ZE-160-78 (2)Time:
Place:
AGENDA, JANUARY 18, 1979 TELEPHONE NO.: 456 -2205
SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE
7C)NE RFCLASSIFTCATTCN
1.
, 160 - 78� Multiple Family Si,hnrhen to Restricted Tntiiistrial
a. Location: Section 20,Township 25 N „Range 44,E.W.M.
Parr.el $t • The East 184.2 feet, except the
North 605.8 feet of Block 241, Opportunity.
parcel $9• Beginning 528.8 feet south of the
NE corner; thence S 77'; thence W 364.2'; thence N 77'; thence E 364.2' to
POB.
parcel #3: Part of Block 241, Opportunity:
Beginning on EL 451.8' S of NE corner; thence S along EL 77'; thence
W 364.2'; thence N 77'; thence E 364.2' to POB,
b.
c.
Vicinity Location:
Applicant:
d. Site Size:
e. Existing Zoning:
f. Proposed Zoning:
g, Application of Zoning Provision:
h. Environmental Impact:
whether or not this proposal will
i, Proposed Use of Property:
54 20
Thursday, January 18, 1979, 8:30 A.M.
Broadway Centre Building, Second Floor
North 721 Jefferson Street, Spokane
West of Farr Road, north side of 4th Avenue
Gene Ford
South 312 Farr Road
Spokane, WA 99206
Approximately 2.1 Acres
Multiple Family Suburban, est. January 6, 1959
Restricted Industrial
Chapter 4.21, Section 4.21.040
A topic of discussion at this hearing may be
have a significant adverse environmental impact
Office Warehouse Complex
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STAFF ANALYSIS JANUARY 18, 1979
ZE- 160 -78, MULTIPLE FAMILY SUBURBAN TO RESTRICTED INDUSTRIAL FORD
I. FINDINGS OF FACT
a. Zone Classification
1. North: Multiple Family Suburban, established, 1959
2. West: Multiple Family Suburban, established, 1959
3. South: Multiple Family Suburban, established, 1959
Residential Mobile Home, established, 1970 and 1977
4. East: Agricultural Suburban, established, 1968
b. Land Use
1. Site: Single Family Residences and Mobile Homes
2. North: Vacant and railroad tracks
3. West: Single Family Residences
4. South: Mobile Home Park and apartments
5. East: Single Family Residences
c. Development Plan
Property area: 89,294 sq. ft. /2.04 acres
Proposed building area: 23,600 sq. ft. /26% coverage
Warehouse 16,000 sq. ft.
Office Building(2- story)* 7,600 sq. ft.
Parking area (Spaces): Required - 44 Actual - 49
Warehouse: 6 20
Office Building*: 38 29
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 circulated a proposed declaration of
non - significance and received no comments from Agencies of Expertise,
therefore, a recommendation 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.
(continued)
STAFF ANALYSIS JANUARY 18, 1979
ZE- 160 -78, MULTIPLE FAMILY SUBURBAN TO RESTRICTED INDUSTRIAL FORD
1. Applicant shall dedicate 10 feet on both Farr and Fourth Roads and a
twenty (20) foot radius on Farr and Fourth for right -of -way.
2. Applicant shall dedicate slope easements as necessary.
3. Applicant shall construct cement concrete curb sidewalk and pave to
existing pavement on Farr and Fourth.
4. Applicant shall obtain approval for on and off -site drainage and
access plans before issuance of building permits.
5. Access to Fourth Road to be prohibited at this time.
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 obtained 'prior to building permit issuance.
c. County Fire Marshal's Office: Fire District / #1
Mains and hydrants to be installed, in accordinace with the Spokane
County Fire Marshal's requirements.
Access and circulation plans for emergency vehicles to be approved prior
to building permit issuance.
d. Water Purveyor: Modern Electric Water Company
We are able to supply this proposal with adequate water.
III. CONDITIONS
If the Planning Commission approves this request, the following conditions
should be considered:
a. Compliance with all requests stated under Reviewing Agency Comments
above.
b. The applicant shall develop subject property generally in accordance
within the concept presented to the Hearing Examiner Committee. Minor
variations when approved by the Zoning Administrator will be permitted,
including, but not limited to the following changes: Building location,
building materials, landscape plans, and general allowable uses of the
permitted zone. All variations must conform to regulations set forth in
the Spokane County Zoning Ordinance. The original intent of the
development plans shall be maintained.
