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ZE-3A-79 t e f S P O K A N E a C O U TINT 'r -y' OFFICE OF THE HEARING EXAMINER MICHAEL C DEMPSEY, CHIEF EXAMINER December 23, 1997 Wes Crosby P O Box 13717 Spokane, WA 99213 RE: Letter of Approval for ZE-3A-79, Change of Conditions to allow an 11-unit manufactured home park in the existing UR-22 zone, on a 1.6 acre site located along the east side of University Road approximately 100 feet south of Grace Avenue Dear Applicant- On December 22, 1997 a public hearing was held on your application for a change of conditions in Building and Planning File No. ZE-3A-79. The Hearing Examiner verbally approved your application request, subject to the conditions of approval attached to the staff report. The Fire District's conditions of approval will be revised to delete the new fire hydrant requirement. This approval is subject to the entry of formal written findings, conclusions and decision consistent with this letter Because I will be out of the office between December 25 and the end of the year, I will not be able to render a formal written decision in the above matter until January, 1998. However, I will not be adding any new conditions other than as stated herein. The appeal period will run from the date such written decision is entered. Since there was no opposition to the project in the record or at the public heanng, the chance of an appeal appears nil. Very truly yours, Michael C. Dempsey Spokane County Hearing Examiner c Francine Shaw, Division of Building and Planning Scott Engelhard, Division of Engineering Jim Red, Division of Utilities THIRD FLOOR PUBLIC WORKS BUILDING 1026 WEST BROADWAY AVENUE, SPOKANE, WASHINGTON 99260-0245 PHONE (509) 324-3490 • FAX (509) 324-3478 • TDD (509) 324-3166 a STAFF REPORT TO THE HEARING EXAMINER File: ZE-3A-79 DIVISION Of BUILDING AND PLANNING SPOKANE COLN-n HEARING DATE: December 22, 1997 FILE* ZE-3A-79 PROJECT PLANNER: Francine Shaw, Senior Planner PROJECT DESCRIPTION: Change of Conditions to allow an 11 unit Manufactured Home Park (file no. MHP-4-97) in the existing Urban Residential-22 (UR-22) zone whereas the previously approved zone reclassification (file no. ZE-3-79) restricted site development to a 24 unit apartment complex. STAFF RECOMMENDATION: Staff recommends approval of the Change of Conditions, as conditioned. Project Data Project Location: Generally located east of and adjacent to University Road, approximately 100 feet south of Grace Avenue in the NW % of Section 9, Township 25 North, Range 44 EWM in Spokane County, Washington. Parcel Numbers: 45092.0779, 45092.0780, and 45092.0791 Owner: Wes Crosby P.O. Box 13717, Spokane, WA. 99213 509 926-5229 Agent Same as above. Comprehensive Plan Designation: Urban Zonin : Urban Residential-22 UR-22 file no. ZE-3-79 Existing Land Use: The site is vacant and undeveloped. Surrounding Zonin and Land Uses: • North: Land located north of the subject site is zoned Urban Residential-3.5 (UR-3.5) and is primarily occupied by medium density single family residences. • South: Land located south of the subject site is zoned Light Industrial (1-2). Existing land use includes a non- conforming single family residence and various industrial businesses. • East: Land located east and northeast of the subject site is zoned Urban Residential-3.5 (UR-3.5). Land located southeast of the site is zoned Light Industrial (1-2). Existing land uses include medium density single family residences, vacant undeveloped land and industrial businesses, res ivel . ZE 3A-79 Staff Report - December 22, 1997 Public Hearing 1 of 7 A • West: Land located west of the subject site is zoned Urban Residential-3.5 (UR-3.5) and Light Industrial (1-2). Existing land use includes single family residences and industrial development. Known Land Use Proposals and Various land use actions have been approved in the Recent Project Approvals in the vicinity of the proposal during the last twenty years Area of this Project and include zone reclassifications ZE-41-78 (to the Light Industrial, 1-2, zone for light assembly, office and warehouse), ZE-61 A-83C (to the 1-2 zone for office and warehouse), ZE-41-87C (to the 1-2 zone for warehouse and those uses allowed in the 1-2 zone), ZE-5-96C (to the Urban Residential-7, UR-7, and 1-2 zones for those uses allowed in the respect zones), ZE-25-84C (to the 1-2 zone for those uses allowed in the 1-2 zone), ZE-191-78C (to the 1-2 zone for office and warehouse) and ZE-105-78C (78 (to the 1-2 zone for those uses allowed in the 1-2 zone). Land Division Status: The site is comprised of three tax parcels, each of which are portions of Blocks 43, 44, and/or 45 of Fairacres Subdivision. Fairacres Subdivision was finalized and recorded in 1908. Spokane County Assessor's records indicate tax parcels 45092.0779 and 45092.0780 were created in 1978 and tax parcel 45092.0791 was created in 1980. As of March 13, 1978, all property division in Spokane County require either formal platting approval consistent with RCW 58.17 or the approval of a Certificate of Exemption exempting the property division from the formal platting process pursuant to RCW 58.17 and Section 12.100.110 of the Spokane County Subdivision Ordinance. Review of the legal descriptions for the properties indicate the tax parcels have not been platted consistent with RCW 58.17 and are not considered legal building lots. Review of the Division of Building and Planning Certificate of Exemption log for this area indicates no Certificates of Exemption approvals have been issued for the property recognizing the parcels as legal building lots anti exempt from RCW 58.17. Prior to the approval of any manufactured home park and/or issuance of any building permits for the property, the