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ZE-100-79 (2)AGENDA, MAY 17, 1979 TELEPHONE NO.: 456 -2205 SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE Time: Thursdayy 17, 1979, 8:30 A.M. Place: Broadway�Centre Building, Second Floor North 721 Jefferson Street, Spokane ZONE RECLASSIFICATION 2. ; ZE- 100 =79% Agricultural to Agricultural Suburban or oP a r4 a. Location: �� ` Section 14,Township 25 N.,Range 44,E.W.M. Parcel #14542 -9043 - NW 1/4; Beginning at SW corner; thence N 332.22 feet; thence E 98.36 feet; thence S 332.2 feet; thence W 98.35 feet to POB, EXCEPT W 20 feet and EXCEPT S 20 feet. Parcel 414542 -9044 - 98.36 feet E and 332.22 feet N of SW corner of SE 1/4 of NW 1/4; thence E 100 feet; thence S 332.17 feet; thence W 100 feet; thence N 332.2 feet to POB, EXCEPT S 20 feet. Parcel 414542 -9045 - W 1/2 of SE 1/4 of NW 1/4 EXCEPT W 198.35 feet of S 332.22 feet and EXCEPT part lying N of Sly line of Mallon Avenue, extended Ely. Parcel #14542 -9046 - E 1/2 of W 1/2 of SE 1/4 of NW 1/4 EXCEPT N 1,090 feet. b. Vicinity Location: North of Broadway and east of Best Road. C. Applicant: Bedri Saad East 14301 Broadway Avenue Spokane, WA 99216 d. Site Size: 3.96 Acres e. Existing Zoning: Agricultural, established March 27, 1942 f. Proposed Zoning: Agricultural Suburban g Proposed Use of Property: Residence h. Application of Zoning Provision: Chapter 4.21, Section 4.21 .045 i. Environmental Impact: A topic of discussion at this hearing may be whether the Hearing Examiner Committee has adequate information to assess the adverse environmental impacts of the proposal. The State Environmental Policy Act WAC 197 -10- 330(2) provides that: "... In the event that the further investigations authorized by this section do not provide information reasonably sufficient to assess any potential adverse environmental impacts of the proposal, an E.I.S, shall be prepared." - 2- r .` a -: •C;( •t ..•IMY�•M Irw••a .: - � - 1 ` � � OYWWrMW er • j • �� . f s 3 cc 15ROADWAY AV E. • k, 1L \�`:.. s•acarw.w w1n�i•- Vnaw .�rn.:.twsv— {i��iwwr'i:•rfi.... W.n a�..,..��+.i • �..P. • w �..w..- �,iJa. „ •:r +_ �.u:Y o': •..�� >v• VAL.L�FLY WAY c _ a„ ...� � � ..•v -.orb �� .•a � 1 g4lJNtl1fAl0�DS:MM7D. JOtM!) .A :. _ r'�x:. �,••�q1(y; aLdiN �4.yWIpKsYiYY Ji i'':1�iMOtC -01191.v.^ . 1 � F 4 . STAFF ANALYSIS May 17, 1979 17 ZE- 100 -79, AGRICULTURAL TO AGRICULTURAL SUBURBAN SAAD I. FINDINGS OF FACT a. Zone Classification 1. North: Two Family Residential, established, 1967 Residential and vacant Agricultural Suburban, established, 1961 Family Agricultural, established, 1942 3. 2. West: Two Family Residential, established, 1967 3. South: Agricultural Suburban, established, 1958 4. East: Agricultural Suburban, established, 1961 and Single Family Residences Agricultural, established, 1942 b. Land Use 1. Site: Single Family Residential and vacant 2. North: Single Family Residential and vacant 3. West: Single Family Residences 4. South: Single Family Residences 5. East: Vacant and Single Family Residences C. Development Plan - No development proposed at this time. d. Regional Comprehensive Plan - 1968 The Plan Map has designated this area appropriate for residential development. e. Compliance with SEPA: The Planning Department staff has proposed a final declaration of non - significance and therefore, recommends that a final declaration of non - significance be issued. II. REVIEWING AGENCY COMMENTS: a. County Engineer's Office: The County Engineer's Office has requested the following be considered if the rezone is approved: NOTE: All required improvements shall be built to meet or exceed minimum County construction standards. 1. No requirements at this time. b. Spokane County Health District No requirements at this time. (continued) S 27 STAFF ANALYSIS May 17, 1979 ZE- 100 -79, AGRICULTURAL TO AGRICULTURAL SUBURBAN SAAD C. County Fire Marshal's Office: Fire District #1 Installation of fire mains and hydrants to be in accordance with the requirements of the Spokane County Fire Marshal. Access and circulation plans for emergency vehicles to be approved prior to building permit issuance. d. Water Purveyor No requirements at this time. III. CONDITIONS If the Zoning Hearing Examiner approves this request, the following conditions should be considered: a. Applicant will be required to apply for a change of conditions hearing for any future development. b. That the provisions of SEPA's Notice of Action pursuant to 43.21c.080 RCW and the Board of County Commissioners' Resolution 777 -1392 be accomplished by the applicant within thirty (30) days of formal action by the Board, as instructed by the Planning Department staff. 3sZ Vo (continued) File No. ZE- 100 -79 SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS AND ORDER A. INTRODUCTION This matter having come before the Examiner Committee on May 17, 1979, and the members of the Committee present being Kenneth Kennedy, Chairman, Abby Byrne and John Culler and there being the following persons present who wish to request approval of a Zone Change; for a Zone Reclassification, Agricultural to Agricultural Suburban for the purpose of a residence. B. FINDINGS OF FACT 1. That the existing land use in the area is generally residential and vacant property. 2. That the Comprehensive Plan designates this area as appropriate for residential development. 3. That the existing zoning of the property described in the application is Agricultural. 4. That the provisions of RCW 43.21C (The State Environmental Policy Act) have been complied with. 5. That the proper legal requirements for advertisement of the Agenda Item have been fulfilled. 6. That this proposal is not in conflict with the provisions of adopted regula- tion. 7. That the land in this area is suitable for the proposed use, or uses within the proposed Zone Classification. 8. That the proposed use is compatible with existing uses in the area. 1 v File No. ZE- 100 -79 9. That the owners of adjacent lands expressed both approval and disapproval of the proposed use. 10. The Hearing Examiner Committee finds the proposed use to be in harmony with the general purpose and will not be otherwise detrimental to the public health, safety, and welfare. 11. The following are additional findings of fact considered by the Hearing Examiner Committee: a) The Committee finds that because of objection from neighboring property owners, the area to be rezoned should be only parcel number 14542 -9043. C. ORDER The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Bedri Saad for a Zone Reclassification, Agricultural to Agricultural Suburban as described in the application should be approved. Special conditions or contingencies applied to motion: a. County Engineer's Office: The County Engineer's Office has requested the following be considered if the rezone is approved: NOTE: All required improvements shall be built to meet or exceed minimum County construction standards. 1. No requirements at this time. b. Spokane County Health District No requirements at this time. 2 File No. ZE- 100 -79 C. County Fire Marshal's Office: Fire District #1 Installation of fire mains and hydrants to be in accordance with the requirements of the Spokane County Fire Marshal. Access and circulation plans for emergency vehicles to be approved prior to building permit issuance. d. Water Purveyor Vote: Unanimous 3 No requirements at this time. e. That the provisions of SEPA's Notice of Action pursuant to 43.21c.080 RCW be accomplished by the applicant within thirty (30) days of formal action by the Zoning Hearing Examiner Committee as instructed by the Planning Department staff. f. That the Hearing Examiner Committee after hearing all testimony and a review of the staff analysis adopts the proposed declaration of non - significance and directs the chairman of the committee to sign the final declaration of non - significance. g. County Engineer shall review proposed development plans prior to issuance of any building permits. h. Only parcel #14542 -9043 shall be rezoned to Agricultural Suburban. Motion by: Culler Seconded by: Byrne Vote: Unanimous 3 ATTEST: FRED L. DAYHARSH Planning Director By: File No. ZE- 100 -79 HEARING EXAMINER COMMITTEE 4 Chaff man