ZE-0088A-80
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SPOKANE COUNTY HEARING EXAMINER RECEIVED
SEP 0 2 1998
RE Change of conditions within the ) FINDIN~~ CT
existin Urban Residential-22 -22 CONCLUSION~NGINE
E
~ ~ ) ) R
Zone, and request for bonus density ) DECISION
Applicant Axger Capital Corporation )
File Nos ZE-88A-80/ZE-36A-96 )
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1. SUMMARY OF PROPOSAL AND DECISION
Proposal: Application for change of conditions to the approved site plan and/or conditions
of approval for two pnor zone reclassifications, for development of 136 multifamily dwelling
unlts of retirement housing, and request for bonus density allowance in the existing Urban
Residential-22 (IJR-22) zone
Decision: Approved, subject to conditions
U. FINDINGS OF FACT AND CONCLUSIONS
The Heanng Examiner has reviewed the applications and the evidence of record, and
hereby adopts the following findings of fact and conclusions
A. GENERAL INFORMATION:
Applicant Gregory G Arger/Arger Capital Corporation, 300 North Mullan Road, #204,
Spokane, WA 99206
Legal Owners of Site: (1) Assessor's Parcel Nos 45221 9111and 45221 9112- Gordon Finch,
5806 N Vista Lane, Spokane, WA, 99212, and 9102 E Columbia Dnve, Spokane, WA, 99212
(2) Assessor''s Parcel No 45221 9200-Arger Capital Corporation (see above address)
(3) Assessor's Parcel No 45221 9217-Dayton Hudson Corporation, 777 Nicollet Mall,
Minneapolis, MN, 55402-2055 (4) Arger Capital Corporation has an option to purchase Parcel
Nos 45221 9111, 45221 9112 and 45221 9217
Address: None assigned
Location: Generally located at the northwest corner of the intersection of Fourth Avenue and
Evergreen Road, in the NE 1/4 of Section 22, Townslup 25 North, Range 44 EWM, Spokane
County, Washington
Zoning: Urban Residential-22 (UR-22) zone The site is also located withul the Aquifer
Sensitive Overlay zone and the Public Transit Benefit Area designated by the County Zoning
Code
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Comprehensive Plan Category: The property is designated in the Urban,category of the
Spokane County Generalized Comprehensive Plan The site is also located in the Aquifer
Sensitive Area, Pnonty Sewer Service Area and Urban Impact Area designated by the Plan
Environmental Review: A Determuiation of Nonsignificance was issued on March 5,
1998 by the Division of Building and Planiung
Site Description: The site is approxunately 5 83 acres in size and is rectangular in shape
The westerly 165 feet of the site involved in File Nos ZE-36A-96 is 1 82 acres, while the
easterly 305 feet of the site involved in File No ZE-88A-80 is 4 01 acres The site is pnmanly
vacant and undeveloped, except for a single-family residence and two outbuiidings located on the
northeast corner of the site The topography of the site is generally flat with a slight incline in
slope from the north property line to the south property line Little vegetation exists on site,
except for nahve grasses, shrubs and landscaping associated with the existing single-family
residence A wire fence with two strands of barbed wire surrounds a majonty of the property
Barbed wire fences are prohlbited in the UR-22 zone Overhead transrrussion lines border the
west side of Evergreen Road and the south side of Fourth Avenue The site is located within the
interim urban growth area (IUGA) boundanes designated by Spokane County nursuant to the
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Washington State Growth Management Act
Surrounding Conditions: Fourth Avenue is designated as a 70-foot wide Collector
Artenal on the Spokane County Artenal Road Plan Evergreen Road is designated as a 100-foot
wide Pnncipal Artenal Evergreen Road, adjacent to and south of the srte, is a two (2)-lane
paved road wrtlun a 50-foot wide nght of way, and lacks curb, sidewalk and street lighting ~
Between the site and Sprague Avenue, Evergreen Road is a five (5)-lane paved road with center
turn lane Fourth Avenue is a two (2)-lane paved road within an exishng 40-foot wide nght of
way, and lacks curb, sidewalk and street lighhng McDonald Road, located about a half mile
, west of the site, is designated as a Minor Artenal Sprague Avenue, located about 2 miles north '
. of the subject property, is designated as a Pnricipal Artenal by the Artenal Road Plan, and
comp,~nses a.ma~or traffc and commercial comdor through the Spokane Valley area _
A new freeway interchange is being planned at Evergreen Road and Interstate 90, to facilrtate
access to a new regional shopping,,.mall and other commercial development that has been
ty
developed or planned north of Interstate 90 Spokane County is trying to secure fundmg to
widen Evergreen Road from Interstate 90 south to Sprague Avenue and Fourth Avenue within a
few years This would include a three (3)-lane road section including center turn lane adjacent to
the site Approximately 100 feet south of the site is an abandoned railroad nght of way that has
been dedicated to Spokane County This 100-foot wide nght of way extends between and
parallel to Sprague Avenue and Fourth Avenue for a considerable distance Spokane County has
installed a public sewer interceptor in the abandoned nght of way, and has adopted a long range
plan to extend a new east-west Pnncipal Artenal in such nght of way
Intensive commercial development is found along Sprague Avenue to the north The abandoned
nght of way generally provides the dividing llne between Regional Busmess (B-3) zoning and
commercial uses and the Major Commercial category of the Comprehensive Plan to the north,
and residential uses and the Urban category to the south A relatively new Target retail store is
found at the southwest comer of Evergreen and Sprague Avenue, and a new Safeway store and
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other retail uses are found at the southeast corner of such artenals The nearest county park is
located about a mile south of the site, near Evergreen Road and 24'" Avenue
Land uses in the vicinity are pnmanly single-fanuly residences on land zoned Urban Residential-
3 5(UR-3 5), with some vacant land zoned UR-3 5 located immediately west and north of the
site Multifamily housing is found along the west side of McDonald Road north of Fourth
Avenue In December, 1995, a conditional use permit for a home industry (dance studio) was
approved in conjunchon with a single-family residence on a lot located along the south side of
Fourth Avenue, approximately 100 feet west of the site (File No CUE-22-95) Mamer Road,
between Fourth Avenue and Fifth Avenue, was vacated a number of years ago Keystone
Elementary School is found at the southwest corner of McDonald Road and Fourth Avenue
Zoning History of Site: In 1981, the easterly 305 feet of the site was rezoned from the
Agncultural Zone to the Multiple Family Residential zone, pursuant to the now expired Spokane
County Zoning Ordinance, with no specific development proposed Future development
pursuant to the zone change was conditioned on the submittal of a detailed site plan and
landscape plan for review and approval at a public heanng before the heanng body See Heanng
Examiner Committee Findings and Order dated 10-14-81, in File No ZE-88-80 Effective
January 1, 1991, the zorung of such land "crossed-over" to the UR-22 zone of the County Zoning
Code, pursuant to the Program to Implement the Spokane County Zoning Code Under the
Program to Implement, the condihons of approval attached to the rezone continued to apply to
the site after the cross-over, with any change to such conditions required to be in compliance
with the development standards of the new cross-over zone See County Resolution No 85-
0900, Program to Implement, Zone Classification Transition Guide, p 4
In December, 1996, the Heanng Examiner approved a rezone for the westerly 165 feet of the site,
from the UR-3 5 zone to the UR-22 zone The current applicant initially requested development
of 40 multifanuiy dwelling units of elderly housing on suc17 land, including a request for one (1)
unit of bonus density The Exanuner's decision derued the request for bonus density, restncted
development of the site to 34 multifamily dwelling uruts andlinuted building heights to 35 feet
See Heanng Examiner final decisions in File No ZE-36-96, as referenced below
History of Current Applications: In November, 19971 the applicant submitted a change of
condition application to develop the 4 01 acre site rezoned in File No ZE-88-80 for 96
multifamily dwelling uruts, including eight (8) uruts of bonus density See File No ZE-88A-80
In December, 1997, the applicant submitted a change of conditions applications to develop the
site rezoned in File No ZE-88-80 and the site rezoned in File No ZE-36-96 as a combined site
for multifamily development See File Nos ZE-36A-96 and ZE-80A-80 This eventually
resulted in the submuttal of a revised site plan dated February 3, 1998, for the development of
136 uruts of general multifanuly housing on the combined site of 5 83 acres, which included
eight (8) unrts of bonus density A public heanrig was held on this revised applicahon on Apnl
3, 1998, at the conclusion of which the Heanng Examiner took the matter under advisement for
decision
Based on new information subrrutted after the public heanng regarding the frequency of traffic
accidents at the intersection of Fourth Avenue and Evergreen Road, and concerns over the traffic
volume impacts from the project considered at the Apnl 3, 1998 public heanng, the Examiner
advised the parties of record that further traffic study might be wamanted for such project and
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that the public heanng might need to be reopened to consider the new information See letter
dated 4-17-98 from the Heanng Examiner to Arger Capital Corporation These concerns
prompted the applicant to propose development of the site solely for 136 units of retirement
multifamily housing, which was expected to have less traffic impact than an equivalent number
of general multifamily dwelling uruts In the event such development proved not to be feasible,
the applicant requested permission to pursue the onginal plans for general multifamily housing,
subject to preparation of a traffic study and its consideration at a public heanng See letter dated
4-23-98 from Gregory Axger to the Heanng Examiner, and testimony of Prokey Arger
Comments solicited from neighbonng property owners indicated some interest in the retirement
complex concept On May 21, 1998, the applicant submitted a revised site plan for a 136-urut
retirement complex, along with a traffic study prepared by its consulting engineer This
information was circulated to neighbonng property owners who had testified or submitted letters
for the public heanng held on Apn13, 1998 Such owners were notified in wnting that a public
heanng would be held on June 12, 1998 on the revised site plan See letters dated 5-21-98 and 5-
27-98 from the Heanng Examiner
Project Description: Application for a change of conditions in File Nos ZE-88-80 and ZE-
36-96, to develop 136 multifamily dwelling uruts of retirement housing on the site, including a
request for bonus density The existing buildings on the site would be demolished to allow
development of the project County Engineerulg conditions of approval request the dedication of
2 5 feet of nght of way along Fourth Avenue, 25 feet of nght of way along Evergreen Road and
nght of way for an increased turning radius at the intersection of Fourth Avenue and Evergreen
Road An additional future acquisition area of 12 5 feet along Fourth Avenue was also
requested The site plan of record illustrates 14 feet of nght of way dedication for Evergreen
Road and rune (9) feet of future acquisition area, which conflicts with the recommended
condrtions of approval The applicant would be requued to improve Fourth Avenue by adding
8 5 feet of asphalt, curb and sidewalk The project would be served by public sewer and water,
and modern pnvate utilities
The site plan of record illustrates a total of seven (7) buildings on the site, including three (3)
tnplex structures for independent living on the westerly 165 feet of the site, an assisted living
facility on the easterly 305 feet, three (3) enclosed garage structures and two (2) carports The
central wing of the assisted living facility is intended to house a large dining area, reading area,
library, physical therapy and recreational facilities Landscaped courtyard areas are planned
between the vanous buildings and structures The tnplexes would feature independent living for
retired persons Typical building heights of 36 feet and 45 feet are listed on the site plan of
record The tnplex buildings are planned not to exceed two stones in height, wlule the assisted
living facility is illustrated with an intenor single-story structure and two outer three (3)-story
levels See testimony of Gregory Arger, Prokey Arger and Roy Wyatt The site plan provides a
total of 147 total parkuzg spaces A circular dnveway is illustrated at the main entrance to the
site along Evergreen Road, and a secondary entrance is illustrated along Fourth Avenue
If the applicant dedicates 25 feet of nght of way along Evergreen Road as requested, the net
acreage of the site after the dedication of nght of way would be 5 52 acres Based on such net
acreage and using the area of building coverage listed on the site plan of record, the maximum
building coverage on the site would be approximately 26 % See site plan of record submitted 5-
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21-98 The net density of the project would be approximately 24 6 unlts per acre, which includes
a bonus density request for 15 multifamily dwelling units
A flanking street yard setback from Fourth Avenue of 32 5 feet for the westerly 165 feet of the
site, and 120 5 feet for the easterly portion of the site, respectively, are illustrated on the site plan
This reduces to setbacks of 20 feet and 108 feet, respectively, when measured from the future
acquisition area along Fourth Avenue Based on the dedication of 25 feet of nght of way along
Evergreen Road and the location of buildings shown on the site plan, a front yard setback of 92
feet would exist along Evergreen Road A rear yard setback of five (5) feet from the westerly
boundanes of the site is shown for the tnplex proposed at the southwest corner of the site, and
also for the garages located in the northerly portion of the site The rear yard setback increases to
25 feet for the other two tnplexes A side yard setback of 15 feet from the north property line of
the site is illustrated for the tnplex proposed for the northwest corner of the site A flanking
street yard of 25 feet is illustrated between the garages located in the northerly part of the site and
the road nght of way that abuts the site on the north
The srte plan of record illustrates 20 feet of Type III landscaping along the vanous road nght of
ways Such landscaping falls outside the area of nght of way dedication and future acquisition,
except for an encroachment of two (2) feet into the 25 feet of nght of way required to be ~
dedicated along Evergreen Road Approxunately 15 feet of Ty.pe III landscaping appears to be
shown along the northerly border of the westerly 165 feet of the site, and also along the most
westerly boundary of the site, except adjacent to the tnplex proposed in the southwest corner of
the site Five (5) feet of Type III landscaping appears to be shown adjacent to the sarne tnplex
bi,ulding, and also along the westerly border of the most northerly porhon of the site Other
landscaping is shown interspersed throughout the site A six (6)-foot high sight-obscunng fence
is illustrated along the project's northerly and westerly borders
B. PROCEDURAL INFORMATION:
Applicable Zoning Regulations: Spokane County Zoning Code Section 14 504 040, and
Chapters 14 622 and 14 820
Heariag Date and Location: Apn13, 1998 and June 12, 1998, Spokane County Public
Works Building, Lower Level, Commissioners Assembly Room, 1026 West Broadway,
Spokane, WA
Notices: Mailed March 18, 1998 and May 12, 1998
Posted March 19, 1998
Published March 19, 1998
Compliance The legal requirements for public notice have been met
Site Visit: Before and after public heanngs
Hearing Procedure: Pursuant to Resolution Nos 96-0171 (Hearing Examiner Ordinance)
and 96-0294 (Heanng Examiner Rules of Procedure)
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Testimony:
Francine Shaw and John Pederson Scott Engelhard and Pat Harper
Division of Building and Planning Division of Engineenng and Roads
1026 West Broadway 1026 West Broadway
Spokane, WA 99260-0240 Spokane, WA 99260
Robert Brueggeman, Traffic Engineer Prokey Axger and Gregory Arger
Division of Engineenng and Roads 300 North Mullan Road
1026 West Broadway Spokane, WA 99206
Spokane, WA 99260
Susan Mathis Karen Cone
13614 East 3dAvenue 13620 East Yd Avenue
Spokane, WA 99216 Spokane, WA 99216
Jim Scott Lynette Bailey
2312 South Baldor Road 13306 East 6`h Avenue
Spokane, WA 99216 Spokane, WA 99216
Neil Francom Plul Bruru
404 South Evergreen 311 South Evergreen
Spokane, WA 99216 Spokane, WA 99216
Walter Johnson Roy Wyatt
13907 East 4''' Avenue 1801 West Broadway
Spokane, WA 99216 Spokane, WA 99201
Ann Winkler
707 West 7" Avenue, Suite 200
Spokane, WA 99204 ~
Items Noticed: Spokane County Comprehensive Plan, Spokane County Zorung Code,
Spokane County Code, Spokane County Resolution Nos 96-0171 and 96-0294, Spokane County
Artenal Road Plan Maps, and Spokane County Standards for Road and Sewer Construction
(adopted pursuant to Chapter 9 14 of the County Code) Spokane County Resolution Nos 97-
0321 (adopting intenm development regulations for lands lying inside and outside IUGAs), 97-
0134 (establishing IUGA boundanes), 97-0135 (adophng a moratonum for lands lying outside
IUGAs), and 85-0900 (adophng Spokane County Zotung Code and Program to Implement the
Spokane County Zoning Code) Spokane County Zorung Adjustor Findings of Fact,
Conclusions and Decision dated 12-28-95, in File No CLTE-22-95, Hearing Exanuner
Committee Findings and Order dated 10-14-81, in File No ZE-88-50, Heanng Examiner
Findings of Fact, Conclusions and Decision dated 12-17-98, in File No ZE-36-96, and Heanng
Examiner Order Correcting Clencal Error in Decision dated 12-18-96, in File No ZE-36-96
Procedural Matters: (1) The Heanng Examiner reopened the Apn13, 1998 public heanng to
consider new information and a revised application Wntten notice of the June 12, 1998 heanng
was provided to parties of record 16 days and 31 days respectively pnor to the heanng The
Heanng Examiner Rules of Procedure require only five (5) days wntten notice to parties of
record by the Heanng Examiner, when a heanng has been reopened to consider new information
pnor to the issuance of a final decision In cases where an application has been revised but not
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substantially changed, the revised application may be heard as long as it has been circulated for
comment by the reviewing agencies See County Resolution No 96-0294, Attachment "A",
Sections 13 and 14 The Examiner agrees with County Planntng staff that the revised site plan
considered at the June 12, 1998 public heanng did not constitute a substantial change from the
application heard at the Apnl 3, 1998 public heanng The revised application proposed
development of the same number of dwelling units as the onginal application, and was more
mitigating in terms of traffic and other land use impacts in the viciruty, since it proposed
development of the site solely for a retirement complex rather than general multifamily housing
(2) The Hearing Examiner disclosed a potential conflict of interest regarding the proposal to the
applicant and other parties of record pnor to the June 12, 1998 public hearulg This disclosure
was made as soon as it was apparent to the Examiner that a potential conflict existed The
applicant waived any objection to such potential conflict, and no objection was made by the other
