VE-5-00 . ~
16
SPOKANE COUNTY HEARING E R
RE Setback Vanance in the Urban ) FTNDINGS OF FACT,
Residenhal-22 (LTR-22) zone; ) CONCLUSIONS OF LAW,
Apphcant Irvin Water Distnct No 6) AND DECISION
File No VE-5-00 )
I, S Y OF PROPOSAL AND DECISION
Proposal: Apphcation for a structure height vanance, in the ex.istuig Urban Residennal-22
(UR-22) zone, to allow construchon of a pubhc utlhty standpipe reservoir for water storage at a
maxunum height of SS feet
Decision: Approval, subject to cond.itions
The Heanng Examiner has reviewed the apphcation for a vanance permit and the
evidence of record, and hereby adopts the following findings of fact, conclusions of law and
decision:
1. BACKGROUND/FINDINGS OF FACT
A. GeneralInformation:
Applicant/Site Owner: Irvui Water Distnct No 6, 11907 East Trent Avenue, Spokane, WA
99206
Location: Generally located less than 300 feet east of the northerly ternunus of Cherry
Street, approximately 800 feet east of State Route No 27 (Pines Road), in the NW '/4 of Secnon
10, Townslup 25 North, Range 44 EWM, Spokane County, Waslungton
Legal Description: The subject property, and the easement for access and pipehnes to the site,
are descnbed on the attachment to the vanance application subnvtted on 3-20-001n File No
VE-5-00
Parcel Number: County Assessor tax parcel no 45102.9046
Zoning: Urban Residenhal-22 (CTR-22) The site is also located inside the Aquifer
Sensitive Area (ASA) Overlay zone and the Public Transit Benefit Area designated by the
Zonuig Code
Comprehensive Plan: Urban category The site is also located mside the ASA, the Pnonty
Sewer Service Area and the Urban Impact Area designated by the Plan
HE Findings, Conclusions and Decision VE-5-00 Page 1
!
Critical Areas: County Cntical Areas maps designate Urban Natural Open Space throughout
the site. Such maps also designate erodible soils on the site Some slopes on the site exceed 30%
- IUGA: The site is located inside the mtenm urban growth area boundanes desigaated y the
County pursuant to the State Growth Management Act
Environmental Review: The vanance proposal is exempt from SEPA review, pursuant to
WAC 197-11-800 (2)(e)
Site Description: The subject property is 16,553 square feet in size, rectangular in shape and
consists of a solid rock outcrop The site is the highest pomt m the area A low, relatively flat
saddle bisects the nuddle of the site from north to south Several large pine trees are located on
the property The site is undeveloped, and currently accessible only by foot. An access and unhty
easement extends northerly from the proposed reservoir site for some distance, contuiues
northwesterly for some distance, and then extends due west all the way to SR-27.
Surrounding Conditions: SR-27 west of the site is a 4-lane state highway unproved wnth
curb and sidewalk ui the vicuuty, and connects to Interstate 90 to the south. Mirabeau Parkway
to the north and east is designated by the County as a 3-lane artenal, wlule Indiana Avenue to the
south is designated as a Muior Artenal Mirabeau Parkway provides a new route from SR-27 to
the Spokane Valley mall, located south of Indiana Avenue, between Evergreen Road extended
and Sullivan Road. Cherry Street, wluch cul•de-sacs a few hundred feet west of the subject
property, extends southerly to Mansfield Road Mansfield Road extends westerly to SR 27
The site is bordered on the north and west by a 15-acre parcel zoned UR-22, which is
unproved with apartments to the west and is undeveloped to the north A school distnct
admirustration building on land zoned UR-22 is found northwest of the site, north of Grace
Street. The land lyuig south of the site is zoned UR-22 and developed wnth apartments. The
densrty of the multi-family housing in the area is approximately 16 dwefling units per acre The
nearest single-fanuly residences are generally found northwest of the site, west of SR-27
The land 1}nng east of the site is zoned Rural Residennal-10 (RR-10), is owned by the
Washington State Deparbment of Natural Resources, is in a conservancy status as a natural area,
and consists of a ponderosa pine woodland with large rock outcroppings Such land is
undeveloped, except for a cyclone fence with barbed wire that runs from north to south in the
vicinity. Some Light Industnal (I-20 zorung has recently been approved along the south and
west sides of Mirabeau Parkway in the area, as part of the undeveloped Mitabeau Commercial
and Industnal Park project See Heanrig Examiner decision dated 8-17-99 in Planning File No
ZE-37-96
The area surroundmg the site is illustrated as Urban Natural Open Space on the County
Cntical Areas maps wluch designate pnonty vvildlife habitat
Project Descriptioa: The application requests a vanance in the existulg UR-22 zone to allow
a steel standpipe reservou (tank) for water storage to be installed at a maximum height of 85 feet,
whereas the UR-22 zone allows a maximum structure height of only 50 feet The site plan of
record submitted on March 20, 2000 illustrates development of the proposed reservolr in the
approxunate middle of the site, and shows requued landscaping along the site penmeter The
HE Findings, Conclusions and Decision VE-5-00 Page 2
.
site plan illustrates a transmission maui extending northwesterly from the reservoir, vnth an
access and utilrty easement extending from the site northwesterly all the way to SR-27 The
reservou would contain approximately 875,000 gallons of water At the public hearuig, the
apphcant testified that the reservou would need to be located approximately 20 feet further to the
east on the site, vvrthin the relatively flat saddle area, to provide a more stable foundation.
B. ProceduralInformation,:
Applicable Zoning Regulations: Chapters 14 404 and 14 622 of Spokane County Zoning Code
Hearing Date and Location: May 31, 2000, Spokane County Pubhc Works Biulding,
Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA
Site Visit: May 29, 2000
Notices: Mailed May 10, 2000
Comphance: The legal requirements for pubhc notice have been met
Hearing Procedure: Pursuant to County Resolurion Nos. 96-0171 and 96-0294
Testimony:
James Richardson Nlichael Morse
Division of Current PlaYUUng Inc•
1026 West Broadway 7147 North Flemming
Spokane, WA 99260 Spokane, WA 99208
Items Noticed: Spokane County Generalized Comprehensive Plan, County Zorung Code,
County Code, County Cntical Areas C?rdinance, County Guideluies for Stormwater
Management, County Artenal Road Plan maps, and County Cntical Areas maps Final land use
decisions referenced in Staff Report
County Resolunon Nos 98-0201 (amending Guidehnes for Stormwater Management),
97-0874 (revising mtenm regulations for County NGAs), 97-0321 (adophng mtenm regulahons
for County IUGAs), 97-0134 (establislung County IUGA boundanes), 96-0294 (Hearmg
Exammer Rules of Procedure), 96-0171 (Heanng Exammer Ordinance), and 95-0498 (adopting
Guidelines for Stormwater Management), and 85-0900 (adophng Zonuig Code, and Program to
Implement Zonuig Code)
Procedural Matter: After the public heanng, the Exammer received a copy of a geo-hazard
evaluation dated 6-6-00 subrrutted by MSCE, Inc , consultmg engineers for the applicant Since
the project had no opposirion, and a geo-hazard evaluatton was requued for the project, the
Exammer has reopened the record to include such evaluation in the record
In drafting this decision , the Exammer also discovered that the site is illustrated as Urban
Natural Open Space on the County Cntical Areas maps wluch designate pnonty wildlife habitat
A condition of approval has been added to address this matter
HE Findings, Conclusions and Decision VE-5-00 Page 3
j
III. LAND USE ANALYSIS
FINDINGS OF FACT & CONCLUSIONS OF LAW
1 Because of sroecial circumstances apphcable to the property, includmg steeu slones.
elevarion and the water needs of the area, stnct applicanon of the maximum 50-foot structure
heieht reauired bv Zorung Code 14 622 335 in the Urban Residential-22 ([JR-22) zone creates
nrachcal difficulties and deunves the property of nghts and pnvileges enjoyed bv other
nro»erhes in the vicinitv and zoned UR-22 The granhng of the vanance will not be detnmental
to the vublic welfare, nor iniunous to the property or improvements in the vicuuty and UR-22
zone The factors set forth in Zomng Code 14 404 082 (2) are substantiated, and grantint of the
vanance will not violate anv of the factors set forth in Zoning Code 14 404 082 (3) T'he
mimmum reauuements of RCW 36 70 810 have been established
The apphcant requests a vanance to allow an 85-tall water standpipe reservoir to be uistalled
on the site, while the UR-22 zone allows a maximum structure height of only 50 feet
The srte is designated in the Urban category of the Comprehensive Plan The Urban
category is intended to provide the opportunity for a"citylike" envuonment, including a vanety
of land uses served by a lugh level of pubhc facihties and sernces It is pnmanly a residential
category of single-family, two-fanuly, multifamily and condomuuum buildings, along with
neighborhood commercial, light mdustnal, pubhc and recreational facihties. A residenhal
density (net) of one (1) to 17 dwelling wuts per acre is reconunended
The Urban category states that the more intensive uses such as hght industrial and
neighborhood commercial should be located near the heavily traveled streets, with the less
intensive uses such as residential isolated from the noise and traffic Major commercial, heavy
industnal, agncultural and miiung uses are not considered compatible within areas of the county
designated Urban Comprehensive Plan, Section 1
The Urban category includes, wnthout limitaUon, the follownng relevant pohcies•
Objectzve 1 1 a Promote fill-in wtthrn establzshed development areas and
exjsting outlying communihes where utclihes, arterlals, schools and
com»:untty faciltties have already been estabhshed
Decision Guideline 1 1 1 Urban development will be approved rn areas
having adequate power supplies, water, sanitary and storm sewers,
streets, and school and f re servcces, provcded that such development
meets the intent of other Objechves and Deci.szon Guidelcnes of this
sectioti
Dectsron C'ntideline 112 Base net density for sangle famrly dwelling
areas and for mulhfamily dwellcng areas may be tncreased throicgh bonus
densities, zero lot lines or similar methods when meetrng the fill-in
crtterra
Decision Guideline 114 A variety of densities and resrdennal uses
shocrld be avazlable to provide a freedom of choice to live in Urban areas
HE Finduigs, Conclusions and Decision VE-5-00 Page 4
}
y
with varying densittes, combinattons, or mrx of uses (see detailed Urban
deftnrtions)
Objecnve 12. b Ensure adequate open space, recreational facilihes and
parks for residennad development
Decision Gutdelme 12 2 The need for recreatron and open space created
by residennal developments should be met and be in conformance wtth
ordinances, plans, and polictes pnor to residential development approval
Decision Gurdeline 1 31 Proposed Urban developments should be
designed to benefit from, accommodate and complement the
environmental condttions and environmental features
Decision Guideline 13 Z The destgn or adoption of a proposal shall
consider the retention and maintenance of idenhfied "unique
environmental features "
Decision Gutdelrne 13 3 All Urban development proposals should
requtre public saratary and storm sewer systems or intenm sewer systems
to protect water qualaty
Decision Guideline 13 4 Activihes should be guided by policres outlined
within the State Shorelines Management Act and the Spokane County
Shorelrne Program
Decision C'ruideline 1.41 Development shall not occur on lands rdenhfied
as betng tn a 100 year f lood plain or crs havrng a history of f looding,
unless the developer constructs rriechanrsms
a) accepted by the~'inancing instrtution and by the Counry Engineers
as capable of protechng life and property from flood damage, and
b) whrch do not increase or change water flows whtch may damage
other property
Dectsron Guideline 14 3 Urban development proposals and their deszgn
shall consider the retentton and maintenance of afj`'ected fragile wildl fe
areas and/or unrque environmental areas identified by the County
Ob,Jecttve 15 a New residentral or multiple family should be buffered
from extsttng adjacent land uses where adverse effects may develop
Decision Guideline 15 1 Bufferrng and/or landscaping will be used to
mitigate the daf~`'erences between proposed developments and extsnng uses
Deczsron Guideline 15 4 Sidewalk facilihes wrll be required along
arterials connecttng resjdential areas wrth community facrhties and/or
commercial areas
Decision Guideline 15 S Paved streeis and street lights should be
required in Urban density development
Objective 15 e When a neighborhood experiences pressure for change zn
character, such change shall be permctted upon appropriate revtew
HE Findings, Conclusions and Decision VE-5-00 Page 5
Objecttve 1.5 8 When determrning whether a proposal will change the
exishng land use character of an area, factors to consider may include •
a) the structure height of the proposal in relation to structure herght of
nearby structures, and
b) whether new structures wzll have a posahve or negattve impact upon
the neighborhood s archztechrral character
Deciston GuTdeline 1 61 Before land use proposals are approved they
should
a) conform to plans, policies and regulations of County water, sewer,
storm sewer,
b) uttlity and spectal service districts,
c) conform to County transportanon plans and polictes, and
d) tdentify and take steps to resolve signaficant adverse impacts upon
existing utilittes, (i e water, santtary and storm sewers, uhlity,
avarlable and future energy resources), and traffic systems
The Cnrical Areas secnon of the Comprehensive Plan contauis poucies for pnonty vv~ldhfe
habitat, geologically hazazdous areas, wetlands and environmentally sensitive areas These
pohcies are implemented pnmanly through the County Cnhcal Areas Ordinance, codified in
chapter 11.20 of the County Code
Secnons 22-24 of the Comprehensive Plan encourage the review authonty to consider the
unpact of development on existuig water and sewer facihties, and generally require that the use
of such facilities be in accordance wrth adopted policies and plans for uhlities, such as the
Coordinated Water System Plan and the Comprehensive Wastewater Management Plan. The
Coordinated Water System Plan indicates that the site is served by the apphcant, Irvin Water
Distnct No 6
The site is currently zoned Urban Residential-22 (UR-22), a zone wluch specifically
implements the Urban category of the Comprehensive Plan Zoning Code 14 622.100, sets forth
the purpose and intent of the UR-22 zone, as follows.
The pacrpose of the UR-22 zone is to set standards for the orderly
development of residential property in a manner that provrdes a desirable
livtng envtronment that cs compattble with surrounding land uses and
assicres the protection of property values It is cntended that this zone be
used to add to the variety of housing types and densittes, and as an
implementation tool for the Cornprehensrve Plan Urban Category General
characteristics of these areas include paved roads, publtc sewer and water,
accessibility to schools and Itbrartes, and a full hne of picblic services
cncltrdzng manned fire protection and publrc transit accessibtlity Offices
are perniitted in the UR-22 zone rn order to provide some of the service
needs generated by high-rntensity land uses The highest density residefitial
zone, UR-22 is tntended primarily for multiple family dwellings and is
usually located adjacent to major or secondary arterials It is used as a
transrtron between low or medium density multiple family uses and intensive
commercial or low intensity rndustnal uses and to provrde for higher density
housing in locations close to employment, shopping and major
HE Findinjs, Conclusions and Decision VE-5-00 Page 6
.
transportation where movements of people can be handled effieiently and
with least overall adverse impact
A"public uhhty local distnbuhon system", which is defined by the Zoni.ng Code to
include, wrthout lunitarion, any building, structure or device which transfers duectly to the
public water provided by a pubhc utility, and all other necessary facilities, eqwpment and
structures necessary for conducting a local distnbution of water by such uhlity, is a permitted use
in the UR-22 zone See Zomng Code 14 300 100 (defuuhons), and Zomng Code Chapter
14 605 Such use must still comply with the development standards of the UR-22 zone Zomng
Code 14 622.335 unposes a maxunum structure and bwlding height of 50 feet in the UR 22
zone If the water standpipe reservoir conshtutes a"pubuc uhlity local distnbution system",
then a height vanance is needed by the apphcant
Zomng Code 14 300.100 provides a separate definition for a"pubhc utahty transmission
facihty". The defuunon vvith regard to water facihties is sunilar to that for a"pubhc utlhty local
distnbution facilrty", except that the utility service is transferred indtrectly to the pubhc, instead
of directly. Such definition specifically includes substahons, swrtclung stahons and
"reservoirs" A"pubuc unhty transmission facihty" is a pernutted use in the UR-22 zone,
subject to certain special development standards, uicluding a showing that the use is comparible
wnth surrounduig propemes See Zomng Code 14.622 210 (B)(1). The maximum permissible
height for such facilrty in the UR-22 zone is 125 feet, meatung that the apphcant would not need
a vanance for the project The other general development standards of the UR-22 feet, other than
maximum height, as well as the special development standards for such use, would still have to
be complied with.
It is not at all clear to the Examiner wluch defuution set forth above best fits the project.
Water from the reservou would appear to duectly serve the pubhc, however, the defininon of
"public utility transrrvssion facility" specifically includes a"reservoir" Since the apphcant has
not contested the apphcability of the maximum height lunitation of 50 feet in the UR-22, the
Exanuner has analyzed the project as if it was a"pubhc uhhty distnbuhon facilrty". Smce the
project proposes a height of 85 feet, a height vanance is required The Division of Planiung is
strongly encouraged to consult with the Civil Division of the County Prosecutor's office for an
interpretarion of the Zomng Code wrth regard to sumlar projects in the future, to ensure that a
height vanance is not being needlessly required
The proposed water pipe would be installed pursuant to the applicant's water system plan
recently approved by the Washington State Department of Social and Health Services, wluch
necessrtates that the water pipe be placed at an elevation such as the srte provides. The site
represents the best of the alternative sites avallable to the apphcant See teshmony of Michael
Morse The rocky nature of the site and its steep rock outcroppings precludes most development,
including residential and commercial uses, allowed in the UR-22 zone.
County Cntical Areas maps designate the site within a geologically hazardous area due to
the presence of erodible soils The soil type on the site, SuE, is listed as presenting a severe
threat of water erosion in Appendix H of the Cnncal Areas Ordulance The srte also contains
some extremely steep slopes, well in excess of 30% A geo-hazazd evaluatton should have been
submitted to the Division of Plaruung before the public heanng, but was erroneously found not to
be necessary by County staff
HE Fmdings, Conclusions and Decision VE-5-00 Page 7
After the public hearing, a geo-hazard evaluation was subnutted by a qualified engineer
retauied by the applicant. The evaluation has been admitted into the record by the Examiner.
See letter dated June 6, 2000 from MSCE, Inc. to James Richardson. The geo-hazard evaluation
indicates that the erodible soils of concern exist primanly along the route of the reservoir
transnussion maui and access route The evaluation is comprehensive and appears to adequately
identify and evaluate the geo-hazards presented by development of both the site and the
associated access and unlity easement, and recommend nutigating measures. The Examiner has
added a cond.inon of approval requinng that such mitigatuig measures, and any addihonal geo-
hazard mitigahon plan required before site development, be followed
County Cntical Areas maps designating pnonty vvildhfe habitat designate the site and
surrounding area wnthin Urban Natural Open Space The Staff Report fails to note tZus, and the
Exammer discovered such designation after the public heanng upon reviewing the applicable
map The Exammer cannot sunply overlook this requirement The County Cnhcal Areas
Ordmance in such uistances reqiures the County Division of Planning to contact the Washuigton
State Department of Fish and Wildlife (WDFV), to help deternune if a habitat management plan
is needed
Considenng the relatively low unpact of the project, the location of the site outside the
fenced conservancy area owned by the Washington State Depardment of Natural Resources to the
east, and the Examiner's expenence with WDFW's typical recommendations for minor
developments proposed in Urban Natural Open Space, the chances are extremely lugh that the
Washington Department of Fish and Wildhfe (WDFV) would not request preparation of a
habitat management plan for the proposal The Exammer has therefore added a condition of
approval requinug Division of Planiung staff to contact the WDFW and make a detemunation as
to whether a habitat management plan is requued if so, the applicant is required to comply with
the recommendahons of such agency
The Staff Report otherwise provides a logical and sufficient analysis of the consistency of
the project with the vanance cntena contained in the County Zomng Code, which analysis the
Exammer hereby uicorporates hereui and adopts by reference as findings of fact and conclusions
of law. This also sansfies the sunilar vanance cntena contained m RCW 36.70 810
As conditioned, the apphcation will be reasonably compatible with neighboruig land uses,
complies with apphcable development regulations and generally conforms with the
Comprehensive Plan and the purpose and intent of the UR-22 zone
IV. DECISION
Based on the Findings of Fact and Conclusions of Law stated above, the application for a
vanance from the requirement of the UR-22 zone that structures be hnuted to a maxunum height
of 50 feet, to allow development of a public utility standpipe reservou for water storage at a
maxunum height of 85 feet, is hereby approved, subject to the conditions listed below Any
conditions of such agencies which have been added or sigruficantly revised by the Heanng
Exammer are itahcized
HE Findings, Conclusions and Decision VE-5-00 Page 8
,
.
Failure to comply wrth the condirions of this approval may result in suspension or
revocation of the vanance by the Heanng Examuier.
SPOKANE COUNTY DIVISION OF PLANNING
1. All condrtions unposed by the Hearing Exanuner shall be bindmg on the "Appucant",
wluch term shall include the owner(s) and developer(s) of the property, and theu heirs, assigas
and successors
2. The proposal shall comply wnth the Urban Residenhal-22 (LTR-22) zone, the Aquifer
Sensitave Area Overlay zone, and other appltcable provisrons of the Spokane County Zorang
Code, as amended
3. The apphcant shall develop the subject property in substanhal accordance with the site
plan of record submitted to the Division of Planntng on March 20, 2000, provided, that the
standpipe reservoir may be moved approximately 20 feet east on the site as proposed at the publzc
heanng Minor vanations, to be approved by the Duector of the Division of Planiung/designee,
shall only be allowed to meet development regulations and condihons of approval Any other
modificahon must be subrrutted by wntten apphcation to the Division and approved by the
Heanng Examiner after a public hearuig.
4. This proposal is withn the Aquifer Sensirive Area, therefore any unpervious surfaces
(access roads, out buildings, etc. ) created will need to comply wrth the Gtudeluies for
Stormwater Management Erosion and sediment control will also need to be addressed if any
County permits relating to site disturbmg activities are reqwred, (i e a construction and/or
graduig permrt)
5 Due to its elevated location and the proposed 85 foot height, the landscape screening
required under Section 14 806 of the Zorung Code and as shown on the site plan of record would
have very httle practical effect Further, landscape plantings on the rock outcrop and associated
steep slopes may be unpractical The reservou site contauis a number of large pine trees wluch
have managed to estabhsh themselves on the rock outcrop and should be retained wherever
feasible Pnor to construction, the applicant shall subirut to the Division of Planning a tree
retention plan wluch approximately locates the trees to be removed or retained A review of that
plan will determine whether or not supplemental plantings anll be necessary to satisfy the
landscaping requirement under Section 14 806 of the Zorung Code
6 County Crittcal Areas maps designate the site within Urban Natural Open Space, a praortty
wildltfe habitat Divrston of Planning staff shall promptly contact the Washington State
Department of Fcsh and Wildlife to determine whether a habitat management plan needs to be
prepared if so, the appltcant shall have such plan prepared by a qualified biologrst and
submatted to the Divi.ston for review and approval The applicant shall comply with the
recommendations in the habitat management plan, if approved
7 County Crrtical Areas maps desrgnate the site as having erodtble soils and steep slopes
For any szte development, the applicant shall comply with the recommendations of the geo-
hazard evaluation prepared for the proJect by MSCE, Inc, dated June 6, 2000, as accepted by
HE Findings, Conclusions and Decision VE-5-00 Page 9
/
the Dtvtston of Planning, and any subsequent geo-hazard mingatron plan required to be
prepared by the Dtvtston. %
8 The apphcant shall comply wrth the County Crnccal Areas Ordinance, as amended
DATED this 21 st day of June, 2000
SPOK;ANE OUNTY HEARING E R
~
1Vhchael C. Dempsey, V~BA #82
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Spokane County Resolution No 96-0171, the decision of the Heanng Examiner
on an apphcation for a vanance is final and conclusive unless wrthin twenty-one (21) calendar days
from the issuance of the Exanuner's decision, a party with standing files a land use peuhon m
supenor court pursuant to chapter 36.70C RCW. Pursuant to chapter 36 70C RCW, the date of
issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
Tlus Decision was mauled by Cemfied Mail to the Applicant on June 21, 2000. The date of
issuance of the Hearing Examiner's decision is therefore June 26, 2000, counting to the next
business day when the last day for mailing falls on a weekend or holiday THE LAST DAY FOR
APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS
JULY 17. 2000.