(continued)
STAFF ANALYSIS JANUARY 18, 1979
ZE- 160 -78, MULTIPLE FAMILY SUBURBAN TO RESTRICTED INDUSTRIAL FORD
c. A landscape plan showing specific detail and accompanied by a performance
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 RCW
and the Board of County Commissioner's 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. Interior driveways and parking areas shall be paved.
f. No building permits shall be issued until all water quality and waste
water discharge permits are obtained. (On Commercial and Industrial
Zones)
SPOKANE COUNTY COURTHOUSE
S s *mo'o't,
PLANNING DEPARTMENT
BROADWAY CENTRE BUILDING N 721 JEFFERSON STREET
PHONE 456 - 2205
SPOKANE, WASHINGTON 99260
January 22, 1979
TO: Board of Spokane County Commissioners
FROM: Jerry Litt, Zoning Administrator
SUBJECT: Zoning Hearing Examiner Committee Actions of January 18, 1979.
Gentlemen:
On January 18, 1979, the Zoning Hearing Examiner Committee met at 8:30 A.M.
to consider ten new zone reclassifications. Members present: Mr. Thomas,
Mrs. Myers, and Mr. Quigley, and Mr. McCoury for the morning session only.
Mr. McCoury heard the first four items on the agenda; namely, ZE- 160 -78,
ZN- 159 -78, ZE -8 -78, and ZE- 34 -78, as Mr. Quigley had a possible conflict of
interest on two of the items and thus was excused from the morning session.
Following are the applications in sequence and the action taken by the Committee.
If not appealed, these decisions will be final on January 29, 1979,
1)
ZE- 160 -78, Multiple Family Suburban to Restricted Industrial: Ford,
Location:
Proposal:
Action:
2) ZN- 159 -78
Location:
Proposal:
Action:
Location:
Proposal:
Action:
West of Farr Road, north side of 4th Avenue.
Office Warehouse Complex.
Denial. (Vote: Unanimous)
, Multiple Family Suburban and Residential Office to
Commercial: B & B Oil Company, Inc,
North side of Francis Avenue, west of Normandie Street,
Service Station.
Approval. (Vote: Unanimous)
3) ZE -8 -78, Agricultural to Multiple Family Suburban:
South side of Fourth Avenue, west of Eastern.
Apartments /Duplex.
Approval, (Vote: Unanimous)
Alvin J. Wolff, Jr.
(contd.)
Zoning Hearing Examiner Committee Actions of January 18, 1979. (contd.)
4) ZE- 34 -78,
Location:
Proposal:
Action:
5) ZE- 181 -78
Location:
Proposal:
Action:
6) ZE- 103 -78
Location:
Proposal:
Action:
7) ZE- 179 -78
Location:
Proposal:
Action:
For lack of time, hearing of the following applications was continued to
January 19, 1979, at 8:30 A.M.:
1) ZE- 182 -78
2) ZE- 191 -78
3) ZE- 196 -78
Agricultural and Restricted Industrial to Residential Mobile Home:
Crosby Enterprises
Between Corrigan and Harvard Roads, approximately 1,070 feet
north of Wellesley Avenue.
Mobile Home Park (108 Units) .
Denial. (Vote: Unanimous)
, Agricultural to Residential Mobile Home: Pugh
West of Forker Road and South of Francis Avenue, extended.
Mobile Home Park.
Continued indefinitely until completion of special studies
and further evaluation. (Vote: Unanimous)
, Agricultural and Local Business to Residential Office and
Commercial: Hoadley
South side of Wellesley Avenue, east of Murray Road.
Drive -In Restaurant, Lounge, Offices, and Shopping Center.
Approval. (Vote: Unanimous)
, Two - Family Residential to Residential Office: Red Lion Motor Inn
West of Sullivan Road, north side of Mission.
Professional Office Building.
Application withdrawn at the request of the applicant.
Agricultural Suburban to Local Business: RUDY.
Agricultural Suburban to Restricted Industrial: ABLE BUILDING
CONTRACTORS, INC.
Agricultural to Multiple Family Suburban and Residential
Office: ACHORD (BATES, Agent)
If further information is desired, contact Jerry Litt or Jim Johnson at 456 -2205 or at
the Planning Department Office.
JL:cmw
cc: Planning Commission
Mailing List
-2-
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
File No. ZE- 160 -78
A. INTRODUCTION
This matter having come before the Examiner Committee on January 18, 1979,
and the members of the Committee present being Eldon Thomas, Chairman, Jane
Myers, and Ted McCoury and there being the following persons present who
wish to request approval of a Zone Change; Tom Slade and Mike Senske for a
zone change, Multiple Family Suburban to Restricted Industrial for
the purpose of office warehouse complex.
B. FINDINGS OF FACT
1. That the existing land use in the area is residential, mobile home park and
railroad tracks.
2. That the Comprehensive Plan designates this area as Residential
development.
3. That the existing zoning of the property described in the application is
Multiple Family Suburban.
4. That the provisions of RCW 43.21C (The State Environmental Policy Act)
have been complied with.
5. That the proper legal requirements for advertisement of the Agenda Item
have been fulfilled.
6. That this proposal is in conflict with the provisions of adopted regulation or
intent of adopted policies.
7. That the land in this area is unsuitable for the proposed use, or uses
within the proposed Zone Classification.
1
8. That the proposed use is incompatible with existing uses in the area.
9. That the owners of adjacent lands expressed disapproval of the proposed
use.
10. The Hearing Examiner Committee does not find the proposed use to be in
harmony with the general purpose and will be otherwise detrimental to the
public health, safety, and welfare.
C. ORDER
The Hearing Examiner Committee, pursuant to the aforementioned, finds that the
application of Gene Ford for a zone change from Multiple Family Suburban to
Restricted Industrial as described in the application should be denied.
Special conditions or contingencies applied to motion:
a.
Compliance with all requests stated under Reviewing Agency Comments
above.
b. The applicant shall develop subject property generally in accordance within
the concept presented to the Hearing Examiner Committee. Minor variations
when approved by the Zoning Administrator will be permitted, including,
but not limited to
materials, landscape
zone. All variations
County Zoning Ordinance. The original intent of the development plans
shall be maintained.
2
File No. ZE- 160 -78
the following changes: Building location, building
plans, and general allowable uses of the permitted
must conform to regulations set forth in the Spokane
rib
•
c. A landscape plan showing specific detail and accompanied by a performance
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 RCW
and the Board of County Commissioner's Resolution #77 -1392 be accomplished
by the applicant within thirty (30) days of formal action by the Hearing
Examiner Committee as instructed by the Planning Department staff.
e. Interior driveways and parking areas shall be paved.
f. No building permits shall be issued until all water quality and waste water
discharge permits are obtained. (On Commercial and Industrial Zones)
Motion by: Mrs. Myers Seconded by: Mr. McCoury
Vote: Unanimous
ATTEST:
FRED L. DAYHARSH
Planning Director
By:
3
File No. ZE- 160 -78
HEARING EXAMINER COMMITTEE
Chairman
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RECEIVECio .APPEAL REQUEST FORM R E C E I V E D
!RUM mar! �p� 1p�•En THE BOARD OF COUNTY CC: MISSIONS JAN
2 =1979
JAN 2 51979 Appeal Fee - $35.00 COUNIy COMMISSIONERS
Name: - Gene Fora Today's Date: 1 -23 -79
--' (Please Pr _nt)
• Address: S312 Farr Rd., Spokane, Na. ',Fit"; 4 .. �p 3 ,,,, Zip Code: 99206
Home Phone: 926 -2280 Business Phone: 924 -3579
Hearing Examiner Committee Action Being Appealed
Title: N/A
Preliminary Subdivision Number: N/A
Zone Reclassification Number:
ZE 160 - 78
Date of Hearing Examiner Committee Action: 1 - -
Signature: Le wit __ . 2.n -
Signature of Authorized Representative:
Address: E9803 Sprague, Spokane. Wa. 99206
YOUR REASONS FOR APPEAL (Hearing testimony will be confined to the following):
The hearing examiner committee was presented evidence at the hearing to the
effect that provisions had been made for drainage access, circulation, building
design, off street parking and land scaping. Moreover, the proponent is aware of the
restrictions of the use of the property such that only light warehousing and
offices will be permitted. The hearing examiner committee, despite these
considerations, denied the zone change. Interestingly, the staff recommended
to the proponent that R.I. zoning be applied for, even though staff was asked
about a lesser intensive zone.
