1989, 04-07 Findings and OrderSPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
A. JNTRODUCTION
This matter having come before the Zoning Hearing Examiner Committee
on April 6, 1989, and the members of the Committee present being John
Skadan, Chairman, Jane Myers and Phillip D. Harris.
B. PROPOSAL
The sponsor, TIM STROMBERGER, is requesting approval of a zone
reclassification, File No. ZE-6-89, AGRICULTURAL to URBAN RESIDENTIAL-
3.5 (UR-3.5) Zone, for the purpose of residential use. Also, for File No. CUE-
2-89, CONDITIONAL USE PERMIT FOR A HOME INDUSTRY, for the purpose of
developing an antique auto restoration in conjunction with residential use.
C. FINDINGS OF FACT
1. That the existing land use in the area is large lot single family
residential, residential manufactured home parks, Spokane River, open
area 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
Agricultural.
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 use 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.
9. That the owners of adjacent lands expressed disapproval of the proposed
use.
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.
g.
C FINDINGS OF FACT ZE-6-89/CUE-2-89
11. The following are additional findings of fact considered by the Hearing
Examiner Committee:
a. It is consistent with, and implements, the Comprehensive Plan;
and
b. The area is scheduled to cross -over to Urban Residential-3.5
(UR-3.5) Zone in 1991.
The requested Conditional Use Permit for the home industry is the
principal issue of the two land use actions. Minimum performance
standards in the Zoning Code are intended to protect adjacent residential
uses, if the Conditional Use Permit is approved. Additional conditions
may be imposed to mitigate identified impacts. The Conditional Use
Permit request should be approved, with all recommended conditions
for the following reasons:
c. The Comprehensive Plan supports approval of home professions
and industries, provided that the adjoining residential areas will
be adequately protected; and
d. The minimum Conditional Use Permit standards and other
recommended conditions serve to meet the three guideline
criteria of the Comprehensive Plan and protect adjacent uses; and
e. The site plan and application indicate an intent to develop and
operate the home industry with minimal impacts to adjacent
residential uses by retaining as much as possible a residential
character; and
f. An auto restoration business (as proposed) is a low intensity land
use that should not generate excessive traffic or activity that
would be disruptive to the area; and
Approval will maintain residential character while allowing the
proposed use to locate adjoining a principal arterial with its
associated traffic volume.
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.)
a) BEARING EXAMINER COMMITTEE
1. Add the following condition:
That the proposed home industry shall not be operated until a final
Certificate of Occupancy is issued for the proposed single family
dwelling and all landscaping, including sight-obscurring fencing,
must be installed prior to use of the home industry.
2. Delete Planning Department Condition #15.
2
D. CONDITIONS OR CONTINGENCIES ZE-6-89/CUE-2-89
b) COUNTY PLANNING DEPARTMENT
Special:
1. The Spokane County 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 official public notice regarding conditions of
approval affecting the property in question. The "Title Notice" shall
be recorded within fifteen (15) days of final disposition of the
approved land use action and shall only be extinguished by the
Spokane County Planning Department. The "Title Notice" shall
generally provide as follows:
The parcel of property legally described as (legal
description and tax parcel number) is the subject of a land
use action, imposing a variety of special development
conditions, by a Spokane County Hearing Body or
Administrative Official on (date). File No. (Planning
Department File Number) is available for inspection and
copying in the Spokane County Planning Department.
Rezone:
2. All current standards of the Urban Residential-3.5 (UR-3.5) Zone, as
amended, shall be complied with in the development of this site.
3. 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.
Conditional Use Permit:
4. The applicant shall develop subject property generally in
accordance within the concept presented to the Hearing Examiner
Committee. Variations when approved by the Zoning Administrator
will be permitted, including, but not limited to the following
changes: Building location, landscape plans, and general allowable
uses of the permitted zone. All variations must conform to
regulations set forth in the ZONING CODE FOR SPOKANE COUNTY. The
original intent of the development plans shall be maintained.
5. That the project is subject to Section 14.706, 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.
6. Applicant shall comply with '208' recommendations concerning
stormwater runoff and provide necessary landscaping for runoff.
3
D. CONDITIONS OR CONTINGENCIES ZE-6-89/CITE; 2-89
b) COUNTY PLANNING DEPARTMENT
7. That the applicant comply with all standards for a home industry in
the Urban Residential-3.5 (UR-3.5) Zone as detailed in Section
14.616.240(4)(a-i) with the exception of sub items "e" and "h" which
are discussed below.
