1993, 12-14 Spokane Co Findings of Fact c
NO. 93 1544
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MA'I hR OF ZONE RECLASSIFICATION ) FINDINGS OF
FILE NO. ZE-28-93; FROM URBAN RESIDENTIAL-3.5 ) FACT,
(UR-3.5)TO COMMUNITY BUSINESS (B-2) ) DECISION AND
CONDITIONS
SPONSOR: ROMAX ASSOCIATES
THIS MATTER, being the consideration by the Board of County Commissioners
of Spokane County, hereinafter referred to as the "Board", of an appeal of the Spokane
County Hearing Examiner Committee decision of August 23, 1993 denying Zone
Reclassification File No. /1,-28-93, for the purpose of rezoning approximately 1.1 acres of
land to facilitate development of certain commercial uses,including a restaurant and retail
sales, hereinafter referred to as the "Proposal"; and the Board of County Commissioners
having held a de novo public hearing on October 26, 1993, and having fully considered all
testimony presented thereat, and the public record files for the proposal; and further having
individually visited or being familiar with the site and vicinity in question and having
rendered an oral decision on the 2nd day of November, 1993 approving said proposal with
modifications,does hereby enter the following:
FINDINGS OF FACT
1. The proposed rezone is for a parcel of land located on the south side of Valley Way,
approximately 250 feet east of Sullivan Road, in the SW 1/4 of Section 13,
Township 25 North, Range 44 EWM, Spokane County, Washington.
2. The proposal consists of a zone reclassification request for a portion of a proposed
development site from Urban Residential-3.5 (UR-3.5) to Community Business
(B-2) to allow development of the site for a restaurant and retail sales and those
uses permitted in the Community Business (B-2) zone.
3. The Hearing Examiner Committee held a public hearing on August 19, 1993
subsequent to which by the Findings of Fact, Conclusion and Decision dated
August 23, 1993 the Committee denied the proposal.
4. The applicant appealed the Hearing Examiner Committee's decision in writing to the
Board on August 31, 1993. The appeal contested the findings entered by the
Hearing Examiner Committee and contended that the proposal was consistent with
the Comprehensive Plan and adjacent land uses.
5. The legal requirements for public notice have been fulfilled.
6. At the public hearing, the applicant testified that the proposal was consistent with
the land uses in the area and with the Comprehensive Plan.
7. At the public hearing an owner of adjacent property expressed opposition to the
proposal, indicating a concern over increased traffic along Valley Way,
inconsistency of the proposal with residential uses in the area, and the destruction
of existing single family dwellings on the subject property and adjacent property
owned by the applicant.
8. The Board adopts the public record files of the Planning Department and the Board
for ZE-28-93 as part of this record.
9. The Board takes notice of provisions of the Spokane County Generalized
Comprehensive Plan, the Spokane County Zoning Code and the Spokane County
Code.
10. The Comprehensive Plan designates the area encompassed by the proposal as
Urban.
BOCC FINDINGS ZE-28-93 Page 2
11. The Hearing Examiner Committee's decision comprises only a recommendation to
the Board on the rezone proposal. The oral testimony submitted to the Hearing
Examiner Committee was not considered by the Board as part of the record.
12. The original zoning of the property described in the proposal was Agricultural (A)
adopted in 1942 under the Spokane County Zoning Ordinance. The site was
redesignated to Urban Residential-3.5 (UR-3.5) under the Spokane County Zoning
Code,pursuant to the Program to Implement the Spokane County Zoning Code.
13. The County Arterial Road Plan designates Valley Way as a Collector Arterial with a
recommended right of way width of 70 feet. The project has been conditioned to
dedicate right-of-way and set aside adequate right of way for future acquisition.
14. The existing land uses in this area include single family residences and commercial
uses, including a newly developed Fred Meyer store and Smith's Home
Furnishings.
15. The proposal site and adjacent property included in the development project
presently have three (3) vacant single family dwelling units on-site.
16. Spokane County presently has a lack of affordable housing.
17. To help preserve affordable residential housing in the community, the Board finds it
reasonable to condition the proposal to require the applicant to provide salvage
opportunities to the public for the three(3)existing single family dwellings on the
development project site.
18. A Utility Local Improvement District(ULID)is currently being circulated for
installation of public sewer along Sullivan Road, to be installed in 1994 when
Sullivan Road will be widened between Sprague Avenue and Mission Avenue as
part of a County Road Project (CRP).
19. The applicant testified that he is willing to participate in a ULID for public sewer
service to the site. The provision for public sewer is already a recommended
condition of approval by the County Health District and the County Division of
Utilities.
20. The Board finds it reasonable to condition the proposal to require the applicant to
agree to include the subject property in the ULID petition and proposed ULID.
