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ZE-155-78 (2)5 -> At said time and . place, any interested person may appear for, or against, the granting of this application. AGENDA, DECEMBER 15, 1978 SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE Time: Friday, December 15, 1978, 8:30 A.M. Place: Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane ZONE RECLASSIFICATION 11. ZE- 155 -78, Two - Family Residential to Residential Office a. Location: Section 17, Township 25 N., Range 44, E.W.M. The S 1/2 of the W 1/4 of the E 2/5 of the N 1/2 of Block 100, Opportunity, also the N 159 feet of the SE 1/4 of Tract 100 of Opportunity, except the E 203 feet thereof; and except Mullan Street. b. Applicant: Philip L. Rudy North 720 Argonne Spokane, WA 99206 c. Site Size: 42,900 square feet d. Existing Zoning: Two - Family Residential, established July 30, 1957 e. Proposed Zoning: Residential Office f. Proposed Use of Property: Office Buildings g. 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 significant adverse environmental impact. i. Vicinity Location: 7 4 -1= 2 : 1 " gi3 D o -- - 1 - TELEPHONE NO.: 456 -2205 East of Mullan, approximately 150 feet South of Broadway Avenue. S HARP .,W,;..4. ZE-1 55-18 AC TH''; seoPownv • BR MIarON RA /LAOAD -- "' Md . d U 11 NON : ROAD M IL W 03 z INDIA a a z 0 G O i ' N . -- y O Ga r •v At said time and place, any interested person may appear for, or against, the granting of this application. AGENDA, DECEMBER 15, 1978 SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE Time: Place: ZONE RECLASSIFICATION 12. ZE- 156 -78. a. Location: b. c. d. e. f, g o h. Applicant: Agricultural to Local Business and Multiple Family Suburban Site Size: Existing Zoning: Proposed Zoning: Propcsed Use of Property: - 12 - TELEPHONE NO.: 456 -2205 Friday, December 15, 1978, 8:30 A.M. Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane Section 36, Township 26 N., Range 45, E.W.M. Block 103 and the W 67 feet of Block 104, except the portion to be known as Barden's Addition, East Farms Irrigated Tracts Plat 2. Robert W. Fogg East 12929 Sprague Spokane, WA 99216 Approximately 7 acres Agricultural, established, October 4, 1962 Local Business and Multiple Family Suburban Small shopping center with Multiple Family Buffer consisting of 6 Fourplex units. Application of Zoning Provision: Chapter 4.21, Section 4.21.040 Environmental Impact: A topic of discussion at this hearing may be whether or not this proposal will have a significant adverse environmental impact. 1. Vicinity Location: NE corner of Vincent Road and Wellesley Avenue. STAFF ANALYSIS ZE- 155 -78, R -2, TO RESIDENTIAL OFFICE RUDY I. FINDINGS OF FACT a. Zone Classification 1. North: R -2, established, 1957 2. West: Residential Office, established, 1976 R -2, established, 1957 3. South: R -2, established, 1957 4. East: R -2, established, 1957 b. Land Use 1. Site: 2 single family residences 2. North: Single Family Residences 3. West: Single Family Residences and office building 4. South: Single Family Residences 5. East: Single Family Residences c. Development Plan Property area: Proposed building area: Parking area (Spaces): 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: DECEMBER 15, 1978 42,900 sq. ft. /.99 acres 8,000 sq. ft./ 19% coverage Required - 20+ Actual - 70 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. Access permits for the advertised property shall be obtained from the Spokane County Engineer's Office prior to release of building permits. (continued) STAFF ANALYSIS DECEMBER 15, 1978 ZE- 155 -78, R -2, TO RESIDENTIAL OFFICE RUDY 2. An appropriate on -site drainage disposal system shall be approved by the Spokane County Engineer's Office prior to the release of building permits for the project. 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. Approval of sewage disposal facilities by the Spokane County Health District. c. County Fire Marshal's Office: Fire District #1 Installation of fire hydrants to be in accordance with the requirements of the Spokane County Fire Marshall. 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. 