applicant shall secure the appropriate land division approvals or exemptions from the Division of Building and Planning in order to recognize the property as a legal building lot. This will require either Plat, Short Plat or Certificate of Exemption approvals. Shoreline Designation: Not applicable. Water Purveyor: Irvin Water District No. 6 will provide public water service to the site. The use of private wells and water systems is prohibited. Water service shall be coordinated through the Director of Utilities. Sewage Disposal: A public sewer system will be made available to serve the proposed manufactured home park as authorized by the Director of Utilities. Plans and ZE 3A-79 Staff Report - December 22, 1997 Public Hearing 2 of 7 specifications for public sewer connection shall be submitted for review prior to finalizing the project Fire District The subject site is located in Fire District No. 1. The Fire District requested a drawing to scale for review of the manufactured home park entrance gates for clearance of fire trucks. A site development plan was circulated to Fire District No. 1 on November 28, 1997. No additional comments have been received by the Fire District regarding the entrance gates. This issue will be resolved prior to approval of the site development plan for the manufactured home park. School District and nearest K-12 The proposal is located in the East Valley School schools: District No. 361. The School District was coy+ , c, and no comment was received regarding proposal. Nearest Arterial and Distance: The subject property is located east of ana adjacen to University Road. University Road is identified as a Principal Arterial by the Spokane County Arterial Road Plan with a planned right-of-way width of 100 feet. The site development plan illustrates a twenty (20) foot wide strip to be set aside as a Future Acquisition Area (FAA). The Division of Engineering has requested twenty-three (23) feet of Future Acquisition Area (FAA) and the dedication of seven (7) feet of additional right-of-way along University Road. Nearest Parks and Distance: The Spokane County Parks and Recreation Plan identifies Valley Mission Park as the County park facility located nearest to the proposal. Valley Mission Park is located approximately one (1) mile southeast of the proposal on Mission Avenue. Neighborhood Association: None identified by the applicant. ❑ This proposal is located inside the IUGA. ❑ This proposal is located inside the Influence Area of the Town of Millwood- This proposal is located inside a Public Transportation Benefit Area (PTBA). • This proposal is located outside the 1000' notification boundary of designated Natural Resource Lands. GMA/Critical Areas Aquifer Recharge Area: The subject site is located within both the Aquifer Sensitive Area (ASA) Overlay zone and the Priority Sewer Service Area (PSSA). Fish & Wildlife Habitat Conservation Areas: Not applicable. Floodplain: Not applicable. Geologically Hazardous Areas: Not applicable. Wetlands: rl,,±p~,licah~e SEPA ❑ DNS issued December 1, 199; J Cr_ lm lent period ended December 20. 19,9 7 Staff Report - December 22 =a= utf f-i.t•arnri 3 of Noticing Published: Spokesman Review on December 2, 19971, Mailed: The deadline for mailing the Notice of Hearing and posting notice on the subject property was December 5, 1997. 1724 Compliance Dates Application Accepted (Counter Complete): October 14, 1997. Technically Complete / Determination of Completeness issued: October 30, 1997. Date Notice of Decision is Due: February 11, 1998. Reviewing Agencies 17 Agencies were notified on December 1, 1997. Comments were due December 15, 1997. Agencies Notified Response Date Agencies Notified Response Date Received Received Received Received Spokane County Division Yes December Spokane County Yes December of Engineering and Roads 16, 1997 Division of Utilities 16, 1997 Spokane Regional Health Yes December Spokane County Division No District 8, 1997 of Building and Planning Spokane County No Spokane County Yes October 30, Division of Parks, Development 1997 Recreation and Fair Engineering Services SCAPCA No Long Range Yes December Planning Division 2, 1997 Fire Protection Yes November East Valley School No District No. 1 14, 1997 District No. 361 Irvin Water District No. 6 No Spokane County No Boundary Review Board Spokane County No Spokane Regional No Stormwater Utility Transportation Council Spokane Transit Authority No WA State Department of No Transportation WA State No Department of Ecology Responses from the Public: No letters from the public have been received regarding the proposal. Description of the Site: The site is approximately 1.6 acres in size and is flat in topography. The site is vacant and undeveloped with various items stored on the site including a boat, horse trailer, old boards and farm equipment. Little vegetation exists on site except for native grasses, weeds and shrubs. A wire fence with wood support posts is located along the east property line and a board-on-board fence approximately six (6) feet in height is located along the south property line where the adjacent land use is industrial. Fencing along the north property line is associated with the single family residences located north of and adjacent to the subject site and varies with each residential property. Fencing types in this area range from four (4) foot tall "see- through" cyclone fences to six (6) foot tall sight obscuring board-on-board fences. Access to the site is provided directly from University Road. University Road is currently under construction. Overhead transmission lines are located along the east side of University Road. ZE 3A-79 Staff Report - December 22, 1997 Public Hearing 4of7 I e  m ' . n x..