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ZE-18-94 ~ s SPOKANE C4UNTY HEARING EXAMINER COMMTTTEE FIlNDINGS 0F FACT, CONCLUSIONS AND URDER INTRaDUCTIUN Thus m,atter has come before the Heanng Examxner Committee on June 23, 1994 The members of the Committee present are Jan Iteuter, Caair, Jane Myers and Harry t'nbbons FROPOSAL The sponsor, Doug Lydsg requests approval of a Zone Reclassif'icatLon, ZE-1$-94, from L,ight Industnal (I-2) to R.egivnal Business (B-3) far an indoor sp►arts arena and thvse uses penmtted in the Regronal Bus.ness (B-3) zone with Variances, VE-16-94, for budchag height (65' where 35`/60' is permitted) and VE-I7-94, road frontage (no artenal road frontage) FII'dDINGS UF FACT Al'vD CONCLUSYUNS 1 The property xs generally located narth of Interstate 94, northeast of Cataldo Avenue and south of Boone Avenue (extended) ui Secti4n 13, Township 25 North, Range 43 EWM, Spokane Cflunty, Washungton 2 The Comm7tttee adopts the Planning Department Repcrrt as a part of ttus record 3 The existing land uses m the area 1nclude suagle fanuly residennai, wholesale sales industnal sales and service, distnbunon center and Interstate 90 4 The propvsed use rs campatible with existing uses in the a►rea 5 'I'he Comprehensive Plan designates this site as Urban The Urban category is intended to pmvide the vpportumty for develvpment of a city-hlce environment which includes vanous land uses Intensive residential, pubhc facihnes and public service are typicai of this categary The residenual densrty ranges from 1 urut per acre to 17 unxts per acre The proposed zone reclassification to Regxonal Business (B-3) rs consistent wiith the gvals and abaectives of the Urban Category and the pmposed zone reclassifi'ication 1s also consistent vvith the "transiaon pvhcy" of the Camprehensive Ptan where fnnge areas located between two categones may allow development cvmplying with either categary 6 The praposed zoiung does implement and conform to the Comprehensive Flan 1 The Artenal Road Plan designates Cataldo Avenue as a Local Access Street 8 The exnsnng zoning of the property descnbed in the apphcation 1s Light Industnal (I-Z) pnevivasly estabhshed as Restncted Industnal wning in 1977 and mdesi,gnated ta Light Indusmal (I-2) on January 1,1991 pursuant to the Program to Implernent the Spokane Caunty Zoning Code The prvposal does confonn to the requirements of the proposed zQme ~ 9 The provisions of RCW 43 21C (The State Environmental Pohcy Act) have been comphed wnth and a Deternmaaon of Nonsignificance (DNS) was issued. The Committee, after uidependent review, hereby adopts the DNS lU The legal requirements for pubhc notice have been fulfilled. 11 The owners of adjacent lands expressed approval of the proposed use and did not object to the praposed building height 12 The apphcant has demanstrated that condiaons have substantay changed since the onginal zoiung of ttus area and accorduigly, the proposed zone reclassificaaon is justified. Specifically, changed conditions mclude development of an uidustnal pazk adjacent to the west, and adopaon of the Spokane County Comprehensive Plan 13 The propossd use will not be demmental to the pubhc health, safety, morals or welfare especially m hght of the conditions recommended by the reviewing agencies 14 The Comnuttee additionally finds a The proposed zone reclassificaaoa will not have a detnmental unpact upon the adjouung properties and the proposed recreational facihty will unprove the neighborhood b That the Spokane County Planung Department, as directed by the Heanng Examiner Committree should consider amending the Spokane County Zorung Code so that those uses allowed in the Busmess Matnx are also allowed in the Industnal Matrix c The proposed vanances from the maxnmum buMng height and muumum fiiontage requuements of the Regional Busuiess (B-3) zone are appropnate given the site's proximity to Interstate-90, adjacent industnal development, compaabihty with adjacent land uses and support of the proposal by adjoining property owners CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL 1 All Conditions unposed by the Hearmg Exanurier C'ommttee shall be buiduig on the "Apphcant," which term shall include the owner or owners of the property, hems, assigns, and successors-in-interest 