parties of record to the Examiner heanng the case See letters dated 4-17-98 and 5-7-98 from the
Heanrig Examiner to the applicant and parties of record, and letter dated 5-11-98 from Gregory
Arger to the Heanng Examiner
C. LAND USE ANALYSIS:
1 Chanee of conditions annroval cntena
The applicant seeks to change the srte plan and condrtions of approval for the 1996 rezone of
the westerly 165 feet of the site in File No ZE-36-96, and proposes a specific site development
plan for the 1980 rezone of the easterly 305 feet of the site in File No ZE-88-80 Spokane
County Zorung Code 14 504 040 requires that applications for sigruficant changes to the site
development plan approved for a pnor rezone, and changes to the conditions of approval for a
pnor rezone reclassification, be approved by the Heanng Body following a public hearing ~
The County Heanng Examiner Ordinance authonzes the Heanng Examiner to consider -
change of condition applications at a pubhc heanng The Heanng Examiner is required to set
forth in findings and conclusions the manner in wluch a land use decision cames out and
conforms to the Comprehensive Plan and development regulations The Examiner is authonzed
to grant, deny or grant with such conditions, modifications and restnctions as the Examiner finds
necessary to make the land use application compatible wrth the County's Comprehensive Plan
and development regulations See County Resolution No 96-0171, Attachment "A", paragraphs
7(d) and section 11 This includes compliance wrth the Spokane County Zoning Code, the State
Environmental Policy Act (SEPA) and the County's Local Environmental Ordinance (chapter
11 10 of the Spokane County Code)
Since a change of conditions application modifies a pnor rezone action, the cntena for
approving a rezone is generally applicable In considenng a rezone application, Washington case
law generally provides that (1) there is no presumphon in favor of the rezone, (2) the applicant
for the rezone must prove that conditions have substantially changed in the area since the last
zonuig of the property, and (3) the rezone proposal must bear a substantial relationship to the
public health, safety or welfare Parkndge v Seattle, 98 Wn 2d 454, 462 (1978), Biarnson v
Kitsap Countv, 78 Wn App 840 (1995) Spokane County Zoning Code Section 14 402 (1)(2)
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 7
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indicates that consistency with the Comprehensive Plan, detnment to the public welfare and
changed circumstances are relevant in deciding to amend the official County Zorung map
A comprehensive plan serves as a guide to the adoption of zoning regulations, and stnct
adherence thereto is not required See RCW 36 70 970 (3), Bame v Kitsan Countv, 93 Wn 2d
843, 848-49 (1980) General conformance with a comprehensive plan is normally required
before a rezone may be approved Bassani v Countv Commissioners, 70 Wn App 389 (1993),
Belcher v Kjtsan Countv, 60 Wn App 949, 953 (1991), and Cathcart v Snohomish Countv, 96
Wn 2d 201, 211-12 (1981), and Bame v Kitsan Countv, 93 Wn 2d 843, 848-49 (1980)
Consistency wrth a comprehensive plan is relevant in determirung whether a rezone bears a
substantial relationship to the public welfare Bassani, Wra, at 396-98 Recent cases have held
that changed circumstances are not required for a rezone if the proposed rezone closely
implements the pollcies of a comprehensive plan Biarnson v Kitsap Countv, 78 Wn App 840,
846 (1995), Save Our Rural Envu-onment v Snohomish Countv, 99 Wn 2d 363, 370-371
(1983)
Spokane County Zorung Code 14 100 104 states that the provisions of the Zorung Code
shall be interpreted to carry out and implement the purpose and intent of the Comprehensive Plan
and the general plans for physical development adopted by the Board of County Commissioners
The Comprehensive Plan indicates that it should be used as a reference source and guide for
making land use decisions Comprehensive Plan, p 2 The "decision guidelines" set forth in the
Comprehensive Plan are to be used in deternurung whether or not a particular proposal should be
approved, conditioned or derued
A change of conditions is not a rezone, because it does not change the actual zone of the
property However, a change of conditions may affect the conditions of approval, as well as the
permitted uses, location of buildings, landscaping, conditions of approval and other features in a
site development plan, approved in conJunction with a pnor rezone Proof of "changed
conditions" as in the case of a rezone would not seem to be compelled for a changed conditions
application, except in the case where an applicant is attempting to obtain approval of the same or
similar project that was derued in the past
2 Bonus densitv annroval cntena
The UR-22 zone authonzes a denslty/net density of 22 dwelling uruts per acre, unless bonus
density is authonzed under Zoning Code Chapter 14 820 See Zorung Code 14 300 100,
definition of "density", and Zorung Code 14 622 305 The net density of the project is
approximately 24 6 dwelling units per acre The applicant seeks a potential bonus density
allowance of approximately 2 6 dwelling units per acre, or an extra 15 dwelling units, based on
direct hook-up to public sewer
Zoning Code Chapter 14 820 authonzes bonus densities of 3 5 dwelling units per acre in the
UR-22 zone, for direct hook-up to public sewer Additional bonus densities of 5 dwelling uruts
per acre each may be authonzed for location of development within one-quarter (1/4) mile
walking distance of available public transit, and location of development where off-site
convemence shopping facilities are functionally accessible within reasonable walking distance
(i e 5 miles), or where the pnmary means of access to a development is via an artenal Zorung
Code 14 820 060
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To qualify for bonus density for the direct hookup to public sewer, the site must be no more
than 200 feet from a sewer trunk or collector line, unless the County Division of Uhlities
determines that it is feasible to hook-up to a sewer trunk or collector line at a greater distance
when applicable Zoning Code 14 820 080 To qualify for bonus densities under Zoning Code
Chapter 14 820, a project must meet the development standards of the UR-22 zone, and the
increased density must not be detnmental to the general purpose for granting bonus density under
such chapter, or otherwise harmful to the public health, safety and welfare Zorung Code
14 820 000
The stated purpose of the bonus density provisions of Zorung Code Chapter 14 820 is to set
standards that will allow higher than normal residential densities in a manner that provides a
desirable living environment compatible with surrounding land uses Development bonuses are
expected to increase the construction of development, generally within the Urban Impact Area
designated by the Comprehensive Plan, in locations where the actual corulection to sewers is
intended to protect the County's sole source aquifer Bonus densities are intended to provide for
higher density development in locations close to employment, shopping, major transportation
routes and sarutary sewer, and to provide economical multifamily housing in regard to
anhcipated growth in areas required to use sanitary sewer facilities when such facilities are
operahonal See Zoning Code 14 820 000 Bonus density for public sewer may be granted
through the public heanng process in conjunction with a change of conditions application, but
only after direct hookup is guaranteed Zorung Code 14 820 020 and 14 820 040
3 ADnlicable policies of Comnrehensive Plan
The proposal is designated in the Urban category of the Comprehensive Plan The Urban
category is intended to provide the opportunity for a"citylike" environment, which includes
vanous land uses, residential development and a high level of public facilities and urban
services It is pnmanly a residential category of single-family, two-family, multi-family, and
condomuuum buildings-along with neighborhood commercial, hght industnal, and public and
recreahonal facihties The Urban category recommends a residential net density range of one (1)
to 17 uruts per acre The more intensive uses in the Urban category, such as light industnal and
neighborhood commercial, would be located near or along the heavily traveled streets The
Urban category indicates that the least intensive single-fanuly residential uses should be isolated
from the noise and heavy traffic, and multifamily structures will usually be a transitional use
located between single-family residential and the more intensive areas See Comprehensive
Plan, Section 1, "Purpose" and "Detailed Definition"
The Urban category includes the following relevant goals, obJectives and decision
guidelines
Goal 1 1 Encourage a variety of housing types and densities
Objective 1 1 a Promote fill-in wcthin establtshed development areas and '
excsting outlying communcties where utilities, artercals, schools and
conimunity facilities have already been establtshed
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Decrsroii Gziideliize 1 1 1 Ut-baii clevelopment wcll be appi oved rn areas
havcng adequate power supplies, water, sanitaty ancl storm sewers,
streets, arid school and fire services, provided that such development
meets the iiitent of other Objectives and Decision Guidelines of this
section
Objechve 1 1 b Higher-denslty developments such as multi famzly and
mobile honzes (manufactured homes) parks shoulcl be located with direct
or near access to the major arterial systems rather than on rnterror
neighborhood streets Access to pubic trafisportatcon should also be
constdered
Objecttve 1 1 c When multifamily dwelling are to be located adjacent to
single famzly areas, careful consideration must be given to the denstty and
deszgns of the mulhple family development so as to ensure protection of
the amenities of the scngle family area
Decision Guideline 112 Base rret denstty for single family dwelling
areas and for multifamily dwelling areas may be cncreased through bonus
options, bonus denszties, zero lot lines or simclar methods when meeting
the fill-in crateria
Dectsion Guideline 113 A multifamcly dwelling structure exceedzng
three (3) residential units or a development of such structures or
manufactured homes (except those on single famtly lots) should
a) locate adjacent designated artercals,
b) locate near existing or planned publzc transtt routes,
c) improve or macntacn the consistency of adjacent single famzly
amenities
Decision Guideline 114 A variety of densttces and residentzal uses
should be avaclable to provcde a freedom of chotce to live in Urban areas
with varying densittes, combinations, or mix of uses (see detailed Urban
defintttons)
Decision Guidelzne 116 Development utilizing construction methods,
site planning and/or landscaping methods which are considered
innovative should be approved af the cntent of Plan ObJectives or Decision
Guidelines cs marntained
Objectlve 12 a Support tncreased cluster development pr oviding for open
spaces wrth the development
Objective 12 b Ensure adequate open space, recreatiottal facilrtres and
parks for residential development
Deccscon Guidehne 12 1 Cluster development proposals may be
approved when such proposals are compatible with nearby development
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 10
i
and wlien the overall defined Urban density on the proposal site is not
exceeded
Decision Guidelcne 12 2 The need for recreation and open space created
by residential develop»zents should be met and be in conformance with
ordinances, plans and polccies prcor to residential development approval
Decision Guideline 12 2 The need for recreatcon and open space created
by residefitial developnients should be met and be rn conformance with
ordinances, plans, and polzctes praor to residential development approval
Decision Gurdeline 13 3 All Urban development proposals should
require public sanrtary and storm sewer systems or intercro sewer systems
to pYOtect water qualcty
Goal 15 Encourage a healthful and pleasing enviroriment in the
County's residential areus
Objective 15 a New residenhal or multzple family should be buffered
from exrsting adjacent land uses where adverse effects may develop
Decrsion Guideltne 15 1 Buffering andlor landscaping wall be used to
mitigate the differences between proposed developments and ezcsting uses
Decision Guidelrne 15 2 Landscaping may be required to provide a
healthful and pleasing residential envtronment
Decision Guidelcne 15 4 Sidewalk factltttes wtll be required along
arterzals connecting residential areas with community facilittes and/or
commerctal areas -
Objectlve 15 d Residential areas should be dtscouraged wcthcn high
nocse level zones such as cn the viccnity of alrports, ratlroads and
freeways
Objectcve 1 S e When a neighborhood experiences pressure for change in
character, such change shall be permttted upon appropriate revaew
Objective 1 S f Consider the profile, especrally hecght, of the excstang
nerghborhood when evaluating multtfamaly developments
Objective 15 g In many tnstances, mobcle ho»ies and multifamily
development may be appropriate to renew residential areas
Deciscon Guidelcne 15 7 Before approvang any multifumcly housing or
manufactured home development proposals, it should be determined that
such development will enhance the residential character or aesthetzcs, or
will improve residential values of the area
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 11
e
Objectrve 1 S 8 Wjieri deterininifzg whether a proposal will change the
extsting land use character of an areu, fuctors to conscder may include
a) the structure Iieight of the proposal in relatzon to structure
height of nearby structures, and
b) whether new structures will have a posttive or negatzve zmpact
upon the neighborhood 's archrtectural character
Deccsion Guideline 1 61 Before land use proposals are approved they
should
a) conform to plans, policies and regulations of County water, sewer, storm sewer,
utilzty and speccal service districts,
b) conform to County transportataon plans and polictes, and
c) identify and take steps to resolve significant adverse cmpacts upon existing
IlllIiI16.S, (c e water, sanctary and storm sewers, utility, available and future
energy resources), and traffic systems
The property is also located within the Urban Impact Area (UTA) designated in the
Comprehensive Plan See Comprehensive Plan, Section 14 This is an area where growth,
development and higher intensities of land use are encouraged Comprehensive Plan, Objective
14 1 a Traditional urban problems such as incompatible land uses, environmental pollution and
traffic congestion are to be managed with greater attention to the general public's well-being
inside the LJIA Comprehensive Plan, Objective 14 1 e
The Transportation section of the Comprehensive Plan contains the County Artenal Road
Plan and numerous policies relating to development and use of county artenal and local access
roads Comprehensive Plan, Section 21 The Artenal Road Plan descnbes various classes of
artenals, with the remairung county roads considered Local Access roads The County Artenal
Road Plan Maps designates artenals as Pnncipal Artenals, Minor Artenals, etc , and lists design
cntena applicable to each classification
The Artenal Road Plan charactenzes a Pnncipal Artenal (without controlled access) as a
four or more lane (including turnuig lane), moderately fast facility designed to permit relatively
ununpeded traffic flow between major traffic generators, such as the central business distnct,
major shopping centers, major employment distncts, etc Prulcipal Artenals are considered the
framework road system for the urbanized portion of the county, and are to be located on
commun.ity and neighborhood boundanes The desired nght of way width for a four lane
Pnncipal Artenal under the A.rtenal Road Plan is 100 feet, with rrununum roadway width of 63
feet prescnbed between curbs Common features along such artenals include pedestnan
crosswalks at signalized intersections, restncted parking, landscaping, drainage, street-lighting
and separated sidewalks See Comprehensive Plan, p 246-247, 253-254 and Figure 21-4 The
Artenal Road Plan recommends the early acquisition of the prescnbed nght of width for
Pnncipal Artenals, though actual road construction within such nght of way may be
accomplished in phases over tune Comprehensive Plan, p 253
Decision Guideline 21 13 of the Transportatlon Section states that the review of land use
proposals should contain provisions for extensions, alignments and adequate nght of way
acquisition for designated County Artenals The Transportation section encourages an adequate,
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 12
•
efficient, safe, economical and energy-conserving artenal system, which provides converuent
access to homes, employment, shopping, personal business and recreation Decision Guideline
214 2 Decision Guidelines 214 5 and 21 5 7 recommend that the function of existing and
future artenals be preserved by controlling land uses, parking and direct access along the
artenals Decision Guideline 21 5 11 encourages pedestnan facilities to enhance the safety and
converuence of pedestnan travel and to provide access to neighborhood facilities Decislon
Guideline 21 5 3 encourages land use planrung that will minimize the need for high capacity
transportation comdors and encourages land uses in areas that can take advantage of the
available capacity of existing artenal streets
The Transportation policies of the Comprehensive Plan are implemented pnmanly through
the Spokane County Standards for Road and Sewer Construction adopted by the County The
Road Standards authonze the County Division of Engineenng and Road to adopt certain
functional classifications for designated artenals and local access roads, and specify design
standards and improvement cntena for such road classifications
4 The nrooosal. as conditioned. izenerallv conforms with the Comurehensive Plan
The site is currently zoned UR-22, a zone which specifically implements the Urban category
of the Comprehensive Plan The purpose and intent of the UR-22 zone is set forth in Zoning
Code 14 622 100, as follows
The purpose of the UR-22 zone ts to set standards for the orderly
development of restdentral property in a manner that provtdes a destrable
Izvzng envcronment tliat zs compatable with surroundcng land uses and
assures the protection of property values It is intended that this zone be
used to add to the variety of housing types and denstties, and as an
- implementation tool for the Comprehensive Plan Urban Category General
characteristics of these areas cnclude paved roads, public sewer and water,
_ accessibclity to schools and labraries, and a full ltne of public services
including manned fire protection and public transit accessibclity Off ces
are permctted in the UR-22 zone in order to provide some of the servace
needs generated by high-rntensity land uses The highest densitv residentzal
zone. UR-22. rs intended Drimarilv for multinle-famzlv dwellinQS and is
usuallv located adiacent to maior or secondarv arterials It is used as a
transltton between low or medtum densctv niultcnle-famtlv uses and antenscve
commerccal or low intensitv tndustraal uses and to orovide for higher densitv
housing in locatrons close to emolovment, shoDbinQ and nzaior
transportatron where movements of neonle can be handled efficcentlv and
with least overall adverse imDact
[emphasis added]
The applicant seeks to develop 136 units of "rehrement" housing This includes rune (9)
"independent living" uruts located in the three tnplexes, and 127 uruts in the "assisted living"
facility The defirution of a"multi-family dwelling" under the Zorung Code contemplates
independent living among three or more families occupying a building See Zorung Code
14 300 100 The Zoning Code defines an "retirementlelderly apartment" use as a" multi-
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 13
~
.
