CUE-6-01 .
14
SPOKANE COUNTY HEARING EXAMINER
RE Conditional Use Pernut for a Home Industry, )
in the Urban Residenhal-3 5(LJR-3 5) Zone, ) Fd1VDINGS OF FACT,
Applicant Dan and Crystal Clark ) COIVCLUSIOIVS OF LAW,
File No CLTE-06-01 ) AND I)ECISION
I. SIJ1VgMARY OF PROPOSAL A1KD DECISION
Proposal: Application for a condirional use permit for a home industry, in the Urban
Residential-3 5(LJR-3 5) zone, to allow a lawn and tree spraying business
Decision: Approved, subject to revised conditions of approval
The Heanng Examiner has reviewed the condihonal use pernut apphcahon and
the evidence of record, and hereby adopts the following Finduigs of Fact, Conclusions of
Law and Decision
II. BACKG1tOUND/FI1VDINGS OF FACT
A. General Information:
Applicant/Owner: Dan and Crystal Clazk, 14823 East 14" Avenue, Veradale, WA 99037
Site Acidress: 14823 East 14`hAvenue, Veradale, WA
Site I.ocation: Generally located north of and adjacent to 14I' Avenue, approxunately
150 feet east of Mangold Street, in the SE 1/4 of Section 23, Township 25 North, Range
44 EWM, Spokane County, WA
Legal IDescription: County Assessor's tax parcel no 45234 1327
Zoning: Urban Residential-3 5(LTR-3 5) The site is located ulside the Aquifer
Sensitive Area (ASA) Overlay zone and the Public Transit Benefit Area designated by
the County Zorung Code
Cognprehensive Plam: Urban category The subject property is located inside the
ASA, the Pnonty Sewer Service Area and the Urban Impact Area designated by the
Comprehensive Plan
IUGA: The srte is located uiside the mtenm urban growth area boundanes
designated by the County, pursuant to the State Growth Management
HE Finduigs, Conclusions and Decision CLJE-06-01 Page 1
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EnvIlronmental Review: A Deternunation of Nonsigruficance (DNS) was issued by
the Division of Planrung on May 4, 2001
Site Description: The subject property is approximately 20,900 square feet in size,
rectangular in shape a.nd generally flat in topography The site is improved with a single-
family residence and attached garage in the north end of the property, near 14I' Avenue,
and a 6-bay, pole-type, detached accessory building with a cement floor located near the
north property line A covered water tank is found in the northwest corner of the site
The intenor boundanes of the property are bordered by 6-foot h.igh wood fencing
installed for adjacent properties The north half and the easterly 20 feet (dnveway) of the
lot have a graveled surface
The applicant is currently using the detached accessory buildmg for a lawn and tree
spra}nng business The business was started on the site in approximately March, 2000,
and is the sub,Ject of a zoning complaint Some items for the business are being stored on
the site between the detached accessory building and wood fencing for the adjacent
property to the north, including some empty tanks, tnple-nrised pesticide containers and
plastic pesticide barrels
SurroumdIlng Conditions: Adams Road, located approximately 500 feet west of the
site, is designated as a Minor Artenal by the County Artenal Road Plan 16' Avenue,
located approximately 600 feet to the south, is designated as a Pruicipal Artenal The
other roads adjacent to or near the site are considered Local Access roads
The area is designated m the Urban category of the Comprehensive Plan, and is
dorrunated by UR-3 5 zorung and single-fanuly homes The land located north of the
subject properiy was divided into 3 single-fanuly lots, through a short plat approved in
1994 (File No SP-948-94)
Project Description: The application requests a conditional use pernut for a home
industry in the UR-3 5 zone, to allow operation of a lawn and tree sprayuig business from
the detached accessory structure on the srte The site plan of record subirutted on
February 6, 2001 illustrates the gross floor area of the residence and attached garage as
approxunately 1980 square feet, and the gross floor azea of the detached shop as
approximately 2080 square feet
The busmess is described in a letter dated February 15, 2001, from the applicants to
County Plantung, and in the environmental checklist The letter indicates that the
applicant owns two spray trucks, each with 2 spray tanks One truck has a tank used to
spray herbicides on lawns, while the other tanlt is used to spray insecticides on trees and
shrubs The second truck has tanks used exclusively to apply long-term herbicides for a
2-month penod each spnrlg The tanks are cleaned at the end of each season
HE Findings, Conclusions and Decision CLJE-06-01 Page 2
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The applicant is currently using the easterly half of the detached accessory building to
store two spray trucks, each with a large spray tank, equipment, and chemicals for the
business This includes a locked room for storage of chemicals, located in the southeast
corner of the accessory building The building is kept locked The westerly half of the
detached building is used for personal storage Water is currently piped from the holding
tank on the site to the east side of the accessory building, where the tanks on the truck are
filled each day Chemicals are mixed with the water in the tank on the spray truck off-
site, at vanous job locations Equlpment and velucles are not washed on site
All chemicals stored on the site are category III or IV pesticides, wluch are not
considered highly toxic The chemicals are purchased on an as-needed basis, so that there
is no storage of bulk pesticides or other chemicals The business is operated between
March and October of each year, from 8 00 a.m to 6 00 p m The business is closed on
Sundays and most Saturdays No signage is proposed and customers do not come to the
site
The environmental checklist indicates that the business currently employs one outside
employee off-srte No outside employees are employed on the site The business would
generate approximately 2 round tnps per day from the site
B. ProceduralIOforBnation:
AppLcable Zoneng ltegulations: Spokane County Zorung Code 14 616 240 (4), and
Zoiung Code Chapter 14 404
]Eiearing I)ate and I.ocation: May 23, 2001, Spokane County Public Works
Builduig, Lower Level, Commissioners Assembly Room, 1026 West Broadway,
Spokane, WA
Notices: Mailed May 7, 2001
Pubhshed May 5, 2001
Snte Visit: NTay 22, 2001
Heaeing Procetlure: Pursuant to County Resoluhon Nos 96-0171 and 96-0294
Testimony:
Deanna Walter Dan and Crystal Clark
Division of Planiung 14823 East 14' Avenue
1026 West Broadway Veradale, WA 99037
Spokane, WA 99260-0240 Spokane, WA 99260
Bob Mosier Denise Shuster
14820 East 13'hAvenue 14904 East 12'' Avenue
Veradale, WA 99037 Veradale, WA 99037
HE Findings, Conclusions and Decision CLJE-06-01 Page 3
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Don Stamback
1309 South Mangold
Veradale, WA 99037
Items Nottced: Spokane County Generalized Comprehensive Plan, County Zoning
Code, County Code, 1999 County Standards for Road and Sewer Construction, County
Guidelines for Stormwater Management, and County Artenal Road Plan maps County
Resolution Nos 99-0261 (revising County Road Standards), 97-0874 (revising intenm
regulations for County IUGAs), 96-0294 (Heanng Examiner Rules of Procedure),
96-0171 (Heanng Examiner Ordinance), and 85-0900 (adopring Zomng Code, and
Program to Implement Zomng Code) Final land use decisions referenced in Staff
Report
Procedural IVlatter: On May 30, 2001, the Examiner received a letter from the
applicants, in which sought to supplement the record wnth additional information The
Examiner excluded such letter from the record, for the reasons cited in the Examiner's
letter to the applicants dated June 4, 2001 On Ju.ne 6, 2001, the Examiner received a
letter from Denise Shuster, responding to the applicants' letter subnutted on May 30,
2001 The Examiner excludes such letter from the record, since it either relates to the
additional infonnation offered by the applicants and excluded by the Exanuner, or
reiterates arguments made at the public heanng
M. H.APTD iJSE ANAI.YSIS
FINDINGS OF FACT AND C0NCI.IJSgONS OF LAW
A Approval cntena
The Hearing Examiner Ordmance authonzes the Heazing Exarruner to grant, deny
or grant with such conditions, modifications and restnctions as the Exanuner finds
necessary to make a condihonal use pennit apphcahon compatible with the Spokane
County Generalized Comprehensive Plan and applicable development regulations See
County Resolution No 96-0171, Attachment "A", paragraphs 7(d) and section 11
Development regulations include without lumtanon the County Zorung Code, the State
Environmental Policy Act (SEPA) and the County's Local Envuonmental Ordmance
(chapter 11 10, Spokane County Code)
To be approved, the conditional use pernut must comply with the cntena set forth in
the Urban Residenhal-3 5(LJR-3 5) zone for a home industry, the development standards of
the UR-3 5 zone, the general requuements for conditional uses contained in Zomng Code
14 404 100 et seq, and other applicable development regulations Zomng Code 14 404 101
authonzes derual of a conditional use permit " where it cannot be shown that the
requested use will be compatible with other permitted uses in the zone mvolved and
authonzes the Hearing Exanuner to impose conditions on development of a condinonal use
to ensure the pernut's compahbihty wrth other pernutted uses in the zone
HE Findings, Conclusions and Decision CLJE-06-01 Page 4
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Zomng Code 14 404 102 (1) sets forth vanous conditions and restnchons that may
be imposed on issuance of a condihonal use permit Tlus includes control of use, special
or enhanced standards of development, control of noise, glare, and other environmental
effects, control of operatuig hours, limitahons on durahon or tune of use, and " [a]ny
other reasonable restnctions, condihons or safeguards that will uphold the spmt and
mtent of the [Zoning] Code and the Comprehensive Plan and mitigate any adverse impact
upon the adjacent property by reason of use, extension, construction, or alteration
allowed "
A comprehensive plan is considered as a general bluepnnt for land use regulahon
See Cctizens for Mount Yernon v City of Mount Vernon, 133 Wn 2d 861, 873 (1997), and
Cathcart v Snohomish County, 96 Wn 2d 2019 211-12 (1981) Where a comprehensive
plan conflicts with zorung regulations, the zoning regulahons will usually be construed to
prevail See Weyerhaeuser v Pierce County, 124 Wn 2d 26, 43 (1994) T'his applies to the
approval of condihonal use permits See Hansen v Chelan County, 81 Wn App 133,138
(1996), and Pease Hill v County of Spokane County, 62 Wn App 800, 808-809 (1991)
County Zomng Code 14 100 104 provides that the Zomng Code shall be mterpreted
to carry out and implement the purpose and intent of the Comprehensive Plan, and the
general plans for physical development adopted by the Board of County Commissioners
The purpose and intent of the Zomng Code are, in relevant part, to encourage
orderly growth of the county area, promote compatible uses of land, conserve and
stabilize individual property values, provide desued levels of population density and
mtensity of land use, facihtate adequate levels of commuruty services and uhlihes,
conserve and protect ameruhes, and keep polluhon at or below acceptable levels Zomng
Code 14 100 104
Zomng Code 14 100 106 indicates that when the provisions of the Zomng Code
conflict with the Comprehensive Plan, or other adopted plans and development
regulations, the more restnchve provisions shall govern to the extent legally pernussible
and the Zomng Code provisions will be met as a muumum The Comprehensive Plan
states that the decision g►tudelines set forth m the Plan should be used as a reference
source and guide for making land use decisions Comprehensive Plan, p 2
B The conditional use pernut for a home industrv, as conditioned, izenerallv conforms
with the Comnrehensive Plan, is consistent wrth the numose, intent and develonment
standards of the Urban Residenhal-3 5(iJR-3 5) zone, complies with the special
standards established bv the UR-3 5 zone for the condihonal use, is reasonablv
compatible with other uses permitted in the UR-3 5 zone or in the locahon of the
pronosed use, reasonablv mitiQates anv adverse impacts on adiouung properties bv reason
of use, extension, construcnon or alteration allowed with respect to the conditional use,
and is consistent with the Countv Zorune Code and annhcable develonment regulahons
l
HE Findings, Conclusions and Decision CLJE-06-01 Page 5
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1 Applicable Comprehensive Plan oolicies
The proposal is designated in the Urban category of the Comprehensive Plan The
Urban category of the Comprehensive Plan is intended to provide the opportunity for a
"citylike" envuonment, including a vanety of land uses served by a lugh level of public
facilities and services It is pnmanly a residential category of single-family, two-fanuly,
multifamily and condomiruum buildings, along with neighborhood commercial, light
industnal, public and recreational facilities The Urban category recommends a
residential net density range of 1 to 17 dwelling uYUts per acre Comprehensive Plan,
Section 1
The Urban category states that the more intensive uses such as light mdustnal 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
The Urban category does not directly address itself to a"home industry " use The
Urban category does contemplate "home occupations", which are similar to the "home
profession" use that is pernutted in vanous zones by the County Zoning Code, through
admuustrative action by the County Division of Plaruung The Urban category
recommends that before home occupations are approved m an existing residential area, it
should be determined that they do not disrupt residential amenihes concerning sight,
sound, smell and sunilar factors, create traffic which exceeds road design or wluch
develops traffic hazards wnthm the neighborhood, or negatively unpact the intended uses
within such category Urban category, Objective 1 1 i and Decision Guudeline 1 17
Urban category uses should be served by a lugh level of public services, includulg
public sewer or intenm sewage disposal systems that protect water quahty Decision
Guidelmes 1 12 and 13 3 A vanety and nux of residential uses and densihes are
recommended m such category Decision Guideline 1 14
The Urban category recommends that new residential development be buffered
from existing adjacent uses where adverse effects may develop, through use of spatial
separation, distance, screenuig, landscaping or other performance standards Decision
Gwdeline 15 1 Structure height and the architectural character of new development in
relation to nearby structures in the neighborhood are to be considered before approving
such development Decision Guideline 15 8 Land use pmposals should be consistent
with adopted County and service distnct utility plans, policies and regulahons, and
resolve adverse effects on public infrastructure Decision Guidelme 16 1
The Transportation section of the Comprehensive Plan contains the Artenal Road
Plan and policies applicable to development along county roads The Artenal Road Plan
descnbes the vanous classes of County artenals and their functions, and considers all other
county roads as Loca1 Access roads The Artenal Road Plan maps designate artenals in the
urbaruzmg areas of the county as Pnncipal Artenals, Minor Artenals or Collector Artenals,
in descending order of importance See Comprehensive Plan, Sechon 21
HE Findings, Conclusions and Decision CLJE-06-01 Page 6
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The roads adjacent to the site are considered Local Access roads by the Artenal
Road Plan The pnmary function of Local Access roads is to provide access to adjacent
property and deliver traffic to artenals Such roads are to be designed and located to
provide converuent access to residential lots, discourage flows of traffic through a
neighborhood, and encourage connnuous or unobstructed flow of traffic from a
neighborhood to a neighborhood Collector Artenal Comprehensive Plan, p 247 and
260, and Decision Guideline 213 3
Decision Guidelme 215 10 discourages "through" traffic from using residential
access streets, and encourages makulg residential neighborhoods more attrachve to fanuly