OFFICE USE ONLY
Copies to: Planning � Q Engineers
Fee Received: Check �
c / y IsJ— Cash
Hearing Date:
Environmental Health
Receipt Number
7CNE RRC',,TASSIFICATTON
1. 7E- 160 -78, Multiple •,,,+l 9,"+h'uhn Cn RaStrirred Indnatriel
•
a. Location:
b.
b. Vicinity Location:
c. Applicant:
d.
e.
f.
g.
h.
Site Size:
Existing Zoning:
Proposed Zoning:
Application of Zoning Provision:
Environmental Impact:
whether or not this proposal will
Proposed Use of Property:
0
•
Section 20,Township 25 N „Range 44,E.W.M.
PRmel i.'1 • The East 184.2 feet, except the
North 605.8 feet of Block 241, Opportunity.
Parral � Beginning 528.8 feet south of the
NE corner; thence S 77'; thence W 364.2'; thence N 77'; thence E 364.2' to
POB.
P.rrel -`3' Part of Block 241, Opportunity:
Beginning on EL 451 .8' S of NE corner; thence S along EL 77'; thence
W 364.2'; thence N 77'; thence E 364.2' to POE.
ZE- 160 -78, Multiple Family Suburban to Restricted Industrial: Ford.
Location: West of Farr Road, north side of 4th Avenue.
Proposal: Office Warehouse Complex.
Action: Denial. (Vote: Unanimous)
I. FINDINGS OF FACT
a. Zone Classification
1. North: Multiple Family Suburban, established, 1959
2. West: Multiple Family Suburban, established, 1959
3. South: Multiple Family Suburban, established, 1959
Residential Mobile Home, established, 1970 and 1977
4. East: Agricultural Suburban, established, 1968
Land Use
1.
2.
3.
4.
5.
Site:
North:
West:
South:
East:
c. Development Plan
4
Property area:
Proposed building area:
Warehouse
Office Building(2- story)*
Parking area (Spaces):
Warehouse:
Office Building *:
d. Regional Comprehensive Plan - 1968
West of Farr Road, north side of 4th Avenue
Gene Ford
South 312 Farr Road
Spokane, WA 99206
Approximately 2.1 Acres
Multiple Family Suburban, est. January 6, 195
Restricted Industrial
Chapter 4.21, Section 4.21 :040
A topic of discussion at this hearing may be
have a significant adverse environmental impac
Office Warehouse Complex
ri • ) Pila 78
A G z .
AVE
Single Family Residences and Mobile Homes
Vacant and railroad tracks
Single Family Residences
Mobile Home Park and apartments
Single Family Residences
Required - 44
6
38
89,294 sq. ft. /2.04 acres
23,600 sq. ft. /26% coverage
16,000 sq. ft.
7,600 sq. ft.
Actual -
49
20
29
The Plan Map has designated this area appropriate for Residential
development. ,
ZE- 160 -78 MULTIPLE FAMILY SUBURBAN TO RESTRICTED INDUSTRIAL
e. Compliance with SEPA:
The Planning Department staff has circulated a proposed declaration of
non - significance and received no comments from Agencies of Expertise,
therefore, a recommendation 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. Applicant shall dedicate 10 feet on both Farr and Fourth Roads and a
twenty (20) foot radius on Farr and Fourth for right -of -way.
2. Applicant shall dedicate slope easements as necessary.
3. Applicant shall construct cement concrete curb sidewalk and pave to
existing pavement on Farr and Fourth.
4. Applicant shall obtain approval for on and off -site drainage and
access plans before issuance of building permits.
5. Access to Fourth Road to be prohibited at this time.
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 obtained prior to building permit issuance.
c. County Fire Marshal's Office: Fire District #1
Mains and hydrants to be installed, in accordinace with the Spokane
County Fire Marshal's requirements.
Access and circulation plans for emergency vehicles to be approved prior
to building perulit issuance.
d. Water Purveyor: Modern Electric Water Company
We are able to supply this proposal with adequate water.
III. CONDITIONS
If the Planning Commission approves this request, the following conditions
should be considered:
a. Compliance with all requests stated under Reviewing Agency Comments
above.
b. The applicant shall develop subject property generally in accordance
within the concept presented to the Hearing Examiner Committee. Minor
variations when approved by the Zoning Administrator will be permitted,
including, but not limited to the following changes: Building location,
building materials, landscape plans, and general allowable uses of the
permitted zone. All variations must conform to regulations set forth in
the Spokane County Zoning Ordinance. The original intent of the
development plans shall be maintained.
c. A landscape plan showing specific detail and accompanied by a performance
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 RCW
and the Board of County Commissioner's 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. Interior driveways and parking areas shall be paved.
f. No building permits shall be issued until all water quality and waste
water discharge permits are obtained. (On Commercial and Industrial
Zones)
►> 2
,)
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER CONCERNING ZONE )
RECLASSIFICATION ZE- 160 -78 )
MULTIPLE FAMILY SUBURBAN TO )
RESTRICTED INDUSTRIAL )
APPLICANT: FORD )
BY ORDER OF THE BOARD this 29 day of January, 1979.
