1985, 07-03 ZE-42-85 County Hearing Examiner Findings & Order . .
ZONE RECLASSIFICATION Na. ZE-42-85
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
A. INTRODUCTION
This matter having come before the Zoning Hearing Examiner Committee on
July 3, 1985, and the members of the Committee present being Ron Odell ,
Chairman, Kathleen M. Carstens and Jerry Williams.
B. PROPOSAL
The sponsor, D. J. Hume, is requesting approval of a zone
reclassification, File No. ZE-42-85, Agricultural Suburban to Residential
Office, for the existing Valley General Hospital , and for the purpose of
developing future Medical Office Buildings and Care Units or Apartments.
C. FINDINGS OF FACT
1 . That the existing land use in the area is Hospital , medical offices,
residential and undeveloped.
2. That the Comprehensive Plan designates this area as appropriate for
Urban development.
3. That the existing zoning of the property described in the application
is Agricultural Suburban.
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-Significance.
5. That the proper legal requirements for advertisement of the Agenda
Item have been fulfilled.
6. That the land 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.
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ZONE RECLASSIFICATION NO. ZE-42-85
C FINDINGS OF FACT (continued)
9. That the owners of adjacent lands expressed neither approval nor
disapproval of the proposed use but did express concern for potential
added traffic and road costs which were adequately addressed by the
County Engineer's conditions.
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.
D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL
(All Conditions imposed by the Zoning Hearing Examiner Committee shall be
binding on the "Applicant" , which term shall include the owner or owners
of the property, heirs, assigns, and successors. )
1 . That the applicant shall develop the subject property in strict
conformance with the site plan presented to the Hearing Examniner
Committee on July 3, 1985. All aspects of the concept and proposal
shall be binding on the development; including the proposed uses.
Variations, to be approved by the Zoning Administrator, shall only be
allowed to meet Ordinance standards and conditions of approval . Any
other modification must be presented to the Hearing Examiner
Committee for review and approval at a public hearing.
a) COUNTY PLANNING DEPARTMENT
1 . That front yard setbacks and landscape requirements of the
Residential Office Zone shall apply on Mission Avenue, Houk
Road, Vercler Road, and Broadway Avenue regardless of building
orientation.
2. 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).
3. 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.
4. The specific development plan will be submitted for Planning
Department review and approval prior to issuance of building
permits.
5. All current standards of the Residential Office Zone, as
amended, shall be complied with in the development of this site.
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A10 110ZONE RECLASSIFICATION NO. ZE-42-85
a) COUNTY PLANNING DEPARTMENT (continued)
6. That the project is subject to Section 4.16A.050, the Aquifer
Sensitive Area Overlay Zone of the Spokane County Zoning
Ordinance, 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 Chapter 4.16A (Aquifer Sensitive Area Overlay
Zone) of the Spokane County Zoning Ordinance. 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 SPOKANE COUNTY ZONING ORDINANCE CHAPTER 4.16A
(AQUIFER SENSITIVE AREA OVERLAY ZONE). THE PROPERTY
WHICH IS THE SUBJECT OF THIS NOTICE IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS' "
8. Landscaping shall be provided for this site, in conformance with
Standards as identified in Section 4.07A.120 Landscaping.
9. Applicant shall comply with '208' recommendations concerning
stormwater runoff and provide necessary landscaping for runoff.
10. 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.
11. That the provisions of SEPA's NOTICE OF ACTION pursuant to
Chapter. 43.21C.080 RCW and the Board of Spokane County
Commissioners Resolution #77-1392 be initiated by the project
applicant within thirty (30) days of final disposition of this
application, and prior to any on-site improvements.
12. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA
Guidelines (WAC 197-10) and the Spokane County Environmental
Ordinance (SCEO), a proposed determination of non-significance
has been issued at least fifteen (15) days prior to this date;
the official file, written comments and/or public testimony
contain information regarding assessment of the proposal 's
likely significant adverse impacts to the physical environment;
a finding is hereby made that no probable significant adverse
impacts upon the physical environment are anticipated as a
result of the project; and a final determination of
non-significance is hereby to be issued.
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ZONE RECLASSIFICATION NO. ZE-42-85
b) COUNTY ENGINEERING DEPARTMENT
Prior To The Issuance Of A Building Permit:
1 . Applicant shall dedicate 10 feet on Boone Avenue for
right-of-way prior to any use of the property.
2. Applicant shall dedicate 30 feet in the alignment of Houk Road
along west property line for right of way prior to any use of
the property. This does not require dedication from Mission
Avenue to Sinto Avenue.
3. Applicant shall dedicate a 20 foot radius on Boone and Vercler
and Boone and Houk Road prior to any use of the property.
