ZE-8-01SPOKANE COUNTY HEARING EXAMINER
RE: Zone Reclassification from the UR-3.5 ) FINDINGS OF FACT,
and I-2 Zoned to the I-2 Zone; ) CONCLUSIONS OF LAW,
Applicant: Mutual Materials, Inc. ) AND DECISION
File No. ZE-8-01 )
This matter coming on for public hearing on September 26, 2001, the Hearing Examiner,
after review of the zone reclassification application and the entire record, hereby makes the
following findings of fact, conclusions of law and decision:
I. FINDINGS OF FACT
1. The application requests a rezone of 7.3 acres of land from the Urban Residential-3.5
(UR-3.5) and Light Industrial (I-2) zones to the Light Industrial (I-2) zone, for those uses
allowed in the I-2 zone.
2. The site is generally located north of and adjacent to Trent Avenue (State Route 290),
southwest of and adjacent to the intersection of Elizabeth Road and Montgomery Avenue, west
of Bradley Road, in the SE 1/4 of Section 12, Township 25 North, Range 43 EWM, Spokane
County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 35124.0903,
35124.0905 and 35124.0906.
4. The applicant and the owner of the site is Mutual Materials, Inc., c/o Phil Antunes, P. O.
Box 2009, Bellevue, WA 98009.
5. The Hearing Examiner heard the application pursuant to the County Hearing Examiner
Ordinance (County Resolution No. 96-0171) and the County Hearing Examiner Rules of
Procedure (County Resolution No. 96-0294).
6. The requirements for notice of public hearing were met.
7. The Hearing Examiner conducted a site visit on September 25, 2001.
8. A public hearing was held on the proposed rezone on September 26, 2001.
9. The following persons testified at the public hearing:
Deanna Walter
Division of Planning
1026 West Broadway
Spokane, WA 99260-0240
Greg Baldwin
Division of Engineering and Roads
1026 West Broadway
Spokane, WA 99260
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Phil Antunes
2319 27th Place SE
Auburn, WA 98002
Catherine Kane
2403 North Elizabeth
Spokane, WA 99212
Mark Shollenberger
2205 North Bradley
Spokane, WA 99212
George Beamer
1317 South Progress Road
Veradale, WA 99037
10. The County Division of Planning issued a Determination of Nonsignificance for the project
on September 7, 2001.
11. The Hearing Examiner takes notice of the County Comprehensive Plan, the County Arterial
Road Plan maps, the County Zoning Code, other applicable development regulations, and land
use decisions in the vicinity.
12. The record includes the documents in the project file at the time of the public hearing, the
documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
13. The site is approximately 7.3 acres in size, and is relatively flat in topography. The site is
generally rectangular in shape, except for a narrow neck that extends southerly from the
southeast corner of the subject property to Trent Avenue (SR-290), and except for the northeast
corner of the site adjacent to the intersection of Montgomery Avenue and Elizabeth Road. The
site is undeveloped, and is covered by native grasses or weeds. Some concrete blocks are found
in the northeast corner of the subject property. An existing driveway extends through the neck of
the site to Trent Avenue (SR-290), and extends westerly into the adjacent parcel to the north in a
circular pattern.
14. A 6-foot high chain link fence currently extends along the north and east property lines of
the site, which fencing cuts diagonally across the northeast corner of the property; along the west
boundary of the north end of the subject property; along the south boundary of the main portion
of the site, and across the neck of the site. Some rock piles and a graveled area are found in the
south end of the main body of the site. Railroad tracks extend northwesterly from the applicant's
adjacent property to the south through the southwest corner of the main body of the subject
property.
15. The applicant owns County Assessor's tax parcel no. 35124.0907, which lies directly
between the subject property and Trent Avenue (SR-290). Such parcel is zoned I-2, and is
currently used as a sales, storage and distribution facility by the applicant. The parcel is
developed with an industrial use, and contains an office, septic tank and a large storage building.
The chain link fence on the current site extends into such adjacent parcel.
16. The north end of the site is zoned Urban Residential-3.5 (UR-3.5), and the remainder of
the site is zoned Light Industrial (I-2). This zoning was established on January 1, 1991, pursuant
to a countywide rezoning effort under the Program to Implement the County Zoning Code. See
County Resolution No. 85-0900. Prior to this date, these portions of the site were respectively
zoned Agricultural Suburban and Restricted Industrial, under the now expired County Zoning
Ordinance.
HE Findings, Conclusions and Decision
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17. The site plan of record submitted on May 3, 2001 illustrates the improvements on the site
and the applicant's adjacent ownership. The site plan illustrates relocation to the north of the
existing chain -link fence located along the south border of the main body of the site. A
landscape planting plan dated April 20, 2001 illustrates 20-feet of Type I landscaping and a
6-foot high, sight -obscuring, chain -link fence along the north and east borders of the main body
of the subject property, as well as the composition of the landscaping materials. A sketch
submitted by the applicant on August 13, 2001 illustrates the location of the existing chain -link
fence at the northeast corner of the site, in relation to the paved surface of the curve connecting
Montgomery Avenue and Elizabeth Road. The sketch also shows the concrete blocks located
between the chain link fence and Elizabeth Road.
18. The environmental checklist submitted with the application states that the purpose of the
rezone is to allow expansion of the applicant's existing business onto the site, which would be
done in stages. The checklist indicates that this may include the storage of brick and block
products. The checklist further indicates that the site will be graded and filled to make the site
level. No buildings are planned for the initial phase of development. The checklist indicates that
use of the site would generally be confined to the hours between 6:30 a.m. and 5:00 p.m.
19. The site is designated in the Industrial category of the Spokane County Generalized
Comprehensive Plan. The site and area are also located inside the Spokane City Fringe Area,
Town of Millwood Influence Area, Priority Sewer Service Area, Urban Impact Area and Aquifer
Sensitive Area designated in the Plan.
20. The site and area are located inside the interim urban growth area boundaries designated by
the County pursuant to the State Growth Management Act.
21. The Industrial category of the Comprehensive Plan is designated west of Elizabeth Road
and south of Montgomery Road in the vicinity. The Urban category is designated east of
Elizabeth Road and north of Montgomery Road.
22. The City of Spokane lies approximately .2 miles north/northwest of the site at its closest
point. The Town of Millwood lies approximately one (1) mile east/northeast of the site. A
railroad line extends along the south side of Rutter Avenue to the north.
23. The County Arterial Road Plan designates Rutter Avenue to the north as a Minor Arterial,
and Fancher Road to the west as a Principal Arterial. Trent Avenue (SR-290) to the south is a 5-
lane state highway, including center turn lane. Elizabeth Road, Montgomery Avenue and
Bradley Road are Local Access roads.
24. The land located north and east of the main body of the site is zoned UR-3.5 and developed
with single-family homes. The land lying northwest and west of the site is zoned I-2 and is
developed with light industrial uses. The land lying east of the neck of the property is zoned
Regional Business (B-3) and is developed with commercial uses along Trent Avenue (SR-290).
25. The Staff Report sets forth applicable policies of the Industrial category. In addition,
Decision Guideline 7.1.3 recommends that large or medium scale industrial sites in the Industrial
category be directly accessible to major traffic corridors and should not overload or congest such
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routes. Such policy also recommends that the number of driveway or ingress access locations
onto such corridors. Decision Guideline 7.1.4 recommends that industrial proposals conform to
applicable water, sewer, utility and transportation policies of the County; and mitigate adverse
impacts on water, sewer, utilities and transportation facilities.
26. The Staff Report sets forth applicable policies of the Spokane City Fringe Area section of
the Comprehensive Plan, and regarding the Town of Millwood Influence Area. Objective 30.1.a
of the City Fringe Area recommends that the present residents of the Fringe Area be provided a
quality of life by using the Comprehensive Plan as a primary tool for guiding development.
Decision Guideline 30.1.4 of the City Fringe Area indicates that urbanization and development
of vacant areas and rehabilitation of existing older areas should be permitted when consistent
with City and County planning policies relating to utility services, open space and alternative
living arrangements.
27. The Transportation section of the Comprehensive Plan contains the Arterial Road Plan and
policies relating to the development of designated County Arterials and Local Access roads, as
well as development along such routes. The Transportation section encourages an adequate,
efficient, safe, economical and energy -conserving arterial system; one which provides convenient
access to homes, employment, shopping, personal business and recreation. Decision Guideline
21.4.2. Decision Guideline 21.5.3 of the Transportation section encourages land use planning
that will minimize the need for high capacity transportation corridors and encourages land uses in
areas that can take advantage of the available capacity of existing arterial streets. The policies of
the Transportation section and Arterial Road Plan are implemented primarily through the County
Code and County Road Standards.
28. The Transportation section states that the primary function of Local Access roads is to
provide access to adjacent property and deliver traffic to arterials. See Comprehensive Plan,
p. 247 and 260. Decision Guideline 21.5.10 discourages "through" traffic from using residential
access streets, and encourages making residential neighborhoods more attractive to family
residents. Decision Guideline 21.1.6 recommends that industrial and commercial activities
requiring frequent truck deliveries be situated to have direct access to officially designated truck
routes. Special consideration is to be given to commercial or industrial uses located along public
transit routes. See Decision Guideline 21.2.1.
29. The Transportation section states that proposed development may be required to dedicate
needed right of way, or to widen, or assist in widening, existing transportation facilities; all in
accordance with established road design criteria and official maps. Decision Guideline 21.1.7
30. The Comprehensive Plan glossary defines "buffering" as a "... technique of separating
incompatible land uses by distance, changing density, landscaping, screening and/or physical
features or structures."
31. The site is located within the 15-year sewer capital program area set forth in the 1996
Update to the County's Comprehensive Wastewater Management Plan. See County Resolution
No. 96-0585, Attachment A, Exhibit 4-1. The proposal accordingly complies with Section 8 of
County Resolution No. 97-0864.
HE Findings, Conclusions and Decision
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32. Neighboring property owners expressed concerns regarding the potential use of the
adjoining local access roads by trucks, adverse impacts on property values, the location of
concrete blocks in the northeast corner of the site, littering caused by plastic debris blown from
the site, the potential height of sight -obscuring fencing along the east boundary of the site due to
the raising of the grade of the site, dust generated by the parking of flatbeds on the south portion
of the main body of the site, potential noise impacts if loading and unloading operations are
conducted on the site in the evening hours, unsightly debris being stored in the south end of the
main body of the subject property, potential glare from the exterior lighting of the site, fire
safety, and other concerns.
33. The applicant testified that general vehicular access would not be allowed from the site to
Montgomery Avenue or Elizabeth Road. The Examiner has revised County Engineering
condition #5 to prohibit access to such roads, except for gated emergency access that may be
mandated by Spokane County Fire District No. 1.
34. The applicant agreed to remove the concrete blocks located in the northeast corner of the
site or the adjacent county right of way as soon as possible.
35. The owner (Mark Shollenberger) of a parcel of land located directly east of the south half
of the main body of the site, sharing a common side yard lot line of 85 feet, expressed concern
over the height of the 6-foot chain link fence erected along the east border of the site adjacent to
such property, resulting from the previous raising of the grade of the site by one feet above such
adjacent property.
36. The portion of the site located adjacent to the Shollenberger parcel is currently zoned I-2.
The I-2 zone allows nonresidential fences in industrial zones up to eight (8) feet in height, which
fencing can be constructed on the side yard lot line. See Zoning Code 14.810.020.
37. The I-2 zone requires outdoor storage to be screened by a sight -obscuring, non -pierced
fence, that is at least six (6)-feet tall and at a sufficient height to screen materials, products,
equipment and vehicles from view at the ground level. Zoning Code 14.632.355. Zoning Code
14.506.020 allows the County Division of Planning to reduce any dimensional requirement of the
Zoning Code by up to one (1) foot, considering the written policy of the division. Considering
the raised grade of the site adjacent to the Shollenberger property, it is reasonable to allow the
height of the sight -obscuring portion of the fence adjacent to the Shollenberger parcel to be
reduced by one (1) foot if desired by such adjacent owner. A condition of approval has been
added in this regrd.
38. The applicant testified that dumpsters would be placed on the site to reduce littering. The
Examiner has added a condition of approval requiring dumpsters to be located on the site, and
prohibiting litter from the site being blown onto adjacent residential properties or the adjacent
streets.
39. Zoning Code 14.632.380 and 14.632.385 require all uses in the I-2 zone to design all
exterior lighting, including the lighting of building, landscaping, parking lot or similar facilities,
so that it is directed away from adjoining properties. Such regulations further require that all
glare -producing processes be conducted so as not to be visible beyond the property line of the
site. County Planning condition #6, which prohibits direct light from any exterior lighting
HE Findings, Conclusions and Decision
ZE-8-01 Page 5
fixture from extending over the property boundary, has been modified slightly to enforce this
requirement. County Planning condition #5 requires approval of a specific lighting and signing
plan for the site.
40. Zoning Code 14.632.385 requires all uses in the I-2 zone to meet the noise standards
identified in chapter 173-60 WAC. The Examiner has restricted all activities on the site to the
hours between 6:00 a.m. and 6:00 p.m., as specified by the applicant at the public hearing
41. Fire District 1 will adequately address fire safety issues prior to issuance of a building
permit.
42. Zoning Code 14.632.385 requires that industrial uses meet the air quality regulations of the
Spokane County Air Pollution Control Authority (SCAPCA). Zoning Code 14.802.080 of the
County Zoning Code requires that all off-street commercial and industrial storage areas within
the Urban Impact Area be paved, subject to discretionary exemptions for storage areas routinely
used by cleated equipment and heavy equipment, and subject to a discretionary paving waiver by
SCAPCA, County Engineering and County Planning. County Engineering condition #3 requires
that 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. SCAPCA, inexplicably, did not
comment on the project, but normally recommends that traveled surfaces on industrial sites be
paved or hard -surfaced, and that air quality regulations be observed.
43. The applicant preferred to make the existing chain -link fence sight -obscuring in stages, as
the property is developed from south to north. The owner of residential property located directly
north of the site requested that the chain -link fencing along the north border of the site be made
sight -obscuring immediately.
44. Zoning Code 14.806.040 (1)(f) requires the installation of 20 feet of Type I landscaping
along the border of any property located in a residential zone. Accordingly, such landscaping is
required along the north and east borders of the site.
45. County Planning indicated that the portion of the applicant's fence that crosses the
northeast corner of the site would not meet flanking street setback requirements, if made sight -
obscuring. However, the setback restriction on fencing does not apply to lots used for non-
residential purposes, such as the current proposal. See Zoning Code 14.810.020. Therefore, as
long as the sight -obscuring fence is located outside the County right of way, this portion of the
fence may be made sight -obscuring.
46. The sketch submitted by the applicant on August 13, 2001 suggests that the northeast
corner of the site is located in the improved, paved curve of the adjacent county road intersection.
However, the County's Engineer's map for Section 12 indicates that the county right of way
extends approximately 20 feet south of such corner and 30 feet west of such corner, in a
rectangular fashion. The existing chain -link fence crossing the northeast corner of the site
appears to abut the southwest extension of the county right of way. It also appears likely that the
fence lies outside the additional right of way requested by County Engineering condition #6, for
the "applicable radius on Elizabeth Road and Montgomery Avenue". Even if there is a slight
encroachment, the obstruction in the right of way could be permitted by County Engineering
through a permit.
HE Findings, Conclusions and Decision
ZE-8-01 Page 6
47. As conditioned, the proposal will not significantly impact adjoining properties or the
environment. The standards of the I-2 zone will substantially buffer the project from
neighboring residential properties. As discussed in the Staff Report, the proposal generally
conforms to the Industrial category, the Spokane City Fringe Area and the Town of Millwood
Influence area of the Comprehensive Plan. The proposal also conforms to the Transportation
policies of the Comprehensive Plan.
48. Changed conditions in the area occurring since the site was last zoned under the now
expired Zoning Ordinance, or since the zoning of the site was reclassified under the 1991 county-
wide rezoning, include designation of the north end of the site in the Industrial category of the
Comprehensive Plan in 1981, the 1986 inclusion of the site in the 15-year sewer capital program
area, the applicant's recent acquisition of Assessor's tax parcel no. 35124.0903 and its
consolidation with the other parcels making up the site, inclusion of the site in the County's
IUGA boundaries in 1997, and general population growth in the area. Rezones to the I-2 and
Heavy Industrial (I-3) zones were approved approximately 600 feet west of the site and Dollar
Road, south of Utah Street, in 1992-1993.
Based on the above findings of fact, the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. The proposed rezone, as conditioned, generally conforms to the Comprehensive Plan.
2. The applicant has established that the proposed rezone bears a substantial relationship to,
and/or will not be detrimental to, the public health, safety or welfare.
3. The applicant has established that a change in economic, technological, or land use
conditions has occurred to warrant the proposed rezone; and that a substantial change of
circumstances has occurred in the area since the site was last zoned.
4. The proposal will be not detrimental to the public health, safety and welfare.
5. The procedural requirements of the State Environmental Policy Act and the County's Local
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
6. The proposed rezone meets the criteria established by Washington case law for approving a
rezone, and the criteria established in paragraphs 14.402.020 (1)(2) of the County Zoning Code
for amending the County official zoning map.
7. Approval of the land use application is appropriate under section 11 of the County Hearing
Examiner Ordinance, adopted by County Resolution No. 96-0171.
HE Findings, Conclusions and Decision
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III. DECISION
Based on the above Findings of Fact and Conclusions of Law, the application for a rezone
to the Light Industrial (I-2) zone is hereby approved, subject to the conditions of approval of
public agencies stated below.
Any conditions of such agencies that have been added or significantly revised by the
Hearing Examiner 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.
SPOKANE COUNTY DIVISION OF PLANNING
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant,"
which term shall include the owners and developers of the property, and their heirs, assigns and
successors.
2. The zone change applies to the following real property: Spokane County Assessor's tax
parcel nos. 35124.0903, 35124.0905 and 35124.0906, as aggregated under Certificate of
Exemption CE-69-01.
3. The proposal shall comply with the Light Industrial (I-2) zone, the Aquifer Sensitive Area
Overlay zone and all applicable provisions of the Spokane County Zoning Code, as amended.
4. The applicant shall develop the subject property in general accordance with the site plan of
record submitted on May 3, 2001, subject to compliance with conditions of approval and
development regulations. Variations, when approved by the Director of the Division of
Planning/designee, may be permitted, including but not limited to building location, landscape
plans and general allowable uses of the permitted zone. All variations must conform to
regulations set forth in 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 Planning/designee of a specific
lighting and signing plan for the described property prior to the release of any building permit.
6. Direct light from any exterior area lighting fixture shall not extend over the property
boundary. All lighting of buildings, landscaping, parking lot and similar facilities shall be
designed to direct the light away from adjoining properties. All glare producing processes shall
be conducted so as not to be visible beyond the property line of the site to other ownerships.
7. A specific landscape plan, planting schedule and provisions for the maintenance acceptable
to the Director of the Division of Planning/designee shall be submitted with a performance bond
or other suitable guarantee for the project prior to release of any building permits. Landscaping
HE Findings, Conclusions and Decision
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shall be installed and maintained so that sight distance at access points is not obscured or
impaired.
8. Within a period of six (6) months of the date of this decision, the existing 6-foot chain -link
fence adjacent to residential zoning to the east and north, shall be rendered sight -obscuring, and
non pierced. The portion of the fence located adjacent to the Mark Shollenberger property
(parcel no. 35124.0808) shall have only the lower five (5) feet of the fence made sight -obscuring,
if practicable to do so and if requested by Mark Shollenberger.
9. Operations on the site shall be confined to the hours between 6:00 a.m. and 6: 00 p.m.
10. Dumpsters shall be placed on the site to reduce littering. The applicant shall not allow
litter to be blown onto adjacent residential properties or streets.
11. The applicant shall remove the concrete blocks located in the northeast corner of the site
or the adjacent county right of way as soon as possible.
12. The Division of 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 Planning. The Title Notice shall generally provide as follows:
The parcel of property legally described as (legal description) is the subject of a land use
action by the Spokane County Hearing Examiner on October 23, 2001, approving a zone
reclassification and imposing a variety of special development conditions. File No. ZE-08-01 is
available for inspection and copying in the Spokane County Division of Planning.
SPOKANE COUNTY BUILDING AND CODE ENFORCEMENT
1. The applicant should contact the Division of Building and Code Enforcement 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, existing exterior wall protection and energy code requirements.
SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS
Prior to release of a building permit or use of property as proposed:
1. Access permits and improvements to Trent Avenue (State Route 290) must be approved by
the Washington State Department of Transportation (WSDOT).
2. A Professional Engineer, licensed in the State of Washington, shall submit final road and
drainage plans, a drainage report and road and drainage calculations that conform to the April 3,
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2001 edition of the Spokane County Standards for Road and Sewer Construction, the current
edition of the Spokane County Guidelines for Stormwater Management and the conditions of
approval. Final road and drainage plans shall also comply with all applicable state and federal
laws that may be applicable to this project. Final road and drainage plans, related calculations
and a drainage report shall receive the County Engineer's acceptance prior to release of a
construction or building permit.
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. 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.
5. Access to Montgomery Avenue and Elizabeth Road shall be prohibited, except for any
gated and locked fire and emergency access that may be required by Spokane County Fire
District 1.
6. The applicant shall dedicate the applicable radius on Elizabeth Road and Montgomery
Avenue to Spokane County.
7. Roadway standards, typical roadway sections and drainage plan requirements are found in
Spokane County Resolution No. 1-0298, as amended, and are applicable to this proposal.
8. 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.
9. The applicant is advised that there may exist utilities either underground or overhead
affecting the applicant's 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 contact the applicable utilities regarding
responsibility for adjustment or relocation costs and to make arrangements for any necessary
work.
10. A specific development proposal or site plan was not submitted with the proposed zone
change. At such time as a site plan is submitted for review, the applicant shall submit detailed
traffic information for review by the County Engineer and the Washington State Department of
Transportation (WSDOT) to determine what traffic impacts, if any, that the development would
have on surrounding infrastructure. Mitigation may be required of the applicant for off -site
improvements.
HE Findings, Conclusions and Decision
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SPOKANE REGIONAL HEALTH DISTRICT
1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
2. Water service need not 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. Subject to specific application approval and issuance of permits by the Health Officer, the
use of an individual on -site sewage disposal system may be authorized.
5. The use of private wells and water systems is prohibited.
SPOKANE COUNTY DIVISION OF UTILITIES
1. Pursuant to the Spokane County Sewer Ordinance, the use of on -site sewer disposal
systems may be authorized. This authorization is conditioned in compliance with all rules and
regulations of the Spokane Regional Health District and is further conditioned and subject to
specific application approval and issuance of permits by the Health District.
2. Each new building shall be double -plumbed with a dry side sewer for connection to future
area wide wastewater collection systems. The double -plumbed, dry side sewer shall be extended
to the public right of way or as required by the Division of Utilities. Double -plumbing, dry side
sewer plans acceptable to the Division of Utilities may be required.
3. The applicant shall submit expressly to Spokane Division of Utilities under separate cover,
only those plan sheets showing sewer plans and specifications for the double -plumbed, dry side
sewer for review and approval.
4. Any water service for this proposal shall be provided in accordance with the Coordinated
Water System plan for Spokane County, as amended.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. All air pollution control regulations shall be met.
SPOKANE COUNTY FIRE DISTRICT NO. 1
1. The District will have requirements at the time of building permit application.
HE Findings, Conclusions and Decision
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DATED this 23rd day of October, 2001
SPOKANE COUNTY HEARING EXAMINER
Mic ael C. Dempsey, WS
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Spokane County Resolution Nos. 96-0171 and 96-0632, as modified by County
Resolution No. 1-0700, the decision of the Hearing Examiner on an application for a zone
reclassification is final and conclusive unless within fourteen (14) 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.
This decision was mailed by certified mail to the Applicant, and by regular mail to other
parties of record, on October 23, 2001. THE APPEAL CLOSING DATE IS NOVEMBER 6,
2001.
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) 477-7490. The file may be
inspected during normal working hours, listed as Monday - Friday of each week, except
holidays, between the hours of 8:30 a.m. and 5:00 p.m. Copies of the documents in the record
will be made available at the cost set by Spokane County.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision
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