21. The site plan of record submitted by the applicant includes 1.64 acres of property
owned by the applicant within the Community Business (B-2) zone, located west of
and adjacent to the proposal at the southeast corner of Sullivan Road and Valley
Way.
22. A County Road Project (CRP) is underway along Sullivan Road, a major
north/south arterial, which is located approximately 250 feet west of the proposal.
23. The County Road Project(CRP), as proposed, will require the acquisition of 75
feet from centerline easterly,or approximately 45 feet of the property east of and
adjacent to the existing Sullivan Road right-of-way.
24. The acquisition of right-of-way along Sullivan Road will adversely affect the
development potential of the existing Community Business (B-2) zoned property
west of and adjacent to the subject property.
25. To implement the site plan as proposed, additional Community Business (B-2)
zoning is needed for the proposal.
26. The provisions of RCW 43.21C (The State Environmental Policy Act) have been
complied with and a Determination of Nonsignificance was issued. The Board
concurs with the Determination of Nonsignificance.
27. The applicant has demonstrated that conditions have substantially changed in the
area since the original zoning of the site. Specifically,changed conditions include
the designation of Valley Way as an arterial, the County Road Project(CRP) along
Sullivan Road, the availability of public sewer in the near future, and recent
commercial development in the area.
•
BOCC FINDINGS 71--28-93 Page 3
28. The applicant has demonstrated that the proposed rezone bears a substantial relation
to the public health, safety, and general welfare.
29. The proposal will not have a significant adverse impact upon the public health,
safety,and general welfare especially in light of the conditions adopted in
conjunction with the approval.
DECISION
The Board does hereby approve the appeal and thereby approves the zone reclassification
request from Urban Residential-3.5 (UR-3.5) to Community Business (B-2) subject to the
following additional conditions.
1. The applicant shall salvage the three existing houses to the maximum extent
feasible. The public shall have a period of thirty (30)days to have access to the site
for salvage opportunity.
2. The owner of the proposed development site shall agree to have the 6 parcels (2.74
acres)involved included within the Utility Local Improvement District(ULID)
currently being circulated for the purpose of the installation of a public sewer along
Sullivan Road, north of Sprague Avenue.
IN REFERENCE TO THE ATTACHED FINDINGS AND ORDER,THE BOARD OF
COUNTY COMMISSIONERS ADOPTS THE FOLLOWING CONDITIONS OF
APPROVAL ATTACHED HERETO:
SPOKANE COUNTY PLANNING DEPARTMENT
1. The proposal shall comply with the Community Business (B-2) and Aquifer
Sensitive Area(ASA)Overlay zones as amended.
2. 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
Code, and the original intent of the development plans shall be maintained.
3. 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.
4. 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.
5. 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
only 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 NOTE: The County Engineer has required 10 feet of new
dedication.
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.
BOCC FINDINGS ZE-28-93 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.
6. 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 August 19, 1993, imposing a variety of
special development conditions. File No. ZE-28-93 is available for
inspection and copying in the Spokane County Planning Department.
7. Prior to the issuance of building permits, the applicant shall demonstrate to the
satisfaction of the Spokane County Planning Department that the existing structures
have been removed from the site.
SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS
1. Prior to issuance of a building permit or at the request of the County Engineer in
conjunction with a County Road Project/Road Improvement District, whichever action
comes first:
2. Applicant shall dedicate 10 feet on Valley Way for right-of-way purposes beginning
at the east property line and continuing to Sullivan Road.
Prior To Issuance Of A Building Permit Or Use Of The Property As Proposed:
3. Access permits for approaches to the county road system shall be obtained from the
Spokane County Engineer.
4. The applicant shall submit for approval by the Spokane County Engineer road,
drainage and access plans.
5. 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.
6. The construction of the road improvements stated herein shall be accomplished as
approved by the Spokane County Engineer.
7. The County Engineer has designated Typical Roadway Section Number Two,
Collector Arterial 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 and extending to Sullivan
Road. The construction of curbing and sidewalk is also required.
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. 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
BOCC FINDINGS ZE-28-93 Page 5
estimated by the County Engineer to cover the cost of construction of improvements
shall be filed with the County Engineer.
11. 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 is
subject to inspection and approval by the County Engineer.
12. The County Arterial Road Plan identifies Valley Way as a Collector Arterial. The
existing right-of-way width of 40 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. 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.
Special Condition:
14. A County Road Project is currently underway for Sullivan Road. Spokane County will
be acquiring 75 feet from centerline of Sullivan Road to construct the proposed project.
The right of way plan was formally adopted by the County Engineer as per the Spokane
County Road Standards. This will effect the site plan as submitted for this rezone,
alterations will need to be done to the site plan at the time of building permit to reflect
this acquisition by Spokane County on that portion of the site plan that is outside this
rezone request.
SPOKANE COUNTY DIVISION OF UTILITIES
1. 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 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 objecting 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.
2. Any water service for this project shall be provided in accordance with the
Coordinated Water System Plan for Spokane County, as amended.
3. 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 project. Use of individual on-
site sewage disposal systems shall not be authorized."
5. Use of private wells and water systems is prohibited.
BOCC FINDINGS %[--28-93 Page 6
SPOKANE COUNTY DIVISION OF BUILDINGS
1. The applicant shall contact the Division of Buildings 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: Fire apparatus
access roads; fire hydrant/flow; approved water systems; building accessibility;
construction type; occupancy classification; exiting; exterior wall protection; and
energy code regulations.
BY THE ORDER OF THE BOARD THIS ! DAY OF DECEMBER, 1993.
BOARD OF COUNTY COMMISSIONERS
Patricia A. M `, , Chair
Ste !sson
0.E. Chilberg
Vote of the Board of Spokane County Commissioners as follows:
Commissioner Patricia A. Mummey - Aye to approve the rezone
Commissioner Steven Hasson - Aye to approve the rezone
Commissioner D.E. Chilberg - Aye to approve the rezone
A 11 EST:
WILLIAM DONAHUE
Clerk of th oard
By: AilL,�. ///� = i i, / i
Rosan e on ague,De•uty Cler
OFFICIAL NOTICE FOR DATE AND PLACE FOR COMMENCING AN APPEAL
NOTE: Pursuant to WAC 197-11-680(5),notice is hereby given by the Board of
County Commissioners in conjunction with the approval of the above-
referenced matter that:
(1) Pursuant to Section 14.402.180 of the Spokane County Code, the time
limit for commencing an appeal of the approval of the above-referenced
matter is thirty (30) calendar days from the Board of County
Commissioner's execution of the above Findings of Fact, Decision and
Conditions.
(2) The time frame for appealing any SEPA issues with respect to the
approval of the above-referenced matter is thirty (30) days after the
BOCC FINDINGS ZE-28-93 Page 7
execution of the above Findings of Fact, Decision and Conditions.A
notice of intent to raise SEPA issues by judicial appeal is required and
must be filed with Wallis D. Hubbard, Director of Planning West 1026
Broadway, Spokane,WA 99260, within thirty (30) calendar days after
execution of the above Findings of Fact, Decision and Conditions.
(3) The appeal of either the approval of the above-referenced matter or any
SEPA issues must be filed in the Spokane County Superior Court or a
court of competent jurisdiction as provided by law.
93 154j
NO.
BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR SPOKANE COUNTY
IN THE MAITER OF FILING THE FINAL PLAT )
OF LIESL SUBDIVISION; PE-1668-92 WITH )
EXISTING URBAN RESIDENTIAL-3.5 (UR-3.5) ) RESOLUTION
ZONING AND WITHIN THE AQUIFER )
SENSITIVE AREA(ASA) OVERLAY ZONE, )
IN SECTION 15, TOWNSHIP 25 N, )
RANGE 44 E.W.M., SPOKANE COUNTY, )
WASHINGTON )
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE
COUNTY, WASHINGTON, that the Final Plat of Liesl Subdivision being that portion of Section
15, Township 25 N, Range 44 E.W.M., Spokane County, Washington described as follows:
The south half of Block 40 of OPPORTUNITY, as per plat thereof recorded in Volume "K"of
Plats, Page 20; EXCEPT the West 175 feet of the South 138 feet; AND EXCEPT the East 263
feet; AND EXCEPT the South 75 feet of the East 455 feet; AND EXCEPT any portion lying
within any public street,road or highway;
AND INCLUDING the South 135 feet of the North half of Block 40, in OPPORTUNITY, as per
plat recorded thereof in Volume "K" of Plats,Pages 20,22 and 23; EXCEPT the West 25 feet
thereof; AND EXCEPT the East 325 feet thereof; Situate in the County of Spokane, State of
Washington.
UPON THE RECOMMENDATION of the Spokane County Planning Department, the final plat is
approved with the exception that the public rights of way dedicated in this plat will not be
established for maintenance purposes until the County Engineer has certified that the roads have
been improved to County standards and approved by a separate resolution of the Board of County
Commissioners.
ADDITIONALLY, until the final plat document is filed in the Spokane County Auditor's Office,
this subdivision has only preliminary plat status and is subject to expiration and null and void
status if not periodically granted an extension of time consistent with the policies and procedures
of the Planning Department.
PASSED BY THE BOARD THIS / 1 DAY OF DECEMBER, 1993.
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
-i , 1 .. „ _. - / / -//... .4.I, ,__
Patricia A. M ey, Chair ,Al - /
Aar i
0 ff:- en Has t
4-ii,,,,<.‘........
Diie" ilberg
ATTEST: I. .• M E.DONAHUE
er •f the Board
,f ,,
By: - . :///! .‘-,- _tel/! .46(..
:,osanne Montague,D-put _ 40