ZE-72-79 (2)AGENDA, JULY 19, 1979
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TELEPHONE NO.: 456 -2205
SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE
Time: Thursday, July 19, 1979, 8:30 A.M.
Place: Broadway Centre Building, Second Floor
North 721 Jefferson Street, Spokane
ZONE RE
2. 7!�gQi7i9 Aarf It Ural to Commercial
a. Location: Section 24,Township 25 N —Range 44,E.W.M.
The West 6 Acres of the NW1/4 of the ..
NE 1/4 of Section 24 of CMP Company right of
way, EXCEPT the North 30 feet for Sprague
Avenue; also EXCEPT the West 20 feet for
Conklin Road.
b. Vicinity Location: South of Sprague Avenue', east of Conklin
C. Applicants: , Earl Brecto and John Bye
-East 10511 Cimmaron Drive
Spokane, WA 99206
d. Site Size: 5.437 Acres
e. Existing Zoning: Agricultural, established March 27, 1942
f. Proposed Zoning: Commercial
g. Proposed Use of Property: Retail Store and ,Offices
h. Application of Zoning Provision: Chapter 4.21, Section 4;21.040
i. Environmental Impact: A topic of discussion at this hearing may be
whether the Hearing Examiner Committee
has adequate information to assess the
adverse environmental impacts of the proposal.
The State Environmental Policy Act WAC 197 -10- 330(2) provides that:
In the event that the further investigations authorized by this section
do not provide information reasonably sufficient to assess any potential
adverse environmental impacts of the proposal, an E.I.S, shall be prepared."
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STAFF ANALYSIS
1
July 19, 1979
ZE- 72 -79, AGRICULTURAL TO COMMERCIAL BRECTO /BYE
I. FINDINGS OF FACT
a. Zone Classification
1.
North:
Agricultural
Suburban, established, 1955
2.
West:
Agricultural,
established, 1942
3.
South:
Agricultural,
established, 1942
4.
East:
Commercial, established,
1967
b. Land
Use
1.
Site:
Single family
residences and vacant
2.
North:
Vacant
3.
West:
Single family
residence and vacant
4.
South:
Pasture, Rice
Meats, and railroad tracks
5.
East:
Single family
residences and pasture
c
9
e
Development Plan
Property area:
Proposed building area:
Existing building area:
Parking area (Spaces):
Regional Comprehensive Plan - 1968
Approximately 5.3 acres
Approximately 54,448 sq. ft. /23.6%
Coverage
To be removed
Required - 408 Actual - 408
The Plan Map has designated this area appropriate for Commercial
development.
Compliance with SEPA:
The Planning Department staff has circulated a proposed declaration of
non - significance and received no comments from Agencies of Expertise,
therefore, a recommendation that a final declaration of non - significance
be issued.
II. REVIEWING AGENCY COMMENTS:
a. County Engineer's Office:
The County Engineer's Office has requested the following be considered if
the rezone is approved:
NOTE: All required improvements shall be built to meet or exceed
minimum County construction standards.
1. Applicant shall dedicate 10 feet on Sprague Avenue for right -of -way.
2. Applicant shall dedicate 10 feet on Conklin Road and a 20 foot
radius on Conklin Road and Sprague Avenue for right -of -way and
necessary slope easements on Conklin Road at the Chicago - Milwakee
Railroad.
(continued)
STAFF ANALYSIS
July 19, 1979
ZE- 72 -79, AGRICULTURAL TO COMMERCIAL BRECTO /BYE
3. Applicant shall construct cement concrete curb and pave to existing
pavement on Conklin Road.
4. Applicant shall obtain approval for on and off -site drainage plan
before issuance of building permits.
c
0
5. Access permits for the advertised property shall be obtained from
the Spokane County Engineer's Office prior to release of building
permits.
6. Applicant must be a willing participant in any future. LID, RID or
CRP on Sprague Avenue.
7. Applicant shall construct paved and delineated approaches on Sprague
Avenue.
Spokane County Health District
The applicant shall comply with rules and regulations of the Health
District in providing for adequate sewage disposal. All necessary Health
District permits shall be obtained prior to building permit issuance.
Approval of sewage disposal facilities by the Spokane County Health
District.
County Fire Marshal's Office:
Fire District #1
Installation of fire hydrants to be in accordance with the requirements
of the Spokane County Fire Marshal.
Access and circulation plans for emergency vehicles to be approved prior
to building permit issuance.
Water Purveyor VERA WATER AND POWER
We are able to supply this proposal with adequate water.
III. CONDITIONS
If the Zoning Hearing Examiner approves this request, the following conditions
should be considered:
a. Compliance with all requests stated under Reviewing Agency Comments
above.
b. 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 permitted,
including, but not limited to the following changes: Building location,
(continued)
0
STAFF ANALYSIS
ZE- 72 -79. AGRICULTURAL TO COMMERCIAL
BRECTO /BYE
building materials, 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.
C. A landscape plan showing specific detail and accompanied by a performance
bond shall be approved by the County Zoning Administrator prior to
building permit issuance.
d. That the provisions of SEPA's Notice of Action pursuant to 43.21c.080 RCW
be accomplished by the applicant within thirty (30) days of formal action
by the Zoning Hearing Examiner Committee as instructed by the Planning
Department staff.
e. Interior driveways and parking areas shall be paved.
0
July 19, 1979
f. Direct light from any exterior area lighting fixture shall not extend
over the property boundary.
Zoning Hearing Examiner Committee Actions of July 19, 1979 (contd.)
3) ZE- 72 -79 Agricultural to Restricted Industrial: Chopot
Location: South of Sprague Avenue, east of Conklin Road.
Proposal: Retail Store and Offices.
Action: Approval. (Vote: Unanimous)
9) ZS- 58 -79, Agricultural to Mining, Class II: Barfield and Degerstrom
Location: Approximately 1,550 feet east of PSH No. 3, and
approximately 650 feet north of Spangle Creek Road.
Proposal: Gravel Mining and Rock Crushing.
Action: Continued to allow the applicant time to prepare an
Environmental Impact Statement addressing such factors as
light and air quality, water resources, traffic, and a
rehabilitation plan. (Vote: Unanimous)
5) ZN- 53 -79, Residential Office to Commercial: Plese Realty
Location: North of Francis Avenue, east of Stevens Street.
Proposal: Retail Auto Parts.
Action: Approval. (Vote: Unanimous)
6) ZE- 25 -79, Agricultural to Commercial: E. D. McCarthy, Inc.
Location: North of Sprague Avenue, west of Evergreen Road.
Proposal: Retail — Masonic Lodge.
Action: Continued and the application returned to the Planning
Department staff for clarification of issues presented.
(Vote: Unanimous)
7) ZE- 66 -79, Agricultural Suburban to Residential Office and /or Multiple Family
Suburban: Bonuccelli
Location: North of Broadway Avenue, approximately 600 feet east of
Park Road.
Proposal: Office.
Action: Approval. (Vote: Unanimous) Approved for Residential Office.
8) ZW -6-79, Agricultural and Commercial to Restricted Industrial: Alloy Mfg. Co.
Location: Southeasterly of Geiger Blvd, and south of the Garden Springs
Road.
Proposal: Manufacturing and Repair.
Action: Approval. (Vote: Unanimous)
9) ZE- 105 -79, Agricultural to Residential Office: Blair
Location: West of Sullivan Road, approximately 200 feet south of
Valley Way.
Proposal: Office Building.
Action: Continued indefinitely at the request of the sponsor.
(Vote: Unanimous)_ o _
File No. ZE -72 -79
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
A. INTRODUCTION
This matter having come before the Examiner Committee on July 19, 1979, and
the members of the Committee present being Ken Kennedy, Chairperson, Abby
Byrne and John Culler and there being the following persons present who wish
to request approval of a Zone Change; for a Zone Reclassif- ation, Agricultural
to Commercial for the purpose of retail store and offices.
B. FINDINGS OF FACT
1. That the existing land use in the area is residential, vacant, commercial
and pasture.
2. That the Comprehensive Plan designates this area as appropriate for
commercial development.
3. That the existing zoning of the property described in the application is
Agricultural.
4. That
the
provisions of RCW 43.21C
(The State Environmental Policy Act)
have
been
complied with.
5. That
the
proper legal requirements
for advertisement of the Agenda Item
have
been
fulfilled.
6. That
this
proposal is not in conflict
with the provisions of adopted regula-
tion.
7. That the land in this area is suitable for the proposed use, or uses within
the proposed Zone Classification.
8. That the proposed use is compatible with existing uses in the area.
File No. ZE -72 -79
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.
C. ORDER
The Hearing Examiner Committee, pursuant to the aforementioned, finds that the
application of Earl Brecto and John Bye for a Zone Reclassification as described
in the application should be approved.
Special conditions or contingencies applied to motion:
a. County Engineer's Office:
The County Engineer's Office has requested the following be considered if
the rezone is approved:
NOTE: All required improvements shall be built to meet or exceed
minimum County construction standards.
1. Applicant shall dedicate 10 feet on Sprague Avenue for right -of -way.
2. Applicant shall dedicate 10 feet on Conklin Road and a 20 foot radius
on Conklin Road and Sprague Avenue for right -of -way and necessary
slope easements on Conklin Road at the Chicago - Milwakee Railroad.
3. Applicant shall construct cement concrete curb and pave to existing
pavement on Conklin Road.
4. Applicant shall obtain approval for on and off -site drainage plan before
issuance of building permits.
2
File No. ZE -72 -79
5. Access permits for the advertised property shall be obtained from the
Spokane County Engineer's Office prior to release of building permits.
6. Applicant must be a willing participant in any future LID, RID or CRP
on Sprague Avenue.
7. Applicant shall construct paved and delineated approaches on Sprague
Avenue.
b. Spokane County Health District
The applicant shall comply with rules and regulations of the Health District
in providing
for
adequate sewage disposal. All
necessary Health District
permits shall
be
obtained prior to building permit
issuance.
Approval of sewage disposal facilities by the Spokane County Health
District.
C. County Fire Marshal's Office: Fire District #1
Installation of fire hydrants to be in accordance with the requirements of
the Spokane County Fire Marshal.
Access and circulation plans for emergency, vehicles to be approved prior to
building permit issuance.
d. Water Purveyor VERA WATER AND POWER
We are able to supply this proposal with adequate water.
e. Compliance with all requests stated under Reviewing Agency Comments
above.
f. 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 permitted, including,
but not limited to the following changes: Building location,
g. All conditions required by Fire Marshall shall be met before issuance, of
building permits.
File No. ZE -72 -79
h. That the Hearing Examiner Committee after hearing all testimony and a
review of the staff analysis adopts the proposed declaration of non- signi-
ficance and directs the chairman of the committee to sign the final
declaration of non - significance.
Motion by: Mr. Culler Seconded by: Mrs. Byrne
Vote: 3 to 0 (approved)
ATTEST:
FRED L. DAYHARSH
Planning Director
B y : s tir /a %2i7r�°
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HEARING EXAMINER COMMITTEE
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