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ZE-48-80Zoning Hearing Examiner Committee Actions of May 8, 1980 3) ZE- 158 -79, Multiple Family Suburban - Change of Conditions: Calistr0 Location: Generally located 1,300 feet south of Trent Avenue on the west side of Pines Road. Section 9- 25 -44, Proposal: Eliminate conditions requiring a specific developer to construct condominiums. Delete Conditions 2 and 3 of the original approval. Action: Approval. (Vote: 3 - 0) ,4) ZE- 40C -73, Local Business - Change of Conditions: Gillis Location: Generally located 335 feet south of Mission Avenue, between Mullan and Argonne Roads. Section 17- 25 -44, Proposal: Request approval for a new development plan. Action: Approval. (Vote: 3 - 0) 5) ZW- 36 -80, Agricultural to Freeway Commercial and Multiple Family Suburban: Goodner Location: Generally located north of the Medical Lake - Four Lakes Road and west of the State Highway No. 904 - Four Lakes, Washington. Section 23- 24 -41. Proposal: Body, fender and towing business /Four -plex. Action: Approval. (Vote; 3 - 0) 6) - 'A ricultural Suburban to Multiple Family Suburban: Scroggin Location: Generally located 650 feet west of University Road on the south side of 4th Avenue. Section 20- 25 -44, Proposal: 12 -Unit Apartment Complex, / Action: Denial. (Vote: 2 - 0) The requested proposal is completely surrounded by Agricultural Suburban zoning; approval of this request would constitute a spot zone for the area. 7) ZE- 215 -79, Agricultural to Commercial: Tombari Location: Generally located at the northeast corner of Argonne Road and Knox Avenue, extended east. Section 8- 25 -44. Proposal: Fast Food Restaurant /Retail Outlets. Action: Approval. (Vote: 3 - 0) 8) ZE- 57 -80, Agricultural and Two- Family Residential to Residential Office: Redeemer Lutheran Church Location: Generally located at the northeast corner of Mullen Road and Valley Way. Section 17- 25 -44, Proposal: Office Building. Action: Approval. (Vote: 3 - 0) 9) ZE- 43 -80, Commercial to Residential Office: Allison Location: Proposal: Action: Generally located at the southeast corner of Liberty Drive and Melkapsi Street, Liberty Lake. Section 22- 25 -45. 21 -Unit Apartment Complex. Denial without prejudice. (Vote: 3 - 0) The applicant had not supplied sufficient information concerning the availability of water service and sewer service. The proposed development also did not provide adequate off - street parking for the occupant of the development. - 2 - ( contd.) Inter - office Communication Form 327 -CR. 7nn'na kdmfniatrntnr T� From COnnty Vngf nnor Subject 7W LR-RA P 1 - 5' 4th Ave. 015 4th Ave. 017 018 019 OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON Date Afar} 1 79 r AGENDA, MAY 8, 1980 TELEPHONE NO.: 456 - 2205 SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE Place: Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane 9:00 A.M. A. ZONE RECLASSIFICATIONS ZE- 158 -79 MULTIPLE FAMILY SUBURBAN - CHANGE OF CONDITIONS (Generally located 1,300 feet south of Trent Avenue on the west side of Pines Road. Section 9- 25 -44) Proposal: Eliminate conditions requiring a specific developer to construct condominiums. Applicant: CALISTRO 2. ZE- 40C -73 LOCAL BUSINESS - CHANGE OF CONDITIONS (Generally located 335 feet south of Mission Avenue, between Mullan and Argonne Roads. Section 17- 25 -44) Proposal: Change of site plans. Applicant: GILLIS (7.56 Acres) ,( -.85 Acres) 3. ZW- 36 -80 AGRICULTURAL TO FREEWAY COMMERCIAL AND MULTIPLE FAMILY SUBURBAN (Generally located north of the Medical Lake - Four Lakes Road and west of the State Highway No.904 - Four Lakes, WA. Section 23- 24 -41) Proposed Use: Body, Fender and Towing /Four -Piex Applicant: GOODNER ( .67 Acres) 4, ZE- 48 -80 AGRICULTURAL SUBURBAN TO MULTIPLE FAMILY SUBURBAN Arnold (Generally located 650 feet west of University --- Road on the south side of 4th Avenue. Section 20- 25 -44) Proposed Use: 12 -Unit Apartment Complex. Applicant: SCROGGIN ( .72 Acres) 5. ZE- 215 -79 AGRICULTURAL TO COMMERCIAL (Generally located at the northeast corner of Argonne Road and Knox Avenue, extended east. Section 8- 25 -44) Proposed Use: Fast Food Restaurant /Retail Outlets Applicant: TOMBARI (2.0 Acres) 6. ZE- 57 -80 AGRICULTURAL AND TWO- FAMILY RESIDENTIAL TO RESIDENTIAL OFFICE (Generally located at the northeast corner of Mullan Road and Valley Way. Section 17- 25 -44) Proposed Use: Office Building. Applicant: REDEEMER LUTHERAN CHURCH ( .58 Acres) • Ltt 'Z /99/ I FOUR TH M / / WAUKEE S I x T M SEVENTH CL f 4v$ we 4 : a4 0 / 0 U EIGr• 10 TIi C; I O E 1" =1000 Oa • I Il it rt 1 a Q( u I — I4 C Medico! I I \ I ZW36-8OE i \ \c Avenue 5 13 1 a R° DATE: TO: FROM: SUBJECT: STAFF REPORT May 8, 1980 HEARING EXAMINER COMMITTEE PLANNING DEPARTMENT STAFF ZONE RECLASSIFICATION NUMBER: ZE -48 -80 I. GENERAL INFORMATION APPLICANT: J. Anthony Scroggin STATUS OF APPLICANT: Purchaser of Property PROPERTY OWNER: T. F. Ward REQUESTED ZONING: Multiple Family Suburban EXISTING ZONING: Agricultural Suburban (established 1958) e- PROPOSED USE: 12 -Unit Apartment Complex &p 4&ur PROJECT LOCATION: Generally located 650 feet west of University Road on the south side of 4th Avenue. II. SITE PLAN INFORMATION SITE SIZE: SITE CHARACTERISTICS: Approximately .70 Acres. The site is a generally flat treed lot without any structures at present. NEIGHBORHOOD CHARACTER: Generally single family residential and undeveloped land occur in the vicinity. A 12 -unit apartment building lies north of 4th Avenue from this proposal. LAND USE: Site Undeveloped North Multi - Family /Single family residential /University City East Single family residential West Single family residential South Single family residential ZONING: North Agricultural Suburban, established 1968 East Agricultural, Multiple Family Suburban, established 1958, 1962 West Agricultural Suburban, established 1958 South Agricultural Suburban, established 1958 COMPREHENSIVE PLAN DESIGNATION: Residential Neighborhood NUMBER OF BUILDINGS EXISTING: 0 NUMBER OF BUILDINGS PROPOSED 2 Total Square Feet 24,192 sq.ft. Percent of Coverage 12.8% (contd.) II. SITE PLAN INFORMATION (contd.) AVERAGE DENSITY 15.7 Units per acre. MAXIMUM HEIGHT OF STRUCTURES: 3 PARKING REQUIRED: 18 Spaces PROVIDED: 18 Spaces III. BACKGROUND /ANALYSIS IV. AGENCIES RECOMMENDED CONDITIONS a) COUNTY FIRE MARSHAL ZONE RECLASSIFICATION NO. ZE -48 -80 The applicant has indicated two 3 -story 6 -unit apartment buildings to be developed in two phases. Each phase will be required to meet parking and setback conditions as required under the Spokane County Zoning Ordinance. The existing 12 -unit apartment across 4th Avenue from this proposal was established in 1965. On July 25, 1968, the Planning Commission adopted a Zoning Plan for Fourth Avenue, between Felts and University Roads. The Plan established all zoning in the immediate area as Agricultural Suburban and was intended to prohibit multiple family development in the future. In 1978, an apartment complex was approved 150 feet west of University Road on the north side of Fourth Avenue. The Spokane County Health District finds that: 1. This project lies over the Spokane Aquifer. 2. It is within Critical Water Supply Service Area No. 3, and within the service area of Modern Electric Company. Groundwater resources appear adequate to support development at this density. 3. The project is inside the 201 Sewer Study Area Zone No. 3, and inside the Primary Sanitary Sewer Area recommended in the '208' Study. The method of sewage disposal is subject to approval of the Director of Utilities pursuant to County Resolution 80 -0418 adopted March 24, 1980. The topography and soils in the area are generally suitable for use of individual on -site sewage systems. 1. The site is located in Fire District #1. 2. Adequate water for fire protection, and distribution of such water is required. A plot plan showing fire protection water distribution and access for emergency vehicles is required to be submitted for approval prior to any land use. b) COUNTY ENGINEER 1. Applicant shall dedicate 5 feet on 4th Avenue for right of way. - 2.5= (contd.) ZONE RECLASSIFICATION NO. ZE -48 -80 IV. •AGENCIES RECOMMENDED CONDITIONS (contd.) b) COUNTY ENGINEER (contd.) 2. Applicant shall construct cement concrete curb, sidewalk and pave to existing pavement on 4th Avenue. 3. An appropriate off -site drainage disposal system and access plans shall be approved by the Spokane County Engineer's Office prior to the issuance of building permits for the project. 4. A detailed combined on -site sewage system and surface water disposal plan for the entire project shall be approved by the County Engineer and the Spokane County Health District prior to the issuance of any building permit. 5. The design, location and arrangement of parking stalls shall be in accordance with standard traffic engineering practices. Any portion of the project which is to be occupied or traveled by vehicles shall be maintained in hard surface paving. c) WATER PURVEYOR 1. Purveyor is Modern Electric Water Company, and they will supply the site with adequate water for domestic fire and irrigation uses. d) COUNTY HEALTH DISTRICT e) SEPA 1. Water service must be coordinated through the Director of Utilities, Spokane County. 2. Water service shall be by an existing public water supply. 3. The use of individual wells is not authorized. 4. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 5. The owner, his heirs, and successors shall agree to not protest legal assessments and utility local improvement districts to provide central sewerage service to this lot. 6. A combined surface water and sewage disposal detailed plan shall be approved by the County Engineer and the Health Officer prior to the issuance of any building permit for this lot if on -site sewage disposal is authorized by the Director of Utilities of Spokane County. 1. 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. 2. The request has proven to be environmentally non - significant. Therefore, a final declaration of non - significance shall be signed by the Chairman of the Hearing Examiner Committee. ( contd.) ZONE RECLASSIFICATION NO. ZE -48 -80 IV. AGENCIES RECOMMENDED CONDITIONS (contd.) f) ZONING 1. A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane County Zoning Administrator shall be submitted with a performance bond for the project prior to release of building permits. 2. 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, 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. 3. Direct light from any exterior area lighting fixture shall not extend over the property boundary. g) SPOKANE COUNTY UTILITIES 1. An on -site sewage system be allowed under the rules and regulations of the Spokane County Health District. 2. The owner, his heirs and successors shall agree not to protest legal assessments for any utility local improvement district to provide central sewerage service to this property. 3. Water service shall be provided by the Modern Electric Water Company in accordance with the Coordinated Water System Plan for Spokane County. 3) That adequate provisions for the proposed development can be provided for: residential, commercial, industrial and mining uses. An applicant is required to present a copy of the proposed DEVELOPMENT PLAN with this worksheet to each of the listed agencies for their review and determination as to whether the proposal can meet minimum State, County and Health District require— ments,: (Note: Applicant shall contact indicated aaencies in sequence listed below ) £ART [ — to he completed by Spokane County Engineer A preliminary consultation meeting has been held with the Spokane County Engineer's Office and the proposed development has been reviewed. ,•S 1) State DOT Review required: 2) ' Access to be limited to: 3) Application # This document will provide the Planning Department Staff with written verification that: 1) The site's legal description has been reviewed by the Engineering and Planning Departments who agree that the legal description is acceptable. 2) That the proposed development can meet the requirements of the County Health District, the County Engineers, the County Utilities Department, County Fire Marshal and Water Purveyor. A ccess permit is required. 8) � wai Ile—. idek is required, -t: , «: Oft' 4): ;a. . l•Bed ication for right—of—way is required. . feet on 4 'f'¢ — Radius — foot) is required. n and Slope easement is required 5) J--e' Drainage Plan is required, _)(% on —site 6) ll 1 —O"} -- Paving Permit is required, ( 'feet on , 7 )': or Y •ed Urb is required, (along (along 4 Yes A No Sig rde - Date Reaioracaat, Avenue.) Applicant must be willing to participate in future LID /RID, r '• Legal description is acceptable as reviewed, } ;, Road, Street, Avenue.) off —site. Road.) Road, Street, Avenue.) Road, Street, Avenue.) 2c- 1ES A. INTRODUCTION SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS AND 'ORDER File No. ZE -48 -80 This natter having come before the Hearing Examiner Comittee on Timmlay , M 8 , 1980, and the members of the Committee present being Ted McCourv. Acting Chairman, Kenneth Kennedy and Eldon Thomas B. PROPOSAL The sponsor, 3. Anthony Scroqqin is requesting approval of a OUP40exOf RidkOkt>3ms /zone reclassification, File No. . ZE -48 -80 , Agricultural Suburban to Multiple Family Suburban , for the purpose of developing a 12 -Unit Apartment Complex. C. FINDINGS OF FACT 1. That the existing land use in the area is residential, commercial, and undeveloped. 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 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 the land in this area is swi#hI;i11e /unsuitable for the proposed use, or uses within the proposed Zone Classification. 7. That the applicant hug /has not demonstrated that conditions have substantially changed since the original zoning of this area and accordingly, the proposed rezone ix/is not justified. 8. That the proposed use isYOttoatci4xkeVincompatible with existing uses in the area. 9. .That the owners of adjacent lands expressed NgitcPW OWMT /disapproval/ tattxof the proposed use. 10. The Hearing Examiner Conmiittee 6cia ac/does not find 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: - That the property reouested for reclassification is completely surrounded D. CONDITIONS OR CONTINGENCIES +PPLIED TO THIS APPROVAL (List her all conditions noted 'n Staff Analysis) E. ORDER by Aciririiltural Suhiirhan zoning, - That this request would constitute a spot zone for this area. The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of J. Anthony Scroggin File No. ZE -48 -80 -2- for a x>oaxuecX xxxxxkiM005izone reclassification as described in the application should be »vtxxwcexWdenied. Motion by: Kennedy Vote: Denied 2 - 0 ATTEST: JAMES L. MANSON Acting Planning Director By: ,4 2!'JC/ii_' Seconded by: HEARIIJG EXAMINER COMMITTEE C\/ F_J /% /c. U 7[,'LC,�'2'' athairman YkIAA File No. ZE -48 -80 McCoury Date: y� Application No: .e__.-- �a -1 -7: Name of Applicant: , 41.1790✓I�/ SC (oaq , J 1 Street Address of Applicant: /2 42 / �. Ai 1IPr / J 9 City: cPPc/r'7v/G' State: lilt, Telephone No. 92I ?704 Existing Zoning Classification: Date Existing Zone Classification Established: Existing Use of Property: Proposed Zone Classification: /7 * �•, ,fit/ Proposed Use of Property: Legal Description of Property: �fig Meld 4 sty Qr 0 // ' T 7r", p c, / pa jzo in Spoeilvi r- (d.r,A ; f YGe,41t [A9 air's/ 111; • fT / // I Pveo ,' , c,i/ if ye cpt /It "or /o✓i /17 /ti LU,/n /fl /4, -/Pi . ,�J /()IA / �OPcoy vl �f / 04 /�/'� o r r /rl� / !•1 (i 1� V /J to Z/4 / V ' F c" 4 ''t-crv - APPLICATION FOR ZONE RECLASSIFICATION SPOKANE COUNTY /Il.rir' /1_7JOAi Std ?i _ .1 /Y 07` ,� tin r FORM A *-ilf 0/ j;c1Pr 2U Section: Township Range: I? Source of Legal: Assessors Parcel Number: (See Tax Statement) Property Size: Total amount of adjoining land controlled by this owner or sponsor: I r'1 0 Street Address of the Property: Who Holds Title to the Property: If you do not hold title to the property affected by this application, what is your interest in it? /UV'C!� C P r �. _ Furnish a letter from a Title Insurance Company, showing the property owners of record, their address, within 400 feet of the exterior boundaries of subject property.