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ZE-0042A-82 ~ . ~ ~ SPOKANE COUNTY HEARING EXAIVIINER RE: Change of Conditions in the existing ) FINDINGS OF FACT, Regional Business (B-3) Zone; ) CONCLUSIONS OF LAW, Applicant: Pat Martin ) AND DECISION File No. ZE-42A-82 ) 1. S Y OF PROPOSAL AND DECISION Proposal: Application for a change of conditions to allow for administrative review of specific site development plans. Decisioa: Approved, subject to conditions. II. BACKGROUND/FINDINGS OF FACT A. GeneralInformation: Applicant: Pat Martin, Tomlinson Black Commercial, Inc., 107 South Howard Street, Spokane WA 99201 Owners: Alan Snyder and Florestine Snyder, George and Jeri Chalich, and Duane and Deanna Ranniger. Location: Generally located north of and adjacent to Sprague Avenue, approximately 1,100 feet east of Sullivan Road, in the SW1/4 of Section 13, Township 24 North, Range 44 EWM, Spokane County, Washington. Zoning: Regional Business (B-3) zone. The site is also located inside the Aquifer Sensitive Area and the Public Transit Benefit Area designated by the County Zoning Code. Comprehensive Plan Category: 1Vlajor Commercial. The property is also located within the Aquifer Sensitive Area, Priority Sewer Service Area and Urban Impact Area designated by the Comprehensive Plan. IUGA: The site is located inside the interim urban growth area boundaries designated by the County pursuant to the Growth Management Act. Environmental Review: A Detennination of Nonsignificance (DNS) was issued on December 13, 1999. Site Description: The subject property is approximately 2.58 acres in size and is accessed from Sprague Avenue. The site is slightly elevated above Sprague Avenue, and is generally flat. The property is currently vacant, except for an old storage structure located on its northeast portion. The site consists of two separate tax parcels of record. HE Findings, Conclusions and Decision ZE-42A-82 Page 1 1 Surrounding Conditions: Sprague Avenue and Sullivan Road in the area are designated as Principal Arterials by the Spokane County Arterial Road Plan, and comprise major traffic and commercial comdors in the Valley area of the county. The site is also located south of and adjacent to the undeveloped right of way for Main Avenue. The land lying north of the site is zoned Urban Residential-3.5 (UR-3.5), and consists of single-family homes on parcels of 1 acre or larger. The land lying west of the site is currently zoned Community Business (B-2), and is cunently developed for office and commercial uses. The southerly half of the land lying west of the site, fronting along Sprague Avenue, is currently developed for offices and automobile sales, and recently received oral approval for a rezone to the B-3 zone. See Building and Planning File No. ZE-42A-82. The northerly half of the land lying west of the site, and the land lying directly northwest of the site, is developed for a Fred Meyer's store and an adjoirung shopping center. The south half of the land lying directly east of the site is zoned B-3, and is developed for a tire store. The north half of the land lying east of the site is zoned Urban Residential-22 (CTR-22), and is developed for apartments. The land lying south of the site across Sprague Avenue is zoned B-3, and has been developed primarily for commercial uses. Description of Application: The applicant seeks a change of conditions to delete County Planning condition of approval #1 attached to the 1982 rezone of the site to the Commercial (C) zone of the now expired County Zoning Ordinance, by the now defunct County Hearing Examiner Committee. See rezone decision dated 7-15-82 in Building and File No. ZE-42-82. Such condition required that a specific development plan be submitted to the Hearing Examiner Committee, prior to building permit application. The condition required that the development plan include building use, setbacks, signs, parking, landscaping and fencing. The condition in particular required that provisions for landscaping and/or fencing be included along the west and east boundaries of the north 320 of the site; that libhting be restricted to confine illumination to the site; and that no lighted signs be permitted on the north 320 of the site. . The requested modification would allow administrative Yeview of a specific site development plan for the property. The site plan of record submitted on October 8, 1999 illustrates an auto parts store on the northerly 257 feet of the site, no development on the northerly portion of the site, and a proposed property line dividing such portions of the subject property. The site pian illustrates 20 feet of Type I landscaping along the easterly boundary of the northerly portion of the site and the westerly half of the north boundary of the site, and illustrates 5 feet of Type III landscaping along the easterly half of the north boundary. At the public hearing, the applicant requested that a 6-foot high sight-obscuring fence be installed along the northerly portion of the west property line instead of the 20 feet of Type III landscaping illustrated on the site plan of record. A 65-foot building setback is also illustrated along the northerly 220 feet of the east property line of the subject property. The project would be served by public sewer and water, and modern utilities. B. Procedurallnformation: Applicable Zoning Regulations: Spokane County Zoning Code Chapters 14.402, 14.504 and 14.628 HE Findings, Conclusions and Decision ZE-42A-82 Page 2 ~ Hearing Date and Location: December 15, 1999, Spokane County Public Works Building, Lower Level, Cornmissioners Assembly Room, 1026 West Broadway, Spokane, WA. Notices: Mailed: November 24, 1999, by applicant Posted: November 30, 1999, by applicant Published: November 30, 1999, by County Compliance: The legal requirements for public notice have been met. Hearing Procedure: Pursuant to County Resolution Nos. 96-0171 and 96-0294 'I'estimony: Tammy Jones Scott Engelhard Division of Building and Planning Division of Engineering and Roads 1026 West Broadway 1026 West Broadway Spokane, WA 99260-0240 Spokane, WA 99260 John Konen Pat Martin 110 West Cataldo 107 South Howard Spokane, WA 99201 Spokane, WA 99201 Items Noticed: Spokane County Generalized Comprehensive Plan, County Zoning Code, County Code, County Arterial Road Plan maps, and final land use decisions referenced in Staff Report. County Resolution Nos. 97-0874 (revising interim regulations for County IUGAs), 97- 0321 (adopting interim regulations for County IUGAs), 96-0294 (Hearing Examiner Rules of Procedure), 96-0171 (Hearing Examiner Ordinance), and 85-0900 (adopting Standards for Road and Sewer Construction, and adopting Guidelines for Stormwater Management). III. FINDINGS OF FACT & CONCLUSIONS OF LAW LAND USE ANALYSIS A. AAproval criteria The County Hearing Examiner Ordinance authorizes the Hearing Examiner to grant, deny or grant with such conditions, modifications and restrictions as the Examiner finds necessary to make a change of conditions application compatible with the Spokane County Generalized Comprehensive Plan and development regulations. See County Resolution No. 96-0171, Attachment "A", paragraphs 7(d) and section 11. Development regulations include, without limitation, the County Zoning Code, the State Environmental Policy Act (SEPA) and the County's Local Environmental Ordinance (chapter 11.10 of Spokane County Code). The County Zoning Code references change of conditions applications, but does not establish specific criteria for approving such applications. Zoning Code 14.504.040 requires that an application for any significant change to the site development plan approved for a prior rezone, or to change the conditions of approval imposed on a prior rezone, be approved by the Hearing Body following a public hearing. Zoning Code 14.402.120 references change of condition applications related to a prior rezone. HE Findings, Conclusions and Decision ZE-42A-82 Page 3 ; ' Since a change of conditions application modifies a prior rezone action, the criteria for approving a rezone is generally applicable. Section 14.402.020 of the Zoning Code authorizes amendments to the Code based on any one of six (6) grounds, without differentiating between amendments to the zoning text of the code and amendments to the official zoning map. Zoning Code 14.402.020(1) authorizes the Code to be amended if it is consistent with the Comprehensive Plan and is not detrimental to the public welfare...". Zoning Code 14.402.020(2) authorizes a Code amendment where [c]hanges in economic, technological, or land use conditions has occurred to warrant modification of this Code...". These are the most relevant criteria for consideration of a change of conditions application. Zoning Code 14.100.104 states that Code provisions shall be interpreted to carry out and implement the purpose and intent of the Comprehensive Plan, and the general plans for physical development adopted by the Board of County Commissioners. Zoning Code 14.100.106 states that when the Zoning Code conflicts with the Comprehensive Plan or other adopted plans and regulations of the County or other regulatory agencies, the more restrictive provisions shall govern to the extent legally permissible and the Zoning Code provisions will be met as a minimum. The Comprehensive Plan itself indicates that it should be used as a reference source and guide for making land use decisions. See Comprehensive Plan, p. 2. The "decision guidelines" set forth in the respective sections of the Plan are to be used as a guide to determine whether or not a particular proposal should be approved, conditioned or denied. In considering a rezone application, Washington case law generally provides that (1) there is no presumption in favor of the rezone, (2) the applicant for the rezone must prove that conditions have substantially changed in the area since the last zoning of the property, and (3) the rezone proposal must bear a substantial relationship to the public health, safety or welfare. Parkridge v. Seattle, 98 Wn. 2d 454, 462 (1978); and Bjarnson v. Kitsap County, 78 Wn. App. 840 (1995). General conformance with a comprehensive plan is usually required before a rezone can be approved. Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.Zd 861, 873 (1997); Cathcart v. Snohomish County, 96 Wn.2d 201, 211-12 (1981). Some cases have dispensed with the changed circumstances requirement where the rezone closely implemented the policies of the comprehensive plan. Bjarnson v. Kitsap County, supra.; Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 370-371 (1983); and Tugwell v. Kittitas County, 90 Wn. App. 1, 81 951 P.2d 272 (1999). Washington case law indicates that where a comprehensive plan conflicts with zoning regulations, the provisions of the zoning code will usually prevail. See Weyerhaeuser v. Pierce County, 124 Wn.2d 26, 43 (1994); and Cougar Mt. Assocs. v. King County, 111 Wn.2d 742, 755- 57 (1988); and Nagatani Bros. v. Commissioners, 108 Wn.2d 477, 480 (1987). A change of conditions is not a rezone, because it does not change the actual zone of the property. However, a change of conditions application may significantly affect conditions of approval,'as well as the permitted uses, location of buildings, landscaping, conditions of approval and other features in a site development plan, approved in conjunction with a prior rezone. The HE Findings, Conclusions and Decision ZE-42A-82 Page 4 ~ changed condition application should be justified by the same changes that supported the original rezone, as modified by any more recent changes in the area. B. The proposed chanize of conditions, as conditioned, eenerallv conforms with the Spokane Countv Generalized Comprehensive Plan, bears a substantial relationship to and will not be detrimental to the public health, safetv and izeneral welfare, and complies with the Spokane Countv Zoning Code and other applicable develoament regulations. In 1982, the site was rezoned from the Agricultural (A) to Commercial (C), for development of a racquet club, under the now expired County Zoning Ordinance. The applicant seeks to delete a condition of approval of the prior rezone, requiring the submittal of a detailed site plan for review, by the now defunct County Hearing Examiner Committee, prior to issuance of a building permit. The condition also required certain landscaping and/or fencing along the west and east borders of the north 320 feet of the site, restrictions on any lighted sips on the north 320 feet and no illumination beyond the boundaries of the subject property. The rezone decision found that site plan review by the Committee was needed, to assure compatibility of the proposed commercial use of the site with adjoining residential uses. See Hearing Examiner Committee Findings and Order dated 7-15-82 in Building and Planning File No. ZE-42-82. Effective January 1, 1991, the zoning of the site was reclassified to the Regional Business (B-3) zone, pursuant to the Program to Implement the Spokane County Zoning Code. The Program to Implement specifically required that special conditions and site planning limiting development of a site rezoned under the County Zoning Ordinance continue to apply to the site after its reclassification under the County Zoning Code, pursuant to the Program to Implement. See County Resolution No. 85-0900, Program to Implement, Section 1. A change of conditions is therefore required for the project, under Zoning Code 14.504.040. The site is designated in the Major Commercial category of the Comprehensive Plan. The Major Commercial (C) Category is intended to provide the opportunity for development of cornmercial uses, specifically community and regional shopping centers and commercial uses directly related to major throughways. Major Commercial areas typically requixe a full line of public services and utilities, including public sewer. The Regional Business (B-3) zoning is intended to implement the Major Commercial category of the Comprehensive Plan, including those policies which encourage commercial development along Principal Arterials or highways and the establishment of regional-serving commercial uses. Zoning Code 14.628.100. The proposed rezone clearly implements such policies, since it is located along a Principal Arterial, the arterial serves as a major commercial corridor in the area, and the project is served by a high level of public services. The Major Commercial category indicates that buffering or spatial separation should be required between proposed and existing uses if it is determined that a proposal's physical characteristics may be objectionable to future development on nearby available lands. Decision Guideline 6.1.3. Decision Guideline 6.1.8 states that appropriately buffered multi-family development in such category compatible with existing and potential commercial activities may be permitted as transition between commercial uses and low-intensity uses such as single-family uses. Small-scale convenience stores and commercial enterprises are recommended in the Major HE Findings, Conclusions and Decision ZE-42A-82 Page 5 i P Commercial category adjacent to residential neighborhoods, particularly when located in an adjoining land use category. Objective 6.1.1 and Decision Guideline 1k6.1.13. The land lying between the Sprague Avenue and Main Street in the area is designated in the Major Commercial category, while the land lying north of Main Avenue in the vicinity is designated in the Urban category. The land lying north of the site consists of single-family residential parcels of one (1) acre or greater, zoned UR-3.5. Such parcels are very long from north to south, extending between Main Avenue (extended) and Valleyway Avenue. The land lying east of the northerly portion of the site is zone UR-22, and developed for multi-family residences. The remainder of the land surrounding the site is zoned B-2 or B-3, and developed for commercial uses. No opposition to the change of conditions appears in the record. The project is conditioned for compliance with the B-3 zone, which applies to any changes to the property from the 1982 rezone. The site plan of record illustrates 20 feet of Type I landscaping where it is adjacent to UR-3.5 zoning, as required by the B-3 zone. See Zoning Code 14.806.040 (1)(d). Such landscaping, along with the length of the single-family lots located to the north, which front on Valleyway Avenue, provide reasonable compatibility between the project and such lots. The 65-foot setback illustrated along the northerly portion of the east border exceeds the 15-foot side yard setback required for B-3 zones adjacent to UR-22 zoning. See Zoning Code 14.628.325 (2). At the public hearing, the applicant requested that a sight-obscuring fence be required along the northerly portion of the east property line, in lieu of the 20 feet of Type I landscaping illustrated on the site plan of record. The Examiner finds that such fencing, along with the excessive building setback proposed in this area, provides a sufficient buffering for the multi-family uses located to the north and east. The Examiner also agrees with the applicant and staff that such landscaping and fencing may be deferred until the northerly portion of the site is developed. The County Engineering conditions of approval prohibit the project from accessing Main Avenue, which condition is intended to prevent the mixing of commercial and residential traffic. As conditioned, the project is reasonably compatible with adjoining land uses and generally conforms with the Major Commercial category of the Comprehensive Plan. No public agencies requested that the Determination of Nonsignificance (DNS) for the project be withdrawn or modified, or alleged that the project would have significant, probable adverse impacts on the environment. As conditioned, the proposal will not have more than a moderate effect on the quality of the environment, and issuance of the DNS was appropriate. The procedural requirements of chapter 43.21 C RCW (SEPA) and chapter 11.10 of the Spokane County Code have been met. C. Conditions in the area in which the propertv is located have chanaed substantiallv since the propertv was last zoned. In applying the changed circumstances test, courts have looked at a variety of factors, including changed public opinion, changes in land use patterns in the area of the rezone proposal, and changes on the property itself. Washington courts have not required a"strong" showing of HE Findings, Conclusions and Decision ZE-42A-82 Page 6 ~ change. The rule is flexible, and each case is to be judged on its own facts. Bassani v. County Commissioners, 70 Wn. App. 389, 394 (1993). Recent cases hold that changed circumstances are not required for a rezone if the proposed rezone implements policies of a comprehensive plan. See Bjarnson v. Kitsap County, 78 Wn. App. 840, 846 (1995); and Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 370-371 (1983); and Tugwell v. Kittitas County, 90 Wn. App. 1, 8, footnote 6(1997). As discussed above, the project generally conforms with the Comprehensive Plan. Changed conditions which support the change of conditions reclassification of the zoning of the site to the B-3 zone, subject to the conditions of the 1982 rezone; the approval of several rezones to the B-3 zone in the vicinity along Sprague Avenue for commercial development during the 1990s; recent improvements to Sprague Avenue east of Sullivan Road; the extension of public sewer to the area; designation of the site within the County's IUGA boundaries; increased traffic along Sprague Avenue in the area; recent commercial development along Sprague Avenue and Sullivan Road in the area; and general population growth in the Valley area of the county. IV. DECISION Based on the above Findings of Fact and Conclusions of Law, Planning Department condition # 1 to the 1982 rezone of the site is hereby deleted; and the change of conditions application is hereby approved, subject to the conditions of approval of public agencies stated below. Any conditions of such agencies which 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 BUILDING AND PLANNING 1. The proposal shall comply with the Regional Business (B-3) zone, as amended, and other applicable provisions of the Spokane County Zoning Code. 2. The applicant shall develop the subject property generally in accordance with the site plan of record submitted on October 8, 1999, which is deemed to include future speculative development on the northerly portion of the site. A detailed site plan shall be submitted for administrative review by the Division of Building and Planning before issuance of a building permit for development of the northerly portion of the site. Variations, when approved by the Director of the Division of Building and Planning/designee, may be permitted pursuant to Section 14.504.040 of the Spokane County Zoning Code, and to comply with conditions of approval and applicable development regulations. 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. HE Findings, Conclusions and Decision ZE-42A-82 Page 7 ` ! 3. The Division of Building and Planning shall prepare and record with the Spokane County Auditor a Title Notice noting that the property in question is subject to a variety of special conditions imposed as a result of approval of a land use action. This Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released, in full or in part, by the Division of Building and Planning. The Title Notice shall generally state as follows: "The parcel of property legally described as [ is the subj ect of a land use action by a Spokane County Hearing Examiner on December 29, 1999, imposing a variety of special development conditions. File No. ZE-42A-82 is available for inspection and copying in the Spokane County Division of Building and Planning." 4. All remaining conditions of approval contained within the Hearing Examiner Committee's Findings and Order for File No. ZE-42-82 dated July S, 1982 shall be complied with. 5. The applicant shall install and maintain a six (6) foot high concrete, masonsy or decorative block wall, solid landscaping or sigh t-obscuringfen ce along the east property line of the site adjacent to Urban Residential-22 (UR-22) zoning, in lieu of the 20 feet of Type Illlandscaping illustrated by the site plan of record along such property line. Such screening, and the landscaping illustrated along the north property line of the site, need not be installed until the northerly portion of the site is developed or a building permit is issued for such portion of the site. SPOI{ANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior to release of a building pemut or use of the property as proposed: 1. Access permits for approaches to the County Road System shall be obtained from the County Engineer. 2. The applicant shall subrriit for approval by the Spokane County Engineer drainage and access plans. 3. The applicant shall submit for approval by the Spokane County Engineer and the Spokane Regional Health District a detailed combined on-site sewage system plan and surface water disposal plan for the entire project, or portion thereof if the development is phased. 4. 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 proj ect which is to be occupied or traveled by vehicles. 5. 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. HE Findings, Conclusions and Decision ZE-42A-82 Page 8 . 6. Access to Main Avenue shall be prohibited until such time as specifically authorized by the Spokane County Engineer. 7. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane County Resolution No. 99-0265 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. No road frontage improvements are required for this proposal. Roadway improvements were accomplished by CRP No. 2676. SPOKANE COUNTY DIVISION OF UTILITIES 1. A wet (live) sewer connection to the area-wide public sewer system shall be constructed. A sewer connection permit is required. Commercial developments shall submit historical andlor estimated water usage prior to the issuance of the connection permit, in order to establish sewer fees. 2. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of the sewer construction permit. 3. Arrangements for payment of applicable sewer charges must be made prior to the issuance of sewer connection permits. Sewer charges may include special connection charges and general facilities charges. Charges may be substantial depending upon the nature of the development. 4. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 5. Stormwater Utility: Grassed percolation area (GPA) swales are required for any impervious surfaces created, pursuant to the County Guidelines for Stormwater Management. SPOKANE REGIONAL HEALTH DISTRICT 1. Public water and sewer are required for the project. SPOKAi'vE COUNTY AIR POLLUTION CONTROL AUTHORITY 1. All air pollution regulations shall be met. HE Findings, Conclusions and Decision ZE-42A-82 Page 9 J G DATED this 29th day of December, 1999. SPOKANE COUNTY HEARING EXAMINER MichaeY C. Dempsey, WSBA #8235 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution No. 96-0171, the decision of the Hearing Examiner on an application for a change of conditions is final and conclusive unless within twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with standing files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed. This Decision was mailed by Certified Mail to the Applicant on December 29, 1999. The date of issuance of the Hearing Examiner's decision is therefore January 3, 2000, counting to the next business day when the last day for mailing falls on a holiday or weekend. THE LAST DAY FOR APPEAL OF TI3IS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS JANUARY 24, 2000. 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 ciuring normal working hours, listed as Monday - Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:30 p.m. Copies of the documents in the record will be made available at the cost set by Spokane County. HE Findings, Conclusions and Decision ZE-42A-82 Page 10 ENGINEER'S REVIEW SHEN:"1' Nrqjrct Strtus Activc :\s Built I'ians f2.es,-etvrtt Rezone File 4: ZE-0047A-82 Rnad Plans Appravcd C.ompanian *vc~~ ftaad Standards 5-15-95 Mylar M: Rtlutcd Hilr:s- Hcaring: 12/15/1999 09:00 fiu;ld=ng t)cji;- Technical Reviev►•: 10128)1999 tl I-1 S f'rcliminary Rcvica,- Typc L argc I.ei I31dy;. Syuarr rrrt I}nte Receivcd i~; I~1999 Project I`tnmc B-3 CHG ON COrU Si1r Address W. CONKI..TN, SMAIN, N. `1`!{,-;k.1;l:. l.: til!l.LtV:+,N'. IL:s1,gc-?0%►11.11:1p-SeLI101 . l? f'AK( F:I.(s): w, Applicaet C'onJiuansMiailrii: Z~ 45133_1435 45133.154;, Pat tifartin Flnod 7onc N~ TObiLIh`SON BLAClC C0MA4ERC[:1I. Watrr Source 107 S. }lownrd St . SOU $s-,wcr Sourcr SPUK.ANE. WA 9920I- Schno) Dist Phanc Firc Disi 1 i>09)o33-IOQO I'h<<nc Dis! 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SP01W\T' D1VISlON OF BUILDIIVG AND PLANNING Cou'uy " HEARING DATE: December 15, 1999 @ 9:00 a.m. FILE ZE-42A-82 PROJECT PLANNER: Tammy Jones, Associate Planner PROJECT DESCRIPTION: Change of conditions to an existing Regional Business (B-3) zone to allow for administrative review of specific site development plans. Proiect Data Project Location: . The site is generalfy located north of and adjacent to - Sprague Avenue and approximately 1100 feet east of -Sullivan Road in the SW %4 of Section 13, Township 24 N., Range 44 EWM, Spokane County, - Washington. Parcel Number(s) - - 45133.1435, 45133.1546 Applicant Pat Martin, Tom{inson Bfack Commercial 107 S. Martin St. Spokane, WA 99201 - (509) 623-1000 Comprehensive Plan Oesignation: Major Commercial Zoning: ' Regional Business (B-3) Existing Land Use: Vacant, undeveloped land Surrounding Zoning and Land Uses: • North: - Zoning to the north of the site consists of Urban . Residential-3.5 (UR-3.5) established in 1991, - - - previously classified as Agricultural (A) in 1942 (ZE- . 60-42). Land use to the north of the site consistst of single famify residences on lots that are approximately 1 acre or larger in size. ._South: Zoning to the south of the site consists of Regional - Business (B-3) established in 1991, previously - classified as Commercia! (C) in 1984 (ZE-112-84C). - Land use to the south of the site is predominantfy commercial. : East: Zoning to the east of the site consists of Regional . Business (B-3) established in 1991, previously classified as Commercial (C) in 1978 (ZE-63-78C) and Urban Residential-22 (UR-22) established in - 1991, previously classified as Multiple Family - - Suburban (MFS) in 1978 (ZE-63-78C). Land use to the east ofi the site is commercial and multi-family ZE-42A-82 Staff Report - December 15, 1999 Hearing 1 of 5 ' ~4 - - , _ - - ~ Criiical Areas Maps. Floodplain ~ The site is not located within a flood plain - Geologically-Haiardous Areas - None illustrated on the Spokane County Critical Areas Maps. Wetlands - None illustrated on the Spokane County Critical Areas Maps. SEPA A Determination of Nonsignificance (DNS) was issued for the proposal on November 26, 1999, with a comment period ending on December 13, 1999. Noticinq Published: The proposal was published in the Legal Notice section of the Spokesman Review on November 30, 1999. The deadline for notifying property owners/taxpayers within 400 feet of the proposal was November 30, 1999. Site Posting Deadline: The deadline for posting public notice on the site was November 30, 1999. 1724 Compliance Dates Application Accepted: October 8, 1999 Technically Complete / Determination of Completeness issued: November 1, 1999 Date Notice of Decision is due: February 29, 2000 Reviewinq Aqencies 9 agencies were notified on October 15, 1999, and November 22, 1999. Comments were due on October 28, 1999, and December 6, 1999. Agencies'Notified Response Date Agencies Notified Response - Date Received Received Received Received Spokane County Division -Yes 11/19/99 Spokane Regional Yes 12/2/99 of Engineering; Health District Transportation Spokane County Division Yes 10/18/99 Spokane County Air Yes 10/20/99 of Engineering; Pollution Control Development Services Authority Spokane County Division Yes 11/19/99 Spokane County Fire No of Utilities Protection District No. 1 Spokane County Yes 1212199 Vera Water & Power No Stormwater Utility Spokane County Division No of Long Range Planning Aqencv Comments: Agency comments received are in the form of recommended conditions of approval. Public Comments: No public comments have been received for the proposed land use action. Description of the Site: The subject property is approximately 2.58 acres in size and is accessed from Sprague Avenue. Sprague Avenue is designated as a Principal Arterial by the Spokane County Arterial Road Plan. The site is also located south of and adjacent to the undeveloped right of way for Main Avenue. The site consists of two ZE-42A-82 Staff Report - December 15, 1999 Hearing 3of5 . ~ , - Zoning in the general area of the site consists of a mix of Urban Residential-3.5 (UR-3.5), Urban Residential- 22 (UR-22), Community Business (B-2), Regional Business (B-3) and Light Industrial (I-2). Site Plan: The site plan of record illustrates a proposed auto parts store to be located on the south portion of the site. There is no proposed use for the north portion of the site at this time. The site plan generally illustrates the required parking, landscaping and building setbaclcs for the proposed. Detailed site plan review to determine compliance with the applicable development standards will be necessary and is recommended to be administrative in nature. Staff Summary: The proposed change of conditions to modify the condition of approval requiring public hearing review of site development plans to allow for administrative review is not contrary to the policies of the Major Commercial category or the development standards of the existing Regional Business (B-3) zone, and should not adversely affect existing residential uses to the north of the site. Attachments: A. Maps • Vicinity Map • Site Development Plan • Comprehensive Plan • Zoning B. Conditions of Approval C. Agency Comments ZE-42A-82 Staff Report - December 15, 1999 Hearing 5of5 i . ATTACHMENT A MAPS VICINITY MAP SITE PLAN COMPREHENSIVE PLAN MAP ZONING MAP ~ ZE=42A=82 Site Development Plan - ~ - ,uur .rz T ~ r ^~~O i - - - ~,x ( ~ i cOeMCE rARrs coWAxr ~ 2VOa cata.e rs vAmcwJ►r AnrwrA. ceoacan soaio rio-vss-neo oax.c ..ou,. uc ~ ~ 1 ( I 'P~ 1 ~ . r.~r-as I ~ ~ .f , u 30 60 ~ 31~ ~ ' ~ .n+ +w..~-~,•m I I wvo.+..~ - r•c ~ ro u/L .u 1 a~i~ mPt -)ID~ ~ U»O !o wV ~ ~ •Mm„q . - r sen • an. s~.n~ 0y ~ I " 1~1 /e I I dl ~Q ~y~y C-W » ~ Iq = tr►r~ssl/s~-f9.aa ; 1 1 p 1 m•.a .~sv a ac ~ I 11 ~ ~.t.• ~ ~~I r.sr++ A-ar ~ rt 7:' . 56 - 7R'+a L. f~ ~8 e • ► A R T S PCI= SIG`1 F a o r o 1 q S10p E ri ~ . . . . . . . . . . . . . . . IIUI -...o_~:x` 1 1 1 1 ~ ~o a.ao 4 ^.~a, I .+ns ~ 1 I i i f ~ i ~IIIIII~ , ~ Fi ~ ~ ~ ~ ~ - - /CLie J I- _ _ _ _ ' ~ ~ ~ ~ i f_' r -.t'~l,y ` 1_ • • . . . . - . . . . . : ~u.z~.`LJ. l: Z - l?'Z'r' 117-.-.. _ --1 ~~~.✓~.M~~'e V '~a^i~~i:~~a,r.a''-.:~5~'x•'^'v. . ..;n' .ot w J ' T'ir`~ ( ' A I I '---------------J------------ . i auU.-..~ c.R ENaosJRE .u Not to Scale N' COMPREHENSIVE PLAN MAP ,-4 .2A_82 ~ ZIE . Zoning B-3 B-3 Uii-3.5 ~ ~R-~ ' 1~roadway ~ . - 173.5 ~ M. lo > d_ 3I 5 1- ` ~ • ~ ~ B_3 - s B•1 _ ~ E . ~ UR-3.5 ~ g- ~ - ( B-2 U B-1 ~ U - ~ Ua:3.5 ~ 3 l R-~.6 ~-.~JF~3.5 ~-3,5 3 B-2 o `r . = B_2 V►.~ UR-3 5 .5 - y UR-~ ~ 3.5 'SB'3 ~ B_Z . - ~ ( 14 UR-22 8-2 B e ~ B-3 B 1.3 ~ 12 ~ E B 3 R 2. ~ B~, B 2~B-3 613 I - - - - - i - 6 - - ~ , - 3~-~3 42 Q ~ B ` ^ B-3 B~~ 1_2 1_2 l-2 U-1.5 B-3 B-3 ~T12 ~ ~6.3 ~ . I U U R-3.5 1- UR-22 UR-22 B-3 J Birch C UR-3.5 I G ~ ~ ~ ^y ~ . ~ U~ • ~ UR-22 c c~ Ln ~ C* pruce ° UR UR-22 ~ j~- ~ ~a~e~ L~► . 5 -1 A-22 - ~ S ~3.5 ,6ch~.,n R 2~ UR•22 -3.5 + I cll- UR-3.5 UR-3.5 N A. Not to Scale • , . , ~ ~ 42A=82 ZE- Comprehensive Plan ~ -~•'lllll' Spo~ne-Ritve I + ~ i. a = ~ EL ~ -L]d R 1 ~ ' - 5 i~ . --~~Sp: _ - - - - , - - 1 - s c --T-~= - , ~ L ` ~ 1 (~~5 0,* rrm ~ 4 Ln_ N l 1 H 1 1 ~ , ~ r - ~ ~4 La ~ f r-- ~ I t q Subject Property within IUGA. 0 11 ~ . ~ ' ~ ~ • ~ y ~ Subject Property within PSSA. A-A-A Subject Property within UTA. SubJect Property within ASA. G Not to Scale N'` COMPREHENSIVE PLAN MAP i ~ I~+,~i,~ { - ~iarn« I~ s n.1V15 ~ ~~i ~ Z O ~ ~i~ a ~ ~ 1P ~ e pv4 , , t~ ~ lk~liv,u _ 0 ~v~v Danikm.. JSuIIVUf j ; V,y .r. ~ ^ , A}p~~y~y ~ Anli, Rnl r Q.mnrnppQ ~qp ` d - r"--~"' ~ ~ I{annt~s ~ ID ~ n Yfr Cdvin g G~.. ~ j ~ Culvm = CtJvln Wartm ° nn. Cl~, a Nr ~ A 'CC ^ {~~I l{ . ^ ~ I ` _ ' AdW;L (V _ ~ ^ a . Ilumt _ - ~Njmwlj S01J `on-vi I A ~ - ~ = p'''p 'J V 1'11 ~ t1 ~ A ~ J " J N , r w i ~ rfiturv ~an oncc n~ ry ~ ro I r r ~ c PN' ~ 9 ~ I11mrc Y ~ZL • ~ ~q~1i~ Nlootc PV. C~,,,~, ~ ~ Z, a~S ~ J tiv t~ a ~ h`~~, S.~ c,lp,L ~`~"`l~~ - ~ oo o- ~ ~ ~ ~~,y M~ yi trr - \ o _ P nnktin .~Ilvnyln L6ULweod P _ • ~ CD Shnnvnel. 0. v' _ _ ~ n ~ _ : . _ ra j ~ ~ , - _ ~ u j1°b:) ~ P I :tDd r Flon P9-*, uwcry 4 Rmo .r" A Q". F lora N~ Flnn _ ~il; rv4 „ 5~a ^I' - P '~,,,,rr In pyt ; - ti~i.~~~1~ 6~~qVx.L W tp rTi- ► ~ i . . ATTACHMENT B CONDITiONS OF APPROVAL • . 1 , ~ . RECOMMENDED C4NDITIONS I 1 - FoR ZE-42A-82 . SPOKA~,T COU.IsUY . DiVISION OF BUILOING ANO PLANNING 1. The proposai shall comply with the Regional Business (B-3), and all other appiicable chapters of the Spokane County Zoning Code, as amended. 2. The appiicant shall develop the subject property generally in accordance with the concept presented to the Hearing Examiner. Variations, when approved by the Director of the Division of Building and 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. 3. The Division of Building and Planning shall prepare and record with the Spokane County Auditor a Title Notice noting that the property in question is subject to a variety of special conditions imposed as a result of approval of a land use action. This Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released, in full or in part, by the Division of Building and Planning. The Title Notice shall generally provide as follows: The parcel of property legally described as is the subject of a land use action by a Spokane County Hearing Examiner on December 15, 1999, imposing a variety of special development conditions. File No. ZE-42A-82 is available for inspection and copying in the Spokane County Division of Building and Planning. 4. All remaining conditions of approval contained within the Hearing Examiner Committee's Findings and Order for ZE-42-82 dated July 8, 1982 shall be complied with. ZE42A-82 December 15, 1999 Public Hearing Division of Building and Planning Recommended Conditions of Approval • • I ATTACHMENT C AGENCY AND PUBLIC COMMENTS •S • r _ • • . • • OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243 sPOI;A•;F c«-ry "ENGINEER'S CONDITIONS OF APPROVAL" ZONE TO: Spokane County Pianning Depart 7co ntFROM: Division of En9ineerin9 & Roads 1 f~ yt-~ ~ IGlv.,14~ DATE: November 19, 1999 PROJECT: B-3 CHG OF COND FILE ZE-0042A-82/() Hearing: 12/15/1999 @ 9:00 SponsorlApplican#: PAT MARTIN Section Township-Range: 13-25-44 Pianner: TAMMY JONES Technical Review Date: (10128/1999 @ 1:15) The Spokane County Engineering Department has reviewed the above referenced application. The following "Conditions of Approval" are submitted to the Spokane County Planning Department for inclusion in the "Findings of Fact, Conclusions and Order/Decision" should the request be approved. Prior to release of a building permit or use of property as proposed: 1. Access permits for approaches to the County Road System shall be obtained from the County Engineer. 2. Applicant shall submit for approval by the Spokane County Engineer drainage and access plans. 3. 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 or portion thereof if the development is phased. 4. 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. 5. All required improvements shall conform to the current State ofi 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. 6. Access to Main Avenue shall be prohibited until such time as specifically authorized by the Spokane County Engineer. CC: F,poliCant P.`-.i MAP.TZN Engineer/Su_ :-e::or Plan.ner T:.;•TDIY JQNES < a . L^ . , • ~ . ~ Page 2 12/15/1999 10/28/1999 ZE-0042A 82 ' 7. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners resolution 99-0265 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. No road frontage improvements are required for this proposal. Roadway improvements were accomplished by CRP No. 2676. END I • ' . • \ ' OFFICE OF THE SPOKANE COUNTY ENGINEER - ' 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243 srovxxg~pct«.►rm "ENGINEER'S CONDITIONS OF APPROVAL" TR ZONE TO: Spokane County Building and PI ning Departrhent FROM: Division of Engineering & Roads DATE: October 28, 1999 PROJECT: B-3 CHG OF COND FILE ZE-0042A-82 Sponsor/Applicant: PAT MARTIN Section Township Range: 13-25-44 Planner: TAMMY JONES Technical/Review Date: (10/2811999 @ 1:15) The Spokane County Engineering Department has reviewed the above referenced application. The following "Conditions of Approval" are submitted to the Spokane County Planning Department for inclusion in the Technical Review Meeting. Prior to the release of a building permit or use of property as proposed: 1. Access permits for approaches to the County Road System shall be obtained from the County Engineer. 2. Applicant shall submit for approval by the Spokane County Engineer drainage and access plans. 3. 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 or portion thereof if the development is phased. 4. 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. 5. 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. 6. Access to Main Avenue shall be prohibited until such time as specifically authorized by the Spokane County Engineer. CC: Applicant PaT PdARTIN Enginee=/Surveyor Planner T20MA7Y JONES • . . . Page 2 10/28/1999 0042A • 7. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners resolution 99-0265 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. No road frontage improvements are required for this proposal. Roadway improvements were accomplished by CRP No. 2676. END t • ` ~ ' . Rr-CEIVEp SPOKANE REGIONAL HEALTH DISTRICT ,gO¢~NE: COU~ ,FSNVIRONMENTAL HEALTH DIVISION INTEROFFICE MEMO 0 Iy4`' . DEC GN;S"19N, p` g°JILDlNG AND PLAN`ilNG DATE: November 29, 1999 J TO: Tammy Jones, Associate Planner, Spokane County Building and Planning Division FROM: Donald T. Lynch EHS II - EHD, SRHD SUBJECT: ZE-42A-82 Tomlinson Black Commercial Public water and public sewer are required for this project. p I a n n i ng . I trize-42a-8 2 r .i.• ~ . To: TAMMY JONES (Buiiding & Planning) CC: From: JIM RED (Utilities) Date: 12103/1999 Subject: ZE-0042A-82 Stage: Hearing Examiner Phase: Change of Condition SS09 A wet (live) sewer connection to the area-wide Public Sewer System is to be constructed. Sewer connection permit is required. Commercial developments shall submit historical and or estimated water usage prior to the issuance of the connection permit in order to establish sewer fees. SS12F Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of the sewer construction permit. SS15A Arrangements for payment of applicable sewer charges must be made prior to issuance of sewer connection permit. Sewer charges may include special connection charges and general facilities charges. Charges may be substantial depending upon the nature of the development. WS01 Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. r t r OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243 s~~,Zt~C0 r„t "ENGINEER'S CONDITIONS OF APPROVAL" ZONE TO: Spokane County Planning Depart ent I & Roads ~'~o~~ w- e, FROM: Division of En9ineerin9 ~ DATE: November 19, 1999 PROJECT: B-3 CHG OF COND FILE ZE-0042A-82/ Hearing: 12/15/1999 @ 9:00 Sponsor/Applicant: PAT MARTIN Section Township Range: 13-25-44 Planner: TAMMY JONES Technical Review Date: (10/28/1999 @ 1:15) The Spokane County Engineering Department has reviewed the above referenced application. The following "Conditions of Approval" are submitted to the Spokane County Planning Department for inclusion in the "Findings of Fact, Conclusions and Order/Decision" should the request be approved. Prior to release of a building permit or use of property as proposed: 1. Access permits for approaches to the County Road System shall be obtained from the County Engineer. 2. Applicant shall submit for approval by the Spokane County Engineer drainage and access plans. 3. 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 or portion thereof if the development is phased. 4. 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. 5. 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. 6. Access to Main Avenue shall be prohibited until such time as specifically authorized by the Spokane County Engineer. CC: Applicant PAT MARTIN Engineer/Surveyor Planner TAMMY JONES ~ - , . Page •2' 12f i'S/1999 10/28/1999 ZE-0042A 82 7. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners resolution 99-0265 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. No road frontage improvements are required for this proposal. Roadway improvements were accomplished by CRP No. 2676. END ~ • • . . . , RECEVED ~ . , Nov 2 2 1999 ~ t - SpXANE cOunmr ENGINEER S P O K A N E C O U N T X BUILDING AND PLANNING A DMSION OF THE PUBUC WORKS DEPARTMENT James L. Manson, C.B.O., Director Gary Oberg, Director MEMORANDUM TO. I Development Engineering Services; i emmings Spokane County Division of Utitities; Jim Red Spokane County Stormwater Utility; Brenda Sims Spokane Regional Health District; Steve Holderby Spokane County Air Pollution Control Authority Spokane County Division of Long Range Planning; John Mercer Fire District No. 1 Vera Water and Power FROM: Tammy Jones, Associate Planner DATE: November 22, 1999 SUBJECT: Review and comments for the hearing of December 15, 1999 at 9:00 a.m. FILE ZE-42A-82 DESCRIPTION: Change of Conditions to an existing Regional Business (B-3) zone to allow for administrative review of specific site development plans STR: l 3-25-44 APPLICANT: Pat Martin, Tomlinson Black Commercial, 107 S. Martin St., Spokane, WA 99201, 509-623-1000 Note that the application and maps were previously circulated to your agency. Please review and return any comments to me by December 6, 1999. Attachments: Notice of Public Hearing 1026 W. BROADWAY • SPOKANE, WASHINGTON 99260•0050 PHONE: (509) 477-3675 • FAX: (509) 4774703 o TDD: (509) 477-7133 1 1 . NOTICE OF PUBLIC HEARING SPOKANE COUNTY HEARING E R TO: All interested persons, and owners/taxpayers within 400 feet YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE LAND USE APPLICATION LISTED BELOW, AS FOLLOWS: Application: File No. ZE-42A-82; Change of Conditions to an existing Regional Business (B-3) zone to allow for administrative review of specific site development plans. Hearing Date and Time: December 15, 1999 @ 9:00 a.m. Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026 West Broadway, Spokane, Washington. Applicant: Pat Martin, Tomlinson Black Commercial, 107 S. Martin St., Spokane, WA 99201, 509- 623-1000 Address and Location: Generally located north of and adjacent to Sprague Avenue and approximately 1100 feet east of Sullivan Road in the SW '/4 of Section 13, Township 25 N, Range 44 EWM, Spokane County, Washington , Comprehensive Plan: Major Commercial Zoning Designation: Regional Business (B-3) Environmental Determination: A Determination of Nonsignificance (DNS) was issued by the County Division of Building and Planning, as the lead agency on November 30, 1999. The comment period ends December 13, 1999. Deadline for submitting SEPA Appeal: [note: only applies to administrative appeals to the Hearing Examiner, not to initial applications such as rezones or preliminary plats]. Division of Building & Planning Staff: Tammy Jones, (509) 477-3675 HEARING EXAMINER PROCEDURES Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted in Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and may submit written comments and documents before or at the hearing. The Hearing Examiner may limit the time given to speakers. A speaker representing each side of the issue is encouraged. Any appeal of the Hearing Examiner's decision will be based on the record established before the Hearing Examiner, pursuant to County Resolution Nos. 96-0171. Environmental appeals will follow the same procedural route as the underlying action. All hearings will be conducted in facilities which are accessible to persons with physical disabilities. Inspection of File, Copies of Documents: A Staff Report will generally be available for inspection seven days before the hearing. The Staff Report and application file may be inspected at the Spokane County Division of Building & Planning, 15` Floor Permit Center, Public Works Building, 1026 W. Broadway, Spokane, WA 99260, between 8 am and 4 pm, weekdays, M-F, except holidays. Copies of documents will be made available for the cost of reproduction. If you have any questions or special needs, please call the Division at (509) 477-3675. Send written comments to the Spokane County Division of Building & Planning, 1026 W. Broadway, Spokane, WA 99260, Attn: Tammy Jones, ZE- 42A-82. Motions must be made in writing and submitted to the Spokane County Hearing Examiner, 3' Floor, Public Works Building, 1026 W. Broadway, Spokane, WA 99260-0245. , . RECE VED DETERMINATION OF NOV NONSIGNIFICANCE "DNS ~~,•,,..y ~ WAC 197-11-970 and Section 11.10.230(~OKANEGOU~r~yENC~1IEER SPOKANE ENVIRONMENTAL ORDINANCE ~ 1999 FILE NITMBER: ZE-42A-82 SpOKANECaU~'n'ENGINEE R DESCRIPTION OF PROPOSAL: Change of Conditions to an existing Regional Business (B-3) zone to allow for administrative review of specific site development plans APPLICANT/OWNER: Pat Martin, Tomlinson Black Commercial, 107 S. Martin St., Spokane, WA 992019 509-623-1000 LOCATION OF PROPOSAL: Generally located N/adj to Sprague Ave and approx 1100 ft E of Sullivan Rd in the SW '/4 of S 13, T25 N, R44 EWM, Spokane Counfiy, WA. LEAD AGENCY: SPOKANE COUNTY DIVISION OF BUILDING & PLANNING DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for at least 15 days from the date issued (below). Comments regarding this DNS must be submitted no later than 4:00 p.m., December 13, 1999, if they are intended to alter the DNS. All comments should be sent to the contact person listed below. RESPONSIBLE OFFICIAL: By: Tammy Jones Title: Associate Planner Spokane County Division of Building & Planning 1026 W. Broadway Ave. 11 Spokane, WA 99260-0050 (5.09) 477-3675 DATE ISSUED: , 1999 SIGNATURE: A"f U C0M1V1E2,-M REGARDING ENVIRONMEIVTAL CONCERNS ARE WII,COME AT tHEAaRING. APPEAL OF THIS DETERMTNATION, after it becomes final, may be made to the SPOK:ANE COUNTY DIVTSION OF BUILDING & PLANNING, 1 st Floor, 1026 W. Broadway, Spokane, WA 99260. The appeal deadline is ten (10) calendar days after the signing of the decision to approve or disapprove the project. This appeal must be written and the appellant should be prepared to make specific factual objections. Contact the Division of Building and Planning to assist you with the specifics for a SEPA appeal. This DNS was mailed to: 1. WA State Department of Ecology (Olympia) 2. ~pokane C4o~un~ty D,~iivi is! iom of En~~,,,~u~~~, Trang porta i''on iE>n"g`in"'ee 'g, Pat Hrarpe_r 3. Spokane County Division of Engineenng, evelopment Services; BiII Hemmings 4. Spokane County Division of Utilities; Jim Red 5. Spokane County Stormwater Utility; Brenda Sims 6. Spokane Regional Health District; Steve Holderby 7. Spokane County Air Pollution Control Authority 8. Fire Protection District No. 1 9. Vera Water District 1 1 1 OFFICE OF THE SPOKANE COUNTY ENGINEER « 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243 ; srmxxu~~couwy "ENGINEER'S CONDITIONS OF APPROVAL" TR ZONE TO: Spokane County Building and PI ning Depart ent FROM: Division of Engineering & Roads c DATE: . Octo,ber 28,._1999 . . . ~ - - PROJECT: B-3 CHG OF COND FILE ZE-0042A-82 Sponsor/Applicant: PAT MARTIN Section Township .Range: _13-25-44 Planner: TAMMY JONES Technical/Review Date: (10/28/1999 @ 1:15) The Spokane County Engineering Department has reviewed the above referenced application. The following "Conditions of Approval" are submitted to the Spokane County Planning Department for inclusion in the Technical Review Meeting. Prior to the release of a building permit or use of property as proposed: 1. Access permits for approaches to the County Road System shall be obtained from the County Engineer. 2. Applicant shall submit for approval by the Spokane County Engineer drainage and access plans. 3. 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 or portion thereof if the development is phased. 4. 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. 5. 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. 6. Access to Main Avenue shall be prohibited until such time as specifically authorized by the Spokane County Engineer. CC: Applicant PAT MARTIN Engineer/Surveyor Planner TAMMY JONES ~ ♦ i , , Page 2 10/28/1999 0042A 7. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners resolution 99-0265 as amended and are applicabie 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. No road frontage improvements are required for this proposal. Roadway improvements were accomplished by CRP No. 2676. END A ~ 1 Kimball, Sandy _ From: Hemmings, Bill Sent: Monday, October 18, 1999 11:24 AM To: Jones, Tammy Cc: Engelhard, Scott; Kimball, Sandy; Sims, Brenda; Miller, Katherine; Darrell, Virginia; Davis, Tom B&P; Harper, Pat Subject: ZE-42A-82 - Pat Martin 10-18-99 I received this proposal on October 15, 1999. No concept drainage plan is required since this proposal lies in an area of approved soils. I know of no critical areas on this site. 1 recommend that any building permits for this property be required to meet the current Spokane County Guidelines for Stormwater Management and the Spokane County Standards for Road and Sewer Construction. Sw qeHUMio94, Page 1 r + • ` -d ~ ~ ~ i . C O U N -r 'Y S P O I< RUi[.D[NG AND PI.ANNING A DN1510N Ol- THF PUI3IJC WOKi:S Df;('ARTtv1F.Pff James L. Manson, C.I3.0., Director Gary Oberg, Director MEMORANDUM TO: Spokane County Development Engineering Services; Bill Hemmings Spokane County Division of Utilities; Jim Red Spokane Regional Health District; Steve Holderby Spokane County Stormwater Utility; Brenda Sims Long Range Planning Division; John Mercer Spokane County Fire Protection District No. 1 Spokane County Air Po{lution Control Authority Vera Water & Power FROM: Tammy Jones, Associate Planner V-~ DATE: October 15, 1999 RE: ZE-42A-82; Change of Conditions to an existing Regional Business (B-3) zone. TECHNICAL REVIEW MEETING OCTOBER 28,1999 a~ 1:15 p.m. DIV1S10N OF BUlLD1NG AND PLANNING 18i FLOOR CONFERENCE ROOM, Please review the above application and use the attached TECHNICAL REVIEW MEETING FORM for your comments. The Division of Building and Planning encourages you to attend this meeting. The sponsor and representative have also been invited to attend this meeting. If you cannot attend the meeting, please forward three (3) copies of your review comments on the attached form to me prior to the meeting. The attached TECHNICAL REVIEW FORMS will be given to the sponsor at the meeting and included in the Division of Building and Planning file for this proposal. Thank you for your cooperation. If you have any questions about the application, please contact me at 477- 3675, NOTE: The Division of Building & Planning will now be circulating comments for SEPA Checklist at the time of technica{ review. This will be ttie only time you will be able to comment regarding the SEPA Checktist for this project. C: Pat Martin John Konen, David Evans & Assoc. , Attachments: Technical Review Form, Project Application, Environmental Checklist, Site Plan 1026 W. BKOADWAY • SPOKANE, WASHINGTON 99260-0050 PHONE: (509) 477-3675 • FAX: (509) 477-4703 9 TDD: (509) 477-7133 r • 1 1 tSpokane County Division of Building & Planning Technical Review Meeting Meeting Date and Time: October 28, 1999 @ 1:15 p.m. Project File No.: ZE-42A-82 Project Location: Generally located north of and adjacent to Sprague Avenue and approximately 1100 feet east of Sullivan Road in the SW'/ of Section 13, Township 25 N., Range 44 EWM, Spokane County, Washington. Comprehensive Plan: Urban Project Description: Change of conditions to an existing Regional Business (B-3) zone to modify Planning Department Condition #1 to allow administrative review of specific site development plans. Parcel No(s): Portion of 45133.1435, 45133.1546 Applicant(s): Pat Martin Tomlinson Black Commercial 107 S. Howard St., Suite 100 Spokane, WA 99201 Project Planner: Tammy Jones r- , TECHNICAL REVIEW MEETING SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING Date: Department: Department Contact Person: Action: Change of conditions to an existing Regional Business (B-3) zone to modify Planning Department Condition #1 to allow administrative review of specific site development plans. TECHNICAL REVIEW MEETING: OCTOBER 28, 1999 @ 1:15 P.M. -1Vote: - The following information is to provide the proposal sponsor with primary agency comments to assist the sponsor and aid the processing of public hearing items heard before the Hearing Examiner. The following information does not provide a complete or binding final review of the proposal. This will occur only after the proposal is accepted and placed on tlle Public Hearing Agenda. The accentance of the apnlication and scheduline of the application on the Public Hearing Agenda is the primary function of this meeting. A secondary function of this meeting is to provide a nreliminarv review of the annlication. This will provide a forum for the sponsor and other departments of wliat to expect as standard development conditions and design recommendations. The comments received are based on a preliminary review of the application form and site plan by the Departments and Agencies which have been circulated the information (not all agencies/departments have been contacted--only those who have been cietermined to liave primary interest. 1. a. Does the application (or can the development) meet requirements to be placed on the Public Hearing Agenda YES NO b. If no, what is lacking? c. Public Hearing Schedule: Hearings before the Hearing Examiner are scheduled upon determination tliat the application is complete. Items will be scheduled for the first available public liearing. 2. After a preliminarv review of the apnlication what "Conditions of Approval" would be required of the development? (Attach conditions if necessary) SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING CI3ANGE Or CONDITIONS rOlt A PI2Ei VIOUSLY APPROVED Rezonf',", Date; Sept. 29, 1999 zE-42~82 , Application No. Name 4f Applicant/Representative: Pat M:art in % Tomlinson B1.ack Commercial, Inc. Agent • - Mailing Address: 107 S. Howard s~r~et, Suite 500 City: Snokane . State: WA Z;P; 99201 Ptione: 62 3 -1000 (Work ) (Home) Existicig Zane Classification: B-3 Proposed Zcne Classifcation: B-3 Approved It of Lots: 2 existing parcels Date Preliniinary Approval Expires: n i a ~ Legal Descr=.13tion of Property: S e e a t t a c he d Section 13 Township 25 Range 44 Soui•ce of Legal: First American Title Co. Parcel No.: 45133. 1435; 45133. 1546 PROPOSED CIIANGE OF CONDITIONS Refei•cnce specific "Condition(s)" of original approval. (Cite the applicable condition from llie rindings and Orcier of tlie Iiearing Examiner Committee's public hearing). County Planning Department Condition #1 approved by Spokane County • Hearinq Examiner Committee, July 8, 1982, stated: "That aspecf~ pl sha1 i be s1bmi.tted tio the I-Ia3r.irig Dartiryer Cormatiee, prirn' to Wrikbng pmn'rd-t awlioation. ar-i pl.an shaLLl irc1u:3e btxildi,n9 uee• set~ , sigis, paidrx3• 1arbc~ n3 and fexnnY3• Sped fi caUY. t1he rnrth shau inclide pmvisicns £ar lar~ar-~ ad or fiencing alcng the westIEm ana eastenn b=r.bd~es; lijtdng sha11 be resb-ictsd tio ocnfine i]1uTdr3atian tc) the site; m lalited sigS wi.11 be.perzmtbed rn the ncrtz 320' Give dettilect explanation of request for charige in status of tlie proposal. 'IYm souU-erly part-itn ef the si.te will. be deve]sped fcr a MPA Adm FArts Sbcme. 'Ilm mrtberly pc7rt:Lrn . orF the site is reserved fcr futim B-3 tees. 'Ihe appli,c2rtt regmsts that oonditim #1 be ieri,.sed to a]1cw the project to be dmelqoed with staff zenEw of spemfi.c dejelqxert p1aLS. ZYm area t-as ant~ t» be develqael fxr majar uaes sinoe 1982 and the zane has eroSSeC . i-Cver W ft arrent B--3 zane with rrore stringent acnditirns. . If clcvel0p1Y1r.11t of the site will be ehangf:ci substantially by this request, or lhe property hns boundai•ies diffei•ent than origiiinlly pr'oposed, a revised development plan must be suUmitted and sigiied by Spoknne County Planning, Caunty Engineering, County Utilities and County IIealth DistriCl. , Si nature of A A ~nt or A ent Address if different than A licant gi~A g PP . . . LONING AND LAND USE FEES RECEIPT INF0'PAATf0N Date: File Number. ZE7 '04arcel Number: ~,5 v33 • YL ' t.. Name: Phone Numbei : LQ3, Company Name (if applicable): Address: City/State/Zip , FEE INFORMATION ITEM DESCRIPTION ' ITEM (Multiplied by # (equals total) NO. AMQUNT of items , . . , R . . ~ ~ ~ . ~ oo ~ v S ' ~ 5pc . 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