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ZE-57-87 , - ~ ~ ~ ~ ~ ~ ~ , .Y ~ . . ~ :C'LANNING DEPARTMEIVT ~ i BROADWAY CENTRE BUILOING N. 721 JEFFEHSON 5'FEET PHONE 456-2205 ~ Y SPOKANE, WASHINGTON 99260 SPUNANE COUNTY COUf7T MOUSE SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDIN GS AND QRDER A. INTRODUCTION This matter having come before the Zoning Hearing Examiner Committee on February 4, 1988, and the members of the Committee present being Jim Schurra, Chairman, Phillip D. Harris and Ron Odell. B. PROPOSAL The sponsor, Pring Corporation, is requesting approval of a zone reclassification, File No. ZE-57-87, Residential Office to Regional Business (B-3) Zone, for the purpose of developing a used car lot and future retail center. Also, for a Change of Conditions, File No. ZE- 136A-80, ehange of conditions in a commercial zone. C. FINDINGS OF FACT 1. That the existing land use iii the area is siYlgle ianlily i-eNiclc:rlce~,, apartments, Sprague Avenue, Subaru Car Sales, Travel Office, retail, tree cover and vacant. 2. That the Comprehensive Plan designates this area as appropriate for MAJOR COMMERCIAL development. 3. That the existing zoning of the propertv described in the application is Residential Office and Commercial. 4. That the provisions of RCW 43.21C ("1'he State L:rlvironr»c;ntal Policy Act) have been complied with, and the Committee cnncurs with the Determination of Non-S ignificance. 5. That the proper legal requirements for acivcrti~c~~1Cnt ()f- :llc ;A' Item have been fulfilled. 6. That the land use in this area is suitable for thc t,;-~~~~~~~.•~? uses within the proposed Zone Classification. I , • C. FINDINCS OE FACT ZE-57-87 & ZE-136A-80 7 That the applicant has demonstrated that conditions have substantially 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 expressed both approval and disapproval 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 detrimental to the public health, safety, and welfare. 11. The following are additional findings of fact considered by the Hearing Examiner Committee• a) That the Board of County Commissioners has the authority to decide on the use of the 12 feet of right of way shown on the site plan b) That the frontages along Sprague Avenue have been changing to higher intensive uses, the Hearing Examiner Committee has required conditions of approval dealing with landscaping, down- lighting, signage controls, building height limits and parking standards to screen this use from the adjoining residences to the north c) The Hearing Examiner Committee strongly encourages the applicant to strictly comply with all applicable conditions of approval in the development of this site D. (''ONDI'TIO1VS Oit CQNTINGEIVCIES APPL1FJD TO TkIIS APPROVA,I, (All Conditions imposed by the Zoning Hearing Examiner Committee shall be binding on the "Applicant", which term shall include the owner or owners of the property, heirs, assigns, and successors ) a) COtJ N'I'Y PILANNIN G IDEPARTNiE1V'I' S tandard: 1 A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane County Zoning Adminis- trator shall be submitted with a performance bond for the project prior to release of building permits Landscaping shall be in- stalled and maintained such that sight distance at access points is not obscured or impaired 2 The applicant shall develop subject property generally ln accor- dance within the concept presented to the Hearing Examiner Committee Variations when approved by the Zoning Adminis- trator will be permitted, including, but not limited to the follow 2 s D. (`OIVDITIONS OR CONTING]EtVCIES ZE-57-87 & ZE-136A-80 a) C OUN'I' Y P I. A NNI lv G I) E P A It'I' 1Vi E NT ing changes Building location, landscape plans, and general al- lowable uses of the permitted zone All variations must conform to regulations set forth in the ZONING CODE FOR SPOKANE COUNTY The original intent of the development plans shall be maintained 3 Direct light from any exterior area lighting fixture shall not extend over the property boundary 4. The specific development plan will be submitted for Planning De- partment review and approval prior to issuance of building permits. 5 All current standards of the Regional Business (B-3) Zone, as amended, shall be complied with in the development of this site, described as follows Lot 5, Block 6, Opportunity Plat #3, EXCEPT the East 135 feet, EXCEPT the South 150 feet, and EXCEPT streets, situate in Spokane County, Washington, all in Section 17-25-44 6. That the present proposal is not detailed enough to determine whether or not the use of or materials stored on the site are in compliance with Section 7 06 (Aquifer Sensitive Area Overlay Zone) of the Z4NING CODE FOR SPOKANE COUNTY Ac- cordingly, as a condition of approval, the sponsor/applicant shall be required to file with the Spokane County Auditor, within thirty (30) days of the signing of Findings and Order of the final deci- sion in this matter, a"Notice to the Public" which shall provide in material as follows PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY FOR ANY BUILDING OR ANY USE ON THE PROPERTY DESCRIBED HEREINAFTER, THE APPLICAIVT SHALL BE RESPONSIBLE FOR COMPLY- ING WITH THE PROVISIONS OF THE ZONING CODE FOR SPOKANE COUNTY SECTION 7 06 (AQUIFER SENSITIVE AREA OVERLAY ZONE) THE PROPERTY WHICH IS THE SUBJECT OF THIS NOTICE IS MORE PARTICULARLY DES CRIBED AS FOLLOWS • " 7 Applicant shall comply with ' 208' recommendations concerning stormwater runoff and provide necessary landscaping for runoff 8 Any division of land for the purpose of sale, lease or transfer, shall comply with RCVV 58-17 and the Spokane County Platting Ordinances prior to issuance of building permits 3 D. CQIy121'I'IONS pR CON1'I1liGENC][ES ZE-57-87 & ZE-136A-80 a) C OUN'I' Y P I, A NNB NGDE P ART1Vi E 1!1 'I' S pecial: 9. That the applicant petition the County to vacate the 12 foot strip along Sprague Avenue and receive approval OR that the building size be reduced now accordingly to comply with available on-site parking to accommodate the County' s future improvement right of way of 12 feet OR that a revised site plan be submitted for review and approval by the Zoning Administrator which demonstrates that the site can comply with parking requirements, relocate re- quired landscaping, ' 208' and lighting on site when the 12 foot strip is needed for roadway improvements 10 That landscaping be provided as follows Five (5) feet within the property along Walnut Road, five (5) feet along Sprague Avenue (location to be determined by #9 above), and ten (10) feet of dense, tall landscaping with a six (6) foot sight-obscuring residential fence along the north property line 11. That advertising signs be limited to one (1) free-standing sign not to exceed 35 feet in height, and 150 square feet in surface area on a face. All other signs shall be attached to the structure 12 That the use of the 12 foot strip along Sprague Avenue shall be decided by the Board of County Commissioners and this site plan approval shall not be used as a precedent in that decision 13 That the height of the structures on site be limited to 1 1/2/ stories. b) COiJN'I'Y ENGINEERIli1G IDEPAItTMENT Pnor To The Issuance Of A Building Permit Or Use Of The Prooertv As Prooosed 1 Access permits for approaches to the County Road System shall be obtained from the Spokane County Engineer 2 Applicant shall submit for approval by the Spokane County Engi- neer road, drainage, and access plans 3 The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed com- bined on-site sewage system plan and surface water disposal plan for the entire project or any portion thereof, if the development is to be 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 traffic engineering practices Paving or surfacing as ap 4 1, • D. S'ONDITIONS -OH COtV'I'INGENCIES ZE-57-87 & ZE-136A-80 b) COUN'I'Y ElV GINEERIN G DEPARTiVIEN'd' proved by the County Engineer, will be required for any portion of the project which is to be occupied or traveled by vehicles. 5 The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer 6. All required improvements shall conform to the current State of Washington Standard Specifications for Road and Bridge Con- struction, and other applicable County standards and/or adopted resolutions pertaining to Road Standards and Stormwater Man- agement in effect at the date of construction, unless otherwise approved by the County Engineer 7 Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners' Resolution No. 80-1592 as amended and are applicable to this proposal 8 No construction work is to be performed within the existing or proposed public 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 All required construction within the existing or proposed public right of way is to be completed prior to the release of a building permit or a bond in the amount estimated by the County Engineer to cover the cost of construction of improvements shall be filed with the County Engineer S pecAa9: 10 The County Engineer has designated Typical Roadway Section Number One, Access Street standard for the improvement of Walnut Road which is adjacent to the proposed development This will require the addition of approximately 10 to 14 feet of asphalt along the frontage of the development Curbing and sidewalks must also be constructed c) COg7N'TY UTILY'TIES DEPART1ViENT S pecial: 1 Applicant must connect to Valley Sewer 5 r m D. ('ONDI'l['AONS OR CQN'1["IIetGENCIES ZE-57-87 & ZE-136A-80 d) COUN'I'Y HEAg.'I'H DIS'I'RIC'I' S tandard: 1 Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 2 Water service shall be coordinated through the Director of , Utilities, Spokane County. 3. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social and Health Services. 