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1987, 05-27 Permit CUE-12-87 Findings, Conclusions, DecisionZONING ADJUSTOR SPOKANE COUNTY, 'WASHINGTON IN THE MATTER OF A CONDITIONAL USE PERMIT ) FOR AN OFF-STREET PARKING LOT. ) FINDINGS, CONCLUSIONS BARTON OLDSMOBILE (CUE-12-87);) AND DECISION SUMMARY OF APPLICATION: The applicants wish to expand their business activity on their present site on Sprague Avenue. This will result in a loss of some off-street parking spaces. The applicants propose, therefore, to establish an off-street parking lot for employee parking and the off-loading of new vehicles to the north of their property, across Riverside Avenue. Section 4.04.170 a. of the Spokane County Zoning Ordinance requires issuance of a conditional use permit for an off-street parking facility. Authority to consider and grant such a request exists pursuant to Sections 4.24.010 and 4.24.310 of the Spokane County Zoning Ordinance. LOCATION: The property is located in the Spokane Valley, south of and adjacent to Main Avenue, east of University Road in the SW 1/4 of Sect_oiri , Eownship 25, Range 44. The Assessor's parcel numbers are 16543-0507, -0508 and'--0509. The address for this property is approximately E. 10819 Riverside Avenue.-` DECISION OF THE ZONING ADJUSTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROVES the conditional use permit as identified on the site plan marked approved as of May 21, 1987. This recognizes, but does not mandate that the project would be built in three (3) phases. The first phase being built in the very near future, the second phase probably being built in about five (5) years and the third phase being built between five (5) and eight (8) years from now. Landscaping and drainage would also be phased out. The project is conditioned as set forth below. PUBLIC HEARING: After examining all available information on file with the application and visiting the subject property and surrounding area, the Zoning Adjustor conducted a public hearing on May 19, 1987, rendered a verbal decision on May 19, 1987 and a written decision on May 27, 1987. FINDINGS OF FACT 1. The proposal is generally located in the Spokane Valley, south of and adjacent to Main Avenue, north of and adjacent to Riverside Avenue, approximately 500 feet east of University Road in the SW 1/4 of Section 16, Township 25, Range 44 and is further described as Assessor's parcel numbers 16543-0507, -0503 and -0509, being more completely described in Zoning Adjustor File CUE-12-87. 2. The proposal consists of three phases. Ultimately, the project would establish about 52,000 square feet of hard surface parking area on three (3) parcels of land. The most western parcel has a dwelling unit on it and the most northern parcel has a dwelling unit on it. The first phase of the element would occur on the southeasterly parcel of land, allowing the'two dwelling units to remain. In approximately five (5) years the dwelling unit on the western parcel would be removed and the second phase parking lot FINDINGS, CONCLUSIONS AND DECISION PAGE 2 CUE-12-87; Barton Oldsmobile built. Sometime during the next three years, it was estimated that the more northern dwelling unit would be removed and the parking lot expanded to that area. The parking lot would be surrounded by a sight-obscurring six (6) foot fence on the westerly and easterly sides of the lot. Landscaping would occur inside the fence area and in the front yards of the two streets, Main and Riverside Avenues. These landscaped areas would also contain the required 208 drainage. The setbacks being used are 25 foot front yards. The right-of-way is being dedicated in the form of Riverside Avenue, and none additional right- of-way is being dedicated on the Main Avenue (north) side. Refer to the approved site -plan signed and dated May 21, 1987. 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as Major Commercial and the proposal is consistent with the County's entire Comprehensive Plan, including the Future Land Use Plan. 4. The site is zoned Agricultural Suburban which would allow the proposed use upon approval of this application. 5. The existing land uses in the area of the proposal include commercial and residential, all of which are compatible with the proposal. 6. The proposed parking lot is directly across the street from the property to be served by the off-street parking. No commercial enterprises of any kind are proposed or shall be established on the property. 7. No signs other than directional signs not to exceed four (4) square feet are anticipated. 