ZE-29-96SPOKANE COUNTY HEARING EXAMINER
RE: ZONE RECLASSIFICATION FROM
COMMUNITY BUSINESS (B-2) TO
REGIONAL BUSINESS (B-3)
Applicant: Buster Heitman
File No. ZE-29-96
FINDINGS OF FACT,
CONCLUSIONS AND
DECISION
I. SUMMARY OF PROPOSAL AND DECISION
Proposal: Zone reclassification from Community Business (B-2) to Regional Business (B-3),
on approximately 9.69 acres for those uses allowed in the Regional Business (B-3) zone.
Decision: Approved, subject to conditions.
It. FINDINGS OF FACT AND CONCLUSIONS
The Hearing Examiner has reviewed the zone reclassification application and the evidence
of record and adopts the following findings of fact and conclusions:
A. GENERAL INFORMATION:
Applicant: Buster Heitman, 8205 N. Division, Spokane, WA 99208
Address: Undetermined.
Location: Generally located north of and adjacent to Sprague Avenue and east of Carnine
Road, in the SE 4 of Section 13, Township 25 North, Range 44 EWM, Spokane County,
Washington.
Legal Description: Tract 14 of Vera, according to plat recorded in Book "0" of Plats, Page
30, records of the Spokane County Auditor's Office, Spokane County, Washington; EXCEPT
the North 25.00 feet thereof; ALSO EXCEPTING Right of Way as deeded for Sprague Avenue.
Zoning: Community Business (B-2)
Comprehensive Plan Category: The property is designated in the Major Commercial
category of the Spokane County Generalized Comprehensive Plan. The subject property is also
within the Priority Sewer Service Area (PSSA) and Urban Impact Area (UTA) designated in the
Comprehensive Plan.
Environmental Review: The Division of Building and Planning issued a Determination of
NonSignificance on August 30, 1996.
HE Findings, Conclusions and Decision Page 1
Site Description: The site is approximately nine acres in size, level, vacant and
undeveloped. A preliminary short plat to divide the site into four commercial lots was approved in
May, 1996, in Building and Planning File No. SP-1069-96. The site is bounded by Sprague
Avenue on the north, Carnine Road on the west and Main Avenue on the south. Commercial
property abuts the site to the east.
Surrounding Conditions: Sprague Avenue is identified on the Arterial Road Plan as a Principal
Arterial, with a future right of way width of 130 feet. Carnine Road is an unimproved 20-foot
wide county right of way. Main Avenue is a local access street which extends through to Conklin
Road on the west but will dead-end at the easterly boundary of Armstrong Estates after such plat
has been fully developed. Existing businesses line Sprague Avenue to the west and east. The land
located north of Main Avenue (and Main Avenue extended) in the area is designated within the
Urban category of the Comprehensive Plan, while the land situated south of such line is designated
within the Major Commercial category. The final plat of Armstrong Estates (PE-1679-92),
approved in 1994, lies along the north side of Main Avenue across from the site and has been
partially developed with single-family residences. The property west of the site is zoned Urban
Residential-22 (UR-22) and Community Business (B-2). Along Riverside Avenue and Main
Avenue to the west, the property is developed with single-family residences, while the land
fronting Sprague Avenue to the west is mostly vacant. The side yards of three single-family
residences border the west side of Carnine Road, directly across from the site. The commercial
property to the east is zoned Regional Business (B-3) and B-2.
The applicant also owns Lots that front the north side of Sprague Avenue, between the site
and Conklin Road to the west. The applicant further owns the parcels located at the southwest
and southeast corners of Conklin Road and Sprague Avenue, and is developing the large Shelley
Lake preliminary plat/planned unit development further to the south. The applicant will be paving
Conklin Road south of Sprague Avenue, and is required to install a traffic signal at Conklin Road
and Sprague Avenue as a condition of the Shelley Lake development. Spokane County plans to
widen Sprague Avenue between Sullivan Road west of the site and Tschirley Road east of the site
in the spring of 1988, as indicated in the County's Six Year Arterial Road Plan.
Project Description: No site plan has been submitted for the proposal, but development of the
site would be subject to the development standards of the proposed Regional Business (B-3)
zone. The applicant indicated that the site was the right size and location for a major retailer such
as ShopKo/Kmart/Fred Meyer, but has not committed to such use. A Large Fred Meyer is located
west of the site, at the northeast corner of Sullivan Road and Sprague Avenue. A threshold
traffic study was performed by the applicant for the proposed zone reclassification, which
concluded that development of the site would have no significant impact on neighboring
intersections and proposed no mitigation. The study assumes that the intersection of Conklin
Road and Sprague Avenue will be signalized. The applicant also proposes the extension of public
sewer to the site, most likely by extending a public line from the site along the north side of
Sprague Avenue to Conklin Road, then south across Sprague when such arterial is improved by
the County, then south in Conklin Road to the sewer interceptor.
HE Findings, Conclusions and Decision Page 2
B. PROCEDURAL INFORMATION:
Applicable Zoning Regulations: Spokane County Zoning Code chapters 14.402 and 14.628.
Hearing Date and Location: September 25, 1996, Spokane County Public Works Building,
Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA.
Notices: Mailed: September 5 , 1996 by Elizabeth Larsen
Posted: September 6 , 1996 by Jaryl Weisen
Published: September 6, 1996
Site Visit: September 24, 1996
Hearing Procedure: Pursuant to Resolution No. 96-0171 (Hearing Examiner Ordinance)
and Resolution No. 96-0294 (Hearing Examiner Rules of Procedure).
Testimony:
Louis Webster, Planner II
Spokane County Division of Building and Planning
1026 West Broadway
Spokane, WA 99260-0240
Pat Harper
Spokane County Division of Engineering and Roads
1026 West Broadway
Spokane, WA 99260
Buster Heitman
8205 N. Division
Spokane, WA 99208
Terry Schmike
E. 16712 Valleyway
Veradale, WA 99037
Ann Winkler
W. 707 7th Ave., Suite 200
Spokane, WA 99204
Items Noticed or Incorporated by Reference: Spokane County Comprehensive Plan,
Spokane County Zoning Code, Spokane County Code, Resolution Nos. 96-0171 and 96-0294.
The Findings of Fact, Conclusions and Decision in Building and Planning File No. SP-1069-96,
dated May 6, 1996, are incorporated by reference as part of the record.
C. ZONE RECLASSIFICATION ANALYSIS:
Washington case law generally provides that (1) there is no presumption in favor of a 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
HE Findings, Conclusions and Decision Page 3
relationship to the public health, safety or welfare. Parkridse v. Seattle, 98 Wn.2d 454, 462
(1978); Bjarnson v. Kitsan County 78 Wn. App. 840 (1995). Case law also indicates that a
county's comprehensive plan provides guidance to the hearing body in making a rezone decision.
Spokane County Zoning Code 14.402.020(1)(2), indicates that consistency with the
Comprehensive Plan, detriment to the public welfare and changed circumstances are relevant
considerations when a site -specific rezone is sought. The rezone proposal must also comply with
the Spokane County Zoning Code, the State Environmental Policy Act, the County's Local
Environmental Ordinance, and other applicable land use regulations. Conditions may be imposed
to assure the consistency of the proposal with applicable regulations.
The following findings of fact and conclusions are made:
1. The proposed rezone generally conforms with the Spokane County Generalized
Comprehensive Plan.
A county's comprehensive plan provides guidance to the hearing body in making a rezone
decision. Belcher v. Kitsan County, 60 Wn. App. 949, 953 (1991). Deviation from a
comprehensive plan does not necessarily render a rezone illegal, only general conformance is
required. Bassani v. County Commissioners, 70 Wn. App. 389, 396 (1993).
The site is designated within the Major Commercial category of the Comprehensive PIan.
The Major Commercial (C) Category is intended to provide the opportunity for development of
commercial uses, specifically community and regional shopping centers and commercial uses
directly related to major throughways. Major Commercial areas typically require a full line of
public services and utilities, including public sewer. The Regional Business (B-3) zoning is tended
to implement the Major Commercial category of the Comprehensive Plan, including those policies
which encourage commercial development along Principal Arterials or highways and the
establishment of regional -serving commercial uses. Zoning Code 14.628.100. The proposed
rezone clearly implements such policies, since it is located along a Principal Arterial and B-3 uses
are intended for the site.
The Major Commercial category indicates that commercial developments should be buffered
to protect adjacent areas. Goal 6.1, Objective 6.1.a. Only one person spoke in opposition to the
proposal at the public hearing, contending that insufficient infrastructure was in place to support
the rezone. A petition containing the signatures of several owners of single-family property
located north and east of the site was submitted prior to the public hearing in opposition to the
project. Correspondence was also received from the developer of Armstrong Estates and from
several residents in Armstrong Estates requesting mitigating measures by the applicant, including
requests that the applicant (1) dedicate 20 feet of right of way along the frontage of the property
with Carnine Street, (2) install a six-foot high noise barrier fence of cement block along the
frontage of the site with Main Avenue, as well as landscaping between the wall and Main Avenue,
(3) pave and curb Main Avenue between the site and Armstrong Estates, (4) not install any in/out
driveways on Main Avenue or Carnine Road, (5) install landscaping along the east and west
borders of the site. Such correspondence also expressed concerns over potential impacts from the
site on the adjacent single-family areas, including potential changes in traffic patterns, the location
FEE Findings, Conclusions and Decision Page 4
of businesses with evening hours or of a type that would increase crime or the noise level in the
area, and the location of industrial uses. The Findings of Fact and Conclusions in Building and
Planning File No. SP-1069-96 indicate that similar concerns and requests were expressed
previously by area residents regarding the preliminary short plat application approved for the site
in April, 1996.
Some of the neighborhood's concerns have been addressed in the condition of approval
recommended by commenting public agencies. County Engineering requested that the applicant
add 5-7 feet of asphalt, and install curbing and sidewalk along Main Avenue adjacent to the site.
To prevent the mixing of residential and commercial traffic, County Engineering also requested
that access from the site to Carnine Road or Main Avenue be prohibited, and suggested that
Carnine Road be vacated and used as a utility easement and possible fire access. County
Engineering also requested that the applicant install a traffic signal at Conklin Road and Sprague
Avenue concurrently with the improvement of Sprague Avenue, between Sullivan Road and
Tschirley Road, if a building permit was sought for the site prior to installation of the signal in
conjunction with the Shelley Lake project.
The applicant generally did not oppose the conditions requested by County Engineering, and
expressed a willingness to accommodate the concerns of the residents in Armstrong Estates.
However, the applicant requested flexibility regarding the restriction of access along Main Avenue
and the installation of the requested wall along the north boundary of the site depending on usage
of the site. The applicant testified that a manufactured home sales office/display use might be
located initially on the site, which would tend to have less traffic and impact on the adjacent
single-family areas than other B-3 uses. The applicant also indicated that the commercial uses
allowed under the B-3 and B-2 zones were substantially the same, and that the site would be
developed in an aesthetic and pleasing manner. However, while general retail use is allowed in
both the B-2 and B-3 zones, there are a number of intensive uses that are allowed in the B-3 zone
that are not allowed in the B-2 zone. This includes the uses of automobile/truck painting, repair,
body and fender works; automobile/truck sales; retail building supply; contractor's yard;
hoteUmotel; retail lumberyard; manufactured home sales; large recreational vehicle sales; self-
service storage facility; outdoor theater, truck stop; and warehouse. See Zoning Code
14.623.020. Further, the development standards of the B-3 zone allow somewhat more intensive
commercial development of a site, e.g. maximum building coverage, maximum building height and
signage.
The Comprehensive Plan outlines several techniques for separating or buffering incompatible
uses, including the orientation of structures, spatial separation, landscaping, screening, and
changing density. Major Commercial category, Decision Guidelines 6.1.1, 6.1.2, 6.1.3; Glossary;
definition of "buffering". The B-1 zone in the Major Commercial category and the Urban
Residential-12 zone in the Urban category are used to buffer low density single-family areas from
adjacent, intensive business uses, if arterial access can be provided. Zoning Code 14.620.100,
14.624.100. The development standards of the B-3 zone to some extent implement the buffering
policies and aesthetic development policies of the Major Commercial category; in provisions
relating to required setbacks, maximum building height, landscaping, maximum building coverage,
parking standards and signage standards. See Zoning Code 14.628. However, such provisions
do not always go far enough to protect adjacent single-family properties from the potential noise,
HE Findings, Conclusions and Decision
Page 5
odor, aesthetic and traffic impacts generated by many of the intensive commercial uses allowed in
the B-3 zone. The applicant has not submitted a site plan, which makes it difficult for County
staff and the Hearing Examiner to recommend or impose measures to mitigate specific impacts
from intensive uses that might be placed on the site. The Hearing Examiner could approve the
rezone, subject to the submittal of a detailed site plan for review at a future public hearing at such
time as specific development is proposed for the site. See Zoning Code 14.504.040; Spokane
County Code 1.44.050. This is a very time-consuming and expensive process, and should be used
sparingly. The.Hearing Examiner may also require administrative site plan review by the Division
of Building and Planning, with authority to allow the imposition of additional requirements if
needed to mitigate environmental impacts from site development and to ensure compliance with
the standards of the B-3 zone. See County Code 1.44.050 and Zoning Code 14.408.
Under the circumstances, the Hearing Examiner finds it appropriate to require the installation
and maintenance of a six (6)-foot-high concrete, masonry or decorative block wall, solid
Landscaping, or site -obscuring fence along the north boundary of the site, and the Division of
Building and Planning may also require the same along the east boundary of the site where
adjacent to any single-family lot across Carnine Road. The type of screening shall be determined
by the Division of Building and Planning, depending on the use located in proximity to such
boundaries and its potential impacts on adjoining properties. Twenty (20) feet of Type I
landscaping shall also be required between such screening and the property line. If screening is
not required along the west property line, 20 feet of Type I landscaping shall still be required
adjacent to any single-family lot across Canine Road. Access to Canine Road and Main Avenue
shall also be prohibited, as recommended by County Engineering. The development standards of
the B-3 zone shall otherwise be applicable to development of the site. The Division of Building
and Planning always has the authority to place additional conditions on site development where
necessary to mitigate environmental impacts on adjacent properties. The applicant has the right to
request changes to any required conditions through the change of conditions public hearing
process.
With the above added conditions, it can be found that the proposal generally complies with
the Comprehensive Plan.
2. 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 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).
HE Findings, Conclusions and Decision Page 6
There is sufficient evidence of change in the area since the adoption of the Zoning Code in
1986, and the cross -over zoning of the site to the B-2 zone in 1991, to justify rezoning the site to
the B-3 zone. Considerable growth has occurred in the Spokane Valley east of Sullivan Road,
particularly south of Sprague Avenue and near Liberty Lake. This growth has augmented the
demand for B-3 uses along Sprague Avenue in the vicinity. Earlier in 1996, the Hearing Examiner
approved B-3 zoning across Sprague Avenue from the site in Building and Planning File No. ZE-
11-96. Sprague Avenue west of Sullivan Road and the Sullivan Road corridor north of Sprague
Avenue are becoming saturated with new commercial development, and commercial growth has
been increasing along Sprague Avenue east of Sullivan Road.
3. The proposed rezone bears a substantial relationship and is not detrimental to the public
health, safety and general welfare.
General consistency with a local government's comprehensive plan is relevant in determining
whether a rezone bears a substantial relationship to the public welfare. Bassani at 396-98. As
noted, the proposal generally conforms to the Comprehensive Plan. The proposal will provide
regional business services to the growing population in the south Spokane Valley.
4. The proposed zone chance complies with the provisions of the State Environmental Policy
Act and the Countv's Local Environmental Ordinance.
