they
will supply the site with adequate water for domestic, fire and
irrigation uses.
g) COUNTY AIR POLLUTION CONTROL AUTHORITY
1. Air pollution regulations require that dust be controlled during
site preparation and construction activities. Further required
that all travelled surfaces be paved and kept clean.
• •
ZONE RECLASSIFICATION NO.: ZE-109-83
VARIANCE NO.: VE -234-83
E. ORDER
The Hearing Examiner Committee, pursuant to the aforementioned, finds that
the application of Randy Courchaine, for a zone reclassification as
described in the application should be APPROVED.
Motion by: Skalstad Seconded by: Carstens
Vote:
Skalstad - Aye
Carstens - Aye
Williams Aye
Unanimous to Approve to the RESIDENTIAL MANUFACTURED HOME
ZONE - ( 3 - 0 )
HEARING EXAMINER COMMITTEE
HEREBY ATTEST TO THE ABOVE
FINDINGS, ORDER, AND VOTE
ATTEST:
For WALLIS D. HUBBARD
Plannipg Director
t 4 �'
By STEVE HOROBIOWSKI
Zoning Administrator
Date: �Iq/li /?, ,?.g/
NOTE: See File VE -234-83 for Zoning Adjustor Decision on Variance
request for approval of a site less then five (5) acres as
required in the Spokane County Zoning Ordinance.
8
•
•
• •
ZONE RECLASSIFICATION NO.: ZE-109-83
VARIANCE NO.: VE -234-83
F. ZONING ADJUSTOR DECISION
VARIANCE TO ALLOW A MANUFACTURED HOME PARK TO BE LOCATED ON APPROXIMATELY
18,750 SQUARE FEET, WHEREAS THE SPOKANE COUNTY ZONING ORDINANCE REQUIRES A
MINIMUM OF FIVE ACRES IN THE RESIDENTIAL MANUFACTURED HOME ZONE.
a) FINDINGS
1. There was no testimony from adjoining property owners saying
that a 5 -acre site would be more satisfactory for the proposed
manufactured home park.
2. There also was not any testimony to the effect that the proposed
project would be better with a home on it than one without,
which is a standard of the Spokane County Zoning Ordinance with
regard to manufactured home parks on property containing less
than five acres (4.05A.050 Development Standards - 1-(e)-1).
3. The strict application of the Zoning Ordinance would deny a use
consistent with the approved zoning and other development in the
vicinity.
b) CONCLUSION
1. The proposed use would not be detrimental to the public's
health, safety, and welfare.
c) DECISION
To APPROVE the Variance as requested by the applicant, and subject to
the Conditions attached to the Zoning approval for File ZE-109-83.
DOUGLAS S./ADAMS
Zoning Adjustor for Spokane County
Date:
/q2/