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VE-8-95 ~ r SPOKANE COUNTY HEARING EXAMINER COMMITTEE FIINDINGS OF FACT, CONCLUSIONS AND ORDER INTRODUCTION Tlus matter has oome before the Hearmg Exam~ner Committee on Apnl 20,1995 The members of the CommitZee present are Tom Nersesian, Chair, Brenda Bodens~eia and Donald Moore. PROP4SAL The sponsors, Peter and Contue Bascetta, request approval of a Zone Reclassification, ZE-12-95, from I.ight Industnat (I-2) and Urban Residential-3 5 (UR-3 5) to Light Industnal (I-2) far a self semce stiorage facility and those uses allawed m the I.ight Industnal (I 2) zone with a Vanance, VE-8-95, request from setback and landscaping requirements along the south, east, and portion of the noith property luies FINDINGS OF FACT AND CONCLUSIONS 1 The property n generally located east of and adjacent to Montgomeiy Drne, approximately 160 feet south of biansfield Avenue in the SE 1/4 of Secaon 9, Township 25 North, Range 44 EWM, Spokane County, Waslungton 2 The Com~nuee adopts the Planniag Deparnnent Repart as a part of dus record. 3 The existing land uses m the ar+ea include commerciau'industnal complexes, offices, mula-family residences and a manufactured home park. 4 The pruposed nse is compatible with exisang uses in the area. 5 The property is located wittun the Urban categozy of the Comprehensive Plan and withui the Pnonty Sewer Service Area (PSSA) The "Urban Category" is mtended to pmvide the oppoztiuuty for development of a"citylike" envu+onment wluch includes vanous laad uses, mwnsive resuiential development, and pubhc faciliaes and servioes (watex, samtary and stoim sewer luies, pohce and fire prote~on, and other features) Urban areas wdl be the most intensely developed of all the categanes and a res~ctient~al Category of single-family, two-family, multifanuly, and condomuiium buildings along with neighborhood co1 - P, r lal, hght nadustnal, and pubhc and recreauonal famhties The mare mtenave land uses snch as hght industnal and neighborhood commercial will be locxitied near the heavily traveled smets, while the least intensive smgle-famly res~denhal nses will be isolatod from the noise and heavy traffic Mulhfamily strucaues will usaally be a transiaonal use located between single-fanmly residential and the more intensive areas ~ , The aite is located a,djaveat to the Indusmal category and is ui a transitional area with industnal and multifamily uses adjacent yo the site Transiaon areas are those amas on or adjacent to the boundasy between two land use categones In such cases propasals meetrng guideluies of either category may be approved subject to the decmon makeis site specific decision. 6 The pmposed zonwg does unplement and conform to the Comprehensive Plan 7 The pwposal is adlacent to Montgomery Avenue The Spokane County ArCmal Road Plan identifies Montgomery Avenue as a Minor Artenal with an existing wLdth of 60 feet aad a planned wldth of 80 feeL In onier to miplement the plan, the County Enginex has requued the dedication of 2 feet and a smp of p;ropesty 8 feet in width along Montgomery Avenue be set aside as a fuUuae aoqmsidon area. Structure setbacks will be measured firom the futim acqwsition area. 8 The eJasang zomng of the pr+aperty descnbed in the apphcation is I.ight Industrial (I-2) and Urban Residential-3 5(UR 3 5) previously established as Restncted Indusmal (Rn and Agncultural (A) zoiung in 1980 and 1942 and redesignated to L.ight Industnal (I-2) and Urban Residential-3 5(UR-3 5) on January 1,1991 pursuant to the Psngram to Implement the Spokane County Zotung Code The proposal does conform to the roqwrements of the proposed zone 9 The gmvmons of RCW 4321C ('The State Envuonmental Pohcy Act) have been comphed with and a Deteraunation of Nonsigmfic;atitce (DNS) was issued The Committee, after independent review, hereby adopts the DNS 10 Tu legal requirements for pubhc nonoe have been fulfilled. 