SPE-34-78/SPE-34A-78
C• ' .
. • ZON I NG ADJ USTOR
SPOKANE COUNTY, WASHINGTON
IN TNE MATTER OF A CHAyGE OF CONDITIONS TO A)
CONDITIONAL USE PERMIT AND REVISED SITE PLAN) FINDINGS, CONCLUSIONS
TO ALLOW EXPANSION OF AN EXISTING KENNEL. ) AND DECISION
(SPE-34A-78); NEMPNILL )
SUMMARY OF APPLICATION:
The applicant is the owner of an existing kennel, established by action of the
Zoning Adjustor in 1978, Zoning Adjustor File SPE-34-78. The present
applicant was not the original applicant. The previous conditional use permit
established a limitation of 25 dogs and lirnited the number of kennels to
approximately 22. Other conditions of approval were also imposed. P resently,
. the applicant wishes to expand the number of kennels to 50 and the number of
permitted dogs to a maximum of 100 through a change of condition to the
original conditional use permit and approval of a revised site development
plan.
LOCATION:
The existing kennel is located at E. 17505 Cataldo in the East Spokane
Yalley. The Assessors Parcel # is 18552-2025.
DECISION OF TNE ZONING ADJ USTOR:
Based upon the evidence presented and circumstances associated with the
project proposal, the Zoning Adjustor APPROYES the proposal conditioned upon:
(1) removal of the existing on-site manufactured home completely or its
relocation to a site greater than 200' f rom the expanded kennel and (proper
licensing to in fact have more than one residence on the same site); (Z)
compliance with original conditions of approval; and (3) and new conditions
of approval stated hereinafter, ,
PUBLIC NEARING:
After examining all available information on file with the application and
visiting the subject property and surrounding area, the Zoning Adjustor
conducted a public hearing on April 9, 1986, and rendered a written decision
on April 24, 1986.
FINDINGS OF FACT
1, The proposal is generally located at E. 17505 Cataldo Avenue in the
East Spokane Valley area and is further identified as Assessors Parcel
#18552-2025, being more specifically described in Zoning Adjustor File
SPE-34A-78.
2. The proposal consists of a Change of Condition and a revised site
plan for an existing kennel previously approved by Conditional Use Permit
SPE-34-78. The original kennel was approved and constructed for approximateiy
22 kennel stalls and a maximum of 25 dogs. The property has since changed
hands and the present owner/applicant wishes to add an addition to the kennel
which approximates the size of the existing kennel, thus allowing a maximum of
100 dogs and 50 kennel units. The expansion would essentially be a"mirror"
image of the existing kennel expansed to the east. The applicant has
subinitted a very simplified site plan, identifying the existing features of
the five acre parcel and the proposed addition (the proposed addition is
indicated in yellow high-lighter). The applicant failed to identify a single
wide manufactured home located in the southeasterly portion of the five acre -
parcel.
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FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 2
3. The adopted Spokane County Future Land Use Plan designates the area of
the proposal as URBAN and the proposal is not inconsistent with the County's
Comprehensive Plan, including the Future Land Use Plan.
4. The site is zoned Agricultural which would allow the proposed use
upon approval of this application.
5. The existing land uses in the area of the proposal include mixed
residential and agricultural uses, including a residential subdivision to the
west; although not immediately adjacent to the kennel area of the subject
parcel.
6. The applicant testified under oath that the resident to the immediate
east has no objection to an expansion of the kennelo The applicant also
testified under oath that one of the parties living ;n the area to the west
had advised him that she did not even know that a ken;7el was there; referring
to lack of noise and odor.
7. Upon inspection of the facility, the Zoning Adjustor noted that the
business was run in a clean and orderly manner.
8. The manufactured home existing on the parcel in the southeasterly
corner is an unpermitted structure and the applicant has been advised to
remove it in a reasonable time frame. Enforcement action by the staff's
Zoning Coordinator will be undertaken. The applicant agreed that the unit
would be moved. The unit was established by Conditional Use Permit as a
dependent relative residence prior to the applicant's having purchased the
facility. The applicant was unaware that it was not a permitted unit and
maintained it as rental property with the same resident tenant in it as when
he purchased the property. The applicant may wish to attempt to establish a
similar unit as a dependent relative housing at some point in the future; but
that will be the subject of another application. At this point the Zoning
Adjustor makes no judgement as to whether a future manufactured home could be
located at this location within less than 200' of the expanded kennel.
9. The applicant has indicated complete willingness to cooperate with
the various health authorities which might regulate the control and management
of animal waste and cleanl i ness of such a faci 1 i ty.
10. The applicant has constructed a safety yard on the west end of the
existing kennel for the purpose of allowing some exercise by dogs in a grassy
area contained within a fence. The westerly side of'the safety yard has been
established with a wooden fence to reduce or mitigate any sounds of.dogs which
may be coming from the open door of the west end of the kennel. The applicant
plans the same treatment on the east side of the kennel, with the new
addition.
11. The applicant has expressed an intent to construct the new facility
in a soundproof and energy efficient manner, utilizing solar energy
application on the south facing roof surface. The applicant has spoken of 6"
walls with insulation and dual glazing windows for the purpose of both energy
efficiency and reduction of sound to the surrounding area.
12. I t i s appropri ate to ensure that the previ ous condi t1 ons of approval
are still in force at the site. However, accompanying this document is an
admi ni strati ve deci si on that two of the previ ously requi red condi ti ons are no
longer in effect and that there appears no need to attempt ta enforce them.
13. 7he objector of record is record owner of four residential parcels
located approximately 500 feet to the west and northwest. Other parcels
interven between these properties and the kennel property. These parcels are
presentiy undeveloped, but contained within an approved final subdivision.
These parcels are on the opposite end of the partion of the kennel to which
the new addition would be constructed. The objector of record resides
approximately four miles to the northeast, and is therefore not directly
affected as a resident by activities at the site. The subdivision was
developed with knowledge of a perpetual existing kennel.
14. Of the numerous residents included within the 300' of notification
(f rom the subject five acre parcel), there were no taxpayers or owners who
submi tted wri tten or verbal objections to the ~xpansi on of the kennel.
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FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 3
15. The kennel is on the north side of Cataldo Avenue which is
immediately adjacent to Interstate 90. The property in general is subject to
continual freeway background noise,
16. If the question of barking dogs becomes an issue in the future and it is necessary to dete rnine whether or not the noise levels are objectionable,
the standards provided in WAC 173-60 should be used as a guideline for
deciding whether or not there a re unacceptable levels of noise generated at
the site and reaching the receiving properties.
17. It will be necessary to initially establish the change in condition
for the conditional use permit for the expansion of the kennel as a two-year
permit. At the end of that two year period of time the Zoning Adjustor, after
review of any complaints and a review of the operation for compliance with the
conditions of approval, is then to be authorized to make the conditional use
permit permanent upon findings that the applicant is complying with the
conditions of approval and that there are no ~omplaints. The Zoning Adjustor
may alternatively call for a public hearing a~ that point to receive testimony
regarding the operation. 7he administrative decision of the Zonin9 Adjustor
to grant permanent status is also subject to review by the Board of Adjustment
under the scrutiny of "Review and Administrative Action", Section 4.25.030 c.
of the Spokane County Zoning Ordinance as amended or as replaced by subsequent
ordi nance.
18. Pursuant to the State Environmental Policy Act the environmental
checklist and other data has been reviewed and the project has been found to
not have any probable significant adverse impacts to the physical environ-
ment. A Determination of Nonsignificance (DNS) was issued on January 29, 1986
and sent to five agencies of jurisdiction. The agencies reviewing the
checklist neither indicated that a more detailed environmental review should
be provided nor commented that the DNS should be re-considered. Comments
regarding environmental matters were not made at the public hearing. The re
was not sufficient evidence presented pursuant to WAC 197-11-340 (3) (a) to
witndraw the DNS.
19. A letter of support was received from Patrick 0'Dea, D.V.M. stating
that the kennel was operated by a responsible and caring people who make every
effort to maintain a clean and disease-free facility.
20. The applicant has been made aware of the recommendations of various
County/State agencies reviewing this project and has indicated he can comply
wi th those recommendations.
21. The proposed site plan indicates that setbacks, parking, height of
the structure(s) will confor~n to the Spokane County Zoning Ordinance. It will
be necessary to remove or relocate the existing manufactured home on the
kennel structure, posed
22. The proper legal requirements for advertising of the hearing before
the Zoning Adjustor of Spokane County have been met%;.
23. Any conclusion hereinafter stated which may ue deemed a finding
herein is hereby adopted as such.
From the Findings, the Zoning Adjustor comes to these:
CONCLUSIONS
1. The proposal as set forth by the Zoning Adjustor is not detrimental
to and is compatible with the public health, safety and welfare. This
conclusion can only be reached if the existing manufactured home is moved or
relocated to a point greater than 200' from the proposed kennel addition,
including the exterior safety yard.
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FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 4
2. The proposal is listed in the Spokane County Zoning Ordinance as a
conditional use allowed in the Agricultural zone and the proposal does meet
the established and applicable criteria described for that conditional use.
It will be necessary to remove or relocate the manufactured home in order to
comply with the 200' setback requirement f rom existing residential structures.
3. Various performance standards and criteria are additionally needed to
. make the use compatible with other permitted activities in the same vicinity
and zone and to insure against imposing excessive demands upon public
utilities and these shall be addressed as conditions of approval. Particular
note is the requirements that the original conditions of approval, except for
those addressed in a separate administrative interpretation attached herewith
are among those conditions of approval which the applicant must comply.
4. The Zoning Adjustor may require such conditions of approval as
necessary and appropriate to make the project most compatible with the public
interest and general welfare.
5. Any finding hereinbefore stated which may be deemed a conclusion
herein is adopted as such.
DECISION
From the foregoing Findings and Conclusions, the Zoning Ad,justor APPROVES
the proposal for a two year period of time, contingent upon the manufactured
home being removed or relocated to a point greater than 200` from the kennel
addition prior to occupancy of the kennel. The original conditions of
approval, except as noted in the attached administrative interpretation are
required for compliance and applied to the total project in addition to the
following additional conditions of approval stipulated below.
CONDITIONS OF APPROV AL
I. GENERAL ,
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l. The following conditions shall apply to the applicant, owner and
successors in interest.
2. The Department of Building and Safety shall route the building permit
application to all of the agencies and offices of county government below
which are indicated as needing to give their authorization prior to the
release of a building permit. Upon reviewing the various plans returned
to.the Department of Building and Safety by the other departrnents, the
department will consult with the Planning Department if there are any
changes resulting from review by the other departments when compared to
the plans as approved by the Planning Department. Such review may
necessarily result in a revision of the site plan for use by the
Department of Building and Safety or possibly a with-holding of the
building permit until any conflicts are ~,:;olved.
3. Due to the sketchy nature of the documents submitted with the application,
it shall be necessary for the applicant to submit revised drawings of the
addition to the kennel. Those drawin s needed for ~ap~ lication for a
building permit shall be submitted for review by the zoning dajustor prior
to application for a buildin permit. Such plans shall address the
various items listed hereina?ter in subsequent conditions of approval,
II. PLANNING DEPARTMENT
l. The applicant must comply with the provisions of SEPA's NOTICE OF ACTION
(See RCW 43.21C.080) within 30 days of the final disposition of this
application and prior to on-site improvements. The purpose of such a
NOTICE OF ACTION is to establish a time limitation upon which the
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FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 5
environmental determination for this project can be challenged.
Alternatively, the applicant may waive the NOTICE OF ACTION requirements
by filing the appropriate documents provided by the Spokane County
Planning Department.
2. The kennels for housing of the dogs are to be constructed of soundproof
materials or materials designed to reduce noise. Particular attention
should be given to insulation levels of at least R-19 in 6" thick walls
and a minimum of R-30 insulation values in the ceiling. Windows shall be
double glazed and at least the exterior door at the end of the kennel
shall be of a well insulated nature. The safety yard shall be designed of
solid fencing material for the purposes of intercepting sound traveling
toward properties to the east. If a question arises regarding the sound
levels reaching adjacent properties, the standards of WAC 173-60 shall be
used for purposes of such a determination or enforcement.
3. All floor areas of the kennel are to be concrete or other impervious
materials, except that the safety yard may be sodded, but shall not be
left as unplanted dirt.
4. The disposal of wastewater used to cleanse the kennel areas shall be
disposed of in a manner acceptable to the Health district. Water for
daily or regular washing of the kennels shall be available within the
building.
5. Tne method of waste control and removal shall be approved by the Spokane
County Health District and non allowed to accumulate.
6. Dogs are to be kept inside the kennels between the hours of 9 p.m, and
7:30 a.m.
7. At the time more detailed drawings are submitted regarding the con-
struction of the addition to the kennel, a site development plan for the
five acre parcel shall be submitted, similar to the one submitted with the
application and showing the dimensions ard the lac3tion of the existing
kenriel and the proposed addition with respect to the property lines and
other adjacent housing. ,
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8. At just over two years from the date of signing of this order or any sub-
sequent appeal to this order, the Zoning Adjustor, upon review of a-
finding of compliance with the conditions of approval and a finding that
compliance exists, shall issue an administrative order granting permanent
status to the kennel as long as it has not ceased to operate for more than
365 consecutive days. That order shall be mailed to owners and taxpayers
of record in the manner normal for a conditional use permit and be subject
to review by the Board of Adjustment under 4.25.030 c.
III. DEPARTMENT OF BUILDING & SAFETY
1. Any expansion or construction of a new building will require permits in
accordance with Section 301 of the Uniform Building Code.
2. Any fence structures constructed in excess of 6' in height may also
requi re permi ts from the Department of Bui 1 di ng and Safety.
IV. UTILITIES DEPARTMENT
l. 7he owner(s) or successor(s) in Interest agree to authorize the County to
place their name(s) on a petition for the formation of a ULID by petition
method pursuant to RCW 36.94 which the petition includes the Owner(s)
property and further not to object by the signing of a protest petition
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FI14DINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 6
against the formation of a ULID by resolution method pursuant to RCW
Chapter 36.94 which includes the Owner(s) property, PROVIDED, this
condition shall not prohibit the Owner(s) or Successor(s) f rom objection
to any assessment(s) on the property as a result of improvements called
for i n conj uncti on wi th the formati on of a UL ID by ei ther peti ti on or
resolution method under RCW Chapter 36.94,
2. Pursuant to the Board of County Comnissioners Resolution No, 80-0418, the
use of on-site sewer disposal systems is hereby authorized. This
authorization is conditioned on compliance with all rules and regulations
of the Spokane County Health District and is further conditioned and
subject to specific application approval and issuance of permits by the
Neal th Officer,
Y. HEALTH DISTRICT
l. A combined surface water and sewage disposal detail plan shall be approved
by the Spokane County Engineer and the Spokane County Health District
prior to the issuance of any building permits for this project.
2. Subject to specific application approval and issuance of permits by the
Health Officer, the use of an individual on-site sewage system may be
authorized.
3. Water service shall be by an existing public water supply when approved by
the Regional Engineer (Spokane), State Department of Social and Nealth ,
Servi ces,
4. Use of private wells and water systems is prohibited.
5. Disposal of sewage effluent is currently prohibited beneath paved surfaces.
6. The disposal of wastewater used to cleanse the kennel areas shall be
disposed of in a manner acceptable to the Health district. Water for
daily or regular washing of the kennels shall be available within the
building. .
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7. The method of waste control and removal shall be approved by the Spokane
County Health District and non allowed to accumulate.
VI. ENGINEER'S OFFICE
1. The applicant shall dedicate 10' on Cataldo (frontage service road) for
right-of-way prior to any occupancy of the kennel addition.
2. The applicant shall improve Cataldo (frontage service road) in a manner
consistent with County TYPICAL Roadway Section No. 2, minimum paving width
access standard.
3. The word "applicant" shall include the owner or owners of property, his/
her heirs, assigns and successors.
4. To construct the road improvements stated herein, the applicant may, with
the approval of the County Engineer, join in and be a willing participant
in any petition or resolution which purpose is the formation of a Road
Improvement District (RID) for said improvement pursuant to RCW 36.88, as
amended. Spokane County will not participate in the cost of these improve-
ments.
5. As an alternative method of constructing the rond improvements stated
herein, the applicant may, with the approval of tiie County Engineer,
accornplish the road improvements stated herein by joining and partici-
pati ng i n a county road proj ect (CRP ) to the extent of the requi red road
improvement. Spokane County will not participate in the cost of these
improvements. •
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FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 7
6. Al1 required improvements shall conform to the current State of Washington
Standard Specifications for Road and Bridge Construction, and other
applicable County Standards and/or adopted resolutions pertaining to Road
Standards and Stormwater Management in effect at tne date of construction,
unless otherwise approved by the County Engineer,
7. Roadway Standards, TYPICAL Roadway Sections and Drainage Plan required are
found in Spokane Board of County Commissioners Resolution No. 80-1592 as
amended and are applicable to this propsoal,
8. A combined surface water and sewage disposal detail plan shall be approved
by the Spokane County Engineer and the Spokane County Health District
prior to the issuance of any building permits for this project.
VII. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1, Ai r Pol 1 uti on regul ati ons requi re that dust emi ssi ons duri ng constructi on
and excavation be controlled. This control may be controlled by use of
water sprays, tarps, sprinklers or suspension of activities during certain
weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from
unpaved surfaces onto paved surfaces and if tracking or spills occur on
paved surfaces these must be immediately cleaned,
3. All travelled surfaces (ingress, egress, parkign areas, and access roads)
must be controlled as far as the emission of dust due to travelling on the
surfaces. This may be accomplished by periodic applications of high
quality "clean" gravel or an acceptable dust palliative. The applicant is
advised that if dust emissions from these surfaces becomes a problem the
Air Pollution Control Authority may require the owner to mitigate the
problem.
