1992, 04-27 Hearing Examiner Findings E _ (3W3 OALLE`fLtcy Pr)
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS OF FACT. CONCLUSIONS AND ORDER
INTRODUCTION
This matter has come before the Hearing Examiner Committee on April 23, 1992.
The members of the Committee present are Frank Yuse, Chairperson, Lunell Haught
and Harry Gibbons.
PROPOSAL
The sponsor,John Paras,requests approval of a Zone Reclassification, ZE-8-92,
from Urban Residential-3.5 (UR-3.5) and Urban Residential-22 (UR-22) to Urban
Residential-22 (UR-22) with density bonus for sewer connection.
FINDINGS OF FACT AND CONCLUSIONS
1. The property is generally located at the northeast corner of Valley Way and McDonald
Road in the SE 1/4 of Section 15, Township 25 N., Range 44 EWM, Spokane
County, Washington.
2. The committee adopts the Planning Department Report as a part of this record.
3. The existing land uses in the area are single family residential, multi-family
residential, Vera Water&Power sub station, and undeveloped.
4. The Comprehensive Plan designates this site as Urban. The Urban category is for the
purpose of a "city like" environment, including residential densities of 1 unit per acre
to 17 units per acre, or 24 units for this proposal.
5. The Arterial Road Plan designates McDonald road as a Minor Arterial, with a
recommended right of way width of 80 feet. The County Engineer has requested a
Future Acquisition Area for an additional 2-3 feet along the property's McDonald
Road frontage
6. The Arterial Road Plan designates Valley Way as a Collector Arterial with a
recommended right of way width of 70 feet. The County Engineer has requested
dedication of an additional five (5)feet and a Future Acquisition Area of five (5)feet.
7. The existing zoning of the property described in the application is Urban Residential-
3.5 (UR-3.5) and Urban Residential-22 (UR-22), previously established in 1991.
8. The provisions of RCW 43.21C (The State Environmental Policy Act) have been
complied with and a Determination of Nonsignificance was issued.
9. The legal requirements for public notice have been fulfilled.
10. The owners of adjacent lands expressed neither approval nor disapproval of the
proposed use.
HEC Order for ZE-8-92 Page 2
11. The proposed use is compatible with existing uses in the area.
12. The proposed zoning does implement and conform to the Comprehensive Plan.
13. The applicant has demonstrated that conditions have substantially changed since the
original zoning of this area and accordingly, the proposed zone reclassification is
justified.
14. The proposed use will not be detrimental to the public health, safety, morals or
welfare.
15. The portion of the site was the subject of a previous Hearing Examiner Committee action,
PE-1642-91, as a plat and rezone for a single family residence and apartments. The
proposal before the Hearing Examiner Committee is substantially different from the
previous application.
16. The Committee additionally fords/concludes:
a. The proposed use will connect to the county-wide sanitary sewer system. The
applicant has requested a density bonus of 2.7 units per acre for the project
which will allow a maximum of 24 apartment units on the site. The increase in
density is not compatible with surrounding uses. While allowed by the Code, a
sewer density bonus is a discretionary decision which should consider existing
conditions in the immediate area. The apartment complex to the north appears
to be at a lower development density then the proposal before the Committee.
Bonus density might result in a price advantage or encourage the neighboring
property owners to request additional density which would cover valuable grass
areas. The density bonus would also impact surrounding single family
residences to the west and south by creating a substantial wall of development
on the site. A density bonus is not appropriate for this site.
b. Denial of the sewer density would not present a hardship to the development of
this site since the owner/applicant is not required to provide area for a septic
drainfield. Therefore, a connection to the count-wide sewer system is already a
bonus.
c. The owner/applicant indicated that the site plan will be modified to comply with
all Code requirements prior to issuance of a building permit which would
include any administrative actions for setback review.
d. The bonus density is not needed as an enticement to development for this
project.
e. The site is served by a public water system.
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.
HEC Order for/.N-8-92 Page 3
2. The following Conditions of Approval apply to the real property described below:
The south 185 feet of tract 119 of Vera except the east 388 feet and except county roads
in Section 15, Township 25 North, Range 45 E.W.M., Spokane County, Washington.
