1989, 07-21 ZE-25-89 and ZE-84A-85 Hearing Examiner FindingsSPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS OF FACT. CONCLUSIONS AND ORDER
INTRODUCTION
This matter having come before the Hearing Examiner Committee on July 20, 1989,
and the members of the Committee present being Jane Myers, Chairperson, Ron
Odell and John Skadan.
PROPOSAL
The sponsor, WAM Enterprises, requests approval of a zone reclassification and
change of conditions, File No. ZE-25-89 and ZE-84A-85, for the purpose of
reclassifying the zoning from Agricultural (A) to Community Business (B-2) for retail
or office use and a change of conditions for an existing Commercial zone to modify
the approved site plan and conditions of approval.
FINDINGS OF FACT AND CONCLUSIONS
1. The property is generally located on the block bounded by Mission and Sinto
Avenues and Argonne and Marguerite Roads in the northeast 1/4 of Section 18,
Township 25 North, Range 44, E.W.M., Spokane County, Washington.
2. The committee adopts the Planning Department Report as a part of this record
3. The existing land use(s) in the area are single family residential, duplexes, vacant,
and various commercial uses.
4. The Comprehensive Plan designates this site as Major Commercial and Urban.
5. The existing zoning of the property described in the application is Agricultural
previously established in 1947 and Commercial established in 1985.
6. The provisions of RCW 43.21C (The State Environmental Policy Act) have been
complied with and a Determination of Nonsignificance was issued.
7. The proper legal requirements for advertisement and notice have been fulfilled.
8. The owners of adjacent lands expressed both approval and disapproval of the
proposed use.
9. The Committee additionally finds that:
a. Access to Sinto Avenue from the zone change parcel (Lot 10, Block 1 of
Scaramore Subdivision) will not have a detrimental impact upon adjoining
property owners since the number of vehicles using said access is limited by
square footage of proposed structure, existing lot size, off street parking
spaces, and landscaping requirements of the Spokane County Zoning Code;
b. No adjoining lots or ownership shall access Sinto Avenue through the subject
property; and
HEC Order for ZE-25-89 and ZE-84A-85 Page 2
c. If the adjoining business development from the primary postion of the former
zone change expands to include the zone change parcel (Lot 10, Block 1,
Scaramore Subdivision), or the applicant aggregates this parcel with adjoining
ownership, access to Sinto Avenue should cease from this lot; determination of
expansion or aggregation should be administratively reviewed by the Planning
Department.
10. The Committee concludes:
a. The proposed use is compatible with existing uses in the area.
b. The proposed zoning does implement and conform to the Comprehensive Plan.
c. The applicant has demonstrated that conditions have substantially changed since
the original zoning of this area and accordingly, the proposed zone
reclassification and change of conditions is justified.
d. The proposal does not result in spot zoning.
e. The proposed as conditioned, use will not be detrimental to the public health,
safety or general welfare.
CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL
1. All Conditions imposed by the Hearing Examiner Committee shall be binding on the
"Applicant", which term shall include the owner or owners of the property, heirs,
assigns, and successors -in -interest.
HEARING EXAMINER COMMITTEE
The Hearing Examiner Committee amended Planning Department condition #2 to read
as follows:
1. The applicant shall submit a revised site plan (for Lot 10 Block 1, Scaramore
Subdivision) which illustrates prevention of flow through traffic on the east and north
property lines of said lot; site plan to be administratively reviewed by the Planning
Department.
COUNTY PLANNING DEPARTMENT
1. The action of this Committee applies to the following properties:
Change of Conditions applies to:
Lots 1-5, Blk 1, Hutchinson's Addition, as recorded iin Volume Q, Page 4 of Plats;
and Lots 1-8, Scaramore Subdivision, as recorded in Plat Book 2, Page 59, records
of Spokane County, Washington and together with vacated Maxwell Avenue.
Zone Reclassification applies to:
Lot 10, Blk 1 of Scaramore Subdivision Spokane County, Washington.
HEC Order for ZE-25-89 and ZE-84A-85 Page 3
2. Delete Planning Department Conditions #4 and #13 of the Hearing Examiner
Committee's Findings and Order dated March 6, 1986.
3. No access from the B-2 zone change (subject of this rezone) site (Lot 10, Blk 1 of
Scaramore Subdivision) to Sinto Avenue shall be allowed.(Amended by
Hearing Examiner Committee).
4. No detached signs shall be allowed within the front yard area of Lot 10, Bik
Scaramore Subdivision. Detached signs for this lot shall be orientated toward the
shopping center located to the north.
5. Approval is required by the Planning Director/designee of a specific lighting and
signing plan for the described property prior to the release of any building permits.
6. The regulations of the National Flood Insurance Program shall be observed since
the proposed plat is affected by a Flood Hazard Zone. A development permit shall
be obtained from the County Engineer before construction or development begins
within any area of special flood hazard (reference Spokane County Ordinance No.
81-0726).
7. The applicant shall develop subject property generally in accordance within the
concept presented to the Hearing Examiner Committee. Variations, when approved
by the Planning Director/designee, will be permitted, including, but not limited to
building location, landscape plans, and general allowable uses of the permitted
zone. All variations must conform to regulations set forth in the ZONING CODE
FOR SPOKANE COUNTY. The original intent of the development plans shall be
maintained.
8. The specific development plan will be submitted for Planning Department review
and approval prior to issuance of building permits.
9. All current standards of the B-2 zone, as amended, shall be complied with in the
development of this site.
10. The project is subject to Section 14.706, the Aquifer Sensitive Area Overlay Zone
of the ZONING CODE FOR SPOKANE COUNTY, which sets forth various
measures for Aquifer protection; specifically, measures dealing with wastewater
disposal, spill protection measures, and stormwater runoff.
11. The present proposal is not detailed enough to determine whether or not the use of
or materials stored on the site are in compliance with Section 14.706 (Aquifer
Sensitive Area Overlay Zone) of the ZONING CODE FOR SPOKANE COUNTY.
Accordingly, as a condition of approval, the sponsor/applicant shall be required to
file with the Spokane County Auditor, within thirty (30) days of the signing of
Findings and Order of the final decision in this matter, a "Notice to the Public"
which shall provide in material as follows:
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT OR CERTIFICATE
OF OCCUPANCY FOR ANY BUILDING OR ANY USE ON THE PROPERTY
DESCRIBED HEREINAFTER, THE APPLICANT SHALL BE RESPONSIBLE
FOR COMPLYING WITH THE PROVISIONS OF THE ZONING CODE FOR
SPOKANE COUNTY SECTION 14.706 (AQUIFER SENSITIVE AREA
HEC Order for ZE-25-89 and ZE-84A-85 Page 4
OVERLAY ZONE). THE PROPERTY WHICH IS THE SUBJECT OF THIS
NOTICE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS- ".
12. Applicant shall comply with 208' recommendations concerning stormwater runoff
and provide necessary landscaping for runoff.
13. Any division of land for the purpose of sale, lease or transfer, shall comply with
RCW 58.17 and the Spokane County Platting Ordinances prior to issuance of
building permits.
14. The Spokane County Planning Department 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 a land
use action. This "Title Notice" shall serve as official public notice regarding
conditions of approval affecting the property in question. The "Title Notice" shall
be recorded within fifteen (15) days of fmal disposition of the approved land use
action and shall only be extinguished by the Spokane County Planning Department.
The "Title Notice" shall generally provide as follows:
The parcel of property legally described as (legal description and tax parcel
number) is the subject of a land use action, imposing a variety of
special development conditions, by a Spokane County Hearing Body
or Administrative Official on (date) and as maybe amended, altered or
supplemented by official action or as already changed. File No. (Planning
Department File Number) is available for inspection and copying in the
Spokane County Planning Department.
COUNTY ENGINEERING DEPARTMENT
Prior To The Issuance Of A Building Permit Or Use Of The Property As Proposed:
1. Applicant shall dedicate 5' feet on Sinto for right-of-way.
2. Access permits for approaches to the County Road System shall be obtained from
the County Engineering Department.
3. Applicant shall submit for approval by the Spokane County Engineering
Department road, drainage and access plans.
4. The applicant shall submit for approval by the Spokane County Engineering
Department and the Spokane County Health District a detailed, combined on-site
sewage system plan and surface water disposal plan for the entire project or portion
thereof if the development is phased.
5. A parking plan and traffic circulation plan shall be submitted and approved by the
Spokane County Engineering Department. The design, location and arrangement of
parking stalls shall be in accordance with standard engineering practices. Paving or
surfacing as approved by the County Engineering Department will be required for
any portion of the project which is to be occupied or traveled by vehicles.
HEC Order for ZE-25-89 and ZE-84A-85 Page 5
6. The construction of the roadway improvements stated herein shall be accomplished
as approved by the Spokane County Engineering Department.
7. The County Engineering Department has designated Typical Roadway Section
Number One, Access Street Standard for the improvement of Sinto Avenue which
is to be constructed within the proposed development. This will require the
installation of 10 to 14 feet of asphalt. Curbing and sidewalk must also be
constructed.
8. All required improvements shall conform to the current State of Washington
Standard Specifications for Road and Bridge construction and other applicable
County standards and/or adopted resolutions pertaining to Road Standards and
Stormwater Management in effect at the date of construction, unless otherwise
approved by the County Engineering Department.
9. Roadway standards, typical roadway sections and drainage plan requirements are
found in Spokane Board of County Commissioners Resolution 80-1592 as
amended and are applicable to this proposal.
10. No construction work is to be performed within the existing or proposed right-of-
way until a permit has been issued by the County Engineering Department. All
work within the public road right-of-way is subject to inspection and approval by
the County Engineering Department.
11. All required construction within the existing or proposed public right-of-way is to
be completed prior to the release of a building permit or a bond in an amount
estimated by the County Engineering Department to cover the cost of construction
or improvements shall be filed with the County Engineering Department.
COUNTY UTILITIES DEPARTMENT
1. Pursuant to the Board of County Commissioners Resolution No. 80-0418, the use
of on-site sewer disposal systems is hereby authorized. This authorization is
conditioned on compliance with all rules and regulations of the Spokane County
Health District and is further conditioned and subject to specific application
approval and issuance of permits by the Health Officer.
2. The owner(s) or successor(s) in interest agree to authorize the County to place their
name(s) on a petition for the formation of a ULID by petition method pursuant to
RCW 36.94, which petition includes the owner's property and further not to object
by the signing of a protest petition against the formation of a ULID by resolution
method pursuant to RCW Chapter 36.94 which includes the owner's property.
PROVIDED, this condition shall not prohibit the owner's or Successor(s) from
objection to any assessment(s) on the property as a result of improvements called
for in conjunction with the formation of a ULID by either petition or resolution
method under RCW Chapter 36.94. (NOTE: No ULID statement is known to be
filled out/filed for the zone change property.)
3. Any water service for this project shall be provided in accordance with the
Coordinated Water System Plan for Spokane County, as amended.
HEC Order for ZE-25-89 and ZE-84A-85 Page 6
4. Each new structure shall be double -plumbed for connection to future area -wide
collection systems.
COUNTY HEALTH DISTRICT
1. A combined surface water and sewage disposal detailed plan shall be approved by
the County Engineer and the Spokane County Health District prior to the issuance
of any building permit for this project.
2. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
3. Water service shall be coordinated through the Director of Utilities, Spokane
County.
4. Water service shall be by an existing public water supply when approved by the
Regional Engineer (Spokane), State Department of Social & Health Services.
5. Disposal of sewage effluent beneath paved surfaces is currently prohibited.
6. Subject to specific application approval and issuance of permits by the health
officer, the use of an individual on-site sewage disposal system may be authorized.
7. Use of private wells and water systems is prohibited.
COUNTY BUILDING AND SAFETY DEPARTMENT
1. The applicant shall contact the Department of Building and Safety at the earliest
possible stage of design/development in order to be informed of Code requirements
administered/enforced by the department, e.g., State Building Code Act regulations
such as requirements for fire hydrant/flow, fire apparatus access roads, street
address assignment, barrier -free regulations, energy code regulations, and general
coordination with other aspects of project implementation.
WATER PURVEYOR
1. Water Purveyor is Hutchinson Irrigation District and they will supply the site with
adequate water for domestic, fire and irrigation uses.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. All air pollution regulations must be met. This includes but is not limited to the
following:
2. Air pollution regulations require that dust emissions during demolition, excavation
and construction projects be controlled. This may require use of water sprays, tarps,
sprinklers, or suspension of activity during certain weather conditions. Haul roads
should be treated and emissions from the transfer of earthen material must be
controlled as well as emissions from all other construction related activities.
HEC Order for ZE-25-89 and ZE-84A-85 Page 7
3. Measures must be taken to avoid the deposition of dirt and mud from unpaved
surfaces onto paved surfaces. If tracking or spills occur on paved surfaces, measures
must be taken immediately to clean these surfaces.
4. All traveled surfaces (ingress, egress, parking areas, access roads) must be paved and
kept clean.
5. Some objectionable odors will likely result during the construction phase of the
project and from motor vehicles using the site following completion of the project and
from occupants of the proposed project.
6. SCAPCA Regulation I, Article V requires that a Notice of Construction and
Application for Approval be submitted to and approved by our Agency prior to the
construction, installation or establishment of an air pollution source ie. heating units
greater than 400,000 BTU/hr.
7. SCAPCA Regulation I, Article VI and SCAPCA Regulation II, Article IV addresses
emission standards. All emission standards must be met.
8. Demolition and renovation projects must comply with the requirements of CFR 40
Part 61, Subpart M. Intent to Demolish and Renovate forms are available at the
SCAPCA office.
9. No open burning is permitted.
HEC Order for ZE-25-89 and ZE-84A-85 Page 8
The application of ZE-25-89 and ZE-84A-85 for zone reclassification and change of
conditions as described in the application is APPROVED
Motion by: John Skadan Seconded by: Ron Odell
Vote: (3-0) UNANIMOUS TO APPROVE
HEARING EXAMINER COMMITTEE
HEREBY ATTEST TO THE ABOVE FINDINGS, ORDER, AND VOTE
ATTEST:
For WALLIS D. HUBBARD
Planning Director
By Thomas G. M
Senior Planner
Date 7/2-1/19