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ZE-35-78 ~ 464 Pt GE 1235 c Ilil.11 t()1 WAl Uhl U '7;~U6;i;~,C1;30F; Yf ~ if ~ ~ - - - - - - - - - - - - : zE 35-78 t i h! HL AfA'11 !!t of L1it BIJAM ROAD , N°• -1232 KNulv Atl. i►tl_N U1 TIlL51 I'IU 5t S, Zl,ut Dominick Toulouee , , of tne coiancy of 6pol.Ane, iri tl►t-, Statc of 1Vtis!►ingl.cm, iii cotisidc rilLicai of LhL bcnf-t I t5 arid othPr tinlueble coiisiderntior►s, encl, ttte st,n of One and no/100, oo.000000000000 U.,llars, paicillia by ttie Coumty of spokane, ~ ti,c i ec.eipt ►%hereof is iiarPby 11( {jio%L]PfIoE CI, liuvc gr witeel, barbitiited, sold and eonveyecl, euui by these E q presents do grant, Lnrgain, sell ruaa comey tmto said S)*karie Cuunty, the follo►riM describecl paccel ,d of land, siLteated in S~l.cune Cotu►ty, ict the State of Iva~t►ington, to-wit. The south 50 feet and weet 10 feet of the east 30 feet of the ea8t 330 feet of the ! ~ Northwest Quarter (NW) of the Northeaet Quarter (NFO amrth of the Cbicaga, Nilwaukee St. Paul aad Pecific Railroad rfght of w,ay together with the following-portione of eaid Northweet Qua;ter (HW14) of the Northeast Querter (NX4) atore particularly deecribed u t ae followe: All the land lyfag aortheaeterly of aa arc coacave to the southrreBt xith ~ a radfus of 2D feet at the northeaBt corner thereof; the ende o.f said aro befng tangent ~ wfth alino para2le1 to and 30 feet eoutherly of the north eeotion line ead also being ~ ` tengent wifi.h a line perallel to ead 30 feet d3.etant veeterly of the ceaterliae of ~ Blake Road #1292, and all of the laad lyiag eoutheaeterly of aa arc concave to the northweet, vzth s radiue of 20 feet at the eoutheaet coraer thereof; the snde of ~ j said arc being tangeat with a liae parallel to and 50 feet distaat northerly from ~ the north liae of the GH St.P & P Railroad right of vay 8nd aleo being tangent vith s a liae parellel to and 30 feet distaat rreeterly from the ceaterl~fae of Blake Road ~ #1292. ' ~ ~ 1'lzie conveyance ie made eubject wfth the uaderetaading that Spokaae Couaty vill aot , utilize the laads herein conveyed until euch tfine aa they are deenned neceeeary by ~ the SpokBae County Eagineer and a site p18►n,, for permaneat developatent is eubmitt4d i and approv@d for the lsads de,scribed ae the east 300 feet of the Northxeect Quarter ~ (NW"A) of the Northeaet Quarter (M) north of C,M.St. P. & P. Rsilroad right of vay, Except the weet 100 feet of the eaet 300 feet of tbe north 150 feet. All fn ~ ~ c taasu laX Eatsmp~ t i' ~ 7at /1 ~ , s i~ Scf.tioll 22 , Townslisp 25 Nortli, Rx4ge 44 , h.►V Ai , 1 ~ T10 HpVE pN7y 10 lqJIU t,lie titune, iu'ito tlie seld Srol+ane Cauntl tor the pur}ioses of a public roacl ~ £orever In «itr► S►%1if reof ~ j►1%e 11t 1fLQlto st l hauul aiui seal this 17 d.ty uP 19 70 ~ i , ~ ~ ~r(! Tf ii+F~~ I rl, mu.,t be ~ 1Pi ~ cl by uul t _ .na und 2A i OFFYCE OF TH-E SPOKANE COUNTY PLANNING COMMISSION D A T E March 1, 1978 To Title C ompany ~U`b-l YV 7 Ftom Z Spokane County Planning Department ~ ~ Subject Zone Reclassificatton ZE-35-78; Agricultural to Commerctal Please furnish a list of the owners and t.axp3yers of record of a!1 FropE rty located within 400 feet and the ftve nearest praperty owr,ers of the property de. crlhed below. Also, please include all ma:tage and loan numbers with addresses, when possible, !n order that proper notiflca'L! or ma;r be mzdr:. If there are no more th.an flde owners within the 400 foat boundary, pleasa furrilsh a list of the owners and t?xpayers of recorci for the five ciosest owrersh&Fs. Incomplete or illeq:ble title compay llsts will not be accepted by thls dapartment. Thanfk you. (Prcperty Descrtption) Sectton 22, Township 25 N., Range 44, East 330 feet of the NW 1/4 of the TVE 1/4 North of CMSTP & P R.R. r/w except the W 100 feet of the E 330 feet of the TV 150 feet. Spokane County, Wa sh ington Donimick Toulouse Ea st 13418 Sprague Spokane, WA 99216 926-5426 NO, BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ZE-3 5-78 ~ ) IN THE MATTER OF CHANGING THE ZONING ) MAP FROM AGRICULTURAL TO COMMERCIAL ) RESOLUTION ) ON PROPERTY LOCATED IN SECTION 221 TOWNSHIP 25 N., RANGE 44, E. W. M., ) SPOKANE COUNTY, WASHINGTON. ) The above-entitled matter coming on regularly for hearing before the Board of County Commissioners of Spokane County, Washington, on this day, and it appearing to the Board that the Spokane County Planning Commission has given due notice of the hearing on the matter in the manner and for the time provided by law; that said Planning Commission has held a public heacing as required; and that the said JPlanning Commission concurs in the plati to zone the following described property as• COMMERCIAL The East 330 feet of the NW 1/4 of the NE 1/4 north of C.M.St.P. & P. R.R. right of way, except the West 100 feet of the East 330 feet of the North 150 feet in Section 22, Township 25 N., Range 44, E. W. M., Spokane County, Wa shington . NOW, THEREFORE, BE IT RESOLVED, That the above-described property be, and the same is zoned undec the classification of COMMERCIAL as defined in the Zoning Ordinance of Spokane County, adopted August 25, 1953, as amended. AND FURTHER BE IT RESOLVED That any development on the above-described property shall be subiect to the following conditions: 1) Applicant shall obtain approval for on and off-site drainage plans and access permits before issuance of building permits. 2) Dedications requested by the County Engineer be executed at this time but not exercised until a site plan is approved for subiect property. 3) The County Engineer and Planning Director shall review said site plan and make a determination that the dedications requested are, in fact, appropriate and necessary for the uses proposed. 4) If the above-mentioned site plan has not been submitted within a period of two years, applicant shall request subiect matter be granted an extension of time. S) Construction of curbing and pavement is not necessary until such time as the site is' developed, the exact time to be determined by the County Engineer. 6) If, after review of the site plan, it is determined by the County Engineer and Planning Director that certain revisions in the conditions of approval are appropriate, a recommendation shall be forwarded to the Board of County Commissioners concerning these revisions. 7) The applicant shall comply with rules and regulations of the Health District in providing for adequate sewage disposal. All necessary Health District permits shall be obtained prior to building permit issuance. 8) Mains and hydrants to be installed in accordance with the Spokane County Fire Marshal's requirements. , . _ . . ~ ZE-3 5-78 (contd. ) 9) A landscape plan showing specific detail and accompanied by a performance bond shall be approved by the County Zoning Administrator prior to building permit is suance . 10) That the provisions of SEPA's NotiGe of Action pursuant to 43.21c.080 R. C. W. and the Board of County Commis s ioners' Re solution #7 7-13 9 2 be accomplished by the applicant within thirty (30) days of formal action by the Board, as instructed by the Planning Department staff. 11) That a Final Declaration of Non-Siqnificance be signed by the Board of County Commissioners. 12) That, if after one year from the date of the Planning Commission's action, the applicant ha s not received final adoption of the zone change, the application is void. PASSED BY THE B4ARD THIS DAY OF 1978. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON. ~ HARRY M LARNED, CHM. JERRY C. KOPET ATT EST . M ~ + VERN ' W . OHLAND C1 the Bo By. Deputy - 2 .J'+. e w , ; * t STATE OF WASHINGTON ) ) SS COUNTY OF SPOKANE ) I. Nancy J Voermans, on oath depose and say that the attached is a transcript prepared by me of the tape recording of the Hearing held by the Spokane County Board of County Commissioners, October 2, 1978, pertaining to ZE-35-78, Agricultural to Commercial Said transcript is true and correct insofar as I was able to interpret the voices as recorded Naqcy J Voermans, Secretary County Commissioners Office . Subscribed and sworn to before me the 3rd day of November, 1978 Notary Public in and-for`the State of Washington, residing in Spokane h1y Commi ssion expires ,j - , 5 October 2, 1978 ZE-35-78, Agricultural to Commercial COMMISSIONER HARRY M. LARNED We will call the Board of County Corronissioners back into session for the purpose of a public hearing ZE-35-78, Agricultural to Commercial for Mr. Toulouse I believe Mr. Toulouse is appealing some of the conditions imposed on him in the findings and orders. We will have the Planning Commission brief us first and then we will have the appellant Mr Toulouse speak and then anyone wishing to speak against the appeal will be heard So planning staff, if you are ready MR JERRY LITT, PLANNING DEPARTMENT Mr Chairman, because this wasn't actually an appeal of the action, I'll just briefly let you know where the property is and what is going on and try to show some of the right of ways The Planning Commission voted unanimously to approve this action and voted in and altered some conditions the day of the hearing There were some mistakes in the original findings so when we get to the engineer's request, we will cover those First photo shows the general location. The dark strip to the right here would be, if I am not mistaken Pines and oh, excuse me, it must be Evergreen - Pines is in this area - Blake runs right up towards the point - that dark road in there Next slide is the zoning in the general location - as you can see on two sides fronting on Sprague that is already zoned commercial - Mr. Toulouse's property actually is just more or less a fill ih of the area There is commercial businesses also to the northwest of this site, residential office uses to direct north of the site. As the land use would show here to the west of Mr. Toulouse's property there is currently commercially zoned property that is not being used. There is commercial uses all along the east side of Mr Toulouse's property Also where it shows a residence in the northeast corner of the property that is a flower shop. It is a non-conforming use and one of the original intents of changing this zone was to allow a sign to be put up to identify that use and f - _ ~ • t ~ ~ Paqe Two ZE-35-78, Agricultural to Commercial Nr Toulouse at present does not have actual development plans for this site He just hopes to rezone it commercial so he can leave it open for commercial uses. Many of the conditzons that were imposed are to handle the types of uses that could occur in the comercial zone,which you see is blue on the plot plan, are areas or buildings that are now in existence There was at one time a dairy milk barn and a barn and, of course, the house is now a flower shop on that site Blake is the property to the right-hand side of the photo Conditlons - also the area - will you turn that other light off, too, Jim - property in question This is Blake - runs to the railroad and over approximately in this area and goes back up to Sprague This is the flower shop and these are the old fam buildings I be- lieve the basic conditions that were not in aareement with a1r Toulouse are that the applicant was asked to dedicate the east 10 feet which would be along Blake, the south 50 feet which is - would be an extension of Second Avenue which at present has right of way from t1cDonald east to this site - 50 feet and also 20 foot radius on both the northeast and southeast corners of the property and including slope easements for railroad crossing and improvements The applicant shall construct a 5 feet - 5 foot cement concrete sidewalk and curbs and pave right of ways. Orl- oinally, that said 5 foot curb on the findings, I don't think that we have many of those constructed in Spokane County,and the applicant shall obtain approval for on and off site drainage before issuance of buildinq permits The other conditions are basically standard conditions, mains and hydrants to be installed in accordance with Spokane County Fire tlarshal requirements The health district necessary permits and approvals need to be issued prior to building permits and a landscape plan show- ing specific detail and accompanied by a performance bond prior to the building permit issuance Now, even though he doesn't have specific site development plans at the present, when somebody does come in and either leases the property or buys it, we would like to see the landscape plan,and the last two conditions are those including the SEPA Notice of Action which is standard, and that if after one year r ~ ~ ~ • Y Page Three ZE-35-78, Agricultural to Commercial from the date of the Planning Commisison's action the applicant has not received final approval of the zone change that application is void. Also we did in a letter September 6, 1978, to Mr. Toulouse state that the only conditions required to finalize the zone besides the Notice of Action would be the dedications of right of ways. Are there any questions from the Board COMMISSIONER CNRISTENSEN I don't believe I do I'll find out what conditions that he doesn't want to meet, I guess JERRY LITT, PLANNING DEPARTMENT Ok, there is also a site plan in front of you i f you want to refer to that. COMMISSIONER LARNED Mr. Toulouse MR. TOULOUSE This is a piece of property that I operated as a stiock sales yard for 25 years prior to coming down with bad health The property is under the grandfather law - should be. I shouldn't even have to come in for comnercializing but I did, a commercial permit What I am objecting to is that 5 foot, it said curb, but I knew that they meant sidewalk, of course, I don't think that this is practical for that area. Now once a development goes in there there is a lot of these requests that I would have to comply wtth or the lessee would have to comply with. B1ake runs 8 blocks south and it runs 4 blocks north and it is already a 50 foot road beside me Their way of figuring - they are using that - they're taking 21,000 to 22,000 square feet of my ground without due process The extension of Second Avenue, I can see that what's the - there is a big development in there that will be a necessary road and I'd comply with that in our agreement. COMMISSIONER LARNED Mr. Toulouse, am I correct then in assuming that what you are objecting to is the 5 foot curb and sidewalk - construct 5 foot curbs, 5 foot sidewalk and curbing and pave the right of way to meet the existing pavement at the present time. MR TOULOUSE That is right, that's the only thing that I'm JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE And the dedication of the right of way, I think. ~ „ Page Four ' 2E-35-78, Agricultur to Commerclal , C4MMiSSIONER LARNED And you do not want to dedicate the additional east 10 foot either which would give you a 60 foot road MR. TOULOUSE. At the proper time, I know that that will have to be dedicated but I don't think this is the time to do it The property now is potential sales lot for RV vehicles or mobile homes COMMISSIONER LARNED Ray, any questions COMMISSIONER CHRISTENSEN Well, Mr Chairman, I believe that this appeal the gentlemen is indicating that he doesn't think that this should be implemented at this t1me. How do I say it? I guess I'm asking when do you think it should be implemented if you don't want to give the 10 foot or 20 foot - I guess that we are just talking on Blake, aren't we? MR. TOULOUSE Yes, we're only talking on Blake I would say that in the next 10 . years there could be a larger development in there The 10 foot now comes would go into one of my buildings - would take out a row of shade trees and personally I don't think now is the time for a big development of the property COMMISSIONER CHRISTENSEN. Well, I guess then Mr. Chairman, I`d have to ask the traffic engineer how he sees it at this time. JACK FINNEI(, TRAFFIC ENGINEER Mr. Commissioners, at this time we don't anticipate Mr Toulouse doing anything to the property. This right of way would be for future expansion of the road if and when he does develop the property. At tha t time then we would require on the building permits curb, sidewalk, and paving to go in At this time, he would not have to put any improvements on the property, because he is not doing anything to the property, it stays just as it is. The 10 foot right of way has always been necessary before the zone is finalized This happened across the street - it has been several years ago - when it also was zoned commercial - we got 10 foot off the west side of the property and also 60 feet for the Second Avenue as it runs from Blake on east. This has been a condition that we have imposed upon them On all commercials like this,too,before the ioning actually becomes finalized,to get the right of way at that time. We Page Five ZIE-35-78, Agricultur o Commercial won't bother these shade trees Nothi ng will happen It w, 11 Just come off the tax rolls. That is all that really happens out there at this time, unti l he comes in wlth deveiopments for the property,whether it is an RV as I heard mentione4 or some other business out there for commercial aiong wlth the 50 foot for the further easterly extension of what will be called Second Avenue east to Blake - this is the last piece between P1cDonald and Blake at this time Is there any other questions or COMMISSIONER LARNED Why is McDonald Road JACK FINNEY, TRAFFIC ENGINEER McDonald right now McDonald like Blake used to be a 40 foot right of way McDonald starting from Sprague going south is a mostly a 60 foot right of way I see one portion down south of the tracks for some reason we only picked up 5 feet off the east side. Most of what we know as Blake all the way down to 8th Avenue is 60 foot at this time - at least from 4th Avenue south because all of the subdivisions as they come in,we got additional 10 foot right of way So the only place along Blake from 8th north we are missing this 660 feet for 10 foot wide and also from the track down to 4th Avenue we also do not have the additiona] 10 foot of right of way and going all the way down to 8th Avenue for about looks like-- 200 feet on the west side just north of 8th we don't have the additional 10 foot of right of way making 60 feet So essentially it looks like about oh, 80 - 85 percent of the area is now covered That's just a guess,with a 60 foot right of way COMMISSIONER LARNED On the east side of Blake just opposite Mr Toulouse's property, is there restrictions there that that shall be curbed and paved curbed and sidewalked. JACK FINNEY, TRAFFIC ENGINEER I don't believe, I'm not sure about the sldewalk. I don't have that information I would almost be willing to say that it is curbed and sidewalked and paving requlred there also~uut I'm not sure if we were requiring sidewalks when this was done. I did not get in on this zone change myself,it was done a few years back P.age Six ZE-35-78, Aqriculturi- _o Commercial COMMISSIONER LARNED Could that information be made available to us. JACK FINNEY, TRAFFiC ENGINEER Yes, sir COMMISSIONER LARNED Do you have any further questions? COMMISSIUNER CHRISTENSEN Well, let's be sure that we understand what the developer sayiny Is that true that 1f he provides sidewalk and he's giving up 20,000 square feet or 22,000 sgu.are feet, I believe I heard him say that,and I can see why he don't want to do it. Now if he sells it to somebody else for coninercial for say $5.00 a square foot what is that,$10,000 I don't blame him either I wouldn't want to do it either Would it be that many square feet that he would be giving up JACK FINNEY, TRAFFIC ENGINEER It would be about 6,000 C4MMISSIONER CHRISTENSEN 69000 JACK FINNEY, TRAFFIC ENGINEER If he has a piece of property say 600 feet deep beeause part of the raiiroad I belleve at least 30 feet of that railroad if not all of the railroad came off that old property that was there,so it is about 600 feet deep by 10,so it would make 6,000 square feet on Blake. COMMISSIONER LARNED And how much a]ong the raiZroad track. JACK FINNEY, TRAFFIC ENGINEER Along the railroad track for the extension of Second Avenue I'm not sure how deep his property is I don't have the exact dimension but it looks iike we're COMMISSIONER LARNED Says 610 on this map JACK FINNEY, TRAFFIC ENGINEER That's 610 feet deep COMMISSIONER LARNED Yes, from Sprague to the property 1ine. JACK FINNEY, TRAFFIC ENGINEER And 10 feet from that would be 6,100 or 6,100 0r 310 on the back or 310 we have to remember that extra 10 feet we take off so we'11 just make it 300 square feet that's 15,504 square feet off of the rear and the side we've said 6,100 square feet and also one little radius on the northeast corner which would roughly take in additional,say 75 feet just ' guessing from trigs that would be roughly so altogether we're talking about 2I,675 i Page Seven ZE-35-78, Agricultura o Commercial feet. COMMISSIONER CNRISTENSEN Pretty close on his figures, then isn't he. COMMISSIONER LARNED That seems like a pretty fair piece of ground doesn't it, whe you add it all up. Under, I don't know whether you have the same sheet that we have, Jack, but this says County Engineer Office Special Findings that request the County Engineer's Office has requested that the following be considered if the rezone is approved Is this you have requested that it be considered you haven't said that it will be mandatory JACK FINNEY, TRAFFIC ENGINEER. This is common language that we use all the time because we can't we act as advisory to the Planning Commission we're asking them request this be considered and they normally have gdne along with our the wishes; not 1n all cases, but in most of them they have so we don't demand anything we're only acting as advisory to both the Planning Board and yourselves here We have more and more, this is, I believe this type of hearing may be coming up because of the requirements the engineers are making. In the past we have requested these rights of way and have they have been granted almost 100 per cent you know but imagine with land going up and up all the time it will be more and more money to the people looking at it This is the only method we have to get these improvements in or widen at some furture date