4 Use of private wells and water systems is prohibited S pecial: 5 A public sewer system will be made available for the project and individual service will be provided to each lot prior to construc- tion Use of individual on-site sewage disposal systems shall not be authorized. e) COgJN'g'~ BUILDING Ar1I) SAFETY DEPAItT1diENT 1 The site is located in Fire District #1 2 The applicant shall provide verification from the Fire District to the Department of Building and Safety that provisions have been made for adequate fire protection prior to the release of building permits 3. Exterior walls of any existing or proposed buildings shall have fire resistance and opening protection from the property line as set forth in the Uniform Building Code f ) WA'g'ER PiJRVEYOR 1 Water Purveyor is 1Vlodern Electric VNater Company and they will supply the site with adequate water for domestic, fire and irrigation u ses g) SPOKAIVE COUN'd'Y AIR POL.I.LJ'II'I0N CON'I'ItOY, AUTI-IOItI'D'Y All air nollunon reeulations must be met This includes but is not limited to the following ~ 1 Air pollution regulations require that dust emissions during de- molition, excavation and construction projects be controlled This may require use of water sprays, tarps, sprinklers, or sus- pension of activity during certain weather conditions Haul roads 6 ts m D. CONI2ITIONS OR _ONTIN(gER1('IES ZE-57-87 & ZE-136A-80 g) COUIii'TY AIR POL.L.iJTI0it1 CONTROL. AgJTHORI'I'1' should be treated and emissions from the transfer of earthen material must be conuolled as well as emissions from all other construction related activieies 2 Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved surfaces If tracking or spills occur on paved surfaces, measures must be taken immediately to clean these surfaces 3. All travelled surfaces (ingress, egress, parking areas, access roads) must be paved and kept clean 4. Some objectionable odors will likely result during the construc- tion phase of the project and from motor vehicles using the site following completion of the project and from occupants of the proposed project , 5 SCAPCA Regulation I, Article VI and SCAPCA Regulation II, Article IV addresses emission standards AlI emission standards must be met 6 Demolition and renovation projects must comply with the re- quirements of CFR 40 Part 61, Subpart M Intent to Demolish and Renovate forms are available at the SCAPCA office. 7 s- o ORDER ZE-57-87 & ZE-136A-80 The Zoning Hearing Examiner Committee, pursuant to the aforementioned, finds that the appIication of Pring Corporation for a zone reclassification and change of conditions as described in the application should be APPROVED to the Regional Business (B-3) Zone Motion by: Ron Odell Seconded by Phillip D I3arris Vote• (3-0) UNAIVIMOLJS TO APPROVE TO THE REGIONAL BUSINESS (B-3) ZO1VE UlVANINIOUS TO APPROVE THE REVISED SITE PLAN HEARING EXANiINER COMNiT1TEE HEREBY ATTEST TO THE ABOVE FINDINGS, ORDER, AND VOTE . ~oi Cha~ an,, r ~ _ ` L ATTEST For WALLIS D HUBBARD Planning Director By STEVE HOROBIOWSKI Zoning Administrator -5/ I9fz Da te ' 8 r . t ~ yl L l L ~ N~ ~ ~ ~ ~ p~p~~ ' ' ' ~ p ~ 11 L1 Q■/ ftF„M ~ ~ «4 o ~ ar . a W o v. a . . 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Nc . /f 1 0 1 1 " • ~ I ~ I I ~ - , L 5 3A 68 -~-J O. ~ (D~I I;P eJ- t ~yfPD 3~ , ' ' ' ='_z - ~ ~ ~ ~ I ► ~ 5, ~ ' 'PLAfVNI IVG DEPARTMEfVT „ BROAOWAY CENTRE BUILDING N 721 JEFFERSON STREET :i - - ~PNONE 456-2205 , SPOKANE, WASHINGTON 99260 ~ { f% SPOKANC COUMTY COURTMOUSC _N N I h1 G&I P_ R__'I' DA'TE FEBRUARY 4, 1988 TO• SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE FItO1Vi SPOKANE COUNTY PLANNING DEPARTMENT SUBJEC'T. REZONE #ZE-57-87, RESIDENTIAL OFFICE to REGIONAL BUSINESS (B-3) ZONE CHAIVGE OF CONDITIONS #ZE-136A,-80, CHANGE OF CONDITIONS IN A COMMERCIAL ZONE 1. GENERAL, INF0RMATION Appiicant/Owner• PRING CORPORATION , Agent• John T. Peterson Proposal• A request to rezone an approximate 15,500 square foot site from Residential Office to Regional Business (B-3) Zone for the purpose of developing a car lot and a future retail center A request for a Change of Condition in an existing Commercial Zone on approximately 25,800 square feet for the purpose of review and approval of a site plan I.ocation The site is generally located north of and adjacent to Sprague Avenue and east of and adjacent to Walnut Road in Section 17-25-44 Tax Parcel Number 17544-2618 3~ ~ 1. GFNERAL TNFOhtMA'TI0N ZE-57-87 & _ ZE-136A-80 I3astory: In 1980, the Board of County Commissioners approved the Commer- cial Zone and required the Rcsidcneial Office Zonc to scrve as a buffer eo the existing residences north along VNalnut Road. As a condieion of approval the Board required revicvv of a site plan at a public hearing prior to any use of the siee In the spring of 1987, a complaint was reccivcd by neighboring residential owncrs that a car , loc sales facility had located on sitc and that the lighting on site im- pacted their residences The lighting had been constructed without proper permits in the County right of way The sponsor has vacated the site of cars and has turned off the lights pending approval by the Hearing Examiner Committee of the site plan In addition, the spon- sor proposes a car lot sales lot as a temporary use He has also re- submitted the Residential Office Zone and requested Regional Business (B-3) Zoning on that site to be used for a future retail center. II. SITE ANALYSIS Compceheenseve Plan 1ViAJOR COMMERCIAL Category Inside General Sewer Service Area (GSSA) Boundary Inside Priority Sewer Service Area (PSSA) Boundary Inside Urban Impact Area (UTA) Boundary The sites are located within the Niajor Commercial category of the Comprehensive Plan which extends approximately 300 feet north of Sprague Avenue. The depth of the subject sites are approximately 246 feet north of Sprague Avenue The proposed Regional Business (B-3) Zone and sitc plan are consistent with the Major Commercial category Utilization of this site for commercial use is a quescion of timing and land use compatibility with existing residential uses north along Walnut Road. Thc Comprehensive Plan indicates a growth plan for current proposals as well as the development for the next 30 years or more The Hearing Examiner Committee should decide whether this site (the existing Residential Office Zone) should be used now for commercial uses or if some future date is more appro- ' priate and whether the proposal is compatible with adjacent residential uses The Comprehensive Plan emphasizes compatibility of land uses Arterial Itoad Plan: The Arterial Road Plan of the Comprehensive Plan indicates Sprague Avenue as a Principal Arterial with right of way needs ranging from 100 feet to 130 feet with 4 to 8 lanes respectively The existing right of way for Sprague Avenue is 110 feet containing 7 lanes At pre- sent 12 feet of unimproved right of way exists adjacent to this site 3(0 ~ • Il. SI'TE ANALYSLS ZE-57-87 & ZE-136A-80 Arterial Roaci Plan: along Sprague Avenue, which the submitted site plan proposes to retain the light poles and proposes to place the required ' 208' and landscaping in this County right of way As additional lanes are needed to accommodate planned growth of the Comprehensive Plan, this 12 feet of right of way will be needed in the future. Zoning E~ci~ pn aITF COM1ViERCIAL (established 1980) RESIDENTIAL OFFICE (established 1977) and within Aquifer Sensitive Area Overlay Zone To the NORTH• Two-Family Residential (established 1965) To Lhe SQtJTH Commercial (established 1957) To Lhg EAST Commercial (established 1980 & 1982) To the WEST 1Viulti-Family Suburban (established 1969) Community Business (B-2) (established 1986) Past zoning activity along the north side of Sprague has been to a variety of zones including Residential Office (R4), Local Business (LB), Commercial (C), Community Business (B-2) and Regional Business (B-3) with depths north of Sprague ranging from approxi- ' mately 130 feet to 600 feet Zone classifications and their depths have been reflective of road circulation and adjacent existing land uses on a case by case basis. The more intense zones are found along Sprague with "transition" zoning of Multi-Family S uburban (MFS), Residential Office (RO) and Local Business (LB) serving as buffers to adjacent resideatial uses. In addition to using transition of zones as a buffer, projects are caused to be more compatible with , adjacent residential uses by special setback requirements, landscap- ' ing and/or fencing. The submitted site plan places a building with no rear access 10 feet from its north property line with dense landscap- ing and a 6 foot sight-obscuring residential fence as buffers to the adjacent residence The Hearing Examiner Committee, in consider- ing the Regional Business (B-3) Zone change should determine the adequacy of the proposed screen, buffering and/or setbacks Land iJse Ex> >n on SITE Single family residence, tree cover and vacant To rhe NnRTH Single family residences 3'0? 11. SI'Y'E AIVAI,YS S ZE-57-87 & ZE-136A-80 H,and Use• To_the SOLTI'H: S prague Avcnue, S ubaru Car S ales and retail 'I°o ttie_EAS'T, iZetail To the vVEST Travcl officc, single family residences and apartments Land use development along Sprague reflects the above identified zoning trend with intensive uses along Sprague and transitional uses adjacent to some residences This zone change request, if approved, would place Regional Business (B-3) zoning adjacent to existing residential uses along the west and north Sfl~e Ct1aH°aCted'flSt1CS Site Size: Approx. 