2 The following Condiaons of Approval apply to the real property descnbed below A tract of land locatsd m the northeast quarter of Secaon 13, Township 25 North, Range 43 East of the Willamette Mendian, Spokane County, Washington being a pomon of vacated Coleman Road, vacated Boone Avenue, vacated Cataldo Avenue, and a portion of Block 8 of the Fust Addiaon to East Spokane Addition and the vacated alley in said Block 8 beulg descnbed as follows Commencuig at the intersection of the centerhne of vacated Coleman Road and the centerhne of vacated Boone Avenue, the northwest corner of that tract of land shown HEC Order for ZE-18-94 Page 2 • on Record of Survey recorded in Book 47 of Surveys, Page 57 in the Spokane County Anditor's Office, the True Pomt of Beginnmg, thence South 89 27'29" East along the centerhne of vacated Boone Avenue a distance of 298 16 feet to the projected westerly Iuie of Ldy Road, the northeast corner of said tract shown on Record of Survey Book 47, Page 57, thence South 00°07'S4" East along the westerly lule of Lily Road and said luie proJected 263 94 feet; thence South 57 38' 18" West along a luie parallel Rnth the northwesterly nght-of-way of U S Interstate Highway No 90 to an uitersecaon with the easterly line of vacaied Coleman Road, thence South 00°06'30" East along the easterly luie of vacated Coleman Road to a point on a luie parallel with and 100 feet northwesterly of the northwesterly nght-of-way of U S Interstate Highway No 90, said point shown on said tract shown on Recorri of Survey Book 47, Page 57, thence South 57°38'18" West along smd luie parallel with the northwesterly nght-of-way of U S Interstate Highway No 90, 35 47 feet to the centerline of vacated Coleman Road, the southwest corner of said tract shown on Record of Survey Book 47, Page 57, thence North 00°06'30" West along the centerluie of vacated Coleman Road, 680 34 feet to the True Point of Beginning SPOKANE COUNTY PLANNING DEPARTMENT 1 Development of the site shall comply with the RegYOnal Business (B-3) zone and Aquifer Sensiave Ar+ea (ASA) Overlay zone as amended The Vanance to exceed the 35' height lunit in the Regional Busmess (B-3) zone (VE-16-94) and construct a building to 65 feet is approved The Vanance for madequate artenal road frontage (VE-17-94) is approved 2 The apphcant shall develop subject properry in stnct conformance with the site plan presented to the Heazing Body on June 23, 1994 All aspects of the concept and proposal shall be bmduig on the development, including proposed use Varianons, to be approved by the Plannuig Du ector/designee, shall only be allowed to meet regulauon standards and conditions of approval Any other modification must be presented to the Heanng Baiy for review and approval 3 Approval is requued by the Plannuig Duector/designee of a specific hghtang and signuig plan for the descnbed property pnor to the release of any building pernuts Note The site is restricted to one (1) on-premise advertising display not to exceed 150 square feet in area Signs shait not be oriented towards the residential uses located east and north of the site Written approval of the WSDOT is required for signs oriented to I-90 4 A specific landscape plan, plantuig schedule and provlsions for mauitenance acceptable to the Planning Direcwr/designee shall be subnutted with a perforimance bond for the project pnor to release of building pernuts Landscapmg shall be installed and maintained so that sight distance at access points is not obscured or impaired. 5 Direct ught from any extenor area hghting fixture shall not extend over the property boundary 6 The Plammmg Department shall prepare and record with the Spokane County Auditor a Title Notice noting that the property in quesaon is subject to a variety of special condinons imposed as a result of approval of a land use action This Tide Notice shall serve as pubhc noace of the condinons of approval affecang the pmperty in quesdon The Title Notice should be recorded wrtlun the same time HEC Order for ZE-18-94 Page 3 ~ frame as allowed for an appeal and shall only be released, in full or in part, by the Planrung Department The Title Noace shall generally provide as follows The parcel of property legally described as [ ] Ls tbe 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 SPOKANE COUNTY DIVISIUN OF ENGINEERING AND ROADS Pnor T u Of A BuildingiPerrmi nr L.Jm Of Tllg Pmr ~ y As PrgRgstd, 1 Access perncuts for approaches to the county road system shall be obta3ned from the Spokane County Engmeer 2 The apphcant shall subnut for approval by the Spokane County Engmeer and the Spokane County Health Distnct a detailed combuied on-site sewage system plan and surface water disposal plan for the enum project, or pornon thereof, ff the development is to be phased. 