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ZE-104-79 (2)AGENDA, AUGUST 16, •1979 TELEPHONE NO.: 456 -2205 SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE Time: Place: ZONE RECLASSIFICATION_ 8. ALE- 104- 79)ariculturnl Snhnrhan to Commercial a. Location: - 8 - /7 Thursday, August 16, 1979, 1:30 P.M. Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane Section 17,Township 25 N.,Range 44,E.W.M. Part of the NW 1/4 of Block 20, Opportunity, described as follows: Beginning at the point of intersection of the South line of Mission Avenue with the East line of Argonne Road Permanent Highway #31; thence East on the South line of Mission Avenue, 125 feet; thence South parallel with the East line of said Argonne Road, 125 feet; thence West parallel with the South line of Mission Avenue, 125 feet to the East line of said Argonne Road; thence North on the East line of said Argonne Road, to the Point of Beginning. b. Vicinity Location: South of Mission Avenue, east of Argonne Road. c. Applicant: Henry W. Gerber South 2520 Napa Street Spokane, WA 99203 d. Site Size: 15,625 square feet e. Existing Zoning: Agricultural Suburban, est. December 8, 1953 f. Proposed Zoning: Commercial g. Proposed Use of Property: Precision Tune (auto tune -up center) h. Application of Zoning Provision: Chapter 4.21, Section 4.21 .040 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." w-di. .lit SHAH NON nu!.u`. n _r qvt f T4LDO AkLON K L ►s :t41 : . N ,, o - U i - S•< -NNON JJ I N • No35U( E10479 .350 MISSION _ YON T44M[BA BUCK t. TL DR On T GOMENr 1LL EL /969 0 G JLL!5ON Lid 0 0 ✓ r • o 2 I /> DATE: TO: FROM: SUBJECT: II. SITE PLAN INFORMATION SITE CHARACTERISTICS: LAND USE: ZONING: STAFF REPORT AUGUST 16, 1979 PLANNING COMMISSION HEARING EXAMINER COMMITTEE ZONE RECLASSIFICATION NUMBER: ZE- 104 -79 GENERAL INFORMATION APPLICANT: • Henry & Susan Gerber STATUS OF APPLICANT: Mortgagee PROPERTY OWNER: Farmers & Merchants Bank (Holds Title) REQUESTED ZONING: Commercial EXISTING ZONING: Agricultural Suburban PROPOSED USE: Precision Auto Tune -Up Center PROJECT LOCATION: North 1520 Argonne Road, southeast corner of Argonne Road and Mission Avenue SITE SIZE: Approximately 15, 625 sq. ft. The site is flat and has existing structures on it. NEIGHBORHOOD CHARACTER: The neighborhood is in transition from single family and undeveloped to commercial uses. Site Vacant Retail- Vegetable store North New Pizza Haven/ 1 -90 East 7 -11 Store West Gas station /Greyhound Depot South Undeveloped /Sneva's Lightening Lube North Commercial, established, 1978 East Local Business, established, 1973 West Local Business, established, 1953 South Local Business, established, 1973 Northwest Agricultural, established, 1946 II. SITE PLAN INFORMATION (continued) ZONE RECLASSIFICATION NUMBER: Zr COMPREHENSIVE PLAN DESIGNATION: Commercial NUMBER OF BUILDINGS PROPOSED: An addition to already existing building NUMBER OF EXISTING BUILDINGS: 1 building Total Square Feet Approximately 2,550 sq. ft. Percent of Coverage 16% • MAXIMUM HEIGHT OF STRUCTURES: 1 story PARKING REQUIRED: 6 PROVIDED: 10 HI. BACKGROUND /ANALYSIS The site was formerly the Vegetable Tree business and has been of a commercial nature for some time. IV. AGENCIES CONSULTED /COMMENTS RECEIVED a) COUNTY FIRE MARSHAL No comments b) COUNTY ENGINEER No conditions at this time. c) WATER PURVEYOR MODERN ELECTRIC WATER COMPANY 1. We are able to supply the site with water. d) COUNTY HEALTH DISTRICT No comment e) SEPA 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 ZONE RECLASSIFICATION NUMBER: ZE- 104 -79 IV. AGENCIES CONSULTED /COMMENTS RECEIVED (continued) f) OTHER STANDARD CONDITIONS If the Zoning Hearing Examiner approves this request, the following conditions should be considered: 1. Compliance with all requests stated under Reviewing Agency Comments above. 2. 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, building materials, land- scape 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. 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. Interior driveways and parking areas shall be paved. S. Direct light from any exterior area lighting fixture shall not extend over the property boundary. 6. Landscaping shall be provided along the south property line. SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS AND ORDER 1 File No. ZE- 104 -79 A. INTRODUCTION This matter having come before the Examiner Committee on August 16, 1979 , 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; John Rowe, representing applicants for a Zone Reclassification, Agricultural Suburban to Commercial for the purpose of a Precision Auto Tune -Up Center B. FINDINGS OF FACT 1 . That the existing land use in the area is generally commercial and undeveloped 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 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 this proposal +} /is not in conflict with the provisions of adopted regulation. 7. That the land in this area is suitable /un 4+ tela for the proposed use, or uses within the proposed Zone Classification. 8. That the proposed use is compatible / __ ,,._'L'e with existing uses in the area. 9. That the owners of adjacent lands expressed neither /approval /disapproval/ -kertr of the proposed use. 10. The Hearing Examiner Committee finds /d.__ ., ,*nrthe 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) .That the property had been used as a service station at one time and there might still be the possible existence of underground storage tanks. b) • C. ORDER The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Henry W. Gerber for a Zone Reclassification as described in the application should be approved /alerrret?T Special conditions or contingencies applied to motion: 1. That the underground flammable storage tanks be removed, or proof be submitted that they have been removed in the past. 2. All Agency requirements and standard conditions as outlined in the Planning Staff Report. k. That the Hearing Examiner Committee after hearing all testimony and a review of the slat analysis adopts the proposed declaration of non - significance and directs the chairman of the committee to sign the final declaration of non- significance. 2 File No. ZE-104-79 Motion by: Mr, Culler Vote: ATTEST: FRED L. DAYHARSH Planning 'Director By: UNANIMOUS 3 Seconded by: HEARING EXAMINER COMMITTEE File No. Mrs , Byrne ZE- 104 -79 Zoning Hearing Examiner Committee Actions of August 16, 1979 (contd.) 4) ZE 86 -79, Multiple Family Suburban to Commercial: Harsh (Agent for Burger King) Location: Proposal: Action: 5) ZE 96 -79, Agricultural Suburban to Local Business: Raines Location: Proposal: Action: 6) ZE- 52 -79, Location: Proposal: Action: 7) ZE- 92 -79, Agricultural Suburban to Residential Office: Porter Location: Proposal: Action: 8) ZE- 104 -79, Location: Proposal: Action: 9) ZW- 93 -79, Location: Proposal: Action: North of Sprague Avenue, approximately 270 feet east of Bowdish Road. Restaurant. Approval. (Vote: Unanimous) West of McDonald Road, approximately 110 feet south of Main Avenue. CB — Sales Store and Residence. Approval for rezoning which would apply only to the portion of the advertised property immediately west of the existing residence which presently houses an accessory building, provided that the applicant must apply for a replat of the advertised property into two lots, meeting the minimum requirements of the Zoning Ordinance. (Vote: 2 to 1) Agricultural to Multiple Family Suburban: Swanson East side of McDonald Road, approximately 530 feet north of Trent Road. Apartments — 19 —unit complex. Approval. (Vote: Unanimous) West of Pines Road, approximately 240 feet south Avenue. Insurance Office. Approval. (Vote: Unanimous) Agricultural Suburban to Commercial: Gerber South of Mission Avenue, east of Argonne Road, Precision Tune (auto tune —up center) Approval. (Vote: Unanimous) Agricultural to Restricted Industrial : Bagley North of 17th Avenue, southeasterly of Geiger Blvd, Drapery Manufacturing Plant, Approval. (Vote: Unanimous) of Fourth I I V