if we don't get these rights of way then this would mean that we would have to at some future time in all zones start purchasing all these rights of way COMMISSIONER LARNED (Illegible) JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE At the price of land, that might be more accurate COMMISSIONER LARNED Do you have any further questions, Ray COMMISSIONER CHRISTENSEN Well, I hate to put legal counsel on the spot but for the traffic engineer but let's say that in approving this for commercial and that condition is not met and this gentlemen decides to sell that as a commercial site to someone else, can we or the Planning Commission require that condition from the other buyer? . Page Eight a ` ZE-35-78, Agricultur to Commercial JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE It is very difficult because the only action left would be the issuance of the building permit and we have never we have never considered that the Building Codes Director have the authority to require the issuance of or the granting of additional rights of way merely upon the issuance of the building permit Notably, when the zone change was approved within a very short period of time previous to that so I would say, if the Board is considering that, it should do so at this time rather than defer that decision to a later date. The only thing that I have some concern about is that if my figures are rough figures but we're taking a substantial portion of this gentlemen's property at values that may that are substantial if you value the you know the property alQng Sprague Avenue, it's very expensive, and it seems to me that we are taking 21,600 square feet of property that may be valued as high as 5-- $3 to $5 a square foot and although the back half of the property is not valued as high We can do so if we can say that that these rights of way are specifically and uniquely attributable to his development, and we can require the dedication of land, but they must be specifically and uniquely attrtbutable to Mr. Toulouse's development not just fit into some oYerall plan for road development, and this Board just simply may not use their authority to approve zone changes as a method of acquiring additional rights of way You must determine that the dedication the dedication of the land you are seeking from Mr. Toulouse is specifically and uniquely attributable The necessity for of the dedication specifically and uniquely attributable to Mr Toulouse's development. Otherwise, Mr. Toulouse hit the nail right on the head when he said "you are taking my property without due process of law" and that's just simply Article One, Section 16 and that is where he is I'm saying you do have the authority but I'm also saying on the other hand you must find that these dedications are specifically and uniquely attrlbutable to his development plans with the traffic that will be generated from his facility is necessary Obviously perhaps once he develapes that property I can see the necessity for access on Blake that's Page Nine 4E-35-78, Agriculturc o Commercial ~ more readily than it is a continuation of Second Avenue onward The difficulty Mr. Toulouse that we have is that you're asking the Board to approve of a zone change without having any development plan to know what the amount of traffic will be generated. MR. TOULOUSE I've told the Board that it will be for recreational vehicles and mobile homes sales lot it's ideal for that --garbled-- It is not practical at this time. There will come a day that to give them that 50 feet, but as of right now and garbled------- COMPiISSIONER CHRISTENSEN Well, what you're saying, Mr. Chairman, what legal counsel if I understand is saying to us is we basically, no question about it we don't have a basic plan to make a judgement decision whether this is needed in the overall plan Nowjust because a developer says that he is qoing to use tni s property for a parti cul ar use at this time he hasn't shown the Planning Commission nor has he showed this legislative body what his basic plan is Is that right legal counsel? JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Yes, that is a problem in this Board arriving at a determination of whether or not because of the use that Mr Toulouse wishes to make of the property that it is also necessary to dedicate the additional rights of way. I think that that for a high traffic for a commercial activity that's of a hlgh traffic nature this Board very we11 could conclude that it is necessary that it has addltional access rather than just the simply access that obviously would provide off of Blake or direct access off of Sprague---if the engineers felt that would be appropriate The only thing that I haven't heard from the engineers is that is that they feel that the dedication is necessary because of a development of a commercial development such as Mr Toulouse has proposed. What the traffic department seems to be saying is that this is just the continuation of an overall general plan and I think the law differs in our ability to require dedications merely because it fits into some general overall plan than it does in determining that the dedication is necessary because Page Ten ZE-35-78, Agriculture o Commercial it is specifically and uniquely attributable to Mr Toulouse's development This Board could go ahead and require Mr Toulouse to submit a development plan if it wanted to and require the zone change be developed in specific conformance to that development plan or an RV site if they chose to do so and could require if they determine that the traffic generated by Mr Toulouse's development necessitated additional access to McDonald off of Second and additional rights of way on off of Blake onto Sprague but I don't think that you are in a position to try and make that decision at right at this particular time COMMISSIONER CHRISTENSEN One more question, Mr Chairman, how wide is the street on Blake at the present right of way that the county has 40 feet 50 feet COMMISSIONER LARNED It is quoted at 50 COMMISSIONER CHRISTENSEN 507 COMMISSIONER LARNED Correct? JACK FINNEY, TRAFFIC ENGINEER Yes, the original 40 feet plus additional 10 feet on the east side to be picked with the commercial development so at this time it is 50 foot of right of way not equally off the cneter line it is 30 feet on one side on the east and 20 on the west-- . COMMISSIONER LARNED Mr Toulouse, do you have any plans at this time to,let's say in the next year or two years to put that into an RV site could it conceivably go into something other than an RV site. MR TOULOUSE Garbled-------- I have people right now that are interested in it for a sales lot for RV vehicles Garbled--------- COMMISSIONER LARNED And this you feel quite sure is what wi11 go in there it would not be something else MR. TOULOUSE Garbled--------- 1'll put my name on a piece of paper that's what I'm going to do with the property. I don't think that it's going to be used for a big development We're getting too many big development out there the way it is. COMMISSIONER LARNED Ok, thank you, Mr. Toulouse Do you have any more questions, Ray. a • Page Eleven ZE-35-78, Agricultural to Commercial COMMISSIONER CHRISTENSEN I gue!fi not Mr Chairman I suppose I shouldn't say it but it looks to me 1ikesMr. Chairman,that when we start, Legal Counsel,-- when the Planning Commission starts rezoning property to commercial without a basic plan it shouldn't be rezoned commercial until that plan is drafted up. Now we done it on one large commercial site in this county and in the future I don't think this Commissioner is going to vote for a commercial site without a basic plan. ' COMMISSIONER LARNED Is there anyone to speak against the appeal? MR DOUG RIDER Garbled------- I'd like to add a comment COMMISSIONER LARNED Mr Rider, MR DOUG RIDER I'm Doug Rider, Chief of Fire District No 1-- Spokane Valley. The only thing comnent I'd like to make the extension of Second Avenue west of Blake is needed for fire protection purposes. Eventually that whole area is going to be commercial He's talking about rezoning to commercial and it gives access for fire protection purposes on the back side of that property We have too many places really in the valley right now that we don't have good access to commercial property and extension of a street like this from our standpoint fire protection standpoint I think is necessary. COMMISSIONER LARNED Has this ever been brought up to the Planning Commission or Planning Staff at any time in the last four or five years. MR DOUG RIDER I don't know. I've been I was gone for a while and what the status is now I don't know. COMMISSIONER LARNED ----By shaking your head------ MR DALE HAYE Garbled--------- Not to my knowledge COMMISSIONER LARNED Not to your knowledge JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Mr Rider, let me ask you specifically, are you in a position to say that the extension of Second Avenue is necessary for fire protectionfor Mr. Toulouse's property or just merely for the properties back in that general vicinity? ~ ' Page Twelve ZE-35-78, Agriculturai to Commercial MR DOUG RIDER That would depend on what he builds there and what is built to the westgif it's Secand Avenue doesn't extend through then it can create problems for us for access to other commercial properties. JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Even though he would front off access off of Blake Avenue. MR. DOUG RIDER Yes, if we don't have access all the way through JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE To Mr. Toulouse's property you could come in off of Blake MR. DOUG RIDER Yes I JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Then you are saying that you would also need access off of McDonald? MR DOUG RIDER We might oh, another thing that should be considered in situations of this type the water company and the power company needs to loop their water systems and if they don't have an easement or street it makes it difficult for them to loop their water systems also to provide adequate fire flows and again we are back to the question what is going to be built on the property. COMMISSIONER LARNED So this probably should have been instigated say from Farr throuqh Bowdish to McDonald and to Blake all the way through Is this correct? MR. DOUG RIDER Yes, sir, in my opinion very definitely COMMISSIONER LARNED Ok, do you have any questions, Ray COMPIISSIONER CHRISTENSEN No questions COMMISSIONER LARNED Thank you, Doug Do you have any further words, Mr Toulouse? • MR TOULOUSE I think we're going into the area of assumption too much. The property west of ine has been zoned for 15 years and it's as it was 15 years ago when Mr. Postell bought it Now I agree with you, it's even if he would make a development and I wasn't in on the development I would still open that south 50 Page Thirteen ' tE-35-78, Agricultur( o Commercial feet to generate traffic off of Spraque Avenue again, but it doesn't seem practical to me to put all these restrictions on my Qroperty at this time and to sell to have a sales lot which I had out there for 25 years under the grandfather law I could have gone that way. MR. JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Mr. Toulouse, do I understand you to say that when and if the property to the west of you is needed, excuse me, the development to the west of you occurs MR TOULOUSE And needs my property---- JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE And that the extension of Second Avenue in the view of the engineer is necessary,you would be willing to dedicate that property MR. TOULOUSE I would concede to that definitely. MR JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Well, would you be agreeable then to making a dedlcation of it but it would only be exercised by the engineer's department when in their view they felt that it was absolutely necessary to complete the extension of Second Avenue isn't that what we are all saying then MR TOULOUSE That's what we are all thinking but there`s been a time that the engineer and I have a personality conflict. Ne talked about widening of McDonald. Well, they're going to make a 4 lane highway this side of the track and then narrow it down south of the track so I didn't go along with that. I said go on ahead and buy 5 feet or 10 feet from each so that you don't bring the people up and its klnd of a dip now I will say we've never had an accident there they did it the way I thought was practical and since that time we've had a conflict of personalities COMMISSIONER CHRISTENSEN That property west of yvurs is that zoned commercial now MR TOULOUSE Yes, I. helped Sam Postell get it all zoned COMMISSIONER CHRISTENSEN Is there a plan for that what they're going to put in there. COMMISSIONER LARNED They put the old highway bed in it. . Page Fourteen + iE-35-78, Agriculture o Commercial JERRY NEAL, PROSECUTING ATTORNEY'S OFfICE Is that does that MR. TOULOUSE We put Sprague Avenue in it JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Is there a dedication excuse me, . I realize there is a dedication,but was there a plot plan for the development of the property to the west of Mr Toulouses's does anybody here MR TOULOUSE From Postell's JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Yes JERRY LITT, PLANNING DEPARTMENT No, that was zoned without conditions It was zoned in two pieces, one in 65 the southerly most portion I have a feeling that's when the right of way for Second Avenue was dedicated because he didn't have access to the southerly portion to Sprague and the northerly portion was done in 1971 COMMISSIONER LARNED Mr Toulouse, would you like to tell us exactly when that piece off of McDonald going east was dedicated I think that is where your house sits now. MR TOULOUSE Yeah, that's where I-- that was in let's see I was over in w Seattle and I've been back here 6 years and that was about 7-8 years ago,and they came to me with plans to go to the rai7road track this wide and then go across the railroad track and then be that wide and I didn't figure with the dip and everything garbled--------------- distant sometimes you can't see the small cars and I think if you'll look at the traffic record that we've never had an accident there but they finally conceded and instead of condemning me, which they could have,we widened it for about 200 feet there,which gaye the people gave the people some where to jump. I've always been in the my way of thinking has been for the good of the valley. JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Do you know,Mr. Toulouse,does Sam still own the property to the west of you? - • Page Fifteen ZE-35-78, Agricultural to Commercial MR TOULOUSE Pardon, no, 6i11 Tombari owns it now JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Do you know what he what his plans may be for the development of MR TOULOUSE Well, he's just like any other person who owns a big piece of ground out in the valley they all have covered with blacktop and big buildings and personally I think we are getting too much of it out there a saturation of it JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Is that property being used now its just he would if something came along that he would be agreeable with then MR TOULOUSE That's right, that he would be agreeable with JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Well, would you at that time would you at that time be willing to have the property made avai]able to the county for roadway purposes when he developed it then , MR TOULOUSE I've said that I would dedicate the 50 feet the south 50 feet JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Well, when that other property to the west is developed MR. TOULOUSE When it is developed now I. don`t mean just put a little hamburger stand on it JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Developed and necessary or something to that light I'm trying I'm trying to arrive at something were we can kind of get off dead center here see we've had Mr. Haye from the Fire Department tel l us , or one of hi s empl oyees tel 1 us that, that i s necessary for f i re protecti on purposes,and the engineer is saying it is necessary when we develop the property as a continuation of that,and you seem to be saying the same thing,but you obviously do not want to give up the use of the property until it is absolutely necessary MR TOULOUSE I'm the one paying the taxes on it. JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE Well, it could MR TOULOUSE If I did anything with it I would have to let the man know that I've already dedicated . r~ . o ~ Page Sixteen - ,r- ~ A'- ZE-35-78, Agricultura o Commercial JERRY NEAL, PROSECUTING ATTORNEY`S OFFICE Al1 right, could we do this would we could does the Board mind my could we approve the zone change on the condition that you dedicate the right of way the 50 feet and that the right of way you would have the right to use the right of way until in the view of the englneer the development of the property to the west of you necessitated the extension of that right of way is that what we are all saying? MR TOULOUSE We're all thinking on the same thing. COMMISSIONER LARNED• Well, we will you have no further testimony today MR. TOULOUSE Only that lt does for any friction puts a problem but I've been assured of the garbled---------- JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE All rlght JERRY LITT, PLANNING DEPARTMENT That's what we found by the way. We called a couple of title companies to find out about the conditional zone changes and they said to their knowledge they've never had one yet that title was actually clouded by what was there. I think we found that case in Empire Homes out in the valley that the property can be sold without conditions being met. So the problem JERRY NEAL, PROSECUTING ATTORNEY'S OFFICE . I. think Mr. Toulouse has been around long enough that I don't think too many peoQle are going to pull anything over on him I don't think he's lost too many COMMISSIONER LARNED We I think should I should have made that point to start with and didn't that Commissioner Kopet is not here for this hearing. Before we render a decision Commissioner Kopet will listen to the tape and will visit the Site as will the other Commissioners and hopefully two weeks from today we will render a decision at our regular Monday Board Meeting We are adjourned / 78 1430 NO. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY. WASHIN GTQN FINDINGS AND ORDER REGARDING ZOIVING MAP PROPOSAL, ZE-35-78, AGRICULTURAL TO COMIvi},RCIAL: TOULOUSE WHEREAS, The Spokane County Planning Commission did, after public hearing on July 21, 1978, and continued to August 16, 1978, forward to the Board of County Commissioners a recommendation that the Zoning Map be changed from the existing Agricultural classification to the Commercial classification on property described as follows• The -£ast 330 feet of the NW 1/4 of the NE 1/4 north of C.M.St.P. & P. R.R. right of way, except the West 100 feet of the East 330 feet of the North 150 feet in Section 22, Township 25 N., Range 44, E.W.M., Spokane County, Washington. and, WHEREAS, The applicant before the Planninq Commission, M~. Dominick Toulouse, did subsequently request a hearing before the 8oard of County Commissioners to present evidence and testimony in favor of this application, and, WHEREAS, The Board did hold a public hearing on October 2, 1978, to consider the recommendation of the Plaruninq Commission and test#mony and evidence of the applicant and other interested parties, and, WHEREAS, At said hearing opportunity was afforded those favoring and those opposing the above-described zone reclassification, and the Board of County Commissioners fully considered the testimony given, the recocds, and minutes of the Planning Commission and all evidence presented, and having individually acquainted themselves with the site and vicinity in question, does hereby find 1) Tha t the Board of County Commis sioners uphold s the recommendation of the Spokane County Planning Commission to approve said zone change, subiect to findings and conditions as contained in the Planning Commission's minutes of August 16, 1978, provided that, a) Dedications requested by the County Engineer be executed at this time but not exercised until a site plan is approved for subject property. b) The County Engineer and Planning Director shall review said site plan and make a determination that the dedications requested are, in fact, appropriate and necessary for the u s e s propo s ed . . ~ (contd. ) ~ FINDINGS AND ORDER, ZE-35-78 TOULOUSE (contd.) c) If the above--mentioned site plan has not been submitted within a period of two years, applicant shall request subiect matter be granted an extension of time. d) Construction of curbing and pavement is not necessary until such time as the site is developed, the exact time to be determined by the County Engineer. e) If, after review of the site plan, it is determined by the County Engineer and Planning Director that certain revisions in the conditions of approval are appropriate, a recommendation shall be forwarded to the Board of County Commissioners concerning these revisions. 2) The Board also concurred in the Planning staff's recommendation that a Final Daclaration of Non-Significance be signed by the Chairman of the Board. . 1978. DATED This /3 day of 7L-,A~ BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON HARRY M LARNED, CHM liAV lAi=-IC . 1ERRY C. KOPET . ~ - ..rK ATTEST: , VERNON W. OH LAN D lerk o Board ~~aie By Depu ty . -2 - ~ l3El~ORE TIiE LOAkD 0: (,OLNiY C.OiItiISSION...~~ UA? S:OKAP124 COj3Nl~Y, 1IASiIII;Gr0i1 IN '1'HE IiA1TEd CONCEitNING ) `LONE P.ECLASSIa'ICA'rIOV ) ZE-35-78, AGKIGULTUitAL ) LNOTICE OZ PUELIC IIF.A:crIVG TO C0I1MItCLAL: TOULOUSE ) NOrICI: IS GIVEEN tl,at the Loard af County Cocnmissioi:ess of Spol.ane Couni.y, 4lashington, will hold a public heaiing at 1'A0 p.m., on Octobcr 2, 1978, ai. Cheic office in Ltie CounL-y Courtliouse to considex the a0bove-rMTtioned zone reclassitication on the tollowing descriUecl property. Section 22, Township 25 tIorth., Range 44 E.17 PI. The East 330 feet of the Ml 1/4 of the N:: 1/4 north of CJI SC.P.