family dwelling designed for individuals and couples who are retired from active employment
service, and who are not medically dependent upon other individuals" Zoning Code 14 300 100
The nine (9) independent living units clearly meet the definition of "retirement/elderly
apartment" and "multi-family dwelling"
There is some question as to the proper classification of the 127-unit assisted living facility
portion of the project The applicant indicated that the residents of the assisted lrving units will
be provided one meal a day in the dining area of the facility, that recreational facilities and other
amenities would be provided for the residents, and that nursing staff would be available to
provide a minor level of inedical and personal care to the residents The residents will be fairly
active It is unclear whether such facility would need to be licensed by the State See testimony
of Prokey Arger Such facility could potentially meet the definition of a"convalescent home"
under the Zoning Code A"convalescent home" is defined by Zoning Code 14 300 100 as
follows
A resadential facility licensed by the State or Courity to provide special
care ancl supervision to convalescents, invalids, and/or aged persons, but
where no persons are kept who suffer from mental sickness or disease or
physical disorder or azlment which is normally treated withcn sanitariums
or hospitals Specral care rri such a facihty lncludes, but as not limited to,
nursing, feeding, recreatcon, boarding and other personal servrces
If the proposed assisted living facihty met the defirution of a"convalescent home", it would
not appear to be a"multi-family dwelling" as defined in the Zoning Code, and accordingly would
not be subject to the density restnctions of the UR-22 zone applicable to retirementlelderly
apartments and other multifamily uses See Zorung Code 14 300 100, defirution of "dwelling
unit" Under such charactenzation, the applicant would not be required to apply for bonus
density, since there would only be nine (9) multifamily dwelling units on the site
Under the facts presented, the Examiner finds the proposed assisted Iiving facility to lie
somewhere between a"retirement/elderly apartment" use and a"convalescent" home The Staff
Report charactenzed the enhre project as "multi-family" development, for the purpose of
analysis under the Comprehensive Plan and compliance wrth the Zorung Code The applicant
d1d not dispute such charactenzation It is also noted that the Comprehensive Plan does not
define a"mulhfamily dwelling" or break uses down as finely as the Zonmg Code See
Comprehensive Plan, Glossary, definition of "dwelling unit" For the purpose of analysis, the
Examiner will consider the project to be a"multi-family dwelling", and more specifically as a
"retirementlelderly apartment" use
The applicant has proposed a density of 24 6 dwelling units per acre, which is more than the
maximum density of 17 units per acre generally contemplated in the Urban category However,
the Urban category indicates that the base net density for residential uses may be increased
through "bonus options" or "bonus densities" within developed areas where utilities, artenals,
schools, and community facilities have already been established The project meets the
requirements for such "fill-in development" See Comprehensive Plan, Glossary, definition of
"fill-in development" The site is located between and in close proximity to at least two existing
developed geographic areas, having densities and land use which conform to their designahon
under the Comprehensive Plan The subject property is designated with.in the County's ILTGA
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 14
under the Growth Management Act The proJect is located within the Public Transit Benefit
Area designated by the Zoning Code, and public transit is available within 2 miles of the site at
Sprague Avenue and Evergreen Road The density of the proJect will increase the cost-
effectiveness of extending utilities and public services in the area, will create an urbanized
environment within the Urban category and Pnonty Sewer Service Area, and promotes publlc
sewenng Since the project will cater to the elderly, it will not impact the schools in the area
The project provides recreational facilities for rts residents, which mitigates its impact on County
parks in the area
Pnmary access to the site is along Evergreen Road, a Pnncipal Artenal, with secondary
access provided along Fourth Avenue, a Collector Artenal The subject property also borders a
100-foot wide county nght of way designated as a future Pnncipal Artenal Another Pnncipal
Artenal is located within 2 miles and a Minor Artenal is located withul a half mile The
project's location unplements the locational cntena for multifamily housing in the Urban
category, wh.ich recommends that such housing locate along or near the major artenal systems
rather than along local access roads The location also implements the intent of the UR-22 zone,
which contemplates the location of multifamily housing along a Pnncipal Artenal or Minor
Artenal See Comprehensive Plan, Glossary, defirutions of "Secondary Artenal", "Major
Artenal" and "Collector Artenal", Zoning Code 14 300 100, defirution of "Artenals-Pnncipal,
Minor and Collector", Zorung Code 14 710 140, and Spokane County Road Standards, Section
1 12, paragraph 2
As recommended by the Urban category, the project is located near public transit and
provides transihon between existing residential development and more intensely developed
areas Immediately north of the site is a 100-foot wide county nght of way planned for a major
artenal route The la.nd directly north of the nght of way is wrthin the MaJor Commercial
category of the Comprehensive Plan, is zoned B-3 and is developed with major commercial retail
uses As contemplated by the UR-22 zone for intensive multifamily development, the project is
located close to employment, shopping and the major transportation routes where movements of
people can be handled efficie-ntly and with least overall adverse impacts
The proposed height of the assisted living facility was one of the concems expressed by
property owners who testified at the public heanng and/or submitted letters for the record See
comments from Karen Cone, Sue Mathis, Neil Francom, Walter Johnson and others The record
indicates that the impacts of the project on the architectural character, residential character and
values, and single-fanuly amenities of the area were taken into consideration in the design of the
project It is noted that the westerly 165 feet of the site has already been approved for 34 units of
multi-family dwelling/retirement housing This would be at a net density of approximately 18 9
uruts per acre and a maximum height of 36 feet, and with pnncipal access off of Fourth Avenue
Only nine (9) units are currently proposed for this portion of the site, in three tnplex structures
that will not exceed two stones and 36 feet in height Each tnplex unit is to be served by a
single-car garage
The assisted living facility will have two three (3)-story portions, with a maximum height
not to exceed 45 feet See testunony of Roy Wyatt and Prokey Arger The Examiner has added
a condition of approval limiting the building height of the assisted living facility to 45 feet from
ground level The maximum building height in the UR-22 zone is 50 feet Zoning Code
14 622 335 While taller and denser than the tnplexes, the assisted living facility is onented
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 15
toward Evergreen Road and away from Fourth Avenue, will be set back 108/120 5 feet from the
dedicated nght of way/future acquisition area aiong Fourth Avenue, and will be set back 92 feet
from the dedicated nght of way along Evergreen Road Such extraordinary setbacks and the
increased widths of such road rights of way will significantly mitigate the view unpact of the
assisted living facility on the single-family residences located along the south side of Fourth
Avenue and the east side of Evergreen Road
The project is also intended to be an upscale retirement center with a residential type design
This includes substantial landscaped courtyard areas, residential style gables, groups of windows,
stucco/vinyUbnck siding, and a sloped roof with asphalt shingles, tile or similar residential type
matenal See testimony of Roy Wyatt and Prokey Arger The maximum building coverage for
the entire project proposed is only 26 which is substantially lower than the maximum building
coverage of 65 % allowed in the UR-22 zone, or the 50 % maximum building coverage allowed
in the UR-3 5 zone See Zorung Code 14 622 330 and 14 616 330 A sight-obscunng fence will
be constructed along the west properiy lines of the site, and along with required and optional
landscaping will provide additional buffenng along each boundary of the srte The record does
not indicate any opposition to the proposal from the owner of the vacant land west of the site
Another signlficant concern expressed by neighbonng property owners was the potenhal
impact of the project on traffic safety and capacity at the intersection of Fourth Avenue and
Evergreen Road, the need for a traffic signal at such location and the need for widening of
Evergreen Road pnor to build-out of the project Evergreen Road is currently controlled at
Fourth Avenue by stop signs that require motonsts heading eastbound or westbound on Fourth
Avenue to stop at Evergreen Road The record indicates that several traffic accidents have
occurred at this intersection over the past few years In response to these concerns, the applicant
submitted a traffic analysis prepared by a licensed traffic engineer analyzing the impact of the
project on traffic safety and capacity at the subJect intersection See Threshold Traffic Study for
Arger Retirement Center subrrutted on May 14, 1998 The traffic engineer preparuig the study
also testified at the public heanng See testimony of Ann Wuilcler The County's traffic
engineer also testified at the public heanng, and submitted wntten data on the subject
intersechon See testimony of Robert Brueggeman and Pat Harper, and letter dated Apnl 30,
1998 from Robert Brueggeman to the Heanng Examiner
The expert testimony subrrutted by the applicant's traffic engineer and County Engineenng
indicated that the accident rate at the Fourth and Evergreen intersection with the project would
not exceed accepted engineenng standards or traffic warrants, and did not compel either
signalization or additional traffic controls at such intersection The testimony indicated that
retirement housing only generates a fraction of the peak hour vehicular tnps as general
multifanuly housing The County's traffic engineer testified that if traffic warrants or the
accident frequency were later shown to exceed permissible levels, County Engineenng would
consider undertaking a project to make necessary traffic improvements at such intersection The
County has already adopted plans to widen Evergreen Road to a three-lane section adjacent to
and north of the site, and is trying to secwe funding for such improvement Such three-lane
section when constructed will enhance safety at such intersection, by providing a center turn lane
for storage of turning movements onto Evergreen Road, and facilitating traffic movements
tuming onto Fourth Avenue from Evergreen Road See testimony of Robert Brueggeman The
applicant is required to dedicate a substantial amount of nght of way along Evergreen Road to
the County, and to widen and unprove Fourth Avenue along the frontage of the site
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 16
Washington case law indicates that generalized statements from lay witnesses on issues such
as traffic safety and capacity should be used to deny or condition a land use application in the
face of contrary and competent expert opinion See Maranatha MininQ vs Pierce Countv, 59
Wn App 795, 802-806 (1990) Further, the County needs to demonstrate an "essential nexus"
between the requested road improvement requirement and a legitimate government interest, and
that "rough proportionality" exists between the improvement and the impact of the development
See SDarks v Douglas Countv, 127 Wn 2d 901 (1995), Dolan v Citv of Tiizard, 114 S Ct 2309,
129 L Ed 2d 304 (1994) The evidence submitted by neighbonng property owners established
only that a number of traffic accidents have occurred at the subject intersection over the past few
years, and that perhaps a larger number of accidents have occurred at the intersection dunng such
time penod than official accident statistics indicate Such factors brought to the attention of the
County's traffic engineer and applicant's consulting engineer, who testified that no further
conditions of approval were warranted Based on the evidence submitted, the Examiner can find
no legal basis to deny or further condihon the project based on traffic safety and capacity issues
In light of the above discussion, the Examiner concurs with the finding in the Staff Report
that the proposal generally conforms to the Comprehensive Plan
5 The nronosal. as conditioned. comolies with the Urban Residential-22 (UR-22) zone, the
Spokane Countv Zonine Code and annlicable land use reaulations
The applicant has requested 2 6 units of bonus density, based on the availabihty of public
sewer to the project Section 14 820 060 of the Zorung Code allows a bonus density of 3 5 uiuts
per acre for such factor Public sewer has been installed in proxmuty to the site, and the County
Uhlities Division has indicated that public sewer is available for connection See Staff Report, p
9, and County Utilihes Division condifions of approval dated 3-20-98 Previous discussion
supports approval of the changed condition application, including the request for bonus density
Even with the allowance of bonus density, a desirable living envuonment compatible with
surrounding land uses will be achieved The allowance for bonus density will not be detnmental
to the public health, safety and general welfare Approval of the bonus density request will
provide for economical, higher density housing in a location close to public sewer, which
housing will connect to the sewer at the tune of build-out
The project has been conditioned for compliance wrth the UR-22 zone and the County
Zorung Code The site plan of record uldicates certain deviations from the development
standards of the UR-22 zone and the conditions of approval The rear yard setback illustrated for
the tnplex in the southwest corner of the site is only five (5) feet, instead of the required 15 feet
The flanking street yard setback for such tnplex also needs to be increased to a distance of 25
feet from the future acquisition area adjacent to Fourth Avenue, instead of the 20 foot distance
shown See Zorung Code 14 622 325 It is also unclear from the site plan whether five (5) feet
of Type III landscaping is provided adjacent to the north and west property lines of the site
adjacent to UR-3 5 zoning, as required by the Zoning Code See Zoning Code 14 806 040 The
site plan also shows a 23-foot wide area along Evergreen Road for nght of way dedication and
future acquisition, whereas the conditions of approval require dedication of 25 feet of nght of
way along Evergreen Road with no future acquisrtion area
The Staff Report (p 4) indicates that 204 parking stalls are required on the site, including 11
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 17
stalls for guest parking, as opposed to the 147 stalls shown on the site plan of record This
finding is based on the off-street requirements specified in the Zoning Code for "multifamily
dwellings" of 1 5 spaces per dwelling units However, the Zoning Code reduces the parking
requirements for "retirementlelderly apartments" to one (1) space per dwelling uruts, with even
less stnngent requirements if a deed restnction if filed limiting development of the site to
retirementlelderly housing Parking requirements for a"convalescent home" are even lower, at
one space for every four (4) beds See Zoning Code 14 802 040 (2)(5) and (11)
Since the Exarniner has found that the project is most accurately considered as a
"retirementlelderly apartment" use under the Zoning Code, only one (1) off-street parlcing space
is required per dwelling unit Since 136 units are proposed, only 136 spaces are required under
Zoning Code 14 802 040 Zoning Code 14 622 340 requires that an additional 5% of the
requued number of parlang space be provided and labeled for guest parking, for all multifamily
projects, evenly dispersed throughout the development This translates to an additional seven (7)
spaces for guest parking, or a total of 143 parking spaces On this basis, the site plan of record
appears to provide more than enough total parking spaces
6 Conditions in the area have sufficientlv chaneed to iustifv the proposed chanize of conditions, as conditioned
In applying the changed circumstances test, courts have looked at a vanety of factors,
mcluding changed public opinion, changes in land use patterns in the area of the rezone proposal,
and changes on the property itself The Zomng Code references changes in "economic,
technological or land use conditions" as factors that will support a rezone Spokane County
Zomng Code Section 14 402 020 (2) Waslungton courts have not required a"strong" showing
of change The rule is flexible, and each case is to be judged on its own facts Bassant v Countv
Commissioners, 70 Wn App 389, 394 (1993) Recent cases have held that changed ~
cucumstances are not required for a rezone if the proposed rezone implements policies of a
comprehensive plan Bjarnson, at 846, Save Our Rural Env2ronment v Snohomish Countv, 99
Wn 2d 363, 370-371 (1983) -
Proof of changed circumstances ls obviously not requued for the portion of the site rezoned
to the UR-22 zone in 1980, since the 1980 rezone specifically contemplated the future submittal
of a site development plan for approval It is also doubtful whether the applicant needs to prove
a substantial change of cucumstances for the portion of the site rezoned to the UR-22 zone in
1996, since the appiicant is proposing a more mltigating development plan for such portion of
the site Any requuement that changed circumstances be shown for such porhon of the site
should be measured against conditions which existed at the time of the last zorung of the site
pnor to the 1996 rezone This would be at the latest January l, 1991, when the cross-over zoning
to the Zomng Code occurred, or at the earliest when the site was last zoned several years ago
under the now expired County Zomng Ordinance
Significant changed circumstances have occurred in the area since adoption of the Zoning
Code in 1986, and the 1991 cross-over zotung Such changes include increased population
growth in the area, intensive commercial development south of Sprague Avenue in the vicinity,
the widerung of Evergreen Road south of the srte, the extension of public sewer to the area, and
designation of the site within the County's IUGA
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 18
7 The t)rovosed chanee of conditions bears a substantial relationship to and is not
detnmental to the nublic health, safetv and Qeneral welfare
General consistency with a local government's comprehensive plan is relevant in determirung
whether a rezone bears a substantial relationship to the public welfare Bassani, at 396-98 The
Examiner has given appropnate weight to the views of neighbonng property owners, which
views may be given substantial weight but are not controlling Parkndge v Seattle, 89 Wn 2d
454 (1976) Such views must relate to the approval cntena for the rezone proposal being
considered, such as consistency with the Comprehensive Plan and applicable land use
regulations, environmental impacts, and specific impacts to the public health, safety and welfare
See Couear Mt Assocs v Kiniz Countv, 111 Wn 2d 752, 756 (1988)
As conditioned, the proposal generally conforms to the Comprehensive Plan The site is
adequately buffered from the nearby single-family neighborhood based on its design, location,
restncted heights, extraordinary setbacks, senior housing provisions, landscaping and screening
features As discussed previously, the project will be reasonably compatible with adjoining land
uses The proJect is conditioned for compliance with the recommendations of the vanous public
agencies, and is supported by adequate infrastructure The proJect will serve a demand in the
Valley area for quality senior housing
8 The chanee of condrtions nronosal comolies with the nrovisions of the State
Environmental Policv Act and the Countv's Local Environmental Ordinance
No public agencies objected to the Determination of Nonsigruficance (DNS) issued for the
proposal by the Division of Building and Planrung The proposal will not have more than a
moderate effect on the quality of the environment, and the Examiner concurs with issuance of the
DNS The procedural requirements of chapter 43 21 C RCW and chapter 11 10 of the Spokane
County Code have been met
III. DECISION
Based on the above Findings of Fact and Conclusions, the change of condstions application
for the development of 136 uruts of retirement multi-family dwelling units, including 15 units of
bonus density, are hereby approved, sub,Ject to the conditions of approval of public agencies
stated below Any conditions of such agencies wluch have been added or sigruficantly revised
by the Heanng Examiner are italccazed
Failure to comply with the conditions of tlus approval may result in revocation of this
approval by the Heanng Examiner This approval does not waive the applicant's obligation to
comply with all other requirements of other agencies with junsdiction over land development
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 19
SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING
1 All conditions imposed by the Hearing Examiner shall be binding on the "Applicant",
which term shall include the owner or owners of the property, heirs, assigns and successors
2 The zone change applies to the real property Those parcels being in Section 22, Township
25 North, Range 44 EWM, Spokane County, Washington descnbed as follows
Parcel 45221 9200 The west 165 feet of the east 495 feet of the NE '/4 of the NE '/4, south
of the CM ST P& P railroad nght of way EXCEPT the south 20 feet and EXCEPT the north
290 68 feet more or less
Parce145331 9111 The east 330 feet of the NE '/4 of the NE '/4, south of the railroad
EXCEPT the north 100 feet and EXCEPT the east 30 feet
Parcel 45221 9112 The north 100 feet of the west 300 feet of the east 330 feet of the NE
1/4 of the NE '/4 lying south of the CM ST P& P railroad nght of way
Parce145221 9217 That portion of the NE '/4 of the NE '/4 descnbed as follows
Begiruung at a point on the southerly nght of way line of the abandoned L M& ST P railroad
nght of way 329 75 feet west of the east section line, thence southerly 291 23 feet, thence
westerly 164 96 feet, thence northerly 290 68 feet, thence easterly along said nght of way line to
the point of beguuning, EXCEPT the north 105 feet
3 The proposal shall comply with the Urban Residential-22 (UR-22) zone, as amended
4 The applicant shall develop the subject property in conformance with the srte plan of record
submztted to`the Diviscon of Building and Planning on May 21, 1998 and presented to the
Heanng Examiner on June 12, 1998 All aspects of the concept and proposal shall be binding on
the developmeat, including proposed use Vanations, to be approved by the Director of the
Division of Building and Planning/designee, shall only be allowed to meet regulation standards
and conditions of approval, or Iffound to be manor in nature under the crzterta listed in Sectzon
14 504 040 of the Zoning Code as amended, and the variatzon is not contrary to the adopted
findangs and cor:dztions Any other modification must be presented to the Heanrig Examiner for
review and approval Note The site plan of record currently shows discrepancces from requared
setbacks and landscaping, and from conditcons of approval regarding dedication of land, future
acqutsttton area and maximum building height
5 Approval is required by the Director of the Division of Bullding and Plannung/designee of a
specific lighting and signing plan for the descnbed property pnor to the release of any building
permits
6 Direct light from any extenor area lighting fixture shall not extend over the property
boundary
7 A specific landscape plan, planting schedule and provisions for maintenance acceptable to
the Director of the Division of Building and Planning/designee shall be submitted with a
performance bond or other suitable guarantee for the project or other suitable guarantee pnor to
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 20
r
.
release of building permits Landscaping shall be installed and maintained so that sight distance
at access points is not obscured or impaired
8 The Spokane County Division of Building and Planning shall prepare and record with the
County Audrtor a Trtle Notice specifying a future land acquisition area for road nght-of-way and
utilrties The reserved future acquisition area Title Notice shall be released, in full or in part, by
the Division of Building and Planning The notice should be recorded within the same time
frame as an appeal and shall provide the following
a At least 12 5 feet of reserved future acquisition area for road nght-of-way and
utilities, in addition to the existmg and/or newly dedicated nght-of-way along 4`" Avenue
NOTE The County Engineer has required 25 feet of new dedication on Evergreen Road,
2 5 feet of new dedicahon on 4`'' Avenue and the dedicahon of the applicable radius on
Evergreen Road and 4' Avenue
b Future building and other setbacks requued by the Spokane County Zoning Code
shall be measured from the reserved future acquisition area
c No requu-ed landscaping, parking, '208' areas, drainfield or allowed signs should be
located within the future acquisition area for road nght-of-way and utilrties If any of the
above improvements are made wrthin this area, they shall be relocated at the applicant's
expense when roadway improvements are made
,
d The future acquisition area, until acquued, shall be pnvate property and may be used
as allowed in the zone, except that any improvements (such as landscaping, parking,
surface drainage, drainfield, signs or others) shall be considered intenm uses
e The property owner shall be responsible for relocanng such "intenm" improvements
at the tune Spokane County makes roadway unprovements after acquinng said future
acquisition area
9 The Division of Building and Planning shall prepare and record with the Spokane County
Auditor a Title Nohce noting that the site is subject to a vanety of special condinons imposed as
a result of approval of a land use action Tlus Title Notice shall serve as public nonce of the
conditions of approval affecring the site The Title Notice should be recorded within the same
hme frame as allowed for an appeal and shall only be released, in full or in part, by the Division
of Building and Planrung The Title Notice shall generally provide as follows
The parcel of property legally described as is the subject of a land use
action by the Spokane Couaty Hearing Exam►ner or Administrative Official on August 25,
1998, imposing a variety of special development conditions. File Nos. ZE-88A-80 and ZE-
36A-96 are available for inspection and copying in the Spokane County Division of
Building and Planning.
10 The applicant shall apply for and receive approval of a Certificate of Exemption for a
minor lot line adjustment to aggregate the subject tax parcels into a single tax parcel If the
properties are not aggregated, then the appropnate land division approvals shall be obtained for
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 21
`
each tax parcel consistent with RCW 58 17, the Spokane County Subdivision Ordinance and all
other applicable local, state and federal ordinances and development regulations, as amended
11 Any division of the subject property for the purposes of creating additional lots/parcels
shall be reviewed by the Director of the Division of Building and Planning/designee for
compliance with the Spokane County Subdivision Ordinance and all other applicable local, state
and federal ordinances and development regulations, as amended
12 A filed aviation easement satisfactory to the Spokane International Airport Board, Fairchild
Air Force Base and/or other air traffic control agency shall be provided pnor to the Division of
Building and Planning sign-off on a building permrt
13 Building height shall be limited to a maximum of 35 feet for the west 165 feet of the
subject property, and a maximum of 45 feet for the easterly 305 feet of the subject property
14 The applicant shall contact the Division of Building and Planrung at the earliest stage
possible in order to be informed of code requirements administered/enforced and authonzed by
the State Building Code Act Design and development concerns include addressing, pnmary
and fire apparatus access roads, fire hydrant/flow, approved water systems, building accessibility,
construction type, occupancy classification, exrting, extenor wall protection, and energy code
requirements (NOTE The Division of Building and Planrung reserves the nght to confirm the
actual address at the hme of buildmg permrt )
15 The project shall be conscdered as a"retirement/elderly apartments " use for the purpose
of determining off-street and guest parkzng requirements under the Spokane County Zontng
Code
16 The approval of bonus density for the project is subject to hook-up to public sewer, as
conditconed
17 If the applicant elects not to develop the project in conformance with the site plan of
record, the applicant may develop the westerly 165feet of the site in accordance witlz the
Hearing Examcner Findings of Fact, Conclusrons and Decasion dated 12-17-98, in Buildzng and
Plannang Fale No ZE-36-96, as revised by Hearang Ezamcner Order Correcting Clertcal Error
zn Decision dated 12-18-96, in File No ZE-36-96 In such event, approval of the current change
of conditaon appltcatton, bonus density request and site plan of record shall be considered null
and void
SPOKANE COUNTY DIVTSION OF ENGINEERING AND ROADS
Pnor to issuance of a bwlding permrt, or at the request of the County Englneer in conjunction
with a County Road ProjectlRoad Improvement Distnct, whichever comes first, the following
condctions shall be met
1 The applicant shall dedicate to the County for right of way 25 feet on Evergreen Road, 2 5
feet on Fourth Avenue and the applicable radius on Evergreen Road and Fourth Avenue
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 22
. ~
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Pnor to the release of a building permit or use of the property as proposed
2 Access permits for approaches to the County Road System shall be obtamed from the
County Engineer
3 The applicant shall subnut road, drainage and access plans for approval by the Spokane
County Engineer
4 A parking plan and traffic circulation plan shall be submitted and approved by the Spokane
County Engineer The design, location and arrangement of parking stalls shall be in accordance
wrth standard engineenng prachces Paving or surfacing as approved by the County Engineer is
required for any portion of the project which is to be occupied or traveled by velucles
5 The construction of the roadway improvements stated herein shall be accomplished as
approved by the Spokane County Engmeer
6 The County Engineer has designated a Coliector Artenal Roadway Section for the
improvement of Fourth Avenue which is adjacent to the proposed development This will
require the addition of approxunately 8 5 feet of asphalt along the frontage of the development
Curbing and sidewalk must also be constructed
7 All required improvements shall conform to the current State of Washington Standard
Specifications for Road and Bndge construchon and other applicable county standards and/or
adopted resolutions pertaining to Road Standards and Stormwater Management in effect at the
date of construction, unless otherwise approved by the County Engineer
8 The applicant shall construct a paved and delineated approach to meet the existing
pavement on Evergreen Road ~
9 Roadway standards, typical roadway sections and drainage plan requirements are specaed
in Spokane County Resolution No 95-0498 as amended and are applicable to this proposal
10 Construction work shall not be performed within the existing or proposed nght of way until
a pernut has been issued by the County Engineer All work witlun the public road nght of way is
subject to inspecrion and approval by the County Engineer
11 All required construction within the existing or proposed public nght of way shall be
completed pnor to the release of a building permit, or a bond in an amount estimated by the
County Engineer to cover the cost of construction or improvements shall be filed with the
County Engineer
12 The County Artenal Road plan identifies Fourth Avenue as a 70-foot wide Collector
Artenal The existing nght of way width of 20 feet from centerline is not consistent with that
specified in The Plan In order to implement the Artenal Road Plan rt is recommended that in
addrtion to the required nght of way dedicahon, a stnp of property 12 5 in width along the Fourth
Avenue frontage be set aside in reserve This property may be acquired by Spokane County at
the time when Artenal Improvements are made to Fourth Avenue
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 23
.