residents This may be accomplished by utilizuig physical and traffic management
techiuques such as offset intersections, circle dnves, curvilinear street design and cul-de-
sacs
The Transportation section encourages an adequate, efficient, safe, economical and
energy-conserving artenal system, wluch provides converuent access to homes,
employment, shopping, personal busmess and recrearion See Decision Guidellne 214 2
Decision Guideline 215 3 encourages land use plannmg that wnll nummize the need for
htgh capacity transportation comdors and encourages land uses m areas that can take
advantage of the available capacity of existing artenal streets
The Transportation section states that proposed development may be required to
dedicate needed nght of way, or to widen, or assist in vvidetung, exishng transportation
facilities, all in accordance wrth estabhshed road design cntena and official maps
Decision Guidehne 21 17
2 Consistencv of home mdustrv wnth annroval cntena
The proposal is zoned Urban Residential-3 5(LTR-3 5), a zone wluch unplements the
Urban category of the Comprehensive Plan Zorung Code 14 616 100 states as follows
The purpose of the UR-3 S zone ts to implement the lower derisity
range of the Urban category of the Comprehensive Plan The
antent of the zone rs to promote areas of primarily single family
residential use an an urbanazed neighborhood setting, having a
hagh level of public services Lots shall be served by a public
water system and shall requtre connechon to a public central
sewer system when available Roadways shall be paved and
curbed and may have stdewalks
The UR-3 5 zone expressly allows a"home industry" as a conditional use,
provided it meets the standards set forth in Sechon 14 616 240 (4) of the Zoiung Code
and other applicable reqwrements Sechon 14 300 100 of the County Zomng Code
defines a"home industry" as follows
An occupation, profession, or craft, excluding an adult bookstore
or adult entertainment establtshment, cn assoctatton wath a
HE Findings, Conclusions and Decision CUE-06-01 Page 7
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primary residence, which rs of such intensity or broad scope of
operataon that public hearing revaew, as a Condittonal Use Permit,
as necessary Therefore, by character and definition, a home
zndustry is dif~`'erent than a home professron or general
commercial, cndustrial and bustness uses
A"home profession" is permitted as an accessory use in the UR-3 5 zone, provided
that a home profession pernut is obtained Zorung Code 14 616 220 A► home profession
is a more limited use than a home industry use, and must be camed on entirely within a
residence by the occupants of such residence, be clearly incidental to the use of the
residence as a dwelling, cannot change the residential character of the dwelling or
neighborhood, and be conducted without giving the outward appearance of a business
See Zorung Code 14 300 100, defirution of "home profession"
Certa.in neighborulg property owners expressed opposition toward the project The
owners of the single-family property located directly west of the north half of the site
expressed concern over potential increased truck traffic, noise from the starting of water
pumps and the cleaYUng of spray trucks with a gasoline blower, particularly in the early
morning hours on the weekend, potential damage to property or children and pets
associated with the storage or use of hazardous chenucals on the site, and establishment
of a business in a residential neighborhood See letter dated 3-28-01 from Bob and Jentue
Shrum
The owner of the single-family property located duectly northwest of the site,
immediately north of the Shrum property, also teshfied that the chenucal odors conung
from the applicant's spray trucks were objectionable See teshmony of Donald
Stamback
The owner of a 17 acre parcel, the south end of wluch borders the northerly half of
the site on the east, also expressed opposition to the project Such parcel extends south to
12`h Avenue, wnth a residence located on the north half of the parcel Such owner
expressed concern regarding the chenucal fumes generated on the site, as being hazardous
to her cluldren, who suffer severe allergies, the storage of hazardous chemicals on the
site, the start of the busmess on the srte wrthout a condihonal use pernut, and unpacts of
the home industry on property values See tesrimony of Deruse Shuster
The owner of the single-family residential lot located directly south of the proJect
expressed concern over pesncide odors coming from the site, including possible
cancerous effects to lus dogs, overflovving of the tank on the spray truck when being
filled, concern that the storage of lugh volumes of chemicals on the site would unpact the
value of adjoining properties, and the incompatibility of a commercial busmess in the
neighborhood See letter dated March 29, 2001 from Robert and Dorothy Mosier, and
testunony of Robert Mosier
HE Findings, Conclusions and Decision CUE-06-01 Page 8
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The applicants contended at the public heanng that the home mdustry does not
generate any off-srte odors However, cherrucals odors have been detected by adjoming
property owners to the north, east and northwest and associated by such owners with the
site Such odors may come from chemical residues in the barrels and the pesticide
containers stored between the accessory building and the north property line of the
subject property, or in the spray tanks filled by the applicant on a dauly basis, or from the
chenucals stored in the locked storage room located m the accessory building
The applicants do not conduct any chemical mixing on the site, and the chenucals
used in the business are not of lugh toxicity The record indicates that the applicant who
mixes and applies the chenucals, Dan Clark, is well tramed in the applicahon of the
chemicals, has the appropnate licenses to handle such chemicals and has several years of
expenence with tlus type of use The Exanuner's site visit indicates that the accessory
buildi.ng and site are kept clean, well maintained, and secure The amount of chenucals
stored on the property is limited
The home industry standards requue that the home mdustry be camed on in a
residence, or within an accessory buildulg that has a gross floor area that is not more than
twice that of the residence The residenhal appearance and character of the property must
also be maintained
The detached accessory building on the site is only shghtly larger than the
applicants' residence, and only half of it is being used for the home industry Even if the
small, covered holduig tank is considered an accessory structure for the home mdustry,
the floor area lirrutahons for a home industry are not even close to being exceeded
The filluig of the spray tank, or clearung of velucles or equipment, outside of the
detached accessory building violates the home industry standards, suice it is part of the
home industry operahon, and can only be camed out uiside the builduig The apphcants
teshfied that it would be burdensome to fill the tank trucks inside the builduig However,
the Examiner has no discrenon to allow home industry activihes outdoors on the site
Enclosure of this operahon decreases the nsk of any cherrucal odors emanatulg from the
spray tanks wlule bemg filled with water, and further helps preserve the residenhal
appearance and character of the subject property
It is conceivable that the applicant is using "cntical matenals" regulated by the
Aqwfer Sensitive Overlay zone Since the applicants propose a commercial achvity on
the srte, the use of such matenals may be subject to regulation under the standards of such
zone apphcable to commercial or industnal uses This mcludes requuements that
facilihes be designed so that any spilled or leaked matenals are contained on-site, any
spilled or leaked matenals do not ulfiltrate mto the ground, no pennanent waste disposal
occurs on site, and that specially designed draznage facilities prevent the co-nungling of
storm runoff and cnncal matenals spills, and enhance spill cleanup pmcedures See
Zoning Code 14 706 060 and 14 706 080 (2-6) The Exammer has requued compliance
with such standards, as apphcable, and has also prohibited the emanation of any chenucal
odors off-site
HE Findings, Conclusions and Decision CUE-06-01 Page 9
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The UR-3 5 zone requires that all storage be wholly within a building or screened
from view from the surrounding properties, and be accessory to a permitted use on the
property The home industry and condihonal use permit standards require all storage to
be enclosed or completely screened from view by a maximum 6-foot hlgh sight-obscunng
fence meeting accessory use setbacks The Examiner also has broad authonty to unpose
storage requirements to ensure the residential appearance and character of the property,
and to ensure compatibility with surrounding land uses
The applicant currently has barrels, nnsed pesticide containers and some equipment
associated with the business stored between the accessory building and the neighbor's
fence to the south Not only is the wood fence not the applicants, the fence does not meet
accessory use setback requirements for storage To preserve the residenhal appearance of
the property, to prevent chemical odors from emanating off-site, and to ensure compliance
with the storage requuements for a home industry, the Examuier has required that all
storage of business related items take place inside the detached accessory building
The home industry standards of the UR-3 S zone requue that all matenal or
mecharucal equipment to be in compliance with the maxunum pernussible noise levels
allowed by WAC Chapter 173-60 With regard to noise, the applicant indicated that the
water pumps, and the leaf blower used to clean the water truck of debns, are used only
about 6 mulutes per day, a maximum of twice per day The applicants' neighbor to the
northwest complained of the noise generated from such activihes, particularly dunrig the
early moriung hours on weekends, wlule the neighbor to the north did not find the noise
particularly bothersome
Under the condrtions of approval, the applicant is required to conduct all activities
associated with the home industry uiside the detached accessory building, including filluig
the tanks with water and any cleaiung achvities This should nutigate noise concerns
The record indicates that the home industry will generate little additional traffic to
and from the site, generally two round tnps with a spray truck per day The Examiner has
also confined the hours of operahon of the home industry conducted on site to the hours
between 8 00 a m and 6 00 p m
As indicated by the Staff Report, the proposal appears to be in compliance with all
other home industry standards of the UR-3 5 zone As conditioned, the home industry
will be reasonably compatible with adjouung land uses and other land uses in the UR-3 5
zone in the viciruty, generally conforms with the Urban category and other relevant
policies of the Comprehensive Plan, and comphes with the Zorung Code and other
applicable development regulations
The requuements of the State Environmental Policy Act and the County's Local
Envuonmental Ordinance have been met No sigcuficant adverse environmental impacts
will occur as a result of the project, as condihoned The Heanng Exanuner concurs with
the Determination of Nonsigruficance issued by the Division of Planrung
HE Findings, Conclusions and Decision CUE-06-01 Page 10
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IV. IDECgSI0N
Based on the above Findings of Fact and Conclusions of Law, the above
application for a conditional use pernut for a home industry in the existing UR-3 5
zone, for a lawn and tree spraying business, is hereby approved, subject to the
conditions of approval set forth below
Any sigtuficant changes or addltions to the conditions of approval recommended
by the public agencies below are ctahcazed
Failure to comply with the conditions of this approval may result in suspension or
revocation of tlus approval by the Heanng Exanuner This approval does not waive the
applicant's obligation to comply with all other requuements of other agencies with
junsdiction over land development
SPOKANE COiTNT'~ DMSION OF PI,ANNI+1G
1 All condrtions imposed by the Heanrig Exanuner shall be binding on the
"Applicant", which term shall include the developers and owners of the property, and
their heus, assigns and successors
2 The proposal shall comply with the Urban Residential-3 5(CTR-3 5) zone, the
Aquifer Sensitive Overlay zone and all other apphcable provisions of the Spokane
County Zoiung Code, as amended
3 The applicant shall develop the home industry in substanhal conformance with the
srte plan subnutted on February 6, 2001, and the concept presented to the Heanng
Exanuner at the public heanng All aspects of the concept and proposal shall be binding
on the development, including proposed use Minor vanahons, to be approved by the
Director of the Divlsion of Planrung/designee, shall only be allowed to meet regulatory
standards a.nd condihons of approval Any other modification must be presented to the
Heanrig Examiner for review and approval at a public heanng, pursuant to Sechon
14 504 040 of the County Zoiung Code as amended
4 The home Industry shall be operated on site only between the hours of 8 00 a m to
6 00 p m
5 All physical actavities and storage on site assoccated with the home industry shall
take place within the detached accessory building, tncluding the ftlltng of spray tanks,
cleantng acttvities, and the storage of chemccals, equipment, vehicles and other items
6 No chemical odors shall be emitted beyond the property line of the subject properry
7 All chemicals assocrated with the home industry shall be securely locked and stored
HE Findings, Conclusions and Decision CtJE-06-01 Page 11
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8 The applicant shall comply with the crrttcal material requirements of the Aquifer
Sensttive Overlay zone for commercial and industrcal uses, as apphcable
9 All material and mechanical equapment shall comply with the maximum permcssible
noise levels established in chapter 173-60 WAC
10 Window or outside displays are prohtbited
11 This condihonal use permit may be suspended or revoked if, after public heanng
with notice as provided in Section 14 404 060, the Heanrig Examiner finds that the
applicant or their successors in interest have failed to comply with condihons or
restnctions included in the permit
12 The Division of Planrung shall prepare and record with the Spokane County Auditor
a Title Notice noting that the property in question is subject to a vanety of special
conditions unposed as a result of approval of tlus land use action Tlus Title Notice shall
serve as pubhc notice of the conditions of approval affecting the property in question
The Title Notice shall be recorded within the same time frame as allowed for an appeal
and shall only be released, in full or in part, by the Division of Plaruung The Title
Notice shall generally provide as follows
"The parcel of property legally descnbed as [ ] is the subject of a land use
achon by the Spokane County Heanng Exammer on June 29, 2001, imposing a vanety of
special development conditions File Number CUE-06-01 is available for inspechon and
copying in the Spokane County Division of Planrung "
S]POKANE COIJIVTY DIIVI[SION OF BYELI)IlNG AP1ID C0DE ENFORCEIVEE1lT'I'
1 The apphcant shall contact the Division of Building and Code Enforcement at the
earliest stage in order to be informed of code requirements admirustered/enforced as
authonzed by the State Building Code Act Design/development concerns mclude critical
rnaterials handling, addressing, fire apparatus access roads, fire hydrant flow, approved water
systems, buildmg accessibility, construcnon type, occupancy classification, exishng extenor
wall protechon and energy code requirements
SPOKANE COUNTY DIVISIO1V OF E1VGI1VEERIiVG AND ROADS
Prior to rellease of a building permflt or use of the property as proposed:
1 A pazkulg plan and traffic circulation plan shall be subnutted and accepted by the
Spokane County Enguieer The design, locahon and arrangement of parking stalls shall
be in accordance with standard engmeeruig pracnces
HE Findings, Conclusions and I)ecision CUE-06-01 Page 12
.