VERNON W. OHLAND
CLERK OFT E BOARD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Spokane County,
Washington, will hold a public hearing at 1:30 P.M. ON FEBRUARY 26, 1979, at
its office in the County Courthouse to consider the above - mentioned zone
reclassification on the following described property:
Section 20, Township 25 North, Range 44 E.W.M. PARCEL #1: The
East 184.2 feet, EXCEPT the North 605.8 feet of Block 241, -
Opportunity. PARCEL #2: Beginning 528.8 feet south of the
NE corner; thence S 77'; thence W 364.2'; thence N 77'; thence
E 364.2' to POB. PARCEL #3: Part of Block 241, Opportunity:
Beginning on EL 451.8' S of NE corner; thence S along EL 77';
thence W 364.2'; thence N 77'; thence E 364.2' to POB.
West of Farr Road, north side of 4th Avenue.
NOTICE IS FURTHER GIVEN that a topic of discussion at this hearing may be
whether or not this proposal will have a significant adverse environmental
impact.
NOTICE IS FURTHER GIVEN that any person interested may appear at said hearing
and present testimony in support of or in opposition to an appeal on said
matter filed with the Board of County Commissioners.
BY •aim ✓ //i ' 1//, (/
'o :nne Montague, Deputy
NO.
79 0481
BOARD OF COUNTY COMMJSSIONERS OF SPOKANE COUNTY. WASHINGTON
FINDINGS AND ORDER REGARDING ZONING MAP PROPOSAL, ZE- 160 -78,
MULTIPLE FAMILY SUBURBAN TO RESTRICTED INDUSTRIAL: FORD
,5 -020
WHEREAS, The Spokane County Zoning Hearing Examiner Committee
did, after public hearing on January 18, 1979, forward to the Board of County
Commissioners a recommendation that the Zoning Map not be changed from the
existing Multiple Family Suburban classification on property described as follows:
Parcel 41: The East 184.2 feet, except the North 605.8 feet of
Block 291, Opportunity.
Parcel *a: Beginning 528.8 feet south of the NE corner'; thence
S 77'; thence W 364.2'; thence N 77'; thence E 369.2' to POB.
Parcel #3: Part of Block 241, Opportunity: Beginning on EL 951.8'
of NE corner; thence S along EL 77'; thence W 364.2 ; thence N 77';
thence E 364,2' to POB.
All in Section 20, Township 25 N., Range 44, E.W.M., Spokane
County, Washington.
and,
WHEREAS, The Board conducted its own public hearing on February 26,
1979, at the request of Gene Ford, South 312 Farr Road, Spokane, Washington,
(represented by Senske and Associates), to present evidence and testimony in
favor of this application, and
WHEREAS, The Board did consider the recommendation of the Zoning
Hearing Examiner Committee 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 — described zone reclassification, and the Board of County
Commissioners fully considered the testimony given, the records, and the minutes
of the Zoning Hearing Examiner Committee and all evidence presented, and having
individually acquainted themselves with the site and vicinity in question, does
hereby find:
1) The Board has concluded that the property be zoned to
Restricted Industrial.
2) That the Board of County Commissioners upholds the conditions
of the Spokane County Zoning Hearing Examiner Committee
contained in the staff's analysis to be sufficient and controlling.
3) That there is similar zoning in the area and similar uses west of
the site on Dishman —Mica Road; therefore, the proposed use is
a compatible land use.
4) This land is suitable for the proposed use.
5) That adjacent property owners have come to an agreement as to
what uses are appropriate for this site (as referenced in the
attached Concomitant,
(contd.)
S.
'i9 0481
ZE- 160 -78 (contd
This 9 day of
ATTEST:
B
6) That because of the compromise in uses allowable, this
proposal will not be injurious to the public health, safety, or
general welfare.
7) That the Concomitant as revised shall run with the land as
special conditions and be permanently attached to the Zone
Change file.
