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ZE-6-98• SPOKANE COUNTY HEARING EXAMINER RE: Zone Reclassification from Urban ) FINDINGS OF FACT, Residential-3.5 (UR-3.5) and Urban ) CONCLUSIONS AND Residential-7 (UR-7) to Light Industrial (I-2) ) DECISION Applicant: Thomas Hyslop ) File No. ZE-6-98 ) I. SUMMARY OF PROPOSAL AND DECISION Proposal: Zone reclassification from the Urban Residential-3.5 (UR-3.5) and Urban Residential-7 (UR-7) zones to the Light Industrial (I-2) zone, for development of equipment rental and storage, an associated caretaker's residence, and those uses allowed in the Light Industrial (I-2) zone. Decision: Approved, subject to conditions. II. FINDINGS OF FACT AND CONCLUSIONS The Hearing Examiner has reviewed the zone reclassification application and the evidence of record, and hereby adopts the following findings of fact and conclusions: A. GENERAL INFORMATION: Applicant: Thomas Hyslop, 7207 East Broadway, P. O. Box 13322, Spokane, WA 99213 Legal Owner: Hytopz, Inc., 7207 East Broadway, P. O. Box 13322, Spokane, WA 99213 Location: Generally located along the west side of Girard Road, south of and adjacent to Interstate 90, in the NE'/4 of Section 13, Township 25 North, Range 43 EWM, Spokane County, Washington. Legal Description: Lots 9-15, Block 2 of First Addition to East Spokane, according to plat recorded in Volume "P", page 7, in the NE'/4 of Section 13, Township 25 North, Range 43 EWM, Spokane County, Washington; together with that portion of vacated Cataldo Avenue lying north of and adjacent to said Lot 15; and together with the east half of the vacated alley, per Spokane County Ordinance No. 98-0061 recorded on January 23, 1998 under County Auditor's Recording No. 4181458, adjoining said lots on the west; except that portion of said vacated Cataldo Avenue and of said Lot 15 lying northwesterly of the southeasterly right-of-way line of P.S.H. No. 2, I-90. Zoning: Urban Residential-3.5 (UR-3.5) and Urban Residential-7 (UR-7). The site is also located within the Aquifer Sensitive Area Overlay zone and the Public Transit Benefit Area designated by the County Zoning Code. HE Findings, Conclusions and Decision ZE-6-98 Page 1 • • Comprehensive Plan Category: The property is designated in the Urban category by the Spokane County Generalized Comprehensive Plan. The property is also located within the Priority Sewer Service Area and Urban Impact Area designated by the Plan. Environmental Review: A Determination of Nonsignificance was issued by the Division of Building and Planning on September 4, 1998. Site Description: The site is approximately .94 acres in size, is irregular in shape and is generally flat. The site is improved with an existing metal storage building along its northerly boundary, a pole building in the north end of the property, and two empty single -wide manufactured homes. The property is enclosed by a six-foot high chain link fence, which has sight -obscuring slats along a portion of the west boundary of the site. Vegetation on the site consists of scattered trees and shrubs, including some evergreen trees along the north boundary. The northeast corner of the site lying west of Girard Road and the northeasterly section of the site lying at the north end of Girard Road are zoned UR-3.5, while the remainder of the site is zoned UR-7. Surrounding Conditions: The site is located immediately south of Interstate 90. The main part of the site lies along the west side of Girard Road, with the northeast extension of the site lying at the north end of such road. Girard Road is designated as a Local Access road by the County Arterial Road Plan, and is a paved road without curb or sidewalk. Broadway Avenue, which is designated as a Principal Arterial, lies 300 feet south of the subject property. Single- family residences are found west of the site, and along the east side of Girard Road. The applicant's existing equipment rental and storage business, Hytopz Inc., is located immediately south and southwest of the site along Broadway Avenue, between Lilly Road and Girard Road. The land surrounding the site is all zoned I-2, except along the east side of Girard Road, which is zoned UR-7. A large gravel pit is located across Broadway Avenue from the applicant's existing business. Project Description: The application proposes to rezone the site to the I-2 zone, for development of equipment storage and rental, in association with the applicant's existing and adjacent business. The site plan of record dated July 8, 1998 illustrates a proposed equipment storage area on a gravel surface, with the existing storage building and pole building on the site to remain. The site plan illustrates the removal of the two