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DATED THIS DAY OF April, 1986. .
omas G. Mo e, AIC
Zoning Adjus or Spokane County
Washington ~
FILED:
1) Applicant
2) Parties of Record
3) Spokane County Engineers Office
4) Spokane County Nealth District
5) Spokane County Utilities Dept.
6) Spokane County Dept, of Building & Safety
7) Spokane County Air Pollution Control Authority
NOTE: ANY PARTY AGGRIEVED BY THIS DECISION MUST FILE AN APPEaL WITHIN TEN
(10) CALENDAR DAYS OF TNIS DATE.
0057z/4-86
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~ .1 ZOP(, G-,ADjUSTOR FINDINGS & ORDER
Hearing : October 41 1978
Minutes Written: October 25, 1978
SPECIAL CONDITIONAL USE
~ SPE-34-78, Doq Kennel
~ ZONING ADjLJSTOR DECISION: After public testimony and:review the decision
of the Zoning Adf ustor is to approve the applfcant's request for a dog kennel. -
A. FINDINGS FOR APPROVAL: Pursuant to Section 4. 24. 010 (b) and 4. 04.170 (L) of
the Spokane County Zoning Ordinance, the Zoning Adjustor has the responsibility
of determining that the granting of a Special Conditional U se will not be detri-
mental to the surrounding properties. In assuring compatibility, the Zoning Ad-
iustor based his decision on the testimony presented at the October 4, 1978
Zoning Adjustor Hearing as well as criteria set forth in the Spokane County Zoning
Ordinance for issuance of a Special Conditional Use. The Zoning Adjustor hereby
finds the following:
1. Current land use in the immediate vicinity is Agricultural (Farming and Farm
Animals) which would be compatible with a kennel operation.
2. The proposed use will not change the character of a rural farming community.
3. The applicant testified the present need is for the housing of show and
trial dog s .
4. The Zoning Adjustor is of the opinion that prnper standards and conditions
could be imposed to protect neighboring properties and not be detrimental
to public welfare. S. The Zoning Adjustor is also of the opinion that potential impacts of noise
and sanitation can be mitigated through attachment and enforcement of
conditions.
6. An Environmental Checklist has been circulated to appropriate agencies of
iurisdiction. Recefving no significant impacts , the Zoning Adjustor has
issued a proposed declaration of significance.
B. ORDER: The following conditions are being imposed by the Zoning Adjustor in
order to protect the public welfare and surrounding properties, and to ensure
compatibility of the proposed use.
1. The approval and conditions are for the housing of dogs not to exceed 25
in number.
,
2. Kennels for the housing of the dogs are to be constructed of soundproof
materials or materials to reduce noise.
3. All floor area of the kennels as well as runways are to be of concrete or
other impervious materials.
(continued. .1.
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i
r FINDINGS 4.0RDER I (
-
" SPE-34-781 Dog Kennel
Page 2
; 4. Installation of drainage basins will be required to dispose of waste-water
from washing of kennels.
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S. Water for daily washing of kennels and runway shall be available on-site.
6. Method of waste control and removal shall be approved by the Spokane County
Health District and in no way shall waste be allowed to accumulate.
7. Runway shall be fenced and screened with live plantings to the west and
south.
8. Dog are to be ke t ins~de the kennels (within the barn) between the hours
of
' I. and .3 da , in order to prevent noise from disturbing surround-
-ig
ing properties.
9. There shall be no display of on-premise commercial signs advertising the
kennel. 10. Prior to the finalization of this order and release of a building permit, the
applicant shall submit to the Zoning Adiustor staff, plans and specifications
required to satisfy the conditions of this order. The plans shall include the
following:
a) Number of kennels and number of dogs for each kennel..
b) Dimensions of kennels as well as constrwction materials.
c) Source of water.
d) Location and dimension of drainage basins.
e) Type and location of live plantings.
f) Type of floor area for both kennel and runway.
g) Describe method for waste removal on plot plan.
C. OBjECTDRS OF RECORD:
John E. Sharp, CPM
Seattle Pirst Nat' 1 Bank
601 W. Riverside
Spokane, WA 99210
(continued, )
. ~SPE-34-78 , ~Dog Ken~___ _ l
Page 3
D. GENERAL DATA:
c
a. Location: Section 18, Township 25, Range 45 E.W.M.
, Tract 20, Bacon's Addition to Greenacres
Parcel No. 18552-2025
b. Applicant: Max J. Heuett
E 17505 Cataldo
Greenacres, WA. 99016
c. Existing Zoning: Agricultural, established July 30, 1957
d. Special Permit Requested: To allow a Dog Kennel in the Agricultural
Zone
e. Application of Zoning Provision: Chapter 4.04, Section 4.04.170 (1)
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THOMAS L. DA , Zoning Adjustor
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ZON I NG ADJ USTOR
SPOKANE COUNTY, WASNINGTON
. IN THE MATTER OF A CHANGE OF CONDITIONS TO A)
CONDITIONAL USE PERMIT AND REVISED SITE PLAN) FINDINGS, CONCLUSIONS
TO ALLOW EXPANSION OF AN EXISTING KENNEL. ) AND DECISION
(SPE-34A-78); HEMPNILL )
SUMMARY OF APPLICATION:
The applicant is the owner of an existing kennel, established by action of the
Zoning Adjustor in 1978, Zoning Adjustor File SPE-34-78. The present
applicant was not the original applicant. The previous conditional use per~nit
established a limitation of 25 dogs and limited the number of kennels to
approximately 22. Other conditions of approval were also imposed. P resently,
the applicant wishes to expand the number of kennels to 50 and the number of
permitted dogs to a maximum of 100 through a change of condition to the
original conditional use permit and approval of a revised site development
pl an.
LOCATION:
The existing kennel is located at E. 17505 Cataldo in the East Spokane
Valley. The Assessors Parcel # is 18552-2025.
DECISION OF THE ZONING ADJ USTOR:
Based upon the evidence presented and circumstances associated with the
project proposal, the Zoning Adjustor APPROVES the proposal conditioned upon:
(1) removal of the existing on-site manufactured home completely or its
relocation to a site greater than 200' from the expanded kennel and (proper
licensing to in fact have more than one residence on the same site); (2)
compliance with original conditions of approval; and (3) and new conditions
of approval stated hereinafter,
PUBLIC HEARING:
After examining all available information on file with the application and
visiting the subject property and surrounding area, the Zoning Ad,justor
conducted a public hearing on April 9, 1986, and rendered a written decision
on April 24, 1986,
FINDINGS OF FACT
1. The proposal is generally located at E. 17505 Cataldo Avenue in the
East Spokane Valley area and is further identified as Assessors Parcel
#18552-2025, being more specifically described in Zoning Adjustor File
SPE-34A-78.
2. The proposal consists of a Change of Condition and a revised site
plan for an existing kennel previously approved by Conditional Use Permit
SPE-34-78. The original kennel was approved and constructed for approximately
22 kennel stalls and a maximum of 25 dogs. The property has since changed
hands and the present owner/applicant wishes to add an addition to the kennel
which approximates the size of the existing kennel, thus allowing a maximum of
100 dogs and 50 kennel units. The expansion would essentially be a"mirror"
image of the existing kennel expansed to the east. The applicant has
submitted a very simplified site plan, identifying the existing features of
the five acre parcel and the proposed addition (the proposed addition is
indicated in yellow high-lighter). The applicant failed to identify a single
wide manufactured home located in the southeasterly portion of the five acre
parcel.
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FINOINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 2
3. The adopted Spokane County Future Land Use Plan designates the area of
the proposal as URBAN and the proposal is not inconsistent with the County's
Comprehensive Plan, including the Future Land Use Plan.
4. The site is zoned Agricultural which would allow the proposed use
upon approval of this application.
5. The existing land uses in the area of the proposal include mixed
residential and agricultural uses, including a residential subdivision to the
west; although not immediately adjacent to the kennel area of the subject
parcel,
6. The applicant testified under oath that the resident to the immediate
east has no objection to an expansion of the kennel. The applfcant also
testified under oath that one of the parties living in the area to the west
had advised him that she did not even know that a kennel was there; referring
to lack of noise and odor.
7. Upon inspection of the facility, the Zoning Adjustor noted that the
business was run in a clean and orderly manner.
8. The manufactured home existing on the parcel in the southeasterly
corner is an unpermitted structure and the applicant has been advised to
remove it in a reasonable time frame. Enforcement action by the staff's
Zoning Coordinator will be undertaken. The applicant agreed that the unit
would be moved. The unit was established by Conditional Use Permit as a
dependent relative residence prior to the applicant's having purchased the
facility. The applicant was unaware that it was not a permitted unit and
maintained it as rental property with the same resident tenant in it as when
he purchased the property. The applicant may wish to attempt to establish a
similar unit as a dependent relative housing at some point in the future; but
that will be the subject of another application. At this point the Zoning
Adjustor makes no judgement as to whether a future manufactured home could be
located at this location within less than 200' of the expanded kennel,
9. The applicant has indicated complete willingness to cooperate with
the various health authorities which might regulate the control and management
of animal waste and cleanliness of such a facility.