r
2 An approach pennit must be obtained from the Spokane County Division of
Engineenng and Roads pnor to the construction of any new dnveway approaches This
must be done pnor to the release of a building permit Note Pursuant to a discussion
with the applicant, the existing residential dnveway approach to 14" Avenue will also
serve the gravel dnveway accessing the rear storage building
3 The applicant should contact the local fire distnct to ensure that fire distnct access
standards and the provisions of the fire code are being met
SPOKAN1E REGIONAL HEALTH I)gSTRICT
1 The sewage disposal method shall be as authonzed by the Director of Utilities,
Spokane County
2 Water service shall be coordinated through the Director of Utilities, Spokane
County
3 Water service shall be by an existmg public water supply when approved by the
Regional Engineer (Spokane), State Department of Health
4 A public sewer system shall be made available for the project and individual service
provlded The use of individual on-site sewage disposal system will not be authonzed
5 The use of pnvate wells and water systems is prolubited
SP0KANE COTJNTY FIRE DIS'TRICT N0.1
1 The Fue District will require that tlus property be inspected yearly for enforcement
of the Uruform Fire Code
HE Findings, Conclusions and Decision CLJE-06-01 Page 13
V
DATED this 29th day of June, 2001
SPOKANE COUNTY HEARIING EXANIIIVER
oz ja<
MicWel C Dempsey, WSBA #82M
N0TICE OF FI1VAL DECISIOIV APTD NOTICE OF RIGHT 'Y'O APPEAL
Pursuant to Spokane County Resolution No 96-0171, the decision of the Heanng
Examiner on an application for a conditional use permit is final and conclusive unless withn
twenty-one (21) calendar days from the issuance of the Exanuner's decision, a party with
standing files a land use petihon in supenor court pursuant to chapter 36 70C RCW
Pursuant to chapter 36 70C RCW, the date of issuance of the Heanng Exanuner's decision is
three (3) days after it is mailed
This Decision was mailed by Certified Mail to the Applicant, and by first class mail to
other parties of record, on June 29, 2001 The date of issuance of the Heanng Examiner's
decision is therefore July 2, 2001 THE LAST I)AY FOlZ APPEAI.OF THIS
I)ECISgON TO SUPER][OR COLJRT BY LANI) TJSE PETITION IS JiJI,Y 23, 2001.
The complete record in this matter, mcluding this decision, is on file dunrig the appeal
penod with the Office of the Hearulg Exanuner, Third Floor, Public Works Building, 1026
West Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490 The file may
be inspected Monday-Fnday of each week, except holidays, between the hours of 8 30 a m
and 5 00 p m Copies of the documents in the record will be made available at the cost set
by Spokane County
HE Findmgs, Conclusions and Decision CLTE-06-01 Page 14
ENGINEER'S REVIEW SHEIE1'
Project Slatus Active
As Built Plans Received Conditional Use File C UE-O006-O 1 "01
Road Plans Approved Campanion Files:
New Road Standards 5-15-95 Mylar
Related Files:
I{earing: 05/23/2001 9:00 Building Dept:
Technical Review: I; Harvard Rd Plan
Preliminary Review: 02/27/2001 Type: Scheduled For ! I Large [_ot Bldg. Syuare FC.t ~Us
Date Received: 02!13/2001 No L~~i,
Project Name HONiE INDLTSTRY LAWN & TREE SPRAYING R17SiNE5S
Site Address S. I3TH, N. 14TH, W. BURNS, E. MARIGOLD, 14TH E. 14823
APPlicant
Dan M& Crystal A C'fark ('omditions Mailed: 45 ~4. 1 7
Fload Zone No
14823 E. 14th Av Water Sourcr
VCRADALE, WA 99037- Sewcr Source
Phone (509) 928-8432 (509) 928-5670 School Dist >>c)
Fax (509) 922-6071 Fire Disl 1
Phone Dist
Owncr
Dan M & Crystal -1 ('lark
i, f-101,-\%1 1-f::\DAI \V:t i<~o?^-
P}u,ne (509) 928-8432
Fax (509) 022-6071
~
[3uilding 477-3675 /Planning 477-7200 !F.ngineer 477-3600 Contact f3/P DEANIN:1 ~'l'AL"fE:R Contact EnQ SCOTT LNGL:Lf [ARll
Date Submitted Description Initials
Eng Need Technically Camplete Eng Need I-larvard Rd Mitigation
Eng Need Drainage Plans Eng Necd TratTic Analysis Eng Need Other
Eng Agree Pay Fees Rcceived Eng Final Plat Fees Gompleted
Copy to Accounting
Eng Agree Priority Fees Received 02/07/2001 Eng Prelim Plat f ees Completed
/ i Notice to Public / Notice to Public # 1 3 4 6 Completed - or Needs to be signed
Dcsien Ueviation Dates (ln-0ut)
1' I - . , l , - ! i , - I I
l I I l i I l l
I3ona quanties ior
drainage item calculated
Hearing Date Decision App Den Cond Appld BCC
Appealed to BCC Decision App Den Cond Appid Court
Appealed to Court Decision App Den Cond Appld
Stamped Mylars to Secretary (Sandy)
Stamped 208 Lot Plans to Secrctary (Sandy)
I
ENGINEgR'S SHEET
~XVIEW Projcct Status Activc
As Duilt Plans Rcceivcd Cooditional Use File CUE-0006-01 -ot
Raad Plans Approved
Companion Files:
New Road Standard: 5-1 5-95 Mylar t::
Related Files:
1-Icaring: [3uilding Dept:
Technical Review:
`J Harvard Rd Plan
Preliminary Review: 02/27/2001 Type: Scheduled For Largc Loi IIldg. Square Feet
Date Received: 02/13/2001
No. Lots: No. Acres:
Project Name HOME INDUSTRY LAWN .St TREF SPRAYING BUSLNESS
Site Address S. 13TFl, N. 14T1-1, W. BURNS, E. MARIGOLD, 14T1-i E. 14823
.applicant Range-Township-Section: 44 - 25 - 23 PARCEL(S): (first 20)
Dan ti1 & Crystal A Clark Conditions Mailed: 7/z.7~7 / 45234.1327
Flood Zone No f r~
14823 E. 14th Av Water Source
VERADALE, WA 99037- Sewer Source
Phone (509)928-8432 (509) 928-5670
Fax (50~~) ~~"_~~071 5chool Dist 35G
Fire Dist l
Phone Dist
Ovvner
Dan M& Crystal A Clark
14823 E. 14th Av
VEELADALE, WA 99037-
['hone (509) 928-8432 (509) 928-5670
Eax (549) 922_(1►71
I3uilding Ph: 477-3675 i Planning Ph: 477-2205 Contact: DEANNA WA1..7'L=R
Date Submitted Description Initials
Eng Need Technically Complete Eng Necd Harvard Rd Mitigation
Eng Need Drainage Plans Eng Need Trafiic Analysis Eng Nceif Other
Eng Agree Pay Fees Received Eng Pinal Plat Fees Completed
C'upy to Accounting
Eng Agree Priority Fces Received 02/07/2001 Eng Prelim Plat Fees Completed
j j Natice to Public / Notice to Public # 1 3 4 6 Completed - or Needs to be signc:d
Design Ue-iation Dates (In-(1ut)
TTo-na yuanues [o
drainage item calculated
Ilcanng Date Decision App Den Cond ApplLf 13C'C
Appealed to BCC Decision App Den Cond Appld C'Ourt
Appealed ta Court Decision App Den C'ond Appicl
Stamped Mylars to Sccretary (Sandy)
/ / Stampcd 208 Lot Plans to Sccretary (Sandy)
- . . ~
,'T.. - . • ,
STAFF REPORT TO THE HEARING EXAMINER
FILE CUE-06-01
~
DIVISION OF PLANNING
SPOKAI%T COUI~Ty
HEARING DATE: May 23, 2001 @ 9:00 a.m. FILE CUE-06-01
PROJECT PLANNER: Deanna C. Walter, Associate Planner
PROJECT DESCRIPTION: Conditional Use Permit for a Home (ndustry to allow a lawn and tree
spraying business in the existing Urban Residential-3.5 (UR-3.5) zone pursuant to Section 14.616.240(4) of
the Spokane County Zoning Code.
Project Data
Project Location: The subject site is generally located north of and
_ adjacent to 14`h Avenue, approximately 150 feet east
of Marigold Street in the SW of the SE % of Section
23, Township 25 N., Range 44 EWM, Spokane
County, WA. 14823 East 141hAvenue
Parcel Number(s) 45234.1327
OwnerlApplicant: - - Dan & Crystal Clark
14823 East 141hAvenue
Veradale, WA 99037
(509) 928-5670
Comprehensive Plan Designation: Urban (U)
Zoning: Urban Residential-3.5 (UR-3.5)
Existing Land Use: Single family residential
Surrounding Zoning and Land Uses:
• North: Zoning to the north of the site consists of Urban
Residential-3.5 (UR-3.5) established in 1991,
previously classified as Agricultural (A) in 1942
(Resolution 42-60). Land use to the north of the site
is single family residential.
• South: Zoning to the south of the site consists of Urban
Residential-3.5 (UR-3.5) established in 1991,
previously classified as Agricultural (A) in 1942
(Resolution 42-60). Land use to the south of the site
is single family residential.
• East: Zoning to the east of the site consists of Urban
Residential-3.5 (UR-3.5) established in 1991, -
previously classified as Agricultural (A) in 1942
(Resolution 42-60). Land use to the east of the site is
single family residential.
• West: Zoning to the west of the site consists of Urban
Residential-3.5 (UR-3.5) established in 1991,
previously classified as Single Family Residential (R-
1) in 1973 (ZE-89-73). Land use to the west of the
site is single family residential.
CUE-06-01
Staff Report - May 23, 2001 Hearing
1 of 7
.
Known Land Use Proposals and Land use actions since 1991 within '/z mile of the
Recent Project Approvals in the project include the following: ~
Area of this Project Numerous final short plats: SP 948-94, SP-671-90,
SP-1183-98, SP-1186-98, SP-1046-95, SP-738-92,
SP-775-92, SP-774-92, SP-1233-00, SP-700-91A,
SP-1062-96, SP-1214-99, SP-702-91, SP-923-93.
Numerous preliminarv short plats: SP-1116-96, SP-
1250-00, SP-1260-00
Preliminarv plat (PE-1884-01) of Hill's Cost-a-Plenty
for the division of 4.93 acres into 14 lots in the
existing Urban Residential-3.5 (UR-3.5) zone,
Hearing date May 16, 2001.
Preliminarv plat (PE-1801-96) of Austin Addition for
the division of 4.02 acres into 15 lots and a zone
reclassification (ZE-34-96) from Urban Residential-
3.5 (UR-3.5) to Urban Residential-7 (UR-7), granted
preliminary approval on April 21, 1997.
Preliminarv plat (PE-1708-93) of Sutter's 2"dAddition
for the division of 4 acres into 10 lots in the existing
Urban Residential-3.5 (UR-3.5) zone, granted
preliminary approval on June 25, 1993.
Final plat (PE-1691-92) of Kallas Addition for the
division of 6.9 acres into 20 lots in the existing Urban
Residential-3.5 (UR-3.5) zone, recorded September
26, 1995.
Final plat with a planned unit development (PUD)
overlav (PE-1645-91/PUDE-6-91) of Sun Meadows
for the division of 4.8 acres into 24 lots and zone
reclassification (ZE-48-91) from Urban Residential-
3.5 (UR-3.5) to Urban Residential-7 (UR-7), recorded
on June 29, 1994.
Final plat (PE-1861-98) of Autumn Place for the
division of 4.2 acres into 14 lots in the existing Urban
Residential-3.5 (UR-3.5) zone, recorded March 15,
2000.
Conditional Use Permit (CUE-15-96) for a Conditional
Accessory Unit in the existing Urban Residential-3.5
(UR-3.5) zone, approved December 1, 1999.
Land Division Status: The subject property is a platted lot of record and is
legally described as the south 209' of the east 100' of
Block 169 of Vera.
Water Purveyor: The property is served by Vera Irrigation District No.
15.
Sewage Disposal: Sewage disposal is as authorized by the Director of I
Spokane County Utilities. The subject site is
connected to public sewer.
Fire District Spokane County Fire Protection District No. 1
provides fire protection to the site. I
Nearest Arterial and Distance: The subject property is located north of and adjacent
to 14`t' Avenue, which is designated as a Collector
Arterial by the Spokane County Arterial Road Plan.
CUE-06-01
Staff Report - May 23, 2001 Hearing
2 of 7
• ~
Neighborhood Association: None identified
• This proposal is located inside of the Interim Urban Growth Area (IUGA)
• This proposal is located inside the Public Transportation Benefit Area (PTBA)
GMA/Critical Areas
Aquifer Recharge Area The subject property is located inside the
Priority Sewer Service Area (PSSA) and
within the Aquifer Sensitive Area (ASA)
Overlay zone.
Fish & Wildlife Habitat ConservaUon Areas None illustrated on the Spokane County
Critical Areas Maps.
Floodplain ~ Not applicable
Geologically Hazardous Areas None illustrated on the Spokane County
Critical Areas Maps.
Wetlands None illustrated on the Spokane County
Critical Areas Maps or the Wetland
Inventory Maps.
SEPA
A Determination of Nonsignificance (DNS) was issued on May 4, 2001, with a comment period ending on
May 21, 2001.
. Noticinq _
Published: The proposal was published in the Legal Notice section of the Spokesman Review on
May 5, 2001. Mailing Deadline: The deadline for notifying property owners/taxpayers on land within 400 feet of the
proposal was May 7, 2001. _
1724 Compliance Dates
Application Accepted (Counter Complete): February 6, 2001
Technically Complete / Determination of Completeness issued: March 14, 2001
Date Notice of Decision is Due: July 14, 2001
Reviewinq Aqencies
8 agencies were notified on February 13, 2001, and April 25, 2001. Agency comments were due on
February 27, 2001, and May 9, 2001.
Agencies Notified Response Date ~ Agencies Notified Response Date Received Received Received Received
Spokane County Division Yes 2/27/01 i Spokane County Fire Yes 2/21/01
of Engineering & Roads, Protection District #1
Transportation
Spokane County Division Yes 2/14/01 Spokane County Division Yes 2/20/01
of Engineering & Roads, ~ of Building & Code
Development Services Enforcement
Spokane County Division Yes 2/20/01 Vera Irrigation District No
of Utilities No. 15
Spokane County No Spokane Regional Yes 2/23/01
Stormwater Utility Health District
CUE-06-01
Staff Report - May 23, 2001 Hearing
3 of 7
, •
1
Aqency Comments:
Comments received are in the form of recommended conditions of approval. The Spokane County Air
Pollution Control Authority (SCAPCA) has stated that due to the types of chemicals that may be used in
association with the proposed use odor mitigation should be required together with a Notice of Construction
permit to be issued by SCAPCA.
Responses from the Public:
Two letters have been received from neighboring property owners expressing opposition to the proposed
home industry.
Description of the Site:
The subject property is approximately 20,900 square feet in size and contains an existing single family
residence, attached garage and a 6-bay pole building for storage. The site is accessed from 14"' Avenue.
The site plan illustrates the existing residence and attached garage to be approximately 1980 square feet in
size and the shop to be approximately 2080 square feet in size. The site is enclosed by an existing 6' high
wood fence. The back %z and the east 20 feet (driveway) of the lot have a gravel surface.
Back4round:
The property has been the subject of enforcement action (CV-84-00) for operating a business in a residential
zone. A written complaint was submitted to the Division of Planning on April 11, 2000. A pre-conference
was performed on April 28, 2000, but a completed application was not returned to the Division of Planning.
A Notice of Investigation was sent on August 25, 2000, giving the applicant until September 8, 2000 to
submit a completed application along with the appropriate fees. A letter submitted from Mrs. Clark indicated
that the business is seasonal in nature and would be closed from November 1, 2000 through March 1, 2001
and that they would complete the application process during that time.
A completed application forthe proposal was submitted on February 6, 2001, and was determined to be
Technically Complete on March 14, 2001. Notice of Application was issued on March 19, 2001, with a
comment period ending April 2, 2001.
Project Description:
The applicant is requesting a Conditional Use Permit for a Home Industry to allow the operation of a lawn
and tree spraying business from an existing 2080 square foot accessory structure. The applicant indicates
in a letter dated February 15, 2001 that the company consists of not more than two seasonal employees and
himself, the owner/operator. Two spray trucks, each having two spray tanks, are stored within the
accessory structure when not being used off-site.
Staff requested a comprehensive list of chemicals used by the applicant and a statement of wash down
procedures for both the tanks and vehicles involved in the application of chemicals. The applicant submitted
this additional information on February 16, 2001.
The interior of the shop has a cement floor and contains a locked storage room where the chemicals are
stored. The applicant states that all chemicals are category III or IV pesticides, which are the least toxic and
most safe to apply. The chemicals are purchased on an as needed basis; therefore, there would be no
storage of bulk pesticides/chemicals. The business will be operated March through October from 8:00 a.m.
to 6:00 p.m. During the business months, the trucks/tanks are filled approximately twice a day via water
pipes located on the east side.of the accessory structure. No signage is proposed and customers do not
come to the site.
Staff AnalVsis:
Comprehensive Land Use Plan: The project site is located in the Urban (U) category of the
Comprehensive Plan, inside the Urban Impact Area (UTA) and inside the Interim Urban Growth Area (IUGA)
boundary established pursuant to RCW 36.70A, the Growth Management Act.
The "Urban Category" is intended to provide the opportunity for development of a"city like" environment
which includes various land uses, intensive residential development, and public facilities and services
(water, sanitary and storm sewer lines, police and fire protection, and other features).
Decision Guidelines within this section are to be used to determine whether or not a particular proposal in
the "Urban Category," as designated on the Plan Map, should be approved, conditioned or denied. The
Plan Map indicates where these policies are to apply.
CUE-06-01
Staff Report - May 23, 2001 Hearing
4 of 7
• ► a
DETAILED DEFINITION
A. Oensity Characteristics:
Residential net densities should have an approximate density of 1 unit per acre to 17 units per acre.
B. Characteristic Features:
Since Urban areas will be the most intensely developed of all the categories, it is primarily a
residential Category of single-family, two-family, multifamily, and condominium buildings along with
neighborhood commercial, light industrial, and public and recreational facilities.
Agricultural activities will be very limited and considered a secondary use. The aesthetic setting will
be predominantly man-made structures with occasional natural or planned open spaces. Most
areas in an Urban setting may not have a view of natural areas, and open spaces will most likely
consist of park and/or school grounds.
Low-to-moderate levets of noise and air pollution will most likely exist in Urban areas due to the
intensity of activities and the high volume of traffic generated.
The more intensive land uses such as light industrial and neighborhood commercial will be located
near the heavily traveled streets, while the least intensive single-family residential uses will be
isolated from the noise and heavy traffic. Multifamily structures will usually be a transitional use
located between single-family residential and the more intensive areas.
C. Public Facilities and Services:
Urban areas will have public water systems, sanitary sewer systems, storm sewer systems, and
utility systems such as electrical, telephone, gas, and cable services. Streets will be curbed and
paved. Street lights and sidewalks will be common to residential, public, and commercial areas.
Specialized pathways may also be common in the Urban area.
Public facilities include elementary, junior high and high schools. Parks will normally be associated _
with schools but not exclusively. Public libraries, manned fire stations, medical facilities and
government offices and post offices may be dispersed throughout Urban areas.
Other services typical of Urban areas may include police, public transit, refuse collection and
removal, animal control, and street maintenance.
0. Noncompatible Uses:
Due to the variety and mix of land uses and activities found in the Urban Category, there are few
land use activities that would be inappropriate. Many uses may require screening or other
performance standards to make them compatible with one another.
Mining, major commercial users, heavy industrial uses, and intensive farming would not be
compatible within Urban areas.
The Urban category includes the following relevant policies:
Decision Guideline 1.1.4 recommends that a variety of densities and residential uses be available to provide
a freedom of choice to live in Urban areas with varying densities, combinations, or mix of uses (see detailed
Urban definitions).
Decision Guideline 1.3.2 recommends that the design or adoption of a proposal shall consider the retention
and maintenance of identified "unique environmental features".
Decision Guideline 1.5.1 recommends that buffering and/or landscaping be used to mitigate the differences
between proposed developments and existing uses. The site plan of record shows a 6' sight-obscuring
fence surrounding the property.
Decision Guideline 1.5.5 recommends that paved streets and streetlights should be required in Urban
density development. The proposal is located adjacent to a paved County Collector Arterial.
Objective 1.5.e suggests that when a neighborhood experiences pressure for change in character, such
change shall be permitted upon appropriate review.
CUE-06-01
Staff Report - May 23, 2001 Hearing
5 of 7
~ ~ .
Objective 1.5.8 suggests that when determining whether a proposal will change the existing land use
character of an area, factors to consider may include a) the structure height of the proposal in relation to
structure height of nearby structures, and b) whether new structures will have a positive or negative impact
upon the neighborhood's architectural character. The accessory structure that is proposed to be used for
the Home Industry is existing and meets the dimensional standards for an accessory structure in a
residential zone.
The Urban category encourages a full range of residential and commercial uses and authorizes mixed use
development when compatibility with adjoining land uses can be achieved through appropriate perFormance
standards. Small-scale cottage industries (home industries) are permitted when the intensity of the proposed
use can be limited through conditional approvals restricting the scale and impact of the proposed activity.
Zoning: Section 14.404.101 of the Spokane County Zoning Code states that the intent of the conditional use
permit procedure is to establish criteria for determining the conditions under which a use(s) may be
permitted outright in the zone. A conditional use is subject to specific review during which additional
conditions may be imposed to assure compatibility of the use with other uses in the zone.
Before issuing a conditional use permit, the Hearing Body shall find that the following facts and conditions
exist: 1. Adequate conditions and restrictions are attached to the development of the property to ensure that the
proposed use will be compatible with uses permitted outright in this location; and
° 2. The special standards as outlined in the Zoning Code for the underlying zone shall be met.
Review of the proposal's compliance with the specific development criteria for a Home Industry as
identified in Section,14.616.240 4(a-i) is as follows:
Section 14.616.240 (4a) The property shall retain its residential appearance and character.
Response: The applicant lives in the single family residence that is located on the site and proposes to
maintain the residential appearance of the property.
Section 14.616.240 (4b) The use shall be carried on in a primary residence or may be allowed in
accessory, detached structures which are not, in total, larger than two (2) fimes the gross tloor area of the
primary r+esidence.
Response: The existing residence and attached garage is 1,980 square feet in area. The accessory
structure shown on the site plan is 2,080 square feet in area. The accessory structure is less than two (2)
times the gross floor area of the primary residence.
Section 14.616.240 (4c) Only members of the family residing on the premises, and no more than two (2)
employees outside of the family, may be engaged in the home industry.
Response: The applicant states that he presently has no employees and that he will not employ more than
two seasonal employees outside of the family.
Section 94.616.240 (4d) One (1) sign identifying the home industry shall be unlighted and may be attached
or detached per the following standards:
i. In the EA, GA, RR-10, SRR-5 and SRR-2 zones, fhe sign shall be a maximum of sixteen (96)
square feet on a face.
ii. In the SR-1, SR-112, UR-3.5, and RS zones, the sign shall be a maximum of four (4) square feet
on a face.
Response: The applicant is not proposing any signage and has opted for alternative methods of advertising
his business.
Section 14.616.240 (4e) Window or outside displays may be allowed as approved by the Hearing Body.
Response: None proposed.
CUE-06-01
Staff Report - May 23, 2001 Hearing
6of7
• . .
Section 14. 6>6.240 (4t) There sha/l be no stock stored nor commodity kept for sale on the premises which
is not necessary to the occupation, profession or craft.
Response: The applicant states that only small amounts of necessary chemicals will be kept on the
premises, on an as needed basis, and such chemicals shall be stored within a locked storage room.
Section 14.616.240 (4g) All material or mechanical equipment shall be used in such a manner as to be in
compliance with WAC-173-60 regarding noise.
Response: The application proposes to limit activities to the hours of 8:00 AM to 6:00 PM, March through
October. WAC 173-60 prescribes maximum mean noise levels of 55 dBA between the hours of 7:00 AM and
10:00 PM.
Section 14.616.240 (4h) Parking, traffic, and storage requirements shall be as approved by the Hearing
Body.
Response: The site plan illustrates a graveled driveway and possible parking area. The applicant does not
anticipate costomers coming to the site as his business is generated through phone calls and off-site
service.
Section 14.616.240 (4) All storage areas shall be enclosed or completely screened from view by a
maximum six (6)-foot-high sight-obscuring fence meefing accessory use setback requirements.
Response: The site is enclosed by a 6' sight-obscuring fence. All business related storage shall be wholly
within the accessory structure at the rear of the property.
Summary As conditioned by the reviewing agencies, the proposal achieves consistency with the applicable Goals,
Objectives and Decision Guidelines of the Urban Category of the Comprehensive Plan. The requested
Conditional Use Permit is also consistent with the criteria for the approval of Conditional Use Permits
identified within Section 14.404.102 of the Spokane County Zoning Code and as discussed at length above.
Attachments:
A. Maps • Vicinity Map
• Site Plan
• Zoning Map
• Comprehensive Plan Map
B. Conditions of Approval
C. Agency and Pubtic Comments
CUE-06-01
Staff Report - May 23, 2001 Hearing
7 of 7
. .
ATTACHMENT A
MAPS
VICINITY MAP
SITE DEVELOPMENT PLAN
COMPREHENSIVE PLAN MAP
EXISTING ZONING MAP
' ~ .
CUE-06-01
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Scale :1 inch - 833 ft (rounded) 02/07/01 Comprehensive Land Use Plan
Subject Property within tUGA. Subject Property within UTA.
. . . , . . . . _ . - occe Subject Property witfiin ASA.
, .
CUE-06-01
Existing Zoning
, UR-3.513 63 i_ U4-3.1 6042 ~ 60 R-3(.5 60 ~2
-3.513 3 ~l R-3,5 2 6 a -
-3. 73 76 R-3. 13
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Scale : 1 inch - 500 h(rounded) 02107101 Existing Zoning
' .
ATTACHMENT B
CONDITIONS OF APPROVAL
. , . ~ RECOMMENDED CONDITIONS OF
~ l APPROVAL FOR CUE-06-01
~
DIVISION OF PLANNING
SPOKANT COUNTY
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which
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-3.5 (UR-
3.5) zone and all other applicable chapters of the Spokane County Zoning Code, as
amended.
3. The applicant shatl develop the subject property in substantial conformance with the site
plan presented to the Hearing Examiner on March 23, 2001. 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 regulatory standards and conditions of approval. Any other
modification must be presented to the Hearing Examiner for review and approval.
4. This conditional use permit may be suspended or revoked if, after public hearing with
notice as provided in Section 14.404.060, the Hearing Body finds that a grantee or their
successors in interest fail to comply with conditions or restrictions included in the permit.
5. The Division of Planning shall prepare and record with the Spokane County Auditor a Title
Notice noting that the property in question is subject to a variety of special conditions
imposed as a result of approval of this land use action. This Title Notice shall serve as
public notice of the conditions of approval affecting the property in question. The Title
Notice shall be recorded within the same time frame as allowed for an appeal and shall
only be released, in full or in part, by the Division of Planning. The Title Notice shall
generally provide as follows:
"The parcel of property legally described as; [ ] is the subject of a land use
action by a Spokane County Hearing Examiner on [ imposing a variety of
special development conditions. File Number CUE-06-01 is available for inspection and
copying in the Spokane County Division of Planning."
