Loading...
HomeMy WebLinkAboutAIE-5-95 L - ' ~ BEFORE SPOKANE COUNTY PLANNING DEPARTMENT IN THE MATTER OF A LACK OF STREET ) FINDINGS OF FACT, FRONTAGE ADMINISTRATIVE EXCEPTION ) CONCLUSIONS AND AEE-22-95 ) DECISION NAME: CLINTON HA MOND ) COMPANION FILE(S): PARCEL NO• THIS MATTER, an application for road frontage Administrative Exception, has been received and decided upon, pursuant to the Zoning Code of Spokane County, Secdons 14.506.020 (7) and 14.506.040, on the -JJ +h day of April, 1995. FINDINGS OF FACT AND CONCLUSIONS 1. The individual signing below has been delegated the responsibility for rendering this decision by the Spokane County Director of Planning. 2. The Spokane County Planning Department has received an application from Clinton Ham.mond for an Administrative Exception from the frontage requirements . for residential use. The subject parcel (No. 45173.1116) has sixty five (65) feet of frontage on a public road; whereas, section 14.616.315 of the Spokane County Zoning Code requires eighty (80) feet of frontage. The parcel would be served by a private driveway. 3. In addition to the Administrative Exceprion, an applicarion (File No. AIE-5-95) for an Ad.ministrative Interpretation has been made. The subject site can meet the underlaying UR-3.5 zoning provided the road frontage standards can be satisfied. 4. This property is located west of and adjacent to Farr Road, approximately 900 feet north of the intersection of Fair Road and Sprague Road, in the SW 1/4 of Section 17, Township 25 N, Range 44 EWM. 5. The current zoning of the property is Urban Residenrial - 3.5 (UR-3.5) ; which requires a minimum lot size of 10,0{)0 square feet and 80 feet of road frontage. The subject site is approximately 1 acre in size and has 65 feet of frontage on Farr Road. 6. In compliance with RCW 36.70.450, the Planning Department has determined that this proposal for single family residence on 1 acre is consistent, as conditioned, with the Urban Comprehensive Plan designation. 7. The Arterial Road Plan designates Farr Road as a COLLECTOR ARTERIAL, with a with 70 feet of right-of-way. The Road Plan is satisfied by the existing 70 feet of right-of-way of Farr Road. 8. At this time access for personal and emergency vehicle use appears to meets the requirements of Section 14.506.020 (7a). 10. Improvements made to the property for access purposes would be required to meet the Spokane County's Department of Buildings Private Driveway Standards. 11. Neither adjacent properties nor the general health, safety and welfare will likely be adversely affected by approval of this request as conditioned. 12. ' The project is exempt from the State Environmental Policy Act, pursuant to WAC 197-11-800(6)(b). DECISION BASED UPON THE ABOVE Findings of Fact and Conclusions, this Administrative Exception applicarion is hereby APPROVED, subject to the conditions noted below. This decision is final unless appealed in writing, consistent with appeal procedures. ! ~ „ • ~ CONDITIONS OF APPROVAL 1. The following conditions shall apply to the applicant, owner or owners of the property, and successors in interest and shall run with the land. 2. Failure to comply with any of the conditions of approval contained in this decision, except as may be relieved by the Planning Department, shall constitute a violation of the Zoning Code of Spokane County and be subject to such enforcement as is appropriate. 3. Subdivision of the property may render the ad.nunistrative exception status detennination null and void and of no further force or effect. 4. This parcel shall not be further subdivided unless consistent with RCW 58.17, the County subdivision ordinances, the Zoning Code and the Comprehensive Plan. 5. The applicant is advised that a access shall be constructed in accordance with the. provisions of Spokane County Department of Build.ings Private Driveway . Standards, Chapter 3.05.050(a) 2(ii), Fire Access, of Title 3 of the Spokane Counry Code. Under State Law and County Ordinance, you have the right to appeal this decision to the Spokane County Hearing Examiner Committee. If you desire to file such an appeal, you must subnut the appropriate APPEAL APPLICATION together with the required FEE, payable to the Spokane County Planning Deparnnent, within 20 calendar days from the date this decision is signed. Upon receipt of a complete appeal application, a public hearing will be scheduled. DATED* THIS DAY OF APRIL, 1995. ?For.: Nu e, Senior Planner Doug R. Smith, Planner c: Clinton Hammond, 11518 E. lOth, Spokane WA 99206 (Certified Mail) Spokane County Division of Engineering and Roads Spokane County Division of Utilities Spokane County Deparanent of Buildings Spokane County Fire Protection District No. 9 FILE NO. AEE-22-95 SPOKANE COUNTY ADMINISTRATIVE EXCEPTION PAGE 2 f L BEFORE THE SPOKANE COUNTY DIVISION OF PLANNING IN THE MATTER OF A TEMPOR.ARY ) FINDINGS OF FACT USE PERMIT FOR AN ) CONCLUSION AND ASPHALT/ROCK CRUSHING FACILITY ) DECISION Applicant: KC Construction ) THIS MATTER, an application for a Temporary Use Permit from KC Construction has been received and decided upon, pursuant to Section 14.510.000 (a) of the Spokane County Zoning Code, on the 12th day of July, 2001. FINDINGS OF FACT AND CONCLUSIUNS 1. The individual signing below has been properly delegated the responsibility for rendering this decision by the director of the Spokane County Division of Planning. 