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. As conditioned, the proposal
will not have more than a moderate effect on the quality of the environment.
5. The proposal as conditioned complies with the Regional Business (B-3) zone, the Spokane
County Zoning Code (SCZC) and applicable land use regulations.
The proposal has been conditioned for compliance with the permitted uses and development
standards of the B-3 zone. Compliance with the B-3 zone and other applicable land use
regulations shall be further determined through the administrative site plan review process. The
Hearing Examiner also finds that the right of way dedications required of the applicant are
roughly proportionate to the impact of the proposal on the County road system.
III. DECISION
Based on the Findings and Conclusion above, the above zone reclassification application is
approved, subject to the conditions of the various public agencies specified below.
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.
HE Findings, Conclusions and Decision
Page 7
SPOKANE COUNTY DIVISION OF BUILDING & PLANNING
The proposal shall comply with the Regional Business (B-3) zone and the Aquifer Sensitive
Area (ASA) Overlay zone, as amended.
Prior to the issuance of a building permit, the applicant shall submit a site development plan
pursuant to Spokane County Zoning Code Chapter 14.408.
3. 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 Spokane County Division of Building 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 Body or Administrative Official on [ ],
imposing a variety of special development conditions. File No. [ ] is available for
inspection and copying in the Spokane County Division of Building and Planning.
Approval is required by the Division Director/designee of a specific lighting and signing
plan for the described property prior to the release of any building permits.
A specific landscape plan, planting schedule and provisions for maintenance acceptable to
the Division Director/designee shall be submitted with a performance bond, or other
suitable guarantee, for the project prior to release of building permits. Landscaping shall
be installed and maintained so that sight distance at access points is not obscured or
impaired.
Direct light from any exterior area lighting fixture shall not extend over the property
boundary.
The applicant shall contact the Division of Building and Planning at the earliest possible
stage in order to be informed of code requirements administered/enforced as authorized by
the State Building Code Act. Design/development concerns include: Addressing, fire
apparatus access roads, fire hydrant/flow, approved water systems, building accessibility,
construction type, occupancy classification, exiting, exterior wall protection, and energy
code regulations. (Note: The Division of Building and Planning reserves the right to
confirm the actual address at the time of building permit.)
8. A six (6)-foot-high concrete, masonry or decorative block wall, solid landscaping, or site -
obscuring fence shall be provided and maintained along the north boundary of the property;
and such screening shall also be required at the discretion of the Division of Building and
Planning along the west boundary line of the site across Carnine Street from any single-family
lots. The type of such screening shall be determined by the Division of Building and Planning
HE Findings, Conclusions and Decision Page 8
based on the type of use located in proximity to such boundary and the impacts generated on
nearby single-family properties. Twenty (20) feet of Type I landscaping shall also be installed
between such screening and the property line. If screening is not required along the west
boundary of the site across Camine Street from any single-family lot, 20 feet of Type I
landscaping shall still be installed along such boundary across from such single-family lot.
SPOKANE COUNTY DIVISION OF ENGINEERING
Access permits for approaches to the County Road System shall be obtained from the County
Engineer.
Applicant shall submit for approval by the Spokane County Engineer road, drainage and
access plans.
3. 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
4. To construct the roadway improvements stated herein, the applicant may, with the approval of
the County Engineer, Join in and be willing to participate in any petition or resolution which
purpose is the formation of a Road Improvement District (RID) for said improvement
pursuant to RCW 36.88, as amended. Spokane County will not participate in the cost of these
improvements. This provision is applicable to Sprague Avenue, Main Avenue.
As an altemative method of constructing the road improvements stated herein, the applicant
may, with the approval of the County Engineer, accomplish the road improvements stated
herein by joining and participating in a County Road Project (CRP) to the extent of the
required improvement. Spokane County will not participate in the cost of these improvements.
This provision is applicable to Sprague Avenue and Main Avenue.
The construction of the roadway improvements stated herein shall be accomplished as
approved by the Spokane County Engineer.