3. A traffic and development plan for the property has yet to be submitted, unless the County Engineering Department waives that requirement in lieu of documents already submitted and reviewed. 9. The subject property has frontage on Riverside Avenue and Main Avenue. Main Avenue is an 18 feet to 20 feet wide bituminous surface roadway. Riverside Avenue is a narrow gravel road which extends eastward from University Road and connects to Gillis Road. It may become necessary to improve both of these roadways at a later date if it can be shown that there is an increase in traffic that so warrants improvements in the roads. 10. Pursuant to the State Environmental Policy Act the environmental checklist and other data has been reviewed and the project has been found to not have any probable significant adverse impacts to the physical environment. A Determination of Nonsignificance (DNS) was issued on May 12, 1987 and sent to five (5) agencies of jurisdiction. The agencies reviewing the checklist neither indicated that a more detailed environmental review should be provided nor commented that the DNS should be reconsidered. Comments regarding environmental matters were/were not made at the public hearing. There was not sufficient evidence presented pursuant to WAC 197-11-340 (3) (a) to withdraw the DNS. 11. The applicant has been made aware of the recommendations of various County/State agencies reviewing this project and has indicated he can comply with those recommendations. 12. The proposed site plan indicates that setbacks, parking, height cf the structure(s) will conform to the Spokane County Zoning Ordinance. 13. No one appeared to oppose the proposal nor were any written comments adver3e to the proposal received. 14. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 15. Any conclusion hereinafter stated which may be deemed a finding herein is hereby adopted as such. From the Findings, the Zoning Adjustor comes to these: FINDINGS, CONCLUSIONS AND DECISION PAGE 3 CUE-12-37; Barton Oldsmobile CONCLUSIONS 1. The proposal is listed in the Spokane County Zoning Ordinance as a conditional use allowed in the Agricultural Suburban zone and the proposal does meet the established and applicable criteria described for that conditional use. 2. Various performance standards and criteria are additionally needed to make the use compatible with other permitted activities in the same vicinity and zone and to ensure against imposing excessive demands upon public utilities and these shall be addressed as conditions of approval. 3. The proposal will not be detrimental to the Comprehensive Plan or the surrounding properties. 4. The Zoning Adjustor may require such conditions of approval as necessary and appropriate to make the project most compatible with the public interest and general welfare. 5. It is appropriate to establish a mechanism for the property owners participation in future road improvements in the area to the extent that this business expansion results in additional traffic. 5. Any finding hereinbefore stated which may be deemed a conclusion herein is adopted as such. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal. The following CONDITIONS OF APPROVAL ARE STIPULATED. CONDITIONS OF APPROVAL I. GENERAL 1. The following conditions shall apply to the applicant, owner and successors in interest. 2. Failure to comply with any of the conditions of approval contained in this decision, except as may be relieved by the Zoning Adjustor, shall constitute a violation of the Zoning Ordinance and be subject to such enforcement actions as are appropriate. II. PLANNING DEPARTMENT 1. The parking lot, including fencing, shall be constructed in substantial conformance to the approved site plan on file in Zoning Adjustor file #CUE-12-87. Either the Zoning Adjustor or the Zoning Administrator is authorized to make minor modifications to that approved site plan. 2. If exterior lighting is to be used (although it is specified that none is intended to be used) such lighting shall be approved by the Zoning Administrator or the Zoning Adjustor and meet the general criteria of down -lighting which is not visible from off -site except in very close proximity to the property line. 3. The project shall be phased as shown on the site plan as phases I, phases II and phase III. Phases II & III shall not be constructed until at least June 1, 1991. Landscaping is to be installed with each phase as it is built. 