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ZE-14-84
1 AGENDA, JULY 5, 1984 SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE Fl,ace:, Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane, WA 99260 (Continued from Page #2) ZONE RECLASSIFICATIONS 4. '/ZN -51 -84 COMMERCIAL AND RESIDENTIAL OFFICE TO COMMERCIAL ZE -14 -84 Comprehensive Plan: Proposed Use: Site Size: Applicant: -3- TELEPHONE NO.: 456 -2205 (Generally located approximately 250 feet north of the intersection of Francis Avenue and Cedar Road, west of and adjacent to Cedar, Road in Section 25- 26 -42). Urban Grocery Store Approximately,.4.84 acres Warehouse Industries, Inc.. E. 17515 Appleway Greenacres, WA 99016 (R -2) TWO'FAMILY RESIDENTIAL TO RESIDENTIAL OFFICE (Generally located east of and adjacent to Mullan.Road, approximately 500 feet south of Broadway Avenue and approximately 700 feet north of Valley Way in Section 17- 25 -44). Comprehensive Plan: Proposed Use: Site'Size: Applicant: Comprehensive Plan: Prpposed Use: Site Size: Applicant: • Major Commercial Speculative - no site plan Approximately 14,600 square feet George Wilson, Jr. c/o John Schreiner Spokane County Title Co. N. 1 -30 Stevens St. Spokane, WA 99201 ZE -52 -83 AGRICULTURAL SUBURBAN TO RESIDENTIAL OFFICE Urban ' Speculative - no site plan Approximately 26,400 square feet George Wilson c/o John Schreiner Spokane County Title Co. N. 130 Stevens Spokane, WA 99201 (continued) g GE 4 1 ? (Generally located at the southeast corner of Broadway Avenue and Bowdish Road in Section 16- 25 -44). Lenint: Proposal: Action: Location: Proposal: Action: Location: Proposal: Action: Proposal: Action: ai I. x.tL:liiur' Cc ::ii t Let: IL • ;:��: of 3t: ly 5, i984 2) 7E 4/ - 84, Residential Office to Local Bus iuess: WAM Cater riscs, Inc. and VE- 53 -84, Variance to the Front Yd rd Setback Requirement Location: Generally located °, of Siinto Avenue, east of Mullan Road, and west of Stout Road in Section 17- 25 -44. Office and Retail Approval. (Vote: 2 - 1) The Zoning Adjustor approved a front yard setback, along Stout (toad, of 15 feet from the property line, whereas Section 4.019.070- (d) -(l) (the centerline setback formula) requires a 40 foot property line setback. 3) 7E- 31 -84, Agricultural to Multiple Family Suburban: Wyatt Location: Generally located approximately 400 feet east of Pines Road and approximately 300 feet north of Mansfield Avenue in Section 10- 25 -44. Proposal: Condominium and Apartment Complex Action: Approval. (Vote.; 3 - 4) 7N- 51 -84, Commercial and Residential Office to Commercial: Warehouse Industries Generally located approximately 250 feet north of the inter- section of Francis Avenue and Cedar Road, west of and adjacent to Cedar Road in Section 25- 26 -42. Grocery Store Approval. (Vote: 3 - 0) 5) e ZE- 14 -84, Two - Family Residential to Residential Office: Wilson, Jr. Generally located east of and adjacent to Mullan Road, approximately 500 feet south of Broadway Avenue and approxi- mately 700 feet north of Valley Way in Section 17- 25 -44. Speculative - No Site Plan Approval. (Vote: 3 - 0) Speculative - No Site Plan Denial. (Vote: ? - 0) (ccntl clued) 6) 7E- 52 -83, Ajricultural Suburban to Residential Office: Wilsui1 Jr. Location: Generally located at the southeast corner of Broadway Avenue and Bowdish Road in Section 16- 25 -44. the Hearing Examiner Committee felt that the proposed Residen- tial Office zoning .could be considered "spot zoning" at the present time in a oeiyhborhood which is substactially and uniquely residential. �� DATE: JULY 5, 1984 TO: HEARING EXAMINER COMMITTEE FROM: PLANNING DEPARTMENT STAFF SUBJECT: ZONE RECLASSIFICATION NUMBER: ZE -14 -84 I. GENERAL INFORMATION APPLICANT: GEORGE WILSON, JR. PROPERTY OWNERS: Wilson and Parlett REQUESTED ZONING: Residential Office EXISTING ZONING: Two - Family Residential (estab. in 1957 ) (with ASA Overlay Zone - 1983 ) PROPOSED USE: EXISTING USE: SITE SIZE: II. BACKGROUND ANALYSIS 2) ZONING: North East West South STAFF REPORT Speculative - No Site Plan Vacant Approximately 14,600 Square Feet COMPREHENSIVE PLAN DESIGNATION: MAJOR COMMERCIAL PRIORITY SEWER SERVICE AREA: Yes AQUIFER SENSITIVE AREA: Yes PROJECT LOCATION: Generally located east of and adjacent to Mullan Road, approximately 500 feet south of Broadway Avenue and approximately 700 feet north of Valley Way in Section 17- 25 -44: 1) COMPREHENSIVE PLAN Major Commercial suitable for non - residential use; intensity dependent on locational criteria and buffering. Residential Office is consistent with appropriate buffering to residential uses. Residential Office, Established, 1978 Two - Family Residential, Estab., 1957 Two - Family Residential, Estab., 1957 Two - Family Residential, Estab., 1957 Commercial, Established, 1983 Residential Office, Established, 1977 Agricultural, Established, 1948 fV Prior To The Issuance Of • Building Permit 3. Applicant and To: FROM: County Engineer's Department (e) 10 The applicant County Health disposal plan property. OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON Spokane County Planning Department SUBJECT: Conditions of Approval -'Lone Change - Number: 2F /4 .' 7 Applicant's Name____Wik5Cmj Section 1'7 Township ZS N, Range Vt/ YlM The following - conditions of approval" for the above - referenced zone the Spokane County Hearing Examiner Committee for inclusion In the staff analysis and "findings and order" of the hearing scheduled 21411 5 , 1919$ 1. Applicant shall dedicate _ feet on for right -of -way prior to any use of the property. 2. Applicant shall dedicate feet on for right - of-way and slope easements as necessary prior is any uas of shall dedicate a foot radius on 4. Applicant shall dedicate feat on and for 7. Access permits and improvements to by the City of prior to any use of the property. O S Access permits for approaches to the County Road System shall Spokane County Engineer. 6. Access permits and improvements to by the Washington Department of Transportation. and right -of -way prior Applicant shall Improve _ in a County TYPICAL roadway section No. um _ in Applicant shall improve in a County TYPICAL roadway section No. minimum Applicant shall improve in a County TYPICAL roadway section No._________minimum Applicant shall Improve_ in a County TYPICAL roadway Section No. minimum Other specific improvements: shall submit for approval by District d detailed combined for the entire prulect uric)? change are submitted to the property. a foot radius on to any sae of tha property. j: . be obtained hunks must be approved must be approved manner consistent with Spokane paving width manner consistent with Spokane paving.wtdth with Spokane manner consistent with Spokane paving width manner paving consistent width 9. Applicant shall submit tor approval by the Spokane County Engineer road, drainage, and access plans prior to the Issuance of a building permit on the property. the Spokane County Engineer and the Spokane .n -site_ sewage system plan and surface water o the tshunnCe of any building permit on the 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 pruperty. The design, location, and arrangement 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. rr The word "applicant" shall include the owner or owners of the pruperty, his heirs, sea Igas, and successurs. 13. To construct the road improvements stated herein, the applicant may, with the approval. o.; the County Engineer, join in and be a willing participant in any petition or resoluti0P1 which purpose is the formation of a Road Improvement District (RID) for said improvenant pursuant to RCW 36.88, as amended. Spokane County will not participate in the cost'ot these improvements. 14. AB an alternative method of constructing the road improvement stated herein, the appli- cant nay, with the approval of the County Engineer, accomplish the road improvements stated herein by joining and participating in • County Road Project (CRP) to the extent of the required road improvement. Spokane County will not participate is the cost of these improvements. 15. The construction of the road improvements stated herein shall be accomplished as ap- proved by the Spokane County Engineer. • 16. All required improvements shall conform to the current State Of Washington Standard ' Specifications for Road and Bridge Construction, and other applicable,eounty standard* and or adopted resolutions pertaining to Road Standards and Stormwater Ruminant in effect at the date of construction, unless otherwise approved by the County snatneSr. • 17. Applicant shall file • petition for the vacation of ' prior to any use of the property. 18. Applicant shall construct a paved and delineated access approsch(s) to wet the Mistni, . pavement on . 19. Access to Road shall be prohibited until such tins as speclfioa117 authorized by the Spokane County Engineer. ©0 Roadway standards, typical roadway sections and drainage plan requirements are found.tn Spokane Board of County Commissioners Resolution No. 80 -1592 as amended. AGENDA, JULY 5, 1984 _ - 3- SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE .Place: Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane, WA 99260 (Continued from Page #2) ZONE RECLASSIFICATIONS 4. ZN -51 -84 COMMERCIAL AND RESIDENTIAL OFFICE TO COMMERCIAL (Generally located approximately 250 feet north of the intersection of Francis Avenue and Cedar Road, west of and adjacent to Cedar Road in Section 25- 26 -42). Comprehensive Plan: Proposed Use: Site Size: Applicant: 5. ZE -14 -84 (R -2) TWO FAMILY RESIDENTIAL TO RESIDENTIAL OFFICE (Generally located east of and adjacent to Mullan Road, approximately 500 feet south of Broadway Avenue and approximately 700 feet north of Valley Way in Section 17- 25 -44). Comprehensive Plan: Proposed Use: Site Size: Applicant: /75 q)-0 5/ 0 6. ZE -52 -83 AGRICULTURAL SUBURBAN TO RESIDENTIAL OFFICE (Generally located at the southeast corner of Broadway Avenue and Bowdish Road in Section 16- 25 -44). Comprehensive Plan: Proposed Use: Site Size: Applicant: Urban Grocery Store Approximately 4.84 acres Warehouse Industries, Inc. E. 17515 Appleway Greenacres, WA 99016 George Wilson c/o John Schreiner Spokane County Title Co. N. 130 Stevens Spokane, WA 99201 Sties L7 TELEPHONE NO.: 456 -2205 Major Commercial Speculative - no site plan Approximately 14,600 square feet George Wilson, Jr. c/o John Schreiner Spokane County Title Co. N. 130 Stevens St. Spokane, WA 99201 Urban Speculative - no site plan Approximately 26,400 square feet (continued) II. BACKGROUND ANALYSIS (continued) ZONE RECLASSIFICATION NO.: ZE -14 -84 HISTORY OF LAND USE ACTIONS: Residential Office Zones to north and south in the late 1970's now developed to offices. Commercial Zone to west in 1983 within corridor for mixed usage. R -2 Zone to east stable since 1957. 4) LAND USE: Site Vacant North New Office Building and Residential East Single Family Residential South Office Building and Vacant West Vacant, Single Family, and Day Care 5) NEIGHBORHOOD CONSIDERATIONS: Access by 3 -lane Mullan Road; sidewalks existing. Residential properties adjoining on east and portion of north deserve protection from eventual development. III. SITE ANALYSIS 1) SITE CHARACTERISTICS AND CONSIDERATIONS: Relatively flat and vacant. Good exposure to major arterial. Transitional property between Mullan Road and residential to east. 2) AGRICULTURAL SUMMARY: Major Commercial not intended for agricultural, protection. 3) SITE PLAN INFORMATION: note: No site plan submitted. Prior to release of building permits, suggest administrative review of site plan to be in compliance with all ordinances and conditions. BUFFERING TECHNIQUES: Suggest sight- obscuring fencing and landscape strips, with generous treatment, along east property line and portion, of north property line adjacent residential property. Additional landscaping and screening to be in compliance with Residential Office Zone requirements. IV. CONCLUSION: Consistent with Comprehensive Plan provided that buffering be provided to residential properties. d9 V. RECOMMENDED AGENCY CONDITIONS, IF APPROVED: a) COUNTY PLANNING DEPARTMENT ZONE RECLASSIFICATION NO.: ZE -14 -83 (All Conditions imposed by the Zoning Hearing Examiner Committee shall be binding on the "Applicant ", which term shall include the owner or of the property, heirs, assigns, and successors.) 1. The Zoning Administrator shall approve a specific exterior lighting plan for the approved area prior to installation of such lighting. (Such plan shall attempt to confine illumination to the area with full consideration to adjacent properties). 2. Approval by the Zoning Administrator of a specific lighting and signing plan for the described property prior to the release of any building permits. 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. Landscaping shall be installed and maintained such that sight distance at access points is not obscured or impaired. 4. The specific development plan will be submitted for Planning Department review and approval prior to issuance of building permits. 5. All current standards of the Residential Office Zone, as amended, shall be complied with in the development of this site. 6. Landscaping shall be provided for this site, in conformance with Standards as identified in Section 4.07A.120 Landscaping. 7. Applicant shall comply with '208' recommendations concerning stormwater runoff and provide necessary landscaping for runoff. 8. Any division of land for the purpose of sale, lease or transfer, shall comply with RCW 58 -17 and the Spokane County Platting Ordinances prior to issuance of building permits. 9. That the provisions of SEPA's NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW and the Board of Spokane County Commissioners Resolution 1177 -1392 be initiated by the project applicant within thirty (30) days of final disposition of this application, and prior to any on -site improvements, or file appropriate documents to the effect that the NOTICE OF ACTION is waived in accordance with Spokane County Commissioners' Resolution 1182 -0458 dated May 4, 1982. 'go a) COUNTY PLANNING DEPARTMENT (continued) b) COUNTY ENGINEERING DEPARTMENT Prior To The Issuance Of A Building Permit: ZONE RECLASSIFICATION NO.: ZE -14 -84 10': 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 likely significant adverse impacts to the physical environment; a finding is hereby made that no probable significant adverse impacts upon the physical environ ment are anticipated as a result of the project; and a final declaration of non - significance is hereby to be issued. 11. That a 6 -foot sight- obscuring fence and adequate landscape strip be provided along the east property line and the north property adjacent to the residential property. The landscape strip shall be provided with generous plantings as approved by the Zoning Administrator. 1. Access permits for approaches to the County Road System shall be obtained from-the Spokane County Engineer. 2. 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. 3. 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 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 traveled by vehicles. 4. The word "applicant" shall include the owner or owners of the property, his heirs, assigns, and successors. 5. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners'Resolution No. 80 -1592 as amended. �'I c) COUNTY UTILITIES DEPARTMENT 1. d) COUNTY HEALTH DISTRICT ZONE RECLASSIFICATION NO.: ZE -14 -83 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(s) or Successor(s) in interest agree to authorize the County to place their name(s) on a petition for the formation of a ULID by petition method pursuant to RCW 36.94 which the petition includes the Owner(s) property and further not to object by the signing of a protest petition against the formation of a ULID by resolution method pursuant to RCW Chapter 36.94 which includes the Owner(s) property. PROVIDED, this condition shall not prohibit the Owner(s) or Successor(s) from objection to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or resolution method under RCW Chapter 36.94. 3. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 4. Each unit shall be double - plumbed for connection to future areawide collection systems. 5. That this action be conditioned with the performance criteria of Section 4.16A.050 of the ASA Overlay Zone. 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 shall be coordinated through the Director of Utilities, Spokane County. d) COUNTY HEALTH DISTRICT (continued) 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. 6. 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 are required to be installed and serviceable in accordance with the Spokane County Department of Building and Safety prior to development. A water plan showing each fire hydrant and being in compliance with Chapter 10.04 of the Spokane County Uniform Fire Code is required prior to construction of water service. The water plan shall specify the gallons per minute for each fire hydrant at a residual pressure of no less than 20 p.s.i. (minimum pressure). 3. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said, numbers shall contrast with their background. 4. This si a has been us d as a landfill / area. The Sponsor has submi ed prelimina recommendations for soil blaring and faun ations in ad tion to an investigation of/Possible gas du to ecaying organic waste. Prior to any construction, a final c mplete soil/ / /oundation report must be 1nmitted Plans /for he structure', prepared by a structural /engineer- must address this repo agency An approved ancy musy'be retained by the Sponsor to perfo special inspection to ensure compliance with all plans d requirements.�A statement approved by all agenci is to b filed with the peed of the " property, discussing the/ no ntial for settlement. However, structure has been laced on fill to reduce potential seta.ement4 f) WATER PURVEYOR ZONE RECLASSIFICATION NO.: ZE -14 -84 1. Water Purveyor is Modern Electric Water Company, and they will supply the site with adequate water for domestic, fire and irrigation uses. . ' g) COUNTY AIR POLLUTION CONTROL AUTHORITY ZONE RECLASSIFICATION NO.: ZE -14 -84 1. Air pollution regulations require that dust emissions during demolition, excavation and construction projects be controlled. This may require use of water sprays, tarps, sprinklers, or suspension of activity during certain weather conditions. Haul roads should be treated and emissions from the transfer of earthen material must be controlled as well as emissions from all other construction related activities. 2. Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean these surfaces. 3. All travelled surfaces (ingress, egress, parking areas, access roads) must be paved and kept clean. 4. Some objectionable odors will likely result during the construction phase of the project and from motor vehicles using the site following completion of the project and from occupants of the proposed project. 5. All air pollution regulations must be met. ,* -■- S P O K A N E C O U N T Y E N G I N E E R - -- P R E 1. I M I N A B Y C O N S U L T A T I O N - - A. Project Name: , - ,_/:L /t; ij PROPOSAL Number ut Parcels: _ – _ / Section ,'' T. . _ N., R. 4n/ E.W.M.; Quarter 1 25)4 DEVELOPER Name: j('( ,i ! I , 1.' t i n. d 1 ` %i Cn /,'TX- ! , or Address: _ _ AGENT Phone: Business ;; ;' `ieC2 -.l Home OWNER ENGINEER B. PRELIMINARY CONSULTATION: Date: /.2/ /54/ By: 4"..;.' 4"..;.' � !� /1/41//%71// z ,V / .et c( J ' Preliminary a) Right -of- Way /c• Conditions b) Curb r. - c) Sidewalk 71- d) Pave /1/2 e) Approaches r? '71't A25 eoix1 c f) Drainage " 5 /No /9 / 'F 5 l g) State /City Review Y/e& ( ) No (17 Remarks: Name: Address: Phone: Business Name: Address: Phone: Business NOTE: This proposal must comply with Spokane County Regulations for Roads, Ap- proach and Drainage in New Construction; Board of County Commissioners Resolution No. 80 -1592 as amended. Conditions are preliminary and may change after field in- spection and review of County records. C. INSPECTION Date: / / By: Remarks: D. SPECIFIC CONDITIONS: Fee Paid: /Yes I B. FINAL PLAT CHECKS No Amount $ Planning A 1$cation Signed: Date Fee Pali: Date Amount__ I Mathewatieal 6 Sin vey1 ng C No. I Date._ -- By No. 2 --- Date _.._. By Ni. 'i Dat ,. liy A,L11t ' 011.11 null hcw•, 1 I C.11 .in•i inn vcv l np ,.D,•. M;. ' „•. . Dat It •. ,.., - --- .. - Dale - - . N: - - I0.1 t .. n ,- - - 11. 1, . Is. By: C _ ll: Hume Home r, Anil . n1�t .rJ• . ... p� �• \ :nI .r, I/t .I,I, For ,Lai ,ADt .1,1. 1•cc : \mt .Alit . . L 4M2/N // ;T %k to, Cash Check & ,4_,/ Cash APPLICATION FOR ZONE RECLASSIFICATION—continued This section of the application will provide the Planning Department's Staff with written verification that the applicant has had preliminary consultation with the agencies identified. Results of the preliminary consultation should be incorporat- ed in the proposal before final submittal to the Planning Department. 1. COUNTY ENGINEER'S OFFICE A preliminary consultation has been held to discuss the proposal. Our requirements for submittal of this proposal for rezone have been satisfied. (Signatur5 (Date) V 2. COUNTY UTILITIES OFFICE 3. a) A preliminary consultation has been held to discuss the proposal. Our requirements for submittal of this proposal for rezone have been satisfied. The designated water purveyor for this site is (Signature) WATER PURVEYOR (NAME) The proposal (is) (is not) located area. b) Satisfactory arrangements proposal. c) We (are) (are not) able to (Signature) 4. BUILDING AND SAFETY DEPARTMENT A preliminary consultation has been held to discuss requirements for submittal of this proposal for rezone This proposal is located in Fire District # (Signature) 5. COUNTY HEALTH DISTRICT A preliminary applicant has bee (Signature) I, THE UNDERSIGNEI ABOVE RESPONSES A LEDGE. I FURTHER SWEAR POSED FOR ZONE RI HEREWITH IS WRIT1 ACTIONS ON HIS OR NOTARY (- Pay to the Order of First .. ;$ ktterstate nu 1F For L G 2 4/ I: L 2500028 RECEIPT Rt cf�r Frcln �::•� A :id .,•. (have) (have not) been serve this site with GEORGE WILSON JR. CONTRACT ACCOUNT ROUTE 2 BOX 142W 924-8367 SI.OKANE, WA 99207 e JeZ1 t rc,4J O /A ra D a.K'p First Interstate Bank of Washington NA. Riverside and Post Branch Spokane, WA 99201 A ;1 within the boundary of our service Dote U ;I (Date) (Date) (Date) 61: 70 053 s K u L4..,.f J adequate water. -�i LO it'. on./ made to serve this 3 / G the proposal. Our have been satisfied. ohnna:_. _S!SS - 900 0 Onll:7rs 644 19 -28 /1250 uollars 8812 j 'Zoning Hearing Examiner Committee Actions of July 1984 Location: Proposal: Action: Proposal: Action: Speculative - No Site Plan Denial. (Vote: 3 - 0) (continued) ZE- 47 -84, Residential Office to Local Business: WAh1 Enterprises, Inc. and . , VE- 53 -84, Variance to the Front Yard Setback Requirement Location: Generally located south of Sinto Avenue, east of Mullan Road, • and west of Stout Road in Section 17- 25 -44. Proposal: Office and Retail Action: Approval. (Vote: 2 - 1). The Zoning Adjustor approved a fr Stout Road, of 15 feet from the•property line, whereas 1 Section 4.09.070- (d) -(1) (the centerline'setback formula) requires a 40 foot property line setback. ZE- 3184, Agricultural to Multiple Family Suburban: Wyatt Location: Generally located approximately 400 feet east of Pines Road -' and approximately 300 feet north of Mansfield Avenue in Section 10- 25 -44. Proposal: Condominium and Apartment Complex Action: . Approval. (Vote: 3 - 0) 4) ZN- 51 -84, Commercial and Residential Office to Coserdial: Warehouse; Location: Generally located approximately 250 feet north of•the inter-- section of Francis Avenue And-Cedar Road, west .of and adjacent. to. Cedar Road in Section 25- 26 -42:' t Proposal: Grocery Store Action: ,Approval. (Vote: 3 - 0) 5) ZE- 14 -84, Two - Family Residential to Residential Office:' Wilson', Jr. Generally located east-of and adjacent to Mullan Road, approximately -500 feet south • of Broadway Avenue and approxi- mately 7 north of Valley Way in Section 17- 25 -44. Speculative - No Site Plan • Approval. (Vote: 3 0) 6) ZE- 52 -83, Agricultural Suburban to Residential Office: Wilson, Jr. Location: Generally located at the southeast corner of Broadway Avenue and Bowdish Road in Section 16- 25-44. The Hearing Examiner Committee felt that the proposed Residen- tial Office zoning would be considered "spot zoning" at the present time in a neighborhood which is substantially and uniquely residential. A. INTRODUCTION B. PROPOSAL C. FINDINGS OF FACT ZONE RECLASSIFICATION NO.: ZE -14 -84 SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS AND ORDER This matter having come before the Zoning Hearing Examiner Committee on July 5, 1984, and the members of the Committee present being Kenneth Kennedy, Chairman; Jane E. Myers and Richard L. Skalstad. The sponsor, George Wilson, Jr., is requesting approval of a zone reclassification, File No. ZE- 14 -84, Two - Family Residential (R -2) to Residential Office, for the purpose of speculation - (no site plan). 1. That the existing land use in the area is residential, offices, commercial, and vacant. 2. That the Comprehensive Plan designates this area as appropriate for Major Commercial development. 3. That the existing zoning of the property described in the application is Two - Family Residential (R -2). 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 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 proposed rezone is justified. 8. That the proposed use is compatible with existing uses in the area. 9. That the owners of adjacent lands expressed neither approval nor' 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. ZONE RECLASSIFICATION NO.: ZE -14 -84 . CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL (All Conditions imposed by the Zoning Hearing Examiner Committee shall be binding on the "Applicant ", which term shall include the owner or owners of the property, heirs, assigns, and successors.) a) COUNTY PLANNING DEPARTMENT 1. The Zoning Administrator shall approve a specific exterior lighting plan for the approved area prior to installation of such lighting. (Such plan shall attempt to confine illumination to the area with full consideration to adjacent properties). 2. Approval by the Zoning Administrator of a specific lighting and ' signing plan for the described property prior to the release of any building permits. 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. Landscaping shall be installed and maintained such that sight distance at access points is not obscured or impaired. 4. The specific development plan will be submitted for Planning Department review and approval prior to issuance of building permits. 5. All current standards of the Residential Office Zone, as amended, shall be complied with in the development of this site. 6. Landscaping shall be provided for this site, in conformance with Standards as identified in Section 4.07A.120 Landscaping. 7. Applicant shall comply with '208' recommendations concerning stormwater runoff and provide necessary landscaping for runoff. 8. Any division of land for the purpose of sale, lease or transfer, shall comply with RCW 58 -17 and the Spokane County Platting Ordinances prior to issuance of building permits. 9. That the provisions of SEPA's NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW and the Board of Spokane County Commissioners Resolution /177 -1392 be initiated by the project applicant within thirty (30) days of final disposition of this application, and prior to any on -site improvements, or file appropriate documents to the effect that the NOTICE OF ACTION is waived in accordance with Spokane County Commissioners' Resolution #82 -0458 dated May 4, 1982. 2 a) COUNTY PLANNING DEPARTMENT (continued) 10. 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 likely significant adverse impacts to the physical environment; a finding is hereby made that no probable significant adverse impacts upon the physical environ ment are anticipated as a result of the project; and a final declaration of non - significance is hereby to be issued. 11. That a 6 - foot sight obscuring fence and adequate landscape strip' be provided along the east property line and the north property adjacent to the residential property. The landscape strip shall be provided with generous plantings as approved by the Zoning Administrator. b) COUNTY ENGINEERING DEPARTMENT Prior To The Issuance Of A Building Permit: ZONE RECLASSIFICATION NO.: ZE -14 -84 1. Access permits for approaches to the County Road System shall be obtained from the Spokane County Engineer. 2. 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. 3. 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 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 traveled by vehicles. 4. The word "applicant" shall include the owner or owners of the property, his heirs, assigns, and successors. 5. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners'Resolution No. 80 -1592 as amended. 3 ZONE RECLASSIFICATION NO.: ZE - - 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(s) or Successor(s) in interest agree to authorize the County to place their name(s) on a petition for the formation of a ULID by petition method pursuant to RCW 36.94 which the petition includes the Owner(s) property and further not to object by the signing of a protest petition against the formation of a ULID by resolution method pursuant to RCW Chapter) 36.94 which includes the Owner(s) property. PROVIDED, this condition shall not prohibit the Owner(s) or Successor(s) from objection to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or resolution method under RCW Chapter 36.94. 3. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 4. Each unit shall be double-plumbed-for connection to future areawide collection systems. 5. That this action be conditioned with the performance criteria of Section 4.16A.050 of the ASA Overlay Zone. d) COUNTY HEALTH DISTRICT 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 shall be coordinated through the Director of Utilities, Spokane County. d) COUNTY HEALTH DISTRICT (continued) 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. e) COUNTY BUILDING AND SAFETY DEPARTMENT g) 6. Disposal of sewage effluent beneath paved surfaces is currently prohibited. 1. The site is located in Fire District # 1. ZONE RECLASSIFICATION NO.: ZE -14 -84 2. Installation of fire hydrants are required to be installed and serviceable in accordance with the Spokane County Department of Building and Safety prior to development. A water plan showing each fire hydrant and being in compliance with Chapter 10.04 of the Spokane County Uniform Fire Code is required prior to construction of water service. The water plan shall specify the gallons per minute for each fire hydrant at a residual pressure of no less than 20 p.s.i. (minimum pressure). 3. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible: and legible from the street or road fronting the property. Said numbers shall contrast with their background. 4. Trash enclosures shall not be located adjacent to combustible constructiuon or underneath windows or nonprotected eaves. f) WATER PURVEYOR 1. Water Purveyor is Modern Electric Water Company, and they will supply the site with adequate water for domestic, fire and irrigation uses. COUNTY AIR POLLUTION CONTROL AUTHORITY 5 1. Air pollution regulations require that dust emissions during demolition, excavation and construction projects be controlled. This may require use of water sprays, tarps, sprinklers, or suspension of activity during certain weather conditions. Haul roads should be treated and emissions from the transfer of earthen material must be controlled as well as emissions from all other construction related activities. g) COUNTY AIR POLLUTION CONTROL AUTHORITY (continued) 2. Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean these surfaces. E. ORDER 3. All travelled surfaces (ingress, egress, parking areas, access roads) must be paved and kept clean. 4. Some objectionable odors will likely result during the construction phase of the project and from motor vehicles using the site following completion of the project and from occupants of the proposed project. 5. All air pollution regulations must be met. The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of George Wilson, Jr., for a zone reclassification as described in the application should be approved. Motion by: Skalstad Seconded by: Myers Vote: Skalstad - Aye Myers - Aye Kennedy - Aye ATTEST: For WALLIS D. HUBBARD Planning Director C 4.-Si P. HOROBIOWSKI Zoning Administrator Date: o /2- ZONE RECLASSIFICATION NO.: ZE -14 -84 Unanimous to APPROVE to the RESIDENTIAL OFFICE ZONE - 3 -0) HEARING EXAMINER COMMITTEE HEREBY ATTEST TO THE ABOVE FINDINGS, ORDER, AND VOTE z€ /4 U3 cN) — .(yefPrdG -- -A; Vs cy JZ W 1 40 3 �.on d.1 - 1--Ikcn5 off - A?prcQ ctS,