mobile homes on the site, but the applicant indicated at the public hearing that one of the structures would remain for a caretakers residence. One gated entry to the storage area is proposed along Girard Road at the north end of the site. The site plan illustrates 5 feet of Type III landscaping on the site adjacent to Girard Road and adjacent to Interstate 90. The site plan shows a six (6)-foot high chain link fence with sight -obscuring slats along the southerly portion of the west property line of the site. Chain link fencing is also illustrated along the north and east boundary lines of the subject property. B. PROCEDURAL INFORMATION: Applicable Zoning Regulations: Spokane County Zoning Code Chapters 14.402 and 14.632 Hearing Date and Location: September 30, 1998, Spokane County Public Works Building, Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA. HE Findings, Conclusions and Decision ZE-6-98 Page 2 • • Notices: Mailed: September 14, 1998 by applicant Posted: September 15, 1998 by applicant Published: September 15, 1998 Compliance: The legal requirements for public notice have been met. Site Visit: September 29, 1998 Hearing Procedure: Pursuant to Resolution Nos. 96-0171 (Hearing Examiner Ordinance) and 96-0294 (Hearing Examiner Rules of Procedure). Testimony: Tammy Jones Division of Building and Planning 1026 West Broadway Spokane, WA 99260-0240 Brad Marshall Adams and Clark, Inc. 1720 West 4th Avenue Spokane, WA 99204 James Slavin 811 West 2" d Avenue Spokane, WA 99204 Scott Engelhard Division of Engineering and Roads 1026 West Broadway Spokane, WA 99260 Thomas Hyslop P. O. Box 13322 Spokane, WA 99213 Kathryn Knauss 906 North Girard Road Spokane, WA 99212 Items Noticed: Spokane County Comprehensive Plan, Spokane County Zoning Code and Spokane County Code. Also, County Resolution Nos. 85-0900 (adopting County Zoning Code and Program to Implement the Spokane County Zoning Code), 96-0171 and 96-0294. Hearing Examiner Committee Findings and Order dated 12-5-85 in Building and Planning Division File No. ZE-3-85, and site plan of record submitted on 11-22-95 in File No. ZE-3-85, and 1985 zoning map of vicinity in File No. ZE-3-85. C. LAND USE ANALYSIS: 1. General approval criteria In considering a rezone application, Washington case law generally provides that (1) there is no presumption in favor of the rezone, (2) the applicant for the rezone must prove that conditions have substantially changed in the area since the last zoning of the property, and (3) the rezone proposal must bear a substantial relationship to the public health, safety or welfare. Parkridge v. Seattle, 98 Wn. 2d 454, 462 (1978); and Bjarnson v. Kitsap County, 78 Wn. App. 840 (1995). Deviation from a comprehensive plan does not necessarily render a rezone illegal. The plan is considered as a general blueprint and only general conformance with such plan is required to approve a rezone. Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 873 (1997); Cathcart v. Snohomish County, 96 Wn.2d 201, 211-12 (1981); and Bassani v. County Commissioners, 70 Wn. App. 389 (1993). Also see RCW 36.70.340 and RCW 36.70.020 (11). Some Washington cases have dispensed with the changed circumstances HE Findings, Conclusions and Decision ZE-6-98 Page 3 • • requirement where the proposed rezone closely implemented the policies of a comprehensive plan. Bjarnson v. Kitsap County, 78 Wn. App. 840, 846 (1995); and Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 370-371 (1983). Where a comprehensive plan conflicts with zoning regulations, the provisions of the zoning code will normally be construed to prevail. See Weyerhaeuser v. Pierce County, 124 Wn.2d 26, 43 (1994); Cougar Mt. Assocs. v. King County, 111 Wn.2d 742, 755-57 (1988); and Nagatani Bros. v. Commissioners, 108 Wn.2d 477, 480 (1987). The County Hearing Examiner Ordinance authorizes the Hearing Examiner to hear and decide rezone applications. The Examiner is authorized to grant, deny or grant with such conditions, modifications and restrictions as the Examiner finds necessary to make the application compatible with the Spokane County Generalized Comprehensive Plan and development regulations. See County Resolution No. 96-0171, Attachment "A", paragraphs 7 (d) and section 11; and RCW 36.70.970. Applicable development regulations include without limitation the Spokane County Zoning Code, the State Environmental Policy Act (SEPA) and the County's Local Environmental Ordinance (chapter 11.10 of the Spokane County Code). Section 14.402.020 of the Zoning Code authorizes amendments to the Code based on any one of six (6) grounds, without differentiating between amendments to the zoning text of the code and amendments to the official zoning map. Zoning Code 14.402.020 (1) authorizes the Code to be amended if it is "... consistent with the Comprehensive Plan and is not detrimental to the public welfare...". Zoning Code 14.402.020 (2) authorizes a Code amendment where "... [c]hange in economic, technological, or land use conditions has occurred to warrant modification of this Code...". These are the most relevant criteria for consideration of the current rezone application. Spokane County Zoning Code 14.100.104 indicates that the Zoning Code shall be interpreted to carry out and implement the purpose and intent of the Comprehensive Plan, and the general plans for physical development adopted by the Board of County Commissioners. Zoning Code 14.100.106 states that when the Zoning Code conflicts with the Comprehensive Plan, or other adopted plans and regulations of the County or other regulatory agencies, the more restrictive provisions shall govern to the extent legally permissible and the Zoning Code provisions will be met as a minimum. The Comprehensive Plan itself indicates that it should be used as a reference source and guide for making land use decisions. Comprehensive Plan, p. 2. The relevant "decision guidelines" set forth in the Plan are to be used as a guide to determine whether a particular proposal should be approved, conditioned or denied. 2. The proposal. as conditioned, generally conforms with the Spokane County Generalized Comprehensive Plan; bears a substantial relationship to and will not be detrimental to the public health, safety and general welfare; and complies with the Spokane County Zoning Code and other applicable development regulations. The site is designated in the Urban category of the Comprehensive Plan. The Urban category is intended to provide the opportunity for a "citylike" environment, which includes various land uses, residential development and a high level of public facilities and urban services. It is primarily a residential category of single-family, two-family, multi -family, and condominium buildings along with neighborhood commercial, light industrial, and public and recreational facilities. HE Findings, Conclusions and Decision ZE-6-98 Page 4 • • The Urban category recommends a residential net density range of one (1) to 17 units per acre. The more intensive uses in the Urban category, such as light industrial and neighborhood commercial, are expected to be located near or along the heavily traveled streets. The least intensive single-family residential uses will be isolated from the noise and heavy traffic, and multifamily structures will usually be a transitional use located between single-family residential and the more intensive areas. See Comprehensive Plan, Section 1, "Purpose" and "Detailed Definition". The Urban category also indicates that buffering, screening and landscaping should be used to render land uses in such category compatible and avoid adverse impacts. Decision Guideline 1.5.1. The applicant seeks to rezone the site from the UR-3.5 zone and UR-7 zone to the Light Industrial (I-2) zone, to allow industrial equipment storage and rental, and a caretaker's residence. This development would serve as an extension of the applicant's existing and adjacent industrial equipment and rental storage business, and include storage and rental of such items as lift equipment, ladders and scaffolding. See testimony of Brad Marshall. Zoning Code 14.632.100 provides as follows: The purpose of the 1-2 zone is to meet the needs for industrial land identified in the Industrial Category of the Comprehensive Plan. Industrial uses in this zone will include processing, fabrication, light assembly, freight handling and similar operations, all of a non -offensive nature. It is the intent of the 1-2 zone to allow for these uses by making them compatible with surrounding uses. General characteristics of these areas include paved roads and sidewalks, public sewer and water, a fidl line of public services including manned fire protection and public transit accessibility. The Board of County Commissioners recently amended the Industrial Zones Matrix, Zoning Code Chapter 14.629, to allow several new commercial uses in the industrial zones of the Zoning Code. (County Resolution No. 96-0787). In the I-2 zone, this includes certain designated uses as well as virtually all uses allowed in the Regional Business (B-3) zone, provided the development standards of the B-3 zone are met. The Staff Report found that the proposal generally conformed to the policies of the Urban category, that the rezone was justified based on changed conditions in the area and that the proposed 1-2 zone implemented the purpose and intent of the Comprehensive Plan. The