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ZE-136-80.5 7 AGENDA, NOVEMBER 6, 1980 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 TO 1:30 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. ZE- 203 -79 AGRICULTURAL SUBURBAN TO MULTIPLE FAMILY SUBURBAN (Continued from October 9, 1980) (Generally located at the southwest corner of Garry Avenue and 14th Avenue, 1,050 feet south of 8th Avenue - Liberty Lake. Section 22- 25 -45) Proposed Use: Apartment House Site Size: 3.96 Acres Applicant: C. JON NEES East 12306 Broadway 2. ZE- 73 -80 RESIDENTIAL OFFICE TO COMMERCIAL (Generally located on the northwest corner and northeast corner at the intersection of Sprague Avenue and Clinton Road. Section 15- 25 -44) Proposed Use: Retail Merchandising Site Size: .8 Acres Applicant: Lloyd L. Day 1101 Washington Mutual Building 3. ZEE 136 -8O RESIDENTIAL OFFICE TO COMMERCIAL ,(Generally located between Herald Road and Walnut Road, fronting on Sprague Avenue. Section 17- 25 -44) Proposed Use: No Development Plan at Present (/ Site Size: 1.7 Acres Applicant: Old National Bank M =N fogy West 428 Riverside Avenue ZE- 128 -80 AGRICULTURAL SUBURBAN TO LOCAL BUSINESS (Generally located between Mullen Road and Argonne Road, 230 feet north of Boone Avenue. Section 17- 25 -44) Proposed Use: Floor Covering Retail Store Site Size: .52 Acres Applicant: Ronald M. Hinton, Jr. East 13723 Valley Way 1 AGENDA, NOVEMBER 6, 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 #1) A. ZONE RECLASSIFICATIONS (contd.) 5. ZN- 129 -80 RESIDENTIAL OFFICE TO COMMERCIAL (Generally located 'on the west side of Division Street, 1,000 feet north of Cascade Way. Section 19- 26 -43) Proposed Use: Multiple Office /Retail Site Size: .49 Acres Applicant: Joseph B. Haley East 19 Queen Avenue 6. ZN- 116 -80 AGRICULTURAL AND AGRICULTURAL SUBURBAN TO SINGLE FAMILY RESIDENTIAL, RESIDENTIAL OFFICE, LOCAL BUSINESS, AND MINING, CLASS II (Generally located at the northwest corner, southwest corner, and east of the intersection of Farwell Road and U. S. 395 Highway; southeast of Mill Road; and southwest of the intersection of Dartford Drive and U. S. 395 Highway.. Sections 5 -26 -43 and 8- 26 -43) Proposed Use: Planned Mixed Use Development Site Size: 190 Acres Applicant: Wandermere Company and S & F Construction North 410 Pines Road 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 ". - 2 - NIXON l 51. 20/0 EIG W Z MAIN wr AvE LL I a T H EL. /98 RivERS,Or" 9 TH aRV L 8 TH AVE. So iJ . N1 Z13 6e.8 D LTJ LI 4 M A I N O 6 }MA 7 44 /LW/At'KEE I 0 Tr_ TALD0 odd wt l tmcn NI XON DATE: TO: FROM: SUBJECT: STAFF REPORT NOVEMBER 6, 1980 HEARING EXAMINER COMMITTEE PLANNING DEPARTMENT STAFF ZONE RECLASSIFICATION NUMBER: ZE- 136 -80 I. GENERAL INFORMATION APPLICANT: Old National Bank STATUS OF APPLICANT: Owner REQUESTED ZONING: Commercial EXISTING ZONING Residential Office (established in 1971) PROPOSED USE: No development at this time PROJECT LOCATION: Generally located approximately between Herald Road and Walnut Road, fronting on Sprague Avenue. II. SITE PLAN INFORMATION SITE SIZE: Approximately 1.7 acres SITE CHARACTERISTICS: The site is partially undeveloped with a land- scaping firm operating on the southeast corner and an abandoned single family home at the northwest corner of the site. NEIGHBORHOOD CHARACTER: The neighborhood is in a slow transition from undeveloped land fronting on Sprague Avenue to commercial uses. Single family homes and multiple family units occupying the areas adjacent to frontage property. AGRICULTURAL SUMMARY: Urban LAND USE: Site Undeveloped, landscaping nursery, abandoned single family home North Single family East Undeveloped West Single family South Businesses 13 II. SITE PLAN INFORMATION (continued) ZONING: COMPREHENSIVE PLAN DESIGNATION: Residential Neighborhood NUMBER OF EXISTING BUILDINGS: 1 (abandoned house) NUMBER OF BUILDINGS PROPOSED: 0 III. BACKGROUND /ANALYSIS The applicant has not submitted a specific site plan at this time. However, the applicant has indicated recent zoning along the north side of Sprague Avenue which makes this site more marketable as Commercial rather than Residential Office. Therefore, a public hearing shall be held by the Hearing Examiner Committee on submittal of a development plan. 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 land development or use. b) COUNTY ENGINEER ZONE RECLASSIFICATION NUMBER: ZE- 136 -80 North Two Family Residential, established, 1965 East Commercial, established, 1979 West Residential Office, established, 1969 Multiple Family Suburban, established, 1969 South Commercial, established, 1957 Applicant shall dedicate 5 feet on Walnut Road and a 20 foot radius at Walnut Road and Sprague Avenue for right -of -way prior to any use of the property. Applicant shall dedicate 5 feet on Herald Road and a 20 foot radius at Herald Road and Sprague Avenue for right -of -way prior to any use of the property. 3. Applicant shall construct cement concrete curb and sidewalk and pave to the existing pavement adjacent to the property on Herald Road and Walnut Road. 4. 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. ti IV. AGENCIES RECOMMENDED CONDITIONS (continued) b) COUNTY ENGINEER (continued) 5. The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed com- bined 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. 6. A parking plan and traffic circulation plan shall be submitted and approved by the Spokane County Engineer prior to the issuance of a building permit on the property. The design, location, and arrangement of parking stalls shall be in accordance with stand- ard traffic engineering practices. Paving or surfacing as approved by the County Engineer, will be required for any portion of the project which is to be occupied or travelled by vehicles. 7. The word "applicant" shall include the owner or owners of the property, his heirs, assigns, and successors. 8. The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer. 9. All required improvements shall conform to the current State of Washington Standard Specifications for Road and Bridge Con- struction, and other applicable county standards in effect at the date of construction, unless otherwise approved by the County Engineer. c) WATER PURVEYOR d) COUNTY HEALTH DISTRICT 1. Findings: ZONE RECLASSIFICATION NUMBER: ZL_,36-80 1. Purveyor is Modern Electric Water Company and they can 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 #3 and with- in 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 Resolution 80 -0418 adopted March 24, 1980. The topography and soils in the area are generally suitable for use of indi- vidual on -site sewage systems. The lot is not of the proper dimensions to permit use of both an individual well and sewage system. 2. Recommendations: a) Water service need not be coordinated through the Director of Utilities, Spokane County. b) Water service shall be by an existing public water supply. c) The use of individual wells is not authorized. d) Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. e) 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. f) The owner, his heirs, and successors shall agree to not protest legal assessments and utility local improvement dis- tricts to provide central sewerage service to this lot. g) 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. IV. AGENCIES RECOMMENDED CONDITIONS (continued) d) COUNTY HEALTH DISTRICT (continued) e) PLANNING ZONE RECLASSIFICATION NUMBER: ZE- 136 -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. That, pursuant to WAC 197 -10 -040 (2) (a) and (20), WAC 197 -10 -155 and SCEO 11.00.055, the rezone is an action subject to SEPA, but insufficient detail concerning the proposal is available to permit meaningful environmental analysis at the rezone level, consequently a detailed site plan, subject to full compliance with Chapter 43.21C RCW, shall be submitted for consideration to the Hearing Examiner Committee at a later date. Furthermore, it is hereby stipulated that, because of project details not now available, the Committee may require additional information pursuant to WAC 197 -10 -330 and may deny or con- dition the approval of said site plan at the site plan review stage, pursuant to Chapter 43.21C.060 RCW. 3. The specific development plan will be submitted for Hearing Examiner Committee review and approval prior to issuance of building permits 4. . / �u.J,- ls-� -m •s f) SPOKANE COUNTY UTILITIES 1. Pursuant to Board of County Commissioners Resoulution 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. 96 IV. AGENCIES RECOMMENDED CONDITIONS (continued) f) SPOKANE COUNTY UTILITIES (continued) ZONE RECLASSIFICATION NUMBER: ZL 36-80 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 successors shall further agree not to oppose or protest any legal assess- ments 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. /7 A. INTRODUCTION This matter having come before the Examiner Committee on November 6, 1980, and the members of the Committee present being Ted McCoury, Chairman, Kathleen Carstens and Kenneth Kennedy and having personally visited the site. B. PROPOSAL The sponsor, Old National Bank, is requesting approval of a zone reclassification, ZE- 136 -80, Residential Office to Commercial (no development plan at present). C. FINDINGS OF FACT 1. That the existing and use in the area is residential, commercial, and un- developed. 2. That the Comprehensive Plan designates this area as appropriate for residen- tial 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. 5. That the proper legal requirements for advertisement of the Agenda Item have been fulfilled. 6. That the land 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. SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS AND ORDER 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. 11. The following are additional findings of fact considered by the Hearing Examiner Committee: a) That approval of the requested commercial frontage on Sprague Avenue is consistent with surrounding development and conforms with present trends of business use. 1 File No. ZE- 136 -80 D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL a) COUNTY FIRE MARSHAL 1. The site is located in Fire District #1. File No. ZE- 136 -80 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 land development or use. b) COUNTY ENGINEER 1. Applicant shall dedicate 5 feet on Walnut Road and a 20 foot radius at Walnut Road and Sprague Avenue for right -of -way prior to any use of the property. 2. Applicant shall dedicate 5 feet on Herald Road and a 20 foot radius at Herald Road and Sprague Avenue for right -of -way prior to any use of the property. 3. Applicant shall construct cement concrete curb and sidewalk and pave to the existing pavement adjacent to the property on Herald Road and Walnut Road. 4. 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. 5. 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. 6. A parking plan and traffic circulation plan shall be submitted and approved by the Spokane County Engineer prior to the issuance of a building permit on the property. The design, location, and arrange- ment of parking stalls shall be in accordance with standard traffic engineering practices. Paving or surfacing as approved by the County Engineer, will be required for any portion of the project which is to be occupied or travelled by vehicles. 7. The work "applicant" shall include the owner or owners of the pro- perty, his heirs, assigns, and successors. 8. The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer. 9. All required improvements shall conform to the current State of Wash- ington Standard Specifications for Road and Bridge Construction, and other applicable county standards in effect at the date of construction, unless otherwise approved by the County Engineer. c) WATER PURVEYOR 1. Findings: e) PLANNING 3 File No. ZE- 136 -80 1. Purveyor is Modern Electric Water Company and they can supply the site with adequate water for domestic fire and irrigation uses. d) COUNTY HEALTH DISTRICT a) This project lies over the Spokane Aquifer. b) It is within Critical Water Supply Service Area #3 and within the service area of Modern Electric Company. Groundwater 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 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. The lot is not of the proper dimensions to permit use of both an individual well and sewage system. 2. Recommendations: a) Water service need not be coordinated through the Director of Utilities, Spokane County. b) Water service shall be by an existing public water supply. c) The use of individual wells is not authorized. d) Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. e) 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. f) 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. g) 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. 1. That the provisions of SEPA's NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW and the Board of Spokane County Commission- ers 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. That, pursuant to WAC 197 -10 -040 (2) (a) and (20), WAC 197 -10 -155 and SCEO 11.00.055, the rezone is an action subject to SEPA, but insufficient detail concerning the proposal is available to permit mean- ingful environmental analysis at the rezone level, consequently a detailed site plan, subject to full compliance with Chapter 43.21C RCW, shall be submitted for consideration to the Hearing Examiner Committee E. ORDER 3. The specific development plan will be submitted for Hearing Examiner Committee review and approval prior to issuance of building permits. 4. A finding is hereby made that no potentially significant adverse impacts upon the physical environment are anticipated as a result of the rezone and that a final declaration of non - significance is to be issued at the time of approval of the rezone of this property. f) SPOKANE COUNTY UTILITIES 1. Pursuant to Board of County Commissioners Resoulution 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 successors shall further agree not to oppose or protest any legal assessments for any utility local improve- ment 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. The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Old National Bank for a zone reclassification as described in the application should be approved. Motion by: Kennedy Seconded by: Carstens Vote: By: at a later date. Furthermore, it is hereby stipulated that, because of project details not now available, the Committee may require additional information pursuant to WAC 197 -10 -330 and may deny or condition the approval of said site plan at the site plan review stage, pursuant to Chapter 43.21C.060 RCW. Unanimous to Approve (3 -0) ATTEST: WALLIS D. HUBBARD Planning Director 4 File No. ZE- 136 -80 HEARING EXAMINER COMMITTEE Chair n 81 0179 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF ZONE RECLASSI- FICATION, ZE- 136 -80, RESIDENTIAL OFFICE & TWO FAMILY RESIDENTIAL TO COMMERCIAL:- OLD NATIONAL BANK FINDINGS OF FACT 2- 4 t✓ 'Le ) FINDINGS OF FACT, DECISION ) AND CONDITIONS • 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 November 6, 1980, approving the zone reclassification (ZE- 136-80) Residential Office and Two Family Residential to Commercial, hereinafter referred to as the "Proposal ", and the Board of County Commissioners of Spokane County having held a public hearing on January 5, 1981, and having fully considered all testimony presented thereat, and further having personally acquainted themselves with the site and vicinity in question, and having rendered a decision on the 20 day of January, 1981, approving a portion of said proposal, does hereby make the following: 1. That the proposal is located between Herald and Walnut. Roads on the north side of Sprague Avenue. 2. That the proposal consists of approximately 1.7 acres, with no site development plan. 3. That the approved Spokane County Comprehensive Plan indi- cates residential neighborhood usage of the area encompassed by the proposal. 4. That the provisions of RCW Chapter 43.21C, (Slate Environ- mental Policy Act) have been complied with and the Board concurs on the Declaration of Non- Significance as approved. . 5. That the Spokane County Hearing Examiner Committee held a public hearing on November 6, 1980, concerning the proposal, subsequent to which by Findings of Fact, Decision and Order dated November 6, 1980 they approved the proposal subject to certain conditions. 6. That the existing and uses in the area of proposal include businesses, single family residences, and 'undeveloped land. 7. That the southerly 150 feet of the proposal is compatible with existing uses in the area. 8. That the southerly 150 feet of the proposal is not detrimental or otherwise harmful to the public health, safety and welfare. r1 B OF FACT, DECISION AND CONDITIONS ZE- 136 -80 2 81 0179 - 9. That the applicant has demonstrated changed conditions since the original zone change warranting a zone change for the southerly 150 feet of the site. 10. That the proposal is not totally inconsistent with the surround- ing land use classifications and does not grant. a special privilege or rights to the applicant different than those enjoyed by adjacent property owners. 11. That the Board finds' that the proposal is located within the recorded water service area of Modern Electric Water Company. 12. That the proposal is situated within the recorded fire service area of Fire District #1. 13. That the proper legal requirements for advertising of the hearing before the Board of County Commissioners of Spokane County. have been met. .14. That on the 20th day of January, 1981, the Board of County Commissioners of Spokane County at a regular meeting did approve a portion of the proposal as follows: A) The zone reclassification to Commercial is approved only on the portion lying within 150 feet of the north right -of -way of Sprague Avenue. The north 90 feet of the proposal is to remain in its present classification until further justification for development is submitted. From the foregoing Findings, the Board hereby in approving the proposal does adopt the conditions set forth in the Spokane Conty Zoning Hearing Examiner staff analysis dated November 6, 1980 on pages 2 through 5 as conditions of approval. DATED This ATTEST: VERNON W. OHLAND Clerk of the Board By: 7 /nnt4 0:41; Deputy day of FEB 10 1gR1 , 198_ BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON -�r 81 0179 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON 7' IN THE MATTER OF ZONE RECLASSI- FICATION, ZE- 136 -80, RESIDENTIAL OFFICE « TWO FAMILY RESIDENTIAL TO COMMERCIAL: OLD NATIONAL BANK 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 November 6, 1980, approving the zone reclassification (ZE- 136 -80) Residential Office and Two Family Residential to Commercial, hereinafter referred to as the "Proposal ", and the Board of County Commissioners of Spokane County having held a public hearing on January 5, 1981, and having fully considered all testimony presented thereat', and further having personally acquainted themselves with the site and vicinity in question, and having rendered a decision on the 20 day of January, 1981, approving a portion of said proposal, does hereby make the following: FINDINGS OF FACT ) FINDINGS OF FACT,. DECISION AND CONDITIONS 1. That the proposal is located between Herald and Walnut Roads on the north side of Sprague Avenue. 2. That the proposal consists of approximately 1.7 acres, with no site development plan. 3. That the approved Spokane County Comprehensive Plan indi- cates residential neighborhood usage of the area encompassed by the proposal. 4. That the provisions of RCW Chapter 43.21C, (Slate Environ- mental Policy Act) have been complied with and the Board concurs on the Declaration of Non - Significance as approved. 5. That the Spokane County Hearing Examiner Committee held a public hearing on November 6, 1980, concerning the proposal, subsequent to which by Findings of Fact, Decision and Order dated November 6, 1980 they approved the proposal subject to certain conditions. 6. That the existing land uses in the area of proposal include businesses, single family residences, and undeveloped land. 7. That the southerly 150 feet of the proposal is compatible with existing uses in the area. 8. That the southerly 150 feet of the proposal is not detrimental or otherwise harmful to the public health, safety and welfare. FINDINGS OF FACT, DECISION AND CONDITIONS ZE- 136 -80 2 81 0179 9. That the applicant has demonstrated changed conditions since the original zone change warranting a zone change for the southerly 150 feet of the site. 10. ing land use That the proposal is not totally inconsistent with the surround - classifications and does not grant a special privilege or rights to the applicant different than those enjoyed by adjacent property owners. 11. That the Board finds that the proposal is located within the recorded wafer service area of Modern Electric Water Company. 12. That the proposal is situated within the recorded fire service area of Fire District 441. 13. That the proper legal requirements for advertising of the hearing before the Board of County Commissioners of Spokane County. have been met. 14. That on the 20th day of January, 1981, the Board of County Commissioners of Spokane County at a regular meeting did approve a portion of the proposal. as follows: A) The zone reclassification to Commercial is approved only on the portion lying within 150 feet of the north right -of -way of Sprague Avenue. The north 90 feet of the proposal is to remain in its present classification until further justification for development is submitted. From the foregoing Findings, the Board hereby in approving the proposal does adopt the conditions set forth in the Spokane Conty Zoning Hearing Examiner staff analysis dated November 6, 1980 on pages 2 through 5 as conditions of approval. DATED This day of ATTEST: VERNON W. OHLAND Clerk of the B e - Board / By: /i nt c>1 'L Deputy FEB 1 0 1qi" , 198 . BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON /sa i A. INTRODUCTION SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS AND ORDER s KI - 11 tile No. ZE- 136 -80 This matter having come before the Examiner Committee on November 6, 1980, and the members of the Committee present being Ted McCoury, Chairman, Kathleen Carstens and Kenneth Kennedy and having personally visited the site. B. PROPOSAL The sponsor, Old National Bank, is requesting approval of a zone reclassification, ZE- 136 -80, Residential Office to Commercial (no development plan at present). C. FINDINGS OF FACT 1. That the existing land use in the area is residential, commercial, and un- developed. 2. That the Comprehensive Plan designates this area as appropriate for residen- tial 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. S. That the proper legal requirements for advertisement of the Agenda Item have been fulfilled. 6. That the land 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. APPEALED 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. 11. The following are additional findings of fact considered by the Hearing Examiner Committee: a) That approval of the requested commercial frontage on Sprague Avenue is consistent with surrounding development and conforms with present trends of business use. 1 D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL 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 land development or use. b) COUNTY ENGINEER 1. Applicant shall dedicate 5 Walnut Road and Sprague the property. 2. Applicant shall dedicate 5 Herald Road and Sprague the property. .Tile No. ZE- 136 -80 feet on Walnut Road and a 20 foot radius at Avenue for right -of -way prior to any use of feet on Herald Road and a 20 foot radius at Avenue for right -of -way prior to any use of 3. Applicant shall construct cement concrete curb and sidewalk and pave to the existing pavement adjacent to the property on Herald Road and Walnut Road. 4. 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. 5. 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. 6. A parking plan and traffic circulation plan shall be submitted and approved by the Spokane County Engineer prior to the issuance of a building permit on the property. The design, location, and arrange- ment of parking stalls shall be in accordance with standard traffic engineering practices. Paving or surfacing as approved by the County Engineer, will be required for any portion of the project which is to be occupied or travelled by vehicles. 7. The work "applicant" shall include the owner or owners of the pro- perty, his heirs, assigns, and successors. 8. The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer. 9. AM required improvements shall conform to the current State of Wash- ington Standard Specifications for Road and Bridge Construction, and other applicable county standards in effect at the date of construction, unless otherwise approved by the County Engineer. 2 c) WATER PURVEYOR 1. Purveyor is Modern Electric Water Company and they can supply the site with adequate water for domestic fire and irrigation uses. d) COUNTY HEALTH DISTRICT 1. Findings: 2. Recommendations: a) Water service need not be coordinated through the Director of Utilities, Spokane County. b) Water service shall be by an existing public water supply. c) The use of individual wells is not authorized. d) Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. e) 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. f) 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. g) 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. e) PLANNING 3 No. ZE- 136 -80 a) This project lies over the Spokane Aquifer. b) It is within Critical Water Supply Service Area #3 and within the service area of Modern Electric Company. Groundwater 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 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. The lot is not of the proper dimensions to permit use of both an individual well and sewage system. 1. That the provisions of SEPA's NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW and the Board of Spokane County Commission- ers 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. That, pursuant to WAC 197 -10 -040 (2) (a) and (20), WAC 197 -10 -155 and SCEO 11.00.055, the rezone is an action subject to SEPA, but insufficient detail concerning the proposal is available to permit mean- ingful environmental analysis at the rezone level, consequently a detailed site plan, subject to full compliance with Chapter 43.21C RCW, shall be submitted for consideration to the Hearing Examiner Committee E. ORDER at a later date. Furthermore, it is hereby stipulated that, because of project details not now available, the Committee may require additional information pursuant to WAC 197 -10 -330 and may deny or condition the approval of said site plan at the site plan review stage, pursuant to Chapter 43.21C.060 RCW. 3. The specific development plan will be submitted for Hearing Examiner Committee review and approval prior to issuance of building permits. 4. A finding is hereby made that no potentially significant adverse impacts upon the physical environment are anticipated as a result of the rezone and that a final declaration of non - significance is to be issued at the time of approval of the rezone of this property. f) SPOKANE COUNTY UTILITIES 1. Pursuant to Board of County Commissioners Resoulution 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 successors shall further agree not to oppose or protest any legal assessments for any utility local improve- ment 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. The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Old National Bank for a zone reclassification as described in the application should be approved. Motion by: Kennedy Vote: Unanimous to Approve (3 -0) ATTEST: WALLIS D. HUBBARD Planning Director By: )Qif4 M/, - fly 4 Seconded by: Carstens HEARING EXAMINER COMMITTEE -ile No. ZE- 136 -80 81 01'73__ IN THE MATTER OF ZONE RECLASSI- FICATION, ZE- 136 -80, RESIDENTIAL OFFICE & TWO FAMILY RESIDENTIAL TO COMMERCIAL: OLD NATIONAL BANK FINDINGS OF FACT BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ) FINDINGS OF FACT, DECISION ) AND CONDITIONS " 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 Examiher Committee Decision of November 6, 1980, approving the zone reclassification (ZE- 136 -80) Residential Office and Two Family Residential to Commercial, hereinafter referred to as the "Proposal ", and the Board of County Commissioners of Spokane County having held a public hearing on January 5, 1981, and having fully considered all testimony presented thereat, and further having personally acquainted themselves with the site and vicinity in question, and having rendered a decision on the 20 day of January, 1981, approving a portion of said proposal, does hereby make the following: 1. That the proposal is located between Herald and Walnut Roads on the north side of Sprague Avenue. 2. That the proposal consists of approximately 1.7 acres, with no site development plan. 3. That the approved Spokane County Comprehensive Plan indi- cates residential neighborhood usage of the area encompassed by the proposal. 4. That the provisions of RCW Chapter 43.21C, (State Environ- mental Policy Act) have been complied with and the Board concurs on the Declaration of Non - Significance as approved. 5. That the Spokane County Hearing Examiner Committee held a public hearing on November 6, 1980, concerning the proposal, subsequent to which by Findings of Fact, Decision and Order dated November 6, 1980 they approved the proposal subject to certain conditions. 6. That the existing land uses in the area of proposal include businesses, single family residences, and undeveloped land. 7. That the southerly 150 feet of the proposal is compatible with existing uses in the area. 8. That the southerly 150 feet of the proposal is not detrimental or otherwise harmful to the public health, safety and welfare. Fl INGS OF FAC' DE( ON AN.. CONDITIONS ZE- 136 -80 2 81 01 y9 9. That the applicant has demonstrated changed conditions since the original zone change warranting a zone change for the southerly 150 feet of the site. 10. That the proposal is not totally inconsistent with the surround- ing land use classifications and does not grant a special privilege or rights to the applicant different than those enjoyed by adjacent property owners. 11. That the Board finds that the proposal is located within the recorded water service area of Modern Electric Water Company. 12. That the proposal is situated within the recorded fire service area of Fire District #1. 13. That the proper legal requirements for advertising of the hearing before the Board of County Commissioners of Spokane County, have been met. 14. That on the 20th day of January, 1981, the Board of County Commissioners of Spokane County at a regular meeting did approve a portion of the proposal as follows: A) The zone reclassification to Commercial is approved only on the portion lying within 150 feet of the north right -of -way of Sprague Avenue. The north 90 feet of the proposal is to remain in its present classification until further justification for development is submitted. From the foregoing Findings, the Board hereby in approving the proposal does adopt the conditions set forth in the Spokane Conty Zoning Hearing Examiner staff analysis dated November 6, 1980 on pages 2 through 5 as conditions of approval. DATED This day of ATTEST: VERNON W. OHLAND Clerk of the Board BY: ///JI.rxA_ Deputy FEB 10 1981 , 198 . BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON 3uWKT L. RuPET, CHMN. E_KEITH-SHEPARD JOHN R. MC BRIDE Inter- office Communication Planning Department Tr From Subjert VS /set - Form 327 -C.R . County Engineer/ • OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON Dot. ZE !1136 -80, NE Corner Sprague Avenue and Walnut Road November 16 19 87 This Office has agreed to negotiate a license agreement for use of portions of Sprague Avenue right -of -way for '208' drainage, lighting and landscaping purposes adjacent to the subject property, and are willing to issue an interim permit for such use subject to the final Zone Change approval and subsequent granting of a license agreement by the Board of County Commissioners. J