&P.R.R. risht o'L way, e.~cepC L-he West 100' oL the :.ast 330' oF Lhe horth 150' in Section 22. I30rICE IS kTKTIiEi GIVE:V TIiAT A topic cf disctA:.sion :.t Chis hearing may Ue wllether or not this proposal will have a significant adverse environmenLal impact. NOTICE IS FU1tTiMER GIVhN tha6 any person inteLested niay appeaz at said hearir►g and present testimony efther for or against the applicdtion zor the above-nientioned zone reclOssiticatioii. El' ORD OF TliL L'OAItD ttiis 31s t day ot Augus t, 1973. ' l1NOla 1.1 OI11.FiND r ~ CLE l7 IE I30Ar ~ - . by , sanne Piontague, Deputy G1^ Ic 7► _ 2 ~ ~1 p t ~ , ~'L ~M' AIE y y~i .1..t~ p~"' ~ t"r'~• ~ VA! ~~YwA vA LLE WAY ~ p • ' t _ _ p~ ix z ~ ~ T W AV ~ ' 14rN i Se~ iGr ru y~ < 'r~ rt QC W ~ RIVEFtStOE ~ Z u ~ _ vr s Ji SPRAGUE~I~►vE. ~ ► 1 9 W e'' 9 t J FiCEt N_ 23 . 0 a o . ~ cc / ~ _ _now + - - ~ ~ iI) AVE _ ~000 r~ ~ ej TA-0 4TM AVE ,--ti ,r-,-.,•.w.a _ ~P . . ,,,~k ~ Closwr T Q,' Q ~ •t T N • ~ J ~ ' ' Av E. 4 • • r a L - r•+ p 1 1 ~ C, Z I ~ Q~ Y 7T •,vE 7TM q ~ ~ M V, • oV ~ a Z > 1 S TN AvF uz~w t~ . _ . - - 1 ti6 / • ~ ! , . ' ..i . c AGENDA, JULY 21, 1978 'rLL.EPHONE NO.: 456-2274 SPOKA PLANNING COMMISSION T ime : F ciday , July 21, 1978, 1: 3 0 P, M. Place: Broadway Centre Buildinq, Second Floor ?OUE REG -ASSIFj A ION North 721 Jefferson Street, Spokane 10. 7-3 S-7A , Agric tural rQ -ommercial • a. Loca tion: Section 2 2, Township 25 N., Ranqe 44 , E. W, M. . The East 330 feet of the N1N 1/4 of the NE 1/4 north of C.M.St.P. & P. R.R. riqht of way, except the West 100' of the Ea9t 330' of the North 150' in Section 22. b , Applicant: Dominick Toulouse East 13418 Spraque Avenue Spokane, WA 99216 c. Site Size: 4 1/4 Acres d. Exis tinq Zoning : Agricultural, es tablis hed March 27, 1942 e . Proposed Zoninq: Commercial f. Proposed Use of Property: Retail Business q. Application of Zoning Provision: Chapter 4. 21 , Section 4. 21 .040 h. Environmental Impact: A topic of discussion at this hearing may be whether or not this proposal will have a siqnificant adverse environmental impact. 7 _ . . c. • t v ~ ! a ♦ ~O Av • a : r ~ z t~ ca' ~ VA i iC-Y W~ va L.L- Er' wAv ~ . ~ r. , • ~ - . ~ ~ i 2 . . W O t W M~w ~ ~ . o S~~ • s~1 < r..~.~..+ _ < • W ` A I v E R 5 IOE ~ ~ JT L 11S+p -~s ` P R G V EflI~►v E'. FiE. , N 4 2 1. ~o O • v E, 4TM AVE- iz'j . . - - - p ~ ~~'l/' ~ TM > T ~ ~ , ~ ~ AV E.. ? . . . ~ . r. m Lill 1n G ITh ° ~ Y Z Y 7T^4VE 7T.. A _ J u • o r Z > f ~ 6 TN AvE • ^ L ~f'_ . • ,t~. ~~414 - I I ~ ~ It 1 l:fl'iOI•' W:11 t)h:F.U ~f - - - - - - - - _...L~ ~F- - - - - - ~ ~ , - I\'1' ! l L•: !11:1'1"1' I:1 t~,1 t. i ~BLAKE ROAD h o. 1292 ! uN !jl' 't'1~t.til•' ~~c~•:~~'~7'ti, '1'~ ~a t Dominick Toulouse , I i hNuw AI.I. ME ku Id , hi s►%i f e, of' ttie Gotmty of Spokarie, iit tlic• State uf' IVas}iirioLi~n, iii coiisid(-raLioli oi' t1ie benet'its etid otl►er valuable eoiisiderutiotls) arid. ~ ~ tt i+ ~ ~,tm ut' One and no/100 . . . . . . . . . Uul l <<rs, pa IciJ}JM b v the County ot' Spokane, i t,f►o rec:eipt ul►treot' is huretiy uc•I:iiu►%lc,il,,ecl, have brwiCecl, bitrg<<icieci, sold ancl conveyecl, Fuui by these ; ~ NrE.~sf!r►ts do gr:uit., Lurbaiti, sell ruitl c.un%,ey tmtu said 5J►okmie Cuunt.y, the follo►ritb describecl parcel . uf' lutO, situute-41 iti SEx►I.auie Cutuit y, it► tt►e Statp of' IVasliington, to-►vi t: , ! The south 50 feet and west 10 feet of the east 30 feet of the east 330 feet of the ~ + Northwest Quarter (NW)4) of the Northeast Quarter (NW) north of the Chicago, Milwaukee ~ , St. Paul and Pacific Railroad right of way together with the following portions of ' said Northwest Quarter (NW34) of the Northeast Quarter (NEA) more particularly described ~as follows: All the land lying northeasterly of an arc concave to the southwest with a radius of 20 feet at the northeast corner thereof; the ends of said arc being tangent ' ; with a line parallel to and 30 feet southerly of the north section line and also being ; 's tangent with a line parallel to and 30 feet distant westerly of the centerline of ~ j Blake Road #1292, and all of the land lying eoutheasterly of an arc concave to the ~ northwest, with a radius of 20 feet at the southeast corner thereof; the ends of ~i said arc being tangent with a line para11e1 to and 50 feet distant northerly from ~the north line of the CM St.P & P Railroad right of way and also being tangent with a line parallel to and 30 feet distant westerly from the centerline of Blake Road , #1292. I ~ This conveyance is made subject with the understanding that Spokane County will not ~ utilize the lands herein conveyed until such time as they are deemed neceesary by ~ the Spokane County Fhgineer and a site plan, for permanent development is submitted i and approved for the lands described as the east 300 feet of the Northwest Quarter t~ (NW"A) of the Northeast Quarter (M) north of C.M.St. P. & P. Railroad right of way, ' Except the west 100 feet of the eaet 300 feet of the north 150 feet. All in i ~ . , ~ „ ! i St •4! t ior1 22 , Ioanship 25 Nortli, Niukge 44 , E.W.M. I '1'l► ItAVE ANll '1'(► t(o1(ll t}ip, srumo, iuito ti►e siticl tipokane County t'or the purposes of apublir, roa(! fur•evcr•. 1 ' Ir) witrless W116-1-cof' h<<~'o tlort•lulto sf-t ti~uul auul seul_ this ~f , .iu` u f' • (5f'.~) r t' , , ~ .y= TI li::l 111wit. Uf.' ti ~f" od b,y bW.... ._:tnd tlTid .1v . . ~ . _ _ I 7~~ I FILE ► t.~ ~"U.% A '-~f 4 , • _ 7HRE5zHOLQ QETERMINATIQN r o ~ proposed/final 4V4A)5 ~,t1a (siqnificance/nonsignificance Descri pti on of Proposa l:,~~/{l~ p" ps ~ ~N- t Snud F&e w el SuDp 9~ Ey 4! La A077s 2. Proponent: ConLaC~ ??r50n: Phone:!~ M ~j~ (;r~, ac-ion Reauested: _~Zone Chanqe; Prelfminary Plat Aocroval: Final Plat Approval; Change o` :ondition Other: zpi Ad~~ ~ • Tni p o osal has been determined to ~have a sianificant adverse impact on the env,ronment. An c:5 -s required under RCi1 43.21C.030 ,c . This decision was made after reviea by the rcunty ir a;,im- a ete environmental cneck?ist and orher inr^rmacion ofi =41P -ne '6aQ enc:. . ?esoon5ible Official: '-oposed Oeclaration: r~nal Jec~aration: ~ r' d1112 A-T NdfllE =ignature?o,4~~/ SionaLure 'itie ~ i Title iepartment Department C~ Ate 7-PW Oate ~ 1~ ~P . 8. For Declarations of Significance Onlv: Date of Expected Jraft L-I5 Availabilitv !determined bv qesQOnsicie 0f=ic'ai; 1 / Ddte of Issuance 70 9F COMPLE;ED BY RESPONSIBLF OFFICIAL: a. 5rief dESt?"DCi0f1 3nd '15ting pf 'hose °f1V1POfltii@nt3l impaC*_S lZddlflQ C sUC`1 :2rldY3l:i0't: 4-rtef exoianation or ,vnat measures, if any, ~ouid be _dkEn by ~he .ooiicant ~o ~rpvent r ~~~~ca=e 'ne enviranmenta] impact of the Rraposal to such an extent that the responsfb+e :3rficiai --ouid .onsirer 3 ray;;z,~ oroposai ~~vith a cossible +'esulCtnq decldration ot non5ior,ific3nC°: ~ ~ - .4 ►I fR4o J. WEf7NICK LAW OF FICES OF r-EOkG- L. MLOOD II9541 JANN J. O'1JR1tN tIo56► WETTRICK, TOULOUSE, LIRHUS & HOVE iAR1UBL J. WETTFi1CK llOtl91 SUITE 877 UEXTER HORTON BUILDING OfORfi[ J. TOULOUSE. JR. CLAqBNCE A. LIRHU6 SERT7LE. WASHINGTON 99104 : RALPH C. HOVE _ R. MICHAEL lTOCKINO (208) 823 • 7250 TERHY L. KUKUK FqEDERICK C. CANAVOR. JR. ' WILLIAM G. dPRINOER February 28, 1979 Mr. Jim Johnson volD C Assistan ' ~ t Zoning Rdniinistrator Spokane County Planriing Department 4 Public Works Building N. 811 Jefferson Street ~ Spokane, Washington 99260 °E~SPD~aN~'4C~~*La N1N~ P~►N Re: ZE-35-78 Dear Mr. Johnson: On December 12, 1978, our firm wrote to the Honorable Board of County Commissioners regarding their decision to allow for zone reclassification subject to certain terms and conditions. To date there has been no response to that letter and I have attached a copy for your consideration. The problem that our client, Mr. Dominick Toulouse, has with the conditions attached to the zonei reclassification are that they entail the dedication of a considerable part of the land which is being reclassified for which no compensation will be paid. At the hearing before the Board, it was clear that Spokane County does no t have a need for the property they want dedicated at this time and may in fact never have a need for this property. Certainly, it was clear that whatever need for the property may develop in the future it will not be related to the zone reclassi- fication and future use of Mr. Toulouse's property. The case of State Ex Rel. Myhre v. Spokane, 70 Wn.2d 207, 422 P.2d 790 (1967), stands for the principle that authorized city councils in establishing local improvement districts may require owners of property benefited by zone reclassifications to reimburse the authority fo r costs of condemnation necessary for the regula tion of anticipated traffic. In short the Supreme Court held at page 216 that: "Widening streets and installing electrical controls for the safety of both pedestrians and vehicular traffic are regulatory measures which are within the proper exercise of the city's police power. •4 L Mr. Jim Johnson . Spokane County Planlliny Departmeiit February 28, 1979 Page 2 . • ; When the city requires that the cost of such safety s_ measures be borne by the company, it is not bargain- ing away its regulatory police power but, rather, '"Srdetermining that the cost should be borne by the . persons who created the necessity for the expenditure of such funds, instead of by the city generally. Such a determination is within the city's legislative authority. It follows that a written concomitant agreement resulting therefrom is not ultra vires. Other jurisdictions have recognized that such con tracts are valid and are not violative of the right of the legislative body to exercise police power. Bucholz v. Omaha, 174 Neb. 862, 120 N.W.2d 270 (1963) ; §Ylvania Electric Prods. v. Citx of Newton, 344 Mass. 428, 183 N.E.2d 118 (1962); Church v. Town of Islip, 8 N.Y.2d 254, 203 N.Y.S.2d 866 (1960).11 The above decision was cited in Gerla v. Tacoma, 12 Wn.App. 883, 533 P.2d 416 (1975), which held that an application for a special use permit which created the necessity for wider streets, pedestrian walkways and other improvements created expenses which should be borne by the party seeking zone reclassification rather than the city. But in each of these cases one point was clear: the cost which was passed on to the party seeking zone reclassification was necessitated specifically by the new use which would be made of the specific property which had been reclassified. Judge Neill, in his dissenting opinion in the case of Chrobuck v. Snohomish County,, 78 Wn.2d 858, 480 P.2d 489 (1971), set forth the require- men ts for adding these conditions to the exercise of zoning power: "Synthesized, these cases express our recogni- tion that concomitant agreements may be valid append- ages to the exercise of zoning power. The indicia of validity in such agreements include: (1) The perform- ance called for is directly related to public needs which may be expected to result from the proposed usaqe of the pro ert to be rezoned. (2) Ful f illment' of those needs is an appropriate function of the contracting . governrnental body. (3) Performance will mitigate the public burden in meeting those resulting needs by placing it more directly on the party whose property use will give rise to them. (4) The agreement ' involves no purported relinquishment by the governing body of its discretionary zoning power." Chrobuck v. Snohomish CountY, supra, at 889. (Emphasis added.) 46 r Mr. Jim Jotiiisuii Spokane County Plaiin iny Departmeiit February 28, 1979 Pagc! 3 There is little question that the land sought from our client for dedication will not be required because of any use he or any- one else intends to make of the reclassified property. Accozdingly, it would seem improper to require the dedication of this property. If at a later time it becomes necessary to develop a public road through Mr. Toulouse's property due to the development of greater traffic which has expanded the public need, then it may be ' necessary to condemn part of the property, but there is no such : indicatior, at this time when and if that may develop and at that time our client would be entitled to reasonable compensation. ~ We would appreciate your advice on the best way to present our position to the Board of County Commissioners and any other advice or information you can provide us which would let us mutually reach a more equitable and desirable result. Thank y• .u for your attentioii to tliis matter. Very truly yours, WETTRICK, TOULOUSE, LIRHUS & HOVE ~ By~~ J Frederick C. Canavor, Jr. FCC/cmw Enclosure cc: Dominick Toulouse . ~ , , • F , • . - ,p t , ';,,;`~~I • . ' t~.. .i q. ~ ~ . . . ' t' • ~ e • : • lp ~ ~ . .~z • . ~ . j . . ~ .~•ti ' • . y - ~ '~'g~ ~ ` ~ ~ ~ ~ : i ~ ,v . 'i . Y't; n• ,i , . • , . ' ~ v . t 1. ~ or 12, 19•7V . ; . t. . . • ' ~ y , r d , ~ y.. • •y . :~i:Ul~~~~ 1.i3 '~~•~!:l~ (:c:'i?~G" :1:. ~11.~ '1'w , ~ i apoY. aiie. Cc-~'.111t;y C(-)ul: t.'c>>.Isc: r,1)o}:n r'..:'~ ~;a c,1A11c,;t0I1 C, 0 ' ' . ;Cc nt•.1 . ~ ►,1►~~ ;~r;~ir~~.-:~i.~.1;~ec~ r~-prcsentg Do;,inick x'oulouse. . : , .~r. ,,;~,c~-~1:~ tih~ clcci stc~n of tho 33o.~l'c1 af qc~I.t~~ty , {'t~..,:~i~•. o. -Vs1490 in tltQ fnllc~tvfnq narti.cii I arg. :;r.. "oul...-a~ e co->>-:1:oluis that he t••ould Le cii~it1Fd to 3i-lye crrant as a n<,it:ter. OL ta~,► 010 i•.hak i:lla Cottnty ru,d i.ts ro.-rd oi rr.s:ir,tx: ("t..~~ni:~si_c~•T1c~iS has 11o a~ltl:ov i ty to ci>»c:i.ti.on. ~ 1:~1~3 Y~•:.~)I1~: U~ t:~lt? :~Z~i1~Cr'~.)~ ~ll i1~1~:ii'~~)11 ~'iY t_;tl': t.1c~l.~; i1~~ l'1'• ~~t~U~Gi)~',E` . i:U 1Nli:%= (1 C:0 1t 1.Ci I:S 0£ .Z c1J'o.3t •a r%,'.? C,) F~l i S n ]"1~~ ro ]C' Ui') 1 1C pllrpo:~,oS 1Jj.tiloilt (:C'!'o-w•Ils.zi ion. T.te .;)2'C C)f l:llo c•;-AMoIl that the c;onditions as f:r,.i,ed t,,ould cle»y I-ir.. :'oulo,i:>u of his proi,.:orty toi tliout (lue proce ss o g law and. t}1(z. r(-)uiit.v is, i n~? Ly , U-ikinq the land it s4--c:hd to lt<<ve de•lic:.Ztelj, vi.nl.af.i.r.ky VOt;I1 the fe(ln.ral constii:i.itiotl anci the state cor~si:it_il 1-.ion.r 1-.a t:et I :~i-np1}~, ft 3.s a c;~~2~,]i-*;n.ztiQn ~:•it}:nut P~~ym~~t~t ~1~~ it i:~ tl~~e c:ld "eticl:-and-cnxrot" v.ethod af extrilctfng frorr. a for r»ik.lic pLirposes his piovw-?-ty wi rhout pr-j)(jnj>>it t!:Wr_p_FOr itl a11 asi,rnipriFlt@ co31c?c?rIl.'1f:1('?il pl'rl('c?C~li11g. j;X. TqUlntil.^:C iS ac:ceptable to rozone wit:h(>>it the c:om! fti.nns attielied Lut jze will riot accept the c-c,n.lltlnI1`3 afitai:hed to t'.:e rezone L-ecause, in our judg:.~ent, tlley aie tt-iriraiaou>>t to a taking oll! his propert;► witliout ciue nroc%:--.-ss of 1ai:*. ' tinless soTne araanRenimt is recriched, . trie clccis-ion of ttie noard will be appPaled to the .11'pokane Coiinty, ~5t~;:erivvc Cottr* c)r a Oirect action shall Lc: to compell . ,Zoniiiq v:ithout the ai:tach-ment of the conditfc>»s. . At the hear. inq betore the I3oard, it is clc.-ir from the . cc>>--►me:lt3 of c:ounsel for the ]3oarc', of County Co: aniss ioncr4, a t•sr. i1ea1 a(,r~io-s with Tol:1ousP's poaitinn. ;_i• . -~;af w' t • . ~i~.~ . • . , .e ~ ' q . • 1 • ' , ~ •r' } , ' ~ , F • ' r ~ , ~ . . , • ; . „ r ' ~.1~~ yy • ' ~ ~ '~7~~ r • ' ! y "if" r ; ~ rs ~ 2,, 1 i ~ C7 • ~ ro;~: ? ~1 T' l';~ l: ~a Q _ ♦ . 1 ~ kK . ~t. t C± i ' j. ' . _ . . . . ~ , . • - . ~ . . . . _ . ~ . . ; h ~ ' . ! . ` i j• uL)Ui Alii.l`}; .nl)1l~(111.~"►~ t:ll(: otit'Ilel^ %'•')lf) 3."ectue:at.l3d , ' r ~ c f i or*r tll~~it tlti~. 74-:>> : ll Z ~ 0ll fih._ I:id UC c:han as.Sk-i(.t1l.-:1»-al to .conPla3.ricd to the `'1.~►~ . 1~~~ C',-,,ia,',~ ~-1i:~:•.i~~-~er. s t.hat tl:r_ actinn t") ' :iAnc; :ly l.ind witlloiit c?l1e proce:=,a.' , , ,tI-► Ly the ~:c~;:►t,,i:~qlor:et"g1 r~ r.c~(.1 ci. clo it .i f t:he nr_eci fnr ttie rt(jhts ' ~ of_ t-,,,y i s .,~,'-i i" i.:.-r 11 yan,] un iclUely stti:i ibu l;able ~ ta the Tr.►litc,t:.c doxreloplw»t-. 6i:hP,rwise vou t-ire l-akfilg ],3.s ,,-roporty Without (1iie nroco:is,' lie kold r3ranoy .a»d Llin, f;C•):Jn1sS.Lfa11l?r9. ' ria),,cy c':y~<:i►~:c~~1 tlie request, se-tying, 'This is tlle only noL-ho~~ ~.,7e have to ryet land for expan- sion nf ricrhts of <<,ay, otherwi3a we will have to Luy it.' l'.ut 1:e.z1 quC$t 1one?tj f_he pr.3ctfce which in the `c`o:Aou~~ case. woult-? t::ike a'substiintia1' ror. ~1,--7n o` t:-se nroperLy i:•rich nay hP k*orth $ 3 a q;uare foot. ?'e :~clvi~~:cl the co):rr:issioners that 'you ca»'t . t:se your atithority to anPtova zona chnnqPs to V . acruir.e .rir-hts of way. "For Riqht of 104y LAnc1o%-,ner Protests Plan," anokane *`.c:viQw, netohex 30 1978; -~~~',~:'::~~f . . , . . Y .,.~i,• . •_~_.y•~~ ~'•r , Tltis latter will give yrnu not ice of anpnal of 0:a Doard' sdecision to the apokane rounty Superior Court. . lvo1zld , appreciate yoiir advising us in the premises. Very truly yours, . ~-t:T•.TTRIt+K, TOULQUSF, LI RM1S ti I1OVE - - . : . ; . , By ' . - Georc~o J. TOulouse, Jr. . . : . ~ . .a . GJT/vlv . . . ' x.',.,.. cc: Dotninick Toulouse . . . . L, . . . ` . . s • " , . . _ • , . . ' . ~ 1 . . . . 4 ~ . . ~ ,t ~ 5 ~ ~ttC E i14 fE 0 ` FE6 2 G WJ East 2720 sinto Avenue Spokane, Washington 99202 G4t1NTY CO!►'M,fSSIdAW February 23, 1979 Boarn of County Commissioners Sookane County Courthouse Spokane, ~•►ashincton 99201 Re: Ordir.snce ::o. 78-I490 Findincs and nrcier re-garding L"oning r:ap Proposal ZE-35-78 Ayricultural to Com:,«:rciai: ouiouse Gentlemen: Reference is r.made to the above zoning resolution passed through your office on November 13, 1978. I have been advised and informed that Thrifty rlobile Homes has executed a lease with Dominic Toulouse for 15 years to develop property covered by the subject resolution. > I also have been advised that Dominic Toulouse has not ` complied with the conditions 1(a)(ka) (c)(d) (e) of the attached resolution. As a citizen and adjoining property owner, I request and demand that you forthwith require Dominic Toulouse to comply with tlle terms and conditions of your resolution No. 78-1490. It is imporc.ant ancl irnperative to me that you enforce these conditions as I own the property immediately to the iaest and unless the roads are dedicated at this time, there wi 11 be a dead end street and probler.is that wi 11 clevelop in the future. It also appears that failure to dedicate the road at this time does violate the spirit and intent of your reso- lution. y I am, therefore, requesting that you commence the neces- sary proceedings through the civil department of the Spokane Prosecuting Attorney's Office to enforce the conditions of your resolution imnediately. - ~;.Flease=:~advisa~ Thanks for your cooperation, Very truly yours, , n~•~~ tlilliam A. Tombari '.:AB.lk _ e.pc.mb.r 6. 197 e Mr. Domiaiak Toulouse South 123 MoDoneld Road Spokane. WA 99216 Dear Mr. Toulouse: Res ZE-3S-7/ ln reply to our telephone oonvwsation oi Septomber 6. 18 78, I hsv* coa- iinaed that your property titl• ls aot "olouded" by tho aond ition• pleosd on tbo sonis reola asifioa tion oi your propwty. ?b• iollowinq ar• •peaial fitrdinqs and oonditions as aawnded durinq the hearinq on Auqust 16, 1978: n) Th• County En4ineer'a 4ffias ha• reqwsted the followin9: Nat,ac A11 requirod impravemwt• stiall be built ta most or exoesd aaintmum CouAty conotruotion standatds. 1) Appiioanc •hall dedioat• th• Bast 10' and the South SO': 20' radiua on the NE end SB oomara iACludiA9 aeoeaaacy alo➢a •aseeent ioc csilroad oro~sUp lmprovenoat. Z) J►Dpliaaat shail construat a' aovAat conarete sidiwalk, vucb*, and piw riqht• oi way to meet wdotfng paveamt. Applicant ahall obtain appraval tor on and oIt-sits dratnaqe plam and acaoss pernaits boton lssuanoo oi building pennits. b) ?he appllcant shall oomply with tule• aad tvgulations oi the Hsalth Dlsttict !n provLdinQ for adeqwt• •ewaq• disposal. All nocessacy H"lth District permits •hall bs obtalned priar to buildino pwmlt isswnce. o~ Msina and hydrant• to be instailed fA aaoandinoe with the Bpokane County Ffn Marshel'a requireeaents. d) Tbet a Final Declaretion of Nas-8iqaiiioanw be •iqned by the 8oard o[ County Commiss ionwo. 0) A lendscape plan shawinp •pecitio detail and •coompanisd by e poriorasanoe bond •hall b• apptowd by ti~e Couaty Zonlnq Adminlmtrator pciar to buildfnq poraut !sauanae . . ~ ~ Mr, Dooninick ?oulous• - Z- S~pt~o~b~c 6, 1978 i~ ?hat the provislon• ot 8Et11'• pucsuaAt to 43.21o.OB0 RCW and the gosrd of Caunty CoamissioMts' Resolution #77-1392 be aaoompllshed by the aoplloaAt within thlrty (30) days oi iorau1 aatioo by the ooard, a• insuvated by the Pisnoiaq Depactnaent statt. q) ?hai, tl atter one y"c b+on the date ot the Planninq Commiselou'• aotion, the appliaant ha• aot rwmiwd tiaai sdoptiaa oi the sane ohanqe, tho •pplioatiou votd. Pleas• aote that the only canditiaa• nQuind to finallse the sone raolassitiaatioe arri a) i. (Applioant •hell dedloat• the lsat 14' wrd the South 50'= ZO' ndiu• on the NE and 89 cornerat inaludLnq nweseary slope eaaeaeAt tar the railroad croaainq imprarveseat). Tb• proper torms an avallabl• in the Couiaty Enqirsost's Otfiae. ?he otlNr condltians plaoed aa the sone roclassiftoation will have to be lnoluded in ariy future devalapaent plan• pRiar to roooiviAq the appropriate buiLdinq pennito. It yau have aAy Questloas nqardbq Zt--36~78, oc altemativoi. Y+ou MY pusote, fNl trM to oall. 81AOerely. JIDri ]OHNBON Assistant Zonlnq 11d'niniatrttor 1T:amw co: twry Licc jaok Ftnney - ZE-35-78 - AGRICULTURE TO COMMERCIAL - DONINTGK TaULOUSE I. FINDINGS OF FACT. a} Land Use: 1. Site: Fiawer Shap & Residence 2. North: Single Family Residence and Real Estate affice 3. West: Vacant 4. South: Single Family Residence 5. East: Carpet and Furniture Stare b} Zane Classifieation: l. Narth: Agricultural Suhurban 12/3J57; dnd Residential Office 2/22/73 2. West. Commercial and Residential affiee 3, Svuth: AgricuZtural and Residential flffice 4. East: cormercial and Residentiaj Office c) Regional Comprehensive P1an - 1968 The Rlan Map has designated this area as apprapriate for Residential Development. II. SPECIAL FINaINGS: a} County Engineer's Office: The County En.gineer's Office has requested the follawing be eonsidered, if the rezane is approved: N o t e: All required imprvvements snall be built to meet or exceed minimum County construction standards. i. Applicant shall dedicate the East 10' and a20' radius on the NE carner and the SQUth 50' (fLr slQpe easement). , 2. Applieant sha11 cvnstruct 5' curb~sond pave right af ways tv meet existing pavement. , . • . , 3. Appiicant shall Qbtain approvai for on and off-site drainage plans and access permits before issuance af building permits. b} Spokane Count,y Health District: The applicant shall compiy with rules and regulations of the Health aistrict in providing for adequate sewage dispasa]. All necessary Nealth District permits shall be obtained privr to building permit 1 SSuaT1Ce. c) Fire Protectian. Mains and hydrants to be installed in accordance with the 5pokane CQUnty Fire Marshal ` s requi rements. _19 _ . MINUTES Auqust 16, 1978 4. _ • KQEIAERL. (cantd. ) . drafnage Plan befvre issuance of bui}.dinq permits ".