1989, 05-25 ZE-49-88 Hearing Examiner FindingsC: (ez
svfN
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
ZE-49-88, Zone reclassification from Agricultrual to Regional Business (B-3).
A. JNTRODUCTION
This matter having come before the Hearing Examiner Committee on May
25, 1989, and the members of the Committee present being Jane Meyers as
Chairperson, Phil Harris and Verona Southern.
B. PROPOSAL
The sponsor, WAM Ente
reclassification, File
(B-3) for the purpos
C. FINDINGS OF FACT
requesting approval of a zone
, from Agricultural to Regional Business
veloping general retail type business.
1. That the existing land use in the area is single family residential, vacant
and future commercial center.
2. That the Comprehensive Plan designates this area as appropriate for
Major Commercial and Urban type development.
3. That the existing zoning of the property described in the application is
Agricutlrua1.
4. That the provisions of RCW 43.21C (The State Environmental Policy Act)
have been complied with, and the Committee concurs with the
Determination of Non -S ignificance.
5. That the proper legal requirements for advertisement of the Agenda
Item have been fulfilled.
6. That the land use in this area is suitable for the proposed use, or uses
within the proposed Zone Classification.
7. That the applicant has demonstrated that conditions have substantially
changed since the original zoning of this area and accordingly, the
proposed rezone is justified.
8. That the proposed use is compatible with existing uses in the area.
9. That the owners of adjacent lands expressed disapproval of the proposed
use.
10. The Hearing Examiner Committee finds the proposed use to be in
harmony with the general purpose and will not be otherwise
detrimental to the public health, safety, and welfare.
5-89 HEC Findings for ZE-49-88 Page 2
11. The following are additional findings of fact considered by the Hearing
Examiner Committee:
a) The access to the site from Sinto Avenue can relieve intcrior traffic
safety concerns and generally is required by the Fire District for
adequate fire protection.
b) The window displays along Sinto Avenue will add to the visual
appearance of this project coupled with the landscaping required.
c) That the Committee is concerned with leaving one house on this 8 -
acre Commercial Center but feels that the applicant will work with
the owner to resolve these concerns with buffering or other
alternatives.
d) The proposal is for the 3 houses to be removed and zoned B-3; future
potential actions on the remaining 2 houses are not before the
Committee.
D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL
B -TEARING EXAMINER COMMITTEE CONDITIONS
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.
2. That a 3' ft. high masonary solid decorative fence shall be provided within the
landscaped areas along Sinto Avenue.
3. Modify Planning Department Condition #2 to read as follows: That a 12' ft.
decorative site obscuring masonry wall, meeting front yard setbacks along
Marguerite, shall be provided along the south property line of the site located to the
north, (ZE-84-85). Said decorative masonry wall may be waived by the Planning
Director for that portion of the site if the remaining single family residences at the
Northeast corner of Sinto and Marguerite are rezoned to a non-residential zone.
COUNTY PLANNING DEPARTMENT CONDITIONS
Special:
1. That the driveway access on Sinto Avenue shall be located such that it lies between
the residential units along Sinto thereby reducing headlight glare into those homes.
2. (Modified by Hearing Examiner Committee Condition #3) That a 12' ft. decorative
masonry wall be provided along the south property line of the site located to the
north, (ZE-84-85). Said decorative masonry wall may be waived by the Planning
Director if the 2 remaining single family reidences at the Northeast corner of Sinto
Avenue and Marguerite Avenue are rezoned to a non-residential zone.
5-89 HEC Findings for ZE-49-88 Page 3
Standard:
3. The Zoning Administrator shall approve a specific exterior lighting plan for the
approved area prior to installation of such lighting. (Such plan shall attempt to
confine illumination to the area with full consideration to adjacent properties).
4. 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 final 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). File No.
(Planning Department File Number) is available for inspection and
copying in the Spokane County Planning Department.
5. All current standards of the B-3 Zone, as amended, shall be complied with in the
development of this site.
6. That the project is subject to Section 7.06, 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.
7. That 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 7.06 (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 fmal 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 CER'IiFICATE
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 7.06 (AQUIFER SENSITIVE AREA OVERLAY
ZONE). THE PROPERTY WHICH IS THE SUBJECT OF THIS NOTICE IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS. ".
8. Applicant shall comply with '208' recommendations concerning stormwater runoff
and provide necessary landscaping for runoff.
5-89 HEC Findings for ZE-49-88 Page 4
9. 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.