3 A parlnng plan and traffic cmulanon plan shall be subnutted and approved by the Spokane County Engmeer The design, locanon and anangement of parlang stalls shall be m accordance with standard traffic engineeruig practices Paving or surfacing as approved by the County Engineer, will be requued for any pomon of the project which is to be occupied or traveled by velucles 4 To construct the roadway unprovements stated hereul, the apphcant may, with the approval of the County Engineer, jom in and be willuig to paracipate m any petinon or resolunon wluch purpose is the fonnanon of a Road Improvement Distnct (RID) for said unprovement, pursuant to RCW 36 88, as amended Spokane County will not parncipate in the cost of these impmvements This is apphcable to Cataldo Avenue 5 As an alternative method of constructing the road improvements stated herein, the apphcant may, wnth the approval of the County Engineer, accomplish the road unprovements stated herein by joming and partucrpaung ui a County Road Project (CRP) to the extent of the required unprovement, Spokane County will not paracipate in the cost of these unprovements 'This is applicable to Cataldo Avenue 6 The construcaon of the road improvements stated herein shall be accomphshed as approved by the Spokane County Engmeer 7 The County Engmeer has designated Typical Roadway Secaon Number One, Local Access standard for the unprovement of Cataldo Avenue, which serves the proposed development. T'his will requue the addiaon of varyuig amounts of asphalt along the frontage of the development The construcaon of curbing and sidewallc is also requued 9 All reqwred unprovements shall conform to the curreot State of Washuigton St.andard Specificauons for Road and Bndge Construcnon and other apphcable County standards and/or adopted resolunons pertauiing to Road Standards and HEC Order for ZE-18-94 Page 4 a Stormvvater Management m effect at the date of constrvction unless athervinse approved by the County Engmeer 10 Apphcant sha11 construct a paved and delineatei approach to meet the existing pavement on Cataldo Avenue 11 Access to Liiy Avenue shall be pnohi.bited until such time as speclfically authonzed by the Spokane County Enguieer 12 Roadway standands, typical raadway secnons and draznage plan r+eqnuements ase found in Spokane Board of County Commissioners Resolution No 80-1592 as amended and are apphcable to this proposal. 13 No cc)nstivction work sb.all be perfarnied within the existiag or proposed pubhc nght-of-way until a p~tmt has been issued by the County Englneer All work withm the pubhc mad nght-of-way is subject tv inspectian and approval by the County Engineer 14 The apphcant has propvsed that an emergen.cy vehlcle access point be located at the mtersecuon of Boone Avenue and Lil.y Road. The apphcant shall provnde documentation to the satlsfaction of the County Engineer that only emergency vehicles, and not the general public, will use the pouit vf access The apphcant shall alsa provlde to the County Engmeer wntten documentatian from the fire chsinct approvmg the pruposed method of emergency acxess The County Engmeer shall also grant approval of the propos+ed method of aecess SPOKANE COUNTY HEALTH DISTRICT 1 A combuxed surface water and sewage disposal detailed plan shall be appravecl by the Spokane County Engineer and Spokane County Health Distnct pnor ta the issuance of any on-site sewage chsposal peanat or budd.ing pemut far Lhis project 2 Sewage d.rsposal method shall be as authonzed by the Director of UttIities, Spakane County 3 Water service shall be c+oordnated thraugh the Duector of Utihties, Spokane County 4 Water servi.ce shall be by an existing pubhe water supply when approved by the Regional Enguieer (Spokane), State Department of Health 5 Disposal of sewage effluent beneath paved surfaces is currently prohibited, 6 Subject to specific apphca.tion approval and issuance of perrruts by the health afficer, the use of in.divrdual on-site sewage disposa1 systems may be authonzed 7 Use of pnvate wells and water systems is prohibited HEC 4rder fvr ZE-18-94 Pag+e 5 f SPOKANE COUNTY DIVLSION OF UTILITIES 1 Any water service for ttus project shall be provided m accordaace with the Coordnated Water System Plan for Spokane County, as amended. 