The County Engineer has designated a Special Roadway Section for the improvement of
Sprague Avenue which is adjacent to the proposed development. This will require the
installation of varying amounts of asphalt along the frontage of the development. Curbing and
sidewalk must also be constructed.
8. The County Engineer has designated a Local Access Roadway Section for the improvement of
Main Avenue which is adjacent to the proposed development. This will require the addition of
approximately 5-7 feet of asphalt along the frontage of the development. Curbing and
sidewalk must also be constructed.
HE Findings, Conclusions and Decision Page 9
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.
10. Access to Carnine and Main Avenue shall be prohibited until such time as specifically
authorized by the Spokane County Engineer.
11. Roadway standards, typical roadway sections and drainage plan requirements are found in
Spokane Board of County Commissioners resolution 95-0498 as amended and are applicable
to this proposal.
12. 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.
13. No 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 or improvements shall be filed with the County Engineer.
14. Applicant shall sign "Spokane County Notice to the Public Number 6", which specifies the
following:
The owner(s) or successor(s) in interest agree that in consideration of Mutual
Benefits now or to be hereafter derived, do for themselves, their heirs, grantees,
assigns and successor(s) in interest hereby request and authorize Spokane County
to include the above described property in a Road Improvement District (RID) and
to support the formation of a Road Improvement District for improvement of the
road(s) described below by requesting and authorizing Spokane County to place
their name(s) on a petition for the formation of a Road Improvement District
pursuant to RCW 36.88.050, or by requesting and authorizing Spokane County to
cast their ballot in favor of a RID being formed under the resolution method
pursuant to RCW 36.88.030, and/or by not filing a protest against the formation of
a RID being formed under the alternative resolution method provided for in RCW
36.88.065 and Chapter 35.43 RCW.
If a RID is proposed for improvement of the road(s) described below, said
owner(s) and successor(s)further agree: (1) that the improvements or construction
contemplated within the proposed RID are feasible and (2) that the benefits to be
derived from the formation of the RID by the property included therein, together
with the amount of any County participation, exceeds the cost and expense of
formation of the RID, and (3) that the property within the proposed RID is
sufficiently developed; provided, themselves, their heirs, grantees, assigns and
successor(s) shall retain the right, as authorized under RCW 36.88.090, to object
to any assessment(s) on the property as a result of the improvements called for in
conjunction with the formation of a RID by either the petition or resolution
HE Findings, Conclusions and Decision Page 10
method under Chapter 36.88 RCW and to appeal to the Superior Court the
decision of the Board of County Commissioners confirming the final assessment
roll; provided further, it is recognized that actual assessments may vary from
assessment estimate so long as they do not exceed a figure equal to the increased
true and fair value improvement(s) add(s) to the property.
It is further acknowledged and agreed that at such time as a RID is created or any
County Road Improvement project is authorized by Spokane County, the
improvements required shall be at the sole expense of the owner(s) of property
within the RID or served by the improvements without any monetary participation
by Spokane County.
The RID waiver contained in this agreement shall expire after ten (10) years from
the date of execution below. This provision is applicable to Main Avenue and
Sprague Avenue.
15. The County Arterial Road plan identifies Sprague Avenue as a Principal Arterial. The
existing right of way width of 85 feet is not consistent with that specified in The Plan. In
order to implement the Arterial Road Plan it is recommended that in addition to the
required right of way dedication, a strip of property 10 feet in width along the Sprague
Avenue frontage be set aside in reserve. This property may be acquired by Spokane
County at the time when Arterial' Improvements are made to Sprague Avenue.
16. The applicant should be advised that there may exist utilities either underground or
overhead affecting the applicants property, including property to be dedicated or set aside
future acquisition. Spokane County will assume no financial obligation for adjustments or
relocation regarding these utilities. The applicant should check with the applicable utilities
and Spokane County Engineer to determine whether the applicant or utility is responsible
for adjustment or relocation costs and to make arrangements for any necessary work.
17. The applicant shall grant applicable border easements adjacent to Spokane County Right of
Way per Spokane County Standards.
18. A traffic analysis has been done for this land use proposal. Based on information from the
study, a traffic signal shall be constructed by the applicant at Conklin and Sprague Avenue.