NON W. OHLAND
erk of th ard
Deputy
— 2 —
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
, 1979.
79 0481
AGREEMENT CONCOMITANT TO REZONE
This agreement made this Z.7/ day of #4/4cc /I , 1979, by and between the
COUNTY OF SPOKANE, a municipal corporation existing under the laws of the State
of Washington and HOMESTEAD CONSTRUCTION.
WHEREAS
I. The Spokane County Board of County Commissioners is the legislative body
vested with the authority to grant application for zone changes in the unin-
corporated areas of Spokane County, Washington and;
WHEREAS
II. Homestead Construction is desirous of constructing an office /warehouse
complex at the corner of 4th and Farr described as follows:
Section 20, Township 25 North, Range 44 E.W.M. PARCEL #1: The
East 184.2 feet, EXCEPT the North 605.8 feet of Block 241,
Opportunity. PARCEL #2: Beginning 528.8 feet South of the
NE corner; thence S 77'; thence W 364.2'; thence N 77'; thence
E 364.2' to POB. PARCEL #3: Part of Block 241, Opportunity;
Beginning on EL 451.8' S of NE corner; thence S along EL 77';
thence W 364.2'; thence N 77'; thence E 364.2' to POB.
West of Farr Road, North side of 4th Avenue.
WHEREAS
III. The above described property is now classified in the multiple family
suburban zone classification and;
WHEREAS
IV. A request was made of the Spokane County Hearing Examiner Committee on
January 18, 1979 to rezone said property to restricted industrial. Said request
was denied on the basis of the zone requested and not the use, and;
WHEREAS
V. Homestead Construction appealed the Spokane County Hearing Examiner
Committee decision to the Board of County Commissioners and;
WHEREAS
VI. On February 26, 1979, the Board of County Commissioners of Spokane County
held an appeal hearing at which time the proponent and appellent were instructed
to meet and resolve their differences regarding the zoning and layout of the
proposal and;
WHEREAS
VII. The proponent and appellent did meet on Feb. 28 , 1979 in the office of
Larry Gottschalk, N404 Pines Rd. to resolve their differences at which time a
mutually satisfactory agreement has been concluded and;
WHEREAS
VIII. The proponent and annellPnt do agree that zoning of the above nropertv
to the Restricted Industrial classification as per Chapter 4.10.030 e of the Spokane County
Zoning Ordinance along with performance of the following covenants and conditions
will mitigate the public burden in meeting those resulting needs by placing it
more directly on the party whose use will give rise to them;
-1-
79 .0481
lOW THEREFORE, be it resolved that uses on the above described property shall
be limited to the following uses and restrictions:
A. The property will be developed substantially in accordance with
the drawings and site plans attached hereto and incorporated herein by this
reference.
B. Only the following uses shall be allowed until such time as the
Board of County Commissioners shall change this agreement:
1. Apartments for permanent residents within store buildings
2. Art or antique shops
3. Bakery
4. Bank
5. Business or professional offices
6. Clinic - medical or dental
7. Employment agencies
8. Libraries
9. Painting and decorating stores
10. Personal service shops of all types, except massage parlors
11. Photographic studios
12. Printing, lithography ar publishing shops
13. Public utility facilities
14. Retail stores of all descriptions where merchandise is
displayed and sold within building provided that total office
and retail storage space shall not exceed 4000 square feet for
any one tenant.
C. Nothing in this agreement shall be construed as to allow or sanction
any outside storage of any material.
D. Storage of the following material shall be prohibited:
a. Corrosive and /or noxious chemicals including acids, acetylene,
ammonia, chlorine and bleaching compounds.
b. Petroleum products utilized for fuel purposes including gasoline,
diesel fuel, coal and coal products.
c. Wrecked automobiles or junk.
d. Explosive products including T. N. T., dynamite and fireworks.
E. No other use shall be permitted, and if a use other than those listed
above, occurs without prior approval of the Board of County Commissioners of
Spokane County, this agreement shall automatically terminate and the zoning class-
ification shall automatically revert back to the multiple family suburban zone
classification and all nonconforming uses shall be immediately abated.
F. Homestead Construction shall dedicate the south 10 feet of the above -
described property along 4th Avenue and the east 10 feet of the advertised
property along Farr Road, together with a 20 -foot radius at the southease corner
of the site comprising the southease corner of Farr Road and 4th Avenue to provide
for widening of street and turning lanes to accomodate traffic uses.