13 The applicant is advised that there may exist utilities either underground or overhead
affecting the applicants property, including property to be dedicated or set aside future
acquisition Spokane County will assume no fnancial obllgation for adjustments or relocation
regarding these utilities The applicant should check with the applicable utiIities and Spokane
County Engineer to determine whether the applicant or utility is responsible for adjustment or
relocation costs and to make arrangements for any necessary work
14 The applicant shall grant applicable border easements adjacent to Spokane County nght of
way per Spokane County Standards
SPOKANE COUNTY DIVISION OF UTILITIES
1 A wet (live) sewer connection to the area-wide Public Sewer System is to be constructed
A sewer connection permit is required
2 The applicant shall submit expressly to the Utilities Division, "under separate cover",
only those plan sheets showing sewer plans and specifications for Public Sewer Connections and
Facilities for review and approval by the Uhlities Division pnor to finalization of the project
and/or issuance of a permit to connect The plans shall be submitted pnor to the issuance of the
sewer connechon pennit
3 Secunty shall be deposited with the Utilities Division for construction of public sewer
connections and facilities pnor to the finalization of the project andlor the issuance of the permit
to connect to the public sewer system
4 Arrangements for payments of applicable sewer charges must be made pnor to issuance
of a sewer connectlon permrt
4 Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended
5 Water Resources Sectton The final drarnage plans submttted shall indicate the locataon
of all grassed znfiltrahon area (GPA) swales
SPOKANE REGIONAL HEALTH DISTRICT
1 Tlze sewage disposal method shall be as authonzed by the Director of Utilities, Spokane
County
2 Water service shall be coordinated through the Director of Utilities, Spokane County
3 Water service shall be by an existing public water supply, when approved by the
Regional Engtneer (Spokane), State Department of Health
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 24
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4 A public sewer system shall be made available for the project, and individual service
provided to each building The use of individual on-site sewage disposal systems will not be
authonzed
5 The use of pnvate wells and water systems is prohlbited
SPOKANE COUNTY FIRE DISTRICT NO. 1
1 Fire access shall be addressed at the time of deslgn review
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1 All applicable air pollution regulations must be met
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 25
DATED this 25" day of August, 1998
SPOKANE COUNTY HEA.RING EXAMINER
r Michdel C Dempsey, WSBA #8235c/ ~
NOTICE OF FINAL DECISION AND NOTICE OF RiGHT TO APPEAL
Pursuant to Spokane County Resolution No 96-0171, the decision of the Heanng Examiner
on an application for a change of condihons application is final and conclusive unless within
twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with standing
files a land use petition in supenor court pursuant to chapter 36 70C RCW Pursuant to chapter
36 70C RCW, the date of issuance of the Heanng Examiner's decision is three days after rt is
mailed
This Decision was mailed by Certified Mail to the Applicant on August 25, 1998 The date of
issuance of the Hearing Examiner's decision is therefore August 28, 1998 THE LAST DAY FOR
APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS
SEPTEMBER 18, 1998.
- The complete record in this matter, including this deciston, is on file dunng the appeal penod
with the Office of the Heanng Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washuigton, 99260-0245, (509) 324-3490 The file may be inspected
dunng normal working hours, listed as Monday - Fnday of each week, except holidays, between the
hours of 8 00 a m and 4 30 p m Copies of the documents in the record wlll be made available at
the cost set by Spokane County Ordinance _
HE Findings, Conclusions and Decision ZE-88A-80/ZE-36A-96 Page 26
~
• ('ancrlcd E=ile ENGINEER';~ REVEW SHEET
Uute Filuci
Datr As Built Plasn Rrcrivcd
nate R%-ad Plani Approvcd REZONE FILE # ZE-0088A-80 -~a
New Road sranctards 5-15-95 Mylar p:
~ 7~ ~ ~Z^ ~ (~j Companian Fitr
~
liearing Date 04E3V 1998 H T'ime: 01:30 14 Numker: 3 Relatecl File ll: 7.E4Q08-80C
Trcfinical R~.wicw Date: i I/20/1997 TR Tiaic: 02:15 Building Iept
Revirw Date: R Time: R Number: TECH REVIEW #
DBIe Recciv«!: 11 ,12i 199? hrview T l.ar~;e i_~,, gidg. Scryare Fert:
YP~ ~
Na. Lot 96 No. Acre 4
Prc. jecc Naiiie: COC GA TO UR-22 208 r1tiU LA\DSC:1P1\C Range-Tuwnghip-Scction: 44_ 25 _22
Site Address: N 41I41 W EVERGRELTifS PARCEL(S): (fir5t 24)
:lpplicant Name: FTNCH. GREGORY G Ptwne tl: (509) 926-53I1 832=1-9111 452-11.911:
:1prlicant :\ddress: 300 N l4tULLAN RD STE 2(}4 1'honc 2# (509) 924-62$2
SPQK:INE. NVA 99200
- Ilatr i':rftJit,,,u5 Maila1.
Flood 'Lconc Ni.i Wat_r "I tiC«er tichnul 356 Fi re ! Phone
Biliing ,%.RLIEk. C;ItL'GURY OH•ucr: FiNCH. GP 8 11i) Engirttcrr ROY L tt'YATT
Addres:: 30() V MLI1.,L,1r Address 4323 S EVERCREEV RD Cotttpany WYATT ARCHiTECTS & ASSOC
SPOKANL-, WA 94206 VEltADAi.E, WA 99037 Address: 2510 N PINGS RD
SF'OKA,\E WA 99216
I'ltoitt: t;5091 926-53I 1 Phork: i5M) 923-5172 Yhorte: 5N•928-1860
Fa.s: 509•928•1545
tiigncd hatne GREc;OkY c; AkC;E:R
Ituilding 1l 456-3675 / Planniq # 456-2205 Contact: FRANCINL SHA1~~'
I)nte Suhmittrd 1?esct~ ltii!
01,119,11998 DATE TECHTIIC.4LI.Y COv1PLE'FE 1'Fraftic Aiui!ysi.s ItLtluired]
11120/1997 DA'I'E NUT'I'ECHNICALLY CONiPLE"I"E
1 i1t34/1997 DATE PAY FEES RE:CCIVED
DATE E'RIOItfi"Y f-EE•S RECEIVED COPY TO ACCOUNTING
C'INAL PLAT FEES CON'tPLETED Ah'D C4PY TO ACCOu'iVTING
l NOTIGE TO PUIII_IC / NOTICE 7U PUIILIC # 1 3 A 6 COMPLETCD • OR NEEDS 'f0 BL' SIGNED
Icti•c3u: or 1 Irt-(ur Y2 in Ch:r A3
DL-SIGN DEVLATION DATCS IN-OU'T
In (iu nI In•ch:t n~ ln-Out :b
B0ND QUANTITCES FOR DRAINAGE ITEM CAI.CULATED I
DATI: BOND RECEIVTD BOND AMOUNT RECEIVED
n:t"1'E~ LtnND RELEASE - DATE BOND RL-DUCCD BOh'D f3ikL.Ah'CL-:
Heuring U;siz Dt,:mun rlpF)ru,-«( DeutcJ Conul,ur:l APp.aIcd IiC'C Al4imv:ra DcruCCl
Apix:ded w Court Approvcd Deoied Contirwrri Final ('rojcct Status
ST'AN4PED h1YLARS 1'O PERMIT TECI-INICIAN (SYL) ~
~ STAMPED'C►8 [_OTf'I.:1N5 TO SFCRETARY (5AND1')
I
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~
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, . .
Cancclcd File ENGINEER' S-REVIEWFSHEE'I'
Date Filai
Date As Built Plans Rcceivcd
Date RaaW Plans Appmved TR REZpNE FILE # ZE-0088A-80 -S4
New RcW StxndArds 5-15-95 Mylar 0:
Companion Fite
Hearing Date: H Time: H Numk-r: RClateci File ZE-008-80C
Z'ectuucal Rev;ew Dace: 11(2011997 TR Time: 02:15 Building DeQt M:
Revicw Datc: R Time: R Number: 'i'ECH REYIEW If
Date Received: 11/12/1997 Review Type: LarSC Lot - Bidg. Squaro Feet:
No. Acre 4
No. Lot 96
Project Name: COC GA TO t,R-22 208 AND LANDSCAPING , Range-Tawnship-Seccan: 44- zs - u
Site Address: N 4TH/ W EVERGREEN/S PAtCEI.(5): (first 20)
Applicanc Name: FrINCII. GREGORY G Phonc (509) 926-5311 45221.9111 45221.9112
Applicant Addrtss: 300 N MULLAN RD STE 204 Phonc 2AE (509) 924-6282
SPOKAIJE, WA 99206
Date Conditions Mailcd:
F{ood Zczne No Water .4 Stwer Schooi 356 Fire ~ Pttone
Billing Owncr: FINCN. GP dc NU Engineer
Address: Addrecs 4323 S EVERGREEN Rn Company
VfiRADALE. WA 99037 Acltlres.ti:
Phone: Ah()nt:: iSM 928-5172 Phone•
I=ax:
Signc.~ Name
Building # 456-3675 / Ylanning # 455-2205 Contact: f=RANCINE SHAW
~ I~fa Cuhn+iftad ~ ~M+'~~, , ~
DATE TECHNICALLY COMPLCTE
? DATE NOT 'FECHMCALLY COMPLE'fE
DATE PAY FEES RECCNED
~DATE PRIORITY FEFS RECEIVED COPY TO ACCOUNTINO" f-
FINAL PLAT FEES COMPLETED AND COPY TO ACCOUNTING
NOTICE TO PUBLiC / NOT(CE TO PUBLIC # l 3 4 6 COMPLETED - OR NCEDS TO BE SIGNED
~n-a,c A►1 !n•out A2 la-0ut r3
DESIGN DEVIATION DATES IN-OUT
ln-(iut A4 in-L)uc #5 to-out 06
i i BOND QUANTITIF:.S FOR DRAINAGE ITEItii CALCULATED
DATE BON"D RCCF..iVF1D BOND AMOUNT RECL-IVEn
DATT: ROti`D REI.EASF - DATE I30ND RLnUCFD AOND IiAI_ ANCE
Hearing Date Decisinn Approved ikntecl Curuinurd Appcaled BCC Approved Deniui
Appealed ro Ccwrt Approvecl Ikn►ed Cnntinual Finxl Pmjeet Stxtus
STAM.PED MYLA.RS TO PERMI"f TECI3NICIAN (SYL)
STAMPED 208 LOT PLANS TO SECRETA.RY (SANDI)
~
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Y .
r* :
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• S
S P O K A N E
OFFICE OF THE HEART\TC EXAM1NER MICHAEL C DEyiPSEY, CHIEF EXAMI\ER
May 12, 1998
Gregory Arjer, 300 North Mullan Road, Suite 204, Spokane, WA 99206-6806
David and Susan Scott, P. 0. Box 183, Veradale, WA 99037
Neil Francom, 404 South Evergreen Road, Spokane, WA 99216
Denny and Peggy Lapikas, 13823 East 5" Court, Spokane, WA 99216
Karen Cone, 13624 East 3dAvenue, Spokane, WA 99216
Albert and Eileen Tams, 13604 East 4`'' Avenue, Spokane, WA 99216
Phil Bruni, 311 South Evergreen, Spokane, WA 99216
Walter and 1Vlargaret Johnson, 13907 East 4' Avenue, Spokane, WA 99216 '
Lynette $ailey, 13306 East 6`'' Avenue, Spokane, WA 99216 .
Sue Mathis, 13614 East 3' Avenue, Spokane, WA 99216
Jim Scott, 2312 South Bolivar, Veradale, WA 99037 ~
RE: ZE-36A-96, ZE-88A-80
Dear Parties of Record:
I know you are probably getting tired of receiving letters on the above item.
However, please be advised that I have decided to hold a continued hearing on a revised
site plan for a 136-unit retirement project and traffic analys2s by a licensed professional
engineer retained by the applicant, to be held on Fridav, June 12. 1998, commencina at
9:00 a m., in the Commissioner's Hearing Room, Lower Level, Public Works Buildin~,
1026 West Broad~vay, Spokane.
Please see Gregory Aa-ger's letter to me dated May 11, 1998, regarding the
submittal of a revised site plan and traffic report. I will ~ive Mr. Arger until Monday,
May 18 to submit these documents, which should then be available for your perusal. The
County planner assigned to this matter, Francine Shaw, has advised me that the revisions
to the site plan are expected to be minor in nature. I anticipate the focus of the hearincr
will be on the changes to the existincr site plan, buildtng height and density, and traffic
impacts. I would ask the County Traffic Engineer to attend the continued hearing, if at all
possible.
Tr iiiii) FLoorz Pu13uc WoaKs BuILDiNc
1026 Wcsr 8►ionDWnN Av[.NuE, SroKnNE, Wnstii,vcTON 99260-0245
PHtoNe (509) 324-3490 • Fn\. (509) 324-3478 • TDD (509) 324-;166
Notice of Public Hearing ~
ZE-36A-96/ZE-88A-80
May 12, 1998
Page 2
This is the only notice of public hearing you tivill receive. If you have any
written comments to submit, please send them to the Division of Building and Planning,
151 Floor, 1026 West Broadway, Spokane, WA, 99260-0050, Attention: Francine Shaw.
Your comments should reference the fiie numbers for the praject. If you have any
questions about the proposed revisions after their submittal, please contact Francine Sha,,v
at (509) 324-3218.
Very truly yours,
. ~a 72f
Michaei C. Dempsey
• Hearing Examiner
Enclosure
.
c Francine Shaw, Division of Building and Planning
Scott Engelhard and Bob Bruegjeman, Division of En9ineeri.nly and Roads
• a~8 3 20-7-; FPO► ~ P 2
,
G. ARGER CO. RE.AL ~STATEs INC.
,
:;CO N Mvlla ri Rcl Suite 204 • SQcl;ar,e. 4t,'A 910206-6806 •(SGS) 926,5311
CenterPo;nte Btisiness Park
FAJ: (509) 527-4823
'Y1ay 11, 1938
?v~.r Nlichael C. D..,psey .
Chief Hearing Examiner
Sp-0I(aric Cour.ry
1026 W. BroadwaN Ave.
SpcNkane, WA 99260
' R.E: F1le Nox. ZE-36 a-96, Zr-8RA-80
Dear 4rlike:
Pursualat to yoLT k-tt--r dated May 7, 1998.
A) W-c fird gglair.iess confl:ci and wart yeu to conbnu~ ~~earing (2ur 7oning act.on. '
B) We are ob:zged ta subrnit to thp Spokzzze Coui-ity Plzr-ning Dept_ a rzViFC, 'tA ola~ for a
13)e urtzt re;iremcnt projeci ar:d a traffi-ic s~ U.dv re-norr by a)icense4 prcfessionali eilcireer
no later thar, Frid2y, IvIay 15, 1998 to help exDed.ite the earii,-st hewring aate possiblC. ? i
th~ hearins we w~ jl acdress tne c,oncer.~s 2na speeihes of ou: Fzojeri and a.;,.ver any
questions. TharLti you for your coiisideratiorl.
' ?
ycLrs.
,
t\JregorY • - ger j
B;oker - P;esider_t
"g Resourceful Coxr.pany"
CrJ"'itV►=..'tClr\L • DEVE! GPMEIN?' • LE.ASING - FESIDE1`:TIAL ° hPFRi+;SAl • YRvPit7 TYs4tiAt`IA, :C~sEli"
FPvMI F 1
i ~
1 ~ (9 ~ G. ARGE R CO. REAL ESTATE, I NC.
'~~1 300 N. Mui;an Rd, Sutte 204 - Spokane, wA 99206-6806 •(509) 92E531 1
' • CentrrPninte 8usiness Park
FAX (509) 927-4823
F~X TR-ANsMlSsIoN eOVEu x~AGE
TO. Fr•anc ine Shaw DATE MQv 11. 1,9 8
Smkane r.caxtety~4'~) n i rzn TIME 4.:.]1~.~,
Ft'ZO`1 i'AX NO.
NO OF P.ACFS (Inciuding Cover Page) 1
RE File No. ZE-36A-56, ZE-88A-84
Frznc ine, fot lowinq please f ic-id a copy of a letter faxed to Mike
Denps ey t oday rega rdi ng the above z on i r,g f i! es .
"A Resourceful Cornpany"
Co?M,'4ERC1AL • DEVEL'JPMEy -1 a LcASING + RESiDFNTIriL • APPRAISAL 9 F'ROPERTI' MAHAJENIENT
998 3- 20=" FPu" 1 P 2
t
' • < < ~ ~
G. ARGER CO. REAL ES~',►,°~"Es INC.
:;CO N. Mullan r2d.. Suite 204 - Spcl;zr;e, tit`A 99'206-6306 • (15GS) 926-531 !
CenterPoir.te Business Park
FAY, (509) 9274823
'vZay 11, 1998
rvir. Iv1ich3el C. Derzfpsey
Chief ~-~'iearing E-xaminer
SpoIcane Cour.ty
1026 W. 3roadwav Ave.
.
Spcil,ane, WA 99260
RE: Fi1e No:c. zE-36A-96, ZE-88A-80 -
Dear ?viike:
Puzsuant to yot:r l%-Iiter dated'_Jtay 7, 1998.
A} W-z ind Infair*rness con~Z~ct arld want you i0 COYitlIItle FjPal7Clg Ollr 7.Orilrig 3cUOn.
B j We are obliged to submit to the Spokzrie County Ptzr-riing Dc-Ft. a revicqd, ~.l,~, P'-~.ri for a
136 unit retuement project ar.d a traffi,- srudy-re0orr by a licensed professional engineer
no later than Fnday, MQy 15, 1998 to relp expedite the eariiest hearing Sate possible. At
th-, hearing we wzll add-ress the concer.is and speeifics of ou: pzoject and &nswer any
questions.
Thz.nk you for youx cousideration.
Ver: ycurs,
~
r
~
1\JrPgory
Breker - Preside::t
"A► Resourceful Company"
cQ";MERC;AL • DEVELGpMENT • LEAS1nG @ FESIDENT[AL - l\PPRA35AL • t'ROPE2TY MANAGEr1EyT
5-1 1-1 a~a8 12. 5; PM P. ?
~ t
a ~G. ~►~ZGER CO. REA~.. ES~'A~'Eq Ii~C.
' m 300 ri Mullan RT, Swte 204 • Spokanc, \VA 49206-6800' •(509) 925 531 I
• • Centtr?omte 6us►n:ss p$rk
. FAX (509) 927-4823
FAX TRANSMISSION COVEII PAGE
'I Q Fr2nciae ShacY 'DATi: May 11, I99$
Snokane Cvur.ty Planr►int 'rlNA E 1:55 p.
TROUI. vregory ArRer FAX Nv 436-2243
NU. GF PAGE-S (Incsuding C~Over Pagc) 3 .
~
1ZE' ZEJ--36A-:+6, ZE-63A-80
Fo? lowing find a Cvpti of 14. 504.040 of the Zoniag Cade provi.ded to me b;•
Mil;e DAnpsey in his latter o: *tay 7.
-
Please ca'_1 to discuss.
"A Resourceful Company"
~-1 1-- 10-98 12 58Dm FF-Ot! P~
. . , --y,
ChaFter l-! 504
ADA'I~~ST&L4TI~ET).. rL'~,ION
~ecb2m ~MIXA_000 hYte,cp,rer.at3vn af Zar~ng Text
14504.020 Interpretabon of Zonmg Niag vr Ax-teriap)1Ro$4 -Map
14.%A 040r Irktexpxetation vf Zort,~.~g cfzstge. ArterW/ Road Change ar Co-n,ditiorml L.'se ate
Developmert Pi= cmd/or Conditiom
14.504.060 Administyative tccepL~
'14.504.0N Intrrvretatian af Zorting Tcx#
in interp: etixg a,~xc€ apply~g Ll-ke provrsians af khis Code, the provisians I~er~is± sliAl b~ ~le. to be
niinrmu.nt n,,quirejments fo-r the pzovnotion af fhe public hea1tl% salFety sszd genera1 wel.fare.
FZeques~.s ta tle Deg4rk~nent for r~ings aa~df or ~terpretatio~ as ~,c m~er,xiirtg. ;sttent Qr grover
genera3 apphcaticxm of ffie provisions af the Code and impacts af applir.aboz-s of the Code tn
develvpmertt and use cf 14nd or stx-jctures shall be made in written foimi by anv w-temTed dtizen 0r
pub1ic oflficutl. The Directcr sI~ wbvut a zuling or Yn#erpretaborr in wz-iting a.nd in a li~~ly Fasluon
mthe gersvm submilting tl:e reques#, Such mttrpretatiors nre appea1able u.-~der khe prvvisioas of
Secti.oa~ 14.412.047. Tlw Depar'tment s1uW maartta.m a publc tile of a?I writter. r~.~,gs and
intespretaho=,
~4544.420
intrrpretaticn of Zarrint Mar? or AfteriallRaad NIim
, A rejuest for intergrekation of uzorting axap or arLer~a1/rond atap by k.* Department with respect to
the lomtion of any bo=darv tine betweean zvraa,ng dassi9ca!!vns or sgesifks of the art:ft-W/rvad by
any intexested ci.tLzen vr pulbiic v.[fioal musi be a1acie in writing, A detexm.inatiaz~ sh&H be znade by ]
t~T'e Oi..-Ktor, and tbe ruiing or interpre~t.a#ian shan b$ 5ul7UIi#te4 in writirig tv the ge=vn sv~a7atting
the req•aest 5uch isiterprvtatiom a: rulngs are aggealabie under the prcvisfom of Sechon
14Ai2.041. t .
~ead Charngr or Cnndit3ona1 I.Tae sitC ~
14,5O4.06.0 Inl~mrrtxtion of Ton.vt~ Chartgjr Astcn
DcVelov:artxt 171ans ancyar ~c_jir3itioru `~`p~'4~~J ~']~o ~ } G~`~~~•~,~`~~
T#~e [oLowu,s alter~~ans ar add.i~c~r~s to t1+~ a roved szte sieVe~o.aleot pl=-Ls forzone
assiB cationsr artexkl,/raad chaLnge oz conda'~fi-al us~'-Per=ts are deemed to be mirror in ratuLe
recl
itnd May 6e agpzoved adaudrii-jt,xatively by the De~*~, mtmeit zf thr chn .°~ges are nat contrary to the
~
ctdogte(i find.irp =d cvnditiors:
1. Ad&tigrs to 1~u,il.dwp, provided tbat tjie t-ir-ease in tbor axea is ia~s tl-aan ten pmrcent (I0%) oF
the tvtal Dcor AreA of aM I►uildirtp on the aggroved site develvgment pl= aswd tT~e addition(s)
does not exceed aHowable deasibes of th+e underlying zone or requirements gove..*ning budding
czvere ge; amd f or
2.. Mixtivr adjustznents to b"ciin g or str,scme 16=hons, provided that the aerisity crr fteex5ity of
use ss nat iricreAsed asd does not siSrvficanUy affec# adjacexit e:ses,• a.nd Jor
3. C2=nges in par3dng arees, pz-avided r.hat adopted regulations and condftiors am met; and f or
4. Mad.ificrttiom in lands-mpe plnrs, gmvided tl,at xequired gercetttages of I=ciscap%ng or vpen
spa-r-e ne nct reduced be].aw tbose prestribed xn thss Cade or as approv,~~ by the He&ris~g Body:
SL3d/bP
5, Cumges in rrse f~~ a zone recU.sstfscatioi, provided that doc=entaUvn is subinitted that cbe
impaC4 amLi irtterLsity of the pmposed u-w are equai ta ar less in ramre d= the oaigzrza7ly
apFmved use vr the surroumci.ing Land use a-s determined by tl~e Zoning Administrator.
6, The cluutge meets tI-re gmpcrse oE ArterW/Road Dverlay text =d map es►d the C'a=ty Fx,gLneex
irdicates the &=ge(s) wiU mee: raadwaty des:gn and comtrsacUox~ Ntamdar& rmd will nvt
diatin«b the fLxnction of khe existLng or futvuv ro4dway.
Chnpter 14-5k4 Zxrirtg Cade
~1+++~ Fe+~ •~.rC w~r~+ 1QCK P A rYa rti f~'rnn;c n ttia i'"'f'4t -jrFt-v
5` ] 1_ IL T{r-~[ a 1' ~~ll pn4 1
~
r
C~= &-c s :o tt ppro ved xi!e dcvelopment pl.a.,s other a-►an L~Iose 15te d al>o vc r~q=.ti.*z ap-Ltb3ic
Ee,~,.ring 15-cxoxe Q~te Heciing Body. Ary persun aggrieved by an inxerp. etation regard,irzg the five (5) .
rmcLim ts;2nces lis ted alaave m ny $PPoad w~d intierprL- ta t:jon to the He~~ 'Bo dy under Secticrn
14412.041.
A~mistish-&Fivc
Tlip Srant;z:g ar denying of a.,n admandstrcitvc excfpUa:~ pw-suant to C7~Lapter 14.505 is arr
a&=.ax%;.str~~vF., determwmstion subjecd tv appeals as spec~ied i~-t Secbort 14.412 041.
.
w
~
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C't~pLer 143U zarc..-~s Code
Prr.n#.,Bd: M&r& 1996 Puge 44 af ~~A.-une count-Y
i
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. ~ . ~
OrrfCE OF TF-IE Hi7ARI,,G E}CANIINEC{ M1CHAEL C ❑E4i1'SEY, CFir~~ ]EXAMaNFR
May 7, 1998
Axger Capltal Carporation
c/o ~'rregory Asger
300 North Mullan Road, Suite 204 `
Spokane, WA 9920646806
RE. File Nas. ZEw36A-96, ZE-SSA-80
Dear Applicant:
Please find enclosed copies of #ive letters I received fram neiglibonna, proper#y awners
regarding your proposal to convert the current project in the above files ta a retiTement
praject. As you Can see, there is some interest in this alternative, althaugh there ar~
~ontinued reservatIOns recrardincy traffic Impacts, densazy and building heights.
.
I have afew concerns with praceeding on the retirerrient project altemative. One, I do not
know whaf the design of such project would lae cornpared to the design of #he oTiginal
praposal. If the design of the retirement project would hasica~ly constitute a major
alteratian ar addition to the current site plan under Section 14.504.040 of the Zaninc,
Code (copy enclosed), a new application would likely be required. This would
particularly be tk~e case conside~ing opponents ofthe oxi~na~ pro~}e~t have reservations :
re~axdir~g tl~ae retirement praj ect alt~ernative_
The second concern has to do with an appearance of faimess issue in my deciding this ~
case, cansidennc, my disclcsure of a previous accident at 4" and Evergreon. I frankly did
not feel thls ❑ecurrence barc mentianin; until additiona] irLformation carne out regarding
a recent, senous accident at the same interser-tian. If you have concems that I carinot be
fair in deciding the issues zn the case, I would consider d7squalit+ing myself and having
the record reviewcd by another hearanc, examiner for dectslan. If this is the case, you
need to let me know imirnediat~~~
If yau would not like to pursue the Fetirernent prOject altemative at this time, and are
comfortable with my continuin~ invc~lverrrent in this matter, I wil1 proceed to mal~e a
decisian an the ongina] proposal based an the inforrnatian in the file at thxs time Please
let rne knaw yaur positian in writinc-r by the c1ose of business an Monday, May 11, 1998
Very truly1) yaurs,
y
Michael C. Dempsey
Hearin~ Exarnzner
1:1.001: i'Li ai_Ic Wc7riKs BUiLGING
7026 lVFST BRo~~)WAvAvLNur, S1'oKA`T. WASI-itNc'rON 99250-0743
P~~~NF- (309) 324-3490 • i=AY. (509) 324-3475 = Tr3d. (509) 324-3160
~
ZE-36A-96/ZE-88A-80
~ May 7, 199S
Page 2
Enclosures
c Francine Shaw, Division of Building and Planning
Scott Engelhard and Bob Brueggeman, Spokane County Division of Engineerinj
David and Susan Scott, P. 0. Box 183, Veradale, WA 99037
Neil Francom, 404 South Evergreen Road, Spokane, WA 99216
Denny and Peggy Lapikas, 13823 East 5`h Court, Spokane, WA 99216
Karen Cone, 13620 East 3" Avenue, Spokane, WA 99216
Albert and Eileen Tams, 13604 East 4" Avenue, Spokane, WA 99216
Phil Bruni, South 311 South Evergreen, Spokane, WA 99216
Walter and Margaret E. Johnson, 13907 East 4" Avenue, Spokane, WA 99216
Lynette Bailey, 13306 East 6' Avenue, Spokane, WA 99216
Sue Mathis, 13614 East 3'dAvenue, Spokane, WA 99216
Jim Scott, 2312 South Bolivar, Veradale, WA 99037
. , I 1 , ' 'S~ '
f ~
N
S p O K A N E .~,r,
OFFICE OF THE HEARI\G EXAViINER MICHAEL C DELlPSEY, CHJEF EXAMI\'ER
April 17, 1998
Arger Capital Corporation
c/o Grec; Arger, Prokey A.rger .
300 North Mullan, Suite 204
Spokane, WA 99206
RE: ZE-88A-80, ZE-36A-96, Reopenincy of public hearing
Dear Applicants:
Please be advised that I am considering reopening the record in the above matter to
consider the traffic impact of the proposal on the intersection of Evergreen Road and Fourth
Avenue.
On April 8, 1998 the Hearing Examiner received a messacye from Neil Francom, who lives
adj acent to intersection, that there had been an accident at the intersection of Fourth Avenue and
Evergreen Road. On April 10, 1998, the Hearing Examiner received a facsimile from Karen
Cone, who lives near the site, which included a copy of a newspaper article. The article indicates
that on April 7, 1998 a serious accident occurred at the intersection of Fourth and Evergreen, in
which at least four persons were hospitalized. The accident occurred when a car headed
eastbound on Fourth Avenue went through the stop sign at the intersection and struck a car going
south. The article quotes neighbor Mike Johnson, who lives at the intersection, as saying that
this has always been a dangerous corner.
Not disclosed previously is the fact that the Hearing Examiner was involved in a nvo-car
accident at the same intersection within a month or so after hearing the applicant's previous
proposal in ZE-36-96. The Examiner's personal vehicle was headed westbound on Fourth
Avenue, went through the stop sign on Fourth Avenue, and was struck by a car heading
southbound on Evergreen. This non-injury accident occuned durincr daylight hours, while the
Examiner was going to work and after visiting a site near Adams Road. While it was snowina at
the time, the primary cause of the accident was lack of attention. The Examiner concludes that it
is best to disclose the fact of this accident, rather than risk having such event potentially affect
the Examiner's decision without input from the applicant.
The letter from Neil Francom in the file indicates that there have been many accidents at
this intersection, and that the house across from his property has been hit and damacred by cars
three times in the past four years. Other letters in the file express concern over traffic impacts at
this intersection. The Examiner speculates that the problem at this intersection may be that
Evercyreen Road is a busy Pnncipal Arterial, Fourth Avenue is a moderately busy Collector
Ti nap FLoorz PUauc WoaKs Bun_Di\c
1026 41r(:ST BKonDWnYAvI Nt;[, Sr30Kn\T_, WASIiINCTOtii 99260-0245
. PHoNe (509) 324-3490 • I'nx (509) 324-3478 • TDD (509) 324-3166
.
, . Request to Reopen Public Hearing
ZE-36A-96/ZE-88A-80
April 17, 1998
Page 2
Arterial that allows a fairly free flow of traffic to the east and west, and the stop signs come as a
bit of a surprise if you are not driving with care. Karen Cone submitted information at the public hearing (received from County Engineering) that traffic counts have increased significantly over
the past few years, in part due to the construction of the new Target and Safeway stores at
Evergreen and Spracrue Avenue. Similar testimony was offered by County Engineering at the
public hearincr in ZE-36-96. See Hearing Examiner decision in ZE-36-96, p. 7.
The traffic unpacts from the project approved by the Hearing Examiner in ZE-36-96 were
miti~ated by the fact that the applicant was proposing retirement housing. Retirement housing
generates about one-fifth the peak hour trips than general multi-family housing, according to
testimony by County Engineering at the public hearing in ZE-36-96. See Hearing Examiner final
decision in ZE-36-96, p. 7. The Examiner's decision in ZE-36-961imited the number of units on
that respective site to 34 tivelling units. The applicant now proposes 52 dwelling units of general
multi-family housing on the ZE-36-96 site, which will obviously have a much greater traffic
impact than the project approved previously im ZE-36-96. In addition to this, the applicant wants
to add 84 units of general multi-family housing to the adjacent site in ZE-88A-80. The
consolidated project will access both Fourth and Evergreen and impact the subject intersection.
Based on County Engineering testimony submiited at the public hearing in ZE-36-96, 136 units
of general multi-family housing would generate 61 peak hour vehicular trips in the a.m. peak
hour and 68 trips in the p.m. peak hour. See Hearinc., Examiner final decision in ZE-36-96, p. 7.
This appears to be a substantial number of new peak hour trips at this location.
.
Neither the applicant nor County Engineering conducted any traffic study or analysis of the
traffic impacts from rhe project. The Environmental Checklist does not even attempt to estimate
the number of vehicular trips from the project. The dedication of right of way and road
improvements required along Fourth Avenue for the project will help lessen congestion, but do
not address the impacts at the subject intersection. The County plans to widen Everoreen Road
to a five-lane section south of Sprague Avenue by the year 2002, but there is some question
whether the improvements will be carried all the way to Fourth Avenue. The applicant is
required to dedicate right of way along Evergeen Road, which would facilitate such County road
project.
The 1981 rezone in ZE-88-80 does not "grandfather" in the applicant's project regarding
road improvements. This decision expressly withholds County Engineering conditions until a
specific site plan is submitted. That has now occurred with the application in ZE-88.A-80, and
the additional traffic impacts from the proposed units in ZE-88A-80 must be fully considered.
This is not to say that the applicant can be required to mitigate a pre-existing failing level of
service at the subject intersection, if it is shown to exist.
The Examiner is not ailowed to consider ex parte information, such as the fact of the April
7, 1998 accident at the subject intersection or the Examiner's own accident, without crivin~ an
opportunity for affected parties to rebut the substance of the ex parte information. The only
parties expressing support for the project ~vere the applicants. The Hearing Examiner Rules of
7 {
Request to Reopen Public Hearinj
ZE-36A-96/ZE-88A-80 April 17, 1998
Page 3
Procedure (County Resolution No. 96-0294) authorize the Examiner to reopen the hearinc, or
record to address such matters. Such rules also authorize the Examiner to reopen a hearing to
take additional testimony or evidence, or for other compelling cause, provided a final decision
has not been entered. The Examiner is required to give five (5) days notice of such reopened
hearin~.
This is obviously an unusual situation. The Examiner has decided to proceed by giving the
applicant (Arger Capital Corporation) at least a week to respond in writing why the hearing
should not be reopened to consider the new information on traffic accidents at the intersection of
Fourth and Evergreen, and a revisiting of the traffic issue. Such comments must be in writing
and received by the Examiner's office no later than Apri124, 1998. Documents may be sent by
facsimile at (509) 324-3478. If the applicant needs more time to respond, I will allow it upon
request. If a new hearing is held, it would be specially and expeditiously set and be limited to the
traffic issue alone.
Very truly yours,
r
07?F
Michael C. Dempsey
Hearing Examiner
c Parties of Record (see list below)
Scott Engelhard, Division of Engineerina and Roads
Francine Shaw, Division of Building and Planning
Enclosures to applicants (message from Neil Frank, fax from Karen Cone)
Parties of record include the following persons:
David and Susan Scott. P. O. Box 183, Veradale, WA 99037
Neil Francom, South 404 Evergreen Road, Spokane, WA 99260-0050
Denny and Peggy Lapikas, 13823 East 5`h Court, Spokane, WA 99216
Karen Cone, East 13620 3'dAvenue, Spokane, WA 99216
Albert and Eileen Tams, East 13604 4'h Avenue, Spokane, WA 99216
Phil Bruni, South 311 Evergreen, Spokane, WA 99216
Margaret E. Johnson, East 13907 4" Avenue, Spokane, WA 99216
Lynette Bailey, East 13306 6" Avenue, Spokane, WA 99216
Sue Mathis, East 13614 3`d Avenue, Spokane, WA 99216
Jim Scott, South 2312 Bolivar, Veradale, WA 99037
tiValter W rohnson, East 13907 4`h Avenue, Spokane, WA 99216
,
. . , . ,
• i
, p t~ ,~~`€v E
O U N
S P O K C T Y
OFFICE OF THE HEARI\G EXAMI\'ER MICHAEL C DENiPSEY, CHIEF EXAti1INER
April 28, 1998
David and Susan Scott. P. O. Box 183, Veradale, WA 99037
Neil Francom, South 404 Evergreen Road, Spokane, WA 99260-0050
Denny and Peggy Lapikas, 13823 East 5`h Court, Spokane, WA 99216
Karen Cone, East 13620 3`dAvenue, Spokane, WA 99216
Albert and Eileen Tams, East 13604 4`hAvenue, Spokane, WA 99216
Phil Bruni, South 311 Evergreen, Spokane, WA 99216
Margaret E. Johnson, East 13907 4" Avenue, Spokane, WA 99216
Lynette Bailey, East 13306 6`' Avenue, Spokane, WA 99216
Sue Mathis, East 13614 3id Avenue, Spokane, WA 99216
' Jim Scott, South 2312 Bolivar, Veradale, WA 99037
Walter W. Johnson, East 13907 4t' Avenue, Spokane, WA 99216
_ Scott Engelhard and Bob Brueggeman, Spokane County Division of Engineering
-
RE: ZE-36A-96, ZE-88A-80
Dear Parties of Record:
Please find enclosed a copy of a letter dated Apri123, 1998 (with attachment) from
Gregory Arjer, on behalf of the applicant, which letter responds to my previous letter -
regarding traffic concerns at Evergreen and Fourth Avenue for the above project.
Last week I accepted a telephone call from Mr. Arger, who wanted to know if I would
entertain approval of a retirement center on the site, which he felt would be more
acceptable to the neighborhood and would have considerably less traffic impact than the
general multi-housina project presented at the recent hearing in the above matter. He
explained that he had recently received an inquiry from a developer of retirement
housing, who expressed a strong interest in developing such a project on the site. Mr.
Arjer's letter explains that he would still need the 136 units, density and building heights
proposed earlier to make the retirement project economically feasible. Mr. Arger also
told me over the telephone that the design of a retirement center on the site would differ
somewhat from the current design, with the retirement center probably occupying the
center of the site, as is typical of such housing. If the retirement center does not work
out, iVlr. Ar~er would agree to do a traffic study for the general multi-family project.
However, he needs an answer on this relatively quickly, to avoid losing the retirement
center proposal.