11 The owners of adjacent lands expressed nerther approval nor disapproval of the proposed use 12 The apphcant has demonstrated that oonditions have substannally changed smce the ongiaal zomng of dus area and accondingly, the proposed zone reclassification is jusdfied. Spemfically, chaaged condiaons mclude adjacent uidustnal and commen,tial derrelopntienL 13 The proposed use will not be detnmeatal tio the pubhc health, safety, morals or welfare espemally in hght of the condiaons reoommended by the reviewuig agencies 14 The Cammittee additionally finds/concludes a The roquested vanance along the south property hne n not adveise to the pubhc mtieiest and the applrcant demonstrated the proposed vanance on the south pmperty liae does meet the cntena for a vananve as specified by Cbapter 14 404 OSO of the Spokane County Zoiung Code b The requested vanances along the east property luie and portion of the north prnperty hne are not ui the pubhc mterest and are not consistent vnth the vananve cnt,ena specified by Chapter 14 404 080 of the Spokane County Zomag Code In adcht=, the apphcant did not demonstirate that umque cu+cumstances appheable to the property such as size, shape and topography ~ HEC Order for 2E-12-95 Page 2 , areatie practical d~culties for compliance wtth the Zonuig Code, IIor does strict application of the Zoning Code creaze an unreasonable bunden CONDTI'IONS OR CONTINGENCIES APPLIED TO THLS APPROVAL 1 All Condiaons imposed by the Heanng Fxannner Comnuttioe shall be buiduig on the "Apphcant," which term shaU include the owner or owners of the property, heus, assigns, and successors-in-mteresL 2 The Zone Reclass~~fication applies m the real pr+aperty descnbed below Lot 24, except the West 30 feet, all of Lots 25 and 26, PINECROPT FIRST ADDTI'ION, acconding to plat recaonled in Volume "M" of Plats, Page 35, m Spokane County, Wsshingtan, -M-gether with the South one-haif of vacated Knox Avenue lyuig Nortb of aad ad~ounng Lot 24 except the West 30 feet and adjoming Lots 25 and 26, also together with all of vacated Shannon Avenue lyiag South of and adjouung Lot 24, except the West 30 feet and adjonung Lots 25 and 26 SPOKANE CUUNTY PLANNING DEPARTMENT 1 The proposal shaU comply with the I.ight Industnal (I 2) and Aqnifer Sensitave Area (ASA) Overlay zones, as anlended. Z Tlvs approval is for the specific use of a self semce starage faclity only, as recommended by Washington State Department of Transportation (WSDOT) Any other pnoposed land use would reqwre a Change of Conchtions or a Rezone Rnth appro~nate envu+onmental review and pubhc hearmg 3 The appluant shaU dewelop subject propeaty generally ia avcordance anthin the concept presented to the Heanng Body Vanations, when approved by the Planning Du~ector/designee, may be pernutted, including, but not lumwi to biulding locatioa and landscape plans All variati.ons must conform to regulatrons set forth in the Spokane County Zomng Code, and the ongmal intent of the development plans shaU be maintained. 4 Appruval is requmod by the Plannmg Duectar/desigaee of a specrfic hghang and signmg Plan for the descnbed ProPertY Pnor to the release of any buildwg perrnrts 5 A specific landscape plan, Plantmg schedule aad provisions for maintet~ance aoceptable tio the Planning Ihractor/designee shall be subrmtned vnth a perfarn~ance bond for the project jpnoz to release of building pemuts. Landscaping shall be uistalled aad mauitauied so that sight distance at access pcnnts is not obscured or mpaired. 6 Dum hg6t from any extenor area hghting fixUm shaU not extend over the pmperty boundary 7 The Spokane County Platuimg Department shall prepare and record vinth the County Auditor a T'itle Notice specfyuig a future land avqwsitron area for road nght-of-way aad utthties The reserved futune acqumtion area Tide Notice shaU be ~ HEC Order far ZE-12-95 Page 3 . released, m full. ar m part, by the Planning Departinent The natice should be navarded w7.thm the same tum franw as an appeal and shall pmvYde the follownag a At least 8 feet of remved fiuune aoqwsition area for road nght-of-way and utilines, m addition 1ro the exLStn and/or newly deckcatod nght-uf-way along Montgom+ery Dnve N'Q'I'E The CAUnty Engineer has reqwred 2 feet of new ded1caaoa b Future buMng and other setbacks required by the Spokaue Gounty Zonin.g Code shall be axeaswred fmm the reserved future acqiusitivn area. c No requuvd laad.sc~ging, pariang,'208' areas, dra~nfield or allowed signs slm►uld le located vntlun the future avqiuuaon area for road nght of-way and utihties If any of the aboFVe unpra~►eanents are made wntbYn tlus area, they shall be relocaxed at the appYiccanes expem when raadway ungravenxnts are vaade d T?ne future avqumtion area, unnt acq,uured, shall be gnvate gmperty and may be used as allowecl m the zone, except thst any impmvements (such as landscapuig, Fariang= surface dramage, drauafield, signs or others) shaU be vonsider+cd inwnm uses e The property awner shall be responsible far relvcatmg swch "uitenm" ungrvvem~nt~ at the tnme Spokaae County makm roadway unpmvements after acquuYng saud futcue aaqmsition area. 8 The Plannulg Department shall pRepaue and revnrd vvith the S,pokane County Auchtar a'Iitle Nottce notwg that the pmperty ui quesaon is subject tu a vanety vf special cvndi.dons unposed as a result of appzerval of a land use a+ctivn Tlm Zitle IrTcucs shall serve as pubhc notce of the oondmons of appnaval affecarig the praperty xn question The Title Nvtice s,hould be reconded within the same trme firame as allowed for an appeal and shall vnly be released, in full oz m part, by the Planung DepartmenL The Title Notic:e shall generally pmvide as fallows Tite parcel of prapertp legallp descrihed as [ ]Ls the subject of abnd use achon by a Spokane County Heacmg Body or Adnunisirative Uff"'cial on [ imposiag a variety of special developtnent evnditions. File No [ ] is available for inspechon and capytng m the Spokane County Planning Department SPUKANE COUNTY DIVZSIfJN UF ENGINEERING AND R4ADS 1 Pnar to issuance af a buildmg penmt or at the request of the County Engineer m cvnjuncaon wzth a Caunty Road PrajectlR.oad Imprnvement Ihstx-t, whichever acuan c+om€ss fusL 2 Apphcant shall dedicate 2 feet an Mantgamery Avenue far nght of way and slope easements as necessary PnQr TQ Issuanae Of A Bwidting Perm C?~ U~e ()f The As Proosed. ~ HEC Order foT ZE-12 -95 Pa.ge 4 3 Access pernnts for approaches to the County Road Systiem shall be obtamed firom the County Engineer 4 Apphcant shall subrut for appmval by the Spokane County Engzneer road, drainage and acc;ess plans 5 The applicant shall subnut for appmval by the Spokane County Engineer and the Spokane County health distnct a detailed combmed on-site sewage system plan and surface water disposal plan far the entire project or portion thereof if the development is phased. 6 A parlang plan and traffc cuculaaon plaa shall be submitted aad approved by the Spokane County Engiaeer The design, location and arrangement of parlmg stalls shall be in accmdanve with standar+d engmeenng practices Pavuig or surfwng as approved by the County Engineer will be reqwred for any pornon of the project which is to be occupied or traveled by vehicles 7 The construction of the roadway unprovements statai herein shall be accomphshed as approved by the Spokane County Engineer 8 The County Enguieer ha,s designated Typical Roadway Secuon Number One, muior Aroenal staadard for the unprovement of Montgomery Avenue wluch is adjacent to the propose~d developmenL Tlus will reqwre the a,ddltaon of approxunately 10 -12 feet of asphalt along the frontage of the development The construcaon of curbmg and sidewalk is also requued. 9 Allreqwred unprovements shall conform to the conffent State of Washuigton Standand Specificaaons for Road and Bndge Construction and other apphcable County standards and/or ada►pted resolunons pertmning to Road Standards and Stormwatier Management ui effect at the date of construction, unless otherwise approved by the County Engineer 10 Roadway standftrds, typical roadway sections and drainage plan reqwrements are faund in Spokane Board of County Commissioners Resoluaon No 80-1592 as amended and are apphcable to this proposal. 