15,500 square feet (rezone property) Approx 25,800 square feet (change of conditions property) Exisnng Buildinga Vacant single family residence Topggraphy Relatively flat VeQetadon: Natural and residential Aencultural Summarv,• The Major Commercial category of the Compre- hensive Plan is not intended for agricultural protection aoimn : Sprague Avenue to the south of the site is an ex- isting 110 foot County right of way improved with seven paved lanes, curbs and sidewalks VValnut Road to the west of the site is an existing 50 foot County right of way improved with two paved lanes with no sidewalks The County Engineers Office is requesting 10 to 14 feet of additional paving along Walnut Road with sidewalks and curbs Proposed S ite Paan LJse• Car lot and future retail center ' PronoSed Buildlnga. One 800 square foot office for car sales Future retail building at 12,000 square feet Maximum Structure Height 20 feet Building Setbacks PROPOSED REOUIRED v Front Yard 42' 35' Flanking Yard 35' 35' S ide Yard (R) 0' 0' Rear Yard 10' 10' ner buildinLy line vanation (Qer R 10 180), 20' without vanation Parki n g 60 60 ~ • Ig. SIT . ANA[.YSIS ZE-57-87 & ZE-136A-80 Proposecl S ite Plan. N OTE When the County right of way is needed to expand the Sprague Avenue roadway 9 parking spaces will be eliminated, also, lighting, ' 208' and landscaping must be rcdesigned into the boundaries of the site. Proaosed Buffenng Technic.M• The site plan shows ten (10) feet of landscaping and a six (6) foot sight-obscuring fence along the north property line, five (5) feet within the property along Walnut Road, and five (5) feet of landscaping and ' 208' within the County right of way along Sprague Avenue Other Site Plan Considerations: The proposed utilization of the 12 feet of County right of way along Sprague coupled with the 12,000 square foot retail building will result in at least a shortage of 9 parking spaces at the time additional improvements are needed on Sprague Avenue and relocation of light poles, landscaping and ' 208' areas The Planning Department recommends the applicant comply with one of the following• a) petition the County to vacate the 12 foot strip along Sprague Av- enue and receive approval, or . b) reduce the size of the building now to comply with available on- site parking, lighting, landscaping and ' 208' areas when the County right of way of 12 feet is used for road improvement, or c) that a revised site plan be submitted for review and approval by the Zoning Administrator which demonstrates that the site can comply with parking requirements, relocates required landscap- ing, ' 208' areas and on-site lighting when the 12 foot strip is needed for roadway improvements note - The site plan submitted for review by the Zoning Hearing Exam- iner Committee is general in nature. Detailed review to determine compliance with all Ordinance regulations and conditions of ap- ' proval is recommended to be administrative and to occur at the Building Permit stage. M. SITE 12EVFL.OPMEN'T RECOMMENY)A'Y'TONS Landscaping Recommend five (5) feet along Walnut and Sprague with ten (10) feet of dense landscaping and fencing along the north property line Signage Recommend one free-standing sign not to exceed 35 feet in height and 150 square feet in surface area on a face All other signs shall be attached to the buildings -39 v 111. Si'TF DEVELOPMENT RECOMMENDA'I'TONS ZE-57-87 & . ZE-136A-80 Cerculation/A►ccess• One access to each Walnut Road and Sprague Avenue shown on the site plan. Heaght Limatse The building should be limited to 1 1/2 storiese Stoe°rnwatea° Y)rainage: Coenpliancc with '208' required, location to be decided by the Board of County Commissioners with regard to the 12 fooe excess right of way along Sprague Avenue. Sewage Disposal. Applicant shall connect to Valley Sewer System Wate a° S u p p I y Provided by Niodern Electric Water Company Fire Protection. Fire District #1 Ca'itical Materials/Use Activity Compliance with Aquifer protec- tion required. IV. SEPA ENYTROtYMEN'TAL REVIEW An Environmental Checklist was submitted by the sponsor and was re- viewed by the County Planning Department The review considered the specifics of the proposal, other available information, County ordi- nances, other regulations and laws, possible standard Conditions of . Approval, the Generalized Comprehensive Plan, and other County poli- cies and guidelines The Zoning Administrator has determined that "No probable significant adverse impacts" would result from the pro- posal being developed and has issued a Determination of Non-Sienificance ("DNS , The "DNS" was circulated to eight other agencies of jurisdictlon and other agcncies/departments affected by the future development for re- , view and comment. The "DNS" comment period ends February 3, 1988, ' and was advertised 15 calendar days before said date in the newspaper, by letter to adjacent property owners within 400 feet of the proposal, and by notice on a sign postcd on the proposal site The Hearing Ex- ' aminer may consider additional environmental related testimony and the , "DNS" at the public hearing ' V. ELANNTNG SL1MMARY The proposed zone change is consistent with the Major Commercial cat- egory of the Comprehensive Plan As discussed in detail above, the is- sues of timing and land use compatibility can be better addressed at the public hearing with testimony from the applicant and neighboring prop- erty owners The Planning Department has recommended some conditions that will minimize the impacts to adjacent single family resi- dences, if approved Z/O . VI. (''ONDI'i'IONS OF APPROVAL ZE-57-87 & ZE-136A-SO (All Conditions amposed by the Zoning Hearing Exarroiner Cornmittee shall be bind'eng on the "Applicant", which term shall incAude the owraer or owners of the property, heirs, as- sogns, arad succe§sors. ) a) COUri'I'Y PLANNING DEPAIt'TMENT 3tandard: 1 A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane County Zoning Adminis- trator shall be submitted with a performance bond for the project prior to release of building permits Landscaping shall be in- stalled and maintained such that sight distance at access points is not obscured or impaired. 2 The applicant shall develop subject property generally in accor- dancc within the conccpt presentcd to the Hearing Examiner Committee. Variations when approved by the Zoning Adminis- trator will be permitted, including, but not limited to the follow- ing changes• Building location, landscape plans, and general al- lowable uses of the permitted zone All variations must conform to regulations set forth in the ZONING CODE FOR SPOKANE . COUNTY The original intent of the development plans shall be maintained 3 Direct light from any exterior area lighting fixture shall not extend over the property boundary 4 The specific development plan will be submitted for Planning De- partment review and approval prior to issuance of building permits 5 All current standards of the Regional Business (B-3) Zone, as amended, shall be complied with in the development of this site, described as follow s : , Lot 5, Block 6, Opportunity Plat #3, EXCEPT the East 135 feet, EXCEPT the South 150 feet, and EXCEPT streets, situate in Spokane County, Washington, all in Section 17-25-44 6 That the present proposal is not detailed enough to determine whether or not the use of or materials stored on the site are in compliance with Section 7 06 (Aquifer Sensitive Area Overlay Zone) of the ZONING CODE FOR S POKANE COUNTY Ac- , cordingly, as a condition of approval, the sponsor/applicant shall be required to file with the Spokane County Auditor, within thirty (30) days of the signing of Findings and Order of the final deci- sion in this matter, a"Notice to the Public" which shall provide in material as follows . VIo CQNI)I7'IONS C1F &EPRQVAL ZE-57-87 & 6 ZE-136A-80 a) COUNTY PLAN NlNG DEPARTMEN'I' , PRIOFt TO THE ISSUANCE OF ANY BUILDING PERMIT OR CER°TIFICA'TE OF OCCUPANCY FOR A1VY BUILDING OR ANY LJSE ON THE PROPER'TY DESCRIBED HEREINAFTER, THE APPLICANT SHAI.L BE RESPONSIBLE FOR COIViPLY- INCB VNITH THE PROVISIONS OF THE ZONING CODE FOR SPOKANE COUNTY SECTION 7.06 (AQUIFER SENSITIVE AREA OVERLAY ZONE). THE PROPERTY WHICH IS THE SUBJECT OF THIS NOTICE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS 7 Applicant shall comply with ' 208' recommendations concerning stormwater runoff and provide necessary landscaping for runoff 8 Any division of land for the purpose of sale, lease or transfer, shall comply with RCW 58-17 and the Spokane County Platting Ordinances prior to issuance of building permits. Speceal: 9 That the applicant petition the County to vacate the 12 foot strip along Sprague Avenue and receive approval OR that the building size be reduced now accordingly to comply with available on-site , parking to accommodaee the County' s future improvement right of way of 12 feet OR that a revised site plan bc submitted for review and approval by the Zoning Administrator which demonstrates , that the site can comply with parking requirements, relocate re- quired landscaping, ' 208' and lighting on site when the 12 foot strip is needed for roadway improvements 10 That landscaping be provided as follows Five (5) feet within the property along Walnut Road, five (5) feet along Sprague Avenue (location to be determined by #9 above), and ten (10) feet of dense, tall landscaping with a six (6) foot sight-obscuring residential fence along the north property line , 11 That advertising signs be limited to one (1) free-standing sign not to exceed 35 feet in height, and 150 square feet in surface area on a face All other signs shall be attached to the structure 12 That the use of the 12 foot strip along Sprague Avenue shall be decided by the Board of County Commissioners and this site plan approval shall not be used as a precedent in that decision . 13 That the height of the structures on site be limited to 1 1/2/ stories. "ro~ ~ VI. ('()NDITIOI`1S OF AlP1P]ROVAIL ZE-57-87 & ZE-136A-80 b) COV1V'TY ENGIIVEERIrtG DEPAR'T1ViEN'I' Pnor To The Issuance C)f A Buildine Permit 4r IJse Of The Pro.t)ertv As Prooosed: 1. Acccss permits for approaches to the Couney Road S ystem shall be obtained from the Spokane County Engineer 2 Applicant shall submit for approval by the Spokane County Engi- neer road, drainage, and access plans 3 The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed com- bined on-site sewage system plan and surface water disposal plan for the entire project or any portion thereof, if the development is to be 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 traffic engineering practices Paving or surfacing as ap- e proved by the County Engineer, will be required for any portion of the project which is to be occupied or traveled by vehicles 5 The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer 6 All required improvements shall conform to the current State of , Washington S tandard Specifications for Road and Bridge Con- struction, and other applicable County standards and/or adopted resolutions pertaining to Road S tandards and S tormw ater Man- agement in effect at the date of construction, unless otherwise approved by the County Engineer. 7 Roadway standards, typical roadway sections and drainage plan , requirements are found in Spokane Board of County ' Commissioners' Resolueion No 80-1592 as amended and are applicable to this proposal 8 No construction work is to be performed within the existing or proposed public 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 s 9 All required construction within the existing or proposed public right of way is to be completed prior to the release of a building permit or a bond in the amount estimated by the County Engineer to cover the cost of construction of improvements shall be filed with the County Engineer 4013 a VIe CONDg'I'IOIVS OF APPItOYAL ZE-57-87 & ZE-136A-80 b ) COUNTY ENGINEERING DEPAR'I'MEN'I' S pecial o 10. The County Engineer has desagnated Typical Roadway Section Number One, Access Street standard for the improvement of Walnut Road which is adjacent to the proposed development This will require the addition of approximately 10 to 14 feet of asphalt along the frontagc of the development Curbing and sidewalks must also be constructed c ) COUNTY U'TIL,I'TIES Y)EPAltTtViEN'Y' S peciale 1 Applicant must connect to Valley Sewer d ) COUNTY HEAI.TH DISTItICT Standard: a 1 Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County , 2 Water service shall be coordinated through the Director of Utilities, Spokane County 3 Water service shall be by an existing public water supply when approved by the Regional Engineer (S pokane), S tate Department of Social and Health Services 4 Use of private wells and water systems is prohibited S pecflafl: , 5 A public sewer system will be made available for the project and individual service will be provided to each lot prior to construc- tion Use of individual on-site sewage disposal systems shall not be authorized e) COUNTY BiJII.DIIVG t1ND SAF'E'I'Y DEPAR'I'tVYEN'H' 1 The site is located in Fire District #1 , 2 The applicant shall provide verification from the Fire District to the Department of Building and Safety that provisions have been made for adequate fire protection prior to the release of building permits A4 d i s VIo CONI2I11OtVS OE A,PPROdA~... ZE-57-87 & ' zE-136A-so e} cOuNTY BuILDING AND s~~ETY 3. Exteri+or walls of any existing or proposed buildings shall have fire resistance and opening protection from the property line as see forth in the Uniform Building Code. f } WA'I'ER PURVEYOR 1 Water Furveyor is Modern Elecuic VVater Company and they will supply the site with adcquate water for domestic, fire and irrrgation uses g) SPOKANE COUN'I"Y AIR POLLU'I'ION COId'g'ROL ALJTHORATY All air vollunon reQUtanons must be met. This mcludes but is not limited to the followin Ly• 1 Air pollueion regulations require that dust emissions during de- molition, excavation and construction projects be controlled This may require use af water sprays, tarps, sprinklers, or sus- pension of activity durang certaln weather conditions. Haul roads should be treated and emissians` from the transfer of earthen material must be controlled as well as emissions from aIl other construction related activities , 2 Measures must be taken ta avoid the deposltYOn of dirt and mud from unpaved surfaces anto paved surfaces If tracking or spills occur on paved surfaces, measures must be taken immediately to clean these surfaces. 3 AlI travetled surfaces (ingress, egress, parking areas, access ~ roads) must be paved and kept clean 4 Some objectionable odors will likely result during the construc- tion phase of the project and from motor vehicles using the site i following completion of the prv1ect and from occupants of the ' prvposed project. 5 S'CAPCA Regulation I, Article VI and SCAPCA Regulation II, Article IV addresses emission standards Ali emission standards must be met 6 Demolition and renovation projccts must comply with the re- quirements of CFR 40 Part 61, Subpart Ni Intent to Demolish and Renovate forms are available at the S CAPCA office ~ ~3- ~ r ~ ~ SPOKANE COUNTY TO ENGINEERING DEPARTMENT NO. MEMORANDUM OF REGIUEST FOR INVESTIGATION Time: Date of Receipt: Ir[s ~ Location: ALrAl ~ Sae,,4 Description: .t]~-A✓~JAJe, ZQUE_dMV6,6 : I ZIz .5f -.as S. ufdt-)l C'pau4y T ...1'~.eQk~LLlc e,usE -e P/uJ 61.546 LAo e! r5 ,c~o l J~S~ 'D ZooU Aoa- E.cJFo,e Contact Requested ❑ ~ Source: Letter Phone Personal ~ Received by: zzx&z. s8wkE Name: Phone:-.of' 926'3 ;nzy Address: Work Al eC:at GLE 9LDLKit/6 , LommentslRecommendations Cr=S - L'~ Zo~J~U~ veS~lD~t1 ,~~o~✓~. ~n ~~l ~E ~iuc.t7 0*HCtjr~ /-V ,L/cEv&v Aagrd ~ 111o S1lo,c!$ . 4U4,,fjgV ~ ~ . ,~G G OGtJEsT~• . . ' Date of Investigation: Investigator: A L=410W~, Action Taken: 5~0 6 C C~~ 5g0r1j..D 1,16aE T~r5 ~ lO~o. ~Oe oU1A)G ~ ~ Date Action Taken: Supervisor/ Foreman (Signature) . : Reviewed by: Complainant Contacted ❑ (Signature) ~ Initial W P621 / 4 r ~/GC_l✓17i! LxYJ'.. ~ n , , /i ~c57,~,{j-+~ ~ r SP4KANE CDUNTY PLANNING DEPARTMENT { : APPLICATION FC)R CHANGE OF CONOlT1ONS 4N _PREVI_QUSLY APPRaVED Z41VlNG Date • November 16, 1987 Appl ication No. 4 Name vf Appllcant: PRING CORPORATION Street Address of Applicant: E. $500 Sprague Avenue 1 City: Spokane State. WA Zip Code• 99212 Tele. No. 924-1150 , Existing Zone Classification Commercial C-1 _ Date Existing Zane Classification Established • February 10, 1981 Legal Descrrptron of Property• The west 163' of the Sauth 109' of Ttact 5 of Block 6 in Opportunity Plat AIo. 3 as per plat thereof recorded in Volume S of Plats, Page 15, situate in Spokane County, Washington. Section 17 Township • 25 Range North 44, E.W.M. ~ Source of Lega1' Self Written ~ Assessor's Parcel No.: (See Tax Statement) 17544-2618 PROP4SED CHANGE UF CONDITlONS, Reference specific "Condition(s)" of original approvaf. p(Cite the applicabie condition from the Findings and Order of the HEARING EXAMINER COIVIMITTEE's public hearing. ) Planning - The specific development plan will be submitted for the Hearing Examiner Cammittee review and approval priar to issuance of building permits. _ Give detailed explanation of request for change in the 5tatus of the proposal. Presently not being used because of ehange of condition hearing requested. Will use area far New and Used Car Sales Lot for franchised Spokane Subaru Dealersh3.p in the Spokane Valley. IF DEVELfJPMENT C3F TNE SITE WILL BE CHANGED SUBSTANTlALLY BY THIS REQUEST, UR THE PROPERTY HAS BOUNDARIES DIFFERENT THAN ORIGINALLY PRCIPOSED, A REVISED DEVELOPMENT PLAN MUST BE SUBMITTE,D. PRING CO ORATIQN SIGNATURE UF APPLICANT l7R AGENT By: )~!`~i `~f r- U ` - ~ Address, if different than Applicant7, ~ Z22/Z-c tj~ a t t~A~ APPLICATION F(JR ZONE RECl.AS51FICATI4N•-cont~nued-2 J d~ This section of the application will provide the Planning Department's Staff with ~ written verification that the applicant has had preliminary consuitation with the agencies identifled. Results oi the preliminary consultation shouid be tncorporat- ed in the proposal before final subm+ttal to the Pianning Department. 1. COUPVTY ENGINEER'S OFFICE A preliminary consultation has been held to discuss the proposal. Our reqpirements for s m~ttal of this proposal for rezone have been satisfied. ~ natur IDate 2. COUNTY UTlLITIES OFFICE A preliminary consultation has been held to discuss the proposal Our rl-~~v2U•-,~ re4uirements for submittal of this proposal gor reaone have been satisfied. The designated water purveyor for this site is . (Signature) (Date) 3. WATER PURVEYOR (NAME) Modern Electric a) The proposaE (is) (is not) located within the boundary of our service area. b} Satisfactory arrangements (have)(have not) been made to serve this prop I. c) We (are) (are not) able to serve this site with adequate water. ~ 11~ I(~ ' 87 . (Signature) (Date) 4. BUILDIPdG AND SAFETY DEPARTIVIENT A preliminary consultation has been held to discuss the proposal. Our requirements for submittal of this praposal for rezone have been satisfied. This proposal is located in Fire District # • . (Signature) (Date) 5. COUNTY HEALTH DISTRICT A preliminary consultation has been held to discuss the proposal. The applicant has been informed of our requirements and standards. (Signature) (Date) 11 TNE UNDERSIGNED, SWEAR UNDER THE PENALTY OF PERJURY TNA►T THE ABOVE RESPONSES ARE PVIADE TRUTHFULLY AND TO THE BEST OF NIY KPVOW- LEOCE. I FURTNER SwEAR THAT i AM THE OwNER OF RECORD OF THE SITE PRO- POSED FOR ZONE RECLASSIFICATION, OR, IF NOT TNE OWNER, ATTACHED NEREWITN IS WRITTEN PERMISSION FkOM SAiD OwNER AUTHORIZING MY AcTIoNS oN His oR HER BEHAI.F. LB ING RPO rI0 (Signed) Date: Nov. 16, '87 ~Q J 01~~5~,,~( Add ress ) E. 8500 SpraQue Ave. Phone : 924-1150 ~~~O~~SsIU IU 6,~.°p/ O2 ' . ~ Snokane, WA Z i p• 99212 ~ ~ G NOTQt~~~ t Q ~ m o b NOTARY L _ P ~ , 4 b c~ Date• . >l~Ib '87 m P~eBLIC m ~ c1 oo~~ ~ p,v~ A ~ ~iJ ,A~~N d4 e~00ooT~~~ SIG TUR OF APPLICANT CJR AGENT Frd8Afti9960~ya~ ~ daee. /I- 13 - ~7 R ev . 2/3/81 • SPOKANE COUNTY PLANNING DEPARTMENT APPLICATION FOR CHANGE OF CONDITIOIVS ON PREVIOUSLY APPROVED ZONING C ~ I U ~u Date November 16, 1987 Appl ication No . z~- I3Go~ - 8C~ ; Name of Applicant: PRING CORPORATION Street Address of Applicant E. 8500 Sprague Avenue ~ City. Spokane State. wA Zip Code: 99212 Tele.No 924-1150 ~ Existing Zone Classification Commercial C-1 Date Existing Zone Classification Established • Fpbruary 10, 1981 , Legal Description of Property: ~ ~..--$1-oc4k--6--i-n-9p P,orttmi~Ya-t No. 35 a s p e r p' a~t-hm-e-o~P e or-d e d- i a-lal..ume-S~af,_.1? 1a ts , p „ . .,-=n--ep e~.~~eu-n" , eR. ~l~ c~_~O ~ ~ ection 17 Township • 25 Range North 44, . w.M. ~ . ! Source of Legal : Self Written , Assessor's Parcel No : (See Tax Statement) 7544'2618 ~ PROPOSED CHANGE OF CONDITIONS Reference specific "Condition(s)" of original approval (Cite the applicable condition from the Findings and Order of the HEARING EXAMINER COMMITTEE's public hearing ) Planning - The specific devzlopment plan will be submitted for the Hearing Examiner Committee review and approval prior to issuance of building permits. Give detailed explanation of request for change in the status of the proposal. Presently not beir,g used because of change of condition hearing requested. Will use area for New and Used Car SalPS Lot for franchised Spokane Subaru Dealership in the Spokane Valley. IF DEVELOPMENT OF TH'E SITE WILL BE CHANGED SUBSTANTIALLY BY THIS REQUEST, OR THE PROPERTY HAS BOUNDARIES DIFFERENT THAN ORIGINALLY PROPOSEU, A REVISED DEVELOPMENT PLAN MUST BE SUBMITTED. PRING CO ORATI N SIGNATURE OF APPLICANT OR AGENT BX'1 v / Address, if different than Applicant) ;A, r 3 ~ p' ~fi~ , ~ E C E NdV 1'l I~~r DEC 18 1987 I .1 t 1 J 1i i. SPOKArvE COUNTY FU;~;~++~~ G~~ahl ~~+ENI z22/z -c PLANNING DEPARtMEHt .-APPLICATION FOR ZONE RECLASSIFICATION--continued•2 This section of the appiication will provide the Planning Department's Staff with written verification that the appiicant has had preliminary consultation with the agencies identif(ed. Results of the preliminary consultation shouid 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 reqNirements for s m~ttal ot this proposal tor rezone have been satisfied. ~ /Zl~ Aq ~7 ~ ( natur ~ Date 2 COUNTY UTILITIES OFFICE A preliminary consultation has been held to discuss the proposal Our re4uirements for submittal of this proposal for reaone have been satisfied. , The designated w te pu veyor for this site is . PC) ' (Signature ) (Date) 3. WATER PURVEYOR ( AME) Modern Electric a) The proposat (~s) (is not) located within the boundary of our service area b) Satisfactory arrangemen(s ((havenot) been made to serve this Lin~i_ (are not) able to serve this site with adequate water. A&~ lie oo•~7 (Signature) (Date) 4 BUiLDI,NG AND SAFETY DEPARTMENT A pr inary consuitation has been held to discuss the proposal. Our re rem nts for submittal of this proposal for rezone have been satisfied. 6UN pr po {ocated in Fire Qistrict # at re ( Date S T Y A L T H I~ I 5 T R i C T c",e/L, l A preliminary consultation has been held to discuss the proposal. The applicant s be n in c~' formed of our requirements and standards. ~ ~ ~ 3 ~ ~ , rsti~~t (Signature) C/~%~~6 Y ` ~`~2~;~ GC r at I, THE UNDERSlGNED, SWEAR UNDER THE PENALTY OF PERJURY THAT TNE ABOVE RESPONSES ARE MADE TRUTHFULLY ANO TQ THE 6EST OF MY KPdOW° LEOGE I FURTHER SbYEAR THAT I AN9 THE OWNER OF RECORD OF THE SITE PRO- POSED FOR ZONE RECLASSIFICATION, OR, IF NOT THE OWPVER, ATTACNED HEREwiTH IS wRITTEN PERMISSiOfv FkOM SAiD OwNER AUTHORIZtNG MY ACTIONS ON HIS OR HER BEHALF, PRING RPO xo (Signed ) g; ~ Oate Nov. 16, ' 87 LJUy~Vs-(Address) E. 8500 SpraQue Ave. Phone. 924-1150 ~ C v o ° 5C , ` r ~ - a°•~' 1"`~ a Spokane, WA • Zip, 99212 NOTARY C~j . , Oate k L. r= ~ ~ ~ ~ Cv N Q~T A F~Y y t*~e• t~" a°' WASS I G T U R O F A P PLI CANT OR AGENT r ~ i ~ ~ ~ ' , • D a t e . ✓J~ 13 O ? . ' f 00, ev 2/3/$1 t' ' ` i. i.~ L ~ ►1 ~ ~ ~ , rU;tidl~,~~~ t~t►'NI~Tt~~E.N~ ~ Z E 57 37 ItEcElvED ~~7 SPCIKANE C4UPITY PLAPVP~ING DEP'1~TN'f E APPI.ICATlQN FUR ZONE RECLA5~1(6'~l~~Y L , ~P~~ r~~ Date. ~►PPlicati ~~~IM~fiOE~~'~ ~'~C~ PRING CORPORATION - ! Name of Appl,cant: _ Street Address vP' AppliCant: E. 8500 Sprague Avenue Cjty: Spokane . Stete: wA Zip Code: . 99212 Tele. NO. 924-1150 hlame of Property C►wner(s): PRING CaRP4RATION Autherized Agent representing Qwner (if other than owner): John T. Peterson . ExistinQ Zoning Classifieation. R. 0 . 6-,e~ /tt~er-,-i) c.r Date Ex►sting Zone Classlficatlon Establisheci: jL-4_~) q77 Existtng Use of Prvperty: Presently vacant. Prspvsed Zone Classification: B-3 Proposed Use ot Property: Used car lot, future retail center Lega1 DescriPtion of ProPertY: Pro rty (.includSz~ site 1D~~re~4 ` of --Vestlng Commortion ~ ot 1 \s, Bck 6 0 ort~.rit~,Pl~4 3 - _ ECEp~' the East 1~ T,t. , ~F~"~ and ~ CL~''Y` s~r~ets~.- - Pronerty requested for B-3 zone s Lot 5, T3.Lock b, 0npor-tunity rsa-t ff.3 ELCFpT tr.e Ea_st 135 ft.. EXCEPT the South 150 ft._ and EXGEPT streets. J ~ - _ Settivn 17 Township; 25 Ran4e: North 44, E.W.M. Source Qf Legal : T1 tle Co., Zoning legal by J. Konen Assegsar's Parcel No: See tax statement 752b18 39.500 ~pro-oerty) ?,4 ~?LZ'ti Property Size: 25 p 500 B-3 re9 .Frontaqe: 161 Feet on; S-prague Tvtal amount of adjoining land contrvlled by this vwner or sponsar: 31, 500 to E. Street Address of the Property: N. 20 Walnut If you do not hold title tv the property affected by thls applleatfan, what is your interest in Please iist previous Planning Qepartment actions involving this propet°tyf ZE-136-80 Change to Comznercial Zone for S. 150 ft., R.O. far balance. ALL OF THE FOLI.OwJNG QUESTlOtdS MUST 8E ANSWERED: 1 what are the changed eond+tians oP the site area, which you feel make this pr+oposal warranted? Sinc e the nrevious ac tion , sewers have been extencieci to tne area ~nd+he ajh. hag dey_e1nnPd thP qc3 inznina broxDertY to the east for a fabric shop. The Zoning 4rdinanc e of Spokane County has been ung:"'-qdPr] tn -nrnvlde greater buffering re uirements to adj~aining , nror~erties. The apvlicant has deeded r along a nut ana insial-led cu x szde-2. What effect will the proposed aone reclassification have on the arijacent ria lk , propertyes? The change in zoning will allow the ownershlp to be consolidated into one aeveiopme , PeTTTITet~~ lan&Sertrt g, fencing, signing and lighting controls. Although thls may be dane zn pnases as -Cne properTy is agVeI'b"'M7d, fil along Walnut Road, which has dlstinguished the characterRev, 2/3/91 of thzs area will be retained and enhanced. s ~ APPLICATION FOR ZONE RECIASSIFICA'TION°°continued°Z ~ Th+s section ot the application will provide ehe Planning Departtnent's Staft with written verification that the applicant has had preliminary consultation with the a,gencies identified. Results of the preliminary consultation should be incorporat- ed in the proposai before tinal submittal to the Planning Departmeni. 1. COUNTY ENGINEER'S OFFICE, A preliminary consultation has been held to discuss the proposai. Our requirements for submittal ot this proposal for rezone have been satistied. (Signature) (Oate) 2. COUNTY UTILITIES OFFICE . A preliminary consuItation has bee ~ Id to ' us$ the proposal. Our re4uir4ment3 for submitcal of this ..p Sal fo aone have bten satistied. The designated water purveyor Y site i • ISignature) ate) 3. wATER PuRVEYOR (rv/E) MODERN_ CTRIC _ a) The proposaF ~(is) (is t located in the boundary of our serviee area. b) Satistactory argem ts (tiave (have not) been made to serve this proposal. N c) We ((are~ (are n v (e to serve thrs site with adequate water. (S+gnaLure ) (Date ) 4 6UIlDING AND AF OEP EP1T A preliminary co ultat~on h •en hold to discus$ the proposal, Our requirements for submietal of t proposal for reaone have been $atistied. This 4has focated in F e District # . (Signa(Date) 5 COUN H DISTRICT A pronsultation has been held to discuss the proposal. The applicn informed of our requirements an d standards. (5i9nature) (Date) I, THE UNDERSIGPdED, SWEAR UNOER THE PEPIALTY OF PERJURY THAT THE A60VE RESPOP15E5 ARE MAOE TRUTHFULLY AIdD TO THE 8E5'r OF N9Y KtdOW- LEDGE. ~ i FuRTHER SwEAR TNAT I AN9 THE OwNER OF RECORD OF THE SITE PROQ POSED FOR ZOtdE RECLASSIFtCATION, OR, IF PJOT THE OWPdER, ATTACHED HEREwITH IS wRITTEN PERMISSION FROM SAiO OWNER AUTHORlZING MY ~ ACTIONS ON HIS OR HER 8EN F. ~ . _ (Signed) Date: 1:21/'s / s ( A d d r e s s ) L P ho n e . ' ' ~ o,~l,y . a<< SStOt-L)~- SSZip: 9~ o?/ . . • , ~q °a ; ?`JOTARY = o ~ = NOTARY(~' ~ Date: ,,/,7 S 7 o g ~ ~ W = hl O T¢1:,RjtIS`E A yyo~r +A,- ~ °•a;5C;96NATURE F LICANT OR AGENT 'Ofi YVA~~ko~oe~e , , Date. 1 31 ~~~~►~-~j j~..~✓. R ev 2/3/81 ~ 4 J 1 1 SPOKANE COUNTY ENGINEERING DEPARTMENT Spokane County, Washington LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of , 19 , by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at West 1116 Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as the "County", and Pring Corporation, having offices for the transaction of business at East 8500 Sprague Avenue, Spokane, Washington 99214 hereinafter referred to as the "Licensee", jointly, hereinafter referred to as the "Parties". W I T N E S S E T H WHEREAS, pursuant to the provisions of the Revised Code of Washington, Section 36.32.120(6), the Board of County Commissioners of Spokane County, has the care of County property and the management of County funds and business; and WHEREAS, Spokane County is the owner of the Sprague Avenue right of way in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 17, Township 25 North, Range 44 East, W.M.; and WHEREAS, Pring Corporation desires to utilize a certain portion of said Sprague Avenue right of way for '208' drainage, lighting and landscaping; NOWr, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the parties hereto do mutually agree as follows: SECTION 1 - PURPOSE Beginning , 19 , the County hereby grants the Licensee a license to use the following described real property hereinafter referred to as the "premises" for the purpose of '208' drainage, lighting and landscaping; The North 12 feet of the Sprague Avenue right of way abutting the South line of Lot 5, Block 6 of OPPORTUNITY PLAT N0. 3, EXCEPT the East 135 feet thereof. Located in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 17, Township 25 North, Range 44 East, W.M. SECTION 2- CONSIDERATION AND TERM 0 For and in consideration of the privilege to use the premises for '208' drainage, lighting and landscaping, the Licensee shall pay to the County Five Hundred and no/100---Dollars ($500.00) per year. 1. The Licensee shall install landscaping and '208' drainage treatment in accordance with a plan approved by the County Engineer. In the event this license is terminated by Spokane County or lapses by reason of non renewal by the Licensee, the Licensee agrees to replace the '208' drainage treatment and landscaping, in accordance with County requirements upon the Licensee's adjacent property. 