The complete record in this matter, including tlus decision, is on file dunug the appeal penod
wrth the Office of the Heanng Examiner, T'hird Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245 The file may be inspected Monday - Fnday
of each week, except holidays, between the hours of 8 00 a m. and 4 00 p m. Copies of the
documents in the record will be made available at the cost set by Spokane County
HE Findings, Conclusions and Decision VE-5-00 Page 10
E"NGINEER'S REVIEW SHEErI'
Project SWws Active
As Built Plans Received Varianee File vEl -0005-00 -oo
Road Plans Approved
Companian Files:
New Road Standards 5-15-95 Mylar
Related Files:
Hearink: 05/31/2000 10:30 I3uilding Depc:
Technical Review:
Preliminary Review: 04/10/2000 Type: Scheduled For L.arge Lot i Bldg. Square Feet
Date Received: 43/27/2000 No. Lots: No. Acres: 0.38
Project Name WATER ItESERVOIR & TRANSMISSION MAIN 85' CODE 50' IRVIN WATER DIST 875,000 GAL
Site Address N. CHERRY, S. MIRAREAU, E. Y1NES, W. SULLIVAN,
Applicant h Range-Township-Sectian: 44 - 25 - 10 PARCEL(S): (first 20)
Conditions Mailed: ~6V 45102.9046
[RVIN WATLR DIS7'RICT #G F'lood Zone '~o
1 I 907 E. Trent Av Water Source
SPOKANE, WA 99206-
Sewer Source
Phune Fax School Dist 361
(509) 742-8791 (509) 924-9084 Fire Dist
(i09) 924-9320 Phone Dist
Owner
IRVIN WATER D[STItICT #6
11907 E. l'rent Av
SPnI:ANE. W:1 992116-
Yhone Fax
.
(509) 742-8791 (509) 924-9084
009)924-9320
I3u11ding I'h: 477-367; P131111ing 11h: 477-1 205 Cuntact: JIti1 RICf fAKL)SUN
Date Submitted Description lnitiats
Cng Need Technically Complete Eng Necd Han-ard Rd Mitigation
Eng Need Drainage Plans Cng Need Traftic Analysis Eng Need Other
Eng Agree Pay Fees Received Eng Final Plat Fees Completed
Copy to Accounting
Eng Agree Priority Fees Received 03/22/2000 Eng Prelim Plat Fees Completed
Notice to Public / Nmice: to Public # 1 3 d 6 Compteted - or Needs to bc signed
Uesign Ueviation Dates (In-Out)
'
T335c quarnies or
drainage item calculated
.
Hearing Date Decision App V Den Cond Appld [3CC
Appealed to BCC Decision App Den Cond Appld Court I
Appealed to Court Decision App Den Cond Appld
Stamped Mylars ta Secretary (Sandy)
/ Stampcd 208 Lot Plans to 5ecrctary (Sandy)
Pro;ectstatus Active ENGINEER'S REVIEW SHEE'I'
As F3uilt Plans Iteceived Variance File VE-0005-00 -oo
Road Plans Approved Companion Files:
New Road Standards $-I3-95 Mylar
Related Files:
Hearing: C3uilcling Dcpt:
Technical Review:
Preliminary Revicw: 04/10/2000 Type: Scheduled Fur Largz Lot Bldg. Square Feet
Date Received: 03/27/2000 No. Lots: No. Acres: 0.38
Project Name WATER RESERVOIR & TRANSMISSION MAIN SS' CODE 50' IRVIN WATER DIST 875,000 GAL
Site Address N. CNERRY, S. MIRABEAU, T. PINCS, W. SULLlVAN,
Applicant Range=Town,hip-Sectiun: 4:3 -?5 - 10 PARCEL(S): (tirst 20)
Conditions Mailed: 45102.9046
IRVIN W.1TER DIS'1RIc'T ~t6 Flood ZonL No
11907 E. "trent Av Water Source
SPOKANE, WA 99206-
Sewer Source
Phonc Fax School Dist ~61
(509) 742-8791 (509) 924-9084 Fire Dist
(509) 924-9320 Phone I)ist
Owner
iRVIN WATER DISTRICT #ci
11907 E. Trent Av
SPOKANF, %4':1 99206-
Phone l=ax
(509) 742-879 i t 5i)`)1 1>24-9684
(509) 924-9320
[3uilding Ph: 477-36; ~ i Pianning k'It .377-2205 Cuntact: IIR4 1Z1C'H:1(ZUScN
Date Submitted Description Initials
Eng Need Technically Gomplete Eng Need Flarvard Rd Mitigation
Eng Need Drainage Plans Eng Necd TralTic Analysis Lng Necd O[her
Eng Agree Pay Fees Received Eng Final Plat Fees Completed Capy to .Accuunting
Eng Agree Priority FeES Received 03/22/2004 Eng Prelim Plat Fees Complete(l
Nutice to Public ! Noticc to Public ~ 1 3 4 6 Compieted - nr Needs to be signeci
Design Deviation Dates IIn-nutj
TTona quanu'es•To
drainage item calculateil
Ifearing Date Decision App Den Cond Appld I3C'C
Appealed to BCC Decision App Den Cond Appld C'ourt
Appcaled to Court Decisian Api, nen Cond Appid
Stantped Mylars to Secretary (Sandy i
/ / Stnmped 208 Lot Pians to Secretnry (Sand; )
• • -
, - . . . . - .
~
I1 STAFF REPORT TO THE HEARING EXAMINER
,
File VE-5-00
A~~I~~
111 IIII ~ III DIVISION OF PLANNING
SPOm~'T cout-uy
HEARING DATE: May 31, 2000 at FILE VE-5-00
PROJECT PLANNER: James Richardson, Associate Planner
PROJECT DESCRIPTION: Variance request to allow the construction of an 85 foot tall standpipe
reservoir whereas Section 14.622.335 of the Spokane County Zoning Code allows a maximum
structure height of 50 feet within the Urban Residential (UR-22) zone.
Proiect Data
Project Address and Location: An address has not been assigned to the site which
is Iocated approximately 800 feet east of the 2600
block of North Pines Road in the NW '/4 of Section
10, Township 25 North, Range 44, E.W.M., Spokane
County, Washington.
Parcel Number: A portion of 45102.9046
Owner: Irvin Water District #6
11907 East Trent Ave.
Spokane, WA. 99206
(509) 924-9320
Comprehensive Plan Urban (U)
Designation: .
Zoning: Urban Residential (UR-22)
Existing Land Use: The site is presently vacant.
Surrounding Zoning and Land Uses:
• North: A 15 acre parcel of vacant UR-22 zoned land lies
north of the site.
• South: Land located south of the proposal is zoned Urban
Residential (UR-22) and has been developed for
apartments.
• East: To the east of the site is a large parcel (100 acres)
zoned Rural-Residential-10 (RR-10) which is the site
of the Mirabeau Commercial and Industrial Park.
VE-5-00
Staff Report - May 31, 2000 Public Hearing
1 of 6
. - - - ~
• West: Land located west of the proposal and west of Pines
Road is zoned Urban Residential (UR-22) and has
been developed for apartments.
Known Land Use Proposals and The most recent land use action approved for
Recent Project Approvals in the development of land located in the vicinity of this
Area of this Project: proposal involves a 125' tall telecommunications
tower constructed by GTE in 1999. This tower site is
located in the UR-22 zone approximately 1/4 mile
southwest of this project site.
Land Division Status: The reservoir site will be segregated through a
Certificate of Exemption as provided for under
Section 12.100.110(6) of the County Subdivision
Code. The legal description for this parcel is an
attachment to the variance application.
5horeiine Uesignation: Not applicable.
Vllater wurveyor: The project site is the Irvin Water District.
5ewage Disposal: Not applicable.
Fire Uistrict The site is in Spokane County Fire Protection District
No.1. The fire district has indicated support for the
proposed water reservoir.
School District and nearest K-12 The site is inside the boundaries of East Valley
schools: School District No. 361. The proposal has no impact
on student capacity and therefore, the Central Valley
School District did not comment.
Nearest Arterial and Distance: Access to the reservoir site is provided by a 15 foot
wide private road and utility easement across the
parent parcel and as graphically described on the
site plan. A legal description for this easement is
included as an attachment to the variance
application. North Pines Road is approximately 800
feet west of the site.
Nearest Parks and Distance: The Mirabeau Commercial and Industrial Park is
adjacent to the proposed reservoir site to the east.
The proposal will have no impact on the public park
system and therefore, the Spokane County Division
of Parks, Recreation and Fair was not contacted
regarding this proposal.
Neighborhood Association: None. ,
• This proposal is located inside the IUGA.