2. The applicant has requested a Temporary Use Permit to allow the operation of a temporary asphalt/rock crushing facility on approximately five (5) acres, to include processing, stockpiling and recycling of material for use on a county road project. 3. The subject proposal is located south of and adjacent to Main Ave. and east of and adjacent to Herald Street in the SE '/4 of the SE 1/4 of Section 17, Township 25 N., Range 44 E.W.M. (Assessor's Tax Parcel #(s): 45174.9053 & 9054). Both parcels have frontage on Sprague Ave. 4. The site is presently zoned Regional Business (B-3). Asphalt/Rock crushing facilities are not a permitted use in the Regional Business (B-3) zone; however, the applicant has requested a Temporary Use Permit to establish the proposed use under the provisions of Chapter 14.510 (Temporary Uses) of the Spokane County Zoning Code. Said Chapter allows the proposed use in the Regional Business (B-3) zone for a period of not more than six (6) months subject to the permitting requirements therein. The project is inconsistent with the requirements of the Regional Business (B-3) zone (Section 14.628), except as it may be allowed pursuant to Section 14.510. 5. Chapter 14.510(a) of the Spokane County Zoning Code provides that any owner of any property may submit an application for the temporary use of a structure or premises in any zone classification for a purpose or use that does not conform to the regulations prescribed elsewhere in the Zoning Code for the zone classification in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A nonrenewable zoning certificate for Temporary Use Permit TUE-1-O 1 ~ such use may be granted by the Division in the form of a temporary and revocable permit, for not more than a six (6)-month period. 7. The Spokane County Comprehensive Plan designates this area as Commercial. The use, if permanent, is not consistent with this category. Because the proposal is temporary (6 months) and nonrenewable, and also, because of the application of the conditions of approval specified in this document it is anticipated that this project will not compromise the intent and spirit of the Commercial Designation policies of the Comprehensive Plan. 8. On June 13, 2001, a pre-application conference for the Temporary Use Permit was held. 9. On June 15, 2001, the completed application for the Temporary Use Permit was filed, and on June 25, 2001 the application was circulated to reviewing agencies. 10. Eight (8) agencies having a potential interest in the project were notified and recommendations were solicited from June 25, 2001 to July 9, 2001. Comments were received from Spokane Fire District No. 1. Commenting agencies had no objections, and the application was made Technically Complete on July 11, 2001. 11. The proper legal notice will be accomplished when this decision is mailed to adjacent property owners as required by Chapter 14.514 of the Spokane County Zoning Code. 12. The Division of Planning may impose shorter time periods for temporary use permits as provided for under Chapter 14.510(a) wherein a permit may be granted for not more than a six (6)-month period (emphasis added). The Division is not required to issue all temporary use permits for six (6)-months, but rather it has the discretion to issue a permit from one (1) day up to six (6) months. 13. The proposal is exempt from the provisions of the Washington State Environmental Policy act pursuant to WAC 197-11-800 (2) (c). 14. The proposed use will be regulated by the Spokane County Air Pollution Control Authority's (SCAPCA) Notice of Intent to Establish a Temporary Source Permit (NOI) #T0267. The maximum production rate shall not exceed 200 tons of recycled asphalt per hour, or 4,800 tons per day for a maximum of 30,000 tons. 15. The project site is located inside the Interim Urban Growth Area (IUGA) boundary as designated by County Resolution No. 97-0321. • 16. The Division finds that the conditions of approval are appropriate to safeguard the public health, safety, and general welfare. Temporary Use Permit TtJE-1-O 1 f DECISION BASED UPON THE ABOVE Findings of Fact and Conclusions, Temporary Use Permit TUE-1-01, is hereby APP120VED until February 12, 2002. This decision is final unless appealed in writing, consistent with adopted appeal procedures and fees. This approval is subject to the conditions of approval listed below. CONDITIONS OF APPROVAL The following conditions shall only apply to the applicant(s) and owner(s) and do not run with the land. Failure to comply with any of the conditions of approval contained in this decision shall constitute a violation of the Spokane County Zoning Code and will be subject to enforcement. SPOKANE COUNTY DIVISION OF PLANNING 1. The permit authorizes the installation and operation of a temporary asphalt/rock crushing facility to process, stockpile and recycle material for use on a county road project for 6 months, or July 12, 2001 to February 12, 2002. The Permit applies only to the property legally described in the application, and as shown on the site plan of record. This Temporary Use Permit cannot be extended and is not renewable. 2. If a violation of any condition of approval is found, the Temporary Use Permit may be revoked as provided for under Chapter 14.510(a) of the Spokane County Zoning Code. If the Temporary Use Permit is revoked, the applicant shall cease the operation inunediately upon notice issued by the Division of Planning. 3. Any improvements or alterations to the land to accommodate tbe proposed temporary use shall be temporary in nature, and must be restored and/or removed at the applicant's expense upon expiration of the temporary use permit. 4. The applicant shall maintain clear travel ways for vehicular access to and from the site; maintain an unobstructed parking area; and maintain adequate turn-around areas for cars, trucks and other equipment to enter, pazk and exit the site. 5. The applicant shall comply with all requirements of the Spokane Air Pollution Control Authority (SCAPCA). 6. Approval of this Temporary Use Permit does not waive or exempt any other development standards, regulations or laws. 7. Project operations shall comply with noise limit requirements of Washington Administrative Code (WAC) 173-60. Temporary Use Permit TUE-1-01 ~ SPOKANE COUNTY DIVISION 4F ENGINEERING ANG ROADS 1. A parking plan and traffic circulation plan shall be submitted and accepted by the Spokane County Engineer. The design, location and arrangement of parking stalls shall be in accordance with standard engineering practices. 2. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners resolution 1-0298 as amended and are applicable to this proposal. 3. The applicant should be advised that an approach permit must be obtained from the Spokane County Division of Engineering and Roads prior to the construction of any new driveway approaches. This must be done prior to the release of a building permit. 4. The applicant has submitted a designated haul road route that utilizes the arterial road system and this plan has been accepted by the County Engineer. 5. No direct access shall be allowed to Main Avenue until authorized by the County Engineer. 6. "The applicant is advised that there may exist utilities either underground or overhead effecting the applicant's property, including property to be dedicated or set aside future acquisition. Spokane County 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." SPOKANE COUNTY DIVISION OF UTILITIES 1. This operation must comply with the drainage requirements of the current Guidelines for Stormwater Management. 2. Stormwater runoff should be dealt with on-site and should not erode or impact adjacent property or County right-of-way. DATED THIS 12th DAY OF July, 2001 ~ AMA b~b no . Jason Langbehn, ss ciate Planner Pursuant to ESHB-1724 and the Board of County Commissioners Resolution No. 96- 0293, this document is also considered the Notice of Final Decision and Notice of Right Temporary Use Permit T'UE- 1 -O 1 d to Appeal. This administrative decision is final and conclusive unless within fourteen (14) calendar days after the decision is issued, a party aggrieved by such decision files an appeal with the Spokane County Hearing Examiner. The appropriate appeal application and fee information can be obtained from the Division of Planning. Upon receipt of a complete appeal application, a public hearing will be scheduled. This decision was mailed to the applicant on July 12, 2001. The appeal closing date is July 26, 2001. The complete record in this matter, including this decision, is on file with the Division of Planning, First Floor, Spokane County Public Works Building, 1026 West Broadway Avenue, Spokane, Washington 99260-0220. 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. Copies of the documents in the record will be made available at the cost set by Spokane County. If you have any questions, please call the Division of Planning at 477-7196. Pring Corporation, 8412 E. Sprague Ave., Spokane, WA 99212 KC Construction, Liann Swenson, PO Box 1455, Hayden, ID 83835 Division of Engineering and Roads - Transportation; Scott Engelhard c/o Sandy Kimball Division of Engineering and Roads - Developrnent Services; John Hohman Division of Utilities - Information Management; Jim Red Division of Utilities - Stormwater Utility; Brenda Sims Spokane Regional Health District; Steve Holderby Spokane County Division of Building & Code Enforcement; Jeff Forry Spokane Fire District No. 1 Spokane County Air Pollution Control Authority (SCAPCA); Ron Edgar Adjacent property owners Temporary Use Permit , TU E-1-01