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SP-88-551 & VE-47-88SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS & ORDER DATE: August 18, 1988 RE: Preliminary Short Plat with Variance SP-88-551 VE-47-88 1. The proposal is to divide approximately 55,000 sq. ft. into 2 lots for an existing Bank, Office and Daycare facility. The variance is to allow a daycare to remain on a parcel of land having 30' feet of continuous public road frontage, whereas Section 4.09.060 of the Spokane County Zoning Ordinance requires 125' feet of continuous public road frontage. Access is proposed by means of a 30' foot wide ownership strip extending westerly from Sullivan Road to the site. 2. Located on the east side of Sullivan Road where it intersects with Springfield Avenue approximately 300' feet south of Broadway Avenue in Section 13, Township 25 North, Range 44 E.W.M., Spokane County, Washington. 3. We find that the item has been properly advertised in accordance with state and local regulations. 4. We have considered and evaluated the information and conditions contained in the Planning Report for this proposal. 5. The Comprehensive Plan designates this area as Major Commercial and the proposal appears generally consistent with the density and use guidelines of this category. 6. That we believe the proposal is compatible with existing uses in the area. 7. We note that no owners of adjacent and nearby property spoke to the proposal. 8. There are special circumstances applicable to the property which when combined with the standards of the Zoning Ordinance, create practical difficulties for the use of the property and/or deprive the property of rights and privileges common to other properties in the vicinity and similar zone classifications. The land -locked nature of the parcel qualifies as a special circumstance. 9. Granting the variance will be neither materially detrimental to the public welfare nor injurious to property or improvements in the vicinity and zone. 10. A strict application of the zoning standards would create an unreasonable burden in light of the purpose to be served by the standards. 1 1 . That we approve the recommended changes in the conditions of approval presented at the public hearing. In accordance with these findings, We move that the application of SP-88-551 and VE-47-88 be APPROVED in accordance with these Findings and Conditions of Approval noted in the Planning Report of August 18th, 1988. 8-88 HEC Findings SP-88-551 and VE-47-88 Page 2 DECISION AND ORDER VOTE: 2-0 to APPROVE IN REFERENCE TO THE ATTACHED FINDINGS & ORDER. THE HEARING EXAMINER COMMITTEE ADOPTS THE FOLLOWING CONDITIONS OF APPROVAL ATTACHED HERETO: PLANNING DEPARTMENT CONDITIONS: 1. That the below listed conditions of all Departments and Agencies are binding upon the applicant, owner(s) of the property, heirs, successors or assigns. 2. The preliminary plat of record approval is for the property legally described in the application for this proposal. 3. That the Final Plat be designed substantially in conformance with the preliminary plat of record as legally described and advertised but only apply to the Burley ownership. No increase of density or lot number shall occur without a new application submittal and approval. 4. The Spokane County Subdivision Administrator shall review any proposed Final Plat to insure compliance with the Findings and Conditions of Approval. 5. That the preliminary plat be given conditional approval for three (3) years to September 1st, 1991. The applicant may request an Extension of Time by submitting a written request forty-five (45) days prior to the above expiration date. 6. That a Final Plat number be indicated before the final plat is filed; such number to be approved by the County Planning Director/Designee. 7. That appropriate road names be indicated on the plat. 8. That appropriate utility easements be indicated on copies of the proposed final plat. Written approval of said utility easements by said utility companies must be received with the submittal of the final plat. 9. That 3 current certificates of title be furnished the County Planning Department prior to filing the final plat. 10. The final plat map shall indicate by a clear dashed line, the required setbacks from all private, tract x or public roads. the dedication shall contain a statement that: "Side yard and rear yard setbacks shall be determined at the time building permits are requested. The setbacks indicated on this subdivision may be varied from if proper zoning approvals are obtained." 8-88 NEC Findings SP-88-551 and VE-47-88 Page 3 1 1 . That a plan for water facilities adequate for domestic service and fire protection be approved by the water supplier, fire protection district, Spokane County Building & Safety Department and County health authorities. The agencies will certify on the WATER PLAN, prior to the filing of the final plat or any phase of the preliminary plat that the plan is in conformance with their respective needs and regulations. The WATER PLAN and certification will be drafted on a transparency suitable for reproduction and be signed by the plat sponsor. Letters stating adequate services for water are already available to the site from the fire district and water purveyor may be substituted for the Water Plan. 12. The purveyor will also certify on the Water Plan that appropriate contractual arrangements and schedule of improvements have been made with the plat sponsor for construction of the water system in accordance with the approved WATER PLAN. The time schedule for improvements will provide for completion of the water system and inspection by the appropriate health authorities prior to application for building permits within the final plat. The arrangements or agreements 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. 13. The final plat dedication will contain the following statement: "The public water system, pursuant the WATER PLAN approved by County and State Health authorities, the local fire district, County Building & Safety Department, and water purveyor, will be installed within this plat, and the subdivider/sponsor will provide for individual domestic water service as well as fire protection to each lot prior to sale of each Lot and prior to issuance of a building permit for each Lot." 14. That no building permit will be issued for any lot within the Final Plat until certified by a Washington State licensed engineer "that the water system has been installed pursuant the approved WATER PLAN for the Final Plat", signed and stamped by said engineer. The certification may be in the form of a letter but is preferred to be certified on a copy of the WATER PLAN as a schematic map showing the "As Built" water system. 