Spokane County will be improving Sprague Avenue from Sullivan Road to Tschirley Road
beginning in the spring of 1998. The applicant shall construct the signal concurrently with this
construction. The Shelley Lake Estates a plat approved south of Sprague Avenue also has the
responsibility to construct a traffic signal at Conklin Road. Based on information in the study
warrants are now being met at this intersection if any new final plats are done for this plat it
would be the developers responsibility to construct the signal. Should the applicant move
ahead to seek a building permit for this commercial rezone adequate surety shall be provided
to insure the construction of the signalization.
HE Findings, Conclusions and Decision Page 11
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. All air pollution regulations must be met (see memos from SCAPCA dated August 29,
1996 and September 4, 1996).
SPOKANE COUNTY HEALTH DISTRICT (ENVIRONMENTAL)
1. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
2. 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. Use of private wells and water systems is prohibited.
5. A public sewer system will be made available for the project and individual service will be
provided to each building.
SPOKANE COUNTY DIVISION OF UTILII ILS
1. A Covenant Agreement shall be signed stating; 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
ULID by petition method pursuant to RCW 36.94 which the petition includes the
Owner(s) property and further not to object by signing of a protest petition against the
formation of a ULID by resolution method pursuant to RCW 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 ULID by either petition or
resolution under RCW 36.94.
A wet (live) sewer connection to the area -wide Public Sewer System is to be constructed.
Sewer connection permit is required.
Applicant is required to sign a Sewer Connection Agreement prior to issuance of permit to
connect.
Applicant shall submit expressly to Spokane County Utilities Department "under separate
cover," only those plan sheets showing sewer plans and specifications for: Public Sewer
Connections and Facilities for review and approval prior to the finalization of the project
and or the issuance of permit to connect.
Security shall be deposited with the Utilities Department for construction of Public
Sewer Connections and Facilities prior to the finalization of the project and or the issuance
of the permit to connect to the Public Sewer System.
HE Findings, Conclusions and Decision Page 12
Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
DATED this 26t,day of October, 1996.
SPOKANE COUNTY H H ARE% EXAMINER
Michael C. Dempsey, WSBA n82.i5
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 change of conditions and associated 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 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. Depending on which
appeal period is applicable, the appeal closing date is November 8, 1996 or November 13, 1996.
Appeal procedures are otherwise set forth in County Resolution Nos. 96-0632 and 96-0171,
and include the payment of an appeal fee of $225 as well as paying for production of a transcript and
copies of the official record. The Board will hold a closed record hearing. Following the closed
record hearing, the Board may affirm, reverse, modify, or remand the matter to the Hearing
Examiner.
Prior to appeal, the complete project file, including this decision, is available for review at the
office of the Spokane County Hearing Examiner. Copies of the file and electronic recording of the
public hearing conducted by the Hearing Examiner will be made available at the cost provided by
County resolution or ordinance. The office hours of the Spokane County Hearing Examiner are
generally Monday through Friday, between the hours of 8:00 a.m. and 4:30 p.m. Following any
appeal, the record will be filed with the Board of County Commissioners and may be inspected at
such office during normal business hours.
(This Decision was mailed by Certified Mail to the Applicant on October 30, 1996)
HE Findings, Conclusions and Decision Page 13
NOTICE OF RIGHT TO APPEAL
Pursuant to Spokane County Resolution No. 96-0171, the decision of the Hearing Examiner on an
application for a change of conditions is final and conclusive unless within ten (10) days from the
issuance of the Examiner's decision, a party of record files an appeal with the Board of County
Commissioners. The Board shall hold a closed record hearing under procedures to be adopted by
the Board. Following the closed record hearing, the Board may affirm, reverse, modify, or remand
the matter to the Hearing Examiner. The date of issuance of the decision is three days after it is
mailed, as provided in chapter 36.70C RCW.
(This Decision was mailed by Certified Mail to the Applicant on October 30, 1996)
HE Findings, Conclusions and Decision Page 14