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. FINDINGS, CONCLUSIONS AND DECISION PAGE 4 CUE-12-87; Barton Oldsmobile 4. If the Zoning Adjustor believes there are extenuating circumstances associated with the renewal of the permit, he may cause there to be a public hearing and reconsideration of the permit; the expense shall be that of the county's if such reconsideration takes place. III. DEPARTMENT OF BUILDING & SAFETY 1. Should the existing building(s) be demolished, a demolition permit shall be obtained from the Department of Building and Safety and demolition work shall comply with the following provisions: a) Remove all floors, foundations, footings, basement and retaining walls to a minimum of eighteen inches (13") below grade, or as otherwise required. b) Fill excavations and other cavities with non-combustible, inorganic material smaller than eight inches and cover with dirt or gravel so that broken concrete is not left exposed. c) Remove all sewage from existing cavities and fill with earth, sand, gravel or other approved material. d) Fill wells with gravel and rocks no larger than eight inches or install a concrete cap (lined wells only) of sufficient size and weight that it cannot easily be removed. e) Grade site so that surface is smooth and properly sloped for required drainage. Grading shall conform to existing neighboring grades on all sides. f) During demolition, water shall be used to control and reduce dust and it's impact on neighboring properties. g) The site shall be left clean and in a safe condition. h) When demolition has been completed, the department shall be contacted, pursuant to Section 305 of the Uniform Building Code, to inspect the site to ascertain compliance with this Chapter. IV. UTILITIES DEPARTMENT 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 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. V. HEALTH DISTRICT 1. Sewage disposal 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 Social and Health Services. FINDINGS, CONCLUSIONS AND DECISION PAGE 5 CUE-12-87; Barton Oldsmobile 4. Water service need not be coordinated through the Director of Utilities, Spokane County. 5. Subject to specific application approval and issuance of permits by the Health Officer, the use of an individual on -site sewage system may be authorized. 6. If any critical materials are to be utilized on -site, the owner(s), heirs and assigns of the property shall meet the requirements of the Aquifer Sensitive Overlay Zone Ordinance and any critical waste materials generated shall be regulated by the Department of Ecology. VI. ENGINEERING DEPARTMENT 1. Prior to the use of the property as applicant shall: a. Deed to Spokane County 50 feet Avenue. This is in effect the b. Deed to Spokane County 10 feet of Main Avenue. proposed for phase I parking lot, the of right-of-way along Riverside entire (graveled) right-of-way. of right-of-way along the south side c. The applicant shall sign Spokane County Notice to the Public #6 for both Main Avenue and Riverside Avenue. (This provides that the applicant, owners, heirs, grantees and assigns agree to join in and not oppose or protest the formation of a road improvement district or county road project created for the purpose of improving either Main or Riverside Avenues. This document will be prepared and recorded by the Spokane County Engineering Department. The applicant must notify the Engineering Department of the time schedule for the proposed project in order for the document to be prepared in a timely manner.) d. A drainage plan for the proposed parking and vehicle transfer lot must be submitted to the County Engineer for review and approval. This may be waived if the County Engineer feels that existing documents on file satisfy this requirement. e. The applicant must obtain approach permits from the Spokane County Engineering Department for new driveway approaches to the County road system. NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS CAN BE RELEASED PRIOR TO THE LAPSE OF THE (10) DAY APPEAL PERIOD. HOWEVER, THE COUNTY HAS NO LIABILITY FOR EXPENSES AND INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL. *1 DATED THIS .41 DAY OF MAY, 1987. FILED: 1) 2) 3) 4) 5) 6) 7) Thomas G. Mos Zoning Adjus Washington AICP pokane County Applicant Parties of Record Spokane County Engineering Department Spokane County Health District Spokane County Utilities Dept. Spokane County Dept. of Building & Safety Planning Dept. Cross Reference File and/or Electronic File. FINDINGS, CONCLUSIONS AND DECISION PAGE 6 CUE-12-87; Barton Oldsmobile NOTE: ONLY THE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN APPEAL WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. APPEAL MUST BE ACCOMPANIED BY A $100.00 FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING DEPARTMENT, BROADWAY CENTRE BUILDING, N. 721 JEFFERSON ST., SPOKANE, WA 99260. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance). 0005z/5-37