Loading...
1993, 07-22 Rezone: ZE-18-93 DecisionSPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS OF FACT, CONCLUSIONS AND ORDER INTRODUCTION This matter has come before the Hearing Examiner Committee on July 22, 1993. The members of the Committee present are Verona Southern, Chairperson, Lunell Haught and Jan Reuter. PROPOSAL The sponsor, Daisy Smith, requests approval of a Zone Reclassification, ZE-18-93, from Urban Residential -3.5 (UR -3.5) to Urban Residential -7 (UR -7) within the Aquifer Sensitive Area Overlay Zone (ASA) FINDINGS OF FACT AND CONCLUSIONS 1. The property is generally located approximately 350 feet west of Sullivan Road, north of and adjacent to 4th Avenue, in the northeast 1/4 of Section 23, Township 25 North, Range 44 EWM, Spokane County, Washington. 2. The committee adopts the Planning Department Report as a part of this record. 3. The existing land use in the area is residential. 4. The proposed use is compatible with existing uses in the area. 5. The Comprehensive Plan designates this site as Urban. The Urban category is for the purpose of developing a "city -like" environment, including residential densities between 1 and 17 dwelling units per acre, or 6.45 dwelling units per acre for this proposal. 6. The proposed zoning does implement and conform to the Comprehensive Plan. 7. The Arterial Road Plan designates 4th Avenue as a Collector Arterial with a recommended right of way width of 70 feet. Third Avenue is designated as a Local Access street with a recommended right of way width of 60 feet. 8. The existing zoning of the property described in the application is Urban Residential -3.5 (UR -3.5), previously established as Agricultural (A) zoning in 1942 and reclassified to Urban Residential -3.5 (UR -3.5) on January 1, 1991 pursuant to the Program to Implement the Spokane County Zoning Code. 9. The provisions of RCW 43.21C (The State Environmental Policy Act) have been complied with and a Determination of Nonsignificance was issued. The Committee, after independent review, hereby adopts the DNS. 10. The legal requirements for public notice have been fulfilled. HEC Order for ZE-18-93 Page 2 11. The owners of adjacent lands expressed neither approval nor disapproval of the proposed -use. 12. The applicant has demonstrated that conditions have substantially changed since the original zoning of this area and accordingly, the proposed zone reclassification is justified. 13. The proposed use will not be detrimental to the public health, safety, morals or welfare especially in light of the conditions recommended by the reviewing agencies. 14. The Committee additionally finds/concludes: a. Appropriate provisions for schools and parks will be implemented through the subdivision process. 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. 2. The following Conditions of Approval apply to the real property described below: The west 65 feet of the south 208.72 of the east 417.22 feet of Tract 72, Vera, as per plat recorded in Volume "O" of Plats, page 30, records of Spokane County, Washington. SPOKANE COUNTY PLANNING DEPARTMENT The proposal shall comply with the Urban Residential -7 (UR -7) zone 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. 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 July 22, 1993, imposing a variety of special development conditions. File No. ZE-18-93 is available for inspection and copying in the Spokane County Planning Department. HEC Order for ZE-18-93 Page 3 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 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 Fourth Avenue. 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. 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. Subdivision of the subject property shall comply with the Revised Code of Washington (RCW) 58.17 and the Spokane County Short Plat Ordinance. 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 Fourth Avenue for right-of-way. 3. Applicant shall dedicate 5 feet on Third Avenue for right-of-way. Prior To Issuance Of A Building Permit Or Use Of The P%perty As Proposed: 4. Access permits for approaches to the county road system shall be obtained from the Spokane County Engineer. 5. The applicant shall submit for approval by the Spokane County Engineer drainage and access plans. b. 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 portion thereof, if the development is to be phased. HEC Order for ZE-18-93 Page 4 7. 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. 8. To construct the roadway improvements stated herein, the applicant may, with the approval of the County Engineer, join in and be willing to participate in any petition or resolution which purpose is the formation of a Road Improvement District (RID) for said improvement, pursuant to RCW 36.88, as amended. Spokane County will not participate in the cost of these improvements. This is applicable to Third Avenue and Fourth Avenue. 9. As an alternative method of constructing the road improvements stated herein, the applicant may, with the approval of the County Engineer, accomplish the road improvements stated herein by joining and participating in a County Road Project (CRP) to the extent of the required improvement. Spokane County will not participate in the cost of these improvements. This is applicable to Third Avenue and Fourth Avenue. 