• This proposal is located inside a Public Transportation Benefit Area (PTBA). Public
transit service is available on Pines Road, however, none will be required to service this
proposal.
• This proposal is located outside a{I 1000' notification boundaries of designated Natural
Resource Lands.
vE-5-ao
Staff Report - May 31, 2000 Public Hearing
2 af 6
i
GMA/Critical Areas - Aquifer Recharge Area: The subject site is located inside both the
Priority Sewer Service Area (PSSA) and the
Aquifer Sensitive Area (ASA) Overlay zone.
Fish & Wildlife Habitat Conservation Areas: The Critical Area map for fish and wildlife
habitat identifies no habitat on the property.
Due to the small scale of the project, the
WA. State Department of Fish and Wildlife
was not contacted. No habitat management
plan is required.
Flood plain: Review of FIRM indicates the site is located
in Zone C and outside any 100 year flood
plain.
Geologically Hazardous Areas: Although erodable soils are mapped on site
per the Critical Area maps, no evidence of
erosion was observed during the site visit.
The reservoir site is a solid rock outcrop
sloping steeply to the north, south, and west
as documented by the topographic
information provided on the site plan and
attested to in the Burden of Proof form
included with the application. The Spokane
County Soil Survey maps the site as
Spokane Extremely Rocky Complex (SuE),
which contains solid rock outcrops as
identified on the site. Due to the level of
documentation and based on a site
inspection, the requirement for a more
detailed geo-hazard evaluation has been
waived.
Wetlands: Review of the Spokane County Wetland
Inventory maps indicates no wetlands exist
on the subject site.
SEPA
❑ Categorically Exempt (WAC 197-11- 800 - 6 b)
Noticinq
Published: Notice was published in the Spokesman Review Legat Section on May , 2000.
Mailed: The Notice of Application and the Notice of Hearing was mailed to taxpayers/owners of
property located within 400 feet of the boundaries of the subject site on April 5 and May , 2000,
respectively.
1724 Compliance Dates
Application Accepted (Counter Complete): March 20, 2000
Determination of Completeness Issued: April 10, 2000
Date Notice of Decision is Due: June 14, 2000
VE-5-00
Staff Report - May 31, 2000 Public Hearing
3 of 6
' • .
Reviewinq Aqencies
A total of six (6) agencies were notified regarding the proposal. Final comments were due April 10, 2000.
Agencies Notified Response Date Agencies Notified Response Date Received Received Received Received
Spokane County Division Yes March 28, Spokane Regional No
of Engineering 2000 Health District
Development Engineering No East Valley School No
Services District #361
Spokane County Division Yes April 11, Spokane County Fire Yes March 29,
of Utilities 2000 District No. 1 2000
Spokane County Yes April 10,
Stormwater Utility 2000
Responses from the Public: No letters were received in opposition to or in support of the
proposed variance.
DescriQtion of the Site: The site is approximately 16,553 square feet in size, rectangular in
shape and consists of a solid rock outcrop. Several large pine trees are found within the the
reservoir site itself. The property is presently vacant and is accessible only by foot travel.
Description of Surroundina Neiahborhood: Properties adjoining the site to the south and
west are primarily apartment residences developed at a density of approximately sixteen (16)
dwelling units per acre. The nearest single family development is located approximately '/4 mile
to the northwest and across Pines Road. The East Valley School District administration offices
are the first use adjoining the site to the north. The Mirabeau Commercial and Industrial Park
presently consisting of 100 wooded acres adjoins the site to the east.
Backqround: A pre-conference for the proposal was held on March 14, 2000. The application
was submitted on March 20, 2000, at which time the proposal was considered counter complete.
No technical review meeting was held and the applicant was in#ormed that the proposal was
considered technically complete on April 4, 2000.
Staff Analysis: The reservoir site is located in the Urban Residential (UR-22) zone. Section
14.622.355 of the Spokane County Zoning Code specifies a maximum structure height of 50 feet
in the UR-22 zoning district.
The Spokane County Comprehensive Plan Objective 22.2a states that "Water systems for urban
and suburban development must include adequate supply and distribution systems for domestic .
use and fire protection." The subject proposal furthers this objective, especially in light of the
approved Mirabeau Commercial and Industrial Park immediately adjoining the site to the east.
Section 14.404.081 of the Zoning Code, Variances and Conditional Use Permits, recognizes that
circumstances may exist such that strict application of the provisions of the Zoning Code may
cause practical difficulties regarding the use of the property. Upon demonstration to the Hearing
Examiner by the property owner of circumstances which create practical difficulties, the Hearing
Examiner may grant a variance from the provisions of the Zoning Code.
In order for a variance request to receive approval, compliance with Section14.404.082 (1-3) of
the Spokane County Zoning Code must be demonstrated by the applicant.
VE-5-00
Staff Report - May 31, 2000 Public Hearing
4of6
-
. •
l '
Any variance from the terms of the Zoning Code shall be subject to those conditions specifically
identified in Section 14.404.082 (1 a&b). Analysis of the proposal with Section 14.404.082 (1 a&
1 b) are as follows:
Response to 14.404.082(la): The proposed reservoir site is the only property within the Irvin
Water District with sufficient elevation to function as water storage facility and still maintain a
single pressure zone system. The steep slopes and elevation which make the property unsuitable
for the residential uses permitted within the UR-22 zone make it uniquely desirable as a reservoi:
site. Staff finds this set of special circumstances to be well documented in the application and th,~t
a strict application of the 50 foot height limitation would cause practical engineering difficulties
and added expense to the water district and all of its' customers.
Response to Section 14.404.082(lb): The 85 foot tall reservoir of will actually advance the
public welfare by providing improved water service and fire flow for the property and
improvements within the vicinity and zone in which the property is located.
The following analysis of Sections 14.404.082 (2 & 3), while not to be considered as sole
substantiation, shall be considered in the granting of a variance.
Response to Section 14.404.082(2a): Strict application of Section 14.622.355 would create an
unreasonable burden on the water district and all of its' customers. The stated purpose of the
County Zoning Code is to promote the public health, safety and general welfare as charged under
RCW 36.70.560. Improved water service and fire flow clearly advances that purpose.
Response to Section 14,404.082(2b): Relaxation of the Zoning Code standard for the specified
50 foot height limitation for the Urban Residential (UR-22) zone will not allow a more
environmentally sensitive, energy conserving design or result in the adaptive reuse of a historic
property.
Response to Section 14.404.082(2c): A broader public or community need or interest will be
served by the granting of this variance request.
Response to Section 14.404.082(3a): The granting of the variance would not be based upon a
precedent established by illegal or non-conforming circumstances. Irvin water district has a
similar reservoir facility which was lawfully established approximately 2000 feet southwest of the
proposed site.
Response to Section 14.404.082(3b): No precedent would be established which will adversely
effect the zoning concept for the existing neighborhood or the County as a whole.
Response to Section 14.404.082(3c): Granting of the variance would not be based on lack of
economic return.
Response to Section 14.404.082(3d): The proposal is consistent with the Goals, Objectives
and Decision Guidelines of the Urban category of the Comprehensive Plan and the Urban Area
designation of the Spokane County Shoreline Program.
Response to Section 14.404.082(3e): The proposed reservoir site was chosen because of its'
elevation and location.
VE-5-00
Staff Report - May 31, 2000 Public Hearing
5 of 6
. , I
I
. . .
Response to Secdon : Although the Heayy ilidustrial (I-3) zone ailows a
,~.404.082(3~
structural height of 65 feet, there is no zone within the water district or within the zoning code
which aliows the necessary 85 foot height. Approval of the proposal will not result in a de facto
zone change.
Response to Secfion 14.404.082(3g): The proposai does not impact density regulations since
no dwelling units are proposed.
Summary: As conditioned by the reviewing agencies, the proposal achieves consistency with
the Goals, Objectives and Decision Guidelines of the Urban Category of the Comprehensive
Plan. The requested variance is also consistent with the criteria for the approval of variances
identified within Section 14.404 of the County Zoning Code and as discussed at length above.
Attachments:
A. Maps
• Vicinity Map
• Site Plan
• Comprehensive P{an
• Zoning
B. Conditions of Approval
C. Agency and Public Comments
VE-5-00
Staff Report - May 31, 2000 Public Hearing
6 of 6
ATTACHMENT A
MAPs
VICINITY MAP
SITE PLAN
COMPREHENSIVE PLAN MAP
ZONING MAP
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Subject Property within IUGA. A14116'"' Subject Property within UTA.