G. The Spokane County Engineers office must prove access before building
permits shall be released.
79 0481
H. Any portion of the the site which is to be occupied or traveled by auto-
mobiles shall be maintained in•hard surface paving.
I. An on -site storm drainage system shall be approved by the Spokane County
Engineers office prior to the release of building permits.
J. A specific landscape plan, planting schedule, and provisions for main-
tenance, for the project shall be approved by the Spokane County Zoning Administrator
prior to the release of building permits. Such plan shall acknowledge and attempt
to buffer the residential uses to the east, west and south of the above - described
property.
K. The applicant shall provide performance bond to cover the cost of the
required landscaping prior to the release of building permits.
L. Methods of sewage disposal shall be approved by the Spokane County
Health District prior to issuance of building permits.
M. This agreement shall run with the land and shall be binding on and
shall inure to the benefit of the parties hereto, their heirs, successors or assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed on the date first above written.
SPOKANE COUNTY, a municipal corporation,
by its Board of County'Commissioners:
JERRY C. KOPET
HARRY M. LARNED
HOMESTEAD CONSTRUCTION, By
clTh
The 400 Farr Apts., By
p son, General Partner
NO . 79 1090
BOARD OF C• • 1/ MTSSTONFJ;S OF SPOKANE. COUNTY. WASHINGTON
AMENDED FINDINGS AND ORDER REGARDING ZONING MAP PROPOSAL, "ZE- 160 -78,
MULTIPLE FAMILY SUBURBAN TO COMMERCIAL ZONE: FORD
WHEREAS, The Spokane County Zoning Hearing Examiner Committee did,
after public hearing on January 18, 1979, forward to the Board of County Commissioners
a recommendation that the Zoning Map not be changed from the existing Multiple Family
Suburban classification on property described as follows:
Parcel #1 : The East 184.2 feet, except the North 605.8 feet of
Block 241, Opportunity.
Parcel 4k2: Beginning 528.8 feet south of the NE corner; thence
S 77'; thence W 364.2'; thence N 77'; thence E 364.2' to POB.
Parcel #3: Part of Block 241, Opportunity: Beginning on EL 451.8'
of NE corner; thence S along EL 77'; thence W 364.2'; thence N 77';
thence E 364.2' to POB.
All in. Section 20, Township 25 N., Range 44, E.W.M., Spokane
County, Washington.
and,
WHEREAS, The Board conducted its own public hearing on February 26,
1979, at the request of Gene Ford, South 312 Farr Road, Spokane, Washington,
(represented by Senske and Associates), to present evidence and testimony in favor
of this application, and
WHEREAS, The Board did consider the recommendation of the Zoning
Hearing Examiner Committee 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 — described zone reclassification, and the Board of County
Commissioners fully considered the testimony given, the records, and the minutes
of the Zoning Hearing Examiner Committee and all evidence presented, and having
individually acquainted themselves with the site and vicinity in question, and
WHEREAS, The Board of Ebunty Commissioners, pursuant to Resolution
No. 79 -481 executed Findings and Order concerning the above— captioned matter,
which Findings incorrectly provided that the zone change was from Multiple Family
Suburban to Restricted Industrial, instead of Multiple Family Suburban to Commercial,
said Findings and Order are hereby rescinded, and the Amended Findings and Order
readopted pursuant to the following conditions:
1) The Board has concluded that the property be zoned to Commercial.
2) That the Board of County Commissioners upholds the conditions of
the Spokane County Zoning Hearing Examiner Committee contained
in the staff's analysis to be sufficient and controlling.
3) That there is similar zoning in the area and similar uses west of the
site on Dishman —Mica Road; therefore, the proposed use is a
compatible land use.
(contd.)
79 1080
ZE- 160 -78 (Amended) (Contd.)
DATED This day of
ATTEST:
By:
4) This land is suitable for the proposed use.
5) That adjacent property owners have come to an agreement as to
what uses are appropriate for this site(as referenced in the
attached Concomitant).
6) That because of the compromise in uses allowable, this proposal
will not be injurious to the public health, safety, or general
welfare.
7) That the Concomitant as revised shall run with the land as special
conditions and be permanently attached to the Zone Change file.
VERNON W. OHLAND
erk of th- Board
'..
Dep "y
- 2 -
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
RAY W. CHRISTENSEN, CHM.
JtKKY l:. Kurtl
HARRY M.IARNED
, 1979.