2. Maintenance of all improvements including '208' drainage treatment placed on the premises shall be the responsibility of the Licensee. The license is revocable at will and non-assignable and does not exclude possession, either wholly or partially by the County of the premises subject to the license. The privilege given herein is not exclusive and the County reserves the right at any time to grant other or similar privileges to use and occupy the premises. SECTION 3- LEASEHOLD EXCISE TAX The Licensee hereby acknowledges to the extent that this license is subject to the "Leasehold Excise Tax" as set forth in Chapter 82.29A RCW as now or hereafter amended the same shall promptly be paid by the Licensee. i 4 \ i F Page 2 SECTION 4- COMPLIANCE WITH LAWS The Licensee shall comply with and abide by ALL federal, state, county, municipal and other statutes, ordinances, laws and regulations effecting the premises, including but not limited to the Spokane County Zoning Ordinance. SECTION 5- MAINTENANCE OF RECORDS The Licensee shall make available to the County or the Washington State Auditor or their duly authorized representatives, at any time during their normal operating hours, all records, books or pertinent information which the Licensee shall have kept in conjunction with this agreement and which the County may be required by law to include or make part of its auditing procedures, an audit trial or which may be required for the purpose of funding the services contracted for herein. SECTION 6 - MODIFICATION No modification or amendment to this agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present agreement SECTION 7 - VENUE STIPULATION This agreement has and shall be constructed as having been made and delivered in the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity or judicial proceeding for the enforcement of this agrPement of any provlsion hereto shall be instituted only in the courts of competent jurisdiction within Spokane County, Washington. SECTION 8 - WAIVER No officer, employee, agent or otherwise of the County, has the power, right or authority to waive any of the conditions or provisions to this agreement No waiver of any breach of this agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this agreement or at law shall be taken and constructed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of the County to enforce at any time any of the provisions of this agreement or to require at any time performance by the Licensee of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this agreement or any part hereof, or the right of the County to hereafter enforce each and every such provision. SECTION 9 - LIABILITY Use of the premises under this agreement will be entirely at the Licensee's own risk and the Licensee expressly agrees to indemnify and hold harmless Spokane County and all its officers, agents, employees or otherwise, from any and all liability, loss or damage that they may suffer as a result of claims, demands, actions, damages or injuries of every kind or nature whatsoever by or to any and all persons or property or judgments against them which result from, arise out of, or are in any way connected with the use of the premises by the Licensee under the terms of this agreement. SECTION 10 - NOTICES All notices called for or provided for in this agreement shall be in writing r and must be served on any of the parties either personally or by certified mail sent to the parties at their respective addresses hereinabove given. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. 1 : - . Page 3 SECTION 11 - HEADINGS The article headings in this agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the articles to which they appertain. SECTION 12 - ALL WRITINGS CONTAINED HEREIN This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. The Licensee has read and understands all of this agreement, and now states that no representation, promise, or agreement not expressed in this agreement has been made to induce the Licensee to execute the same. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first set forth above. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ATTEST: WILLIAM E. DONAHUE Clerk of the Board By: Deputy Clerk PRING CORPORATION By: Title: ~ ` Nurnber ~ SPOK AAIE COUNTY E N G IfVEER t PRELI@iIAIARY CONSUL'fATIOYd A. Pruject hame: ZOAe& PROPOSAL Numbec of Parcels: Section L7 T. 7 r N., R. el~f E,W.M.; Quarter 1 2 3 4 DEVELOPER Na►ue : .3&441 4,10,V- or AdJress: AGENT Phone : Bus lness tlorne Nam e : ~k / 41 Caef OWNER Acidcess : Ptione: Business Ilome Narne. ENGINEER Acidcess : Phone: Business Etome B. PRELIMINAR% CONSULTATION: Date: ia /97 By: Preliminary a) Rigltt-of-Way /VA Condi[ions b) Curb }/,~'S' c) Siciewalk ~~,5 d) P a v e /1 e) Approaches f ) Drainige g) State/City Review Yes No Re ma r ks • ~~p- 2pjgg~Z ~ • W. ese ~ ~ . ~~~t~~' • l~~ S: ,~s ' NUTE: Thi.s pr~~posal miist c nply with Spok~ne CU ~t~ty"ReRulatioiis for RoadS, Ap- proach and Drainage in New Construction; Boarcl uf Gourity Coinmissioiiers Kesulution No. 80-1592 as amendedo Conditioris are preliminary ancl may change after field in- spection and review of County records. C. INSPECTION Dite. BY: Remarks : , D. SPECIPIC CONDITIONS: Fee Paid : Yes No Amount S Casti Cfieck Planning Application Sig►led: Uate BY E. F INAI. PLAT CHECKS Fee Paid: Date Amount Check Cash Mathematical b Surveyicig Checks: t1o e 1 Da te BY No, 2 Date By No. J Da [ e By Add i t ional ma[tiemat ical and Surveyi ng Cliecks : No. 4 Date By Fre Amt.bUt.l'd. No. S Date By Fee Arnt.6Ut . Yd. No. 6 Date By Fee 11mt.&Ut.E'd. No. 7 Date By Fee Ant.bDt.Pd. 1/81 . ~ ► 3b ga . . - z..~ t e WL w C~ ~ E vv-i s ~ ps1~'►o LU ey' , Q-t . f d4S7-,~-,~., ~ ~ • Lo ,~s~ ~ ~-t~ ~ _ . O'vL - . ~ ~ ~ L G~ • _ o. LU OoL . ? ~ ~ : . , ' . ~ . - ' . a.....-.: ~ U~. ~ ~oY ; < ~g ~ . , ~ v ~ ~ 49 B , . U • ~ n A(D FI * - - - ~ y-- ~ ~ • 0 ~ ~ ~ . J• ~ o , 19 35 4 4c -0 8 q 0 8 Fil A/ c(D ~ o R ~ ~ t ~~~~u , b a Iq I • . , i~~ . ~ ~7 i , , ! o~►''• ' - ~ : , ~ • • • ed* - - ' ~ , • ~ . t ♦ • ~ • : r ~ • ~ ~ A .4p ow r 4w 1 . ~ . dO dW . , ~Ot - ; ~ , - . . 0104P _ ~~r~r t:; a~+~~►,~~ nr ~ Il h t mGc I s~~,~~ r r~ ~ ~ _ > > : ~ .:v ~5~'~•~ 1'~l`-~~Q~ J w7~~ ~~~i> ~ ( I , ~rt'( -1~f'~~w ~ 6-0 L ♦u c -v+.T r:'~ fa~ A J Y~ ~_7 ~ ~ e ~ ~ ry~ . 1 ? w S R ~ / • ~ ~ ~ ~ ^ ~•t s r'1, .1. ~ , ? ~ ~1 , ~~1-~ 4 - ' Y.~ 3 ~ ~ i ~ •w ~ 9 t j 4 1 e I ~ ♦ ~ ~ 'y~•l~' 1 ' ` {1 ~ 1 f` O ~ ~ ~d y l ~~i ~ ~ \ a t ~a. 0 S f %'7 1* 7~ Z~ • ~ 9 ry _ ~ ♦ + ~ ~ * ~ fd l~ ~ t i y ~ d f s ~ • ~ ~ ~ ` } 1is w ~ .~..Y_ . ~ .vi J J r. v ~l.r ..i L. ~ ~.s J ...~:~i 1~ I ~ w ~ U _ ~ • ~ t 'l a ~s~. si r .r y ' ~S ~Csi",..i 1~IYn~► d ~ ~ ot ` r tS~ # q f ~ , \ ~ o• r~., !,i1 ~ RECE'PT DCfte 1- 8 19 0628 % Received From ~_e A:,~ 4 l Address~D V---L i L I` 1; ! r-. r~~~„ ~ ,a ~ t' .,j' 4c • DOIlOrS $ C~-~ ~~c .r ( .X~ Gi e-, -7 - ~S / ` ' • s AC:OUNT ~ ~op~~~,,/~1~1 ~s = f.nti~ OF HOW PAID JPLY1i4'V GCb aa ENGAMEEFER n ACCOUNT ~ CASH ~ ~ q}-g}~.~~_~~Q~ . ` , J , q,} p~~ t ' ` J ~,a! , ~ ' • ~ AMT PAID ~ CHECIC~V".-. ? ? S~K/tlaE. ~NsMJ~7~~ 1 O}~I 99260 f ~ BALaNCE I ~ MO►~Er t . ~ p \ ~ ~ ~ ` • ~ a OuE ORDEtt By ~.3~ / • • • e K 80 S (tEDf FORM ..1 ~L i q ~ " o 'r - ~ . . _ ~ ~ _ ~ -.y r . . ~ . 1 w ~'t~ ~ ~T t 7 ~ ~S S R~/ L ~.1 ) ~ t7=~l~ ~ ~ ~ •r ~ , ~ ~i~~ • b. ~ ~.Lb JQ'4..~ ~L'i.~.~.~ NPRIF ~G coRPOP«, iioN o. ~~2286 1 ~ 3 ~ ~ t7 fl C.CX t4~-78 DtG't = 850- S=',~u~ ~ SEATTLE F/RSTAIATlOAfALBANI's + , I St'Oklne V11c7.~.1 r^,C^ G1-~i tC 1f1 7 2 1 ` ~ C * * ~ PA~ Two Hu►~dred and No/100 GOLLA R 2..0.00 ~ ► Spokane County Engineers ~ , I O, Ccr ~ N. 811 Je~ferson . c= , Spokane, WA 99260 , t ' 00 2 2 2. 601: L 2 50000 24 1: 1 ?0 9 6 900'I° r ~ FRING C'GRPORATION r t~.^. CT~•E~ t,= ^c~a~ ~ r-_.`.Sa~ C~_`..:~' ~TIQR ..'~:1~"" . r Af~.rS.:~~' ~~IIv~ I NET 1+ 1-6-88 L~ t~Alfla EngG'1irys~4^neers review of n= the zone chang'l~iR~ 4 ~ e ~ on the ONB Property $200.00 i ~ ~ r , a if . ~ • J w ~ i ~ ~ 42, "1 J ~j ii i~ • ~ PLANNING DEPARt".IENT HN".."»..Y 'ENTar ~i-'L; 4v V 72 1 E'F'R r i ~~1 '~~"~yj1-t,~, ~ 5rN rtiE ~ ~y~'►1.L~}{{~ ~i~"'_; i>> F~~ r..r<< 456 2205 . _ i 1 • ✓ w ~Pl,w_tiE NAaN7NCTC 99260 ~N ~ . ^ pO~qNE "•--o _,t _ _c MEMnRANDi]M /N~ER ~ ~ j TO TUil] Davis, Count) Buiidinp- and S.ifcty Dc;partcncnt Bob McCann, County Engineering Dcpartr»ent , Jicn Leizat/Dean Fowler, County Utillties Department , Scott Fink, County tiealth District FR0M Pst Fran{.ovic, ASSistant Zoninv, Adniinistrator , ~ DATE JanuarN 5, 1985 , RE Februar~, 4, 1958, ZoninV I-iearina Cramitizr Comr-iiittee A (7 enda 5 ~ Attached is the information for the February 4, 19SS Zonin9 Hearinc Examiner Committee Agenda Scheduled are three zone reclassifications, , one variance request, aclci one change of conditions All three actions have a site plsns which are attached for your review Also included Zre copies of ! the Zonin~ Action applicstions whrc;h mav aid vou in re~-iewin~ the propos- ~ als Also, would you please note on your condicions which are stsndard ; and whicn are ones th.tt you consider special Please review the information and submit vour comments and recommenda- 'tions by Tuesdav, Januarv 19, 1988 ~ If vou have anv questions, please give me a call PAT FRAI` KOVIC Assistant Zoning Administrator Pf= llm • • . w ~ ZONING IiEARING EXAMINER COMMITTEE I=EI3RUARl' 4, 1988 PAG E TWO ZF-48-86 A(LRI('11I,T R 11 TO NEI(:F{1;ORITOO1) Bl1SINl:SS and j13-L) 7.ONF VE-112-87 VARIANCE To) ALLOW NFIGNRORiIOnD RILSLVFSS (Ti-l 7 F VVI"THIN 1/2 Nit[,F ()F AVOTI1ER Nh;IGlIl3 fZHOOI) l3USINF.SS (l;-l) OIZ I,O(', AL I3 t I ti 1 N ZD~F.I Generally loc:ited at the southwest corner of Argonne Road and Cataldo Avenue in Section 18-25-44. TAX PARCEL NU MBER: 1 R541-1301 and 1302 COMPREI-iENSIVE PLAN: Major Commercial PROPOSED USE: Retail and continued residential VARIANCE: To allow a Neighborhood Business (B-1) Zone to be located approximately 160 feet from another B-1 Zone, whereas Section 6.24.310 of the Zoning Code requires a separation of at least 2,640 feet between B-1 Zones. S ITE S IZE: Approx. 14,700 square feet APPLICANT: Charles E. Simpson N. 919 Argonne Road Spokane, WA 99212 3. ZE- 5 7- 8 7 RFSiDENTIAt OFFiCE TO RFGiONAL i3USINESS a n d (B-3) ZONE ZE- 136A-80 CNANGE OF CONDtTI()NS IN A COMMFRCIAL ZONE Generally located at the northeast corner of Sprague Avenue and Walnut Road in Section 17-25-44. TAX PARCEL NUMBERS: 17544-2618 COMPREHENSIVE PLAN: Major Commercial PROPOSED USE: Used car lot & future retail center . • ~ • IL AGENDA ZONING HEARING EXAMINER COMMITTEE DATE: FEBRUARY 4, 1988 TIME: 9:00 A. M. PLACE: Broadway Centre Building TELEPHONE: 456-2205 Second Floor Hearing Room North 721 Jefferson, Spokane, WA 99260 ZONING APPLICATIONS WILL BE HEARD IN THE FOLLOWING ORDER BEGINNING AT 9:00 A.M. OR AS SOON THEREAFTER AS POSSIBLE. THE ZONING HEARING EXAMINER COMMITTEE WILL NORMALLY RECES S FROM 12:00 NOON TO 1:30 P. M. FOR LUNCH, OR AS OTHERWISE ANNOUNCED BY THE CHAIRMAN. ITEMS NOT HEARD PRIOR TO 5:00 P. M. MAY BE CONTINUED AS ANNOUNCED BY THE CHAIRMAN OF THE ZONING HEARING EXAMINER COMMITTEE. 9:00 A.M. HEARING BEGINS 1. ZN - 4 5- 87 ACRI C1I,TURAL• TO RURAL SETTLEMENT (RS) ZONE Generally located at the southeast corner of Yale Street and Columbia Street in Section 23-27-43. TAX PARCEL NUMBERS: 23732-0301 COMPREHENSIVE PLAN: Semi-rural PROPOSED USE: Continued use as a h ard w are s tore S ITE S IZE: Approx. 14,196 square feet APPLICANT: Elmer Diluzio N. 15515 Anna Street Mead, WA 99021 ZONING HEARING EXAMINER COMMITTEE FEBRUARY 4, 1988 PAGE THREE 3. CON TIN U ED FROM PAG E TWO . CHANGE OF CONDI- TION REQUEST: To review a site development plan according to Zoning Hearing Examiner Committee Condition #e3 of File #ZE-136-80 S ITE S IZE: B-3 rezone is approx. 15,500 square feet and existing Commercial Zone is approx. 25,800 square feet APPLICANT: Pring Corporation c/o John T. Peterson E. 8500 Sprague Ave. S pokane, WA 99212 5,0() P,M• TENTATIVE HEARINCj AD.TOURNMENT NOTES: HEARING EXAMINER COMMITTEE SITE TOURS: The Zoning Hearing Examiner Committee will tour all sites advertised for this hearing by County car and accompanied by a Spokane County Planner on or about Tuesday, February 2, 1988, at 9:00 a. m. For details, contact the Spokane County Planning Department. STATE ENVIRONMENTAL POLICY ACT (SEPA): Except when an Environmental Impact Statement (EIS) has been prepared, as may be indicated above for a specific case, a Determination of Non- Significance (DNS) has been issued FOR EACH PROPOSAL ABOVE. Most "change of conditions" are exempt from the provisions of S EPA. A DNS is a decision, based upon information available at the time the DNS was issued, that no EIS has been ordered to be prepared. Comments regarding a DNS: (1) are due by the close of business hours, Wednesday, February 3, 1988; (2) should reference the specific file number; and (3) should be addressed to the Spokane County Planning Department, North 721 Jefferson, S pokane, WA 99260. Additionally, comments on the DN S and any other environmental documents may be made at the public hearing, the time and place of which is set forth above. Contact the Planning Department for more information. ADDITIONAL INFQRMATInN: Project details, legal descriptions, and other information for these applications are on file and available for public inspection in the Planning Department' s office. f 5F'OF:::ANE COUNT'i L•EF'AF;TMIENT 1, ; < ; _ ~ r ; • ~ , i '_7 U . To: SpoE::ane Goc_trity F'lar+n i ng F-r om: Spok-ane County Eng i neer ' s Depar trnt_~~ iL Sub.je!=t: Coiidita.ans oF ~-lpproval 7onp Char,ge tlo. l_:-:;'~~:~`+_:';__ App 1 i cant s Name FF. 'LNG_COF'FnRAT I GN------- .>ection 17_, Town,ahip N, Range 4-1 E= The f~ol lowing "Canditions of A}aprova1" f ar t he above referenced :.orir- chang:~ are SLtbrnitted to the S;aaE::ane COunty Hear ing E,-;arniner Co(Tn-ii.tte(--- {-D r ; 1 I'1c1 l_t S 1 i::)I'1 1 fi t tl 2 "P1an n-Ln q Fi E? pU f` t" c=t 11 d afl t:] l1 I' dt--' C' " Q; t'-1 t? p1_: t: ~ I 1I.- haa r i ~-i g F'rior to the release of a building permit or uS-e af the property as p r aposecJ : . r... r _ _ , . _ t _ - _ r - . ~ :.t. . I i : . ' . t i I I , . > f i r ~ i ` ' , i.. . ~ _ :i . _i _ _ . , . . . _ . . ~ . rD t) t...aind froiri r--o-unty Engint- e r . P. A pp 1:~ ca nt. h a 11 Su b m i t f c, r ar.,p r c-jv~{ 1 b•y t. h-? Sp r•::.,:~.~i, drainage and accPSs F The appliCant shall subn+l. &nd the Spok:ane Caunty HeaIth Diatr ict a detai led cc~inbined on-sitru ,r:,y5tem pl~.~n and 5l.if -fc'tCE wa'Ler, disposal p1an fc.~r the ertire pro.?ect purtion thereof i. f the development is phase-c;:. 1C?. A parking plan and traf f ic circulation p1an uE apprcaved by thE Spok:ane County Engineer. The design, lc`aticn anff ar•rangement of parF:ing stalls shall be in ac:cordance with atandar-d erigineer ing pract_ices. F'aving or sur facing as approve(:i by thn Courty Engineer wi11 he required for ant,, rur± ic,!-) c,{ t,h:. c_1-cupied or travp-led by vehicle-: j:'. The construction of the roadway lftifaPG'JUfTlriits stz-+ted t-«r e:Lr► shii;l l bc~:.~ccomp 1 i.st-,ed as approved hy the SpaE::ane County Eng ineer . 15. The Gounty Engineer has designated Typical Roadway Section NLiIn;;-~ ONEi_ACCrSS_STREET_wTANDARD_ f or the impr ovement o F WALh1UT FiOAD wh icri i s adjacent to the proposed developmen}. This wi I1 reqLiire+the addition of appro:;imately 1Q_TC_14 ft. of asptialt along thz frontage of the - ciflfl =i1.~~F.a;~:-t~.~:: ~?1!.i:=~•'F c~1=:_~ CGfl`~tI'•l.1Ct.~Cj. 1f::, ~~11 ri:~ r_;L ~ ii,1i r7-+rC,i-It.:~ cl11 c<:.n fC) i m`u ti-Ic r, r._=;-,E e c)~ Washingtvn Stzndard Specxfication~.- for Fioacl and Dridce coAstructic,n ar+d other ~~pplicabie coun±y Standards and/or adopted resr-Dlu± ions portai.ning ; pertaining to F.oad St czndards C-%nd Stormwater Manage-ment in e4' iect at the cJtat::, uf _01i1.5t_rLAc~t.ic-;nq UCIIrs-, otherwisQ approved by the CoLinty Enginfer. :'~y. Roadw:a~r stG~n~SarcSL~, typical ro~Zdwa~y sections ar~d drainaye pl~~n i rpcluiremen-f_s are faund in Spok:ane Board of Cot_inty Commissioners ~ rc_sc,lu-t Ox-► G,c:,-159^ aa amend-d and are aF,p,icable to tt-iis proposal. s ~ • ZE-'57 7-87 p-t-A gE-~ ? ^4. WD cor►s tructiUn work is to be- perforrried witr-i in the e.:iLting ar proposrzd r ight. of way unt i I a permit has been issi_ted by the County Engineer. AlI work: within tilie pLiblic road right of way is suG.jec:t to inspeLtion and approval by the County Engineer. 25. Al l required constructi.on wi thin the e:: isting or pruposed p:_tb1 ic r ight of way is to be campleted pr ior t a the release of a bui ld.ing permit c,r• a bond in ari amoi.tnt estirn,:.~ted by the Ccunty Engzneer to cc►vEar thE c_ost ()f cons-t_ruc± iom or imp;~ e\r~Inen~ r3 ~hal I t,~3 f~ ± hp Go:_ir)#.y Engi.nE~er. . ~ ~ ~~1 ~ ~ ~ I ~ . ~ y ~_e~l '.1..~ . ~ i. t .1~.~ . ~.SS, ` ' , ~.a,r . ~v. L . , '1,~ • , ,y''{~.~2.t'.a • - ;.i~' '~}i~. `az ~~..r ` ^ ; ' / ~ IF ~ . l. r ~ F q . . ~ _ ' • . ' ' ,e . - yl' . ~ . ~ . • ~ C ~ . r 'r , . 1" • / r,~t . ~ • _ • t ~ ~~+1 t . ~ . . 3' _1 ' . ~ ~ ~ o~ . l~l~..,,s.i• ~ ' , ; . 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' ~1 .r. ~ 1.. ~r- . . ~ , ~ y . t ~i f'n; . ~ ~ f ` t ~7►~ . . . v . ~ r ~~F~ ~ ~ ~ 'r~~ ♦ n- wt Y'r..f. ,•a3` ~ *''IS~{t.y'3.~e i~ l~V V' ~~r' ~ . •y ~ S e. ~•a lt+~~, it,,•~• 1~. .o ,~'~..f'.~,`t_ •t " . ~sr'~•~4 y';~. ~~~~+1,' ~p r;'~~~ 1~~ FZ~' ~+i. T' ,~'4 ' ~~tt S4n~~ y ~ 7~,4~!' W~ s.41~~~ d ~ Y' ~~$T~~~~~r ~ 1 . r PLANNING DEPARTMENT j i *BROAOWAY CENTRE BUILDING N. 721 JEFFERSON STREET f I PHONE 456-2205 . SPOKANE, WASHiNGTON 99260 SFOKAN[ COUhTY COURT NOUSE SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINCS ANU ORDER A. INTRODUCTIOh' This matter having come before the Zoning Hearing Examiner Committee on February 4, 1988, and the members of the Committee present being Jim Schurra, Chairman, Phillip D. Harris and Ron Odell. B. PROPOSA L The sponsor, Pring Corporation, is requesting approval of a zone reclassification, File No. ZE-57-87, Residential Office to Regional Business (B-3) Zone, for the purpose of developing a used car lot and future retail center. Also, for a Change of Conditions, File No. ZE- 136A-80, change of conditions in a commercial zone. C. FINDINCS OF FACT 1. That the existing land use in the area is single family residences, apartments, Sprague Avenue, Subaru Car Sales, Travel Office, retail, tree cover and vacant. 2. That the Comprehensive Plan designates this area as appropriate for MAJOR COMMERCIAL developmen t. 3. That the existing zoning of the property described in the applicatiu►1 is Residential Office and Commercial. 4. That the provisions of RCW 43.21C (The State Environmental Policy Act) have been complied with, and the Committee concurs with the Determination of Non-Significance. 5. That the proper legal requirements for ~idvertjsenlent of the Agenda Item have been fulfilled. 6. That the land use in this area is suitable for thc propc~~cd t1se, or ti~e~ within the Prnpostcj 7onc C'l.tssific'~itinn. C. FINDIN GS OF FACT ZE-57-87 & ZE-136A-80 7. That the applicant has demonstrated that conditions have substantially 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 expressed both approval and disapproval 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 detrimental to the public health, safety, and welfare. 11. The following are additional findings of fact considered by the Hearing Examiner Committee: a) That the Board of County Commissioners has the authority to decide on the use of the 12 feet of right of way shown on the site plan. b) That the frontages along Sprague Avenue have been changing to higher intensive uses; the Hearing Examiner Committee has required conditions of approval dealing with landscaping, dow n- lighting, signage controls, building height limits and parking standards to screen this use from the adjoining residences to the north. c) The Hearing Examiner Committee strongly encourages the applicant to strictly comply with all applicable conditions of approval in the development of ttiis site. D. CONDITIONS OR CONTINGENCIES APPLIED TO TtIIS APPROVAL (All Conditions imposed by the Zoning Hearing Examiner Committee shall be binding on the "Applicant", which term shall include the owner or owners of the property, 6eirs, assigns, and successors. ) a) COUNTY PLANNING DEPARTMEIVT S tandard: 1. A specific landscape plan, planting schedule and provisions for maintenance acceptabte to the Spokane County Zoning Admini~,- trator shall be submitted with a performance bond for the project prior to release of building permits. Landscaping shall be in- stalled and maintained such that sight distance at access points i~% not obscured or impaired. 2. The applicant shall develop subject property generally dance within the concept presented to the Hearing Examiner Committee. Variations when approved by the Zon ing Admin l,- trator will be permitted, including, but not limited to the follo%\ ~ t D. ('ONUITIONS OR CONTINGENCIES ZE-57-87 & ZE-136A-80 a) COUNTY PLANNING DEPARTMENT ing changes: Building location, landscape plans, and general al- lowable uses of the permitted zone. All variations must conform to regulations set forth in the ZONING CODE FOR SPOKANE COUNTY. The original intent of the development plans shall be maintained. 3. Direct light from any exterior area lighting fixture shall not extend over the property boundary. 4. The specific development plan will be submitted for Planning De- partment review and approval prior to issuance of building permits. 5. All current standards of the Regional Business (13-3) Zone, as amended, shall be complied with in the development of this site; described as follow s : Lot 5, Block 6, Opportunity Plat #3, EXCEPT the East 135 feet, EXCEPT the South 150 feet, and EXCEPT streets, situate in Spokane County, Washington, all in Section 17-25-44. 6. That the present proposal is not detailed enough to determine whether or not the use of or materials stored on the site are in compliance with Section 7.06 (Aquifer Sensitive Area Overlay Zone) of the ZONING CODE FOR SPOKANE COUNTY. Ac- cordingly, as a condition of approval, the sponsor/applicant shall be required to file with the Spokane County Auditor, within thirty (30) days of the signing of Findings and Order of the final deci- sion in this matter, a"Notice to the Public" which shall provide in material as follows: PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY FOR ANY BUILDING OR ANY USE ON THE PROPERTY DESCRIBED HEREINAFTER, THE APPLICANT SHALL BE RESPONSIBLE FOR COMPLY- ING WITH THE PROVISIONS OF THE ZONING CODE FOR SPOKANE COUNTY SECTION 7.06 (AQUIFER SENSITIVE AREA OVERLAY ZONE). THE PROPERTY WHICH IS THE SUBJECT OF THIS NOTICE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:.... 7. Applicant shall comply with ' 208' recommendations concerning stormwater runoff and provide necessary landscaping for runoff. 8. Any division of land for the purpose of sale, lease or transfer, • shall comply with RCW 58-17 and the Spokane County Platting Ordinances prior to issuance of building permits. 3 , • D. CONDITIONS OR .ONTIN GFNr'IFS ZE-57-87 & ZE-136A-80 a) COU N TY PLANN IN G DEPARTMEN T S peciat: 9. That the applicant petition the County to vacate the 12 foot strip along Sprague Avenue and receive approval OR that the buildin size be reduced now accordingly to comply with available on-siic parking to accommodate the County' s future improvement right c way of 12 feet OR that a revised site plan be submitted for reviev, and approval by the Zoning Administrator which demonstrates llat the site can comply with parking requirements, relocate re- iuired landscaping, ' 208' and lighting on site when the 12 foot >~r11) is needed for roadway improvements. ]O. 'I'hat landscaping be provided as follows: Five (5) feet within the property along Walnut Road; five (5) feet along Sprague Avenue (location to be determined by #9 above), and ten (10) feet of dense, tall landscaping with a six (6) foot sight-obscuring residential fence along the north property line. 11. That advertising signs be limited to one (1) free-standing sign not to exceed 35 feet in height, and 150 square feet in surface area on a face. All other signs shall be attached to the structure. 12. That the use of the 12 foot strip along Sprague Avenue shall be decided by the Board of County Commissioners and this site plan approval shall not be used as a precedent in that decision. 13. That the height of the structures on site be limited to 1 1/2/ stories. b) COUNTY ENGINEERING DEPARTMENT Prior Tp The Issuance Of A Buildin~gP rmit 4r Use Of The ProQ~Lrtv As Proposed: l. Access permits for approaches to the County Road Syscem shall be obtained from the Spokane County Engineer. 2. Applicant shall submit for approval by the Spokane County Engi- neer road, drainage, and access plans. 3. The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed com- bined on-site sewage system plan and surface water disposal plan for the entire project or any portion thereof, if the development is to be phased. 4. A parking plan and traffic circulation plan shail be subiliitted and approved by the Spokane County Engineer. The design, location, and arrangement of parking stalls shall be in accordance with standard traffie engineering practices. Paving or surfacing as ap 4 D. ('ONDITIONS OR CONTINGENCIES ZE-57-87 & ZE-136A-80 b) COUNTY ENGINEERING DEPARTMENT proved by the County Engineer, will be required for any portion of the project which is to be occupied or traveled by vehicles. 5. The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer. 6. All required improvements shall conform to the current S tate of Washington Standard Specifications for Road and Bridge Con- struction, and other applicable County standards and/or adopted resolutions pertaining to Road Standards and Stormwater Man- agement in effect at the date of construction, unless otherwise approved by the County Engineer. 7. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners' Resolution No. 80-1592 as amended and are applicable to this proposal. 8. No construction work is to be performed within the existing or proposed public 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. All required construction within the existing or proposed public right of way is to be completed prior to the release of a building permit or a bond in the amount estimated by the County Engineer to cover the cost of construction of improvements shall be filed with the County Engineer. S pecial: 10. The County Engineer has designated Typical Roadway Section Number One, Access Street standard for the improvement of Walnut Road which is adjacent to the proposed development. This will require the addition of approximately 10 to 14 feet of asphalt along the frontage of the development. Curbing and sidewalks must also be constructed. c) COUNTY UTILITIES DEPARTMENT S pecial : 1. Applicant must connect to Valley Sewer. S D. CONDITIONS OR CONTINGENCIFS ZE-57-87 & ZE-136A-80 d) COUNTY HEALTH DISTRICT S tandard: 1. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 2. Water service shall be coordinated through the Director of Utilities, Spokane County. 3. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social and Health Services. 4. Use of private wells and water systems is prohibited. S pecial: 5. A public sewer system will be made available for the project and individual service will be provided to each lot prior to construc- tion. Use of individual on-site sewage disposal systems shall not be authorized. e) COUNTY BUILDING AND SAFETY DEPARTMENT 1. The site is located in Fire District # 1. 2. The applicant shall provide verification from the Fire District to the Department of Building and Safety that provisions have been made for adequate fire protection prior to the release of building permits. 3. Exterior walls of any existing or proposed buildings shall have fire resistance and opening protection from the property line as set forth in the Uniform Building Code. f ) WATER PURVEYOR 1. Water Purveyor is Modern Electric Water Company and they will supply the site with adequate water for domestic, fire and irrigation uses. g) SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY All air pollution regulations must be met. This includes but is not limited to the followine: l. Air pollution regulations require that dust emissions during de- molition, excavation and construction projects be controlled. This may require use of water sprays, tarps, sprinklers, or sus- pension of activity during certain weather CO(1d1tlOf1S. IIaul roads 6 D. CONDITIONS OR CONTINCFNC'iFS ZE-57-87 & ZE-136A-80 g) COUNTY AIR POLLUTION CONTROL AUTHORITY should be treated and emissions from the transfer of earthen material must be controlled as «'ell 1c construction related activities. 2. Measures must be taken to avoid the deposition of dirt and mu: from unpaved surfaces onto paved surfaces. If tracking or spi occur on paved surfaces, measures must be taken immediately to clean these surfaces. All travelled surfaces (ingress, egress, parking areas, access roads) must be paved and kept clean. 4. Some objectionable odors will likely result during the construc- tion phase of the project and from motor vehicles using the site following completion of the project and from occupants of the proposed project. 5. SCAPCA Regulation I, Article VI and SCAPCA Regulation II, Article IV addresses emission standards. All emission standards must be met. 6. Demolition and renovation projects must comply with the re- quirements of CFR 40 Part 61, Subpart M. Intent to Demolish and Renovate forms are available at the S CAPCA office. 7 , . . ORDEB► ZE-57-87 & ZE-136A-80 The Zoning Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Pring Corporation for a zone reclassificacion and change of conditions as described in the applicition shoilld hF= APPROVED to the Regional Business (B-3) Zont Motion by: Ron Odell Seconded by: Phillip I). Harrl Vote: (3-0) UNANIMOUS TO APPROVE TO THE REGIONAi. BUSINESS (B-3) ZONE UNANIMOUS TO APPROVE THE REVISED SITE PLAN HEARING EXAMINER CC)MMITIEE IEREBY ATTEST TO THE ABOVE INnINGS, ORDER, AND VOTE ~ ~ f7 Cha'r"pian ; . ATTEST: For WALLIS D. HUBBARD Planning Director . !2~w By STEVE HOROBIOWSKI Zoning Administrator Da te ~ ~w... ~ ~ ~ - - _ - . ~ v r " I _6 Y q W. s y , a ~y , ,,~z a ~ ~ ~',a ~ r <5 r a .S'r ,r . ,~,w ~ W~ ,d ~r f 'A ~ ~ .s , ~ aC aK s„ ~ r ~ ~ ~ ~ ~ ~ ~ s k , ...x ~ ~ y 'V ~.i~6. q C a A' p ~ ~ . , • ~e~. s &+u s d x ~ ~ ~ 1 ~ ~ gr ~ti~ p , k Y 1" _ . . ~ , . . . . . . . . ,a - - I - - I ~