ZE-111-84ZUNE RECLASSIFICATION NO.: ZE-111-84
SPUKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS ANU ORDER
A. INTRUUUCTION
This matter having come before the Zoning Hearing Examiner Committee on
April 4, 1985, and the members of the Committee present being
Kathleen M. Carstens, Chairperson, Jerry Williams and Ron Udell.
B. PROPOSAL
The sponsor, T. D. Partnership, is requesting approval of a zone
reclassification, File No. ZE-111-84, Agricultural and Local Business to
Restricted Industrial, for the purpose of developing Retail and Industrial
Uses - (No Site Plan).
C. FINDINGS OF FACT
1. That the existing land use in the area is manufactured home
subdivision, residential, commercial, mining and vacant.
2. That the Comprehensive Plan designates this area as appropriate for
Industrial development.
That the existing zoning of the property described in the application
is Agricultural and Local Business.
4. That the provisions of RCW 43.21C (The State Environmental Policy
Act) have been complied with, and the Committee concurs with the
Declaration of Non -Significance.
5. That the proper legal requirements for advertisement of the Agenda
Item have been fulfilled.
6. That the land 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.
b. That the proposed use is compatible with existing uses in the
area.
9. That the owners of adjacent lands expressed neither approval nor
disapproval of the proposed use.
1U. 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.
(Page #2 omitted intentionally.)
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ZONE RECLASSIFICATION NO. ZE-111-84
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) COUNTY PLANNING DEPARTMENT
1. The Zoning Administrator 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. A specific landscape plan, planting schedule and provisions for
maintenance acceptable to the Spokane County Zoning
Administrator shall be submitted with a performance bond for the
project prior to release of building permits. Landscaping shall
be installed and maintained such that sight distance at access
points is not obscured or impaired.
3. The specific development plan will be submitted for Planning
Department review and approval prior to issuance of building
permits.
4. All current standards of the Restricted Industrial Zone, as
amended, shall be complied with in the development of this
site.
5. That 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 Chapter 4.16A (Aquifer Sensitive Area Overlay
Zone) of the Spokane County Zoning Ordinance. Accordingly, as a
condition of approval, the sponsor/applicant shall be required
to file with the Spokane County Auditor, within thirty (3U) 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 TU THE ISSUANCE OF ANY BUILDING PERMIT OR
CERTIFICATE UF OCCUPANCY FOR ANY BUILDING OR ANY USE
ON THE PROPERTY UESCRIBEU HEREINAFTER, THE APPLICANT
SHALL BE RESPONSIBLE FUR COMPLYING WITH THE PROVISIONS
UF SPUKANE COUNTY ZONING ORUINANCE CHAPTER 4.16A
(AQUIFER SENSITIVE AREA OVERLAY ZONE). THE PROPERTY
WHICH IS THE SUBJECT OF THIS NOTICE IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS• "
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ZONE RECLASSIFICATION NO. ZE-1184
a) COUNTY PLANNING DEPARTMENT (continued)
b. Signs for this project shall conform to standards as set forth
in Section 4.09.125 Signs.
7. 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.
8. That the provisions of SEPA's NOTICE OF ACTION pursuant to
Chapter 43.21C.080 RCW and the Board of Spokane County
Commissioners' Resolution #77-1392 be initiated by the project
applicant within thirty (30) days of final disposition of this
application, and prior to any on -site improvements.
9. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA
Guidelines (WAC 197-1U) and the Spokane County Environmental
Ordinance (SCEO), a proposed declaration of non -significance has
been issued at least fifteen (lb) days prior to this date; the
official file, written comments and/or public testimony contain
information regarding assessment of the proposal's likely
significant adverse impacts to the physical environment; a
finding is hereby made that no probable significant adverse
impacts upon the physical environ ment are anticipated as a
result of the project; and a final declaration of
non -significance is hereby to be issued.
b) COUNTY ENGINEERING DEPARTMENT
1. Applicant shall dedicate 5 feet on Park Road and a 30 foot
radius on Park Road and Broadway Avenue for right-of-way prior
to any use of the property.
2. Access permits for approaches to the County Road System shall be
obtained from the Spokane County Engineer.
3. Applicant shall improve Park Road in a manner consistent with
Spokane County TYPICAL roadway section No. 1 minimum paving
width Major Arterial Standard.
4. Other specific improvements: It should be noted that the
construction of roadway improvements along Park Road may require
that the traffic signal equipment at that intersection be
relocated. This will be the responsibility of the applicant and
be accomplished solely at the applicant's expense.
5. Applicant shall submit for approval by the Spokane County
Engineer road, drainage, and access plans prior to the issuance
of a building permit on the property.
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4IP •
ZONE RECLASSIFICATION NU. ZE-111-84
b) COUNTY ENUINEERIN(i DEPARTMENT (continued)
6. 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 prior to the issuance of any
building permit on the property.
7. A parking plan and traffic circulation plan shall be submitted
and approved by the Spokane County Engineer prior to the
issuance of a building permit on the property. 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.
8. The word "applicant" shall include the owner or owners of the
property, his heirs, assigns, and successors.
9. The construction of the road improvements stated herein shall be
accomplished as approved by the Spokane County Engineer.