10. The applicant has constructed a safety yard on the west end of the
existing kennel for the purpose of allowing some exercise by dogs in a grassy
a rea contained within a fence. The westerly side of the safety yard has been
established with a wooden fence to reduce or mitigate any sounds of.dogs which
may be coming from the open door of the west end of the kennel. The applicant
plans the same treatment on the east side of the kennel, with the new
addition.
11. The applicant has expressed an intent to construct the new facility
in a soundproof and energy efficient manner, utilizing solar energy
application on the south facing roof surface. The applicant has spoken of 6"
wails with insulation and dual glazing windows for the purpose of both energy
efficiency and reduction of sound to the surrounding area.
12. It is appropriate to ensure that the previous conditions of approval
are still in force at the site. However, accompanying this document is an
administrative decision that two of the previously required conditions are no
longer in effect and that there appears no need to attempt to enforce them.
13. The obj ector of record i s record owner of four resi denti al parcel s
located approximately 500 feet to the west and northwest. Other parcels
interven between these properties and the kennel property. These parcels are
presently undeveloped, but contained within an approved final subdivision.
These parcels are on the opposite end of the portion of the kennel to which
the new addition would be constructed. The objector of record resides
approximately four miles to the northeast, and is therefore not directly
affected as a resident by activities at the site. The subdivision was
developed with knowledge of a perpetual existing kennel.
14. Of the numerous residents included within the 300' of notification
(from the subject five acre parcel there were no taxpayers or owners who
submitted written or verbaT objections to the expansion of the kennel.
. . o
FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 3
15. The kennel is on the north side of Cataldo Avenue which is
immediately adjacent to Interstate 90. The property in general is subject to
continual freeway background noise.
16. If the question of barking dogs becomes an issue in the future and it
is necessary to determine whether or not the noise levels are objectionable,
the standards provided in WAC 173-60 should be used as a guideline for
deciding whether or not the re are unacceptable levels of noise generated at
the site and reaching the receiving properties.
17. It will be necessary to initially establish the change in condition
for the conditional use permit for the expansion of the kennel as a two-year
permi t. At the end of that two year peri od of time the Zoni ng Adjustor, after
review of any complaints and a review of the operation for compliance with the
conditions of approval, is then to be authorized to make the conditional use
permit permanent upon findings that the applicant is complying with the
conditions of approval and that there are no complaints. The Zoning Adjustor
may alternatively call for a public hearing at that point to receive testimony
regarding the operation. The administrative decision of the Zoning Adjustor
to grant permanent status is also subject to review by the Board of Adjustment
under the scrutiny of "Review and Administrative Action", Section 4.25.030 c.
of the Spokane County Zoning Ordinance as amended or as replaced by subsequent
ordinance.
18. Pursuant to the State Environmental Policy Act the environmental
checklist and other data has been reviewed and the project has been found to
not have any probable significant adverse impacts to the physical environ-
ment. A Determination of Nonsignificance (DNS) was issued on January 29, 1986
and sent to five agencies of jurisdiction. The agencies reviewing the
checklist neither indicated that a more detailed environmental review should
be provided nor commented that the DNS should be re-considered. Comnents
regarding environmental matters were not made at the public hearing. There
was not sufficient evidence presented pursuant to WAC 197-11-340 (3) (a) to
withdraw the DNS.
19. A letter of support was received from Patrick 0'Dea, D.V.M. stating
that the kennel was operated by a responsible and caring people who make eve ry
effort to maintain a clean and disease-free facility.
20. The applicant has been made aware of the recommendations of various
County/State agencies reviewing this project and has indicated he can comply
with those recommendations.
21. The proposed site plan indicates that setbacks, parking, height of
the structure(s) will conform to the Spokane County Zoning Ordinance. It will
be necessary to remove or relocate the existing manufactured home on the
kennel structure, posed
22. The proper legal requirements for advertising of the hearing before
the Zoning Adjustor of Spokane County have been met.
23. Any conclusion hereinafter stated which may be deemed a finding
herein is hereby adopted as such.
From the Findings, the Zoning Adjustor comes to these:
CONCLUSIONS
1, The proposal as set forth by the Zoning Adjustor is not detrimental
to and is compatible with the public health, safety and welfare. This
conclusion can only be reached if the existing manufactured home is moved or
relocated to a point greater than 200' from the proposed kennel addition,
including the exterior safety yard. ,
. • .
FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 4
2. The proposal is listed in the Spokane County Zoning Ordinance as a
conditional use allowed in the Agricultural zone and the proposal does meet
the established and applicable criteria described for that conditional use.
It will be necessary to remove or relocate the manufactured home in order to
comply with the 200' setback requirement from existing residential structures,
3. Yarious performance standards and criteria are additionally needed to
make the use compatible with other permitted activities in the same vicinity
and zone and to insure against imposing excessive demands upon public
utilities and these shall be addressed as conditions of approval. Particular
note is the requirements that the original conditions of approval, except for
those addressed in a separate administrative interpretation attached herewith
are among those conditions of approval which the applicant must comply.
4. The Zoning Adjustor may require such conditions of approval as
necessary and appropriate to make the project most compatible with the public
interest and general welfare.
5. Any finding hereinbefore stated which may be deemed a conclusion
herein is adopted as such.
DECISION
From the foregoing Findings and Conclusions, the Zoning Ad,justor APPROVES
the proposal for a two year period of time, contingent upon the manufactured
home being removed or relocated to a point greater than 200' f rom the kennel
addition prior to occupancy of the kennel. The original conditions of
approval, except as noted in the attached administrative interpretation are
required for compliance and applied to the total project in addition to the
following additional conditions of approval stipulated below.
CONDITIONS OF A?PROYAL
I. GENERAL
1. The following conditions shall apply to the applicant, owner and
successors in interest.
2. The Department of Building and Safety shall route the building permit
application to all of the agencies and offices of county government below
which are indicated as needing to give their authorization prior to the
release of a building permit. 'Upon reviewing the various plans returned
to the Department of Building and Safety by the other departments, the
department will consult with the Planning Department if there are any
changes resulting from review by the other departments when compared to
the plans as approved by the Planning Department, Such review may
necessarily result in a revision of the site plan for use by the
Department of Building and Safety or possibly a with-holding of the
bui 1 di ng permi t unti 1 any confl icts are resol ved.
3. Due to the sketchy nature of the documents submitted with the application,
it shall be necessary for the applicant to submit revised drawings of the
addition to the kennel. Those dra~wi_ngs needed for a plication for a
bui 1 di ng permi t shal 1 be submi tted-for revi ew by tf~e Zoni n dajustor pri or
to application for abuirdin permit. Suct~ pians sharl ad~ress tne
various items listed hereinalter in subsequent conditions of approval,
II. PLANNING DEPARTMENT
1. The applicant must comply with the provisions of SEPA's NOTICE OF ACTION
(See RCW 43.2]C.080) within 30 day s of the final disposition of this
application and prior to on-site improvements. The purpose of such a
NOTICE OF ACTION is to establish a time limitation upon which the
~
• • ~ • • ' ' I •
FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 5
environmental determination for this project can be challenged.
Alternatively, the applicant may waive the NOTICE OF ACTION requirements
by filing the appropriate documents provided by the Spokane County
Planning Department.
2. The kennels for housing of the dogs are to be constructed of soundproof
materials or materials designed to reduce noise. Particular attention
should be given to insulation levels of at least R-19 in 6" thick walls
and a minimum of R-30 insulation values in the ceiling. Windows shall be
double glazed and at least the exterior door at the end of the kennel
shall be of a well insulated nature. The safety yard shall be designed of
solid fencing material for the purposes of intercepting sound traveling
toward properties to the east. If a question arises regarding the sound
levels reaching adj acent properties, the standards of WAC 173-60 shall be
used for purposes of such a dete rmination or enforcement.
3. All floor areas of the kennel are to be concrete or other impervious
materials, except that the safety yard may be sodded, but shall not be
left as unplanted dirt.
4. The disposal of wastewater used to cleanse the kennel areas shall be
disposed of in a manner acceptable to the Health district. Water for
daily or regular washing of the kennels shall be available within the
building.
5. The method of waste control and removal shall be approved by the Spokane
County Health District and non allowed to accumulate.
6. Dogs are to be kept inside the kennels between the hours of 9 p.m, and
7:30 a.m.
7. At the time more detailed drawings are submitted regarding the con-
struction of the addition to the kennel, a site development plan for the
five acre parcel shall be submitted, similar to the one submitted with the
application and showing the dimensions ard the laCation of the existing
kennel and the proposed addition with respect to the property lines and
other adjacent housing.
8. At just over two years from the date of signing of this order or any sub-
sequent appeal to this order, the Zoning Adjustor, upon review of a-
finding of compliance with the conditions of approval and a finding that
compliance exists, shall issue an administrative order granting permanent
status to the kennel as long as it has not ceased to operate for more than
365 consecutive days. That order shall be mailed to owners and taxpayers
of record in the manner normal for a conditional use permit and be subject
to review by the Board of Adjustment under 4.25.030 c.
III. DEPARTMENT OF BUILDING & SAFETY
1. Any expansion or construction of a new building will require permits in
accordance with Section 301 of the Uniform Building Code.
2. Any fence structures constructed in excess of 6' in height may also
require permits from the Department of Building and Safety.
IV. UTILITIES DEPARTMENT
1. The owner(s) or successor(s) in Interest agree to authorize the County to
place their name(s) on a petition for the formation of a ULID by petition
method pursuant to RCW 36.94 which the petition includes the Owner(s)
property and further not to obj ect by the si gni ng of a protest peti ti on
~
. , .
FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 6
against the formation of a ULID by resolution method pursuant to RCW
Chapter 36.94 which includes the Owner(s) property, PROYIDED, this
condition shall not prohibit the Owner(s) or Successor(s) from objection
to any assessment(s) on the property as a result of improvements called
for in conjunction with the formation of a ULID by either petition or
resolution method under RCW Chapter 36.94,
2. Pursuant to the Board of County Comnissioners Resolution No. 80-0418, the
use of on-site sewer disposal systems is hereby authorized. This
authorization is conditioned on compliance with all rules and regulations
of the Spokane County Health District and is further conditioned and
subject to specific application approval and issuance of permits by the
Health Officer,
V. HEALTN DISTRICT
1. A combined surface water and sewage disposal detail plan shall be approved
by the Spokane County Engineer and the Spokane County Nealth District
prior to the issuance of any building permits for this project.
2. Subject to specific application approval and issuance of permits by the
Nealth Officer, the use of an individual on-site sewage system may be
authorized.
3. Water service shall be by an existing public water supply when approved by
the Regional Engineer (Spokane), State Department of Social and Health
Services.
4. Use of private wells and water systems is prohibited.
5. Disposal of sewage effluent is currently prohibited beneath paved surfaces.
6. The disposal of wastewater used to cleanse the kennel areas shall be
disposed of in a manner accepta5le to the Health district. 4later for
daily or regular washing of the kennels shall be available within the
building.
7. The method of waste control and removal shall be approved by the Spokane
County Health District and non allowed to accumulate.
VI. ENGINEER'S OFFICE
l. The applicant shall dedicate 10' on Cataldo (frontage service road) for
right-of-way prior to any occupancy of the kennel addition.
2. The applicant shall improve Cataldo (f rontage service road) in a manner
consistent with County TYPICAL Roadway Section No. 2, minimum paving width
access standard.
3. The word "applicant" shall include the owner or owners of property, his/
her heirs, assigns and successors.
4. To construct the road improvements stated herein, the applicant may, with
the approval of the County Engineer, join in and be a willing participant
in any petition or resolution which purpose is the formation of a Road
Improvement District (RID) for said improvement pursuant to RCW 36.88, as
amended. Spokane County will not participate in the cost of these improve-
ments.
5. As an alternative method of constructing the road improvements stated
herein, the applicant may, with the approval of the County Engineer,
accomplish the road improvements stated herein by joining and partici-
pati ng i n a county road proj ect (CRP ) to the extent of the requi red road
improvement. Spokane County will not participate in the cost of these
improvements. °
• ,
r FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 7
6. Al1 required improvements shall conform to the current State of Washington
Standard Specifications for Road and Bridge Construction, and other
applicable County Standards and/or adopted resolutions pertaining to Road
Standards and Stormwater Management in effect at tne date of construction,
unless otherwise approved by the County Engineer,
7. Roadway Standards, TYPICAL Roadway Sections and Drainage Plan required are
found in Spokane Board of County Comnissioners Resolution No. 80-1592 as
amended and are applicable to this propsoal.
8. A combined surface water and sewage disposal detail plan shall be approved
by the Spokane County Engineer and the Spokane County Nealth District
prior to the issuance of any building permits for this project.
VII. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. Ai r Pol l uti on regul ati ons requi re that dust emi ssi ons duri ng constructi on
and excavation be controlled. This control may be controlled by use of
water sprays, tarps, sprinklers or suspension of activities during certain
weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from
unpaved surfaces onto paved surfaces and if tracking or spills occur on
paved surfaces these must be immediately cleaned.
3. Al1 travelled surfaces (ingress, egress, parkign areas, and access roads)
must be controlled as far as the emission of dust due to travelling on the
surfaces. This may be accomplished by periodic applications of high
quality "clean" gravel or an acceptable dust palliative. The applicant is
advised that if dust emissions from these surfaces becomes a problem the
Air Pollution Control Authority may require the owner to mitigate the
probl em.
~
DATED THIS ~ DAY OF April, 1986.
T omas G. Mo e, AIC
Zoning Adjus or Spokane County
Washington +
FILED:
1) Applicant
2) Parti es of Record
3) Spokane County Engineers Office
4) Spokane County Nealth District
5) Spokane County Utilities Dept.
6) Spokane County Dept, of Building & Safety
7) Spokane County Air Pollution Control Authority
NOTE: ANY PARTY AGGRIEYED BY THIS DECISION MUST FILE AN APPEAL WITNIN TEN
(10) CALENDAR DAYS OF THIS DATE.
0057z/4-86
; T . •~9E•Yl •i
G"Triw1w•
. .
. PLANNING DEPARTMENT
BROADWAY CENTRE 9UILOING N 721 JEFFERSON STREET
~
r :~A PHONE 456-2205
- ,
' • . - , • . 4-; • ,n, • • -7!'•"' SPOKANE, WASHINGTON 99260
SPOKANE COUNTY GOURT MOUSC MEMORANDUM
- T0: TO WHOM IT MAY CONCERN
FROM: THOMAS G. MOSHER, AICP, ZONING ADJUSTOR
DATE: APRIL 21, 1986
SUBJ : Adjustments to Ori gi nal Conditional Use Permi t Condi tions for
SPE-34-78.
The content of the following order is subject to appeal and review by
any party wi thi n 20 days of the si gni ng of thi s document, pursuant to
4.25.030 c. and 4.25.060, and all of the Spokane County Zoning
Ordinance. The appeal fee is =75.00 prior to the May l, 1986 and
$100.00 on or after May 1, 1986.
In consideration of an expansion of the dog kennel initiaily approved
in SPE-34-78 (the present case is SPE-34A-78), the Zoning Adjustor
takes note of the following.
1) The applicant requested on the application relief from an
original condition of approval #9 on page 2 of the Order written ° on October 25, 1978, wherein the condition specified that no
display of on-premise commercial signs or advertising of the
kennel is to be alloKed. In fact, the original owner, and
presently the applicant, had a sign advertising the business
located at the front portion of the property. There have been
no compiaints about this sign, it is in good taste, and does not
block or obstruct any views. It is not illuminated at the
present time and does not exceed 20 square feet on each face,
more than 6 feet in height nor 6 feet in width and appears to be
si tuated at 1 east 10 feet f rom the publ i c ri ght-of-way.
When the application was processed the Planning Department staff
neglected to advertise the matter of relief from the sign
condition.
I t i s the j udgement of the Zoni ng Adjustor that the si gn
adverti si ng the business, at i ts 1 ocation adjacent to a freeway,
is not unreasonable and that the sign is tastefully done and not
a di stracti on.
, .
MEMORANDUM
PAGE Z
It's the judgement of the Zoning Adjustor that this sign should
be authorized as if it were subject to a change of condition
order of SPE-34A-78. For clarification, this sign and any other
future signs pertaining to the kennel business shall conform to
the standards as spelled out in Sec tion 4.17,120 d, of the
Spokane County Zoning Ordinance.
2) Condition #7 of the original approval SPE-34-78 requires screen-
ing with live plantings to the west and south of the then
proposed kennel. The kennel was not constructed according to
the plans submitted and such plantings would not serve the
intended purpose. If the plantings were intended to provide an
audio screeen for the property to the west, the applicant has
now accomplished that by erection of a solid fence on the west
side of the safety yard, thus providing a baffling for sounds
travel l i ng i n a westerly di rection.
It is the opinion of the Zoning Adjustor that the purpose and
intent of this condition has been achieved by the solid fence
addition by the app]icant. It is the position of the Planning
Department that it is no longer necessary to enforce all of
Condition of Approval V.
Any reader of this document is again advised of his right to appeal
this administrative decision under the conditions outlined above and
subject to the specific provisions of the Zoning Ordinance.
° 0001 i
L
IrITEROFFICE MAIL
SPOKANE COUNTY ZONING ADJUSTOR GARY NELSON, ENGR. OFFICE
PUBLI*C HEARING
AGENDA: APRIL 9, 1986 TELEPHONE NO.: (509) 456-2205
TIME: 1:15 P.M.
PLACE: Spokane County Planning Department
N. 721 Jefferson St.. 2nd tloor hearing room
Broadway Centre Bldg.
Spokane. WA 99260
APPLICATIONS WILL BE HEARD IN THE FOLLOWING OROER, EXCEPT THAT ITEMS CARRIED OYER
FROM PREYIOUS HEARItIGS WILL 8E NEARD FIRST. LEGAL DESCRIPTIONS AND PROJECT DETAILS
FOR THESE PROJECTS ARE AVAILABLE IN TNE PLANNING DEPARTMENT FILES.