Staff Report recommended changes in the site plan to comply with the fencing, landscaping and pavement surfacing requirements in the 1-2 zone. The Staff Report also recommended movement of the gated entry in the project from the north to the south end of the site, to reduce traffic impacts to the single-family homes located along the east side of Girard Road. The 1-2 zone is intended to implement the Industrial category of the Comprehensive Plan, not the Urban category. The Urban category does contemplate light industrial uses along the more heavily traveled streets. Light industrial uses in the Urban category are intended to be implemented through the Industrial Park (I-1) zone. An equipment rental facility is a prohibited use in the I-1 zone, but is permitted in the I-2 zone. General indoor storage is allowed in both zones. General outdoor storage is permitted in both zones, subject to certain performance HE Findings, Conclusions and Decision ZE-6-98 Page 5 • • standards. A caretaker's residence is prohibited in the I-1 zone, but is allowed as an accessory use in the I-2 zone. See Zoning Code 14.629.020. The development standards of the I-1 zone are generally considerably stricter than those of the I-2 zone. In the I-2 zone, storage of all raw materials, finished products, machinery and equipment must either be within an enclosed building or behind a sight -obscuring, non -pierced fence that is at least six (6) feet in height and at a sufficient height to screen stored items from view. Such screening may be waived if adjacent properties are zoned industrial or have existing industrial uses, and the owners of such adjacent properties do not object to such waiver. See Zoning Code 14.632.355. In the I-1 zone, finished products may be stored outside only in the back half of a lot, and all unfinished products or raw materials must be stored within an enclosed building. Zoning Code 14.630.355. A six-foot high sight -obscuring screen is required adjacent to or across a public street from existing residential development in the I-1 zone. Zoning Code 14.630.365. The development standards of the I-1 zone require at least 10% of the site to be landscaped, and requires 25 feet of Type III landscaping adjacent to a public road. The I-2 zone requires five (5) feet of Type III landscaping adjacent to a public road. Both zones require 25 feet of Type II landscaping adjacent to freeways. See Zoning Code 14.806.060 and 14.630.350. In Buell v. Bremerton, 80 Wn. 2d 518 (1972), the Washington State Supreme Court authorized deviation from a comprehensive plan to allow rezoning activity which increased the area in which a particular business use was permitted. The current situation is analogous, since the project would expand the applicant's existing business onto the site. The existing business fronts along Broadway Avenue, a Principal Arterial. The northerly border of the site fronts along I-90, and the applicant seeks to take advantage of such location to promote his business. Relatively little comment was received from neighboring property owners. The applicant owns much of the block between Lilly Road and Girard Road. The representative for certain lots lying west of and adjacent to the site along Lilly Road expressed support for the project, indicating that the applicant's operation had cleaned up the area from the previous ownership, and would help provide needed infrastructure in the vicinity such as fire flow, water and sewer. See testimony of Jim Slavin. A neighboring property owner residing near the site along the east side of Girard Road objected to certain potential impacts from the project, including truck traffic along Girard Road, noise, air pollution, dust, glare from security lighting. The removal of trees from the northerly border of the site was also objected to by such owner. See testimony of Kathryn Knauss, and letter dated 9-22-98 from Gordon and Kathryn Knauss. Another resident along the east side of Girard Road also expressed concern regarding the potential noise and dust from the project, truck traffic along Girard Road and a restriction on working hours. See letter dated 9-14-98 from Georgia R. Jameson. The applicant testified that the project would generate no truck traffic along Girard Road, and that the access illustrated at the north end of the project was intended to provide access only for a sewer easement. The applicant further indicated that the site would be used primarily for storage, and that there would be no truck traffic on the site. The applicant also testified that the installation of 25 feet of landscaping along the north property line was complicated by the elevation of the site adjacent to the freeway. See testimony of Tom Hyslop and Brad Marshall. HE Findings, Conclusions and Decision ZE-6-98 Page 6 • • The Zoning Code generally requires that all off-street industrial storage areas within the Urban Impact Area be graded and paved, subject to an exemption for parking and storage areas routinely used by cleated and other heavy equipment, and subject to a waiver when it can be demonstrated that alternative surfacing that is proposed will not adversely affect water quality, air quality or the integrity of the parking area. See Zoning Code 14.802.080. The exemption would not appear to apply, and any request for a waiver would take into consideration the air quality concerns of neighboring property owners. The Building and Planning conditions of approval require that a lighting plan be approved for the site, and prohibit direct light from any exterior lighting fixture from extending beyond the property boundary. The I-2 zone requires compliance with the requirements of the Spokane County Air Pollution Control Authority, state noise standards and other applicable health and safety regulations. See Zoning Code 14.632.385. Considering that the area is somewhat in transition from a single-family area to an industrial area, the age of the existing housing in the vicinity, the proximity of the site to Interstate 90, the fact that the project is an extension of an existing industrial use and will be served by a high level of urban services, the industrial zoning that abuts the site on two sides, the proposed use of the site primarily for the storage of equipment, the limited on -site activity that will occur, and the performance standards applicable to the project, the Hearing Examiner finds the proposed I-2 zone can implement the Urban category of the Comprehensive Plan. The restriction of truck traffic along Girard Road from the project is needed to assure consistency with the Comprehensive Plan. See Comprehensive Plan, Transportation Section, Decision Guideline 21.1.6. The site plan of record illustrates the presence of a proposed driveway on the applicant's adjacent property extending between Lilly Road and Girard Street, which abuts the south boundary of the site. A gated entry is illustrated at each end of the proposed driveway. The site plan also shows an eight (8)-foot high wrought iron fence along the east boundary of the applicant's adjacent property to the south, along with an existing gate located along the southerly half of such boundary. No landscaping exists along such boundary. The applicant's adjacent property does not comply with the conditions of approval attached to the 1985 rezone of such zone for industrial use. The conditions of approval for such rezone required the installation of a five (5)-foot landscaping strip and grassy swales, as shown on the site plan submitted on November 22, 1985, along the east boundary of the applicant's property lying south of the site adjacent to Girard Road, if the site was developed for storage. The conditions of approval required a 7.5 foot landscaping strip and grassy swales, as shown on the site plan, if the site was developed for a warehouse office use. Such landscaping was required to be planted and maintained in a dense landscaping screen, including the planting of pyramid arborvitae and junipers, and to be at least five (5) feet tall at the time of installation. The conditions of approval further required that access points to such site from Girard Road be limited to those directly across the street from a non-residential zone. The conditions further required that all traveled surfaces be paved and kept clean. See Hearing Examiner Committee Finding and Order dated 12-5-85 in File No. ZE-3-85. These 1985 rezone conditions of approval continued to bind such property after the cross -over zoning of such property to the I-2 zone under the Zoning Code in 1991, pursuant to the Program to Implement the Spokane County Zoning HE Findings, Conclusions and Decision ZE-6-98 Page 7 • • Code. See County Resolution No. 85-0900, Program to Implement the Spokane County Zoning Code, Zone Classification Transition Guide, "Contractual Conditions" section. At the time of the 1985 rezone, the northerly half of the applicant's adjacent land lying south of the current site lay directly across Girard Road from land zoned for residential purposes under the now expired County Zoning Ordinance. Such residential zoning was preserved after the crossover zoning of the County Zoning Code was implemented on January 1, 1991, with such land currently being zoned UR-7. The applicant's gated entry from Girard Road on the applicant's abutting ownership adjacent to the southeast corner of the current site is in violation of the conditions of approval established by the Hearing Examiner Committee in 1985 in File No. ZE-3-85. The lack of sight -obscuring landscaping along the east boundary of such adjacent property adjacent to Girard Road is also in violation of such conditions of approval. The fact that the conditions were established before the applicant required such property is irrelevant, since such conditions run with the land. Therefore, access to the current site from Girard Road via the proposed driveway and gated entry located on the applicant's adjacent land to the south would violate the conditions of approval of the 1985 rezone. The Hearing Examiner has called attention to these inconsistencies in the conditions of approval below. The Staff Report indicates discrepancies in landscaping and fencing on the site plan of record for the current rezone project with the development standards of the I-2 zone. These discrepancies are also addressed in the conditions of approval below. As conditioned, the proposal is reasonably compatible with adjacent land uses, and will be consistent with public health, safety and welfare. The proposal is conditioned for compliance with the Light Industrial (I-2) zone, the Spokane County Zoning Code, and other applicable development regulations. The procedural requirements of chapter 43.21C RCW and chapter 11.10 of the Spokane County Code have been met. The Hearing Examiner concurs with the Determination of Nonsignificance issued by the Division of Building and Planning, and finds that there will be no significant, probable adverse environmental impacts from the project. No adverse comments were received from public agencies that would dictate a need for withdrawal of such environmental determination. 3. Conditions in the area in which the property is located have changed substantially since the property was last zoned. In applying the changed circumstances test, courts have looked at a variety of factors, including changed public opinion, changes in land use patterns in the area of the rezone proposal, and changes on the property itself. The Zoning Code references changes in "economic, technological or land use conditions" as factors that will support a rezone. Spokane County Zoning Code Section 14.402.020 (2). Washington courts have not required a "strong" showing of change. The rule is flexible, and each case is to be judged on its own facts. Bassani v. County Commissioners, 70 Wn. App. 389, 394 (1993). Recent cases have held that changed circumstances are not required for a rezone if the proposed rezone implements policies of a comprehensive plan. Bjarnson, at 846; Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 370-371 (1983). As discussed above, the proposal is generally consistent with the Comprehensive Plan. There is also ample evidence of changed conditions in the area since the last zoning of the site, HE Findings, Conclusions and Decision ZE-6-98 Page 8 • • whether this is considered to be the Residential Manufactured Home zoning of the site established under the Zoning Ordinance in 1969, or the transition zoning of the site to the UR-3.5 and UR-7 zone of the Zoning Code in 1991. Such changed conditions include the need for expansion of the applicant's existing business, the extension of public sewer to the area, increased traffic along Broadway and I-90 in the area, and population growth in the Spokane Valley area of the county. III. DECISION Based on the Findings of Fact and Conclusions above, the above application for a zone reclassification is hereby approved, subject to the conditions of the various public agencies specified below. Conditions which have been added or previously recommended conditions which have been significantly altered are italicized. Failure to comply with the conditions of this approval may result in revocation of this approval by the Hearing Examiner. This approval does not waive the applicant's obligation to comply with all other requirements of other agencies with jurisdiction over land development. SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant," which term shall include the developer and owner (s) of the property, and their heirs, assigns and successors. 2. The zone change applies to the following real property Lots 9,10,11,12.13,14, and 15, Block 2 of First Addition to East Spokane, according to the plat recorded in Volume "P", page 7, in the NE Vt of Section 13, Township 25 North, Range 43 EWM, Spokane County, Washington; together with that portion of vacated Cataldo Avenue lying north of and adjacent to said Lot 15; and together with the east half of the vacated alley, County Ordinance No. 98-0061 recorded on January 23, 1998, under Auditor's Recording No. 4181458, adjoining said lots on the west; except that portion of said vacated Cataldo Avenue and of said Lot 15 lying northwesterly of the southeasterly right-of-way line of P.S.H. No. 2, I-90. 3. The proposal shall comply with the Light Industrial (I-2) zone and the Spokane County Zoning Code, as amended. 4. The applicant shall develop the subject property in accordance with the concept presented to the Hearing Examiner and the site plan of record dated July 8, 1998, subject to modifications required to establish compliance with the conditions of approval herein. Minor alterations or additions, when approved by the Director of the Division of Building and Planning/designee, may be permitted pursuant to Section 14.504.040 of the Spokane County Zoning Code. All variations must conform to the Spokane County Zoning Code, and the original intent of the development plans shall be maintained. 5. Approval is required from the Director of the Division of Building and Planning/designee of a specific lighting and signing plan for the described property prior to the release of any building permit, or use of the site as proposed. HE Findings, Conclusions and Decision ZE-6-98 Page 9 6. Direct light from any exterior area lighting fixture shall not extend over the property boundary. 7. A specific landscape plan, planting schedule and provisions for the maintenance acceptable to the Director of the Division of Building and Planning/designee shall be submitted with a performance bond or other suitable guarantee for the project prior to release of any building permits or use of the site as proposed. Landscaping shall be installed and maintained so that sight distance at access points is not obscured or impaired. 8. The Division of Building and Planning 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 Division of Building and Planning. 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 Examiner on September 30, 1998, imposing a variety of special development conditions. File No. ZE-6-98 is available for inspection and copying in the Spokane County Division of Building and Planning. 9. The proposed equipment storage area shall be paved as required by Section 14.802.080 of the Spokane County Zoning Code, prior to issuance of a building permit or use of the site as proposed, unless a waiver is requested by the applicant and approved by the Director of the Division of Building and Planning after consultation with County Engineering and the Spokane County Air Pollution Control Authority. 10. The site plan of record fails to show 25 feet of Type III along the northerly property line of the site adjacent to Interstate 90, or sight -obscuring non pierced fencing along the east and north boundaries of the site, as required by the Zoning Code. Compliance with the County Zoning Code shall be demonstrated prior to issuance of a building permit or use of the site as proposed. 11. Access to the subject property from Girard Road through the gated entry at the north end of the site shall be restricted to the access needed for the installation and maintenance of sewer facilities on the site. 12. There shall be no access by trucks to and from the site along Girard Road. There shall be no vehicle access whatsoever to the site from Girard Road by means of the gated entry and driveway proposed to be located immediately south of the site, as illustrated on the site plan of record, as long as vehicular access to Girard Road at such location is restricted by the conditions of approval adopted in the Spokane County Hearing Examiner Committee's Findings and Order dated December 5, 1985, in Building and Planning Division File No. ZE-3-85. 13. The site plan of record for the current project, and the Hearing Examiner's site visit, show deviations from the conditions of approval attached to the rezone approval in File No. ZE-3-85 for the applicant's adjacent property. This includes the absence of landscaping and grassy HE Findings, Conclusions and Decision ZE-6-98 Page 10 • • swales required to be installed along the south and east boundaries of the applicant's adjacent land which lies south of the current site, and regarding the prohibition of access to such adjacent land from Girard Road at this location. These deviations should be reviewed for compliance and enforcement by the Division of Building and Planning. SPOKANE COUNTY DIVISION OF ENGINEERING Prior to release of a building permit or use of property as proposed: 1. Access permits for approaches to the County Road System shall be obtained from the County Engineer. 2. The applicant shall submit for approval by the Spokane County Engineer drainage and access plans. 3. 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 phased. 4. 