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. (continued) STAFF ANALYSIS DECEMBER 15, 1978 ZE- 155 -78, R -2, TO RESIDENTIAL OFFICE RUDY 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. Direct light from any exterior area lighting fixture shall not extend over the property boundary. g. That, if after one year from the date of the Hearing Examiner Committee's action, the applicant has not received final adoption of the zone change, the application is void. Zoning Hearing Examiner Committee Actions of December 15, 1978 (contd.) 4) ZE- 145 -78 , Agricultural Suburban to Residential Office: Sykes Location: Proposal: Action: 5) ZE- 146 -78, Residential Office to Commercial or Local Business: Mirghanbari Location: Proposal: Action: 6) ZW- 148 -78 Location: Proposal: Action: 7) ZE- 149 -78, Location: Proposal: Action: 8) ZE- 158 -78, Location: Proposal: Action: 9) ZE- 89 -78, Location: Proposal: Action: Loca tion: Proposal: Action: Location: Proposal: Action: Approximately 150 feet south of Fourth Avenue, west of Pines. Real Estate Office. Approval. (Vote: Unanimous) Southeast corner of Pines Road and Valley Way, Retail Engineering Supplies. Approval to Local Business zoning. (Vote: Unanimous) , Agricultural to Commercial or Freeway Commercial and Restricted Industrial: Brockman Approximately 1,000 feet north of White Road, west of Hayford Road. 162 unit motel and a 50,000 sq.ft. warehouse — office project. Approval to Commercial and Restricted Industrial zoning. (Vote: Unanimous Agricultural Suburban to Residential Office: Jordan Southeast corner of Broadway Avenue and University Road. Offices. Denial. (Vote: 2 to 1) Agricultural Suburban to Residential Office: Keeling Northeast corner of Broadway Avenue and University Road. Residence and Office. Denial. (Vote: Unanimous) Multiple Family Suburban to Residential Office: McBride Approximately 200 feet west of University Road, north of Main. Offices. Approval. (Vde: Unanimous) 10) ZN- 154 -78, Agricultural to Local Business and Residential Office: Carlson North of Farwell Road and east of P.S.H. No, 3. Offices, Veterinary Clinic, Service Station, and Grocery Store. Denial. (The motion for approval was lost; 1 to 2) 11) ZE- 155 -78, Two — Family Residential to Residential Office: Rudy East of Mullan, approximately 150 feet south of Broadway Avenue, Office Buildings. Approval. (Vote: Unanimous) — 2 — (contd.) ''°' err, ss—t. e-, APPLICATION FOR ZONE RECLASSIFICATION SPOKANE COUNTY Date: June 19, 1978 Application No: Name of Applicant: Phillip L. Rudy Street Address of Applicant: N. 720 Argonne Road City: Spokane State: WA 99206 Telephone No. 928 -7500 Existing Zoning Classification: Date Existing Zone Classification Established: Existing Use of Property: CPC_ F I t L p Proposed Zone Classification: Proposed Use of Property: Legal Description of Property: Section: Property Size: 17, Two — Family Residential Residential Office C FE I Ct Lit L. p /N6 S Assessors Parcel Number: (See Tax Statement) The S 1/2 of the W 1/4 of E 2/5 of N 1/2 of Block 100 Opportunity; also that portion of the W 3/5 of S 1/2 of N 1/2 of Block 100 lvino E of CRP 968A. Tilt /V /5"1 4 Seer C, - ti-• - t S t Vi * f T/2 4CT /O(' Cprtr7Cti'IrY '1'(,e t=9CT feet tLe•rof) a exc r,eT of + L'LLk - nJ s+Ptcti Source of Legal: County Computer at Transamerica Title Company 23,400 sq.ft. i -7 SCC 7/30/57 Total amount of adjoining land controlled by this owner or sponsor: 4 Street Address of the Property: 4/4 7&t' /3lK HU LLA Ji bus r, i11 n•d 17543 -0528 /S6 z.4 -7 � FORM A d7EG Township 25 N. Range: 44.E -W M . T C I At r° S / P - 11 I\ A.. 'L oft 5 #1t AGENDA, NOVEMBER 5, 1981 TELEPHONE NO.: 456 - 2205 SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE Place: Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane ZONING APPLICATIONS WILL BE HEARD IN THE FOLLOWING ORDER. THE HEARING EXAMINER COMMITTEE WILL RECESS FROM 12:00 NOON T01:30 P.M. FOR LUNCH AT A PLACE TO BE ANNOUNCED. ITEMS NOT HEARD PRIOR TO THE 5:00 P.M. ADJOURNMENT WILL BE CONTINUED TO THE NEXT AVAILABLE DATE AS ANNOUNCED BY THE CHAIRMAN OF THE HEARING EXAMINER COMMITTEE. LEGAL DESCRIPTIONS AND PROJECT DETAILS FOR THESE PROJECTS ARE ON FILE AND AVAILABLE IN THE PLANNING DEPARTMENT'S OFFICE. 9:00 A.M. A. ZONE RECLASSIFICATIONS 1. ZS -47 -81 AGRICULTURAL TO MULTIPLE FAMILY SUBURBAN (Continued from October 8, 1981 Hearing) (Generally located on the east side of Regal Road, north of Fifty -fifth Avenue. Section 3- 24 -43) Proposed Use: Site Size: Applicant: No proposed development at this time. Approximately 16.3 Acres SMITH, GRAHAM and McVAY East 2205 - 46th Avenue 2. ZE- 141 -80 CHANGE OF CONDITIONS - LOCAL BUSINESS ZONE (Generally located between Riverside and Main Avenues, approximately 200 feet east of Pines Road. Section 15- 25 -44) Proposed Use: Professional Office Building - Requesting Approval of a Revised Site Plan. Site Size: .66 Acre Applicants: PHILIP RUDY and G. NAVERT North 720 Argonne Road, Suite 'A' 3. CZE- 155 -78 CHANGE OF CONDITIONS - RESIDENTIAL OFFICE ZONE (Generally located adjacent and easterly of Mullan Road, approximately 200 feet south of Broadway. Section 17- 25 -44) Proposed Use: Professional Office Building - Requesting Approval of a Revised Site Plan. Site Size: Approximately 1 Acre Applicant: PHILIP RUDY North 720 Argonne Road, Suite 'A' (contd.) 4 /et EA TA L00 HA RPM A Wb. SHARP ZE715 5 -7s SHANNON •.\% .1N/ I ANA NJ� •ALY WO. A AVE. 'STA Q STH t AVE. K NOY M N M tSSI ON /.O FO 1 " _1000 Cr AVE j . DATE: TO: FROM: SUBJECT: I. GENERAL INFORMATION STAFF REPORT NOVEMBER 5, 1981 HEARING EXAMINER COMMITTEE PLANNING DEPARTMENT STAFF ZONE RECLASSIFICATION NUMBER: ZE- 155 -78 APPLICANT: STATUS OF APPLICANT: REQUESTED ACTION: EXISTING ZONING PROPOSED USE: PROJECT LOCATION: II. SITE PLAN INFORMATION SITE SIZE: SITE CHARACTERISTICS: NEIGHBORHOOD CHARACTER ZONING: LAND USE: North East West South Site North East West South 1981 COMPREHENSIVE PLAN NUMBER OF EXISTING BUILDINGS: 0 NUMBER OF BUILDINGS PROPOSED: Total Square Feet Total Percent of Site Covered Approximately .98 acres DESIGNATION: COMMERCIAL 13 PHILIP L. RUDY Owner Change of Conditions - Site Plan Residential Office (established in 1978) Office Building This site is generally located on the east side of Mullan Road, 200 feet south of Broadway Avenue. Generally flat. The property fronting on Mullan Road is in transition from undeveloped and residen- tial property to office uses to the east; residential uses predominate. Two - Family Residential, established, 1957 Two - Family Residential, established, 1957 Local Business, established, 1979 Two - Family Residential, established, 1957 Residential Office, established, 1977 Undeveloped Single Family Residential Single Family Residential Office, Single Family Residential Office, Single Family Residential ORIGINAL PROPOSED 2 2 8,000 sq.ft. 11,000 sq.ft. 18.6 % 25.6 % II. SITE PLAN INFORMATION (continued) MAXIMUM HEIGHT OF STRUCTURES: PARKING REQUIRED: PROVIDED: III. BACKGROUND /ANALYSIS IV. AGENCIES RECOMMENDED CONDITIONS. IF APPROVED COUNTY PLANNING DEPARTMENT ZONE RECLASSIFICATION NUMBER: ZE- 155 -78 1 story ORIGINAL 20 spaces 70 spaces Conditions of the original approval include the following: 1• PROPOSED 28 spaces 57 spaces The zone change on this property was originally approved in 1978 and provided for two single story buildings. Approximately 8,000 sq.ft. of floor space was then approved. In January of 1981, the applicant sought a change of conditions to allow more than one story buildings on the site and to remove the fencing requirement of the original approval. The Hearing Examiner Committee denied these requests. The applicant's current proposal now asks for a site plan allowing 11,000 sq.ft. of office space in a single story structure. 1. All conditions of the original approval be maintained with the exception of Condition "C -b ", approved December 15, 1978. 2. Applicant's revised plot plan be substituted for that currently on file. 3. 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. 4. That the provisions of SEPA's NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW and the Board of County Commissioner's Resolution #771392 be accomplished by the applicant within thirty (30) days of formal action by the Hearing Examiner Com- mittee as instructed by the Planning Department staff. 5. Interior driveways and parking areas shall be paved. 6. Direct Tight from any exterior area lighting fixture shall not extend over the property boundary. 7. That, if after one year from the date of the Hearing Examiner Committee's action, the applicant has not received final adoption of the zone change, the application is void. ZONE RECLASSIFICATION NUMBER: ZE- 155 -78 a) COUNTY PLANNING DEPARTMENT (continued) 8. Only one story buildings will be allowed. 9. A 6' cyclone fence shall be constructed on the east property line. b) COUNTY ENGINEERING DEPARTMENT NOTE: All required improvements shall be built to meet or exceed minimum County construction standards. 1. Access permits for the advertised property shall be obtained from the Spokane County Engineer's Office prior to release of building permits. 2. An appropriate on -site drainage disposal system shall be approved by the Spokane County Engineer's Office prior to the release of building permits for the project. 3. Applicant shall submit for approval by the Spokane County Engineer road, drainage, and access plans prior to the issuance of a building permit on the property. 4. The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed combined on -site sewage system plan and surface water disposal plan for the entire project prior to the issuance of any building permit on the property. c) COUNTY UTILITIES DEPARTMENT 1. Pursuant to Board of County Commissioners Resolution No. 80 -0418, the use of on -site sewer disposal systems is hereby authorized. This authorization is conditioned on compliance with all rules and regulations of the Spokane County Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health District. 2. The owner, his heirs or successors shall join and participate in any petition or resolution which purpose is the formation of a utility local improvement district (ULID) pursuant to RCW, Chapter 36.94, as amended. The owner, his heirs and succes- sors shall further agree not to oppose or protest any legal assessments for any utility local improvement district (ULID) established pursuant to RCW Chapter 36.94, as amended. 3. Any water service for this project shall be provided in accord- ance with the Coordinated Water System Plan for Spokane County. It ZONE RECLASSIFICATION NUMBER: ZE- 155 -78 c) COUNTY UTILITIES DEPARTMENT (continued) 4. Each unit shall be double plumbed for connection to future areawide collection system. d) COUNTY HEALTH DISTRICT 1. The applicant shall comply with rules and regulations of the Health District in providing for adequate sewage disposal. All necessary Health District permitsshall be obtained prior to build- ing permit issuance. 2. Approval of sewage disposal facilities by the Spokane County Health District. e) COUNTY BUILDING AND SAFETY DEPARTMENT 1. The site is located in Fire District #1. 2. Installation of fire hydrants to be in accordance with the require- ments of the Spokane County Department of Building and Safety. 3. That prior to development of this property that an engineered water distribution system plan shall be submitted to the Spokane County Department of Building and Safety. This distribution plan shall include water main size, flows, locations, fire hydrant type and locations, water storage tanks size, and location and design criteria. 4. Access and circulation plans for emergency vehicles to be approved prior to building permit issuance. f) WATER PURVEYOR 1. Purveyor is Modern Electric Water Company, and they will supply the site with adequate water for domestic, fire and irriga- tion uses. 96 Inter - office Communication To Form 327 -C R Zonine Administrator OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON From County Engineer Subject ZE 155 - 7R Same conditions as per March 6, 1980 hearing. Date October 20 1981 A. INTRODUCTION This matter having come before the Examiner Committee on November 5, 1981, and the members of the Committee present being John R. Culler, Chairman, Kathleen Carstens and Jane Myers. B. PROPOSAL SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS AND ORDER The sponsor, Philip L. Rudy, is requesting approval of a Change of Conditions, File No. ZE- 155 -78, Residential Office Zone, for the purpose of requesting approval of a revised site plan. C. FINDINGS OF FACT 1. That the existing land use in the area is residential, offices, and unde- veloped. 2. That the Comprehensive Plan designates this area as appropriate for Commercial development. 3. That the existing zoning of the property described in the application is Residential Office. 4. That the provisions of RCW 43.21C (The State Environmental Policy Act) have been complied with, and the Committee concurs with the Declaration of Non - Significance. 5. That the proper legal requirements for advertisement of the Agenda Item have been fulfilled. 6. That the and in this area is suitable for the proposed use, or uses within the proposed Zone Classification. 7. That the applicant has demonstrated that conditions have substantially changed since the original zoning of this area and accordingly, the pro- posed rezone is justified. 8. That the proposed use is compatible with existing uses in the area. 9. That the owners of adjacent lands expressed 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. 1 File No. ZE- 155 -78 D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL a) COUNTY PLANNING DEPARTMENT 1. All conditions of the original approval be maintained with the exception of Condition "C -b ", approved December 15, 1978. 2. Applicant's revised plot plan be substituted for that currently on file. Conditions of the original approval include the following: 3. 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. 4. That the provisions of SEPA's NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW and the Board of County Commissioner's Resolution #771392 be accomplished by the applicant within thirty (30) days of formal action by the Hearing Examiner Com- mittee as instructed by the Planning Department staff. 5. Interior driveways and parking areas shall be paved. 6. Direct light from any exterior area lighting fixture shall not extend over the property boundary. 7. That, if after one year from the date of the Hearing Examiner Committee's action, the applicant has not received final adoption of the zone change, the application is void. 8. Only one story buildings will be allowed. 9. A 6' cyclone fence shall be constructed on the east property line. b) COUNTY ENGINEERING DEPARTMENT File No. ZE- 155 -78 NOTE: All required improvements shall be built to meet or exceed minimum County construction standards. 1. Access permits for the advertised property shall be obtained from the Spokane County Engineer's Office prior to release of building permits. An appropriate on -site drainage disposal system shall be approved by the Spokane County Engineer's Office prior to the release of building permits for the project. 3. Applicant shall submit for approval by the Spokane County Engineer road, drainage, and access plans prior to the issuance of a building . permit on the property. 2 b) COUNTY ENGINEERING DEPARTMENT (continued) 4. The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed combined on -site sewage system plan and surface water disposal plan for the entire project prior to the issuance of any building permit on the property. c) COUNTY UTILITIES DEPARTMENT 1. Pursuant to Board of County Commissioners Resolution No. 80 -0418, the use of on -site sewer disposal systems is hereby authorized. This authorization is conditioned on compliance with all rules and regulations of the Spokane County Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health District. 2. The owner, his heirs or successors shall join and participate in any petition or resolution which purpose is the formation of a utility local k improvement district (ULID) pursuant to RCW, Chapter 36.94, as amended. The owner, his heirs and successors shall further agree not to oppose or protest any legal assessments for any utility local im- provement district (ULID) established pursuant to RCW Chapter 36.94, as amended. 3. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County. 4. Each unit shall be double plumbed for connection to future areawide collection system. d) COUNTY HEALTH DISTRICT File No. ZE-155 -78 1. A combined surface water and sewage disposal detailed plan shall be approved by the County Engineer and the Health District prior to the issuance of any building permit for this project. 2. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 3. Subject to specific application approval and issuance of permits by the Health Officer, the use of an individual on -site sewage system may be authorized. 4. Water service must be coordinated through the Director of Utilities, Spokane County. 5. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social and Health Services. 3 File No. ZE- 155-78 d) COUNTY HEALTH DISTRICT (continued) 6. Use of private wells and water systems is prohibited. 7. Disposal of sewage effluent beneath paved surfaces is currently prohibited. e) COUNTY BUILDING AND SAFETY DEPARTMENT 1. The site is located in Fire District #1. 2. Installation of fire hydrants to be in accordance with the requirements of the Spokane County Department of Building and Safety. 3. That prior to development of this property that an engineered water distribution system plan shall be submitted to the Spokane County Department of Building and Safety. This distribution plan shall include water main size, flows, locations, fire hydrant type and locations, water storage tanks size, and location and design criteria. 4. Access and circulation plans for emergency vehicles to be approved prior to building permit issuance. f) SPOKANE VALLEY FIRE DEPARTMENT 1. Mains and hydrants need to be installed. Access plans for firefighting equipment around the building shah be approved prior to building permit issuance. g) WATER PURVEYOR 1. Purveyor is Modern Electric Water Company, and they will supply the site with adequate water for domestic, fire and irrigation uses. h) COUNTY AIR POLLUTION CONTROL AUTHORITY 1. Require that during construction fugitive dust emissions be controlled, and that all parking lots and access roads be paved and kept clean. 4 E. ORDER The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Philip L. Rudy, for a change of conditions as described in the application should be approved. . Motion by: Myers Vote: Unanimous to Approve (3 - 0) ATTEST: WALLIS D. HUBBARD Planning D,(rector By: Date: YC r� /��flh / /1 5 File No. ZE- 155 -78 Seconded by: Carstens HE NG EXAMINER COMMITTEE Ghairmtn 0 , _age-AeJ SPOKANE COUNTY PLANNING DEPARTMENT APPLICATION FOR ZONE RECLASSIFICATION Date: 6 7_ -3 - / Application No: ZE /i`S j,1 - 7 Q Name of Applicant: pt /1 1 p /C L.', Street Address of Applicant: /V -754 Ak'6 [ St% 4 City: .S j - State: (1 % 7 4S/( Zip Code: / -WC Tele. No. 7 ri '-S S -7S ? 0 Name of Property Owner(s): Pt) IL I P l- a C4/201- 4 12 /1/x'/ Authorized Agent representing Owner (if other than owner): Existing Zoning Classification: Pe 5 I 0 EA 1 L 0 Fl= I C C- Date Existing Zone Classification Established: D /•s 1 9 7 8 Existing Use of Property: C FIELD Proposed Zone Classification: Al- IllL l)'/ 704'E -0 — 0 Proposed Use of Property: I: SS I PCW r L C FF( Legal Description of Property: S '/z v/ tLQ W '/y o L(� 6 Z/s a171J N 'l , 100 0i77erT�.,T u tg,. /✓ Is % Zr i ,— /00 ,a cif 17:4,', /00 fr, E av3 i»71- ` , ail .+%l/ct 5 )11/LL /1" /J ,t, Section: Township: Source of Legal: j° /] A/ S A P1 612 1 C /\ t 11 L « Assessor's Parcel No: (See Property Size: 7 {, �� I n / S / -VL-LO I(CC•cT ik Range: iiy W!9, tax statement) Frontage: 3 Feet on: M '1 OLL /}h/ Total amount of adjoining land controlled by this owner or sponsor: / � / acres Street Address of the Property: 7)✓ AK it %4 4/ xig A/ 6o /at: If you do not hold title to the property affected by this application, what is your interest in it? hl Ave 7 Please list previous Planning Department actions involving this property: 5-6 ZF - ISM 7 g Al,.( llF -IS 30 ALL OF THE FOLLOWING QUESTIONS MUST BE ANSWERED: 1. What are the changed conditions of the site area, which you feel make this proposal warranted? RED Ltlt DLI'ARr4iewi IZEQU 4 16 - .NlS (,F pltdl4';= i_cLA /O TC' 2. What effect will the proposed zene ! have on the adjacent properties? L4R4CE OF CCNp it /Cit' % E w&1: 0 c1;44 1 .1 /hu'sui /46 Rev. 2/3/81 This section of the application will provide the Planning Department's Staff with written verification that the applicant has had preliminary consultation with the agencies identified. Results of the preliminary consultation should be incorporat- ed in the proposal before final submittal to the Planning Department. 1. COUNTY ENGINEER'S OFFICE A preliminary consultation has been held to discuss the proposal. Our requirements for submittal of this proposal for rezone have been satisfied. (Signature) 71 2. COUNTY UTILITIES OFFICE A preliminary consultation has been held to discuss the proposal. Our requirements for submits of this proposal for r zone hav�jJen satisfied. he designated water p r e r for this site is /1(01-1, --r, grtaZ re) d (Date) (NAME) /1 /)&0 1ZN ELECrr c k.'4 rE ta C.G. 3. W TER PURVEYOR a) The proposal area. a 2 y O o•. 0 g h 1 c) We Care (are not) ) able to serve this site with adequate water. b) Satisfactory arrangements (have) (have not) been made to serve this proposal. - (Signature) 7 4. BUILDING AND SAFETY DEPARTMENT A preliminary consultation has been held to discuss the proposal. Our requirements for submittal of this proposal for rezone have been satisfied. This .roposal is located in Fire District # F ignature) —/ 5. COUNTY HEALTH DISTRICT NOTARY SEAL: APPLICATION FOR ZONE RECLASSIFICATION -- continued -2 (is not) located within the boundary of our service (Date) (Address) . /,)o (Date) a. 11• g► (Date) SIG URE OF APPL� NT OR AGENT 1/ /987 A p eliininary consultation has been held to discuss the proposal. The appli an has ed of our requirements ,and„ standards. fl /9 ,Q/ (Date) ) I, THE UNDE•'IGNED, SWEAR UNDER THE PENALTY OF PERJURY THAT THE ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOW- LEDGE. I FURTHER SWEAR THAT I AM THE OWNER OF RECORD OF THE SITE PRO- POSED FOR ZONE RECLASSIFICATION, OR, IF NOT THE OWNER, ATTACHED HEREWITH IS WRITTEN PERMISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS OR HER BEHALF P (Signed) / / Date: % — 77- (;') Phone: qt) S_ 7seo S ✓L z �11 N Zip: 95)06 NOTARY eV24.f�"�""�` -' / /v ate: 9 /(T/ Date: Rev. 2/3/81 DATE: TO: FROM: SUBJECT: STAFF REPORT March 6, 1980 HEARING EXAMINER COMMITTEE PLANNING DEPARTMENT STAFF ZONE RECLASSIFICATION NUMBER: ZE- 155 -78 CHANGE OF CONDITIONS 3 9 -i7 I. GENERAL INFORMATION / APPLICANT: Philip Rudy 1) ?20 ArvPn 1 a EXISTING ZONING: Residential Office REQUESTED CHANGE OF A) The applicant is requesting that two CONDITIONS conditions required of the zone reclass- ification be eliminated. • Condition h. "Only one story build- ings will be allowed." Condition i. "A 6 foot cyclone fence shall be constructed on the east pro- perty line." PROPOSED USE: A two story office building and a one story office building PROJECT LOCATION: Generally located approximately on the east side of Mullen Road, 170 feet south of Broadway Avenue. II. SITE PLAN INFORMATION SITE SIZE: Approximately .98 acres SITE CHARACTERISTICS: The site is fairly flat and overgrown with weeds. NEIGHBORHOOD CHARACTER: The property fronting on Mullen Road is in a transition from undeveloped and residential property to Residential Office uses. The remaining area to the east is residential. LAND USE: Site Undeveloped North Single family East Single family West Office /single family South Single family /office 4 �E 9 B kI ILWAUKEE M ISI }I l ON U R R0 M ; f4. Fire tabor nit • • 1 JI • 4 RavtRSlD[ Y J .• E AVE BROADWAY M W ELL ROAD Ns 2 312+ . G 3 044 a a > a I 0 0 o G! RAI LAOAD — . A ' or- II. SITE PLAN INFORMATION (continued) ZONING: COMPREHENSIVE PLAN NUMBER OF BUILDINGS PROPOSED: Height of Structures Total Square Feet Percent of Coverage Parking Required Parking Provided III. BACKGROUND /ANALYSIS On December 15, 1978 the Hearing Examiner approved this request with several conditions, two of which the applicant is requesting be removed. The first being a height limitation of one story. There is a two story office building south of this site. The second condition is that of a 6 foot cyclone fence on the east property line. There are several fenced yards on the east property line. However, not all of them are six feet and several yards have no fences. Should the Hearing Examiner Committee require a fence, consideration might be given to a sight- obscuring one. The applicant is also considering changing the parcel sizes of the two sites. Should he accomplish this the building on the southern site will have to meet the side yard requirement of 10 feet from the northern property line. Spokane County Health District indicates that this project lies over the Spokane Aquifer; is within Critical Water Supply Service Area #3 and service area of Modern Electric Company. Soils are suitable for use of on -site sewage disposal systems. It lies within the 208 Study recommended Primary Sanitary Sewer Area. Disposal of sewage effluent beneath paved surfaces may be prohibited. IV. AGENCIES RECOMMENDED CONDITIONS a) COUNTY ENGINEER ZONE RECLASSIFICATION NUMBER: ZE -15! 3 North Two Family Residential, established, 1957 East Two Family Residential, established, 1957 West Local Business, established, 1979 Two Family Residential, established, 1957 South Twd Family Residential, established, 1957 Residential Office, established, 1977 DESIGNATION: 1. Access permits shall be obtained from the Spokane County Engineer's Office prior to issuance of building permits. 5 Residential Neighborhood Old Proposal 2 2 @1 8,000 18.6 20 70 New Proposal 2 1 @1 1 @2 11,500 17.5 29 72 IV. AGENCIES CONSULTED /COMMENTS RECEIVED (continued) a) COUNTY ENGINEER (continued) b) COUNTY HEALTH DISTRICT c) SEPA ZONE RECLASSIFICATION NUMBER: ZE- 155 -78 2. A detailed combined on -site sewage system and surface water disposal plan for the entire project shall be approved by the Spokane County Engineer and the Spokane County Health District prior to the issuance of any building permit. 3. 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. 1. A combined sewage and surface water disposal plan shall be approved by the Spokane County Engineer and Spokane County Health District prior to issuance of any building permits. 2. Water service shall be from Modern Electric Company only. 3. Sanitary plumbing shall be installed to facilitate connection to an area -wide sewerage system. 4. The owner, his heirs and assigns shall agree to participate in and not protest assessments for any local improvement district for sewering to serve this property. 5. Connection to area -wide sewer collection system shall be made when the system becomes available. 1. That the provisions of SEPA's Notice of Action pursuant to 43.21C.080 RCW be initiated by the applicant within thirty (30) days of final action of the Responsible Administrative Body and be completed before any site improvements are made. d) ZONING 1. The applicant shall develop subject property generally in accord- ance 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. 2. All remaining conditions of the original approval shall apply to this approval. & Inter - office Communication To From Subject Form 327 -C R Zoning Administrator Cnu ^ty Fe%'nner ZE jSS.7R OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON - Same conditions as on original request. pl 5618 - Nev- 620 Date February 1s- 19�Q_ A. INTRODUCTION B. PROPOSAL C. FINDINGS OF FACT SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS AND ORDER D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL 1 File No. ZE- 155 -78 This matter having come before the Examiner Committee on March 6, 1980, and the members of the Committee present being Jane Myers, Acting Chairman, Ted McCoury and Paul Sceva, Jr. and having personally visited the site. The sponsor, Philip Rudy, is requesting approval of a Change of Conditions, ZE- 155 -78, to eliminate two conditions of the original zoning approval for reclass- ification to the Residential Office zone. 1. That the existing zoning of the property described in the application is Residential Office. 2. That the provisions of RCW 43.21C (The State Environmental Policy Act) have been complied with. 3. That the proper legal requirements for advertisement of the Agenda Item have been fulfilled. 4. That the applicant has not demonstrated that conditions have substantially changed since the original zoning of this area and accordingly, the pro- posed request for a change of conditions is not justified. 5. That the owners of adjacent lands expressed both approval and disapproval of the proposed changes. 6. The Hearing Examiner Committee does not find the proposed changes to be beneficial to the public health, safety, and welfare. 7. The following are additional findings of fact considered by the Hearing Examiner Committee: a) That development on the east side of MuIlan Road should be limited to one story structures to protect adjoining residential areas. b) That fencing is necessary to protect adjoining residential properties. 1. The fencing shall be six feet in height and be of cyclone type construction, the first forty -two inches of such fencing shall be sight- obscuring as required by the Residential Office zone. • E. ORDER The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Philip Rudy for a change of conditions as described in the appli- cation should be denied. Motion by: McCoury Vote: Unanimously (3 -0) Denied ATTEST: JAMES L. MANSON Acting Planning Director By: .fl/&to - /L /r- ZZrnJO O f 2 File No. ZE- 155 -78 Seconded by: Sceva, Jr. HEARING EXAMINER COMMITTEE I /lr.f.�/ a f9cih Chairman 5J >7! CL, ` � .� O 0 -