11 No construction work shall be perfo~med within the existtng ar proposed pubhc nght-of-way until a penmt has been issued by the Couaty Engineer All work witlun the pubhc road ngbt-of-way is subject to inspecaon and approval by the County Enguieer 12 All required construcaon withun the exsting or proposed pubhc nght-of-way is tio be completal pnoz to the release of a builduig pernmt, ar a bond ui an amonnt esamated by the County Enguieer to cover the cost of construction of unpr+ovements shall be filed anth the County Enguieer 13 The County Artcnal Road Plan identifies Montgomery Avenue as a Muior artenaL The existzng nght-of-way vvudth of 60 feet is not consistient Rnth that specified in the Plan. In order to ~lement the Artenal Road Plan, w addiaon to the reqinred nght-of-way dedication, a stnp of property 8 feet in width along the MonWmerY Avenue frontage shall be set aside m reserve Tlus property may be acqurred by ~ HEC Onder foz ZE-12-95 Page 5 Spokaae County at the tirne when artenal unprovements are made to Montgomery Avenue 14 There may exist ualiaes, either underground or overhead, affecang the sub}ect property, mcluding pmperty to be dedicated or set aside for future acqwsition. Spokane County assumes no financial obhgaaon for adjustments or relocaaon regarding the5e utilhhes Apphcaat(s) should check with the apphcable utility purveyor and the Spokane County Englneer to determne whether apphcant(s) or the utility is respanmble for adjustment or relocaaon costs and to make arrangements for any necessary work SPOKANE COUNTY DIVISION OF UTILITIES 1 Any water sarvice for tlus project shall be provided m accondaace vnth the Coordmated Water System Plan for Spokane County, as amended. 2 The owner(s) or sucaessor(s) in mterest agree to authonze the County tio ptace their name(s) on a petition for the fozanauon of ULID by peutaon method pursuant to RCW 36 94, which petiaon uicludes the owner(s)' property, and further not to object by the sigmng of a protest pention agaunst the formation of a ULID by resolution method pursuant tio RCW Chapter 36 94 wluch includes the owner(s)' property PROVIDID, ttus condiaon shall not prolubit the owner(s) or successor(s) from objecang to any assessment(s) on the property as a result of impr►ovements called far ui conjuncaon wnth the foimauon of a ULID by other petiaon or resolution under RCW Chapter 36 94 3 A wet (live) sewer connection to the existtng area wide Pubhc Sewer System is to be constructed. Sewer conaection pennit is reqwred 4 Apphcant shall submit expressly to Spokane county Utthties Depardment "under separate cover", only those plan sheets showuig sewer plans and specifications for Pubhc Sewer, Pnvate Sewer or Dry sewer connections for review and approval by Utihties Deparmnent pnor to issuance of pernut to connect. 5 Secuazty shall be depositel wnth the Utiliaes Department for construcaon of pubhc facilines/double plumbuigfpnvate vonnection/dryluie SPOKANE COUNTY HEALTH DISTRICT 1 Sewage disposal method shall be as authonzed by the Duector of Utilmes, Spokane County 2 Water semce shall be coonduiated through the Duwor of Ualities, Spokane County 3 Water servnce shall be by an emsting pubhc water supply when appmved by the Regional Enguieer (Spokane), State Deparnnent of Health 4 A public sewer system will be made available for the project and individual service will be provided to each lot prior to sale Use of individual on-site sewage disposal systems shall not be authonzed. ~ HEC Order far ZE-12-95 Faga 6 5 Use of pnvate wells aad water systems is prolubited. SPOKANE COUNTY DIVISION OF BUILDINGS 1 The apphcant shall contact the DivYnon of Btnldwgs at the earhest possible stage in order to be uifoimed of code requmements adnninistered/enforced as authonzed by the State Buildung Code Act Design/development concerns include addnemg, fire apparaaus aocess roads, fire hydrant/f low, approved water systems, bwlding aacessibility; oonsnucaon type, occupancy cl~ss~ficat~on, exnting; exterior wall protioction, and energy vode regulations (Note The Division of Bwl(hngs reserves the nght to confum the actual adClress at the am of bwlding pernut) SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1 All air pollution regulaaons must be met. 2 Air polluuon regulanons reqwre that dust emissions dinzng demohtion, construcuon and excavati.on projects be controlled T1us may neqwre use af water spzays, tarps, spruiklers or