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VE-05-00
Existing Zoning
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I $cafe : 1 inch - 875 ft 05/25J00 Existing Zoning
ATTACHMENT B
CONDITIONS OF APPROVAL
1
~ RECOMMENDED CONDITIONS OF
~
I APPROVAL FOR VE-5-00
.
DIVISION OF PLANNING
SPOMI\T COUNUT
1. All conditions imposed by the Hearing Examiner shail be binding on the "Appiicantwhich
term shall include the developer, owner(s) of the property, heirs, assigns and successors.
2. The proposal shall comply with the general provisions of the Urban Residential (UR-22)
zone and all other applicable chapters of the Spokane County Zoning Code, as amended.
3. The applicant shall develop the subject property in substantial conformance with the site
plan presented to the Hearing Examiner on May 31, 2000. All aspects of the concept and
proposal shall be binding on the development, including proposed use. Minor variations,
to be approved by the Director of the Division of Planning/designee, shall only be allowed
to meet regulation standards and conditions of approval. Any other modification must be
presented to the Hearing Examiner for review and approval.
4. This proposal is within the Aquifer Sensitive Area, therefore any impervious surfaces
(access roads, out buildings, etc..) created will need to comply with the Guidelines for
Stormwater Management. Erosion and sediment control will also need to be addressed if
any County permits relating to site disturbing activities are required, (i.e. a construction
and/or grading permit).
5. Due to its elevated location and the proposed 85 foot height, the landscape screening
required under Section 14.806 of the Zoning Code and as shown on the site plan of record
would have very little practical effect. Further, landscape plantings on the rock outcrop
and associated steep slopes may be impractical. The reservoir site contains a number of
large pine trees which have managed to establish themselves on the rock outcrop and
should be retained wherever feasible. Prior to construction, the applicant shall submit to
the Division of Planning a tree retention plan which approximately locates the trees to be
removed or retained. A review of that plan will determine whether or not supplemental
plantings will be necessary to satisfy the landscaping requirement under Section 14.806 of
the Zoning Code.
ATTACHMENT C
AGENCY COMMENTS
- .
t
~ OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243
"ENGINEER'S CONDITIONS OF APPROVAL" VARIANCE
TO: Spokane County Planning Department
FROM: Division of Engineering & Roads 5cc%1l
DATE: May 8, 2000
PROJECT: WATER RESERVOIR 85' CODE 50' IRVIN WD
FILE VE-0005-00
Hearing 05/31/2000 @10:30
Review Date: 04/10/2000
Sponsor/Applicant: IRVIN WD
Section Township Range: 10-25-44
Planner: JIM RICHARDSON
The Spokane County Engineering Department has reviewed the above referenced application. The
following "Conditions of Approval" are submitted to the Spokane County Planning Department for
inclusion in the "Findings of Fact, Conclusions and Order/Decision " should the request be approved.
1. We have reviewed the above referenced proposal and have no comments to make concerning
the application.
END
I
I
,
R'=~ SPOKANE REGIONAL HEALTH DISTRICT
SPO~;~,i~l~ ENVIRONMENTAL HEALTH DIVISION
- - ~ - INTEROFFICE MEMO
CU; t=PL'.`.'i
DATE: April 17, 2000
v
TO: James Richardson, Associate Planner, Spokane County Division of
Current Planning
)
FROM: Donald T. Lynch EHS II - EHD, SRHD
SUBJECT: VE-5-00 (Morse)
The Spokane Regional Health District has reviewed the above mentioned action. We
offer no comment at this time. We reserve the right for future comments.
_ ~ , • ~ .
Richardson, James
From: Hemmings, Bill
Sent: Tuesday, March 28, 2000 9:29 AM
To: Richardson, James
Cc: Engelhard, Scott; Kimball, Sandy; Sims, Brenda; Milier, Katherine; Darrell, Virginia; Parry, Ed
Subject: VE-5-00 - Irvin Water District#6
3-28-00 I
I have no comment on this proposal.
Fi& ~e~x~scucad , P5
Page 1
. , .
To: JAMES RICHARDSON (Current Planning)
CC:
From: JIM RED (Utilities)
Date: 04/11/2000
Subject: VE-0005-00 Stage: Pre-Application Phase:
Water Tower Height
Variance
ss01 a This proposal has no impact on sewer facilities and; therefore, there are no recommendations.
- ~
M E M O R A N D U M
DATE: April 10, 2000
TO: James Richardson, Current Planning
FROM: Katherine ktiller_ I'.T.T. arcj VImlill? nnrrell. P.F.:Storrmviter
Utiliri
RE: VE-05-00, `Vater I~ovcr
CC:
i iiis proposal is within tne AGuifer Sensitive Area, therefore any impervious suraces (access
roads, out buildings, etc..) created will need to comply with the Guidelines for Stormwater
Management. Erosion and sediment control will also need to be addressed if any County
permits relating to site disturbing activities are required, (i.e. a construction and/or grading
permit).
We have no further comments at this time.
C 1WitrD0WSITEMP1ve0500.d0c
03/30400 TflU 09:09 FAa 509 892 4125 SPORANE VALLEY FIRE DEPT PI.ANNING z00s
' SPOKANE VAILEY FlRE DEPARTMENT
~ Spokane Counfy FJre District 1 _
10319 EA5T SPRAGuE AvE. • SPOKANE, wa 99206-3676 • (509) 928-1700 * FAX (509) 892-4125
, R. Pat Hunnphries
Chtsf
. March 29, 2000
James Richardson, Associate Pianner
Departrnent of Buiiding and Planning RECElVEG
1026 W. Broadway SPO KAN E CO UNTY
Spokane, WA 99260 MAR .10
2000
RE: Variance
VE-S-OO CURRENT PLANNING DMSIOM
Dear Mr. Richardson:
The Spokane Valley Fire Department has no objection to the issuance of varianr,e for
this project.
Sincerely,
Kevin Miilec
Fire [nspector
KM/dc
~ OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243
,S'Y*~A`':c"`N.`} "ENGINEER'S CONDITIONS OF APPROVAL" VARIANCE
TO: Spokane County Planning Department
FROM: Division of Engineering & Roads
)t
DATE: May 8, 2000
PROJECT: WATER RESE;RVOIR 85' CODE 50' IRVIN WD
FILE VE-0005-00
Hearing 05/31 /2000 @ 10:30
Review Date: 04/10/2000
Sponsor/Applicant: IRVIN WD
Section Township Range: 10-25-44
Planner: JIM RICHARDSON
The Spokane County Engineering Department has reviewed the above referenced application. The
following "Conditions of Approval" are submitted to the Spokane County Planning Department for
inclusion in the "Findings of Fact, Conclusions and Order/Decision " should the request be approved.
1. We have reviewed the above referenced proposal and have no comments to make concerning
the application.
END
CC: Applicant IRVICd
~ngineer/Surveyor
Planner JIM RICHA.DSON
~
, . RECEIVED
MAY 0 3 2000
,
SpOKANE COUNTY ENGINEER
,
S P O K A N E ~ C O U N T Y
PLAIVNING A DMSION OF THE PUBLIC WORKS DEPARTMENT
Gary Oberg, Director
MEMORANDUM
TO: Spokane County Division of Engineering; Scott Engelhard, c/o Sandy Kimball
Development Engineering Services; Bill Hemmings
Spokane County Division of Utilities; Jim Red
Spokane County Stormwater Utility; Brenda Sims
Spokane Regional Health District; Steve Holderby
Spokane County Division of Building & Code Enforcement; Jeff Forry
Fire District No. 1
Irvin Water District #6 T12,
FROM: James Richardson, Associate Planner
DATE: May 3, 2000
SUBJECT: Review and comments for the hearing of May 31, 2000 at 10:30 a.m.
FILE VE-5-00
DESCRIPTION: Variance request to allow the construction of an 85 foot tall
standpipe resevoir whereas Section 14.622.335 of the Spokane County Zoning
Code allows a maximum structure height of 50 feet within the Urban
Residential(UR-22) zone.
STR: 10-25-44
APPLICANT: MSCE, Inc. c/o Mike Morse, 7147 North Fleming, Spokane, WA.
99208, (509) 328-1583
Note tllat tfie application and maps were previously circulated to your agency.