* A Determination of Nonsignificance (UNS) has been issued for EACH PROPOSAL MARKED
with an A ONS is a decision, based upon information available at the time the
DNS Nas issued. that no Environmental Impact Statement has been ordered to be prepared
because it Nas judged that there was not likely to be a significant adverse impact to
the physical environment. kritten cortxnents regarding the DNS: (1) are due by the
close of business hours, Apri 1 7. 1986; (2) should reference the speci fi c fi le number;
and (3) should be addressed to the Spokane County Planning Department, N.721 Jefferson
St., Spokane. WA 99260. Addi tionally, comnents regarding the DNS and any other
environmental documents may be made at the public hearing, the time and place of which I
is set forth herein. Contact the Planning Department staff for more information (509)
456-2205.
1. VE-169-85 RELAXATION OF FRONT YARD SETBACK REQUIREMENT I
teneral)y located south of and adj ent to
Sprague Avenue, 120' east of 7hierman St. in
the NE 1/4 of Section 24-25-43.
PROPOSAL: To allow an enclosed, porch-like drive
up window (Spokane Photo) to be
located 19' from the front property
line, whereas Section 4.10.080 d.l, of
. the Spokane County Zoning Ordinance
requires a 35' setback from the property
line in the Commercial Zone.
SITE SIZE: 6,480 sq. ft.
APPLfUU: James Williams (Spokane Photo)
L. c/o Pat Kofinehl
* 2. SPE-34A-78 CNaNGE OF CONDITIONS
Located north of Cataldo Avenue and south of
Boone Avenue, approximately 1400' east of Flora
Road in the NE 1/4 of Section 16-25-45.
PROPOSAL: The applicant is requesting a change of
conditions to Condition KB.1. and the
site plan of the Conditional Use Permit
granted on Oct. 25, 1918, which limited
the number of dogs to 25 and the
number of kennels to 22. The applicant
is proposing an expansion to the east
to allow up to 100 dogs and up to 50
kennels in the structure.
SI TE S I ZE : 5 acres
APPL I CAN1: James Nemphi 1 1
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SPOKANE COUNTY ZONING ADJUSTOR , PUBLIC HEARING
AGENDA: FEBRUARY 26, 1986
TIME : 1 :15 p.m.
PLACE: Spokane County Planning Department, N. 721 Jefferson, 2nd floor hearing room
CHANGE OF CONDITIONS
~ Located north of Cataldo Avenue and south of
Boone Avenue, approximately 1400' east of
Flora Road in the NE 1/4 of Section 18-25-45.
~
PROPOSAL: The applicant is requesting a change
of conditions to Condition #B.l. and
the site plan of the Conditional Use
Permit granted on Octo ber 25, 1978,
which limited the number of dogs to
25 and the number of kennels to 22.
The applicant is proposing an
expansion to the east to allow up
to 100 dogs and up to 50 kennels
in the structure.
SITE SIZE: 5 acres
APPLICANT: James Hemphill
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OFFICE OF COUNTY ENGINEER .
SPOKANE COUNTY, WASHINGTON
Date, April 1 19 86
{nter-office Communication
Spokane County Zoning Adjustor
Till
From Spokane County Engineer
Subject Agenda Items Scheduled for Public Hearing April 9, 1986
1. SPE-341-78 Hemphill - See Engineer's comments of February 11, 1986.
2. CUE 6-86 Wilson - Applicant should be advised that an approach permit must be
obtained from the County Engineer prior to construction of any new driveway .
approaches. 3. VN 10-86 Scott - See attached comments which pertain to the proposed private road
access. ,
4. CUN-7-86 Scott - Applicant should be advised that an approach permit must be
obtained from the County Engineer prior to construction of any new driveway
approaches.
BMc/lvb _
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~ . . ,
. . . , .
• '
- SPO KANE COUNTY PLANNING DEPARTMENT
APPLICATIONS BEFORE THE ZONIiqG ADJUSTOR/BOARD'OF ADJUSTMENT
Certi fi cate of Exerrption ` App1 i catiori ~
N ame o f APP1 i c an t: ,
~7
.Street Address: /GZ
- Ci ty: State: Zip Code: Phone No.
N ame o f P rope rty Owne r(s
REQUESTED ACTION(S) (Circle Approp riate Action):
Variance(.s) *ondi~tional Use Permit Non,Conforming Lot/Use
Othe r:
*
FOR STAFF USE ONLY *
34 - 7e cF 2 ) CL, 5 Z1. / 7, / Zcn (F ) *
*
*Ci. te 0 rdi. n an ce Se cti on : 24. zSc.~ 0 d Co de : New Co de : t
*
*Section JS,~ Townsh1p 25 Range Z~.5 Property Si ze:
*
*
*Existing Zoning: F.L.U.P. Designation: ZI-Z~C","
* U OY. *PSSA: CY~ N UTA: ~N ASA: N Lega1 Checked by:
*Hearing Date: Receipt #
Existing Use of Prsperty:
,
Describe Intended Proposal
~ rJ = ~ " ~
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✓
St reet Addres s o f P rope rty : 4z /.-2
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Legal Descri ption of Property (_Incl ude easement i f appl i cabl e) :
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Parcel Source of Legal : Total amount of acjoining land controlled by this owner/sponsor:
.
What iriterest do you hol d in the prope rty:
Please list previous Planning Department actions involving this property:
S' rfE. -~q -7 ~
I SWEAR, UNDER THE PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR AUTHORI-
ZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN PERMI SION FROM SAID
OWNER AUTHORIZING MY ACTIONS ON HIS/HER BENALF IS ATTACHED; AND (3) ~L F THE ABOVE.
RESPONSES AND THOSE ON SUPPORTING DQCUMENTS MADE HFULLY A T E B~T OF
MY KNOWL EDGE.
S i gn e d:/~i~~
. = A dd re s
. Phone No. : Date :
.
NOTARY SEAL: Notary:
. J , ~ .
Date:
, . , . •
VARIANCES 1. In view- of the above i nformation, what speci al ci rcumstances (beyond your
- control- or acti on ) depri ve you of the same general ri ghts and pri vi 1 eges of .
other property owners within the same zone and vi cinity? 2. If the vari ance were grarited, how woul d it affect nei ghboring properties or
improvements?
B. ONDITI
ONAL USES, ZERO LOT LINE, NON-CONFORMING USE, TEMPORARY PERMITS, ETC.
~
1. Please give a concise explanatiori of the proposal including size, hours of
operation, expected traffi c and other features, etc.
C. WAIVER Qf VIOLATION '
. H/or wh was the structure established outside the rovisions of
Y p the Spokane
ounty Zoning Ordinarice? _
~
D. SIGN-OFF BY COUNTY DEPARTMENTS
l. COUNTY HEALTH DISTRICT
A prel iminary consultation has been hel d to di scuss ~~prpposal appl i-
t has be ~ rmed f requi rements and stan rds , j,
~ C.
~
;Si . J
Aki Alit /f(
gnatureate g-o f Wa' ve~
2. COUNTY ENGINEER' S DEPARTMENT
A preliminary consultation has been held to discuss the proposal. The appli-
cant has been infornied of requi rements and standards.
Lp
(Si gnatu (Date) ) (Si gn-off Wai ved)
3. COUNTY UTILITIES DEPARTMENT
A p rel i mi n ary con 1 tati on has been hel d to di s cuss the p ropos al . The appl i-
nt has been in med of requi rements and standards.
% U 0, < ~ 4m
gnature) Date (Si gn-off Wai ved)
4. WATER PURVEYOR (if applicable) Name:
a The proposal is/is not located within the boundary of our service area.
b We are/are not able to serve this site with adequate water.
c) Satisfactory- arrangements have/have not been made to serve this proposal.
(Si gnature) (Date) (Si gn-off Waived)
• .
1
► r
Nf1ME :
FILE # : v
I. VARIANCES The County 2oning Ordi nance, Section 4.03.020 (64), cl ari fi es
that variance is an adjustment made to a"dimensionai" regulation.
Websters New Collegiate Dictionary (1979) defines "dimension" as a
.measure in one di recti on (and therefore i ncl udes "area"
A. State Law (36. 70.020 {14} RCW)... Is the subject property depri ved of
privileges corr~nonly enjoyed by other properties in same vicinity and zone and
does the vari ance remedy the di fference in pri vi ieges? If so, what pri vi i eges?
B. Because of speci al ci rcumstances appl i cable to subject property, incl uding
size, shape, topography, location or surroundings, does strict application of
the dimensional regui ation depri ve the subject property of ri ghts/pri vi leges
enjoyed by other properties in vicinity under IDENTICAL zones? If yes, what
speci al ci rcumstances exist?
AL--~".
C. Wi 11 granting of the vari ance be materi al ly detrimental to publ i c wel fare OR .
injurious to property or improvements in the vicinity and zone in which the
subject property is located?
,
.