8. Pursuant to Section 14.616.240(4)(e), window or outside display areas
are prohibited.
9. Pursuant to Section 14.616.240(4)(h), parking, traffic, and storage
plans shall be developed as shown on the proposed site plan.
Driveway and off-street parking areas shall conform to design
standards of Section 14.802.080 (parking lot design, surfacing and
marking requirements) of the Spokane County Zoning Code.
10. That all storage (i.e., vehicles, parts) shall be within the shop
building.
11. All work shall be performed within the shop building.
12. That the home industry Conditional Use Permit is for an antique auto
restoration business only and does not include, for example, auto
body repair or painting, wrecking yard, retail/wholesale auto parts
sales, or towing services.
13. That hours of operation shall be limited to 8:00 a.m. to 5:00 p.m.
Monday through Friday.
14. The specific development plan will be submitted for Planning
Department review and approval prior to issuance of building
permits.
15. A 6-foot sight -obscuring fence shall be provided along the west
property line of this proposal to provide a buffer for the existing
residential use located immediately west of the shop building/area.
A comparable substitute to the fencing may be approved by the
Zoning Administrator.
4
D. CONDITIONS OR CONTINGENCIES ZE-6-89/CUE-2-89
c) COUNTY ENGINEERING DEPARTMENT
Prior To The Issuance Of A Building Permit Or Use Of The Property As
Proposed:
Special:
1. The County Engineer has reviewed the application. The concerns
relative to road right of way and roadway improvements are
addressed in the Findings and Order of Short Plat 89-567. Those
conditions of approval are adequate and no new conditions are
necessary.
d) COUNTY UTILITIES DEPARTMENT
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 Owners) 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.
3. Any water service for this project shall be provided in accordance
with the Coordinated Water System Plan for Spokane County, as
amended.
e) COUNTY REALTH DISTRICT
Special:
1. Please reference the Health District's findings and conditions
submitted to the Subdivision Administrator on February 8, 1989, for
Short Plat SP-89-567. The same conditions apply to this zone change
and conditional use permit application.
5
D. CONDITIONS OR CONTINGENCIES ZE-6-89/CUE-2-89
f) COUNTY BUILDING AND SAFETY DEPARTMENT
Standard:
1. The site is located in Fire District #1.
Special:
2. The applicant shall contact the Department of Building and Safety at
the earliest possible stage of design/development in order to be
informed of code requirements administered/enforced by the
department; e.g., State Building Code Act regulations such as
requirements for fire hydrant/flow, fire apparatus access roads,
private road designation/naming, stret address assignment, building
demolition permits and general coordination with other aspects of
project implementation.
g) WATER PURVEYOR
1. Water Purveyor is Consolidated Irrigation District #19 and they will
supply the site with adequate water for domestic, fire and irrigation
uses.
h),$POKANF, 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.
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.
6
D. CONDITIONS OR CONTINGENCIES ZE-6-89/CUE-2-89
h) SPOKANF COUNTY AIR POL.L.LITLON CONTROL, AUTHORITY
Special:
5. SCAPCA Regulation I, Article V requires that a Notice of Construction
and Application for Approval be submitted to and approved by our
Agency prior to the construction, installation or establishment of an
air pollution source (i.e., grinding, sandblasting, paints booth, etc.).
6. SCAPCA Regulation I, Article VI and SCAPCA Regulation II, Article IV
addresses emission standards. All emission standards must be met.
7. Open burning is prohibited.
7
ORDER
ZE-6-89/CUE-2-89
The Zoning Hearing Examiner Committee, pursuant to the aforementioned,
finds that the application of TIM STROMBERGER for a zone reclassification and
conditional use permit as described in the applications should be APPROVED to
the URBAN RESIDENTIAL-3.5 (UR-3.5) Zone.
Motion by: Jane Myers Seconded by: Phillip D. Harris
Vote: (3-0)
UNANIMOUS TO APPROVE TO THE URBAN
RESIDENTIAL-3.5 (UR-3.5) ZONE AND TO APPROVE THE
CONDITIONAL USE PERMIT
ATTEST:
For WALLIS D. HUBBARD
Planning Director
g BS Sit VE HOROBIOWSKI
Zoning Administrator
Date
8
HEARING EXA ' COMMITTEE
HEREBY ATTEST TO THE ABOVE