(Mrs . Byrne rnaved , Mr, Culler secondeal. Vate was unanimous. ) ~ . ZL-35--7$ . AGFtI ,C,QMMERCIAL. TOULQIJSE (continued fram P.lanning Commissfan's July 21, 1978 hearinq,) That the zvne reclassification request (File Numher ZE-35-78) be approved, and in so approving, adopts the Staff" s findings as khe Planning Cvmmission's Findinqs of Fact as well as the canditions stated in the Staff's findings, and that a Fi.nal DecZaration af Non-Signi,ficance be issued; and the following additional conditian, that the applicant shall dedicate 10 feet af right af way for sidewalk and curbs an Blake Road; and that Condition "b" fn the Staff's Findings be delet+ed as well as deletion of the request from the Caunty Engineer's C)ffice f4c 5' curbs.(Mr. Quiqley moved, Mr. Main secanded. Vote was unanimous. ) 6. Tapics of discussion included zoning of large deveaopments and- implementation of the Hearinq Exam#.ner C]rdinance. Planning Staff Present; Dayharsh, Davis, Litt, Blanchand, and Wesche. Prvsecutoc's Office: Emacia, Engineer's C3ff#.ce: Finney. DATED THiS 24th DAY t7F AUGUST. 1978. By: Myrth Blanchard Chris 'VVesche Recvrding Secretaries ' For: Ted McCoury Planninq Commissivn Chairman Fred L. Dayharsh Plannfng Directar . _ MINUTES July 21 , 1978 12. ZW-73-78, AG2ICUL.TLjRA_L. TO RESTRICTED INDUSTRIA .AN,12 RESIDE,jY,TjAL QFFIC E: TRI-R-CO _ .INC _ That the zone reclassification request (File Number 2W-73-78) be approved, and in so approving, adopts the Staff's findings as the Planning Commission's Findings of Fact as well as the conditions stated in the Staff's findings, ana that a Final D-aclaration of Non-Significance be issued; and to delete thH requirement of the County Engineer's Office that the applicant shall dedicete the North 14' of the advertised property for right of way. (Mr. Quigley moved, Mr. Kennedy seconded. Four voted "Yes' ; two abstainad from voting, Motion carried, ) . 13. ZE-71-78 , AGRIC UL.TURAL S JRURBAN TO R SIDENTIAL QFFICE; SYKES That the zone reclassification request (File Number ZE-71-78) be continued to a special hearing scheduled for August 16, 1978 ,(Mrs . Byrne moved, Mr. Quigley seconded. Vote was unanimous.) 14. ?E-141-77. ACRICULTt1RAL TO COMMERCLAL: KOFMEHL That the zone reclassification request (File Number ZE-141-77) be contirtued to a special hearing schedule for August 16, 1978. (Mrs. Byrne moved, Mr. Quigley seconded, Vote was una►nimous.) 15. 7E-3 5-78 . ACRIGtTI.Tt1RAL TO CQMiviLRC'I,AL: TQtILOL1SE That the zone reclassification request (File Number ZE-35-78) be continued to a special hearing schedule for August 16, 1978 .(Mrs . Byrne movred, M► . Quigley seconded, Vote w3s unanimous.) Planning Staff Present: Litt, Johnson, Horobiowski, Fergen, Wesche, and 81a,nchard, Engineer's Office: Finney. Prosecutor's Office: Emacio, DATED THIS 27th D,W OF JULY, 1978. ~ By: Chris W~asche Myrth Blanchard Recording Secretaries For: Ted W;Coury Planning Commission Chairm•3n Fred L. Dayharsh Planning D irector -8 - . . v ~,~5 SPOKANE COUNTY PLANNING COMMISSION APPEAL REQUESTCO~~`~iii cU~,IS(ONERS r a Your name: Date: Address: j- " ---t--~ v Phone No : on Action Being Appealed ~ J~ ~ ~~t L ~ I. D. rlLlmber ,7 Date of Action . Signature Your Reasons for Appeal: ~ . ~ ~ / - _ ~ r= ~ • ~ 4~ F ~ i ~ - ~ • ~ 98-574 • 2/_19_7FNU 125 f . ) AY TO 'ttlF -nRDER OP I.A. Il 5 H ~ TM/S , VALL ORANGH a 9'FARMERS & MERCHANTS I3ANK 0/ I~OCK/ORO ~OPPOR7VNITY.WASHINGI"ON of: 12 5 Lif'O 5? 4l; r- i . . ' ~ • f, • s` ; =r• , j. • ~ ; ~ ' ' ~ ' 4 1 • _ , ~ . ..^t • , ~r*'" i p :r ~ =i ~ ' ~ _ _ . , - - . ' -a-.~ _ ~ . ~ A _ ~,>z. - •;.y ~1 r ~~'?~~'t: ~~s-. . ' ' - ne- - 000, / ~~v • ?f . 9 S ii . f~ . , - - . >i ~ ~ ~~7- -m. Iv kt.* " . J4 .0, ~ ~ ~ . : Y ~ .r~ r ~ ~ ~ . ~ ~~~Y•: . _ . ~ . . r , ~ . ~ , f i' : _ _ ~t , ` , . , ~ k.ti~ ~ ' ~~c'a . ~ K _ _ _ _ _ pk. - e - . 'r'~ - ' _.~r* _ , ~ ~ . . . ~r v-~ . . . _ . . . ~ - "1 ~ _ , ~ Y ± `t. tA r 1 ~ • ~ , ~ , . . - - ' / ~ ~ • ~ ' ~ ~ ~~~a`~i~~~~~ IL ~ • 'A::~~ )g • , t ~ ~ ~ ~ ' r r~ F~~ ~ ~ ~ ~i - ~ R ~I ~ ` ~Y I ( . ~ v ~ ~ I ~ , , 1 ~ • • _ ` - . ~ . ~ . l .1 e~`..., t . ~ r „ ~ ~ _ ~ ~ . -t - - ~ I " ,y - . - - ~ ~ - ~ _ _ - .ao~'. : 7 : r r ~ ' s rt ~ - ~uawuTE +~xP►A ~ , . • . . ~ ..-r..+ , ✓ . 'w ~yw . , ~ . ~ R ~ . • ° } C°r ~~I i ,x , Yff ~ ~<<~' FRED J. wsTTRtGK LAW !DFFICES OF C,F£7RGE E. FLQQL7 (1934) rvxN J. v•sRIEtv c1956a WETTRICK, TOULOUSE, LIRHU~ & HO!.JE SAMUEL J. wE1'7'RtCK tis68) 5L7{TE 677 QEKTER H(7RTON E3UILQ4t4r= Grz4Rf'+E J. TC7fJLOUSE. JR. CLAF2ENCE A. L[RHl1S SEA'T'TLE. WASHIRIG7ON $8104 RALPH C. FiQYE R. hi1CHAEL S7C7CKINCi TERRY L. KUKUK (206) 62$•7250 FREbFfi21CK C. CJ#NRVpR..1Ft. WILLEAM G. BP€tINGER , Feb~ruary 2$, 1979 ~ Mr. Jim Johnsan A ~ ssxstant Zoning Administratar Spokane County Planning Department UD F11b11G WDrkS $Lll],.dlng N. 811 Jefferson Street Spokane, Washington 99260 P Re: ZE-35-78 Dear Mr. Johnson: On December 12, 1978, aur firm wrote ta the Honorable Board of County Commissioners regarding their decisiQn ta allow for zone reelassificatiQn subject to certain terms and cvnditions. To date th.ere has been no response to that letter and I have attached acopy fve your consic3eration. The probSem that our cli.ent, Mr. Dominick Toulouse, has with the conditions attached ta the zane reclassificatiQn are that they entail the dedicativn of a considerahle gart of the land which is being reclassified far which no compensatian will he paid. At the hearing befsre the Board, it was clear that Spakane County does nat have a need for the praperty they want dedicated at this time and ma,y in fact never have a need for this property. Gertainly, it was clear that whatever need for the praperty rnay develop in the future it will nat be related to the zone reclassi- f ication and f uture use of Mr. Toulouse' s property. The case of State Ex Rel. Myhre v. Spakane, 70 Wn.2d 207, 422 P.2d 790 (1967), stands for th.e principle that authorized city councils in establishing local improvement districts may require awners of property benefited by zone reGlassificatians to reimburse the authflrity fcar cvsts of condemnation necessary for the regulation of antieipated traffic. In short the Supreme Court held at page 216 that: "Wia.ening streets and instal.ling electrical controls for the safety of both gedestrians and vehieular traffie are regulatory measures which are within the proper exercise of the city's police pov,rer. t Mr. Jim Johnson Spokane County Planning Department February 28, 1979 Page 2 When the city requires that the cost of such safety measures be borne by the company, it is not bargain- ing away its regulatory police power but, rather, determining that the cost should be borne by the persons who created the necessity for the expenditure of such funds, instead of by the city generally. Such a determination is within the city's legislative authority. It follows that a written concomitant agreement resulting theref rom is not ultra vires. Other jurisdictions have recognized that such contracts are valid and are not violative of the right of the legislative body to exercise police power. Bucholz v. Omaha, 174 Neb. 862, 120 N.W.2d 270 (1963); Sylvania Electric Prods. v. City of Newton, 344 Mass. 428, 183 N.E.2d 118 (1962); Church v. Town of Islip, 8 N.Y.2d 254, 203 N.Y.S.2d 866 (1960)." The above decision was cited in Gerla v. Tacoma, 12 Wn.App. 8831, 533 P.2d 416 (1975), which held that an application for a special use permit which created the necessity for wider streets, pedestrian walkways and other improvements created expenses which should be borne by the party seeking zone reclassification rather than the city. But in each of these cases one point was clear: the cost which was passed on to the party seeking zone reclassification was necessitated specifically by the new use which would be made of the specific property which had been reclassified. Judge Neill, in his dissenting opinion in the case of Chrobuck v. Snohomish County, 78 Wn.2d 858, 480 P.2d 489 (1971), set forth the require- ments for adding these conditions to the exercise of zoning power: "Synthesized, these cases express our recogni- tion that concomitant agreements may be valid append- ages to the exercise of zoning power. The indicia of validity in such agreements include: (1) The perform- ance called for is directly related to public needs which may be expected to result from the proposed usage of the pro ert to be rezoned. (2) Fulf illment of those needs is an appropriate function of the contracting governmental body. (3) Performance will mitigate the public burden in meeting those resulting needs by placing it more directly on the party whose property use will give rise to them. (4) The agreement involves no purported relinquishment by the governing body of its discretionary zoning power." Chrobuck v. Snohomish County_, supra, at 889. (Emphasis added.) Mr. Jlm JohnSdn Spvkane County Planning Department February 28, 1979 F age 3 There is little question that the land sought frorn our client far dedication will not be required because of any use Yie or any-- vne eTse intends to make of the reclassified property. Accardingly, it would seem improper to require the dedication of this groperty. . If at a later time it becomes necessary to develop a public road through Mr. Taulause's property due to the development of greater traffic which has expanded the public need, then it rnay be necessary to condemn part of the property, but there is no such indication at this time when and if that may develop and at that time our client wauld be entitled to reasonable compensation. We would appreciate your advice on the best way to present Qur position to the Board of Cvunty Commissivners and any ath.er adviee or information you ean provide us which wvuld let us mutually reach a more equitable and desirable result. Thank you f or your -attention to this matter. Very truly yours. WETTRICK, T{]UL4t3SE, LI RHUS & H4VE By Frederick C. Canavor, Jr. ~ FCC/emw Enclosure cc. Domi.nick Toulouse 1=01:0l"cl}.AC: TOa?'CZ o? L.O11Iity Co. ..•~1:~:~1c;,i~~I' Spokane County Court j'ouse Spokznne, ',7asnington 99260 The undersigned represents Donfnick Toulouse. X. Tr.,ilouse appeats the decisi.on of the Doar.cl of County ,.,-,;<-.:;,)por;; 731490 in t?:e ro].1o<<*inrT par.ticill,,r.r, i.l!at `I(-, I•-ou1d l:)e ca„titlcc! to je Rrailt as a rnai:ter o£ Iaw anc3 that the ('oiinty anci -i.ts 3oar.cI of ro,_iiztv Co:nr^.issieners has 1zo autr.ority to conditi.c ; ~?ie rez.onP of tlie pr_n»Frty in quesl_ion by co;-tnollinct Mr. to ma}:c cledications of a gr.eat area of his land for public purposes witliottt cempensation. I•'e are of the opinion the eoiiciiLions as fraMed woulc.l (Teny I•ir_ . Toulouse of his p-. ~,Yithout c3ue process of law and the County is, in ef Fect, hy taking the land it seekr to hzve c3e ; icated , violaf.ina hoth the federal constitution and the state constitution. State : ::.impl}►, it is a conderznation u-ithout pay:;ient and it is the cld "stic3:-and-carrot" met}lod of extr-cicting from a citizen for puLlic purposes Iiis property without pay;nPnt therp-f.or in an appropriate conc?eMnation nro6eeainc,r. ?.tr. Toulouse is acceptable to rezone without the conditions attached hut he will not accept the conditions attached to the rezone becalise, in our j udgrient, tliey are tantamour_t to a taking of his property wittiout diie process of law. ' Unless sorcte araanqement is reached, the decision of the Board will be appealecl to the SPokane County Superior Court or a (lizect action 5ha11 be commeneed to compell zoning v: it~~out the attacliment of_ the con(?ifi ions. 71t tl-ie he4rinn bezore the Poarc3, it is clcar from the comme::ts of counsel for the I3aard of County Commissioners, a r'r. ':ca1 aRrees with To,_i?nusP's position. * ' . I?onorable i oard of Co«nty Go;n.riissioners DecemLer 3_2, 1978 Page T`:To "Dominic}; Toulouse, the owner t,,Iio reqtiestetd that the zoning on the land be chanc;ed fro-m acrricultiaral to corunercial, corlplaincd to the Spokane County corrumissioner. s that the action amounted to `takinq my land without clue process.' Jerry Neal, lenal chunsel ror the conmis4ioners, agrced. ' You can c7o it if the need for the rights of way is specif ically ai1d unicruely attributable to the ioutousc dE?VE3lnp?'1C'Ilt. 6thPY'W1SP_ voL zire takinq Izis pzoperty without (iiie process,' li-e tolcl Finney and the corvmissianers. Finiiey c3efended the request, saying, 'This is the only method we have to get land for expan- sion of rights of way. Otherwise we will have to buy it.' Put ISeal cruestioned the practice tahich in the Toulouse case would take a'substantial' portion o` the prnperty which may bP worth $3 i-<a 8; a sc;uare foot. I',e aclviscd the cor:rr.issioners that 'you can't use your authority to anprove zone changes to acruire rinhts of way. "For Riqht of ?••ay Lan0oi.-ner Protests Plan, " Spokane I'.ev3.ew, nctoher 3, 1978. This letter will give you notice of appeal of the IIoarc3' s clecision to the Spokane County Siiperior Court. t•Je votild appreciate yoiir advising us in the prenises. Very truly yours, _ t:'I:TTRICY., TOULOUSF, LIRIdUS & I?OVE By - George J. Toulouse, Jr. GJT/vlv cc: Dominick Toulouse • : NO , 78 16,z) BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON, ZE-3 5-78 ) ~ IN THE MATTER OF CHANGING THE ZONING ) MAP FROM AGRICULTURAL TO COMMERCIAL ) RESOLUTION ON PROPERTY LOCATED IN SECTION 22, ) TOWNSHIP 25 N., RANGE 44, E.W.M., ) SPOKANE COUNTY, WASHINGTON. The above-entitled matter coming on regularly for hearing before the Board of County Commissioners of Spokane County, Washington, on this day, and it appearing to the Board that the Spokane County Planning Commission has qiven due notice of the hearing on the matter in the manner and for the time provided by law; that said Planning Commission has held a public hearing as required; and that the said Planning Commission concurs in the plati to zone the following described property as • COMMERCIAL The East 330 feet of the NW 1/4 of the NE 1/4 north of C.M.St.P. & P. R.R. right of way, except the West 100 feet of the East 330 feet of the North 150 feet in Section 22, Township 25 N., Range 44, E. W. M., Spokane County, Wa shington , NOW, THEREFORE, BE IT RESOLVED, That the above-described property be, and the same is zoned under the classification of COMMERCIAL as defined in the Zoning Ordinance of Spokane County, adopted August 25, 1953, as amended. AND FURTHER BE IT RESOLVED That any development on the above-,described property shall be subiect to the following conditions: 1) Applicant shall obtain approval for on and off-site drainage plans and access permits before issuance of building permits. 2) edications r quested by the County Enginee xecutPd ak this tirr~ ut /npot exercise until a site plan is approved for subject property. 3) The County Engineer and Planning Director shall review said site plan and make a determination that the dedications requested are, in fact, appropriate and necessary for the uses proposed. 4) If the above-mentioned site plan has not been submitted within a period of two years, applicant shall cequest subiect matter be granted an extension of time. 5) Construction of curbing and pavement is not necessary until such time as the site is developed, the exact time to be determined by the County Engineer. 6) If, after review of the site plan, it is determined by the County Engineer and Planning Director that certain revisions in the conditions of approval are appropriate, a recommendation shall be forwarded to the Board of County Commissioners concerning these revisions. 7) The applicant shall comply with rules and regulations of the Health District in providing for adequate sewage disposal. All necessary Health District permits shall be obtained pcior to building permit issuance. 8) Mains and hydrants to be installed in accordance with the Spokane County Fire Marshal's requirements. (contd. ) ~ rb s Z E-3 5-78 (contd. ) 9) A landscape plan showing specific detail and accompanied by a performance bond shall be approved by the County Zoning Administrator pctor to building permit is suance . 10) That the provisions of SEPA`s Notice of Action pursuant to 43.21c.080 R.C.W. and the Board of County Commissioners' Resolution #77-1392 be accomplished by the applicant within thirty (30) days of formal action by the Board, as instructed by the Planning Department staff. 11) That a Final Declaration of Non-Significance be signed by the Board of County Commissioners. ~ ~ 12) That, if after one year from the date of the Planning Commission's action, the applicant has not received final adoption of the zone change, the application is void. Pje64,:m~ ASSED BY THE BOARD THIS DAY OF , 1978. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON. HARRY M LARNED, CHM. RAY W. CHRISTENSEN IM C. KOPET ,~..,r y ATTEST: VERNON OHLAND Cler he Boa By: Deputy ~ ~ -2- ~ ~ ~ ZQNE CHANGES PaSTED Q11T Z 1VG MAPS Applicativn No. Re s . No. 7,f - i 3el Re s. Date rir l 7 LT From; 4? j1 t (A1J41FA1 To. &)WA Wk.C r`C l 43 Posted By• R96 Date Fosted . Acres• Sec, .Z 2. Two. 2.,T' Range AL EAST (V1Ta11 Map) Building Codes Department Sca1e• 1" - 1400' 0K_ (Wall Map) Front Office Scale 1" - 1000' 10 K (Wali Map) Middle Office Scale I" - I000' {Section Maps} Front Office Scale i" - 400' (File Map) Traci.ng #34 (Valley Zvning Map) Scale I" - I000' Iv lak (Ffl.e Map) Metro 411 (T?irector's C)ffice) Scale 1" - 2000' ~A- (File Map) County - Front Office Scale 1" - 1 mile OA- (File Map) County (Map Room) Scate 1" - 2 miles (Score Gard) Middle Office 5+~..~UTH EAST (Wall Map) Building Codes Department Scale 1" - IQOQ' ('V1Ia11 Map) Front Office Scale 1 - 1000' (%31l Map) Middle Office Sca1e 1" - 1004' (Section Maps) F'rant Office Scale 1"- 400' (File Map) Tracina 034 (SoLsth East Zoning Maps) Scale - loao" ~(Flle Map) Metro #1l {Direetors Office} Scale: 1" - 2000' (File Map) County-Front Office Scale: I" - i mfle (Fxle Map) County (Map Room) Scale 1" - 2 miles (Score Cards) Mxddle Office Q , go 78 ~ 4~ NO. BQA D OF COUIVTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON FINDINGS AND ORDER REGARDING ZONING MAP PROPOSAL, ZE-3 5-78 , AGRICULTURAL TO COMMERCIAL: TOULOUSE WHEREAS, The Spokane County Planning Commission did, after public hearing on July 21, 1978, and continued to Augu s t 16, 1978, forward to the Boa rd of County Commissioners a recommendation that the Zoning Map be changed from the existing Agricultural classification to the Commercial classification on property described as follows The East 330 feet of the ATW 1/4 of the NE 1/4 north of C.M.St.P. & P. R.R. right of way, except the West 100 feet of the East 330 feet of the North 150 feet in Section 22, Township 25 N., Range 44, E.W. M., Spokane County, Wa shington . and, WHEREAS, The applicant before the Planning Commission, Mr. Dominick Toulouse, did subsequently request a hearing before the Board of County Commissioners to present evidence and testimony in favor of this application, and, WHEREAS, The Board did hold a public hearing on October 2, 1978, to consider the recommendation of the Planning Commission and testimony and evidence of the applicant and other interested parties, and, WHEREAS, At said hearing opportunity was afforded those favoring and those opposing the above-descrlbed zone reclassification, and the Board of County Commissioners fully considered the testimony given, the records, and minutes of the Planning Commission and all evidence presented, and having individually acquainted themselves with the site and vicinity in question, does hereby find 1) That the Board of County Commis sioners uphold s the recommendation of the Spokane County Planning Commission to approve said zone change, subiect to findings and conditions as contained in the Planning Commission's minutes of August 16, 1978, i2rovidgd khat, a) Dedications requested by the County Engineer be executed at this time but not exercised until a site plan is approved ~ for subfect property. b) The County Engineer and Planning Director shall review said site plan and make a determination that the dedications requested are, in fact, appropriate and necessary for the uses proposed. (contd. ) FINDINGS AND ORDER, ZE-3 5-78: TOULO USE (contd.) c) If the above-mentioned site plan has not been submitted within a period of two years, applicant shall request subiect matter be granted an extension of time. d) Construction of curbing and pavement is not necessary until such time as the site is developed, the exact time to be determined by the County Engineer. e) If, after review of the site plan, it is determined by the County Enqineer and Planning Director that certain revisions in the conditions of approval are appropriate, a recommendation shall be forwarded to the Board of County Commissioners concerning these revisions. 2) The Board also concurred in the Planning staff's recommendation that a Final Declaration of Non-Significance be signed by the Chairman of the Boarod. DATED This 1.3 day of /Ivnan6~ , 1978. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON HARRY M. LARNED, CHM. 1ERRY C. KOPET ATTEST: VE ON W . OHLAND k of th ard By• . Deputy , _2_ % \ ~ BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTOiV IN THE MATTER CONCERNING ) ZONE RECLASSIFICATION ~ COMMISSIONERS' DECISION ZE-35-789 AGRICULTURAL TO ) COMMERCIAL Toulouse ) This being the time set by the 6oard of County Commissioners of Spokane County, Washington, to render its decision concerning the request of Dominick Toulouse, East 13418 Sprague Avenue, Spokane, WA 99216 for the above captioned zone reclassification, and The Board having received the recommendation of the Spokane County Planning Commission to approve the zone reclassification, subject to findings and conditions as contained in the Commission's minutes dated July 21, 1978, and The Board having conducted its own public hearing on October 2, 19789 at the request of the applicant, Mr Toulouse, and after visiting the site and reviewing the testimony, and The Board being fu11y advised in the premises did determine, based upon the testimony submitted at the public hearing and other evidence available to the Board to uphold the recommendation of the Spokane County Planning Commission to approve said zone change, s~l~ct to findin,s and conditions as contained in the Planning Commission's minutes of Jpjly, , PROU DED tha t ) Dedications requested by the County Engineer be executed at this tlme but not exercised until a site plan is approved a► for subject property 2) The County Engineer and Planning Director shall review said site plan and make a determination that the dedicatlons requested are, in fact, appropriate and necessary for the uses proposed 3) If the above mentioned site plan has not been submitted within a period of two years,applicant shall request subject matter be granted an extension of time 4) Construction of curbing and pavement is not necessary until such time as the site is developed, the exact time to be determined by the Gounty Engineer 5} If, after review of the site plan, it is determined by the County Engineer and Planning Director that certain revlsions in the conditions of approval are appropriate, a recommendation shall be forwarded to the Board of County Commissioners concerning these revisions The Board also concurred in the Planning Staff's recommendation that a Final Declaration of Non-Significance be signed by the Chairman of the Board The Board instructed the Planning Staff to prepare Findings and Order, for execution by the Board at a subsequent meeting, setting forth more definitively the Board's action in this matter APPROVED BY THE BOARD this 23 day of October, 1978 VERNON W AND Clerk of e Board by osa ne Montague, Deput le 3.•: ' ~ , ~ ~ ~ ~ ~ .~r I R~+M. . ~ ~ " ~ ~ ~t ` ~ j'afJ' 1~ ~ ~ ~ . 1 ~ _ ~ ~ - ~ '~r 4 ~ ~ No. 73$710 RECEIPT FOR CERTIFIED MAIL NO O8URANCE COYERA6E PROYIOEO- NOT FOR NITERNAT10NAl MAII (See Reverse) SENTlow%~v\n aC S T AND NO. ~ f z 3 P,O., STATE AND ZIP CODE ~ POSTACa~ / I 1 3 y CERTIFtED FEE ~ SPECIl1l DELIVERY I a ~ RE5TAICTED DEUVERY ~ Q U. V C $Hpyy TO WHOM AND ~ ~ > a DATE OEUVEREp < SFiOW TO WF10M, OATE, ~ J p' DEAND L1VEDp RESS Of Q 40 d O V yj SHOW TO WNOM AND DATE ~ ~ Q DfLIVERED WITH RESTRICTEd ~ ~ z DELIVERY ~ SHOW TO WHOM. DATE AND V ru ADOHESS OF OELIVERY 41fITH ~ Q RESIRICTED DELIVEFiY - ~ ~ TOTAL PpSTAGE AND FEE8 $ ~ ~ POSTMARK OR DATE ~ ?f717 F ~ ~ ~ H41 SENDfiR: Complae icems 2, anJ 3. o Add your address in the "RETVRN TO" spsa on ~ ttVtiSC. ~ 3 ~ 1. The following aervice is requested (check one ~ ~ Show to whom and datt dclivend............ 159 w Show to whom, date, & addresa of delivery.. 350 : ° E] RESTRIC:TED DELIVERY. N Show to whom and date delivered..._..._._... 650 RESTRICTED DELIVERY. Show to whom, date, and address of delivery 850 2, AR~CLE ADDRESSED TO: ~ ~ < Vv1 Zib ~ 3. ARTICIJE DESCRtPT10N: - ~ REGISTEREO NO. CERTIFIED NO. INSURED NO. m 73 ~ ~ wari obtaln signatun of addressa~ or aasnq N r4n I ave eived the article described above. a S N UR ❑ dresse ❑ Authoriud agent z ' (h C 4 . ~ A E O LI7,0e Y r POSTMARK > z S. A DRESS (Com ii nquosttd) C ~ . ~ ~ 6. UfMABLE TO DELIVER BECAUSE: CLERK'S ~ 1N{T1ALS ~ r ~ l I GPO : 1475-~-047 I P ~ ~.p c~ . •t~.~~-~- t.. ~ ~ . _ _ . a 1~ ~q / Vi . ■ r t•~~ s. ~ i ~ ' - . ~ SPOKANE COUNTY p ± ;c~ 14 PLANNING DEPARTMENT N. 811 JEFFERSON SPOKANE, WASHIN<3TOTi Mgm . ~ ~ Frank Hollen N 121 Wal nut Rd ~ .001" Spokane, WA 99206 R-E C E 11 E ~ JUL 20 1978 SPOKANE COUNTY p ~ 0 Pi c'~. PIANNING DEPARTMEMT ~ I r1 r.` 1 r, n • f~" 137~ LJ i_ ' • - ~n,_„ . _1✓ - x , ~ y S r 'k~ 'S ~ i~ 1 h-.a 1 1 r F ~ 'v ♦r > r~ t +7 ~ ~ ♦ ~ a 'f'~ t~ ~ a,a ~ L,ryt 4 'pr ~4#, , t l~ T a r .+Xtq } r "s'1'► Ft 'f4 ~ ~It t'Y , ZE-35-78 - AGRICULTURE TO CONUNERCIAL N - ICK TOULOUSE I. FINOINGS OF FACT: a) Land Use: 1. Site: Flower Shop & Residence 2. North: Single Family Residence and Real Estate Office 3. West: Vacant 4. South: Single Family Residence 5. East: Carpet and Furniture Store b) Zone Classlfication: 1. North: Agricultural Suburban 12/3/57; and Residenfiial Office 2/22/73 2. West: Conmercial and Residential Office 3. South: Agricultural and Residentlal Office 4. East: coromercial and Residential Office c) Rgional Comprehensive Plan - 1968 The Plan Map has designated this area as appropriate for Residential Deveiopment. II. SPECIAL FiNOINGS: a) County Ensineer's Office: The County Engineer's Office has requested the following be considered, if the reione is approved: No te: All required improvements shall be built to meet or exceed minimum County construction standards. ✓ 1. Applicant shall dedicate the East 10' and a 20' radius on the NE corner and the South 50'4(for slope easement). 2. Applicant shall construct rrcurb~ and pave right of ways to meet exi sti ng pavement. 3. Applicant shall obtain approval for on and off-site drainage , plans and access permtts before issuance of building permits. b) Spokane County Health Dfstrict: The applicant shall comply with ru]es and regulations of the Health District in providing for adequate sewage disposal. all necessary Nealth District permits shall be obtained prior to building permit issuance. c) Fire Protection: Mains and hydrants to be installed in accordance with the Spokane County Fi re Marshai ' s requi rements. ~ -19- i . . ~ ZE-35-78 - IIGRICULTURE TO C014MERCIAL - DONINICK TOULOUSE cont. d) Envlronmental Review: The staff recommends that a Final Declaration of Non-Significance be signed by the Board of County Commissioners. III. CONDITIONS: If the Planning Canmission approves this request, the follawing conditions should be considered: a) Compiiance wfth all requests stated under Specific Information above. b) Improvments shail be in substantial conformance with the plot plan on file. c) A landscape plan showing specific detail and accompanied by a per- formance bond shall be approved by the County Zoning Administrator prior to building permit issuance. d) That the provisions of SEPA's Notice of action pursuant to 43.21c.080 R.C.W. and the Board of County-tamn#ssioners lTesolution #77-1392 be acconplished by the applicant within thirty (30) days of formal action by the 6oard, as instructed by the Planning Department Staff. e) That. if after one year from the date of the Planning Commission's action, the appiicant has not received final adoption of the zone change, the application is void. - 20 - A;LvIA, jUL`I 21, 1978 -:I.EPHONE NO, 456-2274 SpOKANE COUNTY PLANNINC WviISSION T ime • F riday , july 21, 19 :78, 1 30 P, vt . Place: Broadway Centre Building, Second Floor Z NE RECLASSIFICaTION North 721 jefferson Street, Spokane 10. ZF-3 5-7A , Aoncultural to Comrn-ercial a. Location. Sectfon 22,Townshfp 25 N.,Range 44,E.W,M. The East 330 feet of the NW 1/4 of the NE 1/4 north of C,M.St.P. & P. R.R. right of way, except the West 100' of the East 330' of the North 150' in Section 22. b. Applicant Dominick Toulouse EasC 13418 Sorague Avenue Spokane, WA 99216 c. Site Size 4 1/4 Acres d. Existinq Zoninq• Agricultural, estaolished March 27, 1942 e. Proposed Zoning Commercial f, Prooosed Use of Property Retail Business q. Application of Zoning Provision CSapter 4.21, Section 4.21.040 h. Environmental Impact. A topic of discussion at this hearinq may be whether vc not this prooosal will have a significant adverse environmental impact. u 1 . c. ~ ya J J ~1 ~ : J v ~_►A~E r~--tAi : ~ ,r L j ~ ~j 'J/1 r i CYWht ~ - VA LL Ev W AY ¢ r~ ► Nix Z - ~ i W M~~N r ~M A, ww 1 t ~ .t o S.i i~O < W ` pIVER510E a ~E~s+o > SPRAGUE'~AvE. k - • - - ' ~ Orl CE 23 A vE r J ~ `.r ~ w ~ a d T N A V E h T~'^P ;t Z C Cbl~rQ ~ d T C a 1 l/ ~O r~ ~ > ~ J~, F ~ ~ C ~i V E. Q ..~,TN 1 z~ . r ot Y ~ Y = - OI 7T~ 4vE 7z+• A ~ , ~ ~ •r • . J I E > ~ ~ 8 TH AvC : . ~ 14 a ~ ~ , MINUTES August 16, 1978 4. ZE-141-77, AGRICULT3LRAL Tn COMMF,RC 11L. KOFM .uT, (contd.) drainage plan before issuance of building permits",(Mrs , Byrne moved, Mr. Culler seconded, Vote was unanimous.) 2E-35-78. AGRICLILTtTRAL TQ CQMN,ERQjAL, TOULOUSF (continued from Planning Commission's July 21, 1978 hearing.) That the zone reclassification request (File Number ZE-35-78) be approved, rand in so approving, adopts the Staff's findings as the Planning Commission's Findings of Fact as well as the conditions stated in the Staff's findings, and that a Final Declaration of Noi -Significance be issued, and the following additional condition, that the applicant shall dedicatp.,,,10 f P~_t o_f ri ht of way _.JW sit~out,",,,61,8d curbs nn Rlake Road; a that Condition "b" in the Staff's Ffndings be deleted as well as deletfon of the request from the County Engineer's Office for 5' curbs.(Mr, Quigley moved, Mr, Main seccnded, Vote was unanimous. ) 6 LLncheon Meetina Topics of di scussion included zoning of large developments and implementation of the Hearing Examiner Ordinance. Planning Staff Present Dayharsh, Davis, Litt, Blanchard, and Wesche. Prosecutor's Office Emacio. Engineer's Office: Finney. DATED THIS 24th DAY OF AUGUST, 1978. By Myrth Blanchard ~ Chris Wesche Recording Secretaries For Ted McCoury Planning Commission Chairman Fred L. Dayharsh Planning Director -4- ZE-35-78 - AGRiCULTURE TO COMMERCIAL - DOraINICK TOULOUSE I FINDINGS OF FRCT a) Land Use 1 Site Flower Shop & Residence 2 North• Single Family Residence and Real Estate Office 3 West Vacant 4 South Single Family Residence 5 East Carpet and Furniture Store b) Zone Classification 1 North Agricultural Suburban 12/3/57, and Residential Office 2i22i73 2 West Comercial and Residential 4ffice 3 South Agricultural and Residential Office 4 East commercial and Residentia] Office c) Regional Comprehensive Plan - 1968 The Plan Map has designated this area as appropriate for Residential Development II SPECIAL FINOINGS a) Count,y Engineer's Office The County Engineer's Office has requested the following be considered, if the rezone is approved No t e All required improvements shall be built to meet or exceed minimum County construction standards 1 Applicant shall dedicate the East 10' and a 20' radius on the PJE corner and the South 50' (for slope easement) 2 Applicant sha11 construct 5' curbs and pave right of ways to meet exlsting pavement 3 Applicant shall obtain approval for on and off-site drainage plans and access permits before lssuance of building permits b) Spokane County Health Oistrict The applicant shall comply with rules and regulatlons of the Health District in providing for adequate sewage disposal Al1 necessary Health District permits shall be obtained prior to building permlt issuance c) Fire Protection Mains and hydrants to be installed in accordance wlth the Spokane County Fire Marshal's requirements . o ZE-35-78 - AGRICULTURE TO COMMERCIAL - DOPdINICK TOULOUSE cont d) Environmental Review The staff recornmends that a Final Declaration of Non-Significance be signed by the Board of County Commissioners III CONDITIONS If the Planning Commission approves this request, the following conditions should be considered a) Compltance with all requests stated under Specific Information above b} Improvments shall be in substantial conformance with the plot plan on file c) A landscape plan showing specific detail and accompanied by a per- formance bond shall be approved by the County Zoning Administrator prior to building permit issuance d) That the provisions of SEPA's Notice af Action pursuant to 43 21c 080 R C W and the Board of County Commissioners Resolution #77-1392 be accomplished by the applicant within thirty (30) days of formal action by the Board, as instructed by the Planning Department Staff e) That, if after one year from the date of the Planning Commission's action, the applicant has not received final adoption of the Zone change, the application is void „ .A~'► .V3^ ~ , ='l~ XTAWW ~ PLANNING DEPARTMENT PUBLIC WORK3 BUILOINO A1 811 JEFFERSON STAEET PHONE 45$-2274 ~ SPOKANE WASHINOTON SPOKnnE GOUnTr GOURT NOUSC September 6, 1978 Mr. Dominick Toulouse South 123 McDonald Road Spokane, WA 99216 Dear Mr. Toulouse: s " Re: ZE-35-78 GJ ~ In reply to our telephone conversation of September 6, 19 78, I have con- firmed that your property title is not "clouded" by the conditions placed on the zone reclassification of your property. The following are special findings and conditions as amended during the hearing on Auqust 16, 1978: a) The County Engineer's Office has requested the following: Xpta: All required improvements shall be built to meet or exceed minimum County cons truction s tandard s. 1) Applicant shall dedicate the East 10' and the South 50'; 20' radius on the NE and SE corners including necessary slope easement for railroad crossing improvement. 2) Applicant shall construct 5' cement concrete sidewalk, curbs, and pave rights of way to meet existing pavement. 3) Applicant shall obtain approval for on and off-site drainage plans and access permits before issuance of building permits. b) The applicant shall comply with rules and regulations of the Health District in providing for adequate sewage disposal. All necessary Health District permits shall be obtained prior to building permit issuance. c) Mains and hydrants to be ins talled in accordance wf th the Spokane County Fire Marshal's requixements. d) That a Ffnal Declaration of Non-Significance be signed by the Board of County Commissioners. e) A landscape plan showing specific detail and accompanied by a performance bond shall be approved by the County Zoning Administcator prior to buildinq permit is suance . I L ~ s • Mr. Dominick Toulouse - 2- September 6, 1978 f) That the provisions of SEPA's NQtic~ e of_ A= pursuant to 43.21c.080 RCW and the Board of County Commissioners' Resolution #77-1392 be accomplished by the applicant within thirty (30) days of formal action by the Board, as instructed by the Planning Department staff. q) That, if after one year from the date of the Planning Commission's action, the applicant has not received final adoption of the zone change, the application is void. Please note that the only conditions required to finalize the zone reclassification are: a) 1. (Applicant shall dedfcate the East 10' and the South 50'; 20' radius on the NE and SE corners; includfng necessary slope easement for the railroad crossing improvement). The proper forms are available in the County Engineer's Office. The other conditions placed on the zone reclassification will have to be included in any future development plans prlor to receiving the appropriate buildi,ng permits. If you have anx questions regarding ZE-35-78, or alternatives, you may pursue, feel free to call. Sincerely, JIM JOHNSON Assistant Zoninq Administrator JJ: cmw cc: Terry Litt v1 jack Finney x ~ 5POAANt VALLtq FIRE DEPARTPIENT "V 7s, t e- *4 A w ,a~ &I/.*/ EAST 10019 SPRAGIE AVE • SPOKANE, WASHINGTON 99206 • TELEPHONE IM 948-1700 . _ ~ tR 114JO Xh& 006V Ju1y 6, 1978 Mr. Fred Dayharsh, Pl aAning Di rector R ECEIVED Spokane County Planning Commission J U L 7 1978 North 811 Jefferson Spokane, Washington 99201 MMNE COUaN ~ Dear Mr. Dayharsh : 't~W~ , The fol l owi ng Zone Change hpt,,beh, reviewed for ftre protection: ZE-31-78 A ricultural to~t itr1c ~'Industrial I Wel l s B. McCur~y Tr ' s \ Mains and h~ydrants need to h be instal led ~n this rea n required storage to provi de ade~ e fi ri f1 ow. - . ~t . ZE-32-78 Freeway C rcial a Agricu,,t al to conwrcial Wells B. n ~d,y i.~s and ~y~ nts n~eed to be instalied in this acotu A d rekd statagq provlde adequate fire ftm.n~. .r ? le _ 1 1 t ~ A letter from the t,C~~f ipi ce'Ao tF~ o zone chenges wi 11 fo 11 aw. ZE-64-78 Agri eultura} to ~ 4~ i 1 Su ~ EqUiftb1e lhves ,nd`~ ran s n ed to be Jns , ,~al ledrfin , 1 ZE-77;1~ Alricul tur~~ tt~'~;~~ bur~an rcial ~rdon Ri c o v ~re y ~r `*ixisting ra ts wi11 needed. ■ ,f i1 y Y~~t~ la A t ~ ~~~t~ i1l i ~ Zt-aS4-77 AgricUltuftl tv dl Offqce Or 1 iple Famiay Suburbah d Wi111am Y. Hillstead- Th~r~e aro q#ci ti°ng m in~ s 'area but hydrpn.ts wi 11 ~be ~r~eed~~. ~ d ew ~ ZE-50-78 Agricultural to Moltiple Family SvkqrjZ(kn Peter E. Goldberg- Mains and tydrants need to be instal1ed in this area. PRE VENT FIRES SA YE LI VES : Page 2 ' ZE-41-18 Agrf cul tu ral to Res tri cted Indus tri al Robert A. Bon ucce 11 i- Ma ins and hydran ts need to be installed in this area and spacing of fire hydrants to provide adequate fire flow ZE-3-78 Agri cu] tural to Resi denti al Offi ce Phi i ip L. Rudy- There are existing mains in tbis 4rea, but hydrants wi11 be needed. ZE-71-78 Agricul tural Suburban to Residential Office R1ck Sykes, c/o Senske and Masgai, Inc.- There are existing mains in this area but hydrants will be needed, ZE-141-77 Agricul tural to Commercia] Geral d E. Koffiehl- There are exf sti n,q main$ fR tfiis iarea but hydrants wi 1 i be needed. e3--78 Agricultural to Coaunercial Dominick Toulouse- Mains and iydrants need to be installed in this area. o Lt. of Inspectors AC:sn DAT~ March 1, 1978 Spokane County Planniny Commissioa ZE-35-78 ~ounty Court House Spokane, vv ashinyton 201 Gentlemeiz vweg tlie ui~dersiyndd proparty owiiers, requc:st tne oi,okane C:ounty Planning Gommissioa (to co,lsider a zoninr plan) or (to consider chanyi,ly the Loniag map) from Agrtcultural to Commercial on the followiiic, desc;ribed property Sectlon 22, Townshlp 25 N., Range 44, the E 330 feet of the NW 1/4 of the NE 1/4, N'orth of the CMSTP&P R.R. r/w except the W 100 feet of the E 330 feet of the N 150 feet. Spokane County, Washtngton I*4 A064 -E ADDRt:SS LEGAL DESCRIPTI4N OF PROPERTY ' 1 2. ~ . 4. 5 6 7. 8 5. 10. 11. 12. l ,i # 14. 15. lb EEi-URE rHE .i,UARA U~ Gt3UNTY (.O1k.lISSI011i;a~, 01' aPaKANE CQUTtT7~~ WASELIT GTON Iid "L'HE ifATTER CONCERNIiIG } ~GY~E P.ECLASSI~•yIGA'~ION ) ZE-35-78, AGRICL'I.TURAL } taOTICE OF PUELIC IMRING TQ COM1EiZCIAL: T(?ULQUSE } 210TICIZ IS ~:HELY GIVEN th--t ti'le yoaid of CounLV Con-iLssioners of Spol.ane County, Washin;tan, c7l1.1 hoZd apu~ lic hea-%nt, vt 1•30 p.n , oi-i Qctober 2, 1978, at thei,: o~f,-ce in the Count~r Caur-LhQ Lse to consicler t~le above-rent2vi,eo zoae reclassification on the iollor7in~ d~escribed prope~i.;~. Sectzon 22, Totmsliip ZS I3orth , Renve 44 E.Ij 11. Tlae East 330 feet oi tbe IZT ? j4 oa: t,ie P3L 1i4 noith af C.4 St.P.&P.tk R. right o~ ifay, e~,cept tlze li'est 100' of the '""ast 330' oi the Iiorth 154' in Sec -Lian 22. N4TICE IS FURTHER GIVETd THAT A topic ci d3.scu..sion this Iiearin; maq ~.~e inether or not this propasal W31I hzlie a sigaificant adverse environrn.enLal impact. L(?TICv IS FUItTH~.~R +GIVE.3 i.hat ary person interestecr Tlay appeai at said hearing and present testimon3 either fok or "agninst the application xo, the above-mentianeci zone reclassifzcaLion uY ORDE. 0F THE FiOARI3 th3.S 31S t aay o~ Au-yLIS t, 1972. VERNOId TI OkILAI'3D C r..'IC 1~ ~ DAR.D~ r, A- 4asnine - TIont4Su.e, Depzzty C1 PUBLISH : Va lley Hera ld September 13, 1978 AGENDA, jULY 21, 1978 !ZPHONE NO.: 456-2274 SPOKANE COUNTY PLANNING COMMISSION Time: Fciday, july 21, 1978, 1:30 P.M. Place: Broadway Centre Building, Second Floor ZONE BECLASSIFICATION North 721 Jefferson Street, Spokane 10, ?F-3 5-7 S. A ricultucal te Comm~rcial a. Loca tioa: Section 2 Z, Township 25 N., Ranqe 44 , E. V1r . M. The East 330 feet of the NW 1/4 of the NE 1/4 north of C.M.St.P. & P. R.R. riqht of way, excepC the West 100' of the Eagt 330' of the North 150' in Section 22. b. Applicant: Dominick Toulouse East 13418 Spcague Avenue Spokane, WA 99216 c. Site Size: 4 1/4 Acres d. Exis ting Zoninq: Agricultural, es tablis hed March 27, 1942 e. Proposed Zoninq: Conunercial f. Proposed Use of Property: Retail Business q. Application of Zoninq Provision: Chapter 4.21, Section 4.21.040 h. Environtnental Impact: A topic of discussion at this hearfng may be whether or not this proposal will have a siqnificant adverse environmental impact. t0 J KAv 3 4.KI - : O ~r g _ VA! LEYW~ ~ vA L.L Ev W AY m i XCNM 0 ~ W ~ M r..~..: s.. 4 0 I-_ t RIVERSIOE v~p s ~ ? PR GUFRAVE. ~ . iriCE N° 23 ` J ~ 0 ;f o ~ ad ( ~ " Av EL ' ~ 4 T H A V E - . . ~ ~ p T 1 4 J-b? ftr TM d ~ N ' Jf . . i in C . oV E.. < v L'. ? t O . Y = Q• 7t»AVE 7TM A ~ O ~ ~r ~ 8 TN AvE ~v • M j -14- h . ti AGEN'DA, jULY 21, 1978 EPI3C]NE NO.: 456-2274 SPOKA►NE COLTNTY FI.ANNING CO NIMISSION Time: Frfday. Tuly 21, I97$, 1:30 P.M. piace; Brvadway Centre Buil.ding, Second Floar ZQM RECLA~SIEMA'_I= Nocth 721 jefferson Street, Spokane 9. zE-141 ~77 ._ABricu1=.1 to,.+G.=merclala. Locatfon: Sectf an 10,TawM ship 25 N., Range 44, E. W. M. Lvts 163 , 164, and 165, Pinecroft Second Addf tion. b. Applicant: Gerald E. Kofinehl South 2304 Aprf1 Court Spokane. WA 99216 c. 5ite Size: 36,000 square feet d. Exfsting Zonfnq: Agricu3tural, established Apcil 24, 1942 e. Praposeci Zoning: Commercial f. Proposed Use of Pmperty: Restaurant g. Applicatien of Zvning Frovisfon: Chapter 4. 21, Sectfon 4.21.040 h. Envinomes3tal Impact: A topic of discussion at this hearfng may be wheCher or not thf.s proposal wi].1 have a signiftcant adverse environmental impact, Q rw r= ~ a3 r ~ MARIETTA ~►vE ~~.,..1 . ~ ~ x ~4 ~ h rt~ t . GII~L1$~ + I► q ~ tw • . i ~ q EBRI M.a~ . CC ~ • ILtJ f 1~ ` J. ~ Et 19 6'T ~n+r.~. ~ ~~,ar~rJ Av E. ~ • ~s.--n.1 ' ~ ~ ~ l h ~ 1V 00 q 9"Q oa~ ~ p ~ ~ ~ MORi► E 1IQ 7 " ~ = t~ r.o►+ ~ . Axvti% E x EL L s„mro~ t t' t o 1904 ra ► fl sw►a ¢ t30 oM E .0 n n r_ . -13- ~ . ~ ,r September 6, 1978 Mr. Dominick Toulouse South 123 McDonald Road Spokane, WA 99216 Dear Mr. Toulouse: Re: ZE-35-?6 In reply to our telephone conversation of S,-=ptember 6, 19 78, I have con- firmed that your property title is not "ciouded" by the conditions placed on the zone reclassification of your property. The following are special findings and conditions as amended durinq the hearing on Auqust 16, 1978: a) The County Enqinaer's 4ffice has requested the following: Wnta: All required improvernente shall be built to meet or exceed minimum County construction standards. 1) Applicant shall dedicate the East 10' and the South 50'; 20' radius on the NE and SE corners includinq necessary siope easement for railroad crossing impcovement. 2) Appllaant shall construct 5' cement concrete sidewalk, curba, and pave rights of way to meet existing pavement. 3) Applicant shall obtain approval for on and off-site drainage plans and access permits before issuance of building permits, b) The applicant shall comply with rules and requlations of the Health Dietrict in providinq for adequate sewage disposal. All necessary Health District permits shall be obtained prior to buildinq permit issuance. c) Mains and hydrants to be installed in accordance with the Spokane County Fire Marshal's requirements. d) That a Final Declaration af Non-Significance be signed by the Hoard of County Commissioners, e} A landacape plan shawing apecific detail and accornpanied by a performance bond shall be approved by the County Zoning Administrator prtor to building permit issuance. . ~ ~r Mr. Dominick Toulouse - 2- September 6, 1978 fl That the provisions of SEPA'8 Ngtice ef Actioe pucauant to 43.21c.060 RCv4' and the Boerd of County Commisalonsrs' Resolution #77-1392 be acoomplished by the applicant within thicty (30) daya of formal action by . the Board, a s instructed by the Planriing Department staff. qj That, if after one year from the date of the Planning Coramiesion's action, the applicant has not received flnal adoption of the zone chanqe, the application is void. Please note that the only conditions cequired to finalize the ione reclassification are: a) 1. (Applicant ehall dedlcate the East 10' and the 3outh 5020' radiud on the NE and SE corner8"er including necessary slope easomant far the railroad ccossinq impcovemsnt). The forms are available in the County Engineer' a 4#fice. The other conditiona placed on the zone reclaseification will have to ba inctuded in any future development plans prior to receiving the appropciate buildinq permite. If you have any queations reqarding ZE-35-78, or alternatives, you nay pumae, feel free to call. Sincerely, jIM JOHNSON Assistant Zoning Administrator JJ:cmw cc: jeny Litc jack Finney p a MINUTES August 16, 1978 4. ZE-141-77. AGRICULTURAL TO COMMERCIAL: KOFMEHL (contd.) drainage plan before issuance of building permits". (Mrs. Byrne moved, Mr. Culler seconded. Vote was unanimous.) N S. ZE-35-78. AGRICULTURAL TO COMMERCIAL: TOULOUSE ~ (con tinued from Planning Comrnf s s ion' s july 21, 1978 hearing.) That the zone reclassification request (File Number ZE-35-78) be approved, e~.1 and in so approvinq, adopts the Staff's findinqs as the Planning Commission's ~ Findings of Fact as well as the conditions stated in the Staff's findings, and ~ that a Final Declaration of Non-Significance be issued; and the following ~ additional condition, that the applicant shall dedicate 10 feet of right of way for sidewalk and curbs on Blake Road; and that Condition "b" in the Staff's Lindinqs be deleted as well as deletion of the request from the County ~ Enqineer's Office for 5' curbs. (iVir. Quigley moved, Mr. Main seconded. Vote wa s unanimous. ) 6. L ncheo Meetincr Topics of discussion included zoning of large developments and implementation of the Hearfng Examiner Ordinance. Planning Staff Present: Dayharsh, Davis, Litt, 8lanchard, and Wesche. Prosecutor's Office: Emacio. Engineer's Office: Ffnney. DATID THIS 24th DAY OF AUGUST, 1978. By• Myrth Blanchard Chris Wesche Recording Secretaries For• Ted McCoury Planning Commission Chairman Fred L. Dayharsh Planning Director -4- ~ t 1VIINUTES August 16, 1978 2. ZE-31-78. AGRICULTURAL TO BgSTRICTED INDUSTRIAL: McCURDY 7E-32-78 . FREEWAY COMMERCTAL AND AGRICULTUR AL TO CQMMERCIAL. - - McCURDiY (conCd. ) g) Countv Roads and R/'W. The County Engineer's Office will require improve° ments to Liberty Lake Road, Kenney Road, and Henry Road, and acquire riqhts of way necessary to handle the impact of these rezones. Also, costs for these fmpcovements shall be the burden of the developer as set focth in the Ietter from the County Engineer dated Auqust 16, 1978, and as corrected at the hearing. Said 1epter is on record with the ffle. h) That Che developers, Hiqhlands and Homestead, will cooperatively work on measures to adequately address the potential air pollution problems. i) That a storm runoff water drainage plan shall be approved by the County Engineer's and Spokane County Health District prior to issuance of building permits. j) That a detailed landscape plan shall be approved by the Zoning Administrator pr1Qr to is suance of buildinq permits. k) That an agreement between the developer and the Liberty Lake Sewer District has been acvomplished to handle sewage and waste water disposal. I) That all mitigating measures in the E.I. S. shall be adhered to. GONDITIONS ; That Paragraphs E, F, G, H, I, J, K, and L above adopted as special conditions for approval of the zone change. 3, &E-71-78 . AGRiCULTURAL• SLrBLrRBAN TO R STDENTiAL OFFiCE; SYKES (continued from Planning Commission's july 21, 1978 hearing.) That the zone reclassification request (File Number ZE-71-78) be approved, and in so approvinq, adopts the Staff's ffndinqs as the Planning Commission's Findings of Fact as well as the conditions stated in the Staff's findings, and that a Final Declaration of Non-Significance be issued. (Mr. Qufgley moved, Mr. Main seconded. Vote was unanimous.) 4. ZE-141-77. AGRICULTfTRAL Ti0 COMMERCIAL: KOFMEHL (continued from Planning Commission's july 21, 1978 hearing.) Tha t the zone recla s s ifica rion reque s t (F ile Number ZE-141-7 7) be approved, and in so approving, adopts the Staff's ffndings as the Planning Commission's Findings of Fact as well as the conditions stated in thettaff's findings, and that a Final Declaration of Non-Significance be issued; and the additional condition that the building be limited to one story or 20 feet in height; and to delete the words, "and off" trom Condition #2 of the County Engineer's Office requireinents fio make it read• "Applicant shall obtain approval for on-site - 3 - (contd. ) . . . SPOKANE COUNTY PLANNIIVG COMMISSION North 811 Jeff erson Spokane, Washington 99260 August 24, 1978 Honorable Board of County Co:nmissioners Spokane County Court House Spokane, WA 99260 Gentiemen: At a special hearing of the Spokane County Planning Commission on Wednesday, August 16, 1978, at 8:30 A.M. to 11:45 A.M., reconvening at 1:30 P.M. ro 2.30 P.M., in the Broadway Centre Building, the enclosed action was taken and is recommended to the Board of County Commissioners. Members present: Mr. McCoury, Mrs. Byrne, and the Messrs. Culler, Main, and Qufqley. Due to a conflict of interest, Mr. Main was excused from attending the afternoon session of the hearing. Planning staff present: Dayharsh, Davfs, Litt, Blanchard, and Wesche. Prosecutor's Office• Emacio. Engineer's Office: Finney. Sincerely, SPOKANE COUNTY PIyAN1VING COMMISSION C/ Te McCoury, Cha rman Fred L. Dayhars , Planning Dfrector McC• FLD:cmw Official minutes and record of action taken by the Spokane County Planning Commission at a special hearing held on August 16, 1978. • ' RE,CEI VED 111JG2 1 i 978 ~ SPOKANE COUNTY PLANNING COMMISSION APPEAL REQUESTCAM COMN MIISSIONERS ~ ~ & 1~6, ~ Date• Your name• fhar, Addre s s~? o_-- " Phone No._~~~~ Planning Commission Action Being Appealed - ~ Title ~ I . D Number Date of Action Siqnature , Your Reasons for Appeal. ~ 98-574 1251 , , )TOTHE ~ f ,ORDER O r r LLAR S P`aP g.a VALL BRANCH i # a ~ ► FARMERS MERCHANTS BANK or Ro"►ono Ot'PORTL7NiTY.WASHINGT'ON ~ awcwu wtwn ae60 ° ti , 1 t t RECEI AUR SPOKA NF rn►~r oll OCANiYING DEPARTMENT a ' ~ '1'~ j ~j~' ~ ~ ~ ~ ~ MINUTES July 2I , 1978 12. ZW-73-78, A„GRIC ULTURAL TC) .$E TRICTED INDUSTRIAL AND RESIDFnT'TIAt, OFFICE: TRI-R-CO _ .INC _ That the zone reclassiffcation request (File Number ZW-73-78) be approved, and in so approving, adopts the Staff's ffndings as the Planning Commission's Findings of Fact as well as the conditions stated in the Staff's findings, and that a Final D?claration of Non-Significance be issued; and eo delete the requirement of the County Engineer's Office that the applicant shall dedicate the North 14' of the advertised property for rfght of way. (Mr. Quigley moved, Mr. Kennedy seconded. Four voted "Yes' ; two abstained from voting. Motion carried. ) 13. ZE-71-78, AGRICULTURAL SUBURBAN TO RESIDEMIAL OFFICE. SMES That the zone reclassification request (File Number ZE-71-78) be continued to a special hearing scheduled for August 16 , 1978 .(Mrs. Byrne moved, Mr. Quigley seconded. Vote was unanimous.) 14. ZE-141-77. AGRICULTURAL TO COMME$CIAL: KQFMEEL That the zone reclassification request (File Number ZE-141-77) be continued to a special hearing schedule for August 16, 1978. (M. s. Byrne moved, Mr. Quigley s econded . Vo te was unanimou s.) V 15. E-3 5-7 AGRIC ULTURAL TO CO M1/IE RCIAL: TO ULOUS E That the zone reclassffication request (File Number ZE-35-78) be continued to a special hearing schedule for August 16, 1978 .(Mrs . Byrne moved, Mr. Quigley seconded. Vote w3s unanimous.) Plannfng Staff Present Litt, Johnson, Horobiowski, Fergen, Wesche, and Blanchard. Engineer's Office Finney. Prosecutor's Office Emacio. DATED THIS 27th DAY OF JULY, 1978. ~ - By Chns Wp-sche Mvrth Slanchard Recording Secretarles For Ted M cCoury Planning Commis sion CLiairman Fred L. Dayharsh Planning D irector -8 - MINUTES Tuly 21, 1978 7, 7E-77-78, AGRICULTUR.AL• AND AGRICJLTURAL ~UBURBAN TO COMVIER~ RTC,H D30N and H_ O'JER That the zone reclassification request (File Number ZE-77-78) be approved, and fn so approving, adopts the Staff's findings as the Planning Commissfon's Findings of Fact as well as the conditions stated in the Staff's findings, and that a Final Declaration of Non-Significance be issued, and to delete the requirement of the County Engineer`s Office that Che applicant shall dedicate 10 feet on both sides of Adams Road for right of way as the dedication has already been made. (Mr. Thomas moved, Mr. Kennedy seconded. Vote was unanimous. ) g. 7E-1 54-77 . AGi21CtILTU,RAL SU LTgBaN TO RESIDFNTTALOFFLrE o$ M~=` FAM i T r~ RB N., HI LSTEAa That the zone reclassification request (File Number ZE-154-77) be denied, as the mfltion for approval lacked a quorum vote of the Commission. M: s. Byrne moved, W. Kennedy seconded, that the zone change reclassifi- cation be approved to Multiple Family Suburban, and in so approving, adopts the Staff's findings as the Planning Com-nission's Findings of Fact as well as the conditions stated in the Staff's fi,ndings, and that a Final Declaration of Non-Significance be issued.(Three voted "Yes"; three voted "No". The motion was lost for lack of a quorum.) g. 7E-50-78 AGR C~ULTURAL T MTJLTI LE FAMiLY SUBURBAN._ GOLL)BERG That the zone reclassification request (File Number ZE-50-78) be aPpcoved, and in so approving, adopts the Staff's ffndings as the Plannzng Commission's Findings of Fact as well as the conditions stated in the Staff's ffndings, and that a Final Daclaration of Non-Significance be issued, with the follownng additional conditions approval for 112 units, and the County Engineer's Office requi.res paving on Bow3ish to 30' wide, curbing and sidewalks; and also curbfng and pavfng required to meet the existing paving on Jackson. (Four voted "Yes two vated "No". Motion carried,) 10. ZE-41-78 , AGaICULTURAL TQ REETRZ r,~D rN 'JSTRIAILa,.3nl\=CEI That the zone reclassification request (File Number ZE-41-78) be approved, and in so approving, adopts the Staff's findings as the Planning Commission's Findings of Fact as well as the conditfons stated in the Staff's findings, and that a Final Declaration of Non-Significance be issued; with the additional conditions presented by the applicant to be attached to the approval, including a 6' fence. (M:. Culler moved, Mr. Thomas seconded. Vote was unanimous.) 11. ZE-3-7A , AGRT(".tJLTU L TO RESIDENTI$L OFFTCF;j, RT,TDY That the zone reclassification request (File Number ZE-3-78) be approved, and in so approving, adopts the Staff's findings as the Planning Com-nission's Findings of Fact as well as the conditions stated in the Staff's findings, and that a Final Doclaration of Non-Significance be issued; to include the following additional condition That the access to Argonne Road be limited; and that at the time of a new proposal, curbtng, paving, and sidewalk be provided on Alki Avenue. Mr. Kennedy moved, Mr. Ouigley seconded. Vote ws s unanimous. ) - 7 - 8EF4RE THE PIANAiING COMN~ISSICN OF SPOKANE COUNTY, WASHINCaTON ) NOTICE QF CONTIATUANCE ~ Tbe above entitled matter cominq on reqularly for hearinq before the Planninq Commission of Spokane Crnanty, Wa shington, and the Commisslon being deslrous of glvlnq said matter futher consideratton did determine to contlnue this hearlnq to J&r~ A J /778 DATED AT SPOKANE THIS D►AY OF i-" , 1979. TED NC COURYJ CHAIRMAN By: Fred L. Dayharsh Dtrector of Plannlnq SPOKANE COUNTY PLANNING COMMISSION North 811 jefferson Spokane, Washington 99250 July 27, 1978 Honorable Board of County Commissioners Spokane County CQUrt House Spokane, WA 99260 Gentlemen. At the regular hearing of the Spokane County Planning Commission on Friday, July 21, 1978, at 8•30 A.M. to 11 50 A.M , reconvening at 1 30 P.M. to 6:25 P.M., in the Broadway Centre Building, the enclosed actfon was taken and is recommended to the Board of County Commissioners Members present• Mr. McCoury, Mrs. Byrne, and the Messrs, Culler, Kennedy, Thomas, and Quigley. Planning staff present Litt, Johnson, Horobiowski, Fergen, Wesche, and Blanchard. Engineer's Office• Finney. Prosecutor's Office: Emacio. Sincerely, SPOKANE COUNTY PLANNING COMivIISSION Ted McCoury, Chairman F red L. D.3yharsh, Planning D irector TMcC. FLD cmw Official minutes and record of action taken by the Spokane County Planning Commission at their regular hearing held on July 21, 1978. ~ . . ZE-35-78 - AGRICULTURE TO COMMERCIAL - DONINICK TOULOUSE I. FINDINGS OF FACT a) Land Use: 1 Site. Flower Shop & Residence 2 North: Single Family Residence and Real Estate Office 3. West. Vacant 4. South. Single Family Residence 5. East: Carpet and Furniture Store b) Zone Classiflcation: 1. North: Agricultural Suburban 12/3/57, and Residential Office 2/22/73 2 West• Conanercial and Residential Office 3. South. Agriculturai and Residential Office 4. East: commercial and Residential Office c) Regional Comprehensyve Plan - 1968 The Plan Map has designated this area as appropriate for Residential Development. II. SPECIAL FINDINGS: a) County Engineer's Office The County Engineer's Office has requested the following be considered, if the rezone is approved N o t e A11 requlred improvements shall be built to meet or exceed minimum County construction standards. 1 Applicant shall dedicate the East 10' and a 20' radius on the NE corner and tfie South 50' (for slope easement) 2 Applicant shall construct 5' curbs and pave right of ways to meet existing pavement. 3 Applicant shall obtain approval for on and off-site drainage plans and access permits before zssuance of building permits. b) Spokane County Health District: The applicant shall comply with rules and regulations of the Health District in providing for adequate sewage disposal All necessary Health District permits shall be obtalned prior to building permit issuance. c) Fire Protection: Mains and hydrants to be installed in accordance with the Spokane County Fire Marshal's requirements. , -19- Ij ZE-35-78 - AGRICULTURE TO COMMERCIAL - DONINICK TOULOUSE cont. d) Environmental Revlew: The staff recommends that a Final Declaration of Non-Significance be signed by the Board of County Corranissioners. III. CONDITIONS: If the Planning Cortanission approves this request, the following conditions shouad be considered: a) Compliance with all requests stated under Specific Information above. b) Improvments shall be in substantial conformance witfi the plot plan on file c) A landscape plan showing speciflc detail and accompanied by a per- formance bond shajl be approved by the County Zoning Administrator prior to building permit issuance. d) That the prvvisions of SEPA's Notice of Action pursuant to 43 21c 080 R.C.W. and the Board of County Commissioners Resolution #77-1392 be accomplished by the applicant within thirty (30) days of formal action by the Baard, as instructed by the Planning Department Staff. e) That, if after one year from the date of the Planning Commission's action, the applicant has not received final adoption of the zone change, the application is void - 20 - i ~ ra " STAT~ OF 1)F PARTMENT OF TRANSPORTATION WASHING?ON tlH► e0 Uzu i 2 tn.ynesi Utxy Lee Rdy t`fty il~ 2 111 Mayf at Stt"t G01!@I1TU1 Nntlh ( iersi#a! `)Idtum 5pc j4,nt Wuhuigt illwAh ~ t f, %*A July 18, 1978 1 ~ ~lt ~.coil ~v~►~ jP0Mr. Fred DaYharsh, Directar ~ Spokane County Planning Commaission North 811 Jefferson Street Spokane, Washington 99201 Spokane County Planning Commiesion Agenda July 21, 1978 Dear Sir: This office is in receipt of the agenda of your July 21, 1978 Planning Connniasion Meeting and would commnent on the following items. ZE-141-77 & ZE-71-78 This office would not oppose the rezoning of these parcele but would advise the applicanta that future controls on Sign Route 27 (Pines Road) could Xestzict acceae to right turn only movements along Sign Route 27. This office would also $dviae applicants to consider all access onto Pines via existing coumty road system inasmuch as the multitude of present accesses have caused traffic operatiou problems. If unable to comply with this restriction, all access oato Pines muet be applied for through the Department of Transportation. ZE-32-78 & ZE-31-78 Our previous statements are attached in ouY correspondence dated M8y 11, 1978. ZE-35-78, ZW-73-78. ZE-3-78, ZE-41-78? ZE-50-78, ZE-154-77. 2E-77-78,, Z$-64-78 j ~ This office would not oppose the rezoning of these parcele. , ~ This of€ice has no comment on ehe proposed amendments to tbe Spokane County zoniag ordinances. Very truly yours, . i O` f ~ ' yL-~ , 4~;ZRl H G, P.E. District Adminietrator WRH.mb r Attach cc: EWFerguson RREarnest Record Control ALA' , C i~~ ~ 7 - - - • , ; . PLANNING DEPARTMENT •J :~1 I I II ; :i1 { p PUBLIC WORKS BUILDING N. 811 JEFFERSON STREET PHONE 458-2274 ~v . . . .,rt . 7 ~ SPOKANE, WASHINGTON 99260 SpOKANC CaUNTY COURT HoUSE M E M O R A N D U M ToO. CD. &~.T1~ tJi sT. Qp51J.S Sf~ ~ t7uv~~R p~'~V ; 3't~s 1uS }}t~4e.~ ~u, grtw : R►jys S TauAC FROM: Spokane County Planning Jepartment North 811 Jefferson Spokane, WA 99260 509-456-2274 Attenti on : Te" Ky - REFERENCE: Lead Agency Destination, Threshold Determination, Staff Review, Environmental Checklist, map; all or some of which are attached. Pursuant to WAC 197-10-203 (3), the Spokane County Planning Department, a division of Spokane County, has determined that the County, as an ACTING AGENCY, is the LEAD AGENCY for the following project: Ze-- 35 '78 This determination was made in accordance with WAC 197-10-220. Information on file concerning this proposed action indicates your agency to be an AGENCY WITH JURISDICTION (WAC 197-10-040 (4) ) or an AGEPJCY WITH EXPERTISE (WAC 197-10-040 (3) Accordingly, if you wish to exercise your option to review and comment as pro- vided in WAC 197-10-340 a proposed Declaration of Nonsignificance was issued on ~ . Please resPond, if aPProPriate, at Your earliest o portuni y, ut no later than 9 ) ~ 7A The subject proposal or action (IS, r2RVW LOCATED WITHIN THE SPOKANE VALLEY SOLE SOURCE AQUIFER OR ITS VIATERSHED. Please advise us as soon as possible as to whether you feel an Environmental Impact Statement (EIS) or a Ground Water Impact Evaluation (GWIE), pursuant to the Environmental Protection Agency's Sole Source Designation or regulations pertaining to this designation, should be prepared. Enclosures FrLE 3 tr-- 7d G''~ . . STA~'~ ~ + e ,ia,~.9 R-E'~IEW I ~ k. . - - OF Q1'~l'v~LN'TAL CHEQLIST SPOKANE GOLJI+TY GflIY#7 F{4'USC In accordanee with the Spokane Ccaunty Environmental (]!-dinance and WAC 197-10, an Environmental Cizecklist has been submitted by the applicant or his agent. This checklist and any addi.kf.onal pertfnent d:ata has subsequently been reviewed by th e l. 4141.42 L A2 4 $°7A FF The following data briefIy describes the praposal: _ A. Action (s) Reques ted: ~V Zane Change,• Prelfminary Plat Approval: Fzna1 Flat Approval; Change af Condition 0 ther: . B. Descriptzan of Proposal: FiiOW1 l44 T'a C?w~wdlj?l rl"~5 &vs? .0`LOw rof %Sk" /-07- C. Lacatian of Proposal: 4OF ~MA44'V*` !f- 73"Jo f.e- J~► ~ . IZ. Review of Checklist: A. Slight adve: se impacts are nated uncier the failowing questions : (1) ~Earth (8) -k!!!~ Land Use (15) Ener9Y (2) &00' Air (9) Natural (I~) -Jge Utilities Resources (3) ~W3ter (10) Risk of {17} Human Upset Health (4) ,koo""Flora (11) Populatian (Ig) --j.,iA?sthetics (5) Fauna (12) Housing (I9) R:ec. (6) Noi.se (I~) Loolra.ns (20) Arch./ ~ Circ. Hist. (7) ~Light & (1.4) Public (21) Other Glare Servi.ces B. Potentially si nificant adverse impacts are noted under the following ques tions : ~O IV b~ C. Discussion of impacts identified above: NdA)6 III. Conclusions and RecommPndations: Based on this staff review of the environmental checklist, the staff: A. -too'000*Concludes that there are no potentially s?gnificant adverse impacts and recom:nends/issues a proposed declaration of nonsignificance. B. Concludes that there are no potentially significant adverse impacts and, because of the nature of the proposal, recomm'n-nds/issues a final declaration of nonsignificance. I C. Concludes that potentially significant adverse impacts do exist and recommend s/is sues a declaration of significance. i ~ IV. Staff inember( s) revi ewi ng checkl i st , ~r=3~-~8 ~ .1:~.~. ~ ~ ~ s GPOKAI{[ GSUhi♦ (.VyW[ M()US[. ENVIRONMENTAL CHECKLIST Introduction: The State Environmental Policy Act of 1971, Chapter 43.21C, RCW, requires all state and local governmental agencies to consider environmental values both for their own actions and when licensing private proposals. The Act also requires that an Environmental Impact Statement be prepared for all major actions significantly (and "adversely", as per WAC 197-10) affecting the quality of the environment. The purpose of this checklist is to help the agencies involved determine whether or not a proposal is such a ma jor action. Please answer the following questions as completely as you can with the information presently available to you. Please answer questions as "yes" or "m3ybe" if, in your opinion, even only slight impacts will result. The reviewer5 of the checklist will be aware of and concern themselves with the dectree of impact, asking you for more informa- tion, if necessary. Where explanations of your answers are required, or where you believe an explanation would be helpful to government decision-makers, include your explanation in the space provided, or use additional paqes, if necessary. You should include references to any reports or studies of which you are aware and which are relevant to the answars you pravide. Complete answers to these questions now will help all agencies involved with your proposal to undertake the required environmenral review without unnecessary delay. The following questions apply to your total proposal, not just to the license for which you are currently applying or the proposal for which approval is sought. Your answers should include the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow all of the agencies which will be involved to complete their environmental review now, without duplicating paperwork in the future . No application shall be processed until the checklist has been completed and returneci to the appropriate County department. State law requires explanations for every "ves" and "mavbe" answer on the checklist, The person completing the form may be required to provide explanations for "no" answers, and in same cases, more detailed information to aid in a threshold determination, NOTE: This is a standard form being used by all state and local agencies in the State of Washington for varlous types of proposals. Many of the questions may not apply to your proposal. If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM 1. BACKGROUND 1. Name of Proponent: L? yy"Z, 2. Address and Phone Number of P_rQponent: r 1 3 5, ,^-t e- Da , "~1"i (7.ck s tAL)r% , 9 9,;2 i ~ J 51 .7 j- 3. D-3te Checklist Submitted: bZ, 4. Agency Requiring Checklist: Spokane Countv, Wa, 5. Name of Proposal, if Applicable: - ~ (IF SPACE FOR E{PLANATION IS INADBQUATE, PLEASE ATTACH ADDITIONAL PAGES.) 6. Nature and Brief Descri.ption of the Proposal (includinq but not limited to its size, general design elements, and other factors that will give an accurate under- s tand ing of i t s s cope and na ture) : L ~ r' c r sJ~Si_ c t a~ tij ~ r t sra (;~_f ~ / e ~ ,C1, 1 cA_ ~ ~ PS-4 It-4 ~O COV<°-r ,t►.LeS rjhC~• ~ 7. Location of Proposal (describe the physical setting of the proposal, as well as the extent of the land area affected by any environmental impacts, including any other information needed to give an accurate understanding of the environmental setting of the proposal) : bC1Ve. 0 L L4J e r ,5 cl -tft Cd* . 8. Estimated ate for Completion of the Proposal: ~//A 9. I.ist of all Permits, Licenses or Government Approvals Required for the Proposal (federal, state and local - including rezones): 10a. Do you,or the owner !n the event you do not own the subject land, haue any plans for future additions, expanslon, or further activity related to or con- necte¢ with thls proposal ? If yes, explaln: . t~;ti o t ~ /=-7,pr ~d ~d cts ,P u S~~ lOb, Do you own or have options on land nearby or adiacent to this proposals location? If yes, explaln: , __y e 1 }~W C, 111. C~, 1~,.7C" 4 -a s _kX4 a ~ c-e ~ +o +AnI,'3 ~ 11, Do you know of any plans by others lncluding the owner which may affect the property covered by your proposal or land adjacent or nearby? If yes, explaln: 12. Attach any other application form that has been completed regarding the proposal; if none has been completed, but is expected to be filed at some future date, describe the nature of such application form: II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are requit'ed) Yes Maybe No 1. Earth. Will the proposal result in: ^ (a) Unstable earth conditions or in changes in qeologic structures? . . . . . . . . . . . . . . . . . . ~S. • (b) Disruptions, displacements, compaction or overcovering of the soil? . . . . . . . . . . . . . . . . . . Z _ . . , (IF SPACE FOR EXPLANATION IS INADEQUATE, PLEASE ATTACH ADDITIONAL PAGES.) Yes Maybe No (c) Change in topography or ground surface relief features r - a (d) The destruction, covering or modification of any unique geologic or physical fea tures ? . , , , , , , , , , , X (e) Any increase in wind or water erosion of soils, either on or off the site? . . . . . . , . . , , , , , , (f) Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake ? . . . , , . . . ~ Explanation: . . ~ Y.ea Ma,xhe No 2. Air. Will the proposal result in: (a) Air emissions or deterioration of ambient air quality? (b) The creation of objectionable odors? . . . . , . . , . ~ (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? Explana tion: • 3. Water. Will the proposal result in: Yes Maybe No (a) Change in cunents, or the course or direction of water movements, in either marine or fresh waters? (b) Changes in absorption rates, drainaqe patterns, or the rate and amount of surface water runoff? (c) Alterations to the course or flow of flood waters (d) Change in the amount of surface water in any water • body ? . . . . . . . . . . . . . . . . . . . . (e) Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxyqen or turbidity? ~ (f) Alteration of the direction or rate of flow of ground wa ters ? . . . . . . . . . . . . . . . . . . . - ~ (g) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavatfons ? . . . . . . . . ~ (h) Deterioration in ground water quality, either through direct injection, oi- through the seepage of leachate, phospates, detergents, waterborne virus or bacteria, or other substances into the ground waters ? , . , , (i) Red,lction in the amount of water otherwise available for public water supplies ? . . . . . . . . . . . . . x Explanation: -T T ! Cp7,S e J 4'Q 12. (J- , e ,?~S . t~f C1 S 6 r ai+e-`r' e ci • ' Lb e - I ~cL.5 e- %A.Z4~ ccn--r~LAS e- Q -3 - ~ (IF SPACE FOR EXPLANATION IS INADBQUATk PLEASE ATTACH ADDITIONAL PAGES,) Yes Maybe No 4. Flora. Will the proposal result in: (a) Change in the diversity of species, or numbers of any species of flora (including trees, shrubs, grass, crops, microflora and aquatic plants) ? . , , . . , . , (b) Reduction of the numbers of any unique, rare or endangered species of flora? . . , . . . . . . . . , ~ (c) Introduction of new species of flora into an area, or in a barrier to the normal replenishment of existing species? , , . . . , , . , . . . . , . , ~ (d) Reduction in acreage of any agricultural crop ? . . . . , V-- _ Explanation: C - S. ~ S e S W:. L,~ t! Ccit Yes Mavbe No S. Fauna. Will the proposal result in: ~ (a) Changes in the diversity of species, or numbers of any species of fauna (birris, land animals including ~ reptiles, fish and shellfish, benthic organisms, insects or microfauna) ? . . , . . . . . . , , . , , ~ (b) Reduction of the numbers of any unique, rare, or endangered species of fauna ? . . . . . . . . . . . -K, (c) Introduction of new species of fauna into an are3, or result in a barrier to the migration ar movement of fauna? . ~ (d) Deterioration of existing fish or wildlife habitat? Explans*ion: Yes M.3ybe IVo 6. Noise. Will the proposal increase existing noise levels? Expianation: Yes May~e No 7. ~ht and Glare. VNill the proposal prc~duce new light or glare? Explanation: ~ • Yes Mavbe No 8. Land Use. Will the proposal result in the alteration of the present or planned land use of an area ? . . . . . . . . . . ~ x ~ Explanation: S . ~ ~ I ~ (IF SPAGE FOR EXPLANATION IS INADEQUATE, PLEASE ATTACH ADDITIONAL PAGES.) Yes , Iaybe tio 9. Natural Resources. Will the proposal result in: (a) Increase in the rate of use of any natural resources ~ (b) Depletion of any nonrenewable natural resource? ~ Explanation: Yes Ma Xbe NL:) 10. Risk of Uoset_ Does the prnposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation) ~ in the event of an accident or upset conditions Explanation: Yes Maybe No 11. Population. Will the proposal alter Che location, distribution, density, or growth rate ot the human population of an area? . . . . . . . . . . . . . . . . ~ Explanation: 12. Housinct. Will the proposal affect existing housing, or ~ create a demand for additional housinq ? . . . . . . . . . Explanation: Yes Maybe No 13. Transportation/Circulation. Will the proposal result in: (a) Generation of additional vehicular movement? X- (b) Effects on existing parking facilities, or demand for ~ new parking ? . . . . . . . . . . . . . . . . . - (c) Impact upon existing transportation systems? . . . . . ~ - (d) Alterations to present patterns of circulation or movement of people and/or goods? . . . . . . . . . x' (e) Alterations to waterborne, rail or air traffic ? . . . . . . ~ (f) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians ? . , . . . . . . . . . . . Explanation: i.Vp u ¢ . c c, ~ ~-S e s s ~J ca ~ ~ ~ ~ + ~ •1, ~ t~-~- i c. a c 5..N6. r - i -S- i (IF SPACE FOR EXPLANATION IS INADEQUATE, PLEASE ATTACH ADDITIONAL PAC3ES.) Yes Maybe No 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas ? (a) Fire protection? . . . . . , . , , , , , . . . . ~ (b) Police protection? . . , . . , . . . . . . , . , (c) Schools ? . . . . . . . . . . . . . . . . . . . ~ (d) Parks or other recreational facilities ? . . . . . . . . ~ (e) Maintenance of public facilities, including roads? (f) Other governmental services? . . . . . . , . , . . £xplanation: •06 Ye s Maybe No 15. Energy. Will the proposal result in: (a) Use o# substantial amounts of fuel or energy? x (b) Demand upon existing sources of energy, or require ~ the development of new sources of energy? ~ Explana tion: ' Yes Maybe No 16. Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities: (a) Power or natural gas ? . . . . . . . . . . . . , , (b) Communicatlon systems? . . . . . . . . . . . . . (c) Water? . . . . . . . . . . . . . . . . . . . ~ (d) Sewer or septic tanks ? . . . . . . . , . , . . , ~ ~ .X (e) Storm water drainage? . . . . . . . . . . . . . . (f) Solid waste and disposal? . . . . . . . . . . , . A Explanation: Yes Maybe No 17. Human Health. Will the proposal resLilt in the creation of any health hazard or potential health t azard (excluding mental health) ? , , . . , . . . , . . . . . . . . . . Explanation: -6- , f (IF 'SPACE FOR E{PLANATION IS INADEQUATE, P:,EASE ATTACH ADDITIONAL PAGES.) Yes Maybe No 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the pro- posal result in the creation of an aesthetically offensive site open to public view? . . . . . . . . . . . . . . . . . ^ Explanation: Va L',v.~ Q.4--Ak- y e. u v- e., . . AV 'Z) + L'ej . , c c....S-,~.{ P ``Q.~. s \ . ~ ( t,,,L L ~ J v~ ~ ~ r. v~ 0 -Q t} ♦ ~ w` ~k ~C_ \ ~ Yes Maybe No 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities ~ Explanation: `_'es N1~3ybe No 20. Archeological/HistoiZCal, W-,11 the proposal result in an alteration of a significant archeologic~:l or historfcal site, structure, object or building? . . . . . . . . . . . . . . ~ Explana tion: III. SIGNATURE I, the undersigned, swear under the penalty of perjury that the above responses are made tnuthfully and to the best of my knowledge. I also understand that, should there be any willful misrepresentation or willful lack o f full disclosure on my part, Spokane County may withdraw any declaration of nonsignlficance that it might issue in reliance upon this checkli st o . / Date: Proponent: t (Please Print or Type) Proponent: ~ ~ ~,.,~v.. ~ vv~- S ~ Address: /If G D 4 K- -L, l ~ ~ ` ~w..•.,..e ~~~(o Phone: Person completing form: Phone: Da te: Dapt, or Office of County Reviewing Checklist: t Staff Member(s) Reviewing Checklist: zlit) ~ ►1711 T - -7 4 -F t - r ~ v ~ r~ O E CHANGE PRE-APPIICATION ~ ~Cj Date / 7J> Appltcation No 5-7 Name of Applicant ou/oevJ'e . f, /oZ3 ~c.~czebe Pe-e Street Address City: SP06*-vP State ~~'stC Telephone No. W( Existing Zone Classification C;~ZZ4.4 2e Existing Zone Classification Established. 37- ~Z Proposed Zone Classification ct--g Propo sed Use of Properry•_,&-v4tcZNo. of Acres_4L*/V Lega 1 De s criptiopL ot Property 42 S-/-/Z/ ,E, 3 3 0' ~ ~ ~ t / • ~ f ~S/ ° ~ ~4r ~ C~ C ~l SS/ /Q ~ i . ~ ' 62 /G O~ o~ ,E 33 C3 cV ~/SC) -!~oo CcCO~ C ~ ~ Section Township. SA✓ Range Street Address of Property: g5 Who Holds Title to the Property. If you do not hold tftle to the property affected by this application, what is yo ur in tere s t in it ? c~O-erc~.~e -V4 .~kz4w oc'.6 • ~ SPOKANE COUNTY PLAN1vING COMMISSION Couut House, Spokane 1, Vliashington APPLICATION FOR LOCAL BUSINESS QR COMMEROIAL ZONE PART I• Information to be furnished the Planning Commission with an application for a Zone Change to Local Busine s s or Commercial. 1. Development Plan - a scale drawing of applicant's property and surrounding streets showing. a. Size, number, and type o# proposed establishmertts; b. Off--street parking and loading areas proposed; c. Proposed acce s s and egre s s points (curb cuts), and d. Landscaping, screening, or fencing proposed. 2. Economic analysis fndicating the need for the proposed development which i s to include. a. Type and size (square feet of sales space) of each establishment to be built within the area propose3 to be zoned; b. Number of spaces of off-street parking proposed, c. E stimate of annual s ale s ne eded to support e ach e stabli s hment, d. Location of and distance from nearest competitive facilfties, e. Estimated market area of establishments within area proposed to be zoned (indicate on a map showinq the vicinity of proposed zone change), and f. If estimated market area fncludes competitive facilities, indicate percentage of sale s expected to be received by proposed facilitie s. 3. Furnish a letter from a Tftle Insurance Company, showing the property owners of record, their address, wfthin 400 feet of the exterior boundaries of subject property. PART II• Date, 71 , Application No.. IVame of Applicant• TQ_U_~ e Stre et Addre s s• C ity. State : Telephone Number. UJ4,~-~2 ` 1 Existing Zone Classification; araw:_4~~ , Date Existing Zone Classification Established. 7- ~ ~ Proposed Zone Clas siff cation: _~~.j ~~i►~~ ~ Proposed Use of Property: W v No. of AcresJ i . 1 Legal Descriptioa cf 7rdperty: 16 - Al zl ~ 3 D 6-1 . Section. 6 ~ Township Range: Street Addre s s of Prope rty; 1,-3 J ~ Who Holds Title to tho Property: If you do not hold title to the property affected by thf s application, what is your intere st in it ? A SKETCH OF THE AREIk PROPOSED FOR A ZO1VE RECI.ASSIFICATION MUST BE ATTACHED WITH THIS APPLICATION. THE SKETCH MUST BE ON A SCALE OF 1" -400' . iVIaps may be secured from the County Engineer's Office, Court House. ALL OF THE FQLLOVvING QUESTIONS MUST BE ANSWERED. 1. What are the changed conditions which are alleged to warcant other or additfonal zon / S . 2. What facts justify the proposed zone reclassification based on the advancement of the public health, safety, and general welfare? 3. Vvhat effect will the proposed zone reclassiftcation have on the value and character of ad j acent property ? I ~ J 4. Can a reasonable retum from or reasonable use of the property in questian be secured under the existinq zone classification? A1VY APPEAL FROM ACTION OF THE COUNTY PLAN1vING COMMISSIOIV MUST BE PRESENTED IN WRITING TO THE BOARD OF COUNTY COMMISSIONERS -WITHIN TEN (10) DAYS FROM THE DATE OF PUBLIC HEARING HELD BY THE PLANNING COMMISSION. r , ~ (uigned) Z E-3 5-7 8 A hearing to consider changing the Zoning Map from Agricultural to Commercial on property described as the East 330 feet of the NW 1/4 of the NE 1/4 north of C.M.St.P. & P. R.R. r/w, except the West 100' of the East 330 feet of the North 150 feet, in Section 22, Township 25 N., Range 44, E. W. M., Spokane County, Washington. (West of Blake Road, south side of Sprague Avenue.) AFF'IDAVIT 4F POSTING STATE OF V'lASHINGTON ) ) ss COUIVTY OF SP4KANE ) , betnq first duly sworn on oath, deposes and says: That I am a cttizen of the Untted States of Amerlca, and a resldent of Lhe State of Washington over the age of 18 years. , That on the day of 19 I personally posted one (1) or more true and correct copies of the hereto attached and incorporated heretn by reference 1VOTICE OF PUBLIC HEARIIVG In a consplcuous manner at each of the following locatlons, to-wlt: 1. -L &L Z04o"IA J24a am ~ foA ~ r S 2. 3. DATED THIS DAY OF , 19 . r SIGNED Subscribed and Sworn to before me this day of , 19 Notary Public ln and for the State of Washington, residi-ng at Spokane, WaShingtor ~ SPOKANE COUNTY PLAN111ING DEPARTMENT ZONE RECLASSIFICATION CiiECK IZST Applicants Nanne Address Tel. No. Appliaants No. u~"~ l:~ ~°~C~~~ • ~ - - ~ initials PRE-APPLICATION FEE, ($10.00), RECEIPT NU MBER , (date) APPLICjUION APPOINT IVM (date (time) JPAP4 1 627 7 S' ENGINEERS SECTION MAPo ASSESSORS SECTION MAP. (Legal Description, 400' Boundry). ZONE C HANGE APPLICATION. ;ZOATING WORK SBEET. ENVIRONMENTAL CHECK LIST. PLOT PLANS (5 Black Line). PHOTO'S (EM" and Discrlpt,fon) FILING FEE (s) RECEIPT NU MBER APPLICATION NUMBER.04:z-- 367-;7F PROPONENTS NA1VE PART II. RECORD PARCEL NUMBERS (Within 4000) ON LAND FILE POLL CARD FORM ~ 7/ (date) MAiL HEARING NOTICES TO SURROUNDING PROPEItTY OIVNERS te POST SURROU NDING AREA* (date) HALTH DISTRtCT, FIRE MARSHAL AND ENGINEERS REVIEW (Plot plan and legal). PLOT PLAN AND AGENDA TO GRAPHICSo MAIL NOTICE AND AGENDA TO CONCERNED STATE DEPTS o AGENDA MAILED TO l1PPLICANT o (date) FINDINGS PREPARED. PART III. MINUTES MAILED TO APPLICANT. (date) HEARING FINAIIZATION (Conditions . o oETC o ) RESOLUTION TYPED o COUNTY COMMISSIONERS ACTION (RESOLUTION) (date) . _ - r° ~ _3a _ ~ - F O R INI G ZGNZNG ti1TORKSHEET This document will provide the Planning Department Staff with written verific3tion that : Th ^ :.i t-.3c-z 1c- 7.a.1 ,-ipSCr'4ot11T1 haS h°eI1 r?v1E".,Ved ZP.d apDrroi,'v"d I-y d l1C°T"iserl s urveyo r . 2. That. the proposed development meets the requirements of the County reait7 District, the County Engineers and the County Utilities Department. 3. That the proposed development can be provided adequate w3te: i: c u;,.mesr;V ~ o mr,i e .rci c r r_ ati`~; . _ . _ S . An appiic~.a•ilL ls required ~c pr esent a copy of rhe proposed cievelopment plan 'Co of the above listed agencies for their review and deterr-`--=`--~ -'proposal L-neets minimum State and County requicements PART I- To be completed by Licensed Survevor. The legal description for Zone Reclassificatian , has been reviewed by me or under my supervision in accordance. , , c, - '7 / I 00 5 Signed i;aza ~ E. ~S S1,, ~ . Aso . 9967 ~ NAL PART H - To be clor:,,plet-ed bv r ealth Dist: ict ~riealth Dist;ict require.ents ior .ne proposeci dzvelopment have been satisried. , I S t w e r ~ , r y ~ . , Signea. ~at~ Commer.ts: +r. Zonincx Worksheet (Continued) PART III - Ta be campl eted by Ca untv Enq ineer Spokane Cvunty Engineers requirements fvr the proposed development have been .r + `4 ~ Signed ~ Da te Cvmments: PART TV - To be cQmpleted by St)okane Countv Utilities Department Spoicane Gounty `Ji:f].iiies DepaitinerzL requirEiircnts foc&ie prcposed Cevel;pment been satisfied. . 7-1 e~ Signed Date Co mment s : ~ PART V- To be completed by Water PurvevQr , y.y i~i ~ ~aO~:.~~.--.~ ~ewelopT7141t fioc°'~'} Led t!~ithin Ll'ie IIERti district boundaries. We are able to supply this develapment with adequate water. ~ ct P'L.ZI'V@yU OftamF? Dat@ ~ §igned Title ' Camments: gLe- 2 , , ` y Zoninq Worksheet (Continued) PLANNING DEPARTMENT REVIEW: A. An engineering report and plans for the proposed sewage system REQUIRED YES NO B. A storm drainage plan for the proposal RTQUIRED YES NO C. A Specific landscape plan REQUIRED YES NO D. Other Plan requirements or Comments: DATE ZONING ADMINISTRATOR DATE CURRENT PLANIVING ADMINISTRATOR -3- N377 3~ £ Ya3 4 9 5 i 1• A ( v ,a ~ ~ V ° ~P~ l ~ ~ Ir~1 M A1 ~~A►~ a~ SP T fT l.E • . ~ o ~:..J f A ~ys .~L AM -E~ ~1 ~ ~ oKANE : 3 N„~ ~ FlRST AyE r ~ . ~04 9920d ~ ~ ao ~,NE, W A ,P Y. -n550 ~ •.~C? f ~ ~ ; ~ _ ~ • r ~ r ~ ~ A c , . ~i- 141 41 o r,^ y ~C 49 1 . _ zz s r : . ? 2 r~ ~ , JA N ~ ~j ~•k 1 t ,y ~~~~~i' ~ ~ 30 ~ -..i ~ 0 ~ THA I ~YJr~j • 1 ~ AF ~iv A p p, ~ `JJ 46 A K .09"` L < t 1` ~ . p,M ~104 •~~y~{,J ~ R a ol/ 0 3 ' p Ay ~ ~ ~ a3 1 ;"~ta o 1~ i. _ ' , 1 ,h S ~ ~ ' _ ,h • _ - LF 1 ~ f/-- ~ ~ ~ la..- _r, G '~I.~l ~1• ~ ~ ~ t CT~~ ~ 1 1 ~ a ~ D `17`1 Q S V l ~ ti ' ~4 1~~• S tr Al J v BL LJ~B! M Fr Iq~~~ L r~~ ~ ~ ~ ~ ~ ~t acl1C~ L1171L' ~ill[j p~~IC~E~ tiny intE'C('.5rccl ~ersc~~n ni iy ~~p~ar fnr, or against, the granting of t}1i$ ~p~licatian, AGEN~~,, JULY Z1, 1'~7~i `~~LEPH~NE Na.: 455~2274 SPaKANE C4UNI'Y ~'I.I~NNING GUM vI`SSION ~ Tima: ~'r}c~ay, July 21 ~ 1978 , 1:30 P, M. - ~lac~: I~rc~ac~way C~ntr~ Building, S~can~ I'loor tr ` Nnrth ~21 J~ff~rson Street, Spakane Z~N~ RECLA S ~'IC.~TI0~1 ~ 10 , Z E-~5-7 $ . ~1~~..~~i~l Location: Section 22,Township 25 1V,,Range 44,~,W,M, Thi East ~30 feet of kh~ NW 1/4 of th~ NE 1/4 north of C.M.SI.f', & P, R,R, riyht af way, except th~ V~fc:st laU' of the East 330' of the Nprth 150' in S~ctian 22. b. Applic~nt: Dc~minic~ Taulouse EasC 1~418 5prague ~venue Sp~kane, WA 99~16 c. Sit~ Size: 4 1/~ Acres d, Existing ZQninc~: l~gricultural, estab~ished M~~rch 27, 1942 e, Propos~d Zoning: Cammercial f, Prop~sed Use ~f Property: Retail l3usiness g, Applicat~on o~ Zoni~~g Prov~sion; C~apter 4.21, Section 4,~1,04Q h. ~nvironment~l Im~act: A kopic af discussion at this hearing m~y b~ whether or not this prnposal w~ll h~ve ~ significant adverse enviranm~nt~l fmpact, T ~ a s~ ^ ~ ~ ll ~ ~ f` f~ r~ ~k x Q ~ ~ ~ r ~ ~ ~ W h ~ K~ QYE y wis q.