1U. 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.
11. Roadway standards, typical roadway sections and drainage plan
requirements are found in Spokane Board of County
Commissioners'Resolution No. 8U-1592 as amended.
c) 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.
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ZONE RECLASSIFICATION NO. ZE-1111-84
c) COUNTY UTILITIES DEPARTMENT (continued)
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 ULIU 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 ULIU 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
ULIU 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. Each unit shall be double -plumbed for connection to future
areawide collection systems.
d) COUNTY HEALTH DISTRICT
1. A combined surface water and sewage disposal detailed plan shall
be approved by the County Engineer and the health District prior
to the issuance of any building permit for this project.
2. Sewage disposal method shall be as authorized by the Director of
Utilities, Spokane County.
3. Subject to specific application approval and issuance of permits
by the health Ufficer, the use of an on -site sewage disposal
system may be authorized.
4. Water service shall be coordinated through the Director of
Utilities, Spokane County.
b. Water service shall be by an existing public water supply when
approved by the Regional Engineer (Spokane), State Department of
Social and health Services.
6. Use of private wells and water systems is prohibited.
7. Disposal of sewage effluent beneath paved surfaces is currently
prohibited.
6
e)
ZONE RECLASSIFICATION NU. ZE-111-84
COUNTY BUILDING AND SAFETY DEPARTMENT
1. The site is located in Fire District # 1.
2. Fire hydrants which meet the fire flow are required to be
installed prior to any construction.
3. A plan for emergency equipment access is required to be
submitted prior to any land development.
4. A land use permit will be required for each structure.
5. Trash enclosures shall not be located adjacent to combustible
construction or underneath windows or nonprotected eaves.
f) WATER PURVEYOR
1. Water Purveyor is Spokane Suburban Water Company, and they will
supply the site with adequate water for domestic, fire and
irrigation uses, although satisfactory arrangements have not
been made to serve this proposal.
g) '2U8' STUDY
1. Applicant shall comply with '208' recommendations concerning
stormwater runoff and provide necessary landscaping for runoff.
h) COUNTY AIR POLLUTION CONTROL AUTHORITY
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.
7
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ZONE RECLASSIFICATION NO. ZE-111-84
h) COUNTY AIR POLLUTION CONTROL AUTHORITY (continued)
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.
5. SCAPCA Regulation I, Article IV requires registration with this
Agency.
b. 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.
7. SCAPCA Regulation I, Article VI and SCAPCA Regulation II,
Article IV addresses emission standards. All emission standards
must be met.
8. All air pollution regulations must be met.
L. URUER
The hearing Examiner Committee, pursuant to the aforementioned, finds that
the application of T. U. Partnership, for a zone reclassification as
described in the application should be APPROVED to the RESTRICTED
INDUSTRIAL ZONE.
Motion by: Williams Seconded by: Udell
Vote:
- Williams - Aye
Udell - Aye
Carstens - Aye
Unanimous to APPROVE to the RESTRICTED INDUSTRIAL ZONE -
( 3 - u )
8
E. ORDER (continued)
ATTEST:
For WALLIS D. HUBBARD
Planning Director
P
By STEM P. 1UROBIOWSKI
Zoning Administrator
Date: 4 41 "5 /gifc5
9
ZONE RECLASSIFICATION NO. ZE-111-84
HEARING EXAMINER COMMITTEE
HEREBY ATTEST TO THE ABOVE
FINDINGS, ORDER, ANU VOTE
al person
Date: Application No: , 'E- //)
Name of Applicant: 7-, I) Pa, r± tict 1i / rj
SPOKANE COUNTY PLANNING DEPARTMENT
APPLICATION FOR ZONE RECLASSIFICATION
Street Address of Applicant: 8*, ,Z 7-20510 icv
S/ t✓i t°
City:
State: k14s tt Zip Code: y,;"y Tele. No.
Name of Property Owner(s): 7' 0 p c'k' S I p
Authorized Agent representing Owner
(if other than owner):
Existing Zoning Classification:
ss
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Date Existing Zone Classification Established:
Existing Use of Property:
Proposed Zone Classification:
Proposed Use of Property:
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Legal Description of Property: 10 f5
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Section: / Township: ; Range:
Source of Legal: %/4xA feit1&A l
Assessor's Parcel No: (See tax statement) / 3-3 3</
2,2cu .3o r t Pars K" yr
Property Size: yYwv r% Frontage: 34,4. Feet on: /,3ro.Z<tw�
Total amount of adjoining land controlled by this owner or sponsor:
Street Address of the Property: Mi4S joet-
If you do not hold title to the property affected by this application, what is your
interest in it? 7�'//e
Please list previous Planning Department actions involving this property:
ALL OF THE FOLLOWING QUESTIONS MUST BE ANSWERED:
1. What are the changed conditions of the site area, which you Feel make this
proposal warranted? c , cv,› ',7- r' f ` rt�� Li 41:'r'�y
I ca (1 v {' ► �/ C47 C4/pee/ _f1C-4!5. 7LY /4
2. What effect will the proposed zone reclassification have on the adjacent
properties?
E-
Rev, 2/3/81