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1993, 01-29 Findings of Fact, Conclusions and Order. co( (IQ tit slzy a SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS OF FACT. CONCLUSIONS AND ORDER INTRODUCTION This matter has come before the Hearing Examiner Committee on January 28, 1993 which was continued from the January 21, 1993 public hearing. The members of the Committee present are Phil Harris, Chairperson, Bud Skadan and Frank Yuse. PROPOSAL The sponsor, Dean Grafos, requests approval of a, ZE-49-92, Zone Reclassification from Urban Residential-22 (UR-22) and Neighborhood Business (B-1) to Urban Residential-7 (UR-7) within the Aquifer Sensitive Area Overlay zone. FINDINGS OF FACT AND CONCLUSIONS 1. The property is generally located in the Spokane Valley, 100 feet south of 16th Avenue and between Oberlin Road and University Road in the NE 1/4 of Section 29, Township 25 N., Range 44 EWM, Spokane County, Washington. 2. The committee adopts the Planning Department Report as a part of this record. The Planning Department has recommended that the proposed plat/rezone be approved as conditioned. 3. The existing land use(s) in the area are neighborhood businesses to the north, an elementary school to the east, single family residences to the west and south. 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 of 1 to 17 units per acre, or 6.94 units per acre for this proposal. 6. The proposed zoning does implement and conform to the Comprehensive Plan. 7. The Arterial Road Plan designates University Road as a Principal Arterial, with a recommended right of way width of 100 feet. Appropriate provisions have been made to implement this plan. 8. The existing zoning of the property described in the application is Neighborhood Business (B-1) and Urban Residential-22 (UR-22), previously established as Local Business (LB) zoning in 1952 and 1977 respectively and reclassified to Neighborhood Business (B-1) and Urban Residential-22 (UR-22) zoning 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. EEC Order for ZE-49-92 Page 2 10. The legal requirements for public notice have been fulfilled. 11. The owners of adjacent lands expressed approval 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. Specifically, changed conditions include the County Engineer's road plan changing to retain existing street pattems and alignment. 13. The proposed use will/will not be detrimental to the public health, safety, morals or welfare especially in light of the conditions recommended by the reviewing agencies. 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: Lots 3, 6, 7, 8, 9, Block A, except the east 20 feet of Lots 3 and 6, Block A, Chester Hills Addition, Spokane County, Washington. SPOKANE COUNTY PLANNING DEPARTMENT 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. 3. The proposal shall comply with the Urban Residential-7 (UR-7) and Aquifer Sensitive (ASA) Overlay zones as amended. 4. 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. 6. A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Planning Director/designee shall be submitted with a performance bond for the project prior to release of building permits. Landscaping shall be installed and maintained so that sight distance at access points is not obscured or impaired. 7. Direct light from any exterior area lighting fixture shall not extend over the property boundary. NEC Order for ZE-49-92 Page 3 8. 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 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 15 to 20 feet of reserved future acquisition area for road right-of-way and utilities, in addition to the existing right-of-way along University Road. NOTE: The County Engineer has not required new dedication with this proposal. 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. e. The property owner shall be responsible for relocating such "interim" improvements at the time Spokane County makes roadway improvements after acquiring said future acquisition area. 9. 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 [ ], imposing a variety of special development conditions. File No. [ ] is available for inspection and copying in the Spokane County Planning Department. 10. Prior to approval of road and drainage plans, you are required to coordinate with the United States Postal Service to determine type and location of central mail delivery facilities which may include applicable easements for developments of three or more homes. I EC Order for ZE-49-92 Page 4 SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior To Issuance Of A Building Permit Or Use Of The Property As Proposed: 1. Access permits for approaches to the county road system shall be obtained from the Spokane County Engineer. 2. The applicant shall submit for approval by the Spokane County Engineer road, drainage and access plans. 3. 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. 4. 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 Oberlin Road. 5. As an altemative 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 Oberlin Road. 6. The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer. 7. The County Engineer has designated Typical Roadway Section Number Two, Local Access standard for the improvement of Oberlin Road, 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. 8. 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. 9. Applicant shall construct a paved and delineated approach(es) to meet the existing pavement on Oberlin and University Roads. 10. 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. HEC Order for Lb-49-92 Page 5 11. 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. 12. All required construction within the existing or proposed public right-of-way is to be completed prior to the release of a building permit, or a bond in an amount estimated by the County Engineer to cover the cost of construction of improvements shall be filed with the County Engineer. 13. The County Arterial Road Plan identifies University Road as a Principal Arterial. The existing right-of-way width of 70 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 15-20 feet in width along the University Road frontage shall be set aside in reserve. This property may be acquired by Spokane County at the time when arterial improvements are made to University Road. 14. 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. SPOKANE COUNTY DIVISION OF UTILITIES 1. Lots 3, 6, 8, and 9 shall make connection to public sewer system. Sewer connection permit is required. 2. Lot 7 shall be double -plumbed for connection to future areawide collection systems. 3. A sewer connection plan for all lots included in this zone change showing existing sewer stubs in University Road, lot lines and easements shall be submitted to the Utilities Department for review and approval. SPOKANE COUNTY HEALTH DISTRICT 1. A combined surface water and sewage disposal detailed plan shall be approved by the Spokane County Engineer and the Spokane County Health District 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. Water service shall be coordinated through the Director of Utilities, Spokane County. 4. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. HEC Order for ZE-49-92 Page 6 5. Disposal of sewage effluent beneath paved surfaces is currently prohibited. 6. A public sewer system will be made available for the project, and individual service will be provided to each lot prior to sale. Use of individual on -site sewage disposal systems shall be authorized only on Lots 4 & 5 and are subject to specific application approval and issuance of permits by the Health Officer. 7. Use of private wells and water systems is prohibited. SPOKANE COUNTY DIVISION OF BUILDINGS 1. Fire flows are applicable for this proposal. The minimum fire flow and flow duration will be based on a representative dwelling size for all floors not including the basement. The maximum dwelling size needs to be submitted to the Department of Buildings. 2. An approved water supply capable of supplying the required fire flow protection shall be provided before any building permits are issued. The water system shall be installed in accordance with an approved Water System Plan on file with the Department of Buildings. Certification that the installed system complies with the requirements of the plan and is operational shall be submitted to the Department of Buildings prior to permit issuance. 3. The applicant shall contact the Department of Buildings 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 exiting, construction type, occupancy classification, fire hydrant/flow, fire apparatus access roads, accessibility, energy code regulations, and general coordination with other aspects of project implementation. SPOKANE COUNTY FIRE PROTECTION DISTRICT NO. 1 1. Access and required fire protection will be verified at the time of building permit application. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1. All air pollution regulations must be met. This includes but is not limited to the following: 2. Air pollution regulations require that dust emissions during demolition, construction and excavation 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. 3. All traveled surfaces (ingress, egress, parking areas, access roads) must be paved and kept clean. HEC Order for 7.F-49-92 Page 7 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, measures must be taken immediately to clean these surfaces. 5. All debris that results from this project must be disposed of by means other than open burning (ie. construction waste, etc.). 6. All solid fuel burning devices (wood stoves, pellet stoves, etc...) must comply with local, state, and federal rules and regulations. WASHINGTON STATE DEPARTMENT OF ECOLOGY 1. Stormwater must be handled by drainage swales meeting the "208 stormwater drainage requirements," as noted in the checklist. Direct discharge is not acceptable. 2. Disposal of construction debris should be done in such a manner that debris cannot enter the natural stormwater drainage system or cause water quality degradation of state waters. Proper erosion and sediment control practices must be used on the construction site including re -seeding and revegetation. These practices should be implemented as soon as land clearing activities begin. DEC Order for ZE-49-92 Page 8 ORDER The Hearing Examiner Committee, pursuant to the above Findings of Fact and Conclusion, APPROVES the application of Dean Grafos for the Zone Reclassification as described in the application ZE-49-92. Motion by: Yuse Seconded by: Skadan Vote: (3-0) UNANIMOUS TO APPROVE THE ZONE RECLASSIFICATION FROM NEIGHBORHOOD BUSINESS (B-1) TO URBAN RESIDENTIAL-7 (UR-7) ZONING HEARING EXAMINER COMMITTEE HEREBY A 1 I EST TO THE ABOVE FINDINGS, ORDER, AND VO lE C airm Al IEST: For WALLIS D. IIUBBARD Planning Director By PAUL F. JENSEN Senior Planner /-2fl 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 $120 processing fee payable to the Spokane County Treasurer. If you have any questions, please call the Planning Department at 456-2205.