1990, 03-23 Hearing Examiner FindingsSPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS OF FACT. CONCLUSIONS AND ORDER
INTRODUCTION
This matter has come before the Hearing Examiner Committee on March 22, 1990.
The members of the Committee present are Lunell Haught, Chairperson, Verona
Southern and Harry Gibbons.
PROPOSAL
The sponsors, It-Shong and Rita Chane, request approval of a zone reclassification
from Multiple Family Suburban (MFS) and Agricultural Suburban (AS) to
Neighborhood Business (B-1), File No. ZE-4-90, for the purpose of developing
Laundromat and other retail and office uses.
FINDINGS OF FACT AND CONCLUSIONS
1. The property is generally located in the Spokane Valley, on the northeast corner of
University Road and 4th Avenue in Section 21, Township 25 N., Range 44 EWM,
Spokane County, Washington.
2. The committee adopts the Planning Department Report as a part of this record noting
both agreement and disagreement with the report and its recommendations.
3. The existing land uses in the area are the STA transit center, a convalescent home,
apartments, single family residences, a chiropractor's office and vacant land.
4. The Comprehensive Plan designates this site as Urban. The Urban category is
primarily for residential uses.
5. The Arterial Road Plan designates University Road as a Principal Arterial, with a
recommended right of way width of 100 feet. The Arterial Road Plan identifies 4th
Avenue as a Collector Arterial with a recommended right of way width of 70 feet.
The County is presently purchasing land for a project involving this property on both
University Road and 4th Avenue.
6. The existing zoning of the property described in the application is Multiple Family
Suburban, previously established in 1968, and Agricultural Suburban previously
established in 1955. Zoning file ZE-162-73 also dealt with this site, setting forth the
site as RO, IF certain conditions were met (which have yet to be achieved).
7. The provisions of RCW 43.21C (The State Environmental Policy Act) have been
complied with and a Determination of Nonsignificance was issued.
8. The legal requirements for public notice have been fulfilled.
9. The owners of adjacent lands expressed neither approval nor disapproval of the
proposed use and zoning. One written comment supported the use, but the
commentor is not identifiable from the record as an owner of an adjacent land.
10. The proposed use is compatible with existing uses in the area.
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11. The proposed zoning does not implement and conform to the Comprehensive Plan.
But the majority of the Hearing Examiner Committee feels that the Comprehensive
Plan is a policy document which is not binding in all cases.
12. The applicant has demonstrated that conditions have changed since the original zoning
of this area and accordingly, the proposed zone reclassification is justified. The
Hearing Examiner Committee notes the STA Transit Center and arterial improvements
to University Road and 4th Avenue are changed conditions.
13. The proposed use will not be detrimental to the public health, safety, morals or
welfare.
14. The dissenting member of the Hearing Examiner Committee notes that: (a) the use of
the Milwaukee Road right of way as a barrier, as set forth in the Comprehensive Plan
and the Arterial Road Plan, is important to successful area -wide planning; (b) two
Neighborhood Business zoning opportunities exist in the immediate area, as does the
Sprague Avenue business area; and (c) Urban Residential-22 (UR-22) Zoning is the
best option for the site, allowing residential, office and certain other uses.
15. The Committee additionally fmds/concludes:
a. that extenuating circumstances exist which make it difficult to stop business uses
at the Milwaukee Road right of way on this north/south arterial (University
Road), although it should be stopped at areas between such arterials.
b. that the area between 4th and Sprague Avenues along University Road is too
established with uses not compatible with residences and that a future residential
use at the site is unlikely.
c. that the STA Transit Center's presence to the west makes this site more
appropriate for neighborhood business uses rather than for residential uses.
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:
The West 268.36 feet of the South 232.93 feet of Block 173, the Plat of Opportunity,
records of Spokane County, Washington; except the North 20 feet of the West
138.36 feet.
HEARING EXAMINER COMMITTEE
1. Maintain the existing mature trees on the north, east and south as long as is practical
and possible, consistent with efficient development of the site.
2. A revised site plan must be approved by the Planning Department to reflect future
acquisition area on University Road along with required setbacks from this line.
3/22/90 HEC Order for ZE-4-90 Page 3
COUNTY PLANNING DEPARTMENT
1. The Planning Director/designee shall approve a specific exterior lighting plan for the
approved area prior to installation of such lighting. (Such plan shall attempt to
confine illumination to the area with full consideration to adjacent properties).
2. The applicant shall develop subject property generally in accordance within the
concept presented to the Hearing Examiner Committee. Variations, when approved
by the Planning Director/designee, 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.