10. The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer. 11. The County Engineer has designated Typical Roadway Section Number Two, Collector Arterial standard for the improvement of Fourth Avenue, which is to be constructed within the proposed development. This will require the installation of 10-12 feet of asphalt. The construction of curbing and sidewalk is also required. 12. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of Third Avenue, which is adjacent to the proposed development. This will require the addition of approximately 8-10 feet of asphalt along the frontage of the development. The construction of curbing is also required. 13. 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. 14. Applicant shall construct a paved and delineated approach(es) to meet the existing pavement on Third and Fourth Avenue. 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. 16. 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. HEC Order for ZE-18-93 Page 5 17. Applicant shall sign and record Spokane County Notice to the Public No. 6 which specifies the following: 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 Road Improvement District (RID) by the petition method pursuant to Chapter 36.88 RCW, which petition includes the owner(s) property, and further not to object, by the signing of a ballot, the formation of a RID by the resolution method pursuant to Chapter 36.88 RCW, which resolution includes the owner(s) property. If an RID is formed by either the petition or resolution method, as provided for in Chapter 36.88 RCW, the owner(s) or successor(s) further agree: (a) that the improvement or construction contemplated within the proposed RID is feasible; (b) that the benefits to be derived from the formation of the RID by the property included therein, together with the amount of any County participation, exceeds the cost and expense of formation of the RID; and (c) that the property within the proposed RID is sufficiently developed Provided further that the owner(s) or successor(s) shall retain the right, as authorized under RCW 36.88.090, to object to any assessment on the property as a result of the improvements called for in conjunction with the formation of the RID by either petition or resolution method under Chapter 36.88 RCW. This requirement applies to Third and Fourth Avenue, from which the subject parcel takes access. 18. -The County Arterial Road Plan identifies Fourth Avenue 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 Fourth Avenue frontage shall beset aside in reserve. This property may be acquired by Spokane County at the time when arterial improvements are made to Fourth Avenue. 19. 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: 20. This site has applied for a short plat to divide the lot, this short plat application number is SP -850-93. HEC Order for ZE-18-93 SPOKANE COUNTY DIVISION OF UTILITIES Page 6 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 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 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. 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 dwelling unit shall be double -plumbed for connection to future areawide collection systems. SPOKANE COUNTY HEALTH DISTRICT 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. Subject to speck application approval and issuance of permits by the Health Officer, the use of an individual on-site sewage disposal system may be authorized. 5. Use of private wells and water systems is prohibited. 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. HEC Order for ZE-18-93 Page 7 SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY All air pollution regulations must be met. 2. Air pollution regulations require that dust emissions during demolition, construction, excavation and other activities which can generate dust be controlled. This may require the 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. 3. All traveled surfaces (ie. ingress, egress, parking areas, access roads) should be paved and kept clean. 4. 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, immediate measures must be taken to clean these surfaces. 5. Debris generated as a results from this project must be disposed of by means other than open burning. 6. All solid -fuel -burning devices (wood stoves, pellet stoves, etc...) must comply with local, state and federal regulations. HEC Order for ZE-18-93 Page 8 The Hearing Ecaminer Committee, pursuant to the above Findings of Fact and Conclusion, -APPROVES theapplication of Daisy Smith for the Zone Reclassification as described�n the application ZE-18-93. Motion by: Jan Reuter Seconded by: Lunell Haught Vote: (3-0) UNANIMOUS TO APPROVE THE ZONE RECLASSIFICATION FROM URBAN RESIDENTIAL -3.5 (UR -3.5) TO URBAN RESIDENTIAL -7 (UR -7) HEREBY ATTEST TO THE ABOVE FINDINGS, ORDER, AND VOTE C airrn I A W L JAL . ATTEST: For WALLIS D. HUBBARD Planning Director L-�d� A W. PEDERSON ner :Z 3 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 $200 processing fee payable to the Spokane County Treasurer. If you have any questions, please call the Planning Department at 456-2205.