' • i
ATTACHMENT C
AGENCY AND PUBLIC COMMENTS
• • ' ,
SPOKANE REGIONAL HEALTH DISTRICT
ENVIRONMENTAL HEALTH DIVISION
Inter-office Communication
DA"I'E: February 23, 2001
c/
TO: Deanna Walter, Associate Planner, Spokane County Planning Division
RECEIVED
FROM: Donald Cop ey - EHSII, SRHD SPOaCANE COUNTY
SUBJECT: Proposed Conditional Use Permit: CUE-6-01(Clark)
Dlvic~?JN OF PU4NNfNG
l. References:
a) Map of subject, scale '/z" = 10', by sponsor, undated, received by this office February 14, 2001.
b) Reconnaissance Geologic Map of the West Half of the Spokane Quadrangle, Washington and Idaho,
Allan B. Griggs, 1966.
c) Soil Survey, Spokane County, Waslungton, Soil Conservation Service, U.S.D.A., March, 1968.
d) Spokane County, Washington, Engineering Interpretations, Soil Conservation Service, U.S.D.A.,
0
August, 1974.
e) Spokane County Rules and Regulations for Sewage Disposal Systems, January 19, 1995.
f) Logs of water wells in Range 44E, Township ZSN, Sections 14, 22, 23, 24, and 26.
g) Map: Greenacres Quadrangle, U.S.G.S., 1973, and Spokane N.E., U.S.G.S., 1973.
2. Findings:
a) This project lies over the Spokane-Rathdrum Aquifer and inside the Spokane-Rathdrum Aquifer
Sensitive Area.
b) The project is within Critical Water Supply Service Area #3 and within the service area of Vera Water
and Power Company. Water supply will be a public system.
c) The project is inside the Spokane County Comprehensive Wastewater Management Area, inside the
General Sewer Service Area, and inside the Priority Sewer Service Area recommended in the '201'
Study. The method of sewage disposal is subject to approval of the Director of Utilities, Spokane
, , .
County, pursuani to County Resolution 80.0418 adopted March 24, 1980. The topography and soils in
the area are generally suitable for use of individual on-site sewage disposal systems. The lot is not of
the proper dimensions to permit the use of both an individual well and sewage system.
d) The project lies in a relatively flat area east of Adams Road and north of 15"' Avenue. Local
drainageways are insignificant.
e) Surface soils are classed by the U.S. Soil Conservation Service as Garrison loam with 0% to 5%
slopes. They have a septic tank filter field limitation of slight. There is also possible contamination of
groundwater. This soil would be classified as a Type V.
f) Geologically, the soils are glaciofluvial deposits. These geological structures generally yield moderate
to very large amounts of water. Data from wells in the area referenced in section 1 f shows they are
from 99' to 250' deep and have static water levels varying from 90' to 158' below the surface. The Vera
Water and Power Company has indicated that it can supply domestic use water for the project.
3. Required (inandatory) Conditions If Approved:
a) Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
b) Water service shall be coordinated through the Director of Utilities, Spokane County.
c) Water service shall be by an existing public water supply when approved by the Regional Engineer
° (Spokane), State Department of Health.
d) A public sewer system will be made available for the project. Use of an individual on-site sewage
disposal system shall not be authorized.
4. Recommended Conditions of Approval:
a) Use of private wells and water systems is prohibited.
c: Director of Utilities, Spokane County
c: Sponsor: Dan & Crystal Clark
14828 E. 14"' Ave.
Veradale WA 99037
.
Walter, Deanna
. T
From: Hemmings, Bill
Sent: Wednesday, February 14, 2001 7:59 AM
To: Walter, Deanna
Cc: Engelhard, Scott; Kimball, Sandy; Parry, Ed; Sims, Brenda; Baldwin, Greg; Hohman, John;
Little, Colleen
Subject: CUE-06-01 - Dan Clark
2-14-01
I consider the proposal to be technically complete. I have no comment on this proposal at this point in time.
Bill Hemmings, PE
1
OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243
"ENGtNEER'S CONDITIONS OF APPROVAL" CONDITIONAL USE PERMIT
TO: Spokane County Planning Department
FROM: Division of Engineering & Roads
DATE: February 27, 2001
PROJECT: HOME INDUSTRY LAWN & TREE SPRAYING BUSINESS
FiLE CUE-0006-01
RECEivED
Hearing: @ SPOKANE COUN"i-Y
Review Date 02/27/2001 _
Sponsor/Applicant: DAN & CRYSTAL CLARK F E B ~ 1U~1~`
Section Township Range: 23-25-44
Planner: DEANNA WALTER DIYISlON OF PLAfVWlNG
Technical/Review Date: ( @ )
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.
Prior to release of a building permit or use of property as proposed:
1. A parking plan and traffic circulation plan shall be submitted and accepted by the Spokane
County Engineer. The design, location and arrangement of parking stalls shall be in accordance
with standard engineering practices.
2. The applicant should be advised that an approach permit must be obtained from the Spokane
County Engineer Department prior to the construction of any new driveway approaches. This
must be done prior to the release of a building permit.
Note: In a discussion with the applicant, the existing residential driveway approach to 14`n
Avenue will also serve the gravel driveway accessing the rear storage building.
3. The applicant should be advised to contact the local fire district to assure that fire district access
standards and the provisions of the fire code are being met.
END
~
CC: Applicant DAN 6 CRYSTAL CLARK
Engineer/Surveyor
Planner DEANNA WALTER
. , ' .
Walter, Deanna
From: Paeper, Robbin
Sent: Tuesday, February 20, 2001 12:27 PM
To: Walter, Deanna
CUE-06-01 We have no problem with this proposal. They are already connected to sewer. Hard copy to follow.
~
02i21i01 wED 15 : 18 FAX 509 892 4125 SPORANE vALL.EY FIRE DEPT ~~-PL.aN?vING fa 010
.
,
SPOKANE VALLEY FIRE DEPARTMENT
Spokane County Fire District 1
10319 EAST SPRAGUE AVE. • SPOKANE, WA 99206-3616 ■(509) 928-1 T00 - FAX (509) 892•d125
February 21, 2001
Deanna Walter
Department of Building & Planning
1026 W. Broadway
Spokane, WA 99260
RE: Conditional Use Permit
C U E-OG-01
Dear Ms. Walter:
The Spokane Valley Fire Department will require that this property be inspected yearly
for enfvrcement of the Uniform Fire Code.
Sincerely,
~
Kevin Miller
Fire Inspector
KM/m d
0:0epertment Data\Preventlon Unehared\PlatalShorties\WALTER.DOC
Walter, Deanna
From: Forry, Jeff
Sent: Tuesday, February 20, 2001 7:12 AM
To: Walter, Deanna
Subject: Landuse Action - CUE-06-01
The applicant should contact the Division of Building and Code Enforcement at the earliest possible stage in order to be
informed of code requirements administered/enforced as authorized by the State Building Code Act.
Design/development concerns include addressing, fire apparatus access roads, fire hydrant flow, approved water systems,
building accessibility, construction type, occupancy classification, existing eYterior wall protection and energy code
requirements.
jeff FnrrJ
Senior Building Tecluiician
Spokane Corinty Public Works
Division of Btiilding & Code Enforcement
(509)477-7103
1
I
. R1:CEIVED
s P0 ►~~N 1E C0 li N TY
Deanna C. Walter, Associate Planner March 28, 2001
Spokane County Division of Planning
1026 West Broadway Avernie
Spokan,e, Washiagton 99260-0050
This is a reply to the letter I received from Deanna C. Walter, Associate Planner. In regards to project file
number CUE-06-01 pertaining to property owners Dan & Crystal Clark located at 1423 E 10 Avenue.
Which is adjacent to my property at 1321 S Marigold.
My wife and I are against tbis for a number of reasons. They are as follows:
1. Trucks going to aad from the residence to refill will result in increased traffic in a quiet residential
neighborhood.
2. The starting of the pumps on trucks and cleaning of the trucks with a gasoGne blower causes a great deal
of noise pollution. This has already started and is most often done in the early morning howrs on the
weekend.
3. Hazardous chemicals (ones that must be locked up because they are so dangerous) are also a major
"concern. Improper storage and/or use of hazardous chemicals could cause property damage. There are
also maay children and pets in this neighborhood who would not benefit from hazardous chemicals.
4. Spot zoning an urban residential aeighborhood. This is sianply a cesidential neighborhood, meaning that
people live here and then go somewhere else to work. If we let one person change this, then what is to stop
this quiet residential neiglnborhood from becoming dotted with businesses.
We hope you will take our coacerns to heart.
Sincerely,
Bob & Jennie Shrum
i
~ , .
March 29, 2001
Deanna C. Walter, Associate Planner
Spokane County Division of Planning
RE: Project File Number CLTE-06-01
Conditional Use Permit for a Home Industry (14823 East 14th Avenue)
Ms. Walter:
Since I just received your letter regarding the application for the enclosed permit, one
week ago, it has taken me a little time and some consultation with attorneys to get back to
you.
I believe that since 1993 there has been a Washington state law requiring all Sellers of any
real estate to fill out and make available to any Purchaser a Property Condition Checklist
disclosing any pertinent defects or negative/adverse conditions affecting the property being
sold. This was not done in our case. The fact that there are high volumes of concentrated
chemicals stored and distnbuted on the adjoining property unquestionably has an adverse
affect to the adjoining property values.
We have discussed this issue with many of the adjoirung neighbors sharing our concerns of
how a corrunercial business such as this is against the existing zoning codes, and would
like to protect our property values, our homes, and our pets. One end of our dogs kennel
is built against our back fence (where these chemicals are filled (and spilled) into trucks
and onto the ground. Our two year old lab, Scout, has now developed a large tumor on
her hip. The veterinarian is puzzled that such a young dog has some type of tumor. We
are very concerned about our health, and especially that of our children regarding this
matter.
The storage of these chemical drums and large storage tanks (that are leaning directly
against our back fence) has already leaked under our fence and into our yard, as shown by
the pictures submitted with this tetter.
Because of the health threat and adverse effect to property values this illegal business that
the Spokane County Planning Department has knowingly allowed to operate for (at least)
the past year, has caused ourselves and several of our neighbors to get prepared to move
forward with legal action to stop this variance from being granted and to stop the
continued operation of this business. Should the Spokane County Planning Dept. grant
the variance, you will also be named in this suit. Upon the advise of our attorneys we
have also notified state aad federal offices of the Environmental Protection Agency of this
activity. They are also awaiting your decision.
Sincerely,
R
ECEIVED
SP O KANE C O UNTY Robert & Dorothy Mo sier
14820 East 13th Avenue
Veradale, Washington 99037
DlVISlON OF PLANNING
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, OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243
S'x01 NTY "ENGINEER'S CONDITIONS OF APPROVAL" CONDITIONAL USE PERMIT
TO: Spokane County Planning Department
FROM: Division of Engineering & Roads
DATE: February 27, 2001
PROJECT: HOME INDUSTRY LAWN & TREE SPRAYING BUSINESS
FILE CUE-0006-01
Hearing: @
Review Date 02/27/2001
Sponsor/Applicant: DAN & CRYSTAL CLARK
Section Township Range: 23-25-44
Planner: DEANNA WALTER
Technical/Review Date: ( @ )
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.
Prior to release of a building permit or use of property as proposed:
1. A parking plan and traffic circulation plan shall be submitted and accepted by the Spokane
County Engineer. The design, location and arrangement of parking stalls shall be in accordance
with standard engineering practices.
2. The applicant should be advised that an approach permit must be obtained from the Spokane
County Engineer Department prior to the construction of any new driveway approaches. This
must be done prior to the release of a building permit.
Note: In a discussion with the applicant, the existing residential driveway approach to 14`h
Avenue will also serve the gravel driveway accessing the rear storage building.
3. The applicant should be advised to contact the local fire district to assure that fire district access
standards and the provisions of the fire code are being met.
END
rr; .r;nnlicant DAI1 & CRYSTAL CLAP.K.
Fngineer/Surveyor
Flanner DEF:t•I11A WALTER.
~
~''E1 Zj~'.
S P O K A N E A } A y, - L U U N
S"' _
DIVISION OF PLANNING A DNISION OF 'IliE PUBLIC WORKS Di i'.`, i" iM
111'1I(-F-T -A_F1 NFT'P~H .1 n11: C,:N.i2_) ' (1RF':'
MEMORAIVDUM
TO: Spokane County Division of Engineering & Roads; Scott Engelhard, c/o Sandy
Kimball
Spokane County Division of Engineering & Roads; 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
Vera Water and Power
FROM: Deanna Walter, Associate Plann
DATE: April 25, 2001
SUBJECT: Review and comments for the hearing of May 23, 2001 at 9:00 a.m.
FILE NO: CUE-6-01
BRIEF DESCRIPTION: Conditional Use Permit for a Home Industry to operate
a lawn and tree spraying business from a 2,080 square foot detached accessory
structure.
PA.RCEL NO.: 45234.1327
APPLICANT: Dan & Crystal Clark
Note that the application and maps were previously circulated to your agency.
Please review and return any comments to me by May 9, 2001.
wc
Attachment: Notice of Public Hearing
1026 W. BROADWAY 0 SPOKANE, WASHINGTON 99260-0220
PHONE: (509) 477-7200 • FAx: (509) 477-2243 • TDD: (509) 477-7133
T•
NOTICE OF PUBLIC HEARING
SPOKANE COUNTY HEARING EXAMINER
TO: All interested persons, and owners/taxpayers within 400 feet
YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARIV : NVI[; ! ~ BE ON~ r1' ~ 1L
LAND USE APPLICATION LISTED BELOW, AS FOLLOW S:
Application: File No. CUE-6-01; Conditional Use Permit for a Home industry tu operate a 1a~v,-t i, d
tree spraying business from a 2,080 SClllaze f00t ct?•lirtt!rc' nrircirint toSf Ctinr
14.616.240(4) ofthe Spk,1.-('?~~~~~~,~~
Parcel No: 45234.132
Hearing Date and Timc: i\viay %3, ~vv i~, 9:uu a.ii~.
I'lace: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 102(1
West Broadway, Spokane, Washington.
Owner/Applicant: Dan & Crystal Clark, 14823 E. 14~' Avenue, Veradale, WA 99037; 509/928-567~
Address and Location: The site address is 14823 E. 14t' Avenue. The subject property is generally
located north of and adjacent to 14`h Avenue approximately 150 feet east of Marigold Street in the S`V ~
of the SE '/4 of Section 23, Township 25N., Range 44 EWM, Spokane, Washington
Comprehensive Plan: Urban (U)
Existing Zoning: Urban Residential-3.5 (LJR-3.5)
Environmental Determination: A Determination of Nonsignificance (DNS) was issued by the County
Division of Planning, as the lead agency on May 4, 2001. The comment period ends May 19, 2001.
Related Permits: None required at this time.
Division of Planning Staff: Deanna Walter, Associate Planner, (509) 477-7200
HEARING EXAMINER PROCEDURES
Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted in
Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and
may submit written comments and documents before or at the hearing. The Hearing Examiner may limit
the time given to speakers. A speaker represenring each side of the issue is encouraged. Any appeal of
the Hearing Examiner's decision will be based on the record established before the Hearing Examiner,
pursuant to County Resolution Nos. 96-0171. Environmental appeals will follow the same procedural
route as the underlying action. All hearings will be conducted in facilities that are accessible to persons
with physical disabilities.
Inspection of File, Copies of Documents: A Staff Report will generally be available for inspection
seven days before the hearing. The Staff Report and application file may be inspected at the Spokane
County Division of Planning, 15t Floor Permit Center, Public Works Building, 1026 W. Broadway,
Spokane, WA 99260-0220, between 8:30 a.m. and 5:00 p.m., weekdays, M-F, except holidays. Copies
of documents will 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 Planning, 1026 W. Broadway, Spokane, WA 99260, Attn: Deanna Walter, File No. CUE-6-
01. 1Vlotions must be made in writing and submitted to the Spokane County Hearing Examiner, 3`d Floor,
Public Works Building, 1026 W. Broadway, Spokane, WA 99260-0245.
. Kimball, Sandy
From: Hemmings, Bill
Sent: Wednesday, February 14, 2001 7:59 AM
To: Walter, Deanna
Cc: Engelhard, Scott; Kimball, Sandy; Parry, Ed; Sims, Brenda; Baldwin, Greg; Hohman, John;
Little, Colleen
Subject: CUE-06-01 - Dan Clark
2-14-01
I consider the proposal to be technically complete. I have no comment on this proposal at this point in time.
Bill Hemmings, PE
1
PAGE 1 14:57:03 14 FEB 2001
Road# Road Names.......... MPost. Reference Descriptio Road Log Info..........
05899 14TH AV (START) .000 EASTERN RD (END) U 19 PAVED 36
14TH AV .050 DYER RD (END) U 19 PAVED 36
.160 DAVID ST (END) U 19 PAVED 36
.210 HAZEL ST (START) U 19 PAVED 36
14TH AV (END) .370 EAST END OF ROAD U 19 PAVED 36
05900 14TH AV (START) .000 WOODRUFF RD U 19 PAVED 32
14TH AV .070 WALNUT RD U 19 PAVED 32
.140 HER.ALD RD U 19 PAVED 32
.210 DARTMOUTH RD U 19 PAVED 40
.300 BALFOUR BV & RD U 19 PAVED 32
.370 RAYMOND RD U 19 PAVED 32
.440 OBERLIN RD U 19 PAVED 32
14TH AV (END) .500 UNIVERSITY RD U 19 PAVED 32
05904 14TH AV (START) .000 ADAMS RD U 19 PAVED 36
14TH AV .070 MARIGOLD ST (START) U 19 PAVED 36
.080 MARIGOLD CT U 19 PAVED 36
14 TH AV ( END ) .180 BURNS RD ( END ) U 19 PAVED 36
06092 14TH AV (START) .000 SKIPWORTH RD U 19 PAVED 40
14TH AV .050 WOODWARD RD (END) U 19 PAVED 36
14TH AV (END) .110 EAST END OF ROA.D U 19 PAVED 36
06160 14TH AV (START) .000 SULLIVAN RD U 19 PAVED 30
14TH AV .180 TIMBERLANE ST (START U 19 PAVED 30
14TH AV (END) .340 ROTCHFORD DR U 19 PAVED 30
06194 14TH AV (START) .000 WEST END TO NEWER RD U 19 PAVED 40
14TH AV .080 NEWER RD (END) U 19 PAVED 40
.140 CENTURY RD (END) U 19 PAVED 40
14TH AV (END) .190 SULLIVAN RD U 19 PAVED 40
06235 14TH AV (START) .000 WEST END TO HOWE ST U 19 PAVED 28
14TH AV .020 HOWE ST (END) U 19 PAVED 28
14TH AV (END) .050 EAST END OF ROAD U 19 PAVED 28
05898 14TH AV (STAR.T) .000 HAVANA ST U 19 PAVED 24
14TH AV (END) .490 CARNAHAN RD U 19 LIGHT BITUM. 22
05901 14TH AV (START) .000 FOX RD U 19 PAVED 40
14TH AV (END) .060 REEVES RD (START) U 19 PAVED 40
05902 14TH AV (START) .000 SR 27 (PINES) U 19 PAVED 36
14 TH AV ( END ) .120 HOUK RD ( START ) U 19 PAVED 36
05903 14TH AV (START) .000 MCDONALD RD U 19 GR.AVEL 32
.120 END GR.AVEL/START PAV U 19 GRAVEL 32
14TH AV (END) .260 BLAKE RD U 19 PAVED 36
06133 14TH AV (START) .000 VERCLER RD (END) U 19 PAVED 40
14TH AV (END) .040 VIRGINIA ST U 19 PAVED 40 ,
12 Records Processed
.
~ • • ' ' i
S P O K A N E ~ i,T r' C O U N T Y
DNISION OF PLnNNIN(. A DIVISION OF THE PUBLIC WORKS DEPARTMENT
MlCHAEL V. Nf:E[7HAM, DIRECTOR CAKY OBERG, DIRECI'OR
MEMORANDUM
TO: Spokane County Division of Engineering; Transportatioil Eiigineering, Scott
Engelhard, c/o Sandy Kimball
Spokane County Development Engineering Services; Bill Hemmings
Spokane County Stormwater Utility; Brenda Sims
Spokane County Division of Utilities; Jim Red
Spokane Regional Health District; Steve Holderby
Spokane County Division of Birilding & Code Enforcement; Jeff Forry
Spokane County Fire Protection District No. 1
Central Valley School District No. 356
Vera Irrigation District No. 15
FROM: Deana Walter, Associate Plann~Uw-
~
DATE: February 13, 2001
SUBJECT: CUE-06-01; Conditional Use Permit for a Home Industry
Attached you will find a copy of the application submitted by Dan and Crystal Clark for a
Conditional Use Permit for a home industry to operate a lawn and tree spraying business.
Please forward your review comments to me by February 27, 2001
If you have an}, questions please contact me at 477-7200.
NOTE: The Division of Planning is now circulating comments for SEPA Checklist. This
will be the only time you will be able to comment regarding the SEPA Checklist
for this project.
wc
Attachments: Application, vicinity map, site plan, Environmental Checklist
Copy w/o Attachments: Dan & Crystal Clark, 14823 E. 1401 Avenue, Veradale, WA. 99037
1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0220
PHONC: (509) 477-7200 • FAX: (509) 477-2243 • TDD: (509) 477-7133
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ULL C16~01
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l~l APPLICATION FOR PUBLIC NEARING ITEIVIS
CUP'S, VARIANCES, NON-CONFORMINS USES
RECEIVED
DIVISION OF BUILDING AND PLAN6RQKANE COUNTY
SPOKAI~E COUNTY
FEB 06 20Q"1
PROPERTY OWNER INFOR AT10N 44n DIVISIOI'V OF PfuANhojNG
♦ Property Owner(s): r
Street Address: _j L 9
W 1~ Zip Code:
City: ~ State:
~
Phone: (Home) (W°rk) ~ _677C) Fax: ~--,C771
APPLICANT/AGENT INFORMATION
♦ ApplicanUAgent:
Street Address:
City: State: Zip Code:
Phone: (Home) (Work) Fax:
REQUESTED ACTIONS(S) (Indicate appropriate action):
b( Conditional Use Permit O Expansion of a Nonconforming Use
0 Variance(s) C] Other (list):
PROJECT INFORMATION
• Existing use of property:
• Describe 0roposed use of the property, notinq c anqe from 'existinq use':
dr' r L L--!~: ~ v
• If a variance application, state the Code standard and describe the variance soucht in
comoarable terms (i.e., 50 feet from centeriine verses required 65 feet):
• If a conditional use permit application, does proposal meet all standdrds? Y N
If not, has one or more variances been requested: Y N
• If home industry, has consultation occurred with the Division of Building and Planning
regarding construction of building for intended use? Y N
APPIICATIONS FOR PUBUC HEARfNG 1TEMS PAGE 2 Of 3
CUP. Vaniancp_ Non-ccxiforrninQ U4es
• Size of the subject property Parcel No.(s): ~•~'7
• Stree# address of property (if known): L ~ L~ ~ ~ ~ •
• Legai description of pro erty (includ easement, if applicable): 7V~t,
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• Source of I~gai: ~~,6 v\
• Total amount of adjoining land controlled by this owner, sponsor and/or agent:
• What interest does applicant hold in the property 1t\ Ly-
NOTARY
State of Washington)
SS
County of Spokane )
I swear, under penafty of perjury, that: (1) 1 am the owner of record or authorized ageni Tor
the proposed site; (2) if not the owner, written permission from 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 best of my knawiedge.
Signed: a t e WANDA T. CLARK ,
NOTARY PUBUC
S664-4~
TATF OF WASHINGTON 4/-
EtPrREs JANU,vtY 6, 2003 NotaD( Pubiic in and for the Sate of Washington, residing at
C)4-- My appointment expires 0l0W 5
BURDEN OF PROOF FORM(S) (by appiicant)
lt is necessary for the appficant or his/her representative to establish the reasons why the
requested action shouid be approved and to literally put forth the basic argument in favor of
approving the application. Accordingly, you should have been given a form for your
requested action (variance, conditional use, etc.) designed to help you present your case in a
way which addresses the criteria which the Hearing Examiner must considEr. Piease
complete the form and retum with your application_
FOR STAFF US O LY
Section Township ~ Range VoiationlEnforcement: CY) N
,
Lot, legal & add'I. ownership eck d by: ,
Person doing preapp conf.: Other/previous Division of Buiiding and Pianning actions invoiving this property:
Certificate of Exemption No. Application No. ! 1
Hearing Date Various site plan dimensions check by
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J J APPUCAT{ONS FOR PUBUC HEARING {TEMS PAGE 3 of 3
CUP. Variance- Non-coMormlnc+ USe.n SIGN-OFF BY AGENCIES
The appiicant must visit each agency whose number is circied befow.
1. SPOKANE REGIONAL HEALTH DISTRICT
a. Pro osed ethod of water suPPI
P m Y
b. Proposed method of sewage disposal _Tv ~/,r,, $e bYti-~
A preliminary consultation has been held to discuss the proposal. The applicant has been informed of
requirements d standards. We reque t consultation with the Division of Buffdin 8 Planning: Y N
( Z ~ A /
Si ure ~ Da
~ 2. WATER PURVEYOR: V 6P-A 1J4Te'Z- ~ PQ W`-2. .
a. Proposed method of water supply ~)ohesTic S145n0j
b. The proposal is/'*i-~ located within the boundary of our future service area.
c. The proposal isA*4*4located within the boundary of our current distri(L
d. We are/aapnet able to serve this site with adequate water.
e. Satisfactory arrangements have een made to serve this proposal.
/-2q-o/
Date
Sig ure
3. SEWAGE OlSPOSA VEYOR:
a. Proposed method of water s
b. Proposed of sewage disposa
A preliminary consultation has been held to discuss the phas been informed of
requirements and standards.
Signature Date
4. FIRE DISTRICT/ FIRE MARSHALL
a. Proposed is within Fire Protection District
b. Adequate arrangemeniL hv.,elh'Wenetbeen made to meet our needs in providing for an
adequate water system and facilities for fire protection purposes
c. Recommended fire flow: ' ; or unabie to cafculate now because use is nct
definitive and will be determined at buifding permit application time.
d. Requirements include: PIRC490 ~KT2'-Z10P- 4F `~47-' = ?1tsr/e_m,).T
Ae-w s'rocap LdL~E . L D~Y OF G~C lT~~G. ~'1,~9~i !A'GS LJST
Tb ge PRo utWfPTYPES oF M~IbRMBtZ,
,
SigAature Fire District # Date ~
nPP r« auoiir- Hean:9 nem:-g-,aea
- RECEIVED
1 , f
' gpQKANE COUNTY
FE B Q 6 2001 CONDIT]ONAL USE PERMlT BURDEN OF PROOF FORM -
LANNING Name:
D(VISION OF P
CiLl
File: .
CONDITIONAL USES, State Law, Section 36.70.020 (7), clarifies that the County regulafions
must specify the standards and criteria that sh211 be applied in the review by the Hearing
Examiner. Condition(s) of approval may aiso be added to assure compatibility with other uses in
the same zone.
A. Assuming the proposal is listed as a'permitted' conditional usz, do you be!ieve the proposal
meets all of the requirzd, estaolished and applicable standards? U L S
B. If you cannot meet the conditionai uses required s:andards, are you sz~ing relief by applying
for an administrative exception or a variancz? Yes No
C. What have you done or could you do to:
1. Make the us2 compatible with other permitted activities in tne same vicinity or zone?
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2. Ensure ~gains•L imposing excessive demant~s upon public ut~ities?
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D. Explain how or why the proposal will not be detrimental to:
1. The Comprehensive Pfan:
p ~ L~~ ~ w~ ~ • 2rc
,
2. Surrounding properiy:
E• What reasonable resUictions, conditions or safeguards will uphold the spirit 2nd intent (he2lth,
safety and general welfare) of the Zoning Code AND mitigate any adverse eifiect upon tne
neighbori ng properties - including but not (imited to: 1) time limits; 2) front, side or re=r yard
greater than minimum stated; 3) suitabl landsc2ping; 4) s;gning; 5) off-stre~t parkinc; and 6)
others?_JA~) y\tA6mL Y ~ ~c e--
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■ ~i ' - - tnti V anitY MaP
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• ' ~ . , ~ RECEIVED
~ . : SPOKANE COUNTY
F E g 0 6 2001
DIVISION OF PI.ANNING
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.SPOKANE ENVIRONMENTAL ORDINANCE
~ SECTION 11.10.230~1^
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SEPA ENVIRoNI~ffiNTAL CHEcxUsT
WAC 197-11-960
Spokane Environmental Ordinance Section 11.10.234(1)
PURPOSE OF CNECKLIST .
