1987, 02-06 Hearing Examiner Findings, Zone Change-4. 303 y"30 7 U i 'ersi
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ZONE RECLASSIFICATION NO. ZE-57-86
Sonz
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
A. INTRODUCTION
This matter having come before the Zoning Hearing Examiner Committee on
February 5, 1987, and the members of the Committee present being
Jim Schurra, Chairman, Phillip D. Harris and Kathleen M. Carstens.
B. PROPOSAL
The sponsor, Ken Tupper, is requesting approval of a zone
reclassification, Multiple Family Suburban to Urban Residential 12
(UR-12), File No. ZE-57-86, for the purpose of allowing construction of 10
Condominiums. A total of 12 Condominiums is anticipated when the public
sewer becomes available to the site.
C. FINDINGS OF FACT
1. That the existing land use in the area is residential - single
family, apartments, and condominiums - commercial, office,
undeveloped and vacant
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 Multiple Family 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.
ZONE RECLASSIFICATION NO. ZE-57-86
C. FINDINGS OF FACT (continued)
8. That the proposed use is compatible with existing uses in the
area.
9. That no opposing testimony was received from area property owners.
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.
11. The following are additional findings of fact considered by the
Hearing Examiner Committee:
a) That the County Engineer withdrew conditions of approval #7, 8,
9, and 10 in response to objections by the applicant.
b) That the Spokane County Health District added a condition at the
public hearing requiring formation of an on -site sewage
management association.
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.)
HEARING EXAMINER COMMITTEE
1. That the Hearing Examiner Committee, at the recommendation of the
County Engineer, deleted County Engineer's Conditions #7, 8, 9, and
10.
2. That the Hearing Examiner Committee, at the recommendation of the
Spokane County Health District, added the following condition as
Spokane County Health District Condition #8:
"8. An on -site sewage management association shall be created and
approved by the Spokane County Health District prior to any
building and sewage permits being issued."
2
ZONE RECLASSIFICATION NO. ZE-57-86
D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL (continued)
a) COUNTY PLANNING DEPARTMENT
STANDARD:
1. All current standards of the UR-12 Zone, as amended, shall be
complied with in the development of this site.
2. 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.
3. Applicant shall comply with '208' recommendations concerning
stormwater runoff and provide necessary landscaping for runoff.
4. 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.
5. 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, or file
appropriate documents to the effect that the NOTICE OF ACTION is
waived in accordance with Spokane County Commissioners'
Resolution #82-0458 dated May 4, 1982.
b) COUNTY ENGINEERING DEPARTMENT
Prior To The Issuance 0f A Building Permit:
STANDARD:
1. The applicant shall submit for approval by the Spokane County
Engineer 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.
2. 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.
3
ZONE RECLASSIFICATION NO. ZE-57-86
b) COUNTY ENGINEERING DEPARTMENT (continued)
STANDARD (continued)
3. 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.
4. 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.
5. The applicant should be advised that individual driveway access
permits are required prior to the issuance of a building permit.
SPECIAL:
6. Applicant shall dedicate 17 feet on University Road for
right-of-way prior to any use of the property.
7. To construct the road improvements stated herein, the applicant
may, with the approval of the County Engineer, join in and be a
willing participant 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.
8. As an alternative method of constructing the road improvement
stated herein, the applicant may, with the approval of the
County Engineer, accomplish the stated road improvements by
joining and participating in a County Road Project (CRP) to the
extent of the required road improvement. Spokane County will
not participate in the cost of these improvements.
9. The County Engineer has designated Typical Roadway Section
Number One, Major Arterial standard for the improvement of
University Road which is adjacent to the proposed development.
This will require the addition of approximately 14 to 16 feet of
asphalt, curb and sidewalk along the frontage of the
development.
4
ZONE RECLASSIFICATION NO. ZE-57-86
b) COUNTY ENGINEERING DEPARTMENT (continued)
10. Applicant shall sign and record Spokane County Notice to the
Public #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 a 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: (1) that the
improvements or construction contemplated within the proposed
RID is feasible, (2) 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 (3) that the property
within the proposed RID is sufficiently developed. Provided,
further, the owner(s) or successor(s) shall retain the right, as
authorized under RCW 36.88.090, to object to any assessment(s)
on the property as a result of the improvements called for in
conjunction with the formation of a RID by either petition or
resolution method under Chapter 36.88 RCW.
c) COUNTY UTILITIES DEPARTMENT
STANDARD:
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.
5
ZONE RECLASSIFICATION NO. ZE-57-86
c) COUNTY UTILITIES DEPARTMENT (continued)
STANDARD (continued)
3. Any water service for this project shall be provided in
accordance with the Coordinated Water System Plan for Spokane
County, as amended.
4. The project shall be double -plumbed for connection to future
areawide collection systems.
SPECIAL:
5. Connection is to be made to the Valley sewer system as soon as
it is available.
d) COUNTY HEALTH DISTRICT
STANDARD:
1 A combined surface water and sewage disposal detailed plan shall
be approved by the Spokane County Engineer prior to the issuance
of any on -site sewage disposal permit or 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
disposal 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. Use of private wells and water systems is prohibited.
7. Disposal of sewage effluent beneath paved surfaces is currently
prohibited.
e) COUNTY BUILDING AND SAFETY DEPARTMENT
STANDARD:
1. The site is located in Fire District # 1.
2. In accordance with Chapter 6, Title 3 of the Spokane County
Code, minimum fire flows have been established for residential
developments. Basic requirements for lots less than one acre in
size located within the Urban or Suburban land use designation
are as follows:
ZONE RECLASSIFICATION NO. ZE-57-86
e) COUNTY BUILDING AND SAFETY DEPARTMENT (continued)
STANDARD (continued)
1) Minimum Fire Flow: 500 gallons per minute - (30 Minutes)
2) Distance between hydrants shall be no further than 900 feet.
3) No portion of the structures is in excess of 450 feet from
a hydrant.
4) Specific location of hydrants shall be determined by the
fire protection authority within the limits and
restrictions specified by this Title.
5) Existing hydrant(s) meet the minimum requirements for fire
protection for residential development in that hydrant
spacing does not exceed 900 feet and that no portion of any
lot is more than 450 feet from the hydrant.
3. Trash enclosures shall not be located adjacent to combustible
construction or underneath windows or non -protected eaves.
4. 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.
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.
g)
COUNTY AIR POLLUTION CONTROL AUTHORITY
All air pollution regulations must be met. This includes but is not
limited to the following:
STANDARD:
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.
ZONE RECLASSIFICATION NO. ZE-57-86
g) COUNTY AIR POLLUTION CONTROL AUTHORITY (continued)
STANDARD (continued)
3. All travelled surfaces (ingress, egress, parking areas, access
roads) must be paved and kept clean.
4. It has been determined that fireplaces and wood stoves are a
significant source of suspended particulates. The small
particles ([ 10microns) are respirable and can have an adverse
effect upon the health of the public. We strongly urge that if
wood stoves/fireplaces are used, that burning be done as
efficiently as possible. All wood should be seasoned and stored
in a dry place. During periods of poor ventilation or elevated
air pollution levels, we request that use of wood stoves and
fireplaces be discontinued.
5. 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.
E. ORDER
The Zoning Hearing Examiner Committee, pursuant to the aforementioned,
finds that the application of Ken Tupper for a zone reclassification as
described in the application should be APPROVED to the URBAN RESIDENTIAL
12 (UR-12) ZONE.
Motion by: Harris Seconded by: Carstens
Vote:
Harris - Aye
Carstens - Aye
Schurra - Aye
Unanimous to APPROVE to the URBAN RESIDENTIAL 12 (UR-12)
ZONE - (3 - 0)
ATTEST:
For WALLIS D. HUBBARD
Planning Director
Zoning Administrator
Date: FEA 6., /ne7
HEARING EXAMINER COMMITTEE
)HEREBY ATTEST TO THE ABOVE
FINDINGS, ORDER, AND VOTE
Chaivtltan