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1992, 05-21 ZE-14-92 Hearing Examiner Findings of FactSPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS OF FACT, CONCLUSIONS AND ORDER INTRODUCTION This matter has come before the Hearing Examiner Committee on May 21, 1992. The members of the Committee present are Verona Southern, Chairperson, Bud Skadan and Jane Myers. PROPOSAL e ozore Organic/Jesse Wolff, requests approval of a Zone Reclassification, ZE-14-92, fro rban Residential-3.5 (UR-3.5) to Urban Residential-22 (UR-22) within uifer Sensitive Area Overlay zone and a bonus density for sewer hookup of 4.36 units per acre. FINDINGS OF FACT AND CONCLUSIONS 1. The property is generally located in the Spokane Valley, south of and adjacent to Fourth Avenue approximately 250 feet east of Sullivan Road in Section 24, Township 25 North, Range 44 EWM, Spokane County, Washington. The committee adopts the Planning Department Report as a part of this record. 3. The existing land use(s) in the area are high density apartments, neighborhood business and large lot residential. 4. The Comprehensive Plan designates this site as Urban. The Urban category is for the purpose of creating a'city-like' living environment, including residential densities of 1 - 17 units per acre, or 26.36 units per acre for this proposal. 5. The Arterial Road Plan designates 4th Avenue as a Collector Arterial, with a recommended right of way width of 70 feet. To fully implement this plan, the applicant will dedicate 10 feet of right of way and set aside an additional five (5) feet as future acquisition area on 4th Avenue. 6. The existing zoning of the property described in the application is Urban Residential-3.5, previously established in 1991. 7. The provisions of RCW 43.21 C (The State Environmental Policy Act) have been complied with and a Deteiniination of Nonsignificance was issued. 8. The legal requirements for public notice have been fulfilled. 9. The owners of adjacent lands expressed neither approval or disapproval of the proposed use. 10. The proposed use is compatible with existing uses in the area. HEC Order fo. ,P-14 - 2 Page 2 11. The proposed zoning does implement and conform to the Comprehensive Plan. 12. The applicant has also requested a 4.36 unit per acre density above the 22 units per acre allowed in the Urban Residential-22 (UR-22) zone. This request meets the criteria set forth in the Zoning Code for granting up to five (5) additional units per acre, so the request is consistent with the Zoning Code. 13. The applicant has demonstrated that conditions have substantially changed since the original zoning of this area and accordingly, the proposed zone reclassification is justified. 14. The proposed use will not be detrimental to the public health, safety, morals or welfare. 15. The subdivision proposal is generally consistent with RCW 58.17 and the County subdivision regulations, promoting the public health, safety and general welfare in accordance with standards established by the state and Spokane County. 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 East 150 feet of the North 350 feet of the West half of the Northwest quarter except the North twenty (20) feet thereof, in Section 24, Township 25 N., Range 44 E.W.M. 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. 2. The proposal shall comply with the Urban Residential-22 (UR-22) zone as amended with sewer density bonus to allow 29 units on this site. 3. 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 Ordinance, and the original intent of the development plans shall be maintained. 4. Approval is required by the Planning Director/designee of a specific lighting and signing plan for the described property prior to the release of any building penaits. 5. 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 HEC Order fox r-14 L Page 3 installed and maintained so that sight distance at access points is not obscured or impaired. 6. Direct light from any exterior area lighting fixture shall not extend over the property boundary. 7. 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 5 feet of reserved future acquisition area for road right-of-way and utilities, in addition to the existing and/or newly dedicated right-of-way along Fourth Avenue. NO lr.: The County Engineer has required 10 feet of new dedication. 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. 8. 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. HEC Order for LE-14-t Page 4 SPOKANE COUNTY .DIVISION OF ENGINEERING AND ROADS Prior To Issuance Of A Building Permit Or Use Of The Propertv As Proposed: 1. Applicant shall dedicate 10 feet on 4th Avenue for right-of-way. Prior to release of a building permit or use of the property as proposed: 2. Access permits for approaches to the county road system shall be obtained from the Spokane County Engineer. 3. The applicant shall submit for approval by the Spokane County Engineer road, drainage and access plans. 4. 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 portion thereof, if the development is to be phased. 5. 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. 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 One, Local Access standard for the improvement of Fourth Avenue, which is adjacent to the proposed development. This will require the addition of approximately 10-12 feet of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. 8. All required improvements shall conforcu 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 Fourth Avenue. 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. 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. - HEC Order for GE-14-92 Page 5 2, 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 Fourth Avenue as a Collector arterial. The existing right-of-way width of 50 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 5 feet in width along the Fourth Avenue frontage shall be set aside in reserve. This property may be acquired by Spokane County at the time when arterial improvements are made to Fourth Avenue. 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. Applicant shall make connection to public sewer system. Sewer connection permit is required. Plans and specifications are to be reviewed and approved by the Utilities Department. 2. Applicant is required to sign a Developer Connection Agreement. 3. Plans and specifications for the sewer and the 6" tap to be made in the public sewer in 4th Avenue are to be reviewed and approved by the Utilities Department. SPOKANE COUNTY HEALTH DISTRICT 1. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 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 Health. 4. 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 not be authorized. 5. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." r for GE-14-92 Page 6 COUNTY DIVISION OF BUILDINGS ppJicant shall contact the Department of Building >le stage of design/development in order to be informed of code re and Safety at the earliest dstered/enforced by the department, e.g., State Building Code Act 'dons, such as requirements for fire h dranrequirements address assignment, barrier -free regulations,flnergy code regulations and apparatus access roads, '1 coordination with other aspects of project implementation. ements of Fire District No. 1 need to be satisfied during the building Permit HEC Order for GE-14-92 Page 7 ORDER, The Hearing Examiner Committee, pursuant to the above Findings of Fact and Conclusion, APPROVES the application of Joe Organic/Jesse Wolff for the Zone Reclassification as described in the application 7F-14-92. Motion by: Jane Myers Seconded by: Bud Skadan Vote: (3-0) UNANIMOUS TO APPROVE THE ZONE RECLASSIFICATION FROM URBAN RESIDENTIAL-3.5 (UR-3.5) TO URBAN RESIDENTIAL-22 (UR-22) AND SEWER DENSITY BONUS HEARING EXAMINER COMMITTEE HEREBY AI I'EST TO THE ABOVE FINDINGS, ORDER, AND VOTE Al LEST: For WALLIS D. HUBBARD Planning Director B AUL F. JEN Senior Planner 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 fortes 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: