ZE-82-84File No. ZE-82-84
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
A. INTRODUCTION
This matter having come before the Zoning Hearing Examiner Committee on
September 6, 1984, and the members of the Committee present being
Kenneth Kennedy, Chairman, Kathleen M. Carstens and F. Lynn Tennican.
B. PROPOSAL
The sponsor, Brian T. Butler, is requesting approval of a zone
reclassification, File No. ZE-82-84, Residential Office to Restricted
Industrial, for the purpose of developing General Industrial Uses (No Site
Plan).
C. FINDINGS OF FACT
1. That the existing land use in the area is residential, commercial,
grain storage, railroad tracks, and vacant.
2. That the Comprehensive Plan designates this area as appropriate for
Industrial development.
3. That the existing zoning of the property described in the application
is Residential Office.
4. That the provisions of RCW 43.21C (The State Environmental Policy
Act) have been complied with, and the Committee concurs with the
Declaration of Non -Significance.
5. That the proper legal requirements for advertisement of the Agenda
Item have been fulfilled.
6. That the land in this area, especially along the west side of Park
Road, is suitable for the proposed use, or uses within the proposed
Zone Classification, but is not necessarily compatible with the
adjoining residences east of Park Road.
7. That the applicant has not demonstrated that conditions have
substantially changed since the original zoning of Residential Office
in 1973 of this area and can only be justified with site specific
mitigating measures.
8. That the proposed use can be made compatible with existing uses in
the area, if adequate buffering techniques are imposed.
ZONE RECLASSIFICATION NO. ZE-82-84
C. FINDINGS OF FACT (continued)
9. That the owners of adjacent lands expressed strong disapproval of the
proposed use.
10. The Hearing Examiner Committee finds the proposed use may be in
harmony with the general purpose and will not be otherwise
detrimental to the public health, safety, and welfare, if
appropriately conditioned.
11. The following are additional findings of fact considered by the
Hearing Examiner Committee:
a) That this parcel serves as an unique transitional buffer between
existing industrial uses west of Park Road and residential areas
to the east of Park Road. The residential area is well
established and predates most industrial development in the
area; including the several rezone attempts on this site.
Testimony from the applicant's representative indicated that
extensive buffering techniques and mitigating measures could be
very expensive in terms of material and loss of developable
land. However, the Comprehensive Plan, past land use actions,
and public testimony indicated the need to protect the
residential area from encroaching industrial development.
Approval of the zone change from Residential Office to
Restricted Industrial can only be justifiable if all mitigating
measures, as recommended by Staff, are imposed on the property.
D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL
(All Conditions imposed by the Zoning Hearing Examiner Committee shall be
binding on the "Applicant', which term shall include the owner or owners
of the property, heirs, assigns, and successors.)
a) COUNTY PLANNING DEPARTMENT
1. Approval by the Zoning Administrator of a specific lighting and
signing plan for the described property prior to the release of
any building permits.
2. A specific landscape plan, planting schedule and provisions for
maintenance acceptable to the Spokane County Zoning
Administrator shall be submitted with a performance bond for the
project prior to release of building permits. Landscaping shall
be installed and maintained such that sight distance at access
points is not obscured or impaired.
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ZONE RECLASSIFICATION NO. ZE-82-84
a) COUNTY PLANNING DEPARTMENT (continued)
3. Direct light from any exterior area lighting fixture shall not
extend over the property boundary.
4. The specific development plan will be submitted for Planning
Department review and approval prior to issuance of building
permits.
5. All current standards of the Restricted Industrial Zone, as
amended, shall be complied with in the development of this
site.
6. That the project is subject to Section 4.16A.050, the Aquifer
Sensitive Area Overlay Zone of the Spokane County Zoning
Ordinance, which sets forth various measures for Aquifer
protection; specifically, measures dealing with wastewater
disposal, spill protection measures, and stormwater runoff.
7. That the present proposal is not detailed enough to determine
whether or not the use of or materials stored on the site are in
compliance with Chapter 4.16A (Aquifer Sensitive Area Overlay
Zone) of the Spokane County Zoning Ordinance. Accordingly, as a
condition of approval, the sponsor/applicant shall be required
to file with the Spokane County Auditor, within thirty (30) days
of the signing of Findings and Order of the final decision in
this matter, a "Notice to the Public" which shall provide in
material as follows:
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT OR
CERTIFICATE OF OCCUPANCY FOR ANY BUILDING OR ANY USE
ON THE PROPERTY DESCRIBED HEREINAFTER, THE APPLICANT
SHALL BE RESPONSIBLE FOR COMPLYING WITH THE PROVISIONS
OF SPOKANE COUNTY ZONING ORDINANCE CHAPTER 4.16A
(AQUIFER SENSITIVE AREA OVERLAY ZONE). THE PROPERTY
WHICH IS THE SUBJECT OF THIS NOTICE IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS• "
8. Applicant shall comply with '208' recommendations concerning
stormwater runoff and provide necessary landscaping for runoff.
9. Any division of land for the purpose of sale, lease or transfer,
shall comply with RCW 58-17 and the Spokane County Platting
Ordinances prior to issuance of building permits.
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ZONE RECLASSIFICATION NO. ZE-82-84
a) COUNTY PLANNING DEPARTMENT (continued)
10. That the provisions of SEPA's NOTICE OF ACTION pursuant to
Chapter 43.21C.080 RCW and the Board of Spokane County
Commissioners Resolution #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, or file
appropriate documents to the effect that the NOTICE OF ACTION is
waived in accordance with Spokane County Commissioners'
Resolution #82-0458 dated May 4, 1982.
11. 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 likely
significant adverse impacts to the physical environment; a
finding is hereby made that no probable significant adverse
impacts upon the physical environ ment are anticipated as a
result of the project; and a final declaration of
non -significance is hereby to be issued.
12. That all areas within the front yard setback off Park Road be
planted and maintained in dense landscaping, except access
point, as approved by the Zoning Administrator.
13. That no parking, storage, or loading dock be allowed on the Park
Road (eastern) portion of the site. Also, that all traffic and
activity be oriented to the western portions of the site.
14. That only one access point be allowed from the site to Park
Road, to be as approved by the Zoning Administrator and the
County Engineer.
b) COUNTY ENGINEERING DEPARTMENT
Prior To The Issuance Of A Building Permit:
1. Access permits for approaches to the County Road System shall be
obtained from the Spokane County Engineer.
2. Other specific improvements: Applicant shall construct
Portland Cement concrete sidewalk along Park Road per Spokane
County standards.
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ZONE RECLASSIFICATION NO. ZE-82-84
b) COUNTY ENGINEERING DEPARTMENT (continued)
3. Applicant shall submit for approval by the Spokane County
Engineer road, drainage, and access plans prior to the issuance
of a building permit on the property.
4. The applicant shall submit for approval by the Spokane County
Engineer and the Spokane County Health District a detailed
combined on -site sewage system plan and surface water disposal
plan for the entire project prior to the issuance of any
building permit on the property.
5. A parking plan and traffic circulation plan shall be submitted
and approved by the Spokane County Engineer prior to the
issuance of a building permit on the property. The design,
location, and arrangement of parking stalls shall be in
accordance with standard traffic 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.
6. The word "applicant" shall include the owner or owners of the
property, his heirs, assigns, and successors.
7. The construction of the road improvements stated herein shall be
accomplished as approved by the Spokane County Engineer.
8. 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.
9. Roadway standards, typical roadway sections and drainage plan
requirements are found in Spokane Board of County Commissioners'
Resolution No. 80-1592 as amended.
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ZONE RECLASSIFICATION NO. ZE-82-84
c) COUNTY UTILITIES DEPARTMENT
1 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 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.
2. Any water service for this project shall be provided in
accordance with the Coordinated Water System Plan for Spokane
County, as amended.
3. Each unit shall be double -plumbed for connection to future
areawide collection systems.
4. This action be conditioned with the performance criteria of
Section 4.16A.050* for all future uses.
* Aquifer Sensitive Area Overlay Zone.
d) COUNTY HEALTH DISTRICT
1. A combined surface water and sewage disposal detailed plan shall
be approved by the County Engineer and the 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. Subject to specific application approval and issuance of permits
by the Health Officer, the use of an individual on -site sewage
system may be authorized.
4. Water service shall be coordinated through the Director of
Utilities, Spokane County.
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ZONE RECLASSIFICATION NO. ZE-82-84
d) COUNTY HEALTH DISTRICT (continued)
5 Water service shall be by an existing public water supply when
approved by the Regional Engineer (Spokane), State Department of
Social and Health Services.
6. Use of private wells and water systems is prohibited.
7. Disposal of sewage effluent beneath paved surfaces is currently
prohibited.
e) COUNTY BUILDING AND SAFETY DEPARTMENT
1. The site is located in Fire District # 1.
2. Fire hydrants which meet the fire flow are required to be
installed prior to construction. These hydrants shall be placed
so that no portion of the building exterior is more than 175
feet from the hydrant. The bottom of the lowest outlet of the
hydrant shall be no less than 18 inches above grade. A water
plan showing each fire hydrant (specifying the gallons per
minute for each fire hydrant) and meeting the requirements in
Chapter 10.04 of the Uniform Fire Code is required prior to
construction of the water service.
3. Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible
and legible from the street or road fronting the property. Said
numbers shall contrast with their background.
4. Trash enclosures shall not be located adjacent to combustible
construction or underneath windows or nonprotected eaves.
f) WATER PURVEYOR
1. Water Purveyor is Spokane Suburban Water Company, and they will
supply the site with adequate water for domestic, fire and
irrigation uses.
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g)
ORDER
ZONE RECLASSIFICATION NO. ZE-82-84
COUNTY AIR POLLUTION CONTROL AUTHORITY
1. Air pollution regulations require that dust emissions during
demolition, excavation and construction projects be controlled.
This may require use of water sprays, tarps, sprinklers, or
suspension of activity during certain weather conditions. Haul
roads should be treated and emissions from the transfer of
earthen material must be controlled as well as emissions from
all other construction related activities.
2. Measures must be taken to avoid the deposition of dirt and mud
from unpaved surfaces onto paved surfaces. If tracking or
spills occur on paved surfaces, measures must be taken
immediately to clean these surfaces.
3. All travelled surfaces (ingress, egress, parking areas, access
roads) must be paved and kept clean.
4. Some objectionable odors will likely result during the
construction phase of a project and from motor vehicles using
the site following completion of the project and from occupants
of the proposed project.
5. SCAPCA Regulation I, Article IV requires registration with this
Agency.
6. SCAPCA Regulation I, Article V requires that a Notice of
Construction and Application for Approval be submitted to and
approved by our Agency prior to the construction, installation
or establishment of an air pollution source.
7. SCAPCA Regulation I, Article VI and SCAPCA Regulation II,
Article IV addresses emission standards. All emission standards
must be met.
8. All air pollution regulations must be met.
The Hearing Examiner Committee, pursuant to the aforementioned, finds that
the application of Brian T. Butler for a zone reclassification as
described in the application should be APPROVED.
Motion by: Tennican Seconded by: Carstens
Vote:
Tennican - Aye
Carstens - Aye
Kennedy - Aye
Unanimous to APPROVE to the RESTRICTED INDUSTRIAL ZONE
- ( 3 - 0 )
E. ORDER (continued)
ATTEST:
For WALLIS D. HUBBARD
Planning Director
2
y
Zoning Administrator
Date:
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ZONE RECLASSIFICATION NO. ZE-82-84
HEARING EXAMINER COMMITTEE
HEREBY ATTEST TO THE ABOVE
FINDINGS, ORDER, AND VOTE