HEARING EXAMINER COMMITTEE
1. Planning Department Condition No. 2 is deleted. A sewer density bonus is not
granted with this zone reclassification request.
SPOKANE COUNTY PLANNING DEPARTMENT
1. The proposal shall comply with the Urban Residential-22(UR-22) zone as
amended.
2. Y. . . • . . . .. . . .. ..
of 24 units on the .97 acre site. (This condition hereby deleted by Hearing
Examiner Committee Condition#1 above).
3. The applicant shall develop subject property generally in accordance within the
concept presented to the Hearing Body. Variations,when approved by the
Planning Director/designee,may 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 Spokane County Zoning
Ordinance, and the original intent of the development plans shall be maintained.
4. The Spokane County Planning Department shall prepare and record with the
County Auditor a Title Notice specifying a future land acquisition area for road
right-of-way and utilities. The reserved future acquisition area Title Notice shall be
released,in full or in part, by the Planning Department. The notice should be
recorded within the same time frame as an appeal and shall provide the following:
a. At least 5 feet of reserved future acquisition area for road right-of-way and
utilities,in addition to the existing and/or newly dedicated right-of-way along
Valley Way. NO1'E: The County Engineer has required 5 feet of new
dedication.
At least 3 feet of reserved future acquisition area for road right-of-way and
utilities,in addition to the existing and/or newly dedicated right-of-way along
McDonald Road.
b. Future building and other setbacks required by the Spokane County Zoning
Code shall be measured from the reserved future acquisition area.
c. No required landscaping, parking, '208' areas, drainfield or allowed signs
should be located within the future acquisition area for road right-of-way and
utilities. If any of the above improvements are made within this area, they
shall be relocated at the applicant's expense when roadway improvements are
made.
HEC Order for ZE-8-92 Page 4
d. The future acquisition area, until acquired, shall be private property and may
be used as allowed in the zone, except that any improvements (such as
landscaping,parking, surface drainage, drainfield, signs or others) shall be
considered interim uses.
5. The 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 public notice of the conditions of approval affecting the
property in question. The Title Notice should be recorded within the same time
frame as allowed for an appeal and shall only be released,in full or in part, by the
Planning Department. 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 Body or
Administrative Official on [ ], imposing a variety of
special development conditions. File No. [ ] is available for
inspection and copying in the Spokane County Planning Department.
6. 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.
7. A specific landscape plan,planting schedule and provisions for maintenance
acceptable to the Planning Director/designee shall be submitted with a performance
bond for the project prior to release of building permits. Landscaping shall be
installed and maintained so that sight distance at access points is not obscured or
impaired.
8. Direct light from any exterior area lighting fixture shall not extend over the property
boundary.
9. The existing residence and accessory structures shall be removed prior to
construction or the site plan shall be modified to include single family residences as
part of the proposal.
10. The landscaping shall comply with all Code standards for required type, amount,
and location along road frontage, within parking areas, and adjacent residential
uses.
SPOKANE COUNTY DIVISION OF ENGINEERING
Prior To Issuance Of A Building Permit Or Use Of The Property As Proposed:
1. Applicant shall dedicate 5 feet feet on Valley Way for right-of-way purposes. This
distance shall equal 30 feet from centerline.
2. Access permits for approaches to the county road system shall be obtained from the
Spokane County Engineer.
3. The applicant shall submit for approval by the Spokane County Engineer road,
drainage and access plans.
HEC Order for ZE-8-92 Page 5
4. 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.
5. The construction of the road improvements stated herein shall be accomplished as
approved by the Spokane County Engineer.
6. The County Engineer has designated Typical Roadway Section Number One,Local
Access standard for the improvement of Valley Way, which is adjacent to the
proposed development. This will require the addition of approximately 10-12 feet
of asphalt along the frontage of the development. The construction of curbing and
sidewalk is also required.
7. 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.
8. Applicant shall construct a paved and delineated approach(es) to meet the existing
pavement on McDonald Road and Valley Way.
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 shall 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 an amount
estimated by the County Engineer to cover the cost of construction of improvements
shall be filed with the County Engineer.
12. The County Arterial Road Plan identifies Valley Way as a Collector arterial. The
existing right-of-way width of 45 feet is not consistent with that specified in the
Plan. In order to implement the Arterial Road Plan,in addition to the required
right-of-way dedication, a strip of property 5 feet in width along the Valley Way
frontage shall be set aside in reserve. This property may be acquired by Spokane
County at the time when arterial improvements are made to Valley Way.
13. The County Arterial Road Plan identifies McDonald Road as a Minor arterial. The
existing right-of-way width of 68 feet is not consistent with that specified in the
Plan. In order to implement the Arterial Road Plan,in addition to the required
right-of-way dedication, a strip of property 2-3 feet in width along the McDonald
Road frontage shall be set aside in reserve. This property may be acquired by
Spokane County at the time when arterial improvements are made to McDonald
Road.
HEC Order for/H-8-92 Page 6 •
14. There may exist utilities,either underground or overhead, affecting the subject
property,including property to be dedicated or set aside for future acquisition.
Spokane County assumes no financial obligation for adjustments or relocation
regarding these utilities. Applicant(s) should check with the applicable utility
purveyor and the Spokane County Engineer to determine whether applicant(s)or
the utility is responsible for adjustment or relocation costs and to make
arrangements for any necessary work.
SPOKANE COUNTY DIVISION OF UTILITIES
1. Applicant shall make connection to public sewer system. Sewer connection permit
is required. Plans and specifications are to be reviewed and approved by the
Utilities Department.
SPOKANE COUNTY HEALTH DISTRICT
1. Sewage disposal method shall be as authorized 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 existing public water supply when approved by the
Regional Engineer(Spokane), State Department of Health.
4. A public sewer system will be made available for the plat/project, and individual
service will be provided. Use of individual on-site sewage disposal systems shall
not be authorized.
SPOKANE COUNTY DIVISION OF BUILDINGS
1. Requirements of Fire District No. 1 need to be satisfied during the building permit
process.
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, construction
and excavation 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.
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.
HEC Order for ZE-8-92 Page 7
4. All debris that results from this project must be disposed of by means other than open
burning.
5. All traveled surfaces (ingress, egress,parking areas, access roads) must be paved
and kept clean.
6. Demolition and renovation projects must comply with the requirements of CNR 40,
Part 61, Subpart M. Intent to Demolish and Renovate forms are available at the
SCAPCA office.
7. All solid fuel burning devices must comply with local, state, and federal regulations.
8. Failure to comply with federal, state, and local air quality regulations may result in the
issuance of penalties.
HEC Order for Zi--8-92 Page 8
ORDER
The Hearing Examiner Committee,pursuant to the above Findings of Fact and
Conclusion,APPROVES the application of John Paras for the Zone Reclassification
as described in the application ZE-8-92 while denying the density bonus for sewer
hookup.
Motion by: Lunell Haught Seconded by: Harry Gibbons
Vote: (3-0) UNANIMOUS TO APPROVE THE ZONE RECLASSIFICATION FROM
URBAN RESIDENTIAL-3.5 (UR-3.5)TO URBAN RESIDENTIAL-22
(UR-22)WITHOUT SEWER DENSITY BONUS.
HEARING EXAMINER COMMITTEE
HEREBY A'1"1'hST TO THE ABOVE FINDINGS, ORDER,AND VOIE
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Chairman
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AITbST:
For WALLIS D. HUBBARD
Planning Director
C 144
PAUL F. JENEN
Senior Planner
Date
Pursuant to County regulations, any aggrieved party has the right to appeal this written
decision to the Spokane County Board of County Commissioners within ten (10) calendar
days of the signing of this order. Upon receipt of an appeal, a public hearing will be
scheduled. If you desire to file such an appeal, you must submit a written appeal,
preferably on forms designed for such purpose, to the Board of County Commissioners,
W. 1116 Broadway, Spokane, WA 99260, along with a$120 processing fee payable to the
Spokane County Treasurer.
If you have any questions,please call the Planning Department at 456-2205.