The Scate Environmencal Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies
to consider the environmental impacu of a proposal before making decisions. An environnaental
impact statement (EIS) must be prepared for a.ll proposals with probable significant adverse impacts on
the qualiLy of the environment. The purpose of this checklist is to provide information to help you
and the agency identify impacc from your proposal (and to reduce or avoid impacu from the proposal,
if it can be done) and co help the agency decide whether an EI5 is required.
IIVSTRUCTIONS FOR APPLICANI"S .
This environmental checklisc asks you to describe some basic information about your proposal.
Governmental agencies use this checklist to determine whether the environmenLal impacts or your
proposal are sianificant, requiring preparation of an EIS. Answer the questions briefly, with the most
precise information known, or give the best description you can.
You must answer each question accurately and carefully, to the besz of your knowledge. In most
cases, you should be able to answer the questions from your own observacions or project plans
without the need to hire esperrs. If you really do noL know the answer, or if a question does not
apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions
now may avoid unnecessary dela.ys lacer.
Some questions ask about governmental reb lations, such as Zoning, shoreline, and landmark
designations. Answer these question if you ca.n. If you have problems, the gov ernmental agencies can
assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period
of time or on differenc parcels of land. Attach any additional informazion that will help describe your
proposal or its environmental eEfecu. The agency to which you submit this checklist may ask you to
explain your answers or provide additional information reasonably relaced to determining if there may
be significanc adverse impact.
USE OF CHECKLIST FOR NON-PR01ECT PROPOSALS:
Complete this checklist for non-project proposals, even though questions inay be answe: ed "does not
apply." N ADDITION, complece the SLTPtEMEN?AL SHEET FOR NO`-PROJECT ACTip\S (part D).
For non-project ac-,ions, the references in the checklist to the w-ords "project," "aoolicant," and
"propecty or site" snould be read as "proposal," "proposer," and "affecLed geocraphic area,"
respectively.
Spokane Enti iro:.:.i-ent:.l Ordinance Checklist Pa;e 2 of 21
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A. BACKGROUND FII.E/PROJECT No.
1. Narrie of proposed projecc, if applicable:
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2, Name of applicant:
3. Address and phone number of applicant and contact person:
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4. Date checklist prepared:
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5. Agency requesting checklist:
L2-~A 'VA
6. Proposed timing or schedule (including phasing, if applicable):
Y\ A
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Spokane Environmenizl Ordiaaace Checklis: P:.;e 3 of
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A. BACKGROUND (concinucd):
7. a. Do you have any plans for future additions, expansion, or further activiry related to or connected with this
proposal? If yes, expla.in.
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b. Do you own or have options on land nearby or adjacent to this proposal? If yes, eYplain.
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8. List any environmental information you know about that has been prepared, or will be prepared, directly
related to this proposal.
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9. Do you know whether applications are pending, for governmental approvals of other proposals directly
affeccing che property covered by your proposal% If yes, explain.
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10. List any go4-ernraent approvals or permits that will be needed for your proposal, if knon n.
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Spokane Environmental Ordinanee Chetklist Page s o~ ? 1
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A. BACKGROLTND (coacinued):
11. Give a brief, complete descripuon of your proposal, including the proposed uses and the size of the project and
site. There are several questions later in this checklist that ask you to- describe certain aspecu of your proposal.
You do not need to repeat those answers on this page.
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12. Location of the proposal. Give sufficient inEormation for a person to understand the precise location of your
proposed project, including a street address, if any, and seccion, township and range, if known. If a proposal
would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description,
site plan, viciniry map, and topographic map, if reasonably available. While you should submit any plans
required by the agency, you are not required to duplicate maps or detailed plans submitted with an}- permit
application related to this checklist.
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13. Does the proposed action lie within the Aquifer SensiEive Area (ASA)? The General Sea•er Service Arm) The
Prioricy SeRrer Senice Area? The City of Spokane? (See: Spokane County's ASA Overlav zone Atlas for
boundaries).
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\ • • • ' • Evaluation For
, Agency Use Only
TO BE COMPLETED BY APPLICANT
B. EWIRONMENTAL ELELMENI'S:
1. E AxTH
a. General description of the site (circle one): fla rolling, hilly, steep slopes,
mounEainous, other:
b. What is che sLeepest slope on che sice (appro~cimace percent slope)?
c. What general rypes of soils are found on the sice (for example, clay, sand, gravel, peat,
muck)? If you know the classificauon of agricultural soils, specify them and note any
prime farmland.
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d. Are there surface indications or history of unstable soils in the immediate viciniry?
If so, desc ibe.
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e. Describe the purpose, type and appro~cimaTe quantities of any filling or grading
proposed. Indicate source of fill.
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f. Could erosion occur as a resulc of clearing, construccion, or use? If so, gene; ally
descr*be
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Spokane Enviroamental Ordinance Checklist Pa;e 6 0: ? 1
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Evaluation For
Agency Use On ly
B. EtWIRONMENTAL ELEMENTS (Continued):
g. About what percent of the site will be covered with impervious surfaces after project
const~u~ion (for example, asphalt or buildings)?
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h. PropQs d measures to reduce or control erosion, or ocher impacts to the earth, if any:
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2. AI R
a. What rype of emissions to the air would result from the proposal (i.e., dust,
automobile, odors, industrial, wood smoke) during construction and when the project
is com?~ted? If any, generally describe and give approximate quanrities, if known.
If \
b. Are there any off-site sources of emissions or odor that may affect your p: oposal?
If so,. g nerally describe.
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c. Propos d measures to reduce or control emissions or ocher impacts to air, if any:
Y`
Spokane Environmzntal Ordinar.ce Chec4list Pa~e 7 0.` 21
Evaluation For
. Agency Use Only
B. ENVIRONMENTAL ELEMENI"S (Continued):
3. WATER ~
a_ Surface:
1) Is there any surface wacer body on or in the immediate vicinity of the site Cincluding
year-round and seasonal strearris, saltwater, lakes, ponds, Wetlands)? If yes, describe
~,provide names. If appropriate, state what stream or river it flows inco.
type anF-~1
2) Will the projecL require any work over, in, or ad}acent to (within 200 feet) the
escr"b~;aters? If yes, please describe and artach available plans.
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3) Estimate the amount of fill and dredge material that would be placed in or removed
from surface water or wetlands and indicate the area of the site that would be affected.
ndicate he source of fill material.
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4) Will the proposal require surface wacer wichdrawals or d.iversions? Give a gene: al
descrip on, purpose, and approximace quantities if known.
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5) Does thz proposal lie within a 1C0-year floodplain? If so, noce location on the site
plan.
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Spokane Environmzntsl Ordinance Chec'.{list P1~e 8 o! ? 1
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Evaluation For
_ 'Agency Use Only
B. ENVIRONMEiNTAL ELEMEYI'S (Continued):
6) Does the proposal involve any discharges of waste materials to surface waters? If so,
describe the type of waste and anticipated volume of discharge.
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6. Ground:
1) Will groundwater be withdrawn, or will wacer be discharged to ground water?
Give $e~eral description, purpose, and approximate quantities if known.
2) Describe waste mate: ial that will be discharged into the ground from septic tanks or
other sanitary waste treatment facility. Describe the general size of the system,
the number of houses to be served (if applicable), or the
number f persons Lhe system(s) are expected to serve.
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-3) Describe any systems, other than those designed for the disposal of sanitary waste,
installed for the purpose of dischargin~ fluids below the ground surface (including
syscems such as those for the d.isposal of storm water or draina;e from floor drains).
Describe the type of system, the amount of macerial to be disposed of through the
system and the types of materials likely to be disposed of (includin~ materi
als which
may enter the system inadvertently through spills or a.s a result of fire fighting
activive
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SDokane Environment.3.1 Ord;nancc Checklist P1;° 9 of 21
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' Evaluation For
. Agency Use On ly
B. ENVIRONMEtvTAL ELEME1vI'S (Concinued):
4) Will any chemicals (especially organic solvenu or petroleum fuels) be stored in above-
ground or underground storage tanks? If so, what types and quantities of materi-As will
be M4?
M 5) What protective measures will be taken to ensure thaE leaks or spills of any chemicals
stored or used on site will not be allowed to percolate to groundwater (this includes
meas res to keep chemicals out of disposal systems described in 36(2) and 3b(3)?
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c. Water Runoff (including storm water)
1) Describe the source of runoff (including storm water) and method of colleccion and
disposal, if any (include quantities, if known). Where will this water flow? Wi11 this
o other waters? If so, describe.
int
water iNw
2) Will any chemicals be sEored, handled or used on the site in a location where a spill or
leak will drain to surface or groundwater or to a storm water disposal system
disc~arn~ to surface or groundwater?
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3) Cou dwaste mace::als enter ground or surface wacers? If so, generally describe.
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Spokane Environmental Orcinance Checkl:st Pa;e 10 0: ? 1
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Evaluation For
Agency Use Only
B. ENVIRONMENTAL ELEMFaYI'S (Cootinued):
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if
any (if the proposed action lies within the AQuifer Sensitive Area be especially clear on
explanaEions relatinc, to facilities concerning Sections 36(4), 3b(5), and 3c(2) of this
checklist).
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4. PLANTS
a. Check o circle types of vegetation found on the site:
deciduous tree: alder, apl aspen, other
evergreen tree: fir, cedar, pine, other
%oo"'shrubs
\~grass
pasture
crop or grain
wet soil plants: caLta.il, bunercup, bullrush, skunk cabbage,
other
water plants: wa.ter lily, eelgrass, milfoil, other other types of vegetation
b. Whac kind and arnount of vegetation will be removed or altered?
c. List threatened or endangered species known to be on or near the site.
d. Proposed landscaping, use of native plants, or other
measures to preserve or enhance vegetation on the site, if any:
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Spokane Envicunmental O:dina::ce Checklist Page 1 1 o; 21
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' Evaluation For
• Agency Use Only
B. EINfVIRONMEt~JTAL ELEMFr~1TS (Conhnued):
5. ANIMALS
a. Circle any birds and animals which have been observed on or
near the siEe or are known to be on or near the site:
birds: hawk, heron, eagle, songbirds, other: A-
mammals: deer, bear, elk, beaver, other:
fish: bass, salmon, trout, herring, shellfsh, other:
b. List any threatened or endangered species known to be on or near the site.
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c. Is the site part of a migration route? If so, e:cplain.
Y~ 0
d. Propose measures to preserve or enhance wildlife, if any:
6. EiVERGY AND NATURAL RESOURCES
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used
to meec the compleLed project's energy needs? Describe whether it will be used for
heacing, manufacLUrinj, etc. . ~
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b. Would y-our projecL aftect the potencial use of solar energy by adjacent prope:ties?
IE se, generally- describe.
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Spokane Environmzntal Ordin:.nce Checklist Page 12 oi 21
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Evaluation.For
. Agency Use Only
B. ENVIRONMENTAL EI.EMEMS (Continued):
c. What kinds of energy conservation features are included in the plans of this proposal?
List oth proposed measures to reduce or control energy impacts, if any:
7. ENVTRONINIENTAL HEUTH
a. Are there any environmental health hazards, including eYposure to toxic chemicals,
risk of fire and eYplosion, spill, or hazardous waste, that could occur as a resvlt of this
proposal? If so, de cribe.
a- LV. L A.
1) Describe special emergency services ~haL might be required.
4~~ a ~---Q L . 2) Proposed measures to reduce or control environmental
health hazards, if any:
Y*N Pt
b. N oise
1) What types of noise e:ust in the area which may affect your project (for example:
traffic, equipment, operation, othe:)?
2) What types and levels of noise would be created by or associaEed w ith the project
on a short-term or a lon~ term basis (for eYample: traffic, construction, operaEion,
other)? Indicate what hours noise would come from the sitz.
Spokzne Environmentzl Or;::r.znce ChecklisL Page 1; o:? I
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Evaluation For '
, Agency Use Only
B. EIIVIRONIYIENTAL ELEMENTS (Continucd):
3) Proposed measure to reduce or control noise impacts, if any:
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8. I.AND AND SHORELI11`IE USE
a. hat is the curren use of the site and adjacent properties?
b. Has the sitz been used for agriculture? If so, describe.
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c. Describe any structures on the siLe.
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d. Will any sLructures be demolished? If so, which?
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e. Wha is the current zonina classification of the site?
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Spokane Environm;-ital O:dinance Checklisc Page 14 of 21
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Evaluation For
. Agency Use Only
B. ENVIRONMEYTAL E7LFMEMS (Continued):
f. What is the current Comprehensive Plan designation of the site?
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g. If applicable, what is the current shoreline master program designation of the site?
h. Has any part of the site been classified as an "environmenLally sensitive" area.)
If so, specify.
i. ApproYimately how many people would reside or work in the completed project?
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Apploximately how many people would the completed project displace?
1 k. Propose measures Lo avoid or reduce displacemenc impacts, if any:
Y\ ~
1. Proposed measures to ensure the proposal is compatible with existing and projected
land uses and plans, if any:
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Spokane Environm-e:.ca1 Ordinance Chect:Iist Pa~° 1~ c; ? I
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Evaluation For
. Agency Use Only
B. ENVIRONMENTAL ELEMENTS (Continued):
9. HOUSING
a. Approximately how many units would be provided, if any? Indicate whether high,
middle, low-income housing.
b. Approximately how many uniu, if any, would be eliminated? Indicate whether high,
middle, or low-income housing.
c. Prop1sed measures to reduce or control housing impacts, if any:
~
10. AESTHETICS .
a. t`Uhat is the tallest height of any proposed structuxe(s), noc including ancennas;
c-naz is the principal e:cLerior building material(s) proposed?
__Y\ P~
b. WhaL vietvs in the immediate vicinity would be altered or obstructed?