4. Applicant shall dedicate 10 feet on Vercler Road for right of
way prior to any use of the property. This dedication
requirement shall be applicable to the easterly ten feet of Lot
38 of the Plat of Opportunity.
5. Access permits for approaches to the County Road System shall be
obtained from the Spokane County Engineer.
6. Applicant shall improve Houk Road in a manner consistent with
Spokane County TYPICAL roadway section No. 1 minimum paving
width Access Standard.
7. Applicant shall improve Boone Avenue in amanner consistent with
Spokane TYPICAL roadway section No. 1 minimum paving width
Access Standard.
8. Applicant shall improve Vercler Road in a manner consistent with
Spokane County TYPICAL roadway section No. 1 minimum paving
width Access Standard.
9. Applicant shall submit for approval by the Spokane County
Engineer road, drainage, and access plans prior to the issuance
of a building permit on the property.
10. 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 prior to the issuance of any
building permit on the property.
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ZONE RECLASSIFICATION NO. ZE-42-85
b) COUNTY ENGINEERING DEPARTMENT (continued)
11 . A parking plan and traffic circulation plan shall be submitted
and approved by the Spokane County Engineer prior to the
issuance of a building permit on the property. 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.
12. The word "applicant" shall include the owner or owners of the
property, his heirs, assigns, and successors.
13. The construction of the road improvements stated herein shall be
accomplished as approved by the Spokane County Engineer.
14. 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.
15. 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 .
c) COUNTY UTILITIES DEPARTMENT
1 . Any water service for this project shall be provided in
accordance with the Coordinated Water "System Plan for Spokane
County, as amended.
2. Public sewers are required. (This property is located within
the North Pines ULID, now under construction. )
d) COUNTY HEALTH DISTRICT
1 . A combined surface water and sewage disposal detailed plan shall
be approved by the Spokane 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. A public sewer system will be made available for the project.
Use of individual on-site sewage systems shall not be
authorized.
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ZONE RECLASSIFICATION NO. ZE-42-85
d) COUNTY HEALTH DISTRICT (continued)
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. Use of private wells and water systems is prohibited.
e) COUNTY BUILDING AND SAFETY DEPARTMENT
1 . The site is located in Fire District # 1 .
2. Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible
and legible from the street or road fronting the property. Said
numbers shall contrast with their background.
3. Due to the sensitive storage requirements over the Aquifer, and
this site lies within the Waste Water Management area, we feel
that some language should address the possible storage of
flammable or critical materialswithin these structures.
4. Trash enclosures shall not be located adjacent to combustible
construction or underneath windows or nonprotected eaves.
5. Building permits will be required for each structure.
6. Fire hydrants which meet the fire flow are required to be
installed prior to any construction. These hydrants shall be
placed so that no portion of the building exterior is more than
175 feet from the hydrant. The bottom of the lowest outlet of
the hydrant shall be no less than 18 inches above grade. A
water plan showing each fire hydrant (specifying the gallons per
minute for each fire hydrant) and meeting the requirements in
Chapter 10.04 of the Uniform Fire Code is required prior to
construction of the water service. All required fire protection
facilities shall be installed and made serviceable prior to and
during the time of construction.
f) WATER PURVEYOR
1 . Water Purveyor is Modern Electric Water Company, and they will
supply the site with adequate water for domestic, fire and
irrigation uses, although satisfactory arrangements have not
been made to service the project.
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ZONE RECLASSIFICATION NO. ZE-42-85
g) COUNTY AIR POLLUTION CONTROL AUTHORITY
1 . 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.
2. 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.
3. All travelled surfaces (ingress, egress, parking areas, access
roads) must be paved and kept clean.
4. 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.
5. All air pollution regulations must be met.
6. Additional Comments: NESAAPs requirements must be met.
(Regarding asbestos. )
E. ORDER
The Hearing Examiner Committee, pursuant to the aforementioned, finds that
the application of D. J. Hume, for a zone reclassification as described in
the application should be APPROVED to the RESIDENTIAL OFFICE ZONE.
Motion by: Williams Seconded by: Carstens
Vote: Williams - Aye
Carstens - Aye
Odell - Aye
Unanimous to APPROVE to the RESIDENTIAL OFFICE ZONE -
( 3 - 0 )
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ZONE RECLASSIFICATION NO. ZE-42-85
E. ORDER (continued)
HEARING EXAMINER COMMITTEE
HER : ' T TO THE ABOVE
NDINGS, ORD:' , AND VOTE
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ATTEST:
For WALLIS D. HUBBARD
Planning Director
difI
.:lb/ E P. O' s:
Zoning Administrator
Date: _/9/44 /fa'c