~~ J 1 _ ~L ~ ~ ~ Q ~ • ~ ~ 2 ~ ~p ~ . . x ~ uh~ L~Y~M1{( ~ VALL~Y ~ry/Ay ~ . ` r~ ' ~ ~ Y~ . • i.l/' ~ ; ~ O ~ - ~ T W M~iN ~ M. ~ ti,.. N ~ q cri ,~lY~ IH , ~ 7 _ - + Q~ ~ • _ • W ~ I~IVE~t~jIDEr W R~lp ~ r Y ~ ~e~ ~ ~ x , z ~ r PA GUE~ vf. ~ W ~ , , , . ~ , _ ~'iCE ~0 23, 4 ' " a ~ J ~ _ - . , . _ , ~ , i ~ - ~ 11 ~ 1 . - . - - - ~ y _ - _ ` Av.~ I = l o~b , , ti ~ f 1 p 4 r H A v E ~ ! ~n ~ ,r , r__ . n V a cwsP a~'' d y l ~ ~ ~ , s-?e~~,, TH `S`, N i ` p e'~~"" . . . , ` ~ ~ v ~ ~ . ~ ~~i,l,f+ , ~ , v C ` ~ : ~ ; '`y`r ~ , ~ ~c 1 ~ p~' T~ a J~ 7 T►, ~o ~ ~ ~ r . a a ~ ~ ~ ~ 1~ T ri ,Av ~ ~ ' ~ 72 ~ _ : ~ : -14- FOiiM 844 PLNG. ~ ?;IST OF OWNERS AND PER~ONS YING TAXES ON PROPERTY Spokane County Code Number: ZE-35-78 Qwners and Persons within 400 feeto Application is for a Zone Reclassification from Aqrtcultural to Commerclal Certification of Title Compan,y: I hereby certify that the following list of names and addresses consisting of this and the following pages has been prepared from the latest available records and i the best of my knowledge correct. ` ~ • Signed by For Title Company) Date :~~SPOKANE COUNTY PLANNING COMMISSION PROPERTY OWNERS NOTIFICn LAST GRANTEE IN CHAIN ? OF TITLE (0) AND ADDRES~TE: ~ ~ i~s A,DIlITION BLK ae-Z PERSONS PAYING TAXES (T) BY: J L Grassman 0 VER.A Pt of B 1k Be ! g • Pt 50 ftN&2 S ftE T~ Pac Nat Bk of Wash 3069788 ~ e of SW cor th N~par with ti1L 328 ft th par with o sL t 1 298.7 ft W of L when T! ~ meas at R/ N L of RR th W to OB Exc 0 I W 70 ft of S ~ f (Parcel No. 15 44-1909) T ~ pl Joseph D Evans I E 6719 9th Ave ~ VERA Pt of B 129 50 v I Jos e h D Evans . ~ S1 cornth 2N5 13 ~ o f Tr P t E 70 i%~~ ft th S 130 ft th W 70 0, ft to FOB Ti + (Parcel No. 15 44-1911) ~ plFred C Byers I E,,-1~511 Spr e Ave I VERA Pt of B la9 Beg on - T Fred C Byers ,,e NL of RR R/W 5 ft N and 155 ft E o SW cor ~ OI ~~t th2N512S iht th3~328 ft T ( I ~ (PaW 70 Nt to OB _ ~ I ) 0 L Gillespie 6263 Tillamook VER.A P , S 205 ft of E 35 ft of Jerry W Kimbrou~h l, W 1~5 f (Parcel No. 15 4-1905) 0, ~ I Ti ~ ~ r--~--~ ~ ;l liJ, a o Gene R Achz i er ~ I .ch p ~ ~,6f t f 170 . 5 ~of S~ 344 Zipage T~ Seafi.rst Mtg Corp I RF 107546 4 I 'ft of W ' (Coritinued on nex, (Parcel No. 15544-1906) ~ ~ LIST OF Oy1i"1ERS AND FERSGPIS FAYIIdG Ttt~ES GN PkOFEkTY LAST GRANTEE IP1 CHA IN ' ADDITION Or TITLE (G) AND ADDRESS ~ LOTS BLK PERSOTIS PAYING TAXES (T) , ~0 James S Black 500 Columbia Rld ~ VERA McCABES -HOME TR.S / o( Ptn of Lot 16 B 1 DAF: ~'T James S Black & Co. , _M B eg at SE cor of sd lot ~ th N alg E ln 213 ft th 0 ar with S ln sd Lot 67.46 ft th S par with T E ln sd Let 33 th tisT par ~ with S ln of sd Lot 35 ft 0 th S par with W ln of sd Lot 16 180 ft to South T ln th E 102.45 ft to POB (Parcel No. 15544-2525) 0 T ✓'p Ron L Mason ~10912~20th Ave VERA McCABE NM TR L 17 B 1 ~ arce rto. 1 5 - 517 j'T Ronald L Mason 75 0 T ~~a %p Hannah Becker E 13417 Sprague Ave RA McCABE I-~M TR L 18 B 1 arce o . 15544-2518) T Van Valkinburgh G E `N ; 0 ~ V p B R Harden N 102 McCabe Rd ERA 1"IcCABE HM TR L 12 B 1 / (Parcel No. 15544-2512) ` T B R Harden 0 T ~t/~~ s2..~~ _ _ p J Naccarato E 10804 Main Ave ERA McCABE HM TR L 14 B 1 ✓ Parcel No. 15544-2514) T Jay Naccarato 0 I . T 4 'Continucd on nexf- r,i,-s;o - - _ . _ ' ~~~1- LIST OF 0VlNERS AND PLTSGPIS FAYING TAXE;; GN FROPERTY LAST GRANTEE IN CHAIN ~ OF TITLE (0) AKD j ADDITION PERSONS PAYING TAXES (T) ADi~RESS LOTS BLK R G Berg N 110 Blake Rd VERA Pt of B 129 N 89 ft of S 433 ft of E 170.5 ft ~fi Russell G and Anna V Berg of W 190.5 ft (Parcel No. 15544-1907) _J T 0 L H Stecker N 105 Blake Rd VERA McCABE HM TR 1 21 B 1 ' (No. 15544-2521) Louis H Stecker j 0 ,l_;/`u't T ,,,p Jamison Et al E 11123 30th Ave VERA McCABE HOME TRS Lot 16 B 1 Exc Beg at SF, /T W S Jamison ~ ln 213 f t th TrT par to S o - ~ ln 67.46 ft th S par to E ln 33 f t th W par to S T _ ln 35 f t h S wi W ln of Lot 16 180 ft to S 0 ln of Lot 16 th F 102.45 _ -f t to POB T Parcel No. 15544-2524 . . ~ p R W Kiser ~ VERA McCARE HM TR L 20 B 1 • (parce Jo. 15544-272.7 ""'T Fid Mut Sav Bk 3 1 13909 , 0 T ,rp Doro thy P Hough N 19 Ii 1 ake Rd. Mc CABE HM TR L 19 B 1 - - T D P Hou h f' ~rcel No. 15544-2519) , o i- ~ ✓ T ~ 0 T (Continued on next page) - - - - - - - - - - ~l LIST OF 04JNERS AND PERSONS PAYING TAXE~ GN PROPERiY LAST GRANTEE IN CHAIN OI' TITLE (0) AND ADDITION PERSONS PAYING TAXES (T) AD~RESS LOTS BLK ~ r 0 C G She rwin 2 2 25 44 j~l 1 38 ft of N 1 X Jr~- 195 ft of E 1078 ft of ~ Fid Mut Sav/Bk 1 1 31294 1 r1E 1/4 nf T1F. 1 44 FXr ro . Rd (Parcel No. 22541-9159) 0 . . i T I ~ o Fred Voliva ' y~-(Dyp~,g' ~ 22 25 44 t~T 99 ft of NEl/4 ~ - ~ of NE 1/4 lyg N of RR 6f' Fid Mut Sav Bk I 3 1 30383 3 I R./W F~ ~ 380 ft& Ex~ Co Rd (~~Parcel 0 I No. 22541-914Q) T ✓ ~ U Roger E Grenz rala, ~ LEATNA LAI1E ADD L 1 B 1 ~T Col 042772 (Parcel No. 22541-1501) 0 i T I ~ ~ p Ron 1`2 Sommar s ~,golv ~ ~~~%u.~.,~ LEATHA LANE ADD L 1 B 1 ~ (Parcel No. 22541-1601) T Spo Mtg 0005950 . o ~ T ► I ~ Dickens LFATHA LANE ADD L 2 B Z TCol Mtg I 146 8092 0 9 (Parcel No. 22541-1602) 0 I I T I 0 ~avid Asbury LEATH ~ A LANE ADD L 9 R 2 I ! . I(Parcel No. 22541-1609) T Bancshares Mtg 08 4 o l I T i ! ( Continued on next page ) LIST OF 0WNERS AND PEI2SGI'JS PAYING TAX~; Oid PuOF'EF:^iY LAST GRAPITEE IN CHAIN ADDITION OT' TITLE (0) AND ADi~RESS ~ LOTS BLK PERSOPIS PAYING TAXES (T) , ✓ !VERA 0 J Naccarato F 108J4 Main Ave McCABE HM TR T Jay Naccarato L 15 B 1 ~ l(Parcel No.1_5544-2515) ~ _ 0 7 - A T 0 Tony J Destito N 7 McCabe Rd VFRA McCABE HM TR Exc i T 13 T'~'ony Destito j r(Pa~cei No121554~-2 2613) , T , 0✓A I Willcocks N 11 McCabe Rd VER.A McCABE HM TR N 80 ft L1T _ 13 B 2 li~ A Irene Willcocks (Parcel No. 15544- 2612 . O ~ r,~~ ~~i 1f1~.~~-fjR%-~ I •'/J ~`l c.`,Cc/ .L_ G~ r T ✓ -C 71~ p Margo J Rayburn E 422 38th Ave ER.A McCABE HM TR L 11 B 2 - arce o. 55 .-26 1 T Margo J Rayburn T 4' ✓ ~ ' 0 P &''R ompariy E 2720 Sinto Ave 2 25 44 Be on SL of St ~Grant Tombari / ~'NE9~/~ttg Efl~ ~t ~ 1/4 125 ft th ti.1 110 ft th - .1.25~t-ri ROB Parcel No. 22541-9024) m 1 ~ pPAR Realty Co F 2720 Sinto Ave 2 25 44 Beg at Dt on SL f St Hwy 495 ftE of T1TL of T Grant Tombari -NIJ ll4 th S 125 ft- t-o firue ~ OB th E 110 ft th S 125 ft ~ ~ , Tj 110 f t- t-h N 129 f r, to ~rue POB (Parcel No. 22541 (Continued on next pagt ) itj~a LIST OF OWNERS AND PFaZSGNS PAYING TAXES ON PROPERTY LAST GRANTEE IN CHAIN ' ADDITION OT' TITLE (0) AND pDDRESS ~ LOTS BLK PERSOPIS PAYING TAXES (T) , ~ 'Shaw ' LEATHA LANE ADD L 8 B 2 T`1", Bancshares Mtg 15 00893 i(Parcel No. 22541-1608) ~ 0 ~ ~r,• ~ ~.l2.[dr' T 0- S R " ~ E 13215 4th Ave 22 25 44 W 175 ft of E 495 ft oft of ptn of NG7 T Charles J p I 1 4 of NF 1 4 5 of CMSTP&P 'RY Co R W (Parcel No. o - 22541-9107 T -l 0 T 0 T 0 T 0 ' T 0 T 0 T 0 T 0 T I - r (Continued on next page) I I LIST OF 0W►VERS aND PERSGI'1S PAYING TAXES GPJ PROFF RTY LAST GI7ANTEE IN CHAIN ' ADDITION OF TITLE (0) AND ~ PERSONS PAYING TAXES (T) ~Di~RESS LOTS BLK , ~e o PAR Realty Co ~ E 27S nto Ave ~ 22 25 44 E 495 ft of W 990 t o tn o o f T Grant Tombari INE 1/4 of CM STP&P RY R/W Exc Beg on SL of St Hwy 495 , NE ~ 1/4 th E 110 ft th S 250 ft T t-h W 110.. f t- t h rT 2.50 f t- t o POB & Exc E 270 ft of N 250 ° ' f t.s o f ...LUE ! (Parcel No. 22541-9023) T pPAR Realty Corp E 2720 Sinto Ave 22 25 44 Beg at Pt on SL . of Hwy 990 ft E of NW cor T'Grant Tombari of Nj,T 1/4 of TIE 1/4 th S ~ 1250 ft th W 270 ft th N o .~11 50 ft th E lOQ ft th N 200 ~ t t. E 170 t to POB T (Parcel No. 22541-9021) 0 T ~ t o PAR Realty Co E 2720 Sinto Ave 22 25 44 W 100 ft of E 270 t o N 200 t o T°"'Grant Tombari W 990 ft of Ptn of NW 1/4 ~ S o Hwy oJ , ,~C ,(Parcel No. 22541-9022) T ~ , o~Charles Jaap E 13215 4th Ave 2 25 44 W 175 ft of E 495 T~F t o W 990 t o tn of To"Charles H Jaap FT~ 1/4 of T1F 1/4 S of CMSTP&P . R~ arce o . 22541- 207) 0 T p`~D G Hundeb y ~ ~ o - 2 25 44 W 220 ft of E 320 I T~ancshares Mt A 1500828 t of W 990 ft of Ptn of N~.J g C M T P & P RY Co R/ W Exc 0 XC ~t (Parcel No. 22541-9122) 'r • , (Continued on nex ~pa N,o).~ L I S T O F 0 4l i V~, t tS aND PERSOPIS PAYING TAXES GN PkOPERTY LAST GRANTEE IN CHA IN ' ADDITION OF TITLE (0) AND 4 PERS ONS PA Y ING TAXES (T) ADDRESS LOTS BLK ~ p Eursel Metcalf 22 25 44 Pt of NW 1/4 of NE 11/4;_ Beg 79 ft S of NF. 2iel"Pac lst Fed S &L Sp 13 120964 cor th 11 330 ft th N to SL ofCM S TP&P RY R W th E 330 . 0 ft th S to POB Parcel No. 22541-9045) T ~v 0E Metcalf ; S 206 Blake Rd 22 25 44 Pt of W 1/4 of NE 1/4; S 132 ft of N 924 T~Eursel rsetcalf ' No. 22541-9084) 0 T ~ 0 D D Bilbrey .222 25 44 Pt of NW 1/4 of NE 1/4; s 132 ft of r~ 1056 ~Comm Mtg 00004953 ft-of E 310 ft (~Parrpl RTo . 22541-9085) 0 T . ✓ p H D Douglass E 815 Rosewood Ave 2 25 44 V 143 ft of E ~ 221 ft of NE 1/4 of NE 1/4 T Harlan D Douglass T cel o • o. 22541-9009) T p✓D J Clelland 2 25 44 W 99 ft o.f N 8$0 ' t of NE 1/4 0f NE 1/4 0f T/Bancshares Mtg 500850_r T- p~Rv rn ~2 /T-T (U~rr+el o. 22541-9011) 0 T ~ 4140 Martin A Holley ~5 44 ~J 125 f t of E 221 ft of 11E 1/4 of NF 1/~ ~Bancshares Mtg 15 01136 r, 0 3rd Ave & S1 0 R W Parcel No. 2 5 1-9147 0 T I n,,,,1 (Continued on next pagc-) 1 . ~ LIST OF 04JNF~tS AND PERSOP~S PAYING TAXE ; ON PROPERTY LAST GRANTEE IN CHAIN ' ADDITION OI' TITLE (0) AND ~ ~ PERSONS PAYING TAXES (T} ADliRESS LOTS BLK ~ ~ 0 Fr ank Ho 11 en ._____w 2 2 2 5 44 T~~ $ .f E 1096 ft o f NE 1/ 4 o f N E ~Maria P Tobias i 35~3 ~ r~-~ ~1~4 of I`d,~,~~~~ Nt~ o-f 3rd ~ ~ ~ ve & Sly of RiW (Parcel . p o. 225 - T ✓ p A Van Nguyen ' 2 25 44 ti~T 85. 5 ft of E . 010.5 ft of NE 1/4 of NE 1/4 ~Bancshares Mtg ~ j1707300 v~ Nlv of A~e & Slv of ~ ./W (Parcel No . 22541-9125) o T . p Spo Co 2 25 44 S 6~ ft of 99 ft ~ ~ f NE 1/4 of NE 1/4 lgy N of T S okane Count 1 R/T xc~ ('n P~ (ParrP1 No. 22541-9141) T - - , . - i~ p~appen & Rudeen 22 2 .f - ii 3~0 ft of i1El/4 of ~1E 1/4 T Banc s har e s Mt .,~,Q 0,f t . (Parcel No . 22541(~9151) o T _ y,~ 7_3Yo 0 C G Sherwin E 2 S ' . 1078 ft of rd 1 2 of ?VE iJ4 T 1 i f f or d G Sh ,in . f rIF 1.14--~=~s j~ ~ ~t -^-f ~ 375 ~t F: Exc E 85 ft of ~ ~ - _ _~Q ffi ~~~xr~ RR R/~,T EXC o Rd (Parcel No. 22541- T _ -]-~5-~- - 0 - ~ . T i ' ~G She i , 3 7 5 0 rw n ~Y ~ t of j~T 138 ft of E 1J78 ft T`~Fid Mut Sav Bk 1 1 31807 0 cel (Continued on next paae} No . 22541-9164) LI.~T OF. OWNERS AND PhRSON~, ..►YING TAXES ON FROPERTY Spokane County Code Number: ZE-35-78 Owners and Persons within 400 feeto Application is for a Zone Reclassiftcatton from AQrlcultural to Commercial - Certification of Title Compan,y: I hereby certify that the following list of names ar_ addresses consisting of this and the following pages has been prepared from th!_ latest available records and is to the best of my knowledge correct. Signed by For (Title Company) Date: LAIST GRANTEE IN CHAIN ADDITION ~ OF TITLE (0) AND ADDRESS LOTS BLK PERSONS PAYING TAXES (T) ~ 0; J L Grassman VERA Pt of B 1 9 Be g Pt 50ftN&25 ftE Ti Pac Nat Bk of Wash 3069788 of SW cor th N par with ~ tiJL 328 f t th par wit: : o~ SL 142.7 t ~ 298.7 ft W of L when meas at R/A NL ( of RR th W to OB Exc C ~ W 70 ft of S 1 o Lr_ (Parcel No. 15 44-1909) ~ ~ pl Joseph D Evans E 6719 9th Ave VERA Pt of B 1Z9 R" 50 i ft N and 225 fi E of Tj Joseph D Evans S~] cor th N 13 ft E 70 ft th S 130 ft th W 70 o, ft to POB (Parcel No. 15 1 44-1911) T 0,Fred C Byers E 13511 Sprague Ave VER.A Pt of B J9 Beg on NL of RR R/W 5 f t N T Fred C Byers and 155 ft E o SW cor o ~t th2N512S ~t th3S328 ft th W 70 ft to OB T (Parc N 4- 0) 0 L Gillespie 6263 Tillamook VERA Pfi T Jerry W Kimbrou~h S 205 ft of E 35 ft of • W 155 ft N (Parcel No. 155 4-1905) 0 I T; 0 Gene R Achzipr VER.A Pt of ft ; of S 344 ft of 170.5 T~ Seafirst Mtg Corp RF 107546 4 ~ft of W (Coritinued on next page (Parcel No. 15544-1906) , LIS'i CF G~J~I~.?S tiD F~li ~GTl- r;►YI11G___Tr. ;i•~:; GN PRGFE~~~'i I LAST G'' PdTEE IN CHAIN ' OF' TITLE (0) AND ADDITION PERSOr1S PAYING TAXES (T) ADi~RESS LOTS BLK , 0 R G Berg N 110 Blake Rd IVERA Pt of B 129 1`I 89 ft of S 433 ft of E 170.5 ft ~ Russell G and Anna V, Berg__M_ of. 14 190 . 5 ft 4 (Parcel No. 15544-1907) 0 T ~ 0 L H Stecker ~ N 105 Blake Rd iVERA McCABE HM TR 1 21 B 1 --T ! T Louis H Stecker I(Parcel No. 15544-2521) j ~ ° rr o Jamison Et al E 11123 30th Ave VFR.A NicCABF HOrT TRS Lo t 16 Ii 1 Exc Beg at SF. TW S Jamison qr of sd ~lot th N alg ln 213 f t th. 1-1 nar to S 0 ~ ln 67.46 f t th S par Q !C E ln 33 ft th 1•7 par to ~ 1 ln 35 ft th S pa wit 1-1 _ - ~ ln of Lot 16 180 ft to S 0 ln of Lot 16 th F 102.45 -ft to POR "i PNo. 15544-2524) p R W Kiser iVERA McCARE HM TR L 20 B 1 ~ (parceI 14o. 5544-~527)7 T Fid 1`Tut Sav Bk 3 1 13909 0 , T o Dorothy P Hough N 19 Iilake Rd R11 1`1cCABE HM TR L 19 B 1 T D P Hou~h (Parcel No. 15544-2519) 0 i T I i.1~7nt1C1'.lt'l7 011 :1E?}:t ;~a:'" 1 LIST 0F O~r';J:1RS t1N?D FIEII~GPIS FAYIiIG Gi'1 PnOF~;FtiY LkST GRANTEE IP1 CHA IN ' ADDITION OF TITLE (0) AND ► PERSOt1S PAYIPIG TAX.ES (T) A~~RESS LOTS BLK ~ 0 James S Black I 500 Columbia ]31dR !VERA McCABES HONE TR.S Ptn of Lot 16 B 1 DAF: 1 James S Black & Co. ~Beg at SE cor of sd lot ~ th N alg E ln 213 ft th o . 14 par with S ln sd Lot 67.46 ft th S par with T E ln sd Lot 33 th W par ' !with S ln of sd Lot 35 ft 0 I Ith S par with W ln of sd i Lot 16 180 ft to South T I ln th E 102.45 ft to POB I (Parcel No. 15544-2525) 0 T ~ 0 Ron L Ilason E 10912 20th Ave VEP.A McCABE l~M TR L 17 B 1 (Yarcel r1o. 15544-2517) l~ Ronald L Mason 0 T 0 Hannah Becker E 13417 Sprague Ave 'VERA McCABE ILM TR L 18 B 1 - (Yarcel No. 15544-1518) T Van Valkinburgh G E o T ~ B R Harden r1 102 McCabe Rd VERA McCABE HM TR L 12 B 1 (Parcel No. 15544-2512) T B R Harden , 0 7' 0 J Naccarato E 10804 Main Ave 'IERA McCABE HM TR L 14 B 1 T Jay Naccarato ;Parcel No. 15544-2514) 0 T i ~~ltlrllli_f~ GIl :lc;tif T`,?rr'''` LIST OF 0WNL;~;A'i;P F~l: ~GI;S FAYING iA'1,r,:~ +:~11 PkOF'FF,i Y I,4',ST GKAP1'iEE Iid CHAIN ' ADliITION OT' TI`rLE (0) APID ► Pr~R SOI1S PAYIPJG TAXES (T) ADliRESS LOTS BLK ~ o J Naccarato F 10804 Main Ave !VER.A McCABE HM TR L 15 B 1 1~ Jay Naccarato , LParcel No. 15544-2515) 0 T i 0 Tony J Destito ~ N 7 McCabe Rd VFRA McCARE HM TR Exc i N 80 .f L 12 -l3 R 2 1 Tony Destito ~ (Parce1 No. 1554Z-2613) ~ o I .r ~ 0 A I Tnlillcocks N 11 McCabe Rd VER.A McCABE HM TR -N 80 ft L 12 - 13 B 2 i A Irene 14illcocks (Parcel No. 15544-2612) 0 1' 0 Margo J Rayburn E 422 38th Ave ~,ERA McCABE HM TR L 11 B 2 (!'arcel No. 15544-2611) T Margo J Rayburn o T ~ 0 P& R Company E 2720 Sinto Ave ~2 25 44 Beg on SL of St T Grant Tombari WY 49S ft E of ~~TL of N~1 1/4 ~f NE 1/4 th E 110 ft t~ 125 ft th 1.1 110 ft th 0 t_j 25 f t tn. PC) • ;Parcel No. 22541-9024) T p PAR Realty Co E 2720 Sinto Ave ?2 25 44 Beg at pt on SL tl~T St Hwy495 ft E of WL of T Grant Tombari 114 th S 125 ft t-o t-rue tOB th E 110 f t th S 125 f t ° ~ h~W 1.].Q f t rh. N a 29--ft. . t o ~rue POB (Parcel No. 22541 r 9Q25) (Continucd on next page) LI ST OF G`•.1N:;R S AIND I'-E1;SGT.S F.~YIPIC PkQFEFtTY LAST GRArITEi; Ii1 CHAI.N ' ADDITIOPI OI' T ITLE (0) AND 1 ADliRESS LOTS BLK PA'f silG TAXES (T) , , 0 PAR Realty Co ~ E 2720 Sinto Ave !22 25 44 E 495 ft of W 1990 tt ot Ntn ot NW 1/4 of T Grant Tombari II`1E 1/4 of CM STP&P ??Y R/W Exc Beg on SL of St Hwy 495 0 -f L_F.~.n f tTT - a f ML1 114.rzf NE 1/4 th E 110 ft th S 250 ft T rh W, 11 Q f r th Nt25 0 ft to i 1P0B & Exc F 270 f_t of N 250 ° ' ~t~.S Q.f HbTy ! (Parcel No. 22541-9023) T ~ 0 PAR Realty Corp j E 2720 Sinto Ave 22 25 44 Beg at Pt on SL o f Hwy 990 f t E o f NW co r T Grant Tormbari of N14 1/4 of ZTE 1/4 th S 1250 ft th 1.7 270 ft th N 0 50 ft th E 100 ft th N 200 ft th E 170 ft to POB 1 (Parcel rTo. 22541-9021) c o PAR Realtv Co E 2720 Sinto Ave 22 25 44 W 100 ft of E ~/U tt of N200 ft of 2, Grant Tombari ~q 990 ft of Ptn of 1Vtia 1/4 . ot NE 1/4 s of liwy o (Parcel No. 22541-9022) T o Charles 11 Jaap E 13215 4th Ave 22 25 44 W 175 ft of E 495 ~ t ot tiJ 990 ft of Ptn of T Charles H Jaap ~V[4 1/4 of rdF 1/4 S of CMSTP&P o . R7TF (parcel No . ZL.~41- w-- ~107) 0 T p D G Hundeby ~Z2 25 44 W 220 ft of E 320 1t of W 990 ft of Ptn of N14 T Bancshares Mtg 150082$ /4 of NE 114 lg,v S of,C M 8T P& P RY Co R/W Exc ~ 0 tj- nf w~ n S ft..& E xc ~t (Parcel No. 22541-9122) P . (Gontinued on nex'-. ,•~-1 LI ST OF ~A„D F E'R13GI,:S FAYIi1G TI.iC`r::_; U: PKFElt`1'1 LI1ST GFZI,PdTEE 114 CHAIN ADDITION OF T ITLE (0) AP1D ADi~hESS ~ LOTS BLK PLRSOi`1S PAYING TAX.ES (T) ~ ; Eursel Metcalf ! 122 25 44 Pt of NW 1/4 of NE 1/4; Beg 792 ft S of NF T Pac lst Fed S& L Spo 13 120964 ~cor th ta 330 ft th N to SL + o~CM STP&P RY R/W th E 330 0 ~ ft th S to POB (Parcel No. 22541-9045) 7 , i o E Metcalf ~ S 206 Blake Rd 22 25 44 Pt of 1V14 1/4 of ~ NE 1/4; S 132 ft of N 924 ~r Eursel I`ietcalf ~ I fr nf F. ~'ln £t (Rar..re1 No . ~ 22541-9084) ~ I T ~ p D D Bilbrey 22 25 44 Pt of NW 1/4 of Comm Mt 00004953 NF 1/4; S 132 ft of rI 1056 T g f._L__Q.f F 332 ffi (.P.arLeLso . 22541-9085) 0 T , 0 H D Douglass E 815 Rosewood Ave 22 25 44 17 143 ft of E Z, Harlan D nou lass 11221 ft of NE 1/4 of NE 1/4 g STP&P RY P.11,7 (parcel • io. 22541-9009) 0 T 0 D J Clelland ~22 25 44 Trl 99 ft o.f N 880 t of NE 1/4 of NE 1/4 of T Bancshares r1tg ..5.00850 T B&P- R--v rn R!T•1 (pa,-„el '.io. 22541-9011) c~ T o Martin A HolleY ~2 25 44 W 125 ft of E T Bancshares rTt 15 01136 typ,lrlly of 3rd1Aveo& Slylof ~ ~R F,/W (Parcel No. 22541-9147;; o I r ( Conti nued on next paF;c) LIST OF 0W;IF.RS AND PERSOPdS PAYING T~`,XE; GI'1 PHOPFRTY LAsT GRnrJTEL zr1 CHAIN ' ADDITION OF TITLE (0) kND pDi~RESS ~ LOTS BLK PERSOI~IS PAYING TAY.ES (T) ~ o Frank Hollen E 13523 2rd Ave ,22 25 44 W 85.5 ft of E 1096 ft of NE 1/4 of NE T Maria P Tobias 114_ of r1E_-1/4 1gy Nly of 3rd ve & Sly of R/W (Parcel 0 . 10 . 22541-9135) T I ~ 0 A Van Nguyen ' 22 25 44 ti,T 85. 5 f.r- of E ~ 010.5 ft of NE 1/4 of NE 1/4 T Bancshares Mt 1 1707300 ~ g Nlv of . ~ 3.,;:d A v e & S1, y o f J i'~W (Parcel No. 22541-9125) o ~ T l U Spo Co 12 25 44 S 60 ft of j•1 q9 ft tf NE 1/4 of NE 1J4 lgy N of T Spokane County RR A .lW E x c rn pH (P.n-r.c.el No. 22541-9141) 0 T , o Kappen & Rudeen 22 25 4A S 150 fr nf,..rT 380 ft of NE1/4 of NE 1/4 T Bancshares MtR 'Exr F1,9.9i f+- R~~~ 141.20 ft . (Parcel No. 22541(49151) 0 T o C G S h e rw i n E 13524 Spr a,.,_,gy,P ~ ~ ? ~_j;T ~ t 1078 ft of rI 1/2 of ?1E 1/4 T lifford G ~herwin f r1F lL4 ,,M(_ [a 118 ft af r V 375 ft 6: Exc E 85 ft of 0 _2n0._.ft._F• ~ 1RIR u, Exc o Rd (Parcel No. 22541- . 1 0 Z' . o C G S h e rw i n 42 9~-~ S 1 R 0 f+- o,i N 3 7 5 t of 14 138 ft of E 1078 ft `I' F i d 14u t S a v Bk 1 1 318 0 7'0 1f_NE__1.j4,nf UP 1,,/_4 r.~c e 1 ( Gontinuc,d on r.ex t pai*r, ) No. 2?541 -9J 64) . 1_ i t _ ..71 .il OI' TITLE (0) AND ADDRESS ' PERSONS PAYING TAXES (T) ~ o C G Sh e na in 22 25 44 1-4 138 f t o f 1-1 1~ Fid Mut Sav Bk ~-95 ft of E 1078 ft of , 1 1 31294 1 -UE 1Z4of-11E,-1%4 FxrSo. Rd (Parcel No. 22541-9159) 0 70 Fred Voliva 22 25 44 ta 99 ft of NE1/4 i of NE 1/4 lyg N of RR T Fid Mut Sav Bk I 3 1 30383 3 R/W Fxc. S 60 ft & Fxr- N ~ 380 ft & Exc Co Rd (Parcel o I No. 2254]-914Q) T ~ U Roger E Grenz LFATFIA LAI1E ADD L 1 B 1 1-I1 Col Mtg 042772 (Parcel No. 22541-1501) 0 T C) Ron M Sommars LEATHA LANE ADD L 1 B 1 (Parcel No. 22541-1601) T Spo Mtg 0005950 0 ~ m 1 p Dickens LF.ATHA LANE ADD L 2 B 2 T Col Mtg 146 809240 9 (Parcel No. 22541-1602) 0 7 . 0 David Asbury LEATHA LANE ADD L 9 B 2 (Parcel No. 22541-1609) T Bancshares 14tg 1708044 I 0 I . ,r (Continued on next page) i _ : . . . . . . _ : . . . _ . . . • 1 _ . A L1Jfl'1Gi~ Ol' TITLE (0) AND ~ - 1'I:RSONS PAYIi1G TAXES (1') ADDRESS LOTS 0 Shaw j LEATHA LANE ADD L 8 B? ~ T Bancshares Mtg 15 00893 (Parcel No. 22541-1608) ; , 0 T 0 S H Jaap E 13215 4th Ave 22 25 44 ja 175 ft of E ~ 495 ft o.ft of ptn of Tn-1 T Charles H Jaap j 114 of NF 114 5 of CMSTP~uP ' R~ Co R/W (Parcel No. o , 22541-9107) T I U T 0 1 • ) 1 . ~ i T 0 T 0 I f T , 0 T 0 - I T I 0 `r I (Continued on neat pago) J ✓ !~~r i i o -1"~„_ ~:J t ~ ~ . r1 ~a j, t J ~ ~ : ~ ~ , ~ _.i- s- ~ ~ c 3 0 " , c ~t 70. 1 p 1ts22 - 4, 0 4-~ ~ ~ ~ =~+~r • 'c ~ ~Ys ~ ~3 r ; r ~ ~ „~'4 ~~,~•.+-"`r ~4 1 L~1q ~~./~A„~~Y~ ~ ~l Y~ ~ ` ~'p {"~f' ✓ ~I 0. Y t t,~ iz 1~ • / O . 9 ,T- t • ~i ~ ~1 ~$1}z Zi. ; ~09. , t ~ J L vo ~ ~s. , iz.'o 2 ~C'~~ r j~; ~r r.,. .r"' "'~~+1 ~ I ' p~~• ~ ~ ~ ~ ~ LP ~ j~ g +i 1C1 r T 10 1919 4 1 ~ ! ~ ~ ,g.•: 5 ) ra s -X , • _ , ~ ` ~ ~2 ~~RA~L:Y►'A • ~~J_ t 9 ~ . , r ~ 1 ~ - ~ - • - . r4-~''~- T ~ l ~ L' r~~~~ ,~F,• ~ ~~'d''~~w r ~^T ~r4• ~ e o C.A . . l~~0~ ~•Y I ~:J ~ i ~ I ~:J IL? ID ~ ► ~ , ~ ' 1 ti ?r I ~ s~ y ~ " ~ - - - 1 7 Af (.~~i`'1 ~A A , , ► % 4' CJ ~ ~ ~ `,V • ~ /_~;1 ` ~I~ ~ i ~ ;15 ~ U ~J V `4 U'~ C4~ ♦ ~ ~ 1 ~ ~ q, , : ~ c►~ ~ ~ ~ ..._-1 i~ , `s• . . . ~----~-.''r',~" • I J ~ 1 l blkj ~ ; ~ Af l ~ ~ ~ ~~4 ~~1.-Y~3 R ' ~ ~1 . «OFFxCE OF THE SPOKAN'E C(JUNTY PLAN~1'~NG COMMISSION LA T E Niarch 11 1978 To Title Company From Z Spokane Gounty Pl.anning Department Subject ZQne Reclassification ZE-35-78, Agricul.tural to Commercial Please furnish a list of the owners and taxpa,Yers of record of a!1 prrflE ctY lac;ated wit!An 400 feet and thal flve nearest property owners vf the p:^operty de. crired beInw: A1so, please 1nclude ail mc:~t-ige. and lvan numbers V'Ifth aded'eSS@a , when possible, In orf-ler tha} propeAr rotffice.i! ar ma;T be mac3c.If there are no more tr.an ffcre owners within the 400 f['►C?t botirldcirr'r piease 1ur:~~Sh a list of the owners and V.xQayers of recorcl for the f.ivc cioc-ost owr,crsLiips. Incomplete or ilieg:ble t[tle carnpay llsts wili not be accepted by thls department. T hank you. (Prcperty Descriptton) Sectian 22, Tawnship 25 N.~ Range 44, East 330 feet of the NW I/4 of the 1VE I/4 North of CMSTP & P R.R. r/w except the W 100 feet af the E 330 feet of the N150 feet.Spokane County, Vti a sh tngton Donimick Toulouse East 13418 Sprague Spakane, WA 99216 926-5426 R E C E I V E .t~ ~ . i i . SPDKANE CDUNTY P1ANNlNG DEPARTMENT . .J~rl~~S'1~_- - , ~ . - ~ ~'_u3y~ . - _ - - - _ . . .r - ; ' I~t,l~ ,r.f~'r!~ i ~ I~`- ~ /II.Y1v f~~ 1 ~ ' C~ i 7 ~ ' I'` ~ y ~ ~ r~~ ~ !.J # l~ ~r ` 0 ~ ~ ~ , r ~ ~ ~ ~ ~ ' ~ ~r ! 9 ~ ~~a~ I ~ ~ ~ ~ , ~a h ~ E~ ~ra ~ ~ ~ ~ ' ~ ~ r r. s f~ . . . i 1 ~ ~ ~ , 1 ~ , ~ ~ f,_r' aI ~ ~ ~ ~ e + - ~ , . f _ ~ ' r-~ ~ i ~ ~ ~ ~ ~ ~ r ~ ~ ~ ~e. z~ ~ . ~ ~ ~ ► ~ 1 ~ ~ ' _ _ _ _ ~ ~ ~ ~ ~ ~ 1 , . ; ~ ~ . ~ ~ ~ ~ ~ ~ . 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