Loading...
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