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 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, unless waived by the Director of the County Division of Building and Planning after consultation with the County Engineer and the Spokane County Air Pollution Control Authority. 5. 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. 6. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane County Resolution No. 95-0498 as amended and are applicable to this proposal. 7. No construction work is to be performed within the existing or proposed 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. 8. No roadway improvements to Girard Road are required at this time. Required improvements to Girard Road were accomplished per RID #394. 9. The applicant shall grant applicable border easements adjacent to Spokane County Right of Way per Spokane County Standards. HE Findings, Conclusions and Decision ZE-6-98 Page 11 • SPOKANE REGIONAL HEALTH DISTRICT 1. The sewage disposal method shall be as authorized by the Director of Utilities for Spokane County. 2. Water service shall be coordinated through the Director of Utilities for 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 shall be made available for the project and individual service provided to each building. The use of individual on -site sewage disposal systems will not be authorized. 5. The use of private wells and water systems is prohibited. SPOKANE COUNTY DIVISION OF UTILITIES 1. A wet (live) sewer connection to the area -wide public sewer system shall be constructed. A sewer connection permit is required. Commercial developments shall submit historical and/or estimated water usage prior to the issuance of the connection permit in order to establish sewer fees. 2. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of the sewer construction permit. 3. Arrangements for payments of applicable sewer charges shall be made prior to issuance of sewer connection permit. 4. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 5. Stormwater Utility: The applicant shall indicate the location of grassed infiltration area swales on the drainage plans submitted for the project. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1. All air pollution regulations must be met. See SCAPCA memorandum dated 7-29-98 in County Division of Building and Planning File No. ZE-6-98. WASHINGTON STATE DEPARTMENT OF ECOLOGY 1. Wash water from equipment washing at equipment rental facilities, such as the current project, commonly contain significant amounts of sediment, oil and grease that can cause plugging of sewer lines and interference at waste water facilities. The applicant shall contact the Spokane County Division of Utilities, regarding Spokane County's and the City of Spokane's pretreatment program, prior to construction or use of the property as proposed, for guidance on pretreatment requirements. HE Findings, Conclusions and Decision ZE-6-98 Page 12 • • WASHINGTON STATE DEPARTMENT OF TRANSPORTATION 1. Any signage visible to Interstate 90 shall comply with the State and Federal Scenic Vistas Acts. If any such signage is to be installed, the applicant is requested to contact Andy Schenk at the WSDOT Traffic Office for more information, at (509) 324-6551. DATED this 3rd day of December, 1998. SPOKANE COUNTY HEARING EXAMINER „,( Mich NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution Nos. 96-0171 and 96-0632, the decision of the Hearing Examiner on an application for a zone reclassification and accompanying SEPA determination is final and conclusive unless within ten (10) calendar days from the Examiner's written decision, a party of record aggrieved by such decision files an appeal with the Board of County Commissioners of Spokane County, Washington. However, RCW 36.70B.110 (9) indicates that administrative appeals of county land use decisions and SEPA appeals shall be filed with the board of county commissioners within fourteen (14) calendar days of the date of the decision. This decision was mailed by certified mail to the Applicant on December 3, 1998. DEPENDING ON WHICH APPEAL PERIOD REFERENCED ABOVE LEGALLY APPLIES, THE APPEAL CLOSING DATE IS EITHER DECEMBER 11, 1998 OR DECEMBER 17, 1998. The complete record in this matter, including this decision, is on file during the appeal period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West Broadway Avenue, Spokane, Washington, 99260-0245, (509) 324-3490. The file may be inspected during normal working hours, listed as Monday - Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:00 p.m. Copies of the documents in the record will be made available at the cost set by Spokane County ordinance. HE Findings, Conclusions and Decision ZE-6-98 Page 13