-
. • 4 • RYf• , . SPQ KANE COUNTY PLANNING DEPARTMENT • APPLICATIONS BEFORE THE ZONING ADJUSTOR/BOARD OF ADJUSTMENT
•Ce rti fi cate of Exerrpti on ` Appl i cati on 34A - 79
Name of applicant:
5 t ree t Add res s:
Ok /0( 0-0
City: State: e!-c~ Zip Code: Phone No.:~~.~~~/
Name of Property Owner(s): - '
REQUESTED ACTION(S) (Circle Appropriate Action):
Variance(.s~ )~Condi*tional Use Permit Non-Conforming Lot/Use
Other:
*
FOR STAFF USE 0(VLY *
* ~h c~ i ~-r c ~..~7 a?+. t Si~C= - 314/- '7'
K : l ) rrr,n.e c~ Xd * Ci te 0 rdi n an ce Se cti on :4. 2~. zS~~ Co de : New Co de :
*
. *
*Section J53 Townsh1p Range ~15 Property Size: Sa-t-__
*
*E xi 5 ti n Z oni n
g g: ~--fv F.L.U.P. Designation: l1 ~ ~
* U
*PSSA: CY~ N UTA: rN ASA: OY N Legal Checked by:
*
*Hearing Date: Receipt # * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Existing Use of Property:
,
, .
Describe Intended Proposal : ;~~'G -•t C:r
v,.
r-
Street Address of Property:
~
Legal Description of Property (Iriclude easement if applicable):
Parcel Source of Legal: -
Total amount of ac~joini ng 1 and control led by thi s owrier/sponsor:
,
What iriterest do you hold in the property:
Please list previous Planning Department actions involving this property: .
I SWEAR, UNDER THE PENAI.TY OF PERJURY, TNAT: (1) I AM THE OWNER OF RECORD OR AUTHORI-
ZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN PERMISSION FROM SAID
OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED; AND (3) ALL OF THE ABOVE.-
RESPONSES AND THOSE ON SUPPORTING DOCUMENTS ARE MADE TRUTHFULLY AND TO THE T OF
MY KNOWLEDGE. `
%
Si gned/:,, ~f,~7
AddresS: --Q ; r ~ ~ l ~
Phone No.: Date :
NOTARY SEAI.: Notary: Date:
w ~
' VARIANCES
1. In view of the above i nformation , what speci al ci rcumstances (beyond your
control or action) deprive you of the same general rights and privileges of .
other property owners withiri the same zone and vicinity? 2. If the vari ance were grarited, how woul d it affect nei ghboring properties or
improvements?
B. eNDITIONAL USES ~ ZERO LOT LIIVE NON-CONFO
, , RMING USE, TEMPORARY PERMITS, ETC.
l. Please give a concise explanatiori of the proposal including size, hours of
operation, expected traffi c and other features, etc.
C. WAIVER Qf VIOLATION
~
. How or why was the structure established outside the provisions of the Spokane
'ourity Zoriing Ordinarice?
D. SIGN-OFF BY COUNTY DEPARTMENTS
l. COUNTY HEALTH DISTRICT
A preliminary consultation has been held to discuss the proposal. The appli-
cant has been informed of requi rements and standards.
(Si gnature) (Date) (Si gn-off Wai ved)
2, COUNTY ENGINEER' S DEPARTMENT ~A, 1
. A prel i minary consul tation has been hel d to di scuss the proposal. The appl i-
cant has been iriformed of requi rements and standards.
-'/l
~
Z~
(Si gnatue (Date) (Sign-off Waived)
3. COUNTY UTILITIES DEPARTMENT -
A p rel i mi n ary con 1 t ati on h as been hel d to di s cus s the p ropos al . The appl i-
rit has been in med of requi rements and standards.
gnature) Date (Si gn-off Wai ved)
4. WATER PURVEYOR (if applicable) Name:
a The proposal is/is not located wi thin the boundary of our servi ce area.
b We are/are not able to serve this site with adequate water.
c) Satisfactory arrarigements have/have not beerl made to serve this proposal.
(Si gri ature) (Date) (Si gn-off Wai ved)
.
s
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b
R E C E I P T Date /6', _ _ 1 qS'6
~
R e c e i v e d F r o m l
Address - -i-- ~
Gollars
For
;
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acc OUr,r t,uW pAt° I
P.MT l7f r__~~~~~ ----r•.~w:r. -
AiCOUNl
- 4,Mr f'AIG dV7
BAIaNCE
d LIF tr`,,rfR, By-.~
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t~--~.- - - -
~ FLINTLOCK'S KENNEL 617
~ J. M. OK CAROL A. HEMPHILL I
EAST 17505 CATALDO 922-8118
~ GREENACRES, WA 99016 24-7038/3230
~
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$ ,~q _ 7p
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PAtAR'E AT B i'S7 (N POfi
TLANQ. OH
E Y OFfICE
SPO N
;
Ben~. ►,~l 14;D6 prague
- P O Box 14288
Franlclin Spotiane, bveshington 99214
~
i: 3 2 30 70 380i:09 3 0113311,811 0 6 L7
-.OFFICE OF COUNTY ENGINEER ~
SPOKANE COUNTY, WASHINGTON
Date, . , _ . , 19
Inter-offite Cornrnunication
To..
From
.
Subject '
•viLi:-~.ls _iLi L 1 c..i. .
poaed apartment compleY will generate approximately 195 [0 20[) average weeku_i;
i.cle trip end (A.V.W.T.E). This figure is arrived at by utilizing data
§~toned by the Iustitute of Transportation Lngineers wllich ia published in
.ticir report en[itled "Trip Genergtion." This figure Ys not unreasonable since
t takes inta account nce total volumeg of tratiic to be genera[ed by the
,roject. The figure includes trips made Dy delivery and service vehicles, as
-.~11 as visitors and guests. A figure of 6.1 A.V.W.T.E represents an "average
. . - - . ~
•.!nerated hy 18 units. 'I'his addfCf.4nal traffl.c can be accowtaodated by the
oadwayQ fn the neighborhood. However, the increased traff ic will be apparent to
xisting reaidents since peak traftfc flows wi.ll occur frotiti 7:00 M1 to 9:00 PM
1d .'t;tln Pm zc, 6:(1(► pr,. Additiortal tr8fffc con:<!Pstion may he experienced at the
. . , .
. . _ A. i.. t- 1 : . i _ C ) : _ . j , - 1 ..a . . i , i . 1 c . _ . , - • . . . . t t . ~ l_ c_ ~ , . L .
proposai, we would request that the applfcant he required to comply Wicri [he ~
' '-)wing condi tions : ,
-~emonstr.ato Cha[ legal access to the site over and across che adjoin_
, *-r-•' f •.4 tU the northwest of the prnpogal; '
.,pokAne Gounty Notice to the Public #3 for the acces~: acijoini.t% parce1. This NoLfce providea that Spokane Count}• is nt ~
, ` , . c ! . : , . ; . , . . f . , , , .
a 11:,~►,,6
~ .
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. , . . OFFICE OF COUNTY ENGINEER
SPOKANE COUNTY, WASHINGTON
F'ebruary 14, 1986
DotP 19
Inter-office Communication
Spokane County Zoning Ad j ustor
To
Robert S. Turner, Spokane County Engineer ~
f rom
Su6ject Agenda Items Scheduled for Public Hearing 2/26/86
1. CIIN-13-81A Northwood Properties - The County Engineer's office projects that the
proposed apartment complex will generate approximately 195 to 200 average weekday
vehicle trip end (A.V.W.T.E). This figure is arrived at by utilizing data
developed by the Institute of Transportation Engineers which is published in
their report entitled "Trip Generation." This figure is not unreasonable since
it takes into account the total volumes of traffic to be generated by the
project. The figure includes trips made by delivery and service vehicles, as
well as visitors and guests. A figure of 6.1 A.V.W.T.E represents an "average
number." The maximum number of trips reported is 12.3, while the minimum is 0.5.
The projected traffic volumes amount to a 56% increase over that which w+ould be
genera[ed by 18 units. This additional traffic can be accommodated by the
roadways in the neighborhood. However, the increased traffic will be apparent to
existing residents since peak traffic flows will occur from 7:00 AM to 9:00 PM
and 4:00 PM to 6:00 PM. Additional traffic congestion may be experienced at the
intersection of Shasta Way and North Wall Street.
In addition to the "Conditions of Approval" which are presently applicable to
this proposal, we would request that the applicant be required to comply with the
following conditions:
A. Demonstrate that legal access to the site over and across the adjoining
. parcel which lies to the northwest of the proposal;
B. Sign and record Spokane County Notice to the Public #3 for the access across
the adjoining parcel. This Notice provides that Spokane County is not
responsible for construction and maintenance of the private access; and
C. Submit for review and approval by the County Engineer and County Planning
Department a parking plan and traffic circulation plan.
2. CUE-39-85 P.N.B. - See attached comments.
3. SPW-7-78A Blocher - No comment concerning this application.
4. VN71-85 (B&C) - Rainier Financial Services - See attached comments.
5. SPE-34A-78 Hemphill - See attached comments.
~
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' • , , .