Ti 11:D Fi,ooii PuI;Lic Worths BuiLQiNc
1026 WCST BROADIYAYAvi.NuE, SroKnNT, WnsHtNGTOy 99260-0245
PHO,\e (509) 324-3490 • FA-yc (509) 324-3475 • TDD (509) 324-3166
. i ~
, Request for Comments
ZE-36A-96/ZE-88A-80
April 28, 1998
Pacre 2
The purpose of this letter is to solicit your interest in Mr. Arger's proposal. Most people
find a retirement center to be much more appealing than a comparably sized general
multi-family project. If there is substantial interest in this alternative, I will expeditiously
schedule a brief public hearing to consider the same. I am also by this letter requesting
the Spokane County Traffic Engineer to consider promptly evaluating traffic safety
conditions at the intersection of Fourth and Evergreen, in light of the number of accidents
that have occurred at such intersection recently and over the past few years, as discussed
in my previous letter. The Traffic Engineer should indicate whether the County is
willing to do this, and how soon it could be done. Please be advised that last week my
office was advised by Susan Scott and by Neil Francom of yet another accident occurrinc,
at this intersection, this time a three-car injury accident occumng on the aftemoorr of
Apri123, 1998. See attached copy of facsimile dated 4-23-98 from Susan Scott.
Your comments must be in writing and received by the Examiner's office no later than
May 6, 1998. Documents may be ser.t by facsimile at (509) 324-3478. This includes the
response by County Engineering.
+ Very truly yours,
4lL c
Michael C. Dempsey
Hearing Examiner
c Gregory Axger, 300 North Mullan Road, Suite 204, Spokane, WA 99206-E806
Francine Shaw, Division of Building and Planning
Enclosures
, d- 2d-1998 2: 35PM FRON1 P. I
~ . . , .
COMOVAT-ON
AQ%(_~"JUID CAD`A~ ~
INVESTMENT - DEVELOPMENT e FINANCE
Apri123, 1998
Mr. Michael C. Dempsey, Chief Examiner
Office of the Heari.ncr Examiner "
Spokane County
1026 W. Broadway
Spokane, WA 99260
Facsimile Trans7nittal 32Q -'3478
RE: ZE-88A-80, ZB-36A-96, Reopenin-a of public hearinJ
Dear Mike:
Thank you for answerina my qicesrions on the telephone re;ardin~ your Ietier referenced above.
The safety issues, whether due to weather, Iack of attention, or other a,.re beyond our control.
In hopes of mitigating the traffic issues we hereby request the following.
Your immediate approval is hereby requested to allow the development of a Retirzrnent Center
with the same density as requcsted at the hearing, 136 units. Retirement housinj eenerates about
one-fi#th the peak hour trips than general mulri-family housin~, accordinj to testimony by
County Lngineering at the public hearing in ZE-36-96. A retirement project totalIy resolves any
trafnc concerns. It is imperative that the density and height as proposed be approved in order for
the retirement project to be feasible. Please respond as soon as applicable.
Our design criteria will meet or exceed al1 County standards for UR22 zone designation.
It is our intention to develop a retirement project, however in the zvznt the proposed transaction
does not develop as planned, we further hereby request an additional 60 days to hire a
professional engineer to strictly research the level of traffic unpact for a 136 uiiit multi-family
proj ect.
We have a strong rcputation and a firm irack record in complying with County requirements, and
in fact are lea.ders in the community in our development designs.
Sin /rely,
~
ecory
Exhibit: 1998 Trafnc Count Atlas
Center Poinze Business Park a 300 North Mullan Road, Suite 204 • Spokane, WA 99206-6806
FAX (509) 927•4823 Phone (509) 926-5311
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S P O K A N E _ C O U N T X
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OFFICE OF THE HEARING EXAViihTER MICHAEL C. DEMPSEY, CHIEF EXAMINER
May 1, 1998
Gregory Arger, 300 North Mullan Road, Suite 204, Spokane, WA 99206-6806
David and Susan Scott, P. O. Box 183, Veradale, WA 99037
Neil Francom, South 404 Evergreen Road, Spokane, WA 99260-0050
Denny and Peggy Lapikas, 13823 East 5`hCourt, Spokane, WA 99216
Karen Cone, East 13620 3`dAvenue, Spokane, WA 99216
Albert and Eileen Tams, East 13604 4h Avenue, Spokane, WA 99216
Phil Bruni, South 311 Evergreen, Spokane, WA 99216
Margaret E. Johnson, East 13907 4" Avenue, Spokane, WA 99216
Lynette Bailey, East 13306 6`hAvenue, Spokane, WA 99216
Sue Mathis, East 13614 3`dAvenue, Spokane, WA 99216
Jim Scott, South 2312 Bolivar, Veradale, WA 99037
Walter W. Johnson, East 13907 4" Avenue, Spokane, WA 99216
RE: ZE-36A-96, ZE-88A-80
Dear Parties of Record:
Please find enclosed a copy of a letter dated April 30, 1998 from Robert Brueggeman,
Traffic Engineer, which letter responds to my Apri128, 1998 letter regarding traffic
concerns at Evergreen and Fourth Avenue for the above project.
Your comments must be in writing and received by the Examiner's office no later than
May 6, 1998. Documents may be sent by facsimile at (509) 324-3478. This includes the
response by County Engineering.
Very truly yours,
r ' ` .
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Michael C. Dempsey
Hearing Examiner
c Francine Shaw, Division of Building and Planning
Scott Engelhard, Division of En~ineering and Roads
Enclosure
TIlIRD FI.CkOR PUDLIC WpRKS BUILDING
1026 WEST BROn[nvn)•A%'LNuH, SroKAN'e, WnsHincTO` 99260-0245
PHoNe. (509) 324-3490 • F,\\: (509) 324-3478 • TDD (509) 324-;166
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APR, ~ 0 1998
By u,~
S P O K A N E C O U N"I' y ` DIVISION OF ENGIVEERIiVG AVD ROADS • A DIVISION OF THE PUB[,1C WORKS DEPART`fENT
William A. Johns, P.E, County Engineer Dennis M Scott, P E, Director
April 30, 1998
Michael C. Dempsey
Spokane County Hearing Examiner
1026 W. Broadway Avenue
Spokane WA 99260
RE: ZE-36A-96, ZE-88A-80
Dear Mr. Dempsey: " .
In response to your April 28, 1998 letter, the following information is provided. The vehicular traffic volumes
recorded in 1997 for the intersection of Fourth Avenue and Evergreen Road are; -
north leg - 6,321
south leg - 71395
east leg - 2,477 -
west leg - 1,574
each being a bi-directional total. This intersection has experienced a five (5) percent annual growth in vehicular
volumes on Evergreen Road and a zero (0) percent annual growth in vehicular volumes on Fourth Avenue over the past
few years. 'I'his growth is consistent with that of similarly classified arterials in this area
This intersection has also experienced as few as zero (0) and as many as five (5) automobile crashes arulually for an
average of slightly under two (2) crashes per year for the past eight (8) years.
In light of the above information, this intersection is currently appropriately controlled by a two-way stop traffic control
and has adequate available sight distance. Any traffic analysis for this or other proposed projects should be performed
by a qualified private engineer rather than the reviewing agency.
Very truly yours,
William A. Johns, P.E.
Spokane County Engineer
`
Robert F. Bruegan, P.E.
~
Traffic Engineer ,
1026 W Broadway Ave • Spokane, WA 99260-0170 •(509) 456-3600 FAX (509) 324-3473 TDD (509) 32;-3166
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S P <D K A N E C O U~T T Y
OFFICE OF THE HEARING EXAVfINER MICHAEL C DEv1PSEY, CHIEF EXAMINER
May 1, 1998
Gregory Arger, 300 North Mullan Road, Suite 204, Spokane, WA 99206-6806
David and Susan Scott, P. O. Box 183, Veradale, WA 99037
Neil Francom, South 404 Evergreen Road, Spokane, WA 99260-0050
Denny and Peggy Lapikas, 13823 East 5~' Court, Spokane, WA 99216
Karen Cone, East 13620 3rd Avenue, Spokane, WA 99216
Albert and Eileen Tams, East 13604 4`hAvenue, Spokane, WA 99216
Phil Bruni, S'outh 311 Evergreen, Spokane, WA 99216
Margaret E. Johnson, East 13907 4`h Avenue, Spokane, WA 99216
Lynette Bailey, East 13306 6`hAvenue, Spokane, WA 99216
Sue Mathis, East 13614 3`dAvenue, Spokane, WA - 99216
Jim Scott, South 2312 Bolivar, Veradale, WA 99037
Walter W. Johnson, East 13907 4`hAvenue, Spokane, WA 99216
RE: ZE-36A-96, ZE-88A-80
Dear Parties of Record:
Please find enclosed a copy of a letter dated Apri130, 1998 from Robert Brueggeman,
Traffic Engineer, which letter responds to my Apri128, 1998 letter regarding traffic
concerns at Evergreen and Fourth Avenue for the above proj ect.
Your comments must be in writing and rzceived by the Examiner's office no later than
May 6, 1998. Documents, may be sent by facsimile at (509) 324-3478. This includes the
response by County Engineering.
Very truly yours,
r '
Michael C. Dempsey
Hearing Examiner
c Francine Sha«r, Division of Building and Planning
Scott Engelhard, Division of Engineenng and Roads
Enclosure
Titiizi) Fi om Puat_ic Wo►tKs Buii ntNc
1026 WcsT BiiOnn+vnti•AVLuuI., SPOKnvr., WnSI 11Nc10,\1 99260-0245
PtioNc (509) 324-3490 • FnX (509) 324-3475 • TDD (509) 324-3166
.
` APR 3 0 1998
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By
S P O K A N E C O TJ N T Y
DIVISI0,N OF ENGINEERING AND ROADS • A DIVISION OF THE PUBLIC WORKS DEPARTVfENT
William A. Johns, P.E., County Engineer Dennis M Scott, P E, Director
April 30, 1998
Michael C. Dempsey
Spokane Counry Hearing Examiner
1026 W. Broadway Avenue
Spokane WA 99260
RE: ZE-36A-96, ZE-88A-80
Dear Mr Dempsey: '
In response to your April 28, 1998 letter, the following information is provided. The vehicular traffic volumes
recorded in 1997 for the intetsection of Fourth Avenue and Evergreen Road are;
north leg - 6,321
south leg - 7,395
east leg - 2,477
west leg - 1,574
each being a bi-directional total. This intersection has experienced a five (5) percent annual ~rowth in vehicular
volumes on Evergreen Road and a zero (0) percent annual growth in vehicular volumes on Fourth Avenue over the past
few years. This growth is consistent with that of similarly classified arterials in this area.
This intersection has also experienced as few as zero (0) and as many as five (5) automobile crashes annually for an
average of slightly under two (2) crashes per year for the past eight (8) years.
In light of the above information, this intersection is currently appropriately controlled by a two-way stop traffic control
and has adequate available sight distance. Any traffic analysis for this or other proposed projects should be performed
by a qualified private engineer rather than the reviewing agency.
Very truly yours,
William A Johns, P.E
Spokane Counry Engineer
6,%712-1 GRobert F. Bruan P.E.
~
Traffic Engineer
1026 tiV Broadsvay Ave • Spokane, WA 99260-0170 •(509) 456-3600 FAX (509) 324-3478 TDD (509) 324-3166
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1 STAFF REPORT TO THE HEARING EXAMINER
A~1, File #s: ZE-88A-80 and ZE-36A-96
UI t11~ DIVIStON OF BUILDING AND PLANNING
SCO=
HEARING DATE: April 3, 1998 FILE #S: ZE-88A-80 and ZE-36A-96
PROJECT PLANNER: Francine Shaw
PROJECT DESCRIPTION: The applicant is proposing the unified development of a 136 dwelling unit
multi-family (apartment) complex on finro adjacent properties limited by Conditions of Approval of
two separate land use actions (project file no.'s ZE-88-80 and ZE-36-96). The proposal includes
a request for a Change of Conditions for review of a detailed site development plan and
landscape plan by the Hearing Examiner as required by the Conditions of Approval for ZE-88-80
and a Change of Conditions request to increase the density allowance from 34 dwelling units
(apartments) units to 52 dwelling units (apartments) as limited by the Conditions of Approval for
ZE-36-96. The applicant is also requesting a Change of Conditions for sewer density bonus
pursuant to Chapter 14.820 of the Spokane County Zoning Code. An additional eight (8) units
bonus density dwelling have been requested increasing the density from 128 dwelling units
allowed by the existing Urban Residential-22 (UR-22) to 136 dwelling units (apartments) on the
subject site for direct public sewer hookup. .
STAFF RECOMMENDATION: Staff recommends approval, as conditioned.
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Proiect Data
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Project Location: The subject property is generally located at the
northwest comer of the intersection of 41 Avenue and
Evergreen Road in the NE % of Section 22, Township
25 North, Range 44 E.W.M., Spokane County,
Washington.
Parcel Numbers: LE-36A-96: 45221.9200 & 45221.9217
ZE-88A-80: 45221.9111 and 45221.9112
Owner: Arger Capital Corporation
300 North Mullan, Suite 204
Spokane, WA. 99206
Dayton Hudson Corporation
777 Nicollet
Minneapolis, MN 55402
G.P. and M.J. Finch
5806 N. Vista
Spokane, WA. 99212
ZE-88A-80 and ZE-36A-96
Staff Report - April 3, 1998 Public Hearmg
1 of 12
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Agent: Greg Arger
Arger Capital Corporation
300 North Mullan, Suite 204
Spokane, WA. 99206
Comprehensive Plan Designation: Urban
Zoning: Urban Residential-22 (UR-22)
Existing Land Use: ` Single family residence, accessory storage buildings,
vacant and undeveloped land
Surrounding Zoning and Land Uses:
T
• North: A strip of vacant and undeveloped land located
immediately north of the subject site which varies
from 100 feet to 200 feet in width is zoned Urban
Residential-3.5 (UR-3.5). The north 100 feet of this
strip is planned for the South Valley Arterial.
Regional Business (13-3) zoned land extends north,
northeast and northwest from the Urban Residential-
3.5 (UR-3.5) zone, adjacent to Sprague Avenue. A
22,500 square foot parcel located on the southwest
corner of the intersection of Sprague Avenue and
Evergreen Road is zoned Neighborhood Business (13-
1). Existing land use is primarily commercial
including a retail department store (Target),
automobile sales, restaurant, and a bakery.
• South: Land locate south of the proposal is zoned Urban
Residential-3.5 (UR-3.5). Medium density single
family rzsidential development is the predominate
land use located south of the proposal.
• East: Land located east of the subject site encompasses
several zoning categories including Regionaf
Business (13-3), Light Industrial (I-2), Urban
Residential-3.5 (UR-3.5), and Urban Residential-22
(UR-22) zones. Various land uses exist within the
vicinity of the proposal including a boat and RV
storage yard, land set aside for the South Valley
Arterial, retail sales (Safeway and Office Depot),
duplexes and single family residences.
• West- Land located west of the proposal is primariiy zoned
Urban Residential-3.5 (UR-3.5). Land use located
immediately west of the subject site is vacant and
undeveloped with single family residences extending
west therefrom.
Known Land Use Proposals and No tand use proposals that have a bearing on the
Recent Project Approvals in the subject proposal have been submitted or approved
Area of this Project within the vicinity of the proposal within the last 11
years. The most recent land use actions that have
been approved in this area are those land use actions
directly associated with the subject property (project
file nos. ZE-88-80C and ZE-36-96C). Existing zoning
categories of property located within the vicinity of the
proposal were established prior to 1987. On January
1, 1991, the zoning categories established by the
now expired Spokane County Zoning Ordinance
crossed over to comparable zoning categories
consistent with the Program to Implement the (new)
Spokane County Zoning Code.
ZE-88A-80 and ZE-36A-96
Staff Report - April 3, 1998 Public Hearing
2of12
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Land Division Status: The subject properiy encompasses four tax parcels
(45221.9200, 45221.9111, 45221.9112 and
45221.9217), none of which have received fiormal
plaffing approvai consistent with RCW 56.17. A
Certificate of Exempbon (file no. CE-307-83A) was
approved on September 20, 1983 recognizing tax
- parcel 45221.9200 as a legal building lot and exempt
from the platting requirements identified in RCW
58.17. Review of County Assessor's records for tax
parce{s 45221.9111 and 45221.9112 indicate these
parcels uuere created prior to 1966. Although these
parcels have not received formai platting approval
they could receive approval of a CerUficate of
ExempGon pursuant to Section 12.100.110(5) of the
Spokane County Subdivision OFdinance as these
properties were created before 1978 and prior to the
requirement for approval of land divisions in Spokane
Land Divjsion Status (continued)- County pursuant to RCW 58.17. Review of County
Assessor's records for tax parcel 45221.9217
_ indicate this parcel was created through a tax
segregaflon of parent parcel 45221.9199 in 1994.
Approval of a final two lot short plat would be required
to recognize this parcel and the remaining portion of
the parent parcel (tax parcel 45221.9216) as legal '
building lots. However, due to consideration of parcel
45221.9200 as a legal building lot, the three
addibonal parcels encompassed by the proposed '
Change of Conditions (45221.9111, 45221.9112 and
45221.9217) could be aggregated into this parcel to
_ create a single tax parcel which woutd also be
considered a legal building loti This aggregation
would not recognize the remaining portion of the
parent parcel (45221.9216) as a legal building lot
In order to develop the subject property as proposed,
the Division of Building and Planning has
recommended as a Condifion of Approval that the
applicant receive approval of a Certificate of
Exemption for a Minor Lot Line Adjustment for the
aggregaaon of the subject tax parcets into a single
tax parcel pursuant to Section 12.100.110(5) of the
Spokane County Subdivision Ordinance. If the
properties are not aggregated, the appropriate land
division approvals shall be obtained pursuant to RCW
58.17, the Spokane County Subdivision Ordinance
and the Spokane County Zoning Code prior to the
issuance of any building permit. Without the approval
of the Minor Lot Line Adjustment described above,
site plan revision will be required in order to
accommodate lot access, frontage and appropriate
structure setbacks.
Shoreline Designation: Not applicable
Water Purveyor: The proposal is located within Vera Water and Power
District Water service will be provided from an
existing public water supply when apprQved by the
ZE-88A-80 and ZE-36A-96
Staff Report - Apd13, 1998 Public Hearing
3of12
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Spokane Regional Health District. Water servic,e
shall be provided in accordance with the coordinated
Water System Plan for Spokane County, as
amended. The use of private wells and water
systems is prohibited.
Sewage Dfsposal: An exisfing public sewer system is availabie to serve
the site. Pians and specifications for connection to
' the sewer will be reviewed prior to the issuance of
any sewer connecbon permit or building permit.
Fire District The proposal is located in Fire District No.1. Fire
District No. 1 has indicated water supply and access
will be addressed prior to the issuance of any buliding
permit
School District and nearest K•12 The proposal is within Central Valley School Disttict
schools: No. 356. The School District was contacted
regarding the proposal and no comments were
received. However, a letter submitted to project file
ZE-36-96 from Central Vaiiey School Oistrict did
indicate that schools ate current(y overcrowded.
Division of Building and Planning Condition of
Approval No. 9 for 2E-36-96 requires the applicant to
negotiate a voluntary agreement with the School
District to mifigate impacts of the development on
schools. This condition will remain in effect for the
west 165 feet of the subject property which is subject
to Conditions of Approval for ZE-36-96. Adams and
Keystone Elementary Schools, Evergreen Jr. High
School and Central Valtey High School are the K-12
public schools located nearest to the proposal.
Nearest Arterfal and Distance: The subject property is located west of and adjacent
to Evergreen Road. north of and adjacent to 4th
Avenue, and south of and adjacent to the fonner
Milwaukee Railroad right of-way which is slated to
become the proposed South Valley Arterial. The
Spokane County Arterial Road Plan identifies
Evergreen Road as a Principal Arterial and tfie South
Valley Arterial as a limited access Principal Arterial,
each with a planned right-of-way width of 100 feet
40 Avenue is idenfified by the Arterial Road Ptan as a
Collec#or Arterial with a planned right-of-way width of
70 feet In order to impiement the Arterial Road Plan
the Spokane County Division of Engineering and
Roads has recommended as Conditions of Approval
that the applicant dedicate 25 feet of additional right-
of-way on Evergreen. 2.5 feet of additional right-of-
way on 41 Avenue, the applicable radius on
Evergreen and 41 Avenue, together with the
applicable border easements adjacent to these
Spokane County rights-of-way. In addition to the
right-of-way dedicafion and border easements, the
Division of Engineering is also requesting the
applicant set aside a strip of land 12.5 feet in width
along 41hAvenue Road as Future Acquisition Area
(FAA).
