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ZE-128-80AGENDA, NOVEMBER 6, 1980 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 t 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. ` - • k LEGAL DESCRIPTIONS AND PROJECT DETAILS FOR THESE, PROJECTS ARE 'ON FILE AND'AVAILABLE IN THE PLANNING DEPARTMENT'S 9:00 A.M. ZONE RECLASSIFICATIONS'' 54a)7 TELEPHONE NO.: 456 - 2205 1 . '2E-203-78: `:`' AGRICULTURAL SUBURBAN. TO MULTIPLE FA 'SUBURBAN (Continued from . October.,9, ; 1980)' - ;(Generaliy:located at the southwest corner of Garry ? Avenue and 14th Avenue,_1,050.feet south of 8th /Avenue = .Liberty'Lake* Section.22725 -45) : ", Proposed.UUse: Apartment .House ,Site'Sizer:.r ..,340-Acres .. ; aApplicant:;,, _. C. JON NEES- - pu' ' • East 12306: Broadway , ;., ZE 73- 80 RESIDENTIAL.OFFICE.TO COMMERCIAL (Generally located on the northwest corner and • .. ."northeast corner at the intersection of Sprague Avenue - ,and Road. Section 15- 25.44) Proposed Use: :Retail :Merchandising Site Size:, -.8 Acres . Applicant: • 'Lloyd L. Day • 1101 Washington Mutual Building. : . ZE- 136 -80 RESIDENTIAL OFFICE TO COMMERCIAL .. (Generally located between Herald Road and Walnut Road, .., fronting-on Sprague Avenue." Section 17 :25 -44) • Proposed Use: No.Development at Site Size: 1.7 Acres Applicant: .Old National .Bank';',;. . • ' 'West 428 R1verside"Avenue.' 4.' ZE- 128 -80 '_AGRICULTURAL SUBURBAN TO LOCAL - BUSINESS.+ - (Generall'q located between.Mullan,Road ; and Road,.. '230 feet north of Boone Avenue.• Section,17r25= 49) ; ,,_ j. 'Proposed Use ` 'Floor`Covering Retail'. Store ;:: ,,.}, :Site Size: .52 Acres Applicant: Ronald M. Hinton; Jr: East 13723 Way ' / 1 •. A. INTRODUCTION B. PROPOSAL C. FINDINGS OF FACT SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS AND ORDER 1 File No. <ZE- 128 -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. The sponsor. Ronald M. Hinton, Jr., is requesting approval of a zone reclassifi- cation, CEa1t28 80,';_�'�A�gricultural Suburban to Local Business, for the purpose of developing a floor covering retail store. 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 Agricultural Suburban. 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 approval 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. D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL ac 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. 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. 2. 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. b) COUNTY ENGINEER 3. The word "applicant" shall include the owner or owners of the pro- perty, his heirs, assigns, and successors. 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: 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 gener- ally 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 File No. ZE- 128 -80 File No. ZE- 128 -80 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 these lots. 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 these lots. e) PLANNING 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 4477 -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 Guide- lines (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 assess- ment 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 pro- ject; and a final declaration of non - significance is hereby to be issued. 3. A specific landscape plan, planting schedule and provisions for main- tenance 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 subject property generally in accordance within the concept presented to the Hearing Examiner Committee. Minor variations when approved by the Zoning Administrator will be per- mitted, 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 develop- ment plans shall be maintained. 5. Direct light from any exterior area lighting fixture shall not extend over the property boundary. 6. All standards of the Local Business Zone, as amended, shall be com- plied with in.the development of this site. 3 9. The applicant shall comply with RCW 58 -17 and the Spokane County Platting Ordinances prior to issuance of building permits. 10. The applicant shall construct a 6 foot sight- obscuring fence between the two uses. E. ORDER 7. Landscaping shall be provided for this site, in conformance with Standards as identified in Section 4.07A.120 Landscaping. The applicant shall comply with '208' recommendations concerning stormwater'runoff and provide necessary landscaping for runoff. 11. That the applicant cooperate with the Engineer's Office to provide proper access and egress for the off - street parking on the site with consideration to the one -way direction of Mullan Road. 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 Ronald M. Hinton, Jr. for a zone reclassification as described in the application should be approved. Motion by: Carstens Seconded by: Kennedy Vote: Unanimous to Approve (3 -0) HEARING EXAMINER COMMITTEE ATTEST: WALLIS D. HUBBARD Planning Director By: 4 File No. ZE- 128 -80 airman 'A AVE .. tSTA QI 4 Dean PT CATALDO NIXON MA RP N 5 .1AR 7 i I CL 2010 IN) IAN J •7 orium w d .;;7/ trC Tn, PC 8 0 MISSION a BOONE 'KA NO-X u ti J r, W 3' MAW 4 ai Fire • = • DC l 1 1000 r-1 o i 0 O:1 ' rte, t f ; _ DATE: TO: FROM: SUBJECT: STAFF REPORT NOVEMBER 6, 1980 HEARING EXAMINER COMMITTEE PLANNING DEPARTMENT STAFF ZONE RECLASSIFICATION NUMBER: ZE-128 -80 GENERAL INFORMATION APPLICANT: Ronald M. Hinton, Jr. STATUS OF APPLICANT: Part Owner PROPERTY OWNER: Ron A. Thies REQUESTED ZONING: Local Business EXISTING ZONING Agricultural Suburban (established, 1953) PROPOSED USE: Retail floor covering store PROJECT LOCATION: Generally located approximately between Mullen Road and Argonne Road, 230 feet north of Boone Avenue. II. SITE PLAN INFORMATION SITE SIZE: Approximately .52 acres SITE CHARACTERISTICS: The site is relatively flat, contains two single family homes, urban landscaping and a portion of the site is undeveloped. NEIGHBORHOOD CHARACTER: The neighborhood is in a transition to retail business and office uses, with the nearest Local Business Zoning approximately 300 feet north. LAND USE: ZONING: Site Two single family homes, undeveloped North Undeveloped, single family East Offices, undeveloped West Single family South Undeveloped, single family North Agricultural Suburban, established, 1953 East Residential Office, established, 1977 West Agricultural, established, 1947 South Agricultural Suburban, established, 1953 /9 • I1. •SITE PLAN INFORMATION (continued) IV. AGENCIES RECOMMENDED CONDITIONS a) COUNTY FIRE MARSHAL 1. The site is located in Fire District #1. ZONE RECLASSIFICATION NUMBER: ZE- 128 -80 COMPREHENSIVE PLAN DESIGNATION: Residential Neighborhood NUMBER OF EXISTING BUILDINGS: 2 (one will be removed) NUMBER OF BUILDINGS PROPOSED: 1 Total Square Feet Approximately 3,384 sq. ft. Percent of Coverage 70% MAXIMUM HEIGHT OF STRUCTURES: 1 story PARKING REQUIRED: 12 spaces PROVIDED: 12 spaces 111. BACKGROUND /ANALYSIS The development plan indicates one home will remain to the west of the new building. (Consideration should be given to screening of the business from the home.) According to the Assessor's records, this property is in two parcels. The applicant shall comply with RCW 58 -17 and the Spokane County Platting Ordinance prior to issuance of building permits. 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. b) COUNTY ENGINEER 1. 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. 2. 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 accord- ance 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. 40 IV. AGENCIES RECOMMENDED CONDITIONS (continued) b) COUNTY ENGINEER c) WATER PURVEYOR d) COUNTY HEALTH DISTRICT 4/ ZONE RECLASSIFICATION NUMBER: ZE- 128 -80 • 3. The word "applicant" shall include the owner or owners of the property, his heirs, assigns, and successors. 1. Purveyor is Modern Electric Water Company and they can supply the site with adequate water for domestic fire and irrigation uses. 1. Findings: 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 topo- graphy 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 these lots. 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 these lots. ZONE RECLASSIFICATION NUMBER: ZE- 128 -80 IV. 'AGENCIES RECOMMENDED CONDITIONS (continued) e) PLANNING 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 Adminis- trator shall be submitted with a performance bond for the project prior to release of building permits. 4. 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 Admin- istrator 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. Direct light from any exterior area lighting fixture shall not extend over the property boundary. a42.- 6. All •CWrP standards of the Local Business Zone A shall be complied with in the development of this site. 7. Landscaping shall be provided for this site, in conformance with Standards as identified in Section 4.07A.120 Landscaping. 8. The applicant shall comply with '208' recommendations concerning stormwater runoff and provide necessary landscaping for runoff. 9. The applicant shall comply with RCW 58 -17 and the Spokane County Platting Ordinances prior to issuance of building permits. 10. The applicant shall construct a 6 foot sight- obscuring fence between the two uses. 4a IV. AGENCIES RECOMMENDED CONDITIONS (continued) f) SPOKANE COUNTY UTILITIES ZONE RECLASSIFICATION NUMBER: ZE- 128 -80 ' 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 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. 43