3. Direct light from any exterior area lighting fixture shall not extend over the property
boundary.
4- All current standards of the Neighborhood Business (B-1) Zone, as amended, shall
be complied with in the development of this site.
5. 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. The present proposal is not detailed enough to determine whether or not the use of or
materials stored on the site are in compliance with Section 14.706 (Aquifer Sensitive
Area Overlay Zone) of the ZONING CODE FOR SPOKANE COUNTY.
Accordingly, as a condition of approval, the sponsor/applicant shall be required to file
with the Spokane County Auditor, within thirty (30) days of the signing of Findings
and Order of the final decision in this matter, a "Notice to the Public" which shall
provide in material as follows:
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT OR CER 1•IFTCATE
OF OCCUPANCY FOR ANY BUILDING OR ANY USE ON THE PROPERTY
DESCRIBED HEREINAF I ER, THE APPLICANT SHALL BE RESPONSIBLE
FOR COMPLYING WITH THE PROVISIONS OF THE ZONING CODE FOR
SPOKANE COUNTY SECTION 14.706 (AQUIFER SENSITIVE AREA
OVERLAY ZONE). THE PROPERTY WHICH IS THE SUBJECT OF THIS
NOTICE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS• ".
7. Spokane County Planning Department record with the County Auditor a "Title
Notice," prepared and signed by the applicant, for a future acquisition area for road
right of way and utilities to run with the land The future acquisition area reservation
shall not be removed without prior approval by the Spokane County Planning
Department. The notice shall be recorded prior to the issuance of a building permit
and shall provide the following:
a. At least 20 feet of future acquisition area for road right of way and utilities, in
addition to the existing right of way, along University Road. The 20 foot area
shall include the approximately 5.5 feet to be acquired for the University Road
project.
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b. Building and other setbacks required by the Spokane County Zoning Code shall
be measured from the future acquisition area reserved for road right of way and
utilities.
c. No required landscaping, parking, '208' areas, drainfield or allowed signs should
be 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 by Spokane County, shall be private
property and may be used as allowed in the zone except any improvements (such
as landscaping, parking, surface drainage, drainfields, 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.
8. 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) and as maybe amended, altered or
supplemented by official action or as already changed. File No. (Planning
Department File Number) is available for inspection and copying in the
Spokane County Planning Department.
COUNTY ENGINEER'S OFFICE
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 and the
Spokane County Health District 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.
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.
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4. 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 the amount
estimated by the County Engineer to cover the cost of construction of improvements
shall be filed with the County Engineer.
5. Spokane County has an approved and funded arterial improvement project on University
Road and 4th Avenue. Additional road right of way will be acquired and improvements
constructed by Spokane County as part of this project.
COUNTY UTILITIES DEPARTMENT
1. Pursuant to the Board of County Commissioners Resolution No. 80-0418, the use of
on -site sewer disposal systems is hereby authorized. This authorization is
conditioned up 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.
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 structure shall be double -plumbed for connection to future areawide collection
systems.
COUNTY HEALTH DISTRICT
1. A combined surface water and sewage disposal detailed plan shall be approved by the
County Engineer and the Spokane County Health District prior to the issuance of any
on -site sewage disposal permit 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 Social & Health Services.
5. Disposal of sewage effluent beneath paved surfaces is currently prohibited.
6. 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.
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7. Use of private wells and water systems is prohibited.
COUNTY BUILDING AND SAFETY DEPARTMENT
I. 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, street address
assignment, barrier -free regulations, energy code regulations, and general
coordination with other aspects of project implementation.
2. Requirements of Fire District No. 1 need to be satisfied during the building permit
process.
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ORDER
The Hearing Examiner Committee, pursuant to the above Findings of Fact and
Conclusion, APPROVES the application of It-Shong and Rita Chane for zone
reclassification as described in the application or as herein modified.
Motion by: Southem Seconded by: Gibbons
Vote: 2 to 1 TO APPROVE TO THE B-1 ZONE
Vote of the Hearing Examiner Committee as follows:
Haught Nay
Southern Aye
Gibbons Aye
HEARING EXAMINER COMMTI FEE
HEREBY A11bST TO THE ABOVE FINDINGS, ORDER, AND VOTE
A11EST:
For WALLIS D. HUBBARD
Planning Director
S HOROBIOWSKI
urrent Planning Administrator
�e
(mo)
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 $100 processing fee payable to the
Spokane County Treasurer.
If you have any questions, please call the Planning Department at 456-2205.
rev 1/90