Nearest Parks and Distance: The Spokane County Parks and Recreaflon Plan
identifies Terrace View Park as the County park
ZE-88A-80 and ZE-36A-96
Siaff Report - April 3. 1998 Public Hearing
4of12
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facility located nearest to the proposal. Terrace View
Park is approximately 7.5 acres in size and is located
approximately'/. mile south of the subject site.
Neighborhood Associadon: None identified.
• This proposal is located inside the IUGA.
• This proposai is located inside a Pubiic Transportation Benefit Area (PTBA).
and is served by Spokane Transit Authority Route #9 which runs eastlwest
along Sprague Avenue and Route #22 which runs north/south along Adams
Road.
• This proposal is located outside the 1000' notification boundary of designated
Natural Resource Lands.
GMA/Criticat Areas
Aquifer Recharge Area: - The proposal is located within the Aquifer
- Sensitive Area (ASA) Overlay zone and
inside the Priority Sewer Service Area
(PSSA).
Fish & Wiidlife Habitat Conservation Areas: Not appiicable
Ftoodpiain: Not applicabie
Geologically Hazardous Areas: Not applicable
Wetlands: IV'ot applicable
SEPA
O DNS issued March 5, 1998
O'i 5 agencies were contacted on March 5, 1998
requesdng comment on the DNS. The oomment
period ended Apnl 1, 1998, although additional
comments are accepted until the conclusion of
the pubiic hearing for the proposal.
Noticinq
Publlshed: Spokesman Review on March 19, 1998
Mailed: The Notice of Application and Notice of Hearing was mailed to owners of property located
within 400 feet of the subject site on January 29, 1998 and March 18, 1998, respectively.
Site Posted: The deadiine for site posting was March 19, 1998.
1724 Compliance Dates
Application Accepted (Counter Compiete): December 31. 1997
Technically Comptete / Determination of Completeness issued: January 26, 1998
Date Notice of Decision is Due: May 26, 1998
Reviewina Aoencies
A total of 18 agencies were notified on various dates including November 12, 1997, January 13, 1998,
February 17, 1998, and March 5, 1998. The deadline for submitfing comment to the Division of Building and
Planning project flle for the proposal was March 18, 1998.
ZE-88A-80 and ZE-36A-96
Stafi Report - April 3, 1998 Pubfic Hearing
5of12
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Agencies Notified Response Date Agencies Notified Response Date
Received Received Received Received
Spokane County Division Yes March 24, Central Va11ey School No
of Engineering and Roads 1998 District # 356
Spokane Counhr Division Yes March 20, Vera Water and Power No
of Utilities ° 1998
Spokane Regional Health Yes March 16, Spokane County No
District 1998 Boundary Revtew Board
Spokane County Division Spokane County Division
of Building and Planning; No of Parks, Recreation and No
Building Section Fair
Spokane County Yes November Spokane Regional No
Stormwater Utility 20. 1997 Transportabon Council
Spokane County Washington State
Division of Engineering; Yes November Department of No
Development Services 13.1997 Transportation
Spokane County Air No Spokane Transjt No
Polluflon Control Authority Authority
Spokane County Division Yes March 5, Washington State No
of Long Range Planning 1998 Department of Ecology
Fire Protection Yes January Washington State
. District No. 1 25, 1998 Department of Fish and No
Wildlife
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ResQonses from the Public: Five (5) letters in opposition to the proposal have been received
from surrounding property and business owners. Issues of concern include traffic impacts to
Evergreen Road and 41 Avenue, timing of scheduled right-of-way improvements and
development of the subject property, appropriateness of multi-family development within the
existing single family neighborhood, building height limitations, impact of berming on building
height, changes in design from original proposal, impact to Central Valley School District, target
age group of residents, the need for additional apartments wfthin Spokane County, and density.
Description of the Site: The subject property is located on the northwest comer of the
intersection of Evergreen Road and 4th Avenue in an area of existing mixed development
including regional serving businesses to medium density single family residential development.
The property is approximately 5.63 acre in size and is rectangular in shape. Evergreen Road,
located east of and adjacent to #he site, is paved but without curbs, sidewalks or street lighting.
Evergreen Road merges from a 5 lane road at Sprague Avenue, north of the site, into a fin►o lane
road adjacent and continuing south of the site. 4th Avenue, located south of and adiacent to the
site, is atnro lane paved road that is also without curb, sidewalk and street lighting. The site is
primarily vacant and undeveloped except for a single family residence and two out buildings
which are located on the northeast corner of the sfte. These buildings will be demolished upon
development of the site. The topography of the site generally flat with a slight incline in slope
from the north property line down to the south property line. Little vegetation exists on site except
for native grasses, shrubs and landscaping associated with the single family residence located on
site. A wire fence which includes two strings of barbed wire surrounds a majority of the properfy.
Barbed wire fences are not allowed in the existing Urban Residential-22 (UR-22) zone. Overhead
transmission lines border the west side of Evergreen Road and the south side of 4' Avenue.
ZE-88A-80 and ZE-36A-96
Staff Report - April 3. 1998 Public Hearing
6 of 12
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Backqround: The proposal encompasses land which is subject to Conditions of Approval of two
separate and distinct zone reclassification approvals. A zone reciassification (project file no. ZE-
88-80) from Agricuitural (A) to Multiple Family Suburban (MFS) was approved for the most
easterly 300 feet of the site by the Hearing Examiner Committee on October 14, 1981, pursuant
to the now expired Spokane County Zoning Ordinance. Condition of Approval # 3 for ZE-88-80
requires review of a detailed sfte development plan and landscape plan by the Hearing Examiner
at a future public hearing. On January 1, 1991, the (new) Spokane County Zoning Code was
adopted and the zone of this property crossed over from the Multiple Family Suburban (MFS) to
the existing Urban Residential-22 (UR-22) aone.
In addition, a zone reciassification from Urban Residential-3.5 (UR-3.5) to Urban Residentia!-22
(UR-22) was approved by the Hearing Examiner on December 17, 1996 (project file no ZE-36-96)
for the most westerly 165 feet of the subject property. The zone reclassification was for the
purpose of devetoping a 40 dwelling unft multi-family (apartment) complex. The Hearing
Examiner's decision and Division of Buitding and Planning Conditions of Approval #8 for ZE-36-
96 limited the development of the site to 34 dwelling units.
Stafi Ana1Vsis: The proposal includes the request for approval of three separate Change of
Conditions including 1) review of a detailed site development plan and landscape plan at a future
public hearing as required by Division of Buildjng and Planning Condibon of Approval # 3 for ZE-
88-80, 2) an increase of the density allowance on the west 165 feet of the site from 34 dwefling
units (apartments) units to 52 dwelling units (apartments) as limited by the Division of Building
and Planning Conditions of Approval #8 for ZE-36-96, and 3) the request for a sewer density
bonus pursuant to Chapter 14.820 of the Spokane County Zoning Code to allow an additional
eight (8) dwelling units (apartments) which would increase the density from 128 dwelling units
allowed by the existing Urban Residential-22 (UR-22) to 136 dweliing units (apartments) on the
subject site.
In addition, the applicant has submitted a letter dated February 3, 1998, to the Division of Building
and Planning requesting relief ftom the fence/landscaping buffering requirement identified in per
Section 14.622.365 of Spokane County Zoning Code pursuant to Section 14.810.200 of the Zoning
Code, nAlternative Method of Compliance. Section 14.622.365 requires a a six (6)-foot-high
concrete, masonry, or decorative block wall, solid landscaping or sight obscuring fence shall provided
and maintained on the boundary of any UR-22 zone that abuts a UR-3.5 zone.
The applicant contends the west wall of the garage located wfthin five feet of the west property line
and the required five (5) foot-wide strip of Type III landscaping along this property line provides a
sufficient sight-obscuring baRier meeting the intent of the buffering requirement identified in Section
14.810.200.
Comprehensive Plan: The subject property is located in the Urban category of the
Comprehensive Plan. The Urban category is intended to provide a city-like environment which
includes various land use, intensive residential development, public facilities and services. Urban
areas will be the most intensely developed of all categories and is primarily a residential category
of single famity, twafamily, multifamily, and condominium buildings. The more intensive land
uses such as light industrial and neighborhood commercial will be located near heavily traveled
streets, while the least intensive uses will be isolated from the noise and heavy traffic. Multifamily
structures will usually be a transitional use between single family residential and the more
intensive areas.
ZE•8@A-80 and ZE-36A-96
Staff Report - April 3,1998 Public Hearing
7 of 12
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Urban areas will have public water systems, sanitary sewer systems, storm sewer systems and
utility systems such as electrical, telephone, gas, and cable sen►ices. Streets will be curbed and
paved. Street lights and sidewalks will be common to residenfial, public and commercial areas.
Public facilities inciude elementary, jr. high and high schools. Parks will normally be associated
with schools but not exclusively. Public libraries, manned fire stafions, medical facilifies,
government offices and post offices may be dispersed throughout urban areas.
The Urban category recommends residential net densities ranging from 1 to 17 dwelling units per
acre. However, Decision Guideline 1.1.2 for Objective 1.1.a does allow for net density increases
for multi-fami(y dwelling areas when a proposal can meet the fill in criteria described in Goal 1.1
(and Objective 1.1.a, Decision Guideline 1.1.1. Decision Guideline 1.1.2, Objective 1.1.b,
Objective 1.1.c, Decision Guideline 1.1.3, Decision Guideline 1.1.4, Objective 1.1.d). Because
the proposal is located adjacent to single family development careful considerafion must be given
to density and design of the multi-family development to ensure protection of the amenities of the
single family area.
The site is primarily a vacant and undeveloped field which appears to have been used for
agricultural purposes in the past. The proposal can be considered °fill-in° developrnent as the
surrounding properties are all developed at various stages of intensity, ranging from regional
serving commercial businesses to medium density single family residences. The sfte is located
adjacent to the intersection of two arterials and in an area where public facilities and services are
available including a public water and sewer system. Stormwater drainage facilities will be
required upon development of the site. Improvements to both Evergreen Road and e Avenue
have been recommended as Conditions of Approval by the Spokane County Division of
Engineering and Roads including right-of-way dedication, paving and the construction of curbs
and sidewalk in order to assure adequate transportation facilities. 78.84 % of the site will be left
in open space which witl be used for perimeter landscaping, access, parking and an interior
courtyard.
The applicant is proposing a 136 dwelling unit multi-family (apartment) complex on a 5.83 acre
site. The subject property is located approximately 100 feet south of the Major Commercial
category of the Comprehensive plan and provides a transition from the intensive regional serving
businesses, exisfing to the north along the Sprague Avenue corridor, to the medium density
single family residences located south, west and southeast of the proposal.
The proposed net density of 23.3 dweiling units per acre exceeds the density range
recommended within the Urban category by the Spokane County Comprehensive Land Use Plan.
However, the existing Urban Residential-22 (UR-22) zone is intended to implement the Urban
category of the Comprehensive Plan and allows a maximum residential net density of 22 dwelling
units per acre (see Chapter 14.622 of the Spokane County Zoning Code). In addition, Chapter
14.820 of the Spokane County Zoning Code provides criteria for increasing the maximum density
of the Urban Residential-22 (UR-22) from 22 dwelling units per acre to 25.5 dwelling units per
acre (an increase of 3.5 dwelling units per acre) when it can be demonstrated that a proposal is
Iocated within the Urban Impact Area and will be served by a pubtic sewer system. Bonus
density requests require approval of a Change of Conditions by the Hearing Examiner. A more
detailed analysis of Bonus Density for Sewer Hookup is provided below.
The proposal is generally consistent with the Goals, Objectives and Decision Guidelines of the
Urban category of the Comprehensive Plan.
Zoning Analysis: The purpose of the existing Urban Residential-22 (UR-22) zone is to set
standards for orderly development of residential property in a manner that provides a desirable
ZE-88A-80 and ZE-36A-96
Staff Report - April 3,1998 Publfc Hearing
8of12
.
• • ~'i •
living environment that is compatible with surrounding land uses and assures the protection of
property values. It is the intent of this zone to be used to add to the variety of housing types and
densities, and as an implementation tool for the Urban category of the Comprehensive Plan.
General characteristics of these areas include paved roads, public sewer and water, accessibitity
to schools and libraries, and a full line of public senrices including manned fire protection and
public transit accessibility. The highest density residential ione, UR-22, is intended primarily for
multifamily dwellings and is usually located adjacent to major or secondary arteria{s. tt is used as
a transition between low and medium density multiple family uses and intensive commercial or
low intensity industrial uses and to provide for a higher density housing in locations close to
employment, shopping and major transportation routes where movements of people can be
hand(ed efriciently and with the least overall adverse impacts.
The proposal is generally consistent with the Purpose and Intent of the Urban Residential-22
(UR-22) zone.
Bonus Densjty for Sewer Hookup: The applicant has requested eight (8) bonus density units
pursuant to Chapter 14.820 of the Spokane County Zoning Code. Chapter 14.820 of the Zoning
Code, Bonus Density for Sewer Hookup, is intended to provide for higher dens'rty development in
locations close to employment, shopping major transportation routes and sanitary sewer. It is the
intent to provide economical multifamily housing in regard to anticipated growth in areas required
to use sanitary sewer facilities when such facilities are operational.
.
6onus density may not ex+ceed 22 dwelling uni#s per acre as permitted by the Urban Residential-
22 (UR-22) zone, except as approved by the Hearing Examiner subject to the following
' procedure. In no case shall densites exceed 27 dwelting unfts per acre for direct sanitary sewer
hookup. Further, Section 14.820.080 of the Zoning Code permits a maximum of three and one
half (3.5) dwelling unfts per acre bonus density units based on direct hookup to the Sanftary
Sewer. The sanitary sewer is required to be located within 200 feet from a trunk line and 200 feet
from a collector. Discussion with Robbin Paeper, Spokane County Division of Utilities on March
27, 1998, indicates the propasal is in an areas were public sewer exists and therefore, the
proposal can meet this criteria.
The maximum dwelling units allowed by the undedying Urban Residential-22 (UR-22) zone on this
site without sewer bonus density is 128 dwelling units (5.83 acres X 22 dwelling units per acre).
Taking into consideration the above described criteria which allows 3.5 bonus density unfts per acre
for public sewer hookup, a maximum of 20 units of bonus density (3.5 bonus density units X 5.83
acres) may be requested for this sde for a total of 148 dwelling units. The appticant has requested
eight (8) units of bonus densify. The additional eight (8) dwelling units will increase the maximum
density from 22 dwelling units per acre as allowed by the underlying Urban Residential-22 (UR-22)
zone to 23.3 dwelling units per acre consistent with the criteria identified above.
Site Developrnent Plan: The site development plan of record submitted to the Division of Building
and Planning on February 6, 1998 illustrates a 136 dwelling unit multi-family (apartment) complex on
a 5.83 acre site with a net density of 23.3 dwelling units per acre. Two points of access to the site
are provided. One access is located on Evergreen Road, approximately 280 feet north of the
intersection on Evergreen and the other is on 41hAvenue, approximately 260 feet west of the
intersection of Evergreen and 41 Avenue.
Pro,oosed Buildin4s: A total of eight (8) buildings and six (6) carports are proposed including
five mufti family (apartment) buildings and three garages. One of apartment buildings
includes the complex office.
ZE-89A-80 and ZE-36A 96
Staff Report • Apri13, 1988 Public Hearing
9of12
, . , • .
Buildina(s) Foofarint Anea: 21.2% of the site (approximately 53,838 square feet). This figure
does not include carports. Section 14.622.330 of the Zoning Code allows a maximum of 65%
of the total lot area to be covered by building footprint.
Maximum Structure Heivht: Section 14.622.335 of the Spokane County Zoning Code limits
maximum building height in the existing Urban Residential-22 (UR-22) zone to fifty (50) feet.
The proposal illustrates apartment buildings ranging from 2'/Z stories to 3'/ stories in height.
Existing Division of Building and Planning Condition of Approval No.B for ZE-36-96 limits
building height to 35 feet on the west 165 feet of the subject property. The Division of
Building and Planning is recommended that this condition remain in effect as the applicant
has not requested a Change of Conditions to eliminate this condition.
Buildina► Sefbacks: The required setbacks noted below have been determined based on
primary access being provided from Evergreen Road. Establishing the appropriate setbacks
is dependent upon primary access to the site and/or the address that will be assigned to the
site at the time a building permit is requested. Detailed review to determine compliance with
the development standards for minimum yards and setbacks is recommended to be
administrative and to occur at the Buifding Permit stage. If primary access to the site is
provided from Evergreen Road, the garages located adjacent to the west property line will
heed to be Iocated to provide the required 15 foot rear yard setback.
. Proposed Reauired
Front yard 77 feet from the east 25 feet from the
(Evergreen) property line after east property line after
right-of-way dedication right-of way dedication
Flanking yard
(South Valley Arterial) 25 feet from the 25 feet from the
north property line north property line
Flanking yard (4hAvenue) 65 feet from the 25 feet from the
Future Acquisition Area Future Acquisition Area
Side yard (north) 5 feet 5 feet per story
Rear yard (west) 5 feet 15 feet
Parkinq Proposed Reauired
249 stalls including 204 stalls including
11 stalls for guest 11 stalls for guest
parking parking
Landscapinc~ The site development plan does not illustrate the required 25 feet of additional
right-of-way dedication along Evergreen Road. The twenty (20) foot-wide strip of Type I I I
landscaping required adjacenf to the Evergreen Road right-of way is currently encroaching
two feet into the additional right-of-way dedication and must be relocated to accommodate the
additional right-of-way. The relocation of the landscape strip wifl impact travel lane width
requirements and possible relocation of buitdings located adjacent to this travel lane.
ZE-88A-80 and ZE-36A-96
Staff Repart -April 3, 1598 Public Heanng
10 of 12
• ~ 1+ • • Proaosed Reauired
Adjacent to 41 Avenue, 20 feet of Type I!I 20 feet of Type I I I
Evergreen Road and the outside of right-of-way
proposed South Valley Arterial dedication and FAA
Adjacent to the north-and west
property lines where the 5 feet Type III 5 feet Type I I I
adjacent zoning is UR-3.5
Other Site Plan Conslderations: In addition to the required landscaping Secction14.622.365 of
the Spokane County Zoning Code requires a six (6)-foot•high concrete, masonry, or
decorative biock wall, solid landscaping or sight obscuring fence shall provided and
maintained on the boundary of any UR-22 zone that abuts a UR-3.5 zone.
The applicant has submitted a letter dated February 3, 1998, to the Division of Building and
Planning requesting relief frorn the fence requirement previously described pursuant to
Section 14.810.200 of the Spokane County Zoning Code, "Altemative Method of Compliance.
The applicant contends the west wall of the garage located near the west property line and
the required five (5) foot-wide strip of Type III landscaping atong this property line provides a
sufficient sight-obscuring barrier meeting the intent of the buffedng requirement identifred in
Section 14.810.200.
Review of requests for °Altemative Methods of ComplianceA is to be administrative and to
occur at the time a building permit is requested. Staff has determined that the proposed
pAlternative Method of Compliance° is at least equivalent to that prescribed in the Code terms
of implementing the general purposes of the Zoning Code. If the property is developed strictly
in compliance with the development standards for setbacks, landscaping and sight obscuring
buffering atong the west property line, the strip of land located between the buffering required
on the west property line and the west wall of the garages will become isolated and could
cause security and maintenance problems. However, the required setback along fhe west
property line cannot be detennined at this time. A 5 feet per story side yard setback or a 15
foot rear yard setback may be required depending upon primary access. Approval of the
"Aitemative Method of Compliance° is contingent upon the Hearing Examiner's approval of
the detailed site development p{an. The Division of Building and Planning has recommended
as Conditions of Approval that the proposal be developed in strict compliance with the site
development plan presented to the Hearing Examiner and the entire width of the setback
Iocated along the west property line adjacent to the proposed garage shall be tandscaped with
Type Ill iandscaping. Also, it is recommended that the west wall of the garages shall be solid
and shall not contain windows, doors or openings regardless the dimension of the setback.
Staff Recommendation: The proposal is generally consistent with the Goals, Objectives and
Decision Guidelines of the Urban category of the Comprehensive Plan taking into consideration
the density allowance for the underlying Urban Residential-22 (UR-22) zone (Section 14.622.305
of the Spokane County Zoning Code) and bonus density for direct public sewer hookup (Chapter
14.820 of the Zoning Code). The site devetopment plan and landscaping plan demonstrate
general compliancs with devetopment standards of the existing Urban Residential-22 (UR-22)
zone. Minor revisions to the site development plan will include possible setback revisions,
relocation of the required 20 foot wide strip of Type I I I landscaping along Evergreen Road outside
the 25 foot wide additional right-of-way dedication, building height reductions and modifications of
the sight-obscuring buffer required along the west property line in the vicinity of the proposed
ZE-88A-80 and ZE-36A-96
Staff RepoR - April 3, 1998 Pubtic Heacing
11 of 12
• • I c •
gatage (Section '14:622.365 of the Zoning 'Code). The Division, of Building and. Planning
recommends approval, as 'conditioned.
Attachments
A.. Maps,
o Vicinity Map, -
• Site Developmen#-and Landscape Plan
•Compre.hensive Plan _
o Zoning
B. Agency_an'd Public,Comments
~C: Condftions of Approval
ZE-88A;80 and ZE-36A-96
Staff,Repoit - Apri1 ~3„ 1998, Putitic, Hearing
12 of 12,
• O • •
ATTACHMENT A.
MAPS ,
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SITE•PLAN
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ATTACHMENT B
AGENCY AND PUBLIC COMMENT
e
' • w a . .
OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478
"ENCINEER'S CONDI'I'IQN$ QF APPRQVAL" ZQNE
TO Spokane County Planning Departme t
,
FROM Division of Engineering & Roads
~
DATE March 24, 1998
PROJECT: UR-22 C O C COMBINE TWO SITES INCREASE DENSITY
FILE ZE-0036A-96 and ZE-0088A-84/
Hearing 04/01/1998 @ 130 #3
Review Date 01/22/1998 Y C #
Sponsor/Applicant GREG ARGER
Sectlon Townshlp Range 22-25-44
Planner FR.ANCINE SHAW
Technical Review Date ( @ )
The Spokane County Engineering Department has reviewed the above referenced
application The following "Conditlons of Approval" are submltted to the
Spokane County Planning Department for inclusion in the "Flndings of Fact,
Conclusions and Order/Decision" should the request be approved '
Prior to issuance of a bulldzng pzrmit or at the request of the County
Engineer in conjunction with a County Road Project/Road Improvement
D} strict, whichever comes first
1 Applicant shall dedicate 25 feet on Evergreen RoGd, 2 5 fee-L on
Avenue and the appl?cable radius on Evergreen Road and 4`h Avenue
Prlor to release of a building permit or use of property as proposed
2 Access pQrmits for approaches to the County Road System sha11 be
obtained from the County Englnzer
3 P.pplicant shall submit for approval by the Spokane County Engineer
road, drainage and access plans
4 A parkinq plan and trairi-c circulat2.on p1Gn sha11 be submitted and
approved by the Spokane County Engznzer lhe design, location and
arrangement of parki-ng stalls shall b° in accordance wlth standard
eng1neer?ng practzces Pavinq or suriacing as approved by the County
Engineer wlll be requzred for any portion or the project whzch is to
,
be occupied or traveled by venzcles
CC Aoolicant GREG ARGLa
,
Engineer/Surve_or
Plannpr FF_MCivZ S-iAW
' • i. ► Page 2 of 2 , •
04/O1/1993
ZE-0036A-96 and ZE-0088A-80
5 The construction of the roadway zmprovements stated herein shall be
accomplished as approved by ~he Spokane County Engineer.
6 The County Englneer has designated a Collector Arterial Roadtrjay
Section for the improvement oi 4`h Avenue which is adjacent to the
proposed development This wlll require the addition of approxzmately
8 5 feet of asphalt along the frontage of the development Curbing Gnd
sidewalk must also be constructed
7. All required lmprovements shall conform to the current State of
Washington Standard Speciflcations for Road and Bridge construction
and othzr applicable county standards and/or zdopted resolutions
pertaining to Road Standards and Stormwater Managzment in eifect at
the date of construction, unless otherwlse approved by the County
Engineer.
8 The applicant shzll construct a paved and delinea-Led approach to meet
the existing pavement on Evergreen Road
_ 9. Roadway standards, typlcal roadway sections and drainagz plan
' requ1rements are found in Spokane Board of Coun-Ly Commissioners
resolution 95-0498 as amended and are applicable to this proposal
10 No construction work is to be performed withln the existina or
proposed right of way untll a permit has been issued by the County
Englneer. . All work within the public road right of way is subject to
inspection and approval by the County Englneer
11 All required construc-Lion within the e\?sting or proposed public riqht
of way is to be completed prlor to the release of a building permit or
a bond in an amount estimated by the County Engineer to cover tne cost
of construction or improvements shall be filed with the County
Engineer.
12 The County Arterial Road plan identifaes 9`h Avenue as a 70 foot
Collector Ar-Lerzal The exzsting rlght of way w1dth of right-or-l3Gy
measures 20 zeet in width and is not conslstent with that- speci-fzed in
the Plan zn order to implement the Arterizl Road Pian it is
recornmmend2d that in additlon to the required right of v,ay d~aica-Lior,
a s~rip oi property 12 5in wldth along the 4 `h Pvenue iront-Gge bE__ set
aside in reserve Thzs property may be acquired by Spokana Coun~y Gz
the t?rne tihen Prterial Improvemcnts aYe m«de to 4 `h Avenue
. , ,
Page 3 0f 3
04/O1/1998
ZE-0036A-96 and ZE-0088A-80
13 The applicant should be advised that there may exist utilities e?ther
underground or overhead affecting the applicants property, including
property to be dedlca~ed or se~ aside future acquisition SpokanE
County wlll assume no financzal obliqation for Gd3ustments or
relocation regarding thzse utillties The applicant should check with
the appl?cable utilities and Spokane County Engineer to determine
whether the applicant or utility is responsible for adjustment or
relocation costs and to make arrangements for any necessary work
14 The applicant shall grant appllcable border easements adjacent to
Spokane County Right of way per Spokane County Standards
' rptComments txt
. y . To FRANCINE SHAW (Building & Planning)
CC KEVIN COOKE (Utilities)
SUSAN MITCHELL (Hearing Examiner)
From JIM RED (Utilities)
Date 3/20/98
Sub3ect ZE-0088A-80 Stage Hearing Examiner
Phase
Change of Cond/Sewer Density
Bonus
A wet (live) sewer connection to the area-wide Public Sewer System
is to be constructed Sewer connection -
permit is required
.
Applicant shall submit expressly to Spokane County Utilities Depart
ment "under separate cover", only those
plan sheets showing sewer plans and specifications for the public s
etaer connections and facilities for review
and approval
The plans shall be submitted prior to the issuance of the sewer coz
nection permit
Security shall be deposited with the Utilities Department for const
ruction of the public s2wer connections
and facilities
Arrangements for payments of applicable sewer charges must be made
for prlor to issuance of sewer connection
permit
Any water service for thls pr03ect shall be provided in accordance
with the Coordinated Water System Plan for
Spokane County, as amended
Page 1
I • SPOKANE REGIONAL HEALTH DISTRICT
ENVIRONMENTAL HEALTH DIVISION
INTEROFFICE MEMO
DATE March 16, 1998
~
TO Francine Shaw, Senior Planner, Spokane County Building and Planning
Division .
FROM Donald T Lynch, EHS II - EHD, SRHD
~ SUBJECT Change of Conditions for ZE-88A-80 / ZE-36A-96 (Arger)
The Spokane Regional Health District has reviewed the above mentioned
action The proJect is required to connect to public water and sewer We offer
no additional comment
planning Itr1 ze-88a-801 pa
01/23/98 FRI 15 07 FAX 509 892 4125 SPOK~.►~~E VALLEY FIRE DEPT rO002
. . •
~ SPOtCANE VALLEY FIRE DEPARTMENT
,
' i Spokane County F1re Dlstnct 1
10319 EAST SPRAGUE AVE • SPOKANE, WA 99206•3676 •(509) 92e-1700 • FqX (5pq)gq2.q i25
! R Pa1 Numphvies
i Chlef
~
January 23, 1998
~
i
Francine Shaw
; Departaent of
~ Huilding and Planning
, 1025 W. Broadw4y
Spokane, WA 99260
I RE: Change of Conditions
~ ZE-68A-80 & ZE-36A-96
; '
The Spokane Valley Fire Dep~'~ent has no objections to this
change of condit3ons for this praPosal. We will have an access
problem with the Island located in the access,from the Public
Roads. This can be addressed at pre-construction.
i
i
I
;
Since ely,
evin Miller
Fire Inspector
i KM/ s a
I
~
i
~
,
~
i ~ *9c' 7
4
~
0
M E M O R A N D U M
DATE• November 20, 1997
TO Francine Shaw, Division of Builg nd Platuung
~ . _Y, I ' 4u-
FROM ~ ❑ a Sims and Kathenne ~ er, ate Resources
RE Change of Condhtion for ZE-88A-80C
C C FTLE
On the application for a change of condition the applicant states under the
PROPOSED CHANGE OF CONDITlONS Landscape plan, development plan, `208'
stormwater runoff, SEPA's Notice of Action, Chapter 43 21C RCW compliance
While the application was confusing to us, it is our understanding that the "change of
condition" that the appiicant is attempting to do is to provide more details on landscape,
development and stormwater issues This information will be presented to the Hearing
Examiner If this is the case, then we recommend approval of this change of condition If this
is not the case, we recommend an application be submitted that clarifies what the purpose and
intent of the request is
• ,
K 1StcrmIKATHRINE1DESiGN\2e3Ea-aCc doc
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Shaw, Francine-'
From Hemmings, Bill
Sent Thursday, November 13, 1997 9 00 AM
To Shaw, Francine
Cc Harper, Pat, Franz, Dean, Kimball, Sandy, Engelhard, Scott, Pederson, John
Subject ZE-88A-80C - Greg Arger
11-13-97
I received the above referenced proJect application on Nov 12, 1997
The SCS Soils Map identifies this area as being Garrison Gravely Loam soils The soil survey in
this area is known to be accurate Therefore, since this is an approved soil for stormwater
disposal, no concept drainage plan is required We have no information that says there are any
cntical areas on this site
I consider this proposal to be technicaily complete
I recommend using the standard drainage condition
~'c~'~fe~x~ccorqa .
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Nav 1 31997
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ATTACHMENT C
CONDITIONS OF APPROVAL
• .
RECOMMENDED CONDITIONS 4F
APPR01iAL FOR
ZE-88A-80 and ZE-36A-96
FIMEMI
,x,3u,
~ II" ~ III DIVISION OF BUILDING AND PLANNING
Sl'OK:AISM COUI~M
1 All conditions imposed by the Hearing Examiner shail be binding on the "Applicant", which
term shall include the owner or owners of the property, heirs, assigns and successors
2 The zone change applies to the following real property
3 The proposal shall comply with the Urban Residential-22 (UR-22) zone, as amended
4 The applicant shall develop subJect property in strrct conformance with the site plan
presented to the Hearing Examiner on April 3, 1998 All aspects of the concept and
proposal shall be binding on the development, including proposed use Variations, to be
approved by the Directo'r of the Division of Building and Planning/designee, shall only be
allowed to meet regulation standards and conditions of approval Any other modification
must be presented to the Hearing Examtner for review and approval
5 Approvai is required by the Director of the Division of Building and Planning/designee of a
specific lighting and signing plan for the described property prior to the release of any
butlding permits
6 Direct light from any exterior area lighting fixture shall not extend over the property
boundary
7 A specific landscape plan, planting schedule and provisions for maintenance acceptable
to the Director of the Division of Building and Pianning/designee shall be submitted with a
performance bond or other suitable guarantee for the project or other suitable guarantee
prior to release of building permits Landscaping shall be installed and maintained so that
sight distance at access points is not obscured or impaired
8 The entire width of the setback established along the west property line within the vicinity
of the proposed garages shall be landscaped with Type III landscaping
9 No openings, including doors and/or windows, shall be permitted in the west wall of the
garages located adjacent to the west property line
10 The Spokane County Division of Building and Planning shall prepare and record with the
County Auditor a Title Notice specifying a future land acquisition area for road nght-of-way
and utilities The reserved future acquisition area Titie Notice shall be released, in full or
.
in part, by the Division of Building and Planning The notice should be recorded within the
same time frame as an appeal and shall provide the following
a At least 12 5 feet of reserved future acquisition area for road right-of-way and
utilities, in addition to the existing and/or newly dedicated right-of-way along 4'h
Avenue NOTE The County Engineer has required 25 feet of new dedication on
Evergreen Road, 2 5 feet of new dedication on 4`h Avenue and the dedication of the
applicable radius on Evergreen Road and 4t'' Avenue
b Future buiiding and other setbacks required by the Spokane County Zoning Code
shall be measured from the reserved future acquisition area
c No required landscaping, parking, '208' areas, drainfield or allowed signs should be
located within the future acquisition area for road nght-of-way and utilities If any of
the above improvements are made within this area, they shall be relocated at the
applicant's expense when roadway improvements are made
d The future acquisition area, until acquired, shall be private property and may be used
as ailowed in the zone, except that any improvements (such as landscaping,
parking, surface drainage, drainfieid, signs or others) shall be considered interim
uses
e The property owner shali be responsible for relocating such "interim" improvements
at the time Spokane County makes roadway improvements after acquiring said
future acquisition area
11 The Division of Building and Planning shall prepare and record with the Spokane County
Auditor a Title Notice noting that the property in question is subject to a variety of special
conditions imposed as a result of approval of a land use action This Title Notice shall
serve as public notice of the conditions of approval affecting the property in question The
Title Notice should be recorded within the same time frame as allowed for an appeal and
shall only be released, in fuil or in part, by the Division of Building and Planning The Title
Notice shall generally provide as foliows
The parcel of property legally described as [ ] is the subject of a land use
ac4ion by the Spokane County Hearing Examiner or Administrative Officiai on April
3, 1998, imposing a variety of special development conditions. File No.'s ZE-88A-80
and ZE-36A-96 are available for inspection and copying in the Spokane County
Division of Building and Planning.
12 The applicant shall receive approval of a Certificate of Exemption for a minor lot line
adJustment to aggregate the subject tax parcels into a single tax parcel If the properties
are not aggregated then the appropriate land division approvals shall be obtained for each
tax parcel consistent with RCW 58 17, the Spokane County Subdivision Ordinance and all
other applicable local, state and federal ordinances and development regulations, as
amended
13 Any division of the subJect property for the purposes of creating additional lots/parcels
shali be reviewed by the Director of the Division of Building and Planning/designee for
compliance with the Spokane County Subdivision Ordinance and all other applicable local,
state and federal ordinances and development regulations, as amended
.
• •
14 A filed aviation easement satisfactory to the Spokane International Airport Board, Fairchild
Air Force Base and/or other air traffic control agency shall be provided prior to the Division
of Building and Planning sign-off on a building permit
15 Building height shall be limited to 35 feet for the west 165 feet of the subject property
16 The owner shall negotiate with Central Valley School District and submit a recorded copy
of the voluntary agreement making provisions for public schools prior to the issuance of
any building permit The agreement shall provide a written description of the subJect
property to which the agreement applies and also state the dollar mount and any other
agreed mitigating measures
Voluntary agreements between the applicant and the school district shall conform to the
requirements of RCW Chapter 82 02
This condition applies to the west 165 feet of the subject property, only
17 The applicant shall contact the Division of Building and Planning at the earliest stage
possible in order to be informed of code requirements administered/enforced and
authorized by the State Building Code Act Design and development concerns include
addressing, pnmary and fire apparatus access roads, fire hydranUflow, approved water
systems, building accessibility, construction type, occupancy ciassification, exiting,
exterior wall protection, and energy code requirements (NOTE The Division of Building
and Planning reserves the right to confirm the actual address at the time of building
permit ) •
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S P O K A. N1-=z ~ n:~, -~C O U N"~ Y
BUILDINC AND PLANNTNG • A DJVISiON OF THC PUBLIC WOKK5 DEPARTTIENT
JAmFS L MANSON, C B O, DIRECTOR DCNN1S I~~TA~MR~ OR
y~ y R 0odS
.
,886i 9933
DATE February 17, 1998 C13A'.30
TO 3 ~v ~ J • (~i ~ ► ' Im Tar~u~e-~r
,
Spokane County Division of Utilities, Jim Red
RE
Spokane Regional Health District, Steve Holderby g 1 g ~~9~
Development Engineering Services, Bill Hemmings ~ E
Spokane County Parks, Recreation & Fair, Steve Horobiowski SPOKANEcoUz~NGINL--'{
Stormwater LTtility, Brenda Sims
WA State Department of Transportation, Mark Rohwer
Spokane Regional Transportation Council, Glenn Miles
Spokane Translt Authority, Christine Fueston .
Spokane County Boundary Review Board, Susan Winchell
Long Range Planning Division, John Mercer
Central Valley School District No 356
Spokane County Fire Pratection District No 1
Vera Water & Power
FROM Francine Shaw, Senior Planner :sa
RE Change of Conditions for ZE-83A-80C and ZE-36A-96
Enclosed is the revised slte development plan for the above referenced proposal
Revisions include existing parcel lines, corrected dimension of south and east property
lines, landscaping, buiIding setback Iines, fencing, and guest and RV parking areas
This version replaces that circulated to your office on December 29, 1997 No
comments are being requested as the proposed design changes should not impact the
comments received previously from agencies If you have any questions, you may
contact me at 456-3675, eact 218
kc
Enclosure(s)
c G P& M J Finch, 4323 S Evergreen Road, Veradale, WA 99037
Greg Arger, 300 N Mullan Road, Suite 204, Spokane, WA 99206
1026 LVEST BIZOADW-\1' AVENUE • SPOKr\NE, WASHINCTON 99260
PxoNE (509) 456-3675 • FtL\ (509) 456-4703
TDD (509) 324-3166
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` ~ ` ~ • ✓
OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478
"ENGINEER'S CONDITIQNS QF APPRQVAL" ZQNE
TO Spokane County Planning Departme t
FROM Divislon of Engineering & Roads
~
DATE March 24, 1998 rv
PROJECT: UR-22 C O C COMBINE TWO SITES INCREASE DENSITY
FILE ZE-0036A-96 and ZE-0088A-80/
Hearing 04/01/1998 @ 130 #3
Review Date 01/22/1998 Y @ #
Sponsor/Applicant GREG ARGER
Section Township Range• 22-25-44
Planner FRANCINE SHAW
Technical Review Date ( @ )
The Spokane County Engineering Department has reviewed the above referenced
application The following "Conditions of Approval" are submltted to the
Spokane County Planning Department for inclusion in the "Findings of Fact,
Conclusions and Order/Decision" should the request be approved
Prior to issuance of a building permit or at the request of the County
Engineer in conjunction with a County Road Pro]ect/Road Improvement
District, whichever comes first
1 Applicant shall dedicate 25 feet on Evergreen Road, 2.5 feet on 4th
Avenue and the applicable radius on Evergreen Road and 4t" Avenue
Prior to release of a building permit or use of property as proposed
2. Access permits for approaches to the County Road System sha11 be
obtained from the County Engineer.
3. Applicant shall submit for approval by the Spokane County Engineer
road, drainage and access plans.
4 A parking plan and traffic circulatlon plan shall be submitted and
approved by the Spokane County Engineer. The design, location and
arrangement of parking stalls shall be in accordance with standard
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
CC Applicant GREG ARGER
Engineer/Surveyor '
Planner FRArVCINE SHAW
a • ti • •
Pagce'2 of 2
04/O1/1998
ZE-0036A-96 and ZE-0088A-80
5. The construction of the roadway improvements stated herein shall be
accomplished as approved by the Spokane County Engineer.
6 The County Engineer has designated a Collector Arterial Roadway
Section for the improvement of 4th Avenue which is ad]acent to the
proposed development. This will require the addition of approximately
8.5 feet of asphalt along the frontage of the development. Curbing and
sidewalk must also be constructed
7 All required improvements shall conform to the current State of
Washington Standard Speciflcations for Road-and Bridge construction
and other applicable county standards and/or adopted resolutions
pertaining to Road Standards and Stormwater Management in effect at
the date of construction, unless otherwise approved by the County
Engineer.
8 The applicant shall construct a paved and