suspension of acavity durYng certain weather conditions Haul roads should be treatied, and emissions from the transfer of earthen matenal must be controlled, as well as ennssions from all other construcaon-related activiaes 3 SC'APCA strongly recommends that alt traveled surfaces (i e, mgress, egress, parking areas, access roads) be paved and kept clean to muunuze dust emissions 4 Measunes must be taken to avoid the deposiaon of dut and mud from unpaved surfaces onto paved surfaces If tracking or spills occur an paved surfaces, measures must be taken unmechately to clean these surfaves 5 SCAPCA Regulation I, Article, V reqwres that a Nouce of Construcaon and Applicaaon foar Approval be submitted to and appmved by our Agency pnor to the construcaon, uistallation or estabhshment of air polluaon source This mcludes any fuel fred equipment ratiod at greater than 400,000 BTU/hour (boilers, hot water heaters, ovens, etc ) It also includes pmni booths, and other sources of air contamiaants 6 SCAPCA Regulmon I, Aracle IV may reqwre registration anth this agency 7 De1ms generaed as a result of this proJect must be disposed of by means other than burning (i e, construcaon waste, etc ) 8 All sohd fuel burning devices (wood stoves, pellet stoves, etc ) must vomply with local, state, and federal rules and regulations 9 Failare to meet SC'APCA regulanons may result ui delays, closure and civil and/or cnminal sanctions ~ HEC Order for ZE-12-95 Page 7 . SPOKANE COUNTY FIRE PROTECTION DISTRICT 11t0 1 1 Fu-e Apparatus Access The Utufarm fire Code, Secaoa 10, addresses these concerns A 30 ft. timung radius for all turns must be provided. The site plan does not cone close to meeting dus need. Access to the gate is only 15 feet We need an unobstructied ZO feet to access the complex 2 There is some question is if the fire flow requirements can be meL 3 The gated enmes and eants will have to have fire department acoess keys (Knox Boxes on gates) WASHINGTON STATE DEPARTMENT OF TRANSPORTATIUN 1 Washuigton State Depamnent of Transportatwn has detieranned that tlus muu storage will have nrnnimal adverse unpacts to the transportahon system m this area due to the projected tnp generanon. However, other Iarger uses allowed in the Light Indusmal (I-2) would result in adverse impacts to SR-27 It should be notei that the SR 27/I-90 interchange lacks capacity to acvommodate addiaonal traff'ic ia the peak hour, as the mterchange ramps currendy funcaon at Level of Service (I,OS) F, indicung failure at this location We request that those additional I.ight Industnal (I-2) uses be deleted from this land use acaon ~ HEC Order for ZE-12-95 Page 8 ORDER The Heanng Fxaminer Comauttee, pursuaut to the above Finduigs of Fact and Conclusion, APPROVES the appl~catron of Peter and Connie Bascetta for the Zone Reclassific~an from Iaght Industnal (I-2) and Urban Residenaal-3 5(UR-3 5) to I.ight Industnal (I-2) for a self semce storage famlity and those uses allowed m the Iaght Industnal (I 2) zone and APPROVES the landscapmg vanance on the south property luie and DENIES vanance on narth aud east gnoperty luies, as descnbed in the application ZE-12-95/VE-8-95 Motion by Brenda Bod+enstem Seconded by I?onald Moore Vote (3-0) UNANIlViOUS TO APPROVE TTHE 7ANE RECLASSIFICATION AND TO APPROVS AND DENY IN PART THE VARIANCE REQUEST BEARING QONIlVIIITEE h[EREBY ATTEST TO TBE ABOVE FINDINGS, ORDER AND VOTE CHAIR ~ ATI'FST For WALLIS D HUBBARD Planning Dffwtor By t W 0/ PEDERSON SePlanner wall r DATE Ptnsuant to Spokane County regulaaons, suy aggneved party has the nght tio appeal ttus wntten decmon to the Spokane County Board of County Commisswneis within ten (10) calendar days of the sigmng of tlns order Upon roveipt of an appeal, a pubhc heanng will be scheduled. If you desire to file such an appeal, you must submit a wntten appeal, preferably on for= designed far such purpose, tio the Board of County Commissioners, West 1116 Broadway, Spokane, WA 99260, along vnth a$ZIS processuig fee payable to the Spokane County Tieasurer If you have any quesaons, please call the Planning Department at (509) 456-2205 ~ HEC Order for ZE-12-95 Page 9