2 Puisuant to the Board of County Commissioners Resolution No 80-0418, the use of on-site sewer disposal systems is hereby authan~. Tlus aut6anzation is conditioned ui vompliance with all rules and regulanons of the Spokane County Health Ihstnct and is further condiaoned and subject to specif'ic apphcation appmval and issuance of permits by the Health DistncG 3 The owner(s) or suvoessor(s) m interest agree to audiorze the Caunty to pl,ace thezr name(s) on a petition far the formanon of ULID by petition mexhod pursuant tio RCW 36 94, which pention includes the owner(s)' property; and further not to object by the sigmng of a protest peftnon agaiast the formanon of a ULID by resolution method pursuant tio RCW Chapter 36 94 which mclndes the owner(s)' pnoperty PROVIDED, tlus condinon shall not prohilnt the owner(s) or successor(s) from objecung to any assessment(s) on the property as a result of unprovements called for in conjuncaon wiith the formanon of a ULID by elther petition or resolution under RCW Chapter 36 94 4 Each new umt shall be double-plumbed for connecaon to future area.Rnde collection systems SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1 All air pollution r+egulations must br met This mcludes but is not hmited to the followuig 2 Air pollution regulations reqwre that dust emissions dunng demohtion, oonstructton and excavation projects be contcnlled. Tlus may require use of watrer sprays, tarps, sprmklers or suspension of acnvity dunug certaui weather conchtions Haul roads should be tr+eated, and enussions from the transfer of earthen matenal must be controlled, as well as emissions from all other construction-related acaviaes 3 All traveled surfaces (mgress, egress, parlang areas, access roads) must be paved and kept clean to nnnmnze dust enussions 4 Measures must be taken to avoid the deposition of dut and mud from uapaved surfaces onto paved surfaces If tracking or spills occur on paved surfaces, measures must be taken ~mmedmtely tio clean these surfaces 5 Debns generated as a result of ttus pmject must be disposed of by means other than burning (i e, construcaon waste, etc ) 6 SC;AP(:A Regulation I, Amcle, V reqwres that a Noiice of Construction and Apphcation far Approval be subautted m and approved by our Agency gnor to the constructton, installat~on or estabhshment of air polluaoa source HEC Or+der for ZE-18-94 Page 6 • ORDER The Hearmg F,xaminer Committee, pursuant to the above Findings of Fact and Conclasion, APPROVES the applicaaon of Doug Lydig for the Zone Reclassification from I.ight Industnal (I-2) to Regional Busuiess (B-3) for an mdoar sparts arena and those uses pemutted in the Regional Business (B-3) zone wiith Vanances for buulduig height (65' where 35760' is pernuwd) and road frontage (no artenal road frontage) as descnbed in the apphcation 2E-18-94, VE-16-94, VE-17-94 Motion by Jane Myers Seconded by Hany Cribbons Vote (3-0) UNANIMOUS TO APPROVE 1BE 7ANE RECLASSIFICATION AND VA►RIANGE REQUESTS BEARING CO HEREBY ATTEST T'O THE AB4VE FIN DINGS, ORDER VOTE ATTEST For WALLIS D HUBBARD Planning Duwor JOHN W PEDERSON Senior Planner ia lA~/ DATE 4~7~ Pursuant to Spokane County regulations, any aggneved party has the nght to appeal this wntten decmon to the Spokane County Board of County Comnussoners withm tea (10) calendar days of the signing of tlus order Upon recerpt of an appeal, a pubhc hearmg will be scheduled. ff yon desue to file such an appeal, you must submit a wntten appeal, preferably on forms designed for such purpose, to the Board of County Comnnissioners, West 1116 Broadway, Spokane, WA 99260, along with a$210 processing fee payable to the Spokane County Treasurer If you have any quesaons, please call the Plannuig Department at (509) 456-2205 HEC Order for ZE-18-94 Page 7