Please review and return any comments to me by May 17, -2000.
Attachments: Notice of Public Hearing
1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0220
PHONE: (509) 477-7200 9 FAX: (509) 477•2243 a TDD: (509) 477-7133
NOTICE OF PUBLIC HEARING
SPOKANE COUNTY HEAR.ING E R
TO: .All interested persons, and owners/taxpayers withi.n 400 feet
YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE
LAND USE A.PPLICATION LISTED BELOW, AS FOLLOWS:
Application: File No. VE-5-00; Variance request to aiiow the construction of an 85 foot tall standpipe
resevoir whereas Section 14.622.335 of the Spokane County Zoning Code alfows a maximum structurz
height of 50 feet within the Urban Residential(UR-22) zone.
Hearing Date and Time: May 31, 2000 @ 10:30 a.m.
Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026
West Broadway, Spokane, Washington.
Owner: Irvin Water District #6, 11907 East Trent Ave., Spokane, WA. 99206
Applicant: MSCE, Inc. clo Mike Morse, 7147 North Fleming, Spokane, WA. 99208, (509) 328-1583
Address and Location: Generally located approximately 800 feet east of the 2600 block of North Pines
Road in the NW of Section 10, Township 25 North, Range 44, E.W.M., Spokane County,
Washington.
Comprehensive Plan: Urban
Zoning Designation: Urban Residential (UR-22)
Related Permits: Certificate of Exemption per 12.100.110(6) Subd. Code
Division of Planning Staff: James R.ichardson, Associate Planner, (509) 477-716$
HEARING EXAMI`fER PROCEDURES
Hearing Process and Appeals: The hearing Nvill be conducted under the rules of procedure adopted in
Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearina, and
may submit tivritten comments and documents before or at the hearing. The Hearing Examiner may limit
the time given to speakers. A speaker representing each side of the issue is encouraged. Any appeal of
the Hearincr Examiner's decision will be based on the record established before the Hearin__ Examiner,
pursuant to County Resolution Nos. 96-0171. Environmental appeals will follow the same procedural
route as the underlvina action. All hearinas will be conducted in facilities which are accessible to
persons with physical disabilities.
Inspection of File, Copies of Documents: A Staff Report tivill generally be available for inspection
seven days before thz hearinQ. The Staff Report and application file may be inspected at the Spokane
County Division of Planning, 1' Floor Permit Center, Public tiVorks Building, 1026 W. Broad~vav,
Spokane, WA 99260-0?20, beriveen 8 a.m. and 4 p.m., weekdays, ~1-F, except holidays. Copizs of
documents vvill be made available for the cost of reproduction. If you have any questions or special
needs, please call the Division at (509) 477-7200. Send written comments to the Spokane County
Division of Plannina. 1026 W. Broadway, Spokane, WA 99260, Attn: James R.ichardson, VE-5-00.
Niotions must be made in writinQ and submitted to the Spokane County Hearina Examiner, 3`d Floor,
Public Works BuildinQ. 1026 W. Broadway, Spokane, WA 99260-0245.
~ _
• oka County Public o
Transportation • • Section,
1 on of County • •
Memo
To: Spokane County Planning
Planner: JIM RICHARDSON
From: Scott Engelhard, Transportation Engineering SP & DES Coordinator S'c-.•
Subject: V-0005-00
Applicant: IRVIN WD
Date: April 13, 2000
RE: Variance Review
We have reviewed the above referenced propos.:fl and have no comments to make
concerning the anplica±ion.
CC: Applicar_t ZRVIf1 wD
Engineer;Surveyor
Planner JIM RICHAPDSODJ
Kimball, Sandy
From: Hemmings, Bill
Sent: Tuesday, March 28, 2000 9:29 AM
To: Richardson, James
Cc: Engelhard, Scott; Kimball, Sandy; Sims, Brenda; Miller, Katherine; Darrell, Virginia; Parry, Ed
Subject: VE-5-00 - Irvin Water District#6
3-28-00
I have no comment on this proposal.
Page 1
r ~
.
1
1 3 RECE
VED
~
MAR 2 7 2000
S P O K A. N E O U N T Y
OrUNNE~OUN1'y Fh~r1N~~~
PLANNING A DNLSION OF THE PUBLIC WORKS DEPARTMEh i
Gary Oberg, Director
11IF,:11nR:,ND[ T ~I
TO: Division of Engineering and Roads, Transportation Engineering.
Scott Engelhard, c/o Sandy Kimball
Division of Engineering and Roads, Development Services, B i 11 I
Division of Utilities, Information Services, Jim Red Division of Utilities, Stormwater Utility, Brenda Sims
Spokane County Fire District No. 1
East Valley School District #361
FROM: Jim Richardson. Associate Planner
DATE: March 27, 2000
RE: Height Variance for Water
VE-5-00
Enclosed find a site plan and elevation of the above referenced height variance for a
public standpipe resevoir approximately 85 feet in height. The present UR-22 zoning of
the site prescribes a 50- foot height limitation. Please review and forward any comments
~ ,t1 -17
to me by April 10, 2000. If,~t
.'C ~i i ;i ~i il:~ . ;~i ~~~il~ 111 ~'tii:~~l~)~ii1~;;:.
~ r' f. i~ ' •
l ~r { i', _L~ ~ _ ~ - ~ _t_, , ~ :
J~~t11~s IvChardson
Associate Plann~,i
~ncl~stir~
copy w/o enclosures: Irvin Water District #6; 11907 E. Trent Ave.; Spokane, `VA 99206
MSCE, Inc.; 7147 N. Flemming St.; Spokane, WA 99208
1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0220
PHC)NE: (509) 477-7200 • F:LY: (509) 477-2243 • TDD: (509) 477-7133
, ~
1
i
1
.
RECEIVE .`,Y SPOKANE C~ I APPLICATION FOR PUBLIC HEARING ITENIS
,
MAR CuP'S, VARIANCES, NON-CONFORMlNS USES
~
CURRENT DiViSiON OF BUIIDING ANO Pl.ANNiNG
SPOKANE Cnl:l~M
PROPERTY OWNER (NFORMATION
Future Property Owner(s): Irvin Water Distri = N 6
Stree# Address: 11907 Fas fi rPnfi Ai7P •
City: SPokane State: WA Zip Code: 99206
Phone: (F=lefae) 742-8791 (Work) U-4 -9*12D Fax: T4-9()$4
(Pager) APPLICANT/AGENT 1NFORMATION
♦ ApplicanUAgent: Irvin Water DiGfirjCfi na_ 6
Street Address: 11907 East Tj-Pnr Av nuP
City: SPokane State: WA Zip Code: 99206
Phone: (Haa:&) 742-8791 (Work) 924-9320 Fax: 924-9084
( Pager )
REQUESTED ACTlONS(SI (Indicate appropriate action):
❑ Conditional Use Permit ❑ Expansion of a Nonconforming Use
0 Variance(s) O Other (list):
PROJECT 1NFORMATION • Existing use of property: Undevelopsl
• Describe proposzd use of the property, notina chanae from `existinv use': Construct and
operate a public water system storage facility consisting of a steel standpipe
reservoir aDproximatelv 85 fee t-ral l_ ,
• If a variance application, state the Code standard and describe the variance souaht in
comparable terms (i.e., 50 feet from centerline verses required 65 feet): JUR-22 zoning
classification restricts structure height tQ--50 feet • The
pronosed public water reser%a~- n~~P1T 5 fPPt" ta11 ,
• If a conditional use permit application, does proposal meet all standards? Y N
If not, has one or more variances been requested: Y N N/A
• If home industry, has consultation occurred with the Division of Building and Planning
regarding cons;ruction ofi building for intended use? Y N N/A
. ~ .
APPLICATIONS FOR PUBUC HEARING ITEMS P,..GE 2 0` 3
CUP. Variance~Non-contormina Uses
• Size of the subjeci property 0.38 Acres Parcel No.(s): A portion of 45102.9046
• Street address of property (if known): Unkown (adiacent to N. 2600 block of Pines Rd. )
• Legal description of property (include easement, if applicable): See attached sheet
and Figure 1 of 1.
• Source of legal: Spokane Countv Ti rl P C.=nnY nd Msre, Tc ,
• Total amount of adjoining land controlled by this owner, sponsor and/or agent: Nor:'_
• What interest does applicant hold in the property Applicnat and property awner
(LFxH L.L.C.) have reached an a reemen t terms for the rcha:
of property or reservoir site and utility and access easements.
NOTARY
State of Washington)
SS
County of Spokane )
I swear, under penalty of perjury, that: (1) I am the owner of record or authorized agent for
the proposed site; (2) if not the owner, written permission from owner authorizing my actior.
on his/her behalf is attached; and (3) all of the above responses and those on supporting
documents are made truthfully and to the best of my knowledc;
- J
Signed: Uate 3/ i 7 /20U~,
MSCE, Inc. , 147 . Fl ' g St . , Spokane ,
328-1583
tary Public in and for the Sate of Was%WR ~ idin a;
r-ile My appoint `~i`~1~
F~._4ion
: :c,°NOTARy
-r- -
~ • -
BURDEN OF PROOF FORM(S) (by applicant) PUgL1G
It is necessary for the applicant or his/her representative to est reasQu the
requested action should be approved and to literally put forth e~ ~ ia or of
approving the application. Accordingly, you should have bee epI►~ur
requested action (variance, condifiona( use, etc.) designed to help you present your casz in a
way which addresses the criteria which the Hearing Examiner must consider. Please
complete the form and retum with your application.
FOR STAFF USE ONLY
Section Township _ Range Violation/Enforcement: Y N
Lot, legal & add'I. ownership checked by:
Person doing preapp conf.:
Other/previous Division of Building and Planning actions involving this property: '
;
Certificate or Exemption No. Application No. _ j
Hearing Data Various site plan dimensions cneck by '
~
. . . ~ = ti
APPLICATIONS FOR PU6LIC HEARING 1TEMS PAGE 3 of 3
CUP Variance Non-coniormin Uses .
SIGN-OFF 6Y AGENClES
The applicant must visit each agency whose number is circled below.
1. SPOKANE REGIONAL HEALTH D1STRICT
a. Proposed method of water supply /V/F 4r
b. Proposed method of sewage disposai MI-.00,
A preliminary consultation has been held to discuss the proposal. The applipnt has been informed of
requireme ts and standards. We re uest consultation with the Division of BuRding 8 Pfanning: Y~02"~
S' nature Date
2. WATER PURVEYOR:
a. Proposed method of water supply
b. The proposal is/is not located within the boundary of our future service area.
' c. The proposal isrs not Iocated within the boundary of our current disbici
d. We are/are not able to serve this site with adequate water.
e. S tisfactory arrangements have/have not benn made to serve ihis proposal.
S' nature Date
3. SEWAGE DISPOSA7ofwater EYO .
a. Proposed methosupply
b. Proposed method oszwage disposal
A pre(iminary consultation has been held to discuss the proposal. The applicant een informed of
requirements and standards.
Date
Signature
4. FlRE DISTRICT I FIRE MARSHALL J
(
a. Proposed is within Fire Protection District ~
b. Adequare arrangement havemave not been made to meet our needs in providing tor an
adequate water system and facilities for fire protection purposes
c. Recommended fire flow: T9k ~ or un2ble to calculate now because usz is not
deFinitive and will be determined at building permit application time.
d. Requirements include:
~ .
g re Fire Oisirict # Date
App for Public Heanr.9 Items-y10-5a
I
. ~ -
~ • t
Legal description of property for proposed public water system reservoir:
The East 125 feet of the South 132 feet of the following described land:
South 30 rods of the North 43-1/3 rods of West 60 rods of Southwest Quarter of
the Northwest Quarter in Section 10, Township 25 North, Range 44 East of the
Willamette Meridian, except the South 290 feet of the West 450 feet thereof,
except Pines Road on the West; and except that portion, if any within the South
36-2/3 rods of the West 60 rods of said Southwest Quarter of the Northwest
Quarter: situate in the County of Spokane, State of Washington.
Legal description of easement for access and pipelines to proposed reservoir:
The North 15 feet of the West 505 feet, being adjacent to the West right-of-way for the
proposed Cherry Street; together with a 15 feet wide strip traversing Southeast to said
parcel described above and as shown on the attached Figure 1 of 1 all within the
following described property:
South 30 rods of the North 43-1/3 rods of West 60 rods of Southwest Quarter of
the Northwest Quarter in Section 10, Township 25 North, Range 44 East of the
Willamette Meridian except the South 290 feet of the West 450 feet thereof,
except Pines Road on the West; and except that portion, if any within the South
36-2/3 rods of the West 60 rods of said Southwest Quarter of the Northwest
Quarter: situate in the County of Spokane, State of Washington.
~;CEip~' I1'~1FORMATION
. .s.- ~ . .
, ~ . , ' . ~ . ~ ~i,S • . _I r _ ~ ~`f,1~1'G • ~ q~~ ' . ; .
Number. v~~
Date: riumber.
PhOrie
Name: ~ . - . .
_ Company.Name (if applicable):
Cityf StatelZip: . ' .
. . „
Address:
FEE INFORMATTOH
. . „ .
y Item (atultiplied by (equals) , ~
of Items)
Item Total
pmaunt ~
Description
. .V ' _ - .
` ~ ' ~ ~ . • • ~ l r . . R` ' ~ ~ , , . , ' .
17
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OUNT D , .
TQTAL AM ~
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' ' . Transaction T00 -
f . Receipt 4:
By: . ~7
. . . ' . - . ~ , ~ .J" ~ . • ~ - E~~~ ~r ~ , . i'r;' ~
( ~ ~ :{r 51~-~ W' -
im ~~q L . co
~ NoTEs
par 1 of ~
~ p~~~T SUMMA'~
PERNIIT Processed BY* V&-NllEL, GLORiA
printed By:
Recei~t Pa~ent."~t
Tran Date 1955 3746.00
03tZ2nti00
Total Fees A._mauntPaid AmountOw'Q$ $746.00 $746.04 $0.00
.
OB►ANE COIJNTY JISION OF BrJII.D1NG ANr, ...JDE ENFOR
1026 WEST BROADWAY AVENUE • SFOSANR, WA 99260-0050
~ (509) 477-3675 /
~ STTE INFORMA'I'ION PROJECT INPOItMATION ~
51te Addreas: 2616 N CBERRY ST ~Project Numbar. 00001459 Inv: 1 bwe Date:
Spoktine, WA 99206 pormtt IIsa pte conf.appt.
Patcel Number. 45102.9046
Subdivision: iTNKNOWN Appticant: L dt H LLC
Block: Lot: 202 E TREN'T
Zonfng: UR 2 Urbsn Residentia122 SPOKANE WA 99202 Phon+e: (509) 624-1170
Condr et: Miice Mnree
Owner: L & H LLC
Addrress: 202 E TRENT phaae; (509) 328-1583
SPOKANE WA 99202
retbaclu - Pront: Let't: Right: Rear:
Inspector. SR INSPECTOR
Water Dist: IItVIN
Granp Namm unk
ProJect Nsmet
C PERMT(S) J
~ coneractor:
w~anae
ErrarnrEExe xEvnw $50.00 vARrAxcE S659.00
PRE-APP CONFERENCE $37.00
Total Perndt Fee: $746.00
{ PAYMENT SUMIISARY Psp 1 of 1 NOTES ~
PERNiIT Processed By:
Printed By: WENDII., GLORIA
~ ~"4M ZM3Mt AiqLt
03n2/2000 1955 s746.00
Total Feea AmountPa14 AmountOwlniz
$746.00 $746.00 $0.00
? •
~
Spokane County
Public Works Department
Divison of Building & Planning
Receipt
Receipt Number: 1855 Customer Number
Pro'lects
Full
Pro~ecl Nbr btv Nbr 'AeP tev,~ . . iU~ PAID Pmt,
00001459 1 $748;00. 045.00:. $746.00 ~
Total: ~ $7416;4Q 5746:QQ t746i00: ' $746.00
Miacellaneooa Items
Tolal PAID: $746.00
Tender
~,~...~`heq# TENDERED
Check1 386fi;. 696.00
CheoK2: .1130 50.00
L: ::S'''=...
_ "'~t:.. i Total TBNDERED: 746.00
Over / (Short) $0.00
Change $0.00
Notes: Tran Date / Tlnee: 03/22/2000 2:36:16 PM
By: GWendel
Logon Ustr: gwendel
Statfon; GIIVENDEL
Overrtde By:
Prinled: 03122120001:36:46 PM Page 1 ojl
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