10. Approval by the Zoning Administrator of a specific lighting and signing plan for the
described property prior to the release of any building permits.
11. A specific landscape plan, planting schedule and provisions for maintenance
acceptable to the Spokane County Zoning Administrator shall be submitted with a
performance bond for the project prior to release of building permits. Landscaping
shall be installed and maintained such that sight distance at access points is not
obscured or impaired.
12. The applicant shall develop subject property generally in accordance within the
concept presented to the Hearing Examiner Committee. Variations when approved by
the Zoning Administrator will be permitted, including, but not limited to the following
changes: 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.
13. Direct light from any exterior area lighting fixture shall not extend over the property
boundary.
COUNTY ENGINEERING DEPARTMENT CONDITIONS
Prior To The Issuance Of A Building Permit Or Use Of The Property As Proposed:
Special:
1. Applicant shall dedicate 5' feet on Sinto Avenue for right of way.
2. The County Engineer has designated Typical Roadway Section Number One, Access
Street Standard for the improvement of Sinto Avenue which is adjacent to the
proposed development. This will require the addition of approximately 10' to 14' ft.
of asphalt along the frontage of the development. curbing and sidewalk must also be
constructed.
Standard:
3. Access permits for approaches to the County Road System shall be obtained from the
Spokane County Engineer.
4. Applicant shall submit for approval by the Spokane County Engineer road, drainage,
and access plans.
5. The applicant shall submit for approval by the Spokane County Engineer and the
Spokane County Health District a detailed combined on-site sewage system plan and
surface water disposal plan for the entire project or any portion thereof, if the
development is to be phased.
5-89 HEC Findings for ZE-49-88 Page 5
6. A parking plan and traffic circulation plan shall be submitted and approved by the
Spokane County Engineer. The design, location, and arrangement of parking stalls
shall be in accordance with standard traffic engineering practices. Paving or
surfacing as approved by the County Engineer, will be required for any portion of the
project which is to be occupied or traveled by vehicles.
7. The construction of the road improvements stated herein shall be accomplished as
approved by the Spokane County Engineer.
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 Engineer.
9. Roadway standards, typical roadway sections and drainage plan requirements are
found in Spokane Board of County Commissioners' Resolution No. 80-1592 as
amended and are applicable to this proposal.
10. No construction work is to be performed within the existing or proposed public right
of way until a permit has been issued by the County Engineer. All work within the
public road right of way is subject to inspection and approval by the County
Engineer.
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 the amount estimated
by the County Engineer to cover the cost of construction of improvements shall be
filed with the County Engineer.
COUNTY HEALTH DISTRICT CONDITIONS
1. A combined surface water and sewage disposal detailed plan shall be approved by the
County Engineer and the 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. Subject to specific application approval and issuance of permits by the Health Officer,
the use of an individual on-site sewage system may be authorized.
4. Water service shall be coordinated through the Director of Utilities, Spokane County.
5. Water service shall be by an existing public water supply when approved by the
Regional Engineer (Spokane), State Department of Social and Health Services.
6. Disposal of sewage effluent beneath paved surfaces is currently prohibited.
5-89 HEC Findings for ZE-49-88 Page 6
COUNTY UJTILITIES DEPARTMENT CONDITIONS
1. Pursuant to 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 District.
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 the 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.
3. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
4. Each (new) structure shall be double -plumbed for connection to future areawide
collection systems.
COUNTY BUJILDING AND SAFETY DEPARTMENT CONDITIONS
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, private road
designation/naming, street address assignment, building/demolition permits and
general coordination with other aspects of project implementation.
WATER PURVEYOR CONDITIONS
1. Water Purveyor is Hutchinson Irrigation District and they will supply the
site with adequate water for domestic, fire and irrigation uses. Adequate
agreements need to be made.
5-89 HEC Findings for ZE-49-88 Page 7
ORDER
The Hearing Examiner Committee, pursuant to the aforementioned, finds that
the application of ZE-49-88 for a zone reclassification as described in the
application should be APPROVED to the Regional Business (B-3) Zone.
Motion by: Verona Southern Seconded by: Phil Harris
Vote: (2-1) TO APPROVE TO THE B-3 ZONE.
NEARING EXAMINER CO 1 TTEE
HEREBY ATTEST TO THE ABOVE
FINDINGS, ORDER, AND VOTE
ATTEST:
For WALLIS D. HUBBARD
Planning Director
By ' VE H • ROBIOWSKI
Current Planning Administrator
/l?" i ? s i1t f
Date