Y_~ ~
c. Prop,osed measures to reduce or control aesthecic impaccs, if any:
Spokane Enti-ironmenc:►1 O: ciaance Checklist Page 16 of 21
I
' , Evaluation For
. Aaency Use Only
B. ENYIRONMENTAL ELEMENTS (Continued):
11. LIGHT AND GLARE
a. What cype of light or glare will the proposal produce? What cime of day would it
mainly o~cur?
~~l
1\
b. Could lighc or glare from the finished project be a safery hazard or interfere with
views'
c. What~e 's
~ ~ting off-sice sources of light or glare may affect your proposal?
d. Propose measures to reduce or control light and glare impacts, if any:
f~
12. RECREATIOV
a. Whaz designated and informal recreacional opportunities are in the immediate vicinity?
Y\ A
b. Would the proposed project displace any existing recreational uses? If so, describe.
Spokane Environmental Ordinance Checklist Paae 17 of ? 1
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. , . .
Evatuation For
Agency Use Only
B. ENVIRONMENTAL ELEMENTS (Con(inued):
c. Proposed measures to reduce or control impacts on recreation, including recreacion
oppo u ities to be provided by the project or applicant, if any:
~
~ -
13. HISTORIC AND CULTURAL PRESERVATION
a. Are there any places or objects listed on, or proposed for, national, state, or local
pr servation registers, known to be on or ne:ct to the site? If so, generally describe.
b. Generally describe any landmarks or evidence of historic, archaeological, scientific
or cultural importance known to be on or nest to the site.
Y\ ~
c. Progosed measures to reduce or control impacts, if any:
~
14. TRNNSPORTATION
a. Identify public screets and highways serving the site and describe proposed access
to the e:cisLing street ry tem. Show on ite plans, if any.
~ r v
~
b. Is site currencly sened by public transit? If not, whaL is the approXimate diszance
to the nearest tra-nsic ? 3 o-4 ,
Spokane Environmental Ordinance Checklist Page I S of 21
! • ~ ~ ~
Evaluation For
. Agency Use DnIy
B. EiVVIR4NMENTAL ELE.IvIEN'TS (Contirrucd):
c. How many pazking spaces would the completed praJcet have? How many would the
projec~ nate? .
d. WilI the proposal require any new roads or streets, or improvem,ents zo e-xiszino, roads
or streets, not including driveways? IF so, generally describe (indieate whether ptabjic
or private).
e. Will the project use tor occur in the immediate vicinicy 00 water, rail, or azr
transpartatzan? If sa, senerally +describe.
f• Hvw many vehicular trips per day would be generaied by the complezed project?
kr~.own, in ~cate when eak vQlumes would oceur. , c
f
~ ~
- ''~L ~ L~GI _ ~ ~ L~ ~ '~c-~ . ~C~
Ts f A
LJ A ~ L'''r' + ~ ~ p r r , ; r.✓• _ ~ [ x`*~. ~ ~ rI
e-F cx J \r"'k C\. a- i.4 ~
g. Proposed measures tv reduce vr cpntrvl transparnacion impa.cu, if any: '{yt t;s~~..~.. y, f
15. PL)BLIC SER'v`ICES
a. Would the project result in an increased need far public services {for examole;
fire protection, palice protectian, hea.lth care, schaoIs, other}? If so, gene: ~y describe.
S3pakane Environme._tal Ordinance Checklist Pa;- 19 of ? i
i
. . . .
. , .
.
.
Evaluation For
Agency Use Only
B. ENVIRONMENTAL ELEMEN'I'S (Continucd):
b. Proposed Alsures to reduce or control direct impacts on public services, if any.
~ 16. UTILITIES
a. Circle utiliLies. rrentlX_av ' ble at the site: ect ici natural gas, L-ater refuse
servi~ t ephone s'tary se r, septic system, ot er.
~
b. Describe the utilities that are proposed for the projecc, the utility proti id.ing the
service, and the general construction activities on the site or in the immediate vicinity
which might be needed. ~
tb2l~..._~ ~ v-
4 L- ~ C. SIGNATURE
I, the undersigned, swear under the penalry of perjury that the above responses are -made truthfully a.nd to the best of
my knowledge. I also understand thaL, should there be any willful misrepresentation or willful lack of full d.isclosure
on my part, the azencv may withdraw an y determination of non-significance that it might issue in reliance upon this
checklist.
Date:
Proponent: Proponent:
(Pleasc -pe or prin[} (Signature)
Address: City, State, Zip:
Phone:
Person completing the form: Date:
Phone:
I
Spokane Environmer.t.1 Ord-':~aace Checklis: Pa;e 20 oF21
.
• . ` ' ~ •
. ~
FOR STAFF USE ONLY
Staff Member(s) Reviewing Checklist:
Based on this staff review of the environmental checklist and other pertinent information, the staft:
A. Concludes that there are no probable significant adverse impacts and recommends a
determination of nonsignificance (DNS).
B- Concludes that probable significanc adverse environmental impacts do exist for the current
proposal and recommends a mitigated determination of nonsignificance with conditions QVIDNS).
C. Concludes that there are probable significant adverse environmental impacts and recommends
a decermination of significance (DS).
REFER TO FEE SCHEDULE FOR FILNG FEE
Spokane Environmencal Ordinance Checkl*!st Pagz 21 of 21
. i
.
. .
SUN SERVICES V'VEED, PEST & SPRAY, TNC.
DAN CLA►RK, OWNE AGER
14823 EAST 14"HAVENUE, VERADALE, VVA 99037, (509) 928-5670
Attachment to 4uestion 7 naee 13 of Environmental Checklist
7(a) All work is done with Ca.tegory III & IV pesticides, which of the four categories are the
l,east toxic and the most safe to work with and apply. Health haz.ards, toxic exposer, risk of fire
a.nd eacplosion are virtually nonexistent. Spill procedures are in place, and in 21 years of business,
I have never had one single occurrence of a pesticide spill. Concerning this proposal, hazardous
waste is nonapplicable.
7(1) Since 1991, this company has rermained very small with myselfbeing the onty pesticide
applicator. Pesticides are purchased in very sma11 quantities on an as-needed basis. No bulk
pesticides are required, therefore reducing risk. Nothing other than norrrrally provided community
services should be needed.
. .
SPOKANE COi1N'I'Y D_._SION OF BUn.DIN' AND DE ENFOR
1026 WEST BROADWAY AVENUE • SPOKANE, WA 99260-0050
(509) 477-3675
~ SITE INFORMATION PROJECT INFORMATION ~
Site Address: 14823 E 14TH AVE Project Number: 01000699 Inv: 1 Issue Date:
VERADALE, WA 99037 Permit Use: CUE-06-01
Parcel Number. 45234.1327
Subdivision: VERA Applicant: CLARK, DAN
Block: Lot: 14823 E 14TH AVE
Zoning: UR-3 Urban Residential 3.5 VERADALE, WA 99037 Phone: (509) 928-8432
Contact:
Owner: CLARK, DAN
Address: ] 4823 E 14TH AVE Phone:
VERADALE, WA 99037
Inspector: DAN HOWARD Setbarks - Front: Le ft: Right: Rear:
Water Dist:
Group Name: CLTE-06-01
Project Name:
( PExMiT(s) ~
Condilional Use Contractor: License t!:
ENGINEER REVIEW $50.00 ENVIRONMENTAL REVIEW S75.00
CONDITIONAL. USE PERMIT 5436.00 UI'1LITIES (INSIDE PSSA) 5100.00
Total Permit Fee: $661.00
i
i
~ PAnMErrr SuMMaRY page 1 of 1 NOTES ~
PAYMENT Processed By: WRIGHT, RAE
Printed By: WENDEL, GLORIA
Tran Date Receipt # Pavment Amt
2/7/01 697 $661.UO
Total Fees AmountPaid AmountOwing
$661.00 $661.00 $0.00
I
. .
Spokane County
Public Works Departmejit
Divison of Building & Code Enf ~~J•cE.'jj1L'1`Zt
Receipt
Receipt Number: 697 Customer Number
Projects
Fu11
Proiect Nbr Inv Nbr Fee Amr Irrv Ajnt Owing PAID P»rr
01000699 1 $661.00 $661.00 $661.00 $661.00 `v? 'Total: $661.00 $661.00 $661.00 $661.00
Miscellaneous Items
Total PAID: $661.00
Tender
T
ffe Check Acct Balance CC Nbr Exn Date TENDERED
Check1 2368 661.00
Total TENDERED: 661.00
Over / (Sliort) $0.00
C/rnnge $0.00
Notes:
Trair Date / Time: 2/7/01 9:12:27 AM
By: GWendel
Logon User: gwendel
Station: GWENDEL
Override B}l:
Printed: 217101 9:12:28 AM Page 1 oj 1
i r ~?Gll~l 1 1?: 4F,PM F _
SUN SERVICES WEED, PEST & SPRA'Y', TNC.
14823 EAST 14"' AVENUE
VER.ADALE, WA 99037
(509) 928-5670 FAX (509) 922-6071
FAX CUVER SHEET
DATE: March 7, 2001 PAGES: 3
TO: Greg Baldwni FAX NO.: (509) 477-2243
Spokane Counly Engineez
FRQM: Y?an Clark FAX NO.: (509) 922-6071
RE: CUE-06-01 Additional inforinatioa to ma.p of property
MEMO: Following, as per yoeir request, is a copy of the map with the additional
measurcments that you wanted and aLso the location of the garage doors arid the
entrance to the property frorn 14' Avenue. In addition, is a copy of the letter seat
ta the Spokane County Planning Departmcnt.
If you have questions, please call. Zhank you, Dan
~r•~ .~,~_IN ~E,r~i I r== r ~jr' FPY N0. : r1=1r. P-,' 1 4FPM P~'
SUN SEKVICES WEED, PEST~ ~Pf~AY , IN(:.
DAN CLA►RK, OVfJNE AGER
14823 EAST 14"HAVEN[JE
VERA.nAI.E, WA 99037
(509) 928-5670
Msrch 7, 2001
Spokane County Plannmg Departmem
1026 Vvest $rosdway Spokane, WA 99260-0220
.A~ociatc Plann~„r
Attotion: D;srma walter.
Re., - -0 L-?roc44Vff~.Qq tankr~biQ~and vehicl w4shing..
Dear Deanna:
We received a letter from Greg Haldwia from the Spokane County Engineer Office. In speaking
wixh him oa Lhe phone, be stated that be needed some clarific,ation on the map of the propeny.
We have added the infornlation tbat he requested on the attached map. Please put this with our
file. We will fax a copy Lv him as wcll.
If you bave auy questiozz, please call.
Sincerely,
~
Dan Clark, owner
Enclosure
cc: Greg Baldwin, Spokane County Eagineer
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Parcel: 45234.1327
Owner: CLARK, D M& C A
CoOwner:
Owner Address
f
14823 E 14TH AVE VERADALE WA 99037-9634 USA ~
(D -
Site Address
14823 E 14TH AVE SPOKANE th
t 11
Legal Description
-
VERA S209FT OF E100FT OF BLK
169
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17th N
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t 17 h_./~ , ha
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Notice: This is not a legal docurnent. Data depicfed on this map is general & subject to constant revision. Il is intended
for reference use only. Legal documents should be obtained from the appropriate agency.
DETERMINATION OF
NONSIGNIFICANCE - "DNS"
WAC 197-11-970 and Section 11.10.230(3)
SPOKANE ENVIRONMENTAL ORDINANCE
FILE NUMBER: CUE-6-01
DESCRIPTION OF PROPOSAL: Conditional Use Permit for a Home Industry to operate a
lawn and tree spraying business from a 2,080 square foot detached accessory structure pursuant
to Section 14.616.240(4) of the Spokane County Zoning Code.
PARCEL NO.: 45234.1327
HEARING DATE AND TIME: May 23, 2001 at 9:00 a.m.
APPLICANT: Dan & Crystal Clark, 14823 E. 14" Avenue, Veradale, WA 99037; 509/928-5670
LOCATION OF PROPOSAL: The site address is 14823 E. 14`'' Avenue. The subject property
is generally located north of and adjacent to 14`h Avenue approximately 150 feet east of Marigold
Street in the SW of the SE '/a of Section 23, Township 25N., Range 44 EWM, Spokane, WA
LEAD AGENCY: SPOKANE COUNTY DIVISION OF PLANNING
DETERMINATION: The lead agency for this proposal has determined that it does not have a
probabie significant adverse impact on the environment. This decision was made after review of a
completed environmental checklist and other information on file with the lead agency. This information
is available to the public on request.
This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for at [east
15 days from the date issued (below). Comments regarding this DNS must be submitted no later
t6an 5:00 p.m., May 21, 2001, if they are intended to alter t6e DNS. All comments should be sent
to the contact person listed below.
RESPONSIBLE OFFICIAL: By: Deanna Walter, Associate Planner
Spokane County Division of Planning
1026 W. Broadway Ave.
Spokane, WA 99260-0220 (509) 477-7200
~
DATE ISSUED: May 4, 2001 SIGNATURE:_ Jgv
COMMRVI:S REGARDiNG ENVIRONMEI,~'TAL CONGERNS AFZE WELCOME AT 7HE HEARING.
APPEAL OF THIS DETERMINATION, after it becomes final, may be made to the SPOKANE
COUNTY DIVISION OF PLANNING, 1 st Floor, 1026 W. Broadway, Spokane, WA 99260. The appeal
deadline is ten (10) calendar days after the signing of the decision to approve or disapprove the project.
This appeal must be written and the appellant should be prepared to make specific factual objections.
Contact the Division of Planning to assist you with the specifics for a SEPA appeal.
This DNS was maited to:
1. WA State Department of Ecology (Olympia)
2. Spokane County Division of Engineering, Transportation Engineering; Scott Engelhard
3. Spokane County Division of Engineering, Development Services; I3i11 Hemmings
4. Spokane County Division of Utilities; Jim Red
5. Spokane County Stormwater Utility; Brenda Sims
6. Spokane Regional Health District; Steve Holderby
7. Spokane County Division of Building and Code Enforcement, Jeff Forry
8. Spokane County Air Pollution Control Authority, Chuck Studer
9. WA State Boundary Review Board; Susan Winchetl
10. Fire Protection District No. I
11. Central Valley School District No. 356
12. Vera Water and Power