15. That a survey is required prior to the filing of a final plat. 16. That Spokane County Planning Department be required to record with the County Auditor a "Title Notice", as prepared and signed by the applicant, for a future acquisition area for road right of way and utilities to run with the land and said future acquisition area reservation shall not be removed without prior approval by the Spokane County Planning Department. Said notice shall be recorded prior to the issuance of a building permit and shall provide the following: a. 15' feet of future acquisition area for road right of way and utilities, along Sullivan Road. b. That building and other setbacks required by the Spokane County Zoning Code shall be measured from the easterly edge of the 15' foot wide future 8-88 HEC Findings SP-88-551 and VE-47-88 Page 4 acquisition area reserved for road right of way and utilities along Sullivan Road. c. The following minimum improvements necessary to support the use within the zone classification as required by the Spokane County Zoning Code standards shall not be located within the Future Acquisition Area. 1. Landscaping 2. Surface drainage 3. Drainfields 4. Parking d. The 15' feet future acquisition area, until acquired by Spokane County, shall be private property and may be used as allowed in the zone, except any improvements (such as landscaping, parking, surface drainage, drainfields, signs or othes) shall be considered "interim" uses. The property owner shall be responsible for relocating any additional "interim" improvements at the time Spokane County makes roadway improvements after acquiring said future acquisition area. e. This "title notice' shall be signed by the applicant to serve as official notice and acknowledgement of said future acquisition area for road right of way and utilities. COUNTY ENGINEER'S CONDITIONS 1 . That conditional approval of the plat is given by the County Engineer. 2. Existing County roads providing direct access to the plat shall be paved and curbed to Spokane County standards. 3. To construct the road improvements stated herein, the applicant may, with the approval of the County Engineer, join in and be a willing participant in any petition or resolution which purposes is the formation of a Road Improvement District (RID) for said improvements pursuant to RCW 36.88, as amended. At such time as an RID is created or any Road Improvement Project is sanctioned by Spokane County, the improvements required (curb, sidewalk, drainage control and paving to existing pavement) will be at the sole expense of the undersigned owner, their heirs, grantees and assigns. 4. As an alternative method of constructing the road improvement 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 road improvement. At such time as an RID is created or any Road Improvement Project is sanctioned by Spokane County, the improvements required (curb, sidewalk, drainage control and paving to existing pavement) will be at the sole expense of the undersigned owner, their heirs, grantees and assigns. 8-88 HEC Findings SP-88-551 and VE-47-88 Page 5 5. That the following statement be placed in the plat dedication: "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 Road Improvement District (RID) by the petition method pursuant to Chapter 36.88 RCW, which petition includes the owner(s) property, and further not to object, by the signing of a ballot, the formation of a RID by the resolution method pursuant to Chapter 36.88 RCW, which resolution includes the owner(s) property. If a RID is formed by either the petition or resolution method, as provided for in Chapter 36.88 RCW, the owner(s) or successor(s) further agree: (1) that the improvements or construction contemplated within the proposed RID is feasible, (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, further, the owner(s) or 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 petition or resolution method under Chapter 36.88 RCW. 6. The County Engineer has designated Typical Roadway Section Number two, major arterial standard for the improvement of Sullivan Road which is adjacent to the proposed development. This will require the addition of approximately 6' to 8' feet of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. 7. The proposed plat shall be improved to the standards set forth in Spokane County Board of Commissioners Resolution No. 80-1592, as amended, which establishes regulations for roads, approaches, drainage, and fees in new construction. 8. The County Engineer has examined this development proposal and has determined that the impact of this proposal upon the existing County Road System warrants the dedication of additional right-of-way and the roadway improvements herein specified. COUNTY HEALTH DISTRICT CONDITIONS 1. A combined surface water and sewage disposal detailed plan shall be approved by the County Engineer and the Spokane County Health District prior to the issuance of any building permit for this project. 2. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 3. Water service shall be coordinated through the Director of Utilities, Spokane County. 4. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social & Health Services. 8-88 HEC Findings SP-88-551 and VE-47-88 Page 6 5. Prior to filing 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. 6. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane County Health District that the existing on -site sewage disposal system serving the residence located on tract A is wholly located within the boundaries of the tract. 7. Subject to specific application approval and issuance of permits by the Health Officer, the use of individual on -site sewage disposal systems may be authorized. 8. The dedicatory language of the plat will state that: "Subject to specific application approval and issuance of permits by the Health Officer, the use of individual on - site sewage disposal systems may be authorized." 9. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." 10. 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 tract prior to sale of each tract." COUNTY UTILITIES DEPARTMENT CONDITIONS 1. Pursuant to the Board of County Commissioners Resolution No.80-0418, the use of on -site sewer disposal systems is hereby authorized. This authorization is conditioned on compliance with all rules and regulations of the Spokane County Health District and is further conditioned and subject to specific applicaton approval and issuance of permits by the Health District. 2. The dedication shall state: "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 ULID by petition method pursuant to RCW 36.94 which the petition includes the Owner(s) property and further not to object by the signing of a protest petition against the formation of a ULID by resolution method pursuant to RCW Chapter 36.94 which includes the Owner(s) property. PROVIDED, this condition shall not prohibit the owner(s) or successor(s) from objection to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or resolution method under RCW Chapter 36.94". 3. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 4. The dedication shall state: "Each structure with sewage disposal shall be double plumbed for connection to future area -wide collection systems." 8-88 HEC Findings SP-88-551 and VE-47-88 Paae 7 BUILDING & SAFETY DEPARTMENT CONDITIONS 1. Prior to building permit approval by the Building and Safety Department applicable code requirements will have to be met including fire hydrant flow requirements, access roads and permit requirements. Approved on 18th day of August, 1988. Chairperson LA'S.. ADAMS Spokane County Subdivision Administrator THE HEARING EXAMINER COMMITTEE HEREBY ATTESTS TO THE ABOVE FINDINGS AND CONCLUSION AND VOTE. DATE: