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ZE-29-83August 16, 1983 Board of Spokane County Commissioners FROM: .319( Steve P. Horobiowski, Zoning Administrator SUBJECT: Zoning Hearing Examiner Committee Actions of August 4, 1983. ,POKA1C counTv CQURT sOuSE Gentlemen: On August 4, 1983, the Zoning Hearing Examiner Committee met at 9:00 A.M. to con- : sider four new zone reclassification applications and one change of conditions application. Members present: Mr..Skalstad, Chairman; Mrs. Myers and =Mr. Williams. Following are the applications in sequence and the action taken by the Committee. , If not appealed, these decisions will become final on August 22, 1983. All Findings -Nand Order for this hearing were signed on August 11, 1983. A.: : 1) tE - nag3, M tiple Family Suburban to Commercial, WVE- 27 -83, Waiver of Violation to Allow a Continued Five Foot Rear Yard and Setback: Balch, Location: Generally located at the northwest corner of Harrington Avenue and Hutchinson Street in Section 18- 25 -44. Proposal: Warehouse and Office Complex Action: Approval to Commercial Zone. (Vote: 3 - 0) The Zoning Adjustor's decision was for Approval for the Waiver of Violation to allow an existing five foot rear yard setback to continue for a structure on -site. Q ( Family Residential (R -1) to Two - Family Residential (R -2): i—/ ' Wolfland, Inc., Location: Generally located on the north side of Mission Avenue at the intersection of Mission Avenue and Glenn Road in Section 9- 25 -44. Proposal: Duplex Lots. Action: Approval. (Vote: 3 - 0) Gary Keuua1y F.ugiuerr's 1 i 11rc INTEROFFICE PIAII. ^_. PLANNING DEPARTMENT BROADWAY CENTRE BUILDING N.721 JEFFERSON STREET PHONE 456.2205 SPOKANE. WASHINGTON 99260 5`f- 1) SPOKANE COUNT/ COURT HOUSE August 16, 1983 Gentlemen: iro n .Con. .i . PLANNING DEPARTMENT BROADWAY CENTRE BUILDING N 721 JEFFERSON STREET PHONE 456.2205 SPOKANE, WASHINGTON 99260 TO: Board of Spokane County Commissioners FROM: Steve P. Horobiowski, Zoning Administrator SUBJECT: Zoning Hearing Examiner Committee Actions of August 4, 1983. On August 4, 1983, the Zoning Hearing Examiner Committee met at 9:00 A.M. to con- sider four new zone reclassification applications and one change of conditions application. Members present: Mr. Skalstad, Chairman; Mrs. Myers and Mr. Williams. Following are the applications in sequence and the action taken by the Committee. If not appealed, these decisions will become final on August 22, 1983. All Findings and Order for this hearing were signed on August 11, 1983. 1ZE - 29- 83,1Multiple Family Suburban to Commercial and WVE- 27 -83, Waiver of Violation to Allow a Continued Five Foot Rear Yard Setback: Balch Location: Generally located at the northwest corner of Harrington Avenue and Hutchinson Street in Section 18- 25 -44. Proposal: Warehouse and Office Complex Action: Approval to Commercial Zone. (Vote: 3 - 0) The Zoning Adjustor's decision was for Approval for the Waiver of Violation to allow an existing five foot rear yard setback to continue for a structure on -site. 2) ZE- 60 -83, Single Family Residential (R -1) to Two - Family Residential (R -2): Wolfland, Inc. Location: Generally located on the north side of Mission Avenue at the intersection of Mission Avenue and Glenn Road in Section 9- 25 -44. Proposal: Duplex Lots. Action: Approval. (Vote: 3 - 0) (contd.) 4. Applicant shall dedicate and S. Access permits for approaches Spokane County Engineer. 6. Access permits and improvements to 7. Access permits and improvements to by the City of (e) Other specific improvements: OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON by the Washington Department of Transportation. • (b) Applicant shall improve NA¢ RL t_ oN County TYPICAL roadway section No. (c) Applicant shall improve_ County TYPICAL roadway section No. J the Spokane County Hearing Examiner Committee for inclusion in the staff analysis and "findings and order" of the hearing scheduled /Qva<7" 4/ , 19 83. Prior To The Issuance Of A Building Permit Or Cel ti4icvtt e4 occa G Applicant shall dedicate 5__feet on Aky,&tG� \t4Sp4 for right -of -way prior to any use of the property. 1983' TO: Spokane County Planning Department FROM: County Engineer's Department mb\ CG_ 1 SUBJECT: Conditions of Approval -Zone Change-- NumbrerJY — V �� ??-453 Applicant's Name pSh/mw/ Sections _N _ Township 25, Range yy BWM • The following "conditions of approval" for the above - referenced zone change are submitted to - • 2. Applicant shall dedicate feet on for right -of -way and slope easements as necessary prior to any use of the property. ,,.' Applicant shall dedicate aael foot radius on NAiZR\ N4 dA.3 PU6 ��..// and Natc'►:'►Sbp4 Ito , prior to any use of the property. \ feet on and a foot radius on for right -of -way prior to any use of the property. fl to the County Road System shall be obtained from the must be approved must be approved 0 (a) Applicant shall improvejAw trNA i $o N in a manner consistent with Spokane County TYPICAL roadway section No. J. minimum paving widthA�ss � sr . in a manner consistent with Spokane Z minimum paving width Arc as SS 57d in a manner consistent with Spokane minimum paving width (d) Applicant shall improve_ _ in a manner consistent with Spokane County TYPICAL roadway Section No. minimum paving width O 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. © 0. The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed combined .n -site sewage system plan and surface water disposal plan for the entire project ()riot :o the issuance of any building permit on the property. 12 13. 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 travelled by vehicles. The word "applicant" shall include the owner or owners of the property, his heirs, assigns, and successors. improvements stated herein, the applicant may, with the approval of join in and be a willing participant in any petition or resolution formation of a Road Improvement District (RID) for said improvement as amended. Spokane County will not participate in the cost of To construct the road the County Engineer, which purpose is the pursuant to RCW 36.88 these improvements. 14. As an alternative method of constructing the road improvement stated herein, the appli- s cant may, with•the approval of the County Engineer, accomplish the road improvements stated herein by joining and participating in • County Road Project (CRP) to the extent of the required road improvement. Spokane County will not participate in the cost of these improvements. 15. The construction of the road improvements stated herein shall be accomplished as •p- proved by the Spokane County Engineer. 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. ' 17. Applicant shall file a petition for the vacation of prior to any use of the property. 18. Applicant shall construct • paved and delineated access approach(s) to meet the cisting } pavement on ' 19. Access to Road shall be prohibited until such time as specifical - -ly authorized by the Spokane County Engineer. r. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners Resolution No. 80 -1592 as amended. AGENDA, AUGUST 4, 1983 SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE Place: Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane ZONING APPLICATIONS WILL BE HEARD IN THE FOLLOWING ORDER. THE ZONING HEARING EXAMINER COMMITI WILL RECESS FROM 12:00 NOON TO 1:30 P.M. FOR LUNCH AT A PLACE TO BE ANNOUNCED. ITEMS NOT HEAR, PRIOR TO THE 5:00 P.M. ADJOURNMENT, WILL BE CON1INUED TO THE NEXT AVAILABLE DATE AS ANNOUNCED BY THE CHAIRMAN OF THE ZONING HEARING EXAMINER COMMITTEE. LEGAL DESCRIPTIONS AND PROJECT DETAILS FOR THESE PROJECTS ARE ON FILE AND AVAILABLE IIl THE PLANNING DEPARTMENT'S OFFICE. 9:00 A.M. ZONE RECLASSIFICATIONS TELEPHONE NO.: 456 -2205 ZE -29 -83 MULTIPLE FAMILY SUBURBAN TO COMMERCIAL - and \,WVE -27 -83 WAIVER OF VIOLATION TO ALLOW A CONTINUED FIVE FOOT REAR YARD SETBACK (Generally located at the northwest corner of Harrington Avenue and Hutchinson Street in Section 18- 25 -44:) Proposed Use: Warehouse and office Complex Site Size: 10,037 Square Feet Owner /Applicant: DAVID R. BALCH c/o Andrew Dahlman North 104 Hutchinson Road Spokane, WA 992 06 (n o t e: This application is a requtt for two separate actions. The first, a zone change, will be heard by the Zoning Hearing Examiner Com- mittee. The second, a Waiver of Violation to allow the existing five foot rear yard setback to continue, will before the Zoning Adjustor. The two items will be heard concurrently by both Boards.) 2. ZE -60 -83 SINGLE FAMILY RESIDENTIAL (R -1) TO TWO- FAMILY RESIDENTIAL (R -2) (Generally located on the north side of Mission Avenue at the inter- section of Mission Avenue and Glenn Road in Section 9- 25 -44.) Proposed Use: Duplex Lots (No Site Plan) Site Size: Four lots at approximately 12,487 Square Feet Each (19,950 Square Feet - Total) Owner /Applicant: WOLFLAND, INC. c/o Vince Seipp South 717 Pines Road Spokane, WA 99206 (contd.) 2 x z a 0 - 0 0 z + z 0 0 a I a m.. 20/0 BR 11111111 iIiii A a a 11 Fire 0. ` =- tationu AVE ,M .St P I. GENERAL INFORMATION STAFF REPORT DATE: August 4, 1983 TO: ZONING HEARING EXAMINER COMMITTEE FROM: PLANNING DEPARTMENT STAFF SUBJECT: ZONE RECLASSIFICATION NUMBER: ZE -29 -83 AND WAIVER OF VIOLATION NUMBER: WVE -27 -83 APPLICANT /OWNER: DAVID R. BALCH REQUESTED ZONING: Commercial EXISTING ZONING: Multiple Family Suburban, est. in 1955 PROPOSED USE: Warehouse /Office PROJECT LOCATION: This site is generally located in the Spokane Valley, more specifically at the northwest corner of Harring- ton Avenue and Hutchinson Street. ACTION REQUESTED: This application is a request for two separate actions. The first, a zone change, will be heard by the Zoning Hearing Examiner Committee. The second, a Waiver of Violation to allow the existing five foot rear yard setback to continue, will be before the Zoning Adjustor. The two items will be heard con- currently by both Boards. WAIVER OF VIOLATION: The sponsor has constructed a building on -site without obtaining a building permit. This building is located 10 feet too close to the rear of this property which is adjacent to a single family residence. II. SITE PLAN INFORMATION SITE SIZE: Approximately 10,037 Square Feet SITE CHARACTERISTICS: The site contains a warehouse with 3,600 square feet and an office at 1,018 square feet. Both appear to be vacant and were built without first getting a building permit. The parking lot at this time is graveled. NEIGHBORHOOD CHARACTER: The site lies next to single family residential to the north and a continuation of the same business (Aztech Electric) to the south. The housing stock is older but generally well maintained. (contd.) •s" II. SITE PLAN INFORMATION (continued) LAND USE: III. BACKGROUND /ANALYSIS ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 AGRICULTURAL SUMMARY: This site has been committed to Urban type uses by the Soil Conservation Service, U. S. Department of Agriculture. ZONING: North Multiple Family Suburban, est. 1958 East Agricultural, established, 1947 West Multiple Family Suburban, est. 1956 Agricultural Suburban, est. 1958 South Agricultural, established, 1947 Site Warehouse, Office, Gravel Parking Lot North Single Family Residential East Aztech Building and Single Family Residential West Single Family Residential (Manufactured Home) South . Storage Yard (Aztech) 1981 COMPREHENSIVE PLAN DESIGNATION: URBAN NUMBER OF EXISTING BUILDINGS: One NUMBER OF BUILDINGS PROPOSED: 0 Total Square Feet Approximately 4,618 Sq.Ft. Total Percent of Site Covered 32 % HEIGHT OF STRUCTURE: 19 Feet PARKING REQUIRED: 7 Spaces PROVIDED: 11 Spaces a) COMPREHENSIVE PLAN - This site lies within the "Urban" category of the Comprehensive Plan as well as areas to the south, east, north, and west. The Comprehensive Plan Text discourages business intrusions into existing residential areas. To mitigate possible land use conflicts, the Text recommends spatial buffering, screening, and landscaping as solutions. 3 . (contd.) III. BACKGROUND /ANALYSIS (continued) b) SITE CONSIDERATIONS The site has access to both frontage streets; the rear of the building provides an effective screen for the residence next door. Staff suggests the sponsor approach the owner regarding a use and maintenance agreement for this rear yard area. The west property line also abuts a residence and may need sight- obscuring fencing to screen the use of this property. HISTORY OF OTHER LAND USE ACTIONS - There have been no repent zone changes in this general area since 1958. d) CONCLUSION - The building existing, however, is not being used at the present time. If adequately buffered, the proposal would have less effect on the adjacent residences. IV. AGENCIES RECOMMENDED CONDITIONS, IF APPROVED a) COUNTY PLANNING DEPARTMENT ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 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. 3. A 6 -foot sight - obscuring cyclone fence shall be provided along the west property line of this proposal to provide a buffer for the existing residential use located immedi- ately west of this site. A comparable substitute to the cyclone fencing may be approved by the Zoning Administrator. 4. Applicant shall comply with '208' recommendations concern- ing stormwater runoff and provide necessary landscaping for runoff. 5. That the provisions of SEPA's NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW and the Board of Spokane County Commissioner's Resolution #77 -1392 be initiated by the project applicant within thirty (30) days of final dispo- sition 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. (contd.) a) COUNTY PLANNING DEPARTMENT (continued) ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 6. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA Guidelines (.WAC 197 -10) and the Spokane County Environmental Ordinance (SCEO), a proposed declaration of non - significance has been issued at least fifteen (15) days prior to this date; the official file, written comments and /or public testimony contain information regarding assessment of the proposal's adverse impacts to the physical environment; a finding is hereby made that no potentially significant adverse impacts upon the physical environment are anticipated as a result of the project; and a final declaration of non - significance is hereby to be issued. b) COUNTY ENGINEERING DEPARTMENT Prior to the Issuance of a Building Permit or Certificate of Occupancy: 1. Applicant shall dedicate 5 feet on Hutchinson for right of way prior to any use of the property. 2. Applicant shall dedicate a 20 foot radius on Harrington Avenue and Hutchinson Road prior to any use of the property. 3. Applicant shall improve Hutchinson in a manner consistent with Spokane County Typical roadway section No. 1 minimum paving width Access Standard. 4. Applicant shall improve Harrington in a manner consistent with Spokane County Typical roadway section No. 1 minimum paving width Access Standard. 5. 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. 6. 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. (contd.) b) COUNTY ENGINEERING DEPARTMENT (continued) c) COUNTY UTILITIES DEPARTMENT • ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 7. 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. 8. The word "applicant" shall include the owner or owners of the property, his heirs, assigns, and successors. 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 con- struction, unless otherwise approved by the County Engineer. 10. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners' Resolution No. 80 -1592, as amended. 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 application approval and issuance of permits by the Health District. 2. 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 improve- ments called for in conjunction with the formation of a ULID by either petition or resolution method under RCW Chapter 36.94. (contd.) ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 c) COUNTY UTILITIES DEPARTMENT (continued) 3. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 4. Each new unit shall be double - plumbed for connection to future areawide collection systems. d) COUNTY HEALTH DISTRICT 1. Appropriate utility easements shall be indicated. 2. 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. 3. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 4. Subject to specific application approval and issuance of permits by the Health Officer, the proposal is authorized the use of an individual on -site sewage system. 5. Water service shall be coordinated through the Director of Utilities, Spokane County. 6. Water service shall be by an existing public water supply when approved by the water purveyor. 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. Installation of fire hydrants are required to be installed in accordance with the requirements of the Spokane County Department of Building and Safety and Fire District No. 1. 3. Reclassification of an existing building shall require an application for change of occupancy permit, building permit and subsequent inspection for approval. (contd.) f) WATER PURVEYOR ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 e) COUNTY BUILDING AND SAFETY DEPARTMENT (continued) 4. The Department of Building and Safety requests that should the owner fail to comply with all of the conditions of the zone change, the zone change would become null and void one year after approved and all commercial uses would be removed at that time. 1. The proposal is located within the service area of Hutchinson Irrigation District #16. g) COUNTY AIR POLLUTION CONTROL AUTHORITY 1. During preparation of the project site, dust emissions must be controlled. Measures must be taken to avoid the deposition of dirt from unpaved surfaces onto paved surfaces. 2. All access roads and parking areas for the proposed project must be paved. Following paving of all traveled surfaces (including parking areas) a program should be established for cleaning of the paved surfaces by use of wet flushing /sweeping equipment or vacuum sweeping equipment. 110 6 -s SPOKANE COUNTY PLANNING DEPARTMENT / APPLICATION FOR ZONE RECLASSIFICATION Date: 5/13/83 Application No: 7 — f/� Name of Applicant: Street Address of Applicant: City: Spokane Name of Property Owner(s): Property Size: David R. Balch State: Authorized Agent representing Owner (if other than owner): Existing Zoning Classification: Date Existing Zone Classification Existing' Use of Property: Proposed Zone Classification: Proposed Use of. Property: Legal Description of Property: Section: 18 Township: 25 N. Source of Legal: County Assessor's Parcel No: (See tax statement) N. 104 Hutchin Rd. WA Zip Code: 99206 Tele. No. David R. Balch Andrew Dahlman Multi - Family Established: 1955 Warehouse Commercial Warehouse /Office All of lots 4 and 5, Block 26 of Hutchinson Addition 10,037 sq. ft Frontage: 3 3 on: Range: 44 E. (. /6 3 l , t7 c 18544 - 1936& 18544 -1937 Harrington- Total amount of adjoining land controlled by this owner or sponsor: 2 AC. Street Address'of the Property: Sprague & Argonne, N.15 Argonne, N.25 Hutchinson, N104 Hutchinson If you do not hold title to the property affected by this application, what is your interest in it? T.nna Term Lease Please list previous Planning Department actions involving this property: None Known ALL OF THE FOLLOWING QUESTIONS MUST BE ANSWERED: 928 - 6206 1. What are the changed conditions of the site area, which you feel make this proposal warranted? Has been used for commercial pruposes since 1930 -1940. 2. What effect will the proposed zone reclassification have on - -the . adjacent -- properties? Probably increase value. Rev. 2/3/81 a) ti This section of the application will provide the Planning Department's Staff with written verification that the applicant has had preliminary consultation with the agencies identified. Results of the preliminary consultation should be incorporat- ed in the proposal before final submittal to the Planning Department. 1. COUNTY ENGINEER'S OFFICE A preliminary consultation has been held to discuss the proposal. Our regprements for submittal of this proposal for rezone have been satisfied. (Si 2. COUNTY UTILITIES OFFICE gnatur+e) 3. WATER PURVEYOR The. proposa •area. b) c) natu r) inary consultation has been held to discuss the proposal. Our ents for su•• ittal of this proposal for rezone have been satisfied. ed i•r purveyor for this site is \•�tx‘C)4•.•ot.1 L -L (NAME) A/ (is not) 1 Satisfactory arrangements (have) (have not) been made to serve proposal. Wp7(are) (are not) able to serve this site with adequate water. 6" . ti (Dat (Sign ure) 4. BU DING AND SAFETY DEPARTMENT A preliminary consultation requirements for submittal This proposal is located in 6//b/A3 Signature) FIRE Row 275o bA3ZD oN SUOPIrrtsD srre r'.AN. ( D ate ) ALL coPES 514.4H AS 9UlLDIN6 MECHMlKAL • PLUM1301 H crA M VORANT FLOW( AAS ewer. SC muET AT "TIME of BUDDING Ftamrf AftucAioN 5. COUNTY HEALTH DISTRICT-- A preliminary consultation has been held to discuss the proposal. The •appli ant has been in ormed of our requirements and standards. (Signature) APPLICATION FOR ZONE RECLASSIFICATION -- continued -2 4 I, THE UNDERSIGNED, SWEAR UNDER THE ABOVE RESPONSES ARE MADE TRUTHFULLY LEDGE. 1 FURTHER SWEAR THAT I AM THE OWNER POSED FOR ZONE RECLASSIFICATION, OR, HEREWITH I5 WRITTEN P.ERMTSSION FROM ACTIONS ON HIS OR HER/BEHALF,. c - NOTARY SEAL: (Signed- ) f � -ti /, (Address) 5 7 /y�ir /ir Sy c•o /tCr'/1 F iYn 1 '"o -5.7-7- / \ ated within the bounda has been held to discuss the proposal. Our of this proposal for rezone have been satisfied. Fire District # NOTARY r7� a _>Zka t Date: --SIG ATURE 9E AP_PLICANT' OR AGENT • a Al (Date) 0 / - of our service S /f - /3 this (Date)' ' PENALTY OF PERJURY THAT THE AND TO THE BEST OF MY KNOW- OF RECORD OF THE SITE PRO - IF NOT THE OWNER, ATTACHED SAID OWNER AUTHORIZING MY Date: 5 - U..? Phone: 9,(' / Zip: l 1a / Date: 3,'V3 / Rev: 2/3/81 • • S y-/1 A. INTRODUCTION This matter having come before the Zoning Hearing Examiner Committee on ' August 4, 1983, and the members of the Committee present being Richard L. Skalstad, Chairman, Jane E. Myers and Jerry Williams. B. PROPOSAL The sponsor, David R. Balch, is requesting approval of a zone reclassi- fication, File No. ZE- 29 -83, Multiple Family Suburban to Commercial, for the purpose of developing a Warehouse and Office Complex; and a Waiver of Violation, WVE- 27 -83, requesting approval to allow an existing five foot rear yard setback to continue for a building on -site. C. FINDINGS OF FACT SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS AND ORDER ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 1. That the existing land use in the area is residential, commercial, and storage yard. 2. That the Comprehensive Plan designates this area as appropriate for Urban development. 3. That the existing zoning of the property described in the application is Multiple Family Suburban. 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 is suitable for the proposed use, or uses within the proposed Zone classification. 1 (contd.) C. FINDINGS OF FACT (continued) D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 9 7. That the applicant has demonstrated that conditions have substan- tially changed since the original zoning of this area and accordingly, the proposed rezone is justified. 8. That the proposed use is compatible with existing uses in the area. 9. That the owners of adjacent lands and /or their representatives expressed approval of the proposed use. 10. The Hearing Examiner Committee finds the proposed use to be in harmony with the general purpose and will not be otherwise detri- mental to the public health, safety, and welfare. 11. The following are additional findings of fact considered by the Zoning Hearing Examiner Committee: a) This area is mixed in land uses as indicated within the Staff Report , and that adequate assurances exist such that full compliance with the attached conditions will be provided. 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. 3. A 3 -foot hedge shall be provided along the west property line of this proposal to provide a buffer for the existing residen- tial use located immediately west of this site. 4. Applicant shall comply with '208' recommendations concerning stormwater runoff and provide necessary landscaping for run- off. 2 (contd.) a) COUNTY PLANNING DEPARTMENT (continued) 5. That the provisions of SEPA 's NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW and the Board of Spokane County Commis- sioners' 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. 6. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA Guidelines (WAC 197 -10) and the Spokane County Environmental Ordinance (SCEO), a proposed declaration of non - significance has been issued at least fifteen (15) days prior to this date; the official file, written comments and /or public testimony contain information regarding assessment of the proposal's adverse im- pacts to the physical environment; a finding is hereby made that no potentially significant adverse impacts upon the physical environment are anticipated as a result of the project; and a final declaration of non - significance is hereby to be issued. 7. The sponsor shall comply with all the development standards of the Commercial Zone, as amended, within the Zoning Ordinance. b) COUNTY ENGINEERING DEPARTMENT ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 Prior to the Issuance of a Building Permit or Certificate of Occupancy: 1. Applicant shall dedicate 5 feet on Hutchinson for rightof way prior to any use of the property. 2. Applicant shall dedicate a 20 foot radius on Harrington Avenue and Hutchinson Road prior to any use of the property. 3. Applicant shall improve Hutchinson in a manner consistent with Spokane County Typical roadway section No. 1 minimum paving width Access Standard. 4. Applicant shall improve Harrington in a manner consistent with Spokane County Typical roadway section No. 1 minimum paving width Access Standard. 5. 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. 3 (contd.) b) COUNTY ENGINEERING DEPARTMENT (continued) COUNTY UTILITIES DEPARTMENT ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 6. 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. 7. 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. 8. The word "applicant" shall include the owner or owners of the property, his heirs, assigns, and successors. 9. All required improvements shall conform to the current State of Washington Standard Specifications for Road and Bridge Construc- tion, and other applicable County standards and /or adopted resolutions pertaining to Road Standards and Stormwater Manage- ment in effect at the date of construction, unless otherwise approved by the County Engineer. 10. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners' Resolution No. 80 -1592, as amended. 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 application approval and issuance of permits by the Health District. 4 (contd.) COUNTY UTILITIES DEPARTMENT (continued) 2. 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. 3. Any water service for this project shall be provided in accord- ance with the Coordinated Water System Plan for Spokane County, as amended. 4. Each new unit shall be double - plumbed for connection to future areawide collection systems. COUNTY HEALTH DISTRICT ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 1. Appropriate utility easements shall be indicated. 2. 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. 3. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 4. Subject to specific application approval and issuance of permits by the Health Officer, the proposal is authorized the use of an individual on -site sewage system. 5. Water service shall be coordinated through the Director of Utilities, Spokane County. 6. Water service shall be by an existing public water supply when approved by the water purveyor. 7. Disposal of sewage effluent beneath paved surfaces is currently prohibited. 5 (contd.) E. ORDER COUNTY BUILDING AND SAFETY DEPARTMENT 1. The site is located in Fire District #1. ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 2. Installation of fire hydrants are required to be installed in accordance with the requirements of the Spokane County Department of Building and Safety and Fire District No. 1. 3. Reclassification of an existing building shall require an application for change of occupancy permit, building permit and subsequent inspection for approval. f) WATER PURVEYOR 1. The proposal is located within the service area of Hutchinson Irrigation District #16. g) COUNTY AIR POLLUTION CONTROL AUTHORITY 1. During preparation of the project site, dust emissions must be controlled. Measures must be taken to avoid the deposition of dirt from unpaved surfaces onto paved surfaces. 2. All access roads and parking areas for the proposed project must be paved. Following paving of all traveled surfaces (including parking areas) a program should be established for cleaning of the paved surfaces by use of wet flushing/ sweeping equipment or vacuum sweeping equipment. The Zoning Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of David R. Balch for a zone reclassification as described in the application should be APPROVED. 6 (contd.) E. ORDER (continued) ATTEST: Motion by: Myers Vote: For WALLIS D. HUBBARD lanning Director 1 E By' STEVE P. HOROBIOWSKI Zoning Administrator Date: 4,.« / // /9g3 - —4 APPROVE TO COMMERCIAL ZONE Myers - Aye Williams - Aye Skalstad - Aye Unanimous to Approve ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83 Seconded by: Williams -0) HEARING EXAMINER HEREBY ATTEST TO FINDII ORDER, 'Chairman COMMITTEE THE ABOVE AND VOTE NOTE: See File WVE -27 -83 for Zoning Adjustor Decision on Waiver of Violation for Rear Yard Setback for Existing Structure. 7 (contd.) F. ZONING ADJUSTOR DECISION WAIVER OF VIOLATION TO ALLOW AN EXISTING FIVE FOOT REAR YARD SETBACK TO CONTINUE a) FINDINGS b) DECISION 1. That the applicant has frontage and access on Hutchinson Road where the asserted violation exists. This could be considered a rear yard which would require a 15 -foot setback, or a side yard of 5 feet, which the building complies with as it is con- structed. The technical distinction does not merit any change of the structure from its location. 2. Adjoining property owners in the area have not indicated any concern with the structure as it is constructed or that it is in any way materially detrimental to their properties. To APPROVE the Waiver of Violation and subject to the Conditions attached to the zoning approval for File ZE- 29 -83. DOUGLAS S. DAMS Zoning Adju tor for Spokane County Date: O if /k3 8 ZONE RECLASSIFICATION NO.: ZE -29 -83 WAIVER OF VIOLATION NO.: WVE -27 -83