ZE-53-80AGENDA, SEPTEMBER 4, 1980 TELEPHONE NO.: 456 - 2205
SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE
Place: Broadway Centre Building, Second Floor
North 721 Jefferson Street, Spokane
(Continued from Page #2)
C. ZONE RECLASSIFICATIONS (contd.)
10. ZE- 53 -80 AGRICULTURAL SUBURBAN TO LOCAL BUSINESS
(Generally located at the northeast corner of Mullan Road
and Sinto Avenue. Section 17- 25 -44)
Proposed Use: Retail Center
Site Size: 4.7 Acres
Applicants: PERETTI - SISCO
500 Columbia Building
5:00 P.M. ADJOURNMENT
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 197-20-330(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 ".
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5141
Zoning Hearing Examiner Conunittee Actions of September 4, 1980, (contd.)
5) ZN- 32 -80, Agricultural Suburban to Multiple Family Suburban; Vandervert
Location: Generally located at the northeast corner of Country Homes Boulevard
and Whitehouse Street. Section 19- 26 -43.
Proposal: 42 -Unit Townhouse Condominium
Action: Denial. (Vote: 2 - 1). The Bearing Examiner Committee felt that
the proposed density would he too great for the existing adjoining
residential character of the neighborhood,
6) ZW- 169 -79, Agricultural to Restricted Industrial; Parkwest
Location: Generally located south of Thorpe Road, east of Craig Road, north
of Hallett Road and west of the dedicated McFerron Road, Sections 1
and 2- 24 -41.
Proposal: Low intensity planned industrial park and golf course.
Action: Approval. (Vote; 3 - CO.
DUE TO LACK OF TIME, THE FOLLOWING ITEMS WERE HEARD ON SEPTEMBER 5, 1980;
7) ZE- 103 -80, Agricultural to Restricted Industrial; Barnes
Location: Generally located on the south side of Indiana Avenue, 1,600 feet
east of Pines Road. Section 10- 25 -44.
Proposal; Light Industrial (No Site Plan)
Action: Approval. (Vote: 3 - 0).
8) ZN- 77 -80, Multiple Family Suburban to Local Business: Rouse
Location:
Proposal:
Action:
54 -l
Generally located at the northwest corner of the Newport Highway
and Holland Ave. Section 17- 26 -43.
Professional and Real Estate Offices
Approval. (Vote: 3 - 0).
9) ZE- 90 -80, Agricultural to Two - Family Residential: Rogers
Location: Generally located on the west side of Campbell Road, 150 feet
north of Euclid Avenue. Section 5- 25 -45.
Proposal: Two Duplexes.
Action: Application Withdrawn. (Vote: 3 - 0). The application was
withdrawn due to an error in the legal advertising and will be
scheduled for hearing at a regular meeting of the Zoning Hearing
Examiner Committee as soon as can be legally heard.
10) ZE- 53 -80. Agricultrual Suburban to Local Business: Peretti -Sisco
Location: Generally located at the northeast corner of Mullan Road and Sinto
Avenue. Section 17- 25 -44.
Proposal: Retail Center
Action: Denial Without Prejudice. (Vote: 3 - 0) The Hearing Examiner
Committee denied the application without prejudice so that additional
research can be devoted to the future development of the requested
site as well as the property lying to the north of the proposed
location prior to resubmittal of an application.
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■
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
SPOKANE COUNTY, WASHINGTON
80 1472
IN THE MATTER OF ZONE RECLASSI-
FICATION, ZE- 53 -80, AGRICULTURAL
SUBURBAN TO LOCAL BUSINESS,
PERETTI -SISCO
THIS MATTER, Being the consideration by the Board of County
Commissioners of Spokane County, hereinafter referred to as the "Board" of
an appeal of Spokane County Zoning Hearing Examiner Committee Decision of
September 5, 1980, denying without prejudice the zone reclassification
(3 80 - gricullural Suburban to Local Business, for the purpose of
developing a retail center, hereinafter referred to as the "Proposal ", and the
Board of County Commissioners of Spokane County having held a public
hearing on October 27, 1980, and having fully considered all testimony
presented thereat, and further- having individually visited the site and
vicinity in question, and having rendered a decision on the 17th day of
November, 1980, approving said proposal, does hereby make the following:
FINDINGS OF FACT
1. That the proposal is located generally on the northeast corner
of Mullan Road and Sinto Avenue.
2. Thal the proposed site plan for a retail center was withdrawn
by the applicant at the hearing.
3. That the site size is approximately 4.7 acres.
FINDINGS OF FACT, DECISION
AND CONDITIONS
4. That the approved Spokane County Comprehensive Plan indi-
cates residential usage of the area encompassed by the proposal.
5. That the provisions of RCW Chapter 43.21C, (State Environ-
mental Policy,Act) have been complied with.
6. That the Board, after considering all environmental documents
and public testimony, issues a final declaration of non - significance.
7. Thal the Spokane County Hearing Examiner Committee held a
public hearing on September 4, 1980, concerning the proposal, subsequent to
which by Findings of Fact, Decision and Order dated September 5, 1980 they
denied the proposal without prejudice.
8. That the existing land uses in the area of proposal include
single family residences, duplexes, multiple family- residences, commercial and
undeveloped land.
FINDINGS OF FACT, DECISION AND CONUI I IONS
80 1472
area.
ZE - 53 - 80 2
9. That the proposal is compatible with existing uses in the
10. That the proposal is not detrimental or otherwise harmful to
the public health, safety and welfare.
11., That the applicant has demonstrated changed conditions since
the original zone change warranting a zone change from Agricultural Suburban
to Local Business.
12. That the .proposal is not totally inconsistent with the surround-
ing land use classifications and does grant. a special privilege or rights to
the applicant different than those enjoyed by adjacent property owners.
13. That the Board finds that the proposal is located within the
recorded water service area of Modern Electric Water Company and that the
District indicates that is an adequate system capacity, and that they are
desirous of serving Lhe proposal for domestic, fire and ,irrigation purposes.
14. That the proposal is situated within the recorded fire service
area of Fire District #1.
15. That the proposal lies within the boundaries of West Valley
School District.
16. That the proper legal requirements for advertising of the
hearing before the Board of County Commissioners of Spokane County have
been met.
16. That on the 17th day of November, 1980, the Board of County
Commissioners of Spokane County at a regular _meeting did approve the
proposal.
From the foregoing Findings, the Board hereby in approving the
proposal does make Lhe following conditions:
1. That the conditions set forth in the Spokane County Zoning
Hearing Examiner staff analysis dated September 4, 1980 on pages two (2)
through five (5) are hereby adopted as conditions of approval subject to the
following amendments: delete condition e) 4.
2. The specific development plan will be submitted for Hearing
Examiner Committee review and approval prior Lo issuance of building permits.
3. Access to Sinto Avenue, from the project site, shall be limited
to the westerly 190 feet; with the exception of emergency vehicle access
points as required by the County Fire Marshal.
vuo v - - „�. , vt� ,. , v v MINI; '.UIJUI I IONS
DATE This
ATTEST:
80 1472
VERNON W. OHLAND
Clerk ..e{ the Board
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BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
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STAFF REPORT
DATE: September 4, 1980
TO: HEARING EXAMINER COMMITTEE
FROM: PLANNING DEPARTMENT STAFF
SUBJECT: . ZONE RECLASSIFICATION NUMBER: ZE-53 -80
I. GENERAL INFORMATION
APPLICANT: Peretti -Sisco
STATUS OF APPLICANT: Owner
REQUESTED ZONING: Local Business
EXISTING ZONING Agricultural Suburban (established 1953)
PROPOSED USE: Retail Center
PROJECT LOCATION: Generally located approximately at the north-
east corner of MyIlan Road and Sinto Avenue.
II. SITE PLAN INFORMATION
SITE SIZE: Approximately 4.7 acres
NEIGHBORHOOD CHARACTER: Property fronting on Mullan Road is
generally developed as commercial or office use. Remainder of the area
east of Mullan Road is single family residential development.
AGRICULTURAL CAPABILITY: Urban
LAND USE:
ZONING:
Site Undeveloped
North Single Family Residences /Multiple Family
Residences.
East Single Family Residences /Undeveloped
West Commercial
South Single Family Residences
North Multiple Family Suburban /Agriculutral Suburban
established, 1971 & 1953
East Agricultural Suburban, established, 1953
West Local Business /Agricultural Suburban established,
1977 & 1953
South Residential Office/ Agricultural Suburban
established, 1973 & 1953
44
•
II. SITE PLAN INFORMATION (continued)
COMPREHENSIVE PLAN DESIGNATION:
NUMBER OF EXISTING BUILDINGS:
NUMBER OF BUILDINGS PROPOSED:
Total Square Feet
MAXIMUM HEIGHT OF STRUCTURES: 1 story
PARKING REQUIRED: 274 spaces
PROVIDED: 277 spaces
III. BACKGROUND /ANALYSIS
Development of this site as commercial property should be oriented toward
Mullen Road, to minimize conflicts with existing single family residences on
the south side of Sinto Avenue.
IV. AGENCIES RECOMMENDED CONDITIONS
a) COUNTY FIRE MARSHAL
1. The site is located in Fire District #1.
2. Adequate water for fire protection and distribution of such water
shall be required for this project. A plot plan showing water
distribution and emergency vehicle access is required for
approval prior to any and development or use.
COUNTY ENGINEER
ZONE RECLASSIFICATION NUMBER: ZE -53 -80
1. Applicant shall construct cement concrete curb, sidewalk and
pave to existing pavement on Sinto Avenue.
2. 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.
3. 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.
4. 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.
45
Residential Neighborhood
0
Approximately 54,750 sq. ft.
c) WATER PURVEYOR
d) COUNTY HEALTH DISTRICT
1. Findings:
2. Recommendations:
ZONE RECLASSIFICATION NUMBER: ZE -53
1. Purveyor is Modern Electric Water Co. and they will supply the
site with adequate water for domestic fire and irrigation uses.
a) This project lies over the Spokane Aquifer.
b) It is within Critical Water Supply Service Area No. 3 and
within the service area of Modern Electric Company. Ground-
water resources appear adequate to support development at
this density.
•
c) The project is inside the 201 Sewer Study Area Zone 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 Resolu-
tion 80 -0418 adopted March 24, 1980. The topography and
soils • in the area are gnerally suitable for use of individual
on -site sewage systems. The lots are of the proper dimen-
sions to permit use of both an individual well and sewage
system.
1.) Water service shall be coordinated through the Director of
Utilities, Spokane County.
2.) Water service shall be only from an existing public water
supply.
3.) The use of individual wells is not authorized.
4.) Sewage disposal method shah be as authorized by the Direc-
tor of Utilitites, Spokane County.
5.) Subject to specific application approval and issuance of permits
by the Health Officer, the use of individual on -site sewage
disposal systems may be authorized.
6.) 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.
7.) 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.
4 4*
IV. AGENCIES CONSULTED /COMMENTS RECEIVED (continued)
e) PLANNING DEPARTMENT
ZONE RECLASSIFICATION NUMBER: ZE -53 -80
1. That the provisions of SEPA's NOTICE OF ACTION pursuant to
Chapter 43.21C.080 RCW and the Board of Spokane County
Commissioners Resolution #77 -1392 be initiated by the project
applicant within thirty (30) days of final disposition of this
application, and prior to any on -site improvements.
2. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA
Guidelines (WAC 197 -10) and the Spokane County Environmental
Ordinance (SCEO), a proposed declaration of non - significance
has been issued at least fifteen (15) days prior to this date; the
official file, written comments and /or public testimony contain
information regarding assessment of the proposal's adverse
impacts to the physical environment; a finding is hereby made
that no potentially significant adverse impacts upon the physical
environment are anticipated as a result of the project; and a
final declaration of non - significance is hereby to be issued.
3. 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.
4. The applicant shall develop subjeci 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.
5. A 6 -foot sight- obscuring barrier shall be provided along the east
of this proposal to provide a buffer for the existing single family
residence use located immediately east of this site.
f) COUNTY UTILITIES
1. An on -site sewage system be allowed under the rules and
regulations of the Spokane County Health District and subject to
specific application approval and issuance of permits by the
Health Officer.
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 Modern Electric Water in
accordance with the Coordinated Water System Plan for Spokane
County.
47
g) 208 WATER QUALITY
ZONE RECLASSIFICATION NUMBER: ZE -53-
1. This proposal may recommend ground injection of untreated storm -
water runoff.
2. This proposal includes too little or no open space to accommodate
use of grassed percolation areas for stormwater runoff disposal.
3. This proposal should submit, for approval drainage plans.
4. This proposal does not mention the Recommended Action of
double plumbing and stub -outs to the appropriate property line.
48
A. 'INTRODUCTION
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
File No. ZE -53 -80
This matter having come before the Examiner Committee on September 5, 1980,
and the members of the Committee present being Jane Myers, Chairperson, Eldon
Thomas and Kenneth Kennedy and having personally visited the site.
B. PROPOSAL
The sponsor, Peretti -Sisco is requesting approval of a zone reclassification, File
No. ZE -53 -80 Agricultural Suburban to Local Business, for the purpose of
developing a retail center..
C. FINDINGS OF FACT
E. ORDER
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. The following are additional findings of fact considered by the Hearing
Examiner Committee:
a) That the application be denied without prejudice so that additional
research can be devoted to the future development of the requested
site as well as the property lying to the north of the proposed location
for future consideration by the Hearing Examiner Committee.
The Hearing Examiner Committee, pursuant to the aforementioned, finds that the
application of Peretti -Sisco for a zone reclassification as described in the
application should be denied without prejudice.
1
File No. ZE -53 -80
Motion by: Kennedy Seconded by: Thomas
Vote: 3 -0
ATTEST:
WALLIS D. HUBBARD
Planning Director
By:
Date:
4 74- 'LcV -irk -✓
9 5 3
2
HEARING EXAMINER COMMITTEE
A '
Chairman