OF F[ CE: Uf COUNTY P.Nt: I NF:ER
SPUKANE COUN'fY, WA5HINGTON
' ..._.t
t(1: Six,k.iiit (a+ii>>i v f' 1.innin}: (ep.ir t invii[
~
FxOri: G)iinfy F:iighieor'ti 11ep.ircmerir
SUF3 i F:Cf : Ct)nd{t toii` (iF , . . , -y~imh~~► . _ SRL'- " 3V).:7e .
App 1 i c•an r'q N.imt~ ern h lt
S~~c~t io~n 16 TowTisl~tp Z5~N,~ K-itike qS EGJM
Plarnm i- c
he fn11ow1nR "cond iC[c>ns f ~t ppr(iva l" for tht• a N►ve-rafereiireci z,►--,----olwi-f+gr-ace FubmtttPCl Co
. for inc•liitiion in t1ie staf f inalystF artd
f lndings and order" uf th(c he►ar lnR r:rhieduled ZiP. 196b.
"rioc To The Ieeuance O.f A Building Peroit
) A p p 1 1 c a nt s'h a 1 1 de d i c a t e lO f e e[ on Crslvn~\tt ( t-, c N t'~z ~ t: ~eti,• (2~., raci~
foc ciKht-of-way prior tu aity use of [he property. `
. Applicant sfiall dedicate Eeet on •
for right-vf-way anci slope easemeiits as necessary priuc to any use of the proper[y. ~
. Applicent shall dedicate a foot radius on
and pc iur (o any uee of t iie pro pec c y.
. Applfcan[ ahall dedicate feet on and a fooc raJitis on
and foc rigt►[--of-way prioc [o eny tiaP of [he propet[y.
. AcceRa permits Eor srnroaches to the County Rn.id Syatem shall he oDtained from the
Spokane County Eiigineer.
. AcceRa pecmita and fmprnvementF to a+udt br alipcoved
by the WaRhing[on Dep,+rtment of TYanspor[acion.
. ACCPAR permits and improvemen[s tn mue( he approved ~
by t he Ci ty o E .
~(a) Applicant Rfiall ;Uk i~ 8 MArinec caneietent with Spokane
Cnun[y TYPiCAL roadway secCiart No. a minimtim peving vlcith_kcf-.el~ r.~.tG1,
(b) Arplicant shall improve ~ !n e manner Cnr181HCPi1[ with SEx)kaiie
Cnunty TYPICAL roadway Fection No. minimum ravinR width~ .
(c) App11can[ shell imprnve '--in a ewiirier e►rieisrenc wlttt tipokAtie
('.oiiriCy TYP[CAL ro~a(lway Ror[ tnri f~c). miit lmtim pnvt►ig w1i1th ! .
(d) Applican[ qFiall tmprnve _ __~_li1 m.1nn~~r cv~~iKlKtt•nt with tiiw) katir
(:t~unty TYP[CAL. r~~adw,~y St-rti~~ri F3~). int~llmiim pavin}; wftffl► ~ .
( e ) f ) C I t e a p e C f F 1 c 1 i n pr t, v 4-rn eiit
ApI)l 1,'.1f1t ^•h.i I I .01fJ1f t I•l1 .jjt(lfl►:'.lI hV 1 :1" -G Illt` ('i1 111►( y {'i111`I•t' ►t►.I(1, lit.1I 1111P.0', llrlO
a~re•i-: pI.iiir; pr lor r,► r)i,, !'."Wiiif roil i hii I I I hi}, porm1 t~,n t tir pi c,~lot l v.
1. Thr ;tp`,l Irnnr tih {~.~~I~~~~f I flir ►I'!'t,►vi1 hv ll1, 4.11-14,111C. (",1111tV F11);111el•t
Cl-1mrV Hl`:1 ~ th D1,:1 f 11 r 1 Is-f 1lli'11 ~~~il~~~ ~1~•~~ 4111-ti I(f• ~:~'~J.ij!~• •:y',1 #'fil I'l1n `.iii t If WFIt/'1
df 4pr)-:;iJ (~~.~r~ I ~~t I li~ ~ ~~f ; ~v ~~t'~~ ~~~i t ~~►r f., 1 Iw r►f ~~iv liiiI I I I nt, ;ivt' in) t~irt f ho
pr f►ju- r t y.
_ " . ..-+~.w+.www MY +sf• 4.44~Wi~~. ~JNMMY'MMMO
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1. Ap,i r I.1 n~; I.iii at i.t <<.i 1 t 1t• i r t•u I.t t lor► 1) latt »lia l I ht- ~:iii,in 1[<<-,1 it i. I a p I►t , o vt•d hy Clte
5po ka ii4- (i,iuI ly ktiKii+cer pt 1or
[4► Che iSr;u."tCe uE .i hi,lld iliF, j)-vrm1t ()1► Clic pri,peCty. TI►k!
<iesign, I„ca[t,ln, n1141 .irtalil;emeni oE pal kliig sCaI1s sliall te In ac•coi ciaiire w1Lti sta(idacd
t ra f f lc rnglneer 1 iiX pr.ic.t 1 ec-s. l'.lvliig ur Lur f.ic1 ng apE)roved hy t tit- (;uunty N:ngineer,
,
wl 11 he requfred tor aiiy 1w,cCiun uE Clie 1)rujec[ wltlclt is tu be occ~spied uc trevelled by
vehicles. .
The wurJ "appllcant" shall liiclticle [tie owiier or uwiiery uf che pruph:rcy, tiib heirs,
J aesigiis, atid suc:cesgurs.
~ To cunr:truct the- road 1mpruvecnents sta[t-c1 hrreici, tl» applicaiit may, w1Ch the approvel uf
[he Cuunty Engineet, juin in and be a wiliing participan[ in a<<y peCitton or resolution
whicti p„rpose is tiie furmacion of a Road impruvement DiKtrict (Kll)) fur said ln)provement
purbuant to 1tCW 36.88, as amenJed. SWkane Wunty will ~to[ pectic:iNdte in cvst of
these improvements.
As an al[ecnHtive method of co«stcuctlnK tfte road iroptuvement s[ated hcrein, the appli-
cent may, with the approval of the G>un[y Engineer, acCOmpliBh the road improvemente
sta[ed hereiri by ,juininK ari(i partieipa[inK in a Coun[y Koad Prc,ject (CKY) cu tfie extrn[
of the required road improvemen[. Spokane Couiity aill not par(iclpate in tle coet of
theee improvements. •
S. The cunsCruction of [he- roact tinpruvenletits statEd t*-rein shdll be uccomplighed ae ap-
proveci by the SNk,ane CounCy Engineer.
~ All required improvematitd shall aniiform ti) Che current State Ot W<<shingcon 5tandard
~ Specificatiuns fvr R.uad ai►J 8ridge 'Con&Lructioi►, encl other arpticAbie cuu<<ty atftndards
and or adopted resolu[ione pectaining tr) FZaad St.zndxrde Atid SturmwA[er MHnagemu-nt in
effect at ttte da[e of cunetruction, unleas o[hervlee approved by tlle Cuwity Engineec.
1. Appllcant shall file a petition for Che vacetion of priur to
eny use of Che pruperty.
8. Appltcent ehall conetruc[ a paved a«d d411cieHtrd eccetis 3ppcoach(g) to meet the existiny, ~
pavemen[ on •
9. Access to Ftvad Kha11 br prohi bi Ceci unc i 1 eucli t iine es apecif icelly
authociltd by [he Spokane Cuun[y tngineer.
rl Roadway standarJa, typical ro,advay sectlons a~id cirainaKP plAn rrqtiirementa are fouiid in
Spokene Board of Cc?ucity (:unimisKiuners Rkeulutlon fi). 80-1592 as aioviidNd ond are applieable
Cu th is p rupasa1.
l. Th18 plat vt develeypmt•t►[ prtip+)Hal is toc•iCecl wi ttiin A cirHinaKe hacilii utiich tiHd been
identiEied by the Sp,kane (:vunty Engineer'e UfEice ae Iieving eturmwacer runofE pcobtems.
Sinr_e (liiR plat ur develcipment prupoy:+l iti nffectr(f by or is » ct►ntrthutor to etormvgter
flows, proper[y nwiiers sluotild pxrtlclpxte lt► tfle rl+jill►1liK Hnd lmpleineiltatlon of e ftiturr
bReinwftle sCorowater n"+i.oKeine>>t yytttem. 1he foi lnwfnK "G)ridit toli uf Appruval" ehall M•
req>>irecl: T1iat [iie! uwiiec(s) ot %licceHsc,r(F) !n incere%c .iKrer tu jolll In ui►y G)ullCy
approved S[ocmwaLrr M-itiag«-ment 1'r.,}{rt+m and t-► pay stirh ratN-4 arid ( liary{es irt miy be f lxed
[liroughi puhlir. 1►earltigs fur servire uc htiirfJt ~)htaliivJ l►y ttie plariiiinK, deKtgn, Cuii-
~
d[ruc:tlriK, ma{ntr+ininK, c~~ ~operac ton ot sLo► ma•Hter cuot ro1 tH. 11 itleh. ~
ll/4 ~
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