PE-1404-81 & ZE-18-81File No. PE-1404-81
ZE-18-81
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
A. INTRODUCTION
This matter having come before the Examiner Committee on March 26, 1981 and
the members of the Committee present being Kenneth Kennedy, Chairperson,
Kathy Carstens and Jane Myers.
B. PROPOSAL
The sponsor, Allan Simpson, is requesting approval of a preliminary plat and
zone change, PE-1404-81, Simpson's 3rd Addition and ZE-18-81, Agricultural to
Agricultural Suburban and R-1 for subdivision of 2.5 acres into 4 lots for
single family dwellings and there being present, the following applicant or
representative:
ALLAN SIMPSON
FINDINGS OF FACT
1. That the existing land use in the area has one residence and associated
pasture with limited farm activities.
2. That the Comprehensive Plan designates this area as Urban Category.
3. That the existing zoning of the property described in the application is
Agricultural.
4. That the provisions of RCW 43.21C (The State Environmental Policy Act)
have been complied with.
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 proposed use is compatible with existing uses in the area.
8. The Hearing Examiner Committee finds the proposed use is detrimental to
the general purpose or otherwise harmfull to the public health, safety, and
welfare.
9. That the owners of adjacent lands expressed neither approval nor dis-
approval of the proposed use.
10. The following are .additional findings of fact considered by the Hearing
Examiner Committee:
a) That the Agricultural Suburban Zone classification is appropriate for
the 112 acre, Lot 4 of the preliminary plat.
,File No. PE-1404-81
ZE-18-81
D. SPECIAL CONDITIONS OR CONTIGENCIES APPLICABLE TO THIS
SUBDIVISION APPROVAL:
PLANNING CONDITIONS
1. That the plat be designed as indicated on the preliminary plat of record
and/or attached sheets as noted.
2. That a statement be placed in the dedication to the effect that no more
than one dwelling unit be placed on any one lot, nor shall any lot be
further subdivided for the purposes of creating additional lots or building
sites without filing a replat.
3. That appropriate provision be made that the following described property
be held in trust until the continuation of the streets be dedicated or
deeded: A I' strip at the ends or edges of all streets that terminate or
border the plat boundary. (Temporary cul de sacs are required when
streets terminate at the plat boundaries.)
4. That appropriate street names be indicated.
5. That appropriate utility easements be indicated on copies of the approved
preliminary plat for distribution to the Planning Department and the utility
companies. Written approval of the easements by the utility company must
be received prior to the submittal of the final plat.
6. That the plan for water facilities adequate for fire protection be approved
by the water supplier and fire protection district. Said water plan must
also have been approved by the appropriate health authorities. The health
authorities, water supplier (purveyor), and fire protection district will
certify, prior to the filing of the final plat, on the face of said water plan
that the plan is in conformance with their requirements and will adequately
satisfy their respective needs. Said water plan and certification will be
drafted on a transparency suitable for reproduction.
The purveyor will also certify prior to the filing of the final plat on a
copy of said water plan that appropriate contractual arrangements have
been made with the plat sponsor for construction of the water system, in
accordance with the approved plan, and in accordance with a time schedule.
The time schedule will provide, in any case, for completion of the water
system and inspection by the appropriate health authorities prior to appli-
cation for building permits within the plat. The contractual arrangements
will include a provision holding Spokane County and the purveyor harmless
from claims by any lot purchaser refused a building permit due to the
failure of the plat sponsor to satisfactorily complete the approved water
system.
The plat dedication will contain a statement to the effect that the public
water system as approved by County and State Health authorities and the
local fire district and purveyor will be installed within this plat, and the
subdivider will provide for individual domestic water service as well as fire
protection to each lot prior to sale of each lot.
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File No. PE-1404-81
ZE-18-81
7. That a certificate of title be furnished the Planning Department prior to
the filing of the final plat.
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
0� #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. That a name be indicated before the final plat is filed; such name to be
approved by the County Assessor and the Planning staff.
g-
0 10. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA Guidelines
(WAC 197-10) and the Spokane County Environmental Ordinance (SCEO), a
proposed declaration of non -significance has been issued at least fifteen
(15) days prior to this date; the official file, written comments and/or
public testimony contain information regarding assessment of the proposal's
adverse impacts to the phusical environment; a finding is hereby made that
no potentially significant adverse impacts upon the physical environment
are anticipated as a result of this project; and a final declaration of non -
significance is hereby to be issued.
C\f 11. There will be no phasing of the project, and the plat will be finalized in
its entirety unless approved by the Subdivision Administrator.
12. That the preliminary plat be given conditional approval to April 1, 1983, a
time extension public hearing before the Hearing Examiner Committee may
be required after one year if new conditions are recommended because of
an administrative review by agencies of jurisdiction. The project sponsor
is responsible for requesting an Extension of Time prior to April 1, 1983.
13. That upon filing of the final plat, the zoning be reclassified to R-1 and
Agricultural Suburban on Lot 4 of the preliminary plat.
14. Prior to finalization of the subdivision, provisions shall be made for vaca-
tion of the one foot strip on Baldwin Avenue which should be done with
the final plat hearing.
ENGINEER CONDITIONS
1. That the proposed plat is subject to the provisions of Spokane Board of
County Commissioners Resolution #80-1592 as amended.
2. That drainage plans and design calculations showing the alignment of
drainage facilities be submitted to the County Engineer for approval prior
to construction and/or the filing of the final plat. Drainage plans to be
prepared under the direction of a licensed Professional Civil Engineer.
3. That individual driveway access permits be required prior to issuance of a
building permit for driveway approaches to the County road system.
4. No direct access be allowed from Lot three to Barker Road.
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File No. PE-1404-81
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5. Existing County roads providing direct access to the plat shall be paved
and curbed to the standards of the County Engineer; curbed on plat side
of road.
6. Public Road Standard TYPICAL Roadway Section:
Section Number 1 For Barker Road Minimum Paving width Major Arterial
Std.
7. That the owner, his grantees and assigns agree to participate in and not
oppose or protest a future Road Improvement District or County Road
Project on Barker Road to satisfy the requirements of the County paving
policy. This condition may be rescinded if the County Engineer determines
that paving and/or curbing is necessary for control and disposal of storm
water runoff.
HEALTH CONDITIONS
1. The final plat shall be designed as indicated on the preliminary plat of
record and/or attached sheets as noted.
2. Appropriate utility easements shall be indicated on copies of the prelimin-
ary plat of record for distribution by the Planning Department to the
utility companies, County Engineer, and Spokane County Helath District.
Written approval of the easements by the utility company must be received
prior to the submittal of the fianl plat. (Note: the first sentence is super-
fluous if the easements are shown on the preliminary map as required by
Ordinance Chapters 5 and 6.
3. Prior to filing of the final plat, the sponsor shall present evidence that
the plat lies within the recorded service area of the water system proposed
to serve the plat. The dedicatory language on the plat shall state: "Use
of private wells and water systems is prohibited."
4. A plan for water facilities adequate for domestic use, domestic irrigation
use and fire protection use shall be approved by the water supplier. Said
water plan must have been approved by the fire protection district and the
appropriate health authorities. The health authorities, water supplier
(purveyor), and fire protection district will certify, prior to the filing of
the final plat, on the face of said water plan that the plan is in conform-
ance with their requirements and will adequately satisfy their respective
needs. Said water plan and certification will be drafted on a transparency
suitable for reproduction.
5. The purveyor will also certify prior to the filing of the final plat on a
copy of said water plan that appropriate contractual arrangements have
been made with the plat sponsor for construction of the water system, in
accordance with the approved plan, and in accordance with a time schedule.
The time schedule will provide, in any case, for completion of the water
system and inspection by the appropriate health authorities prior to appli-
cation for building permits within the plat. The contractual arrangements
will include a provision holding Spokane County, Spokane County Health
District and the purveyor harmless from claims by any lot purchaser
refused a building permit due to the failure of the plat sponsor to satisfac-
torily complete the approved water system.
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rile No. PE-1404-81
ZE-18-81
6. The plat dedication will contain a statement to the effect that: "The
public water system as approved by County and State Health authorities
and the local fire district and purveyor will be installed within this plat,
and the subdivider will provide for individual domestic water service as
well as fire protection to each lot prior to sale of each lot."
7. Sewage disposal method shall be as authorized by the Director of Utilities,
Spokane County.
8. The dedicatory language of the plat will state that: "Subject to specific
application approval and issuance of permits by the Health Officer, each
lot is authorized the use of an individual on -site sewage system."
9. An individual on -site sewage system will not be authorized until Lot 3 has
been properly abandoned in accordance with the requirements of the State
Department of Ecology, and that agency has certified to the Health District
that the well has been properly abandoned.
10. Water service must be coordinated through the Director of Utilities, Spokane
County.
11. Water service shall be by an existing public water supply when approved
by the Regional Engineer (Spokane), State Department of Social and Health
Services.
UTILITY CONDITIONS
1. Pursuant to the Board of County Commissioners Resolution #80-0418, the
use of on -site sewer disposal systems is hereby authorized. This authoriza-
tion 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.
2. The owner, his heirs and successors shall join and participate in any
petition or resolution which purpose is the formation of a utility local
improvement district (ULID) pursuant to RCW Chapter 36.94, as amended.
The owner, his heirs and successors shall further agree not to oppose or
protest any legal assessments for any utility local improvement district
(ULID) established pursuant to RCW Chapter 36.94, as amended.
3. Any water service for this project shall be provided in accordance with the
Coordinated Water System Plan for Spokane County.
BUILDING AND SAFETY DEPARTMENT
1. Recommend approval with condition that prior to development of this prop-
erty, that an engineered water distribution system plan shall be submitted
to the Spokane County Department of Building and Safety. This distribu-
tion plan shall include water main size, flows, locations, fire hydrant type
and locations, water storage tanks size, and location and design criteria.
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File No. PE-1404-81
ZE-18-81
E. ORDER
The Hearing Examiner Committee, pursuant to the aforementioned, finds that
the application of Allan Simpson for a preliminary plat and zone change, Simpson's
3rd Addition as described in the application should be approved as modified.
C -s 37'1
Motion by: Myers Seconded by: Carstens
Vote: Unanimously to Approve (3-0)
HEARING EXAMINER COMMITTEE
ATTEST:
Cha}Mperson
/
1
WALLIS D. HUBBARD
Planning Director
By: M�Mw
Date:-0�10-81
6
N0.81 0914
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON.
PE-1404-81
IN THE MATTER OF FILING THE FINAL )
PLAT OF SIMPSON'S 3RD ADDITION )
LOCATED IN SECTION 7, TOWNSHIP 25N,) RESOLUTI 0 N
RANGE 45 E.W.M., SPOKANE COUNTY; )
WASHINGTON.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,
.WASHINGTON, that the Final Plat .of
SIMPSON'S 3RD ADDITION .
Stock 22 oti P.Cat "A" Gteenaenea Itn.igat.ion D.iztnd.c.t az neconded .in Vo!.ume
"E" o6 Ptatz, page 21 .in Spokane County, Wa4hington. EXCEPT that pon..ion
tying Nort-h o6 the 6o.C.Cow.ing de4cn.ibed tine: Begin at a point on the East
tine o6 4a.id Stock 210.7 6t. South o6 the NE cornet 06 daid B.Cock; .h. W.y
to a point on the bleat tine o6 4ctd Stock 201 6t. South 06 the NW cotnen
06 za.cd Stock. ALSO EXCEPT "Siimpson's F.inz.t Addition .to Gneenacne»" ab
neconded .in Vo.€um.e 14 o6 P.Cat.4, page 79 .in Spokane County, Washington.
ALSO EXCEPT "SLmp4on'4 Second Addition .to Gneenacneo" a. neconded .in
.Volume 15 o6 P.Cat4, page 64 .in Spokane County, Washington; .Coca-ed .in the
S 1/2 of Section 7, TownbhLp 25N, Range 45 E.W.M.,Spohane County, WA.
z o r /vo /,v /.2CL. /M/A/40e#' Pz.4 r- 54,01c 4s
oil CM//44_ pz 47--
Z49 e 7 .4 5
more precisely described in the plat dedication, on the recommendation
of the Spokane County Hearing Examiner Committee, be, and the same hereby
is approved, with the exception that the public rights of way dedicated
in this plat will not be established for maintenance purposes until the
County Engineer has certified that the roads have been improved to County
standards and approved by a separate resolution of the Board of County
Commissioners.
PASSED BY THE BOARD THIS
ATTEST:
VERNON R. OHLAND
C 1 f Board
By:
1 DAY OF
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON