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ZE-72-79 (2)AGENDA, JULY 19, 1979 Zd4 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." - 3- 091`14 ;O hof V=, toc1 1 0 5 c' II: '� J1r� J/9 • yt . J H F J U V f bROADWAY — — : -- = Fire 540tion E A ADw4y It - 1 \LLE WAY 1 0 " J ..15T OFF AVE ZE _ - U PRPGUE ■ 79 ■ f. o f r. n. R.R. AC SA CO I a v J J 4L II a W BRIDGE T N? 450 9 PA LAKE STk .M \ 1 � QTH AVE - Dal r � F J� 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�° 4 HEARING EXAMINER COMMITTEE Af J 5 0 EC. Z' 7 SCALE I"= 400' 0 N co ej 4-! tl > 0! 10 N cc + N , ';� 0 . , 0 1 1 - 1 � 0 830 0)02 =F E < -T— 55" -q 01 5PRZGU1Ei YJI - —PO - K — A - CO P N Y o Ao c� 13� 0 IM Z X 0 36 35 3 35 c r. 7 tij 2 3 M SCE T z 0 -w L ' .-�I J en cif O + N 0 Ia ko 0 Q I (I ro 00T 5 0 0', q r m nI T 4 s ! g g i Ic i � T je i'° __ -_ _ a.° �25t __ -_ 17 14 T N- 4 13 3 1 1 1 9 it V) (3 D 10 % za 4 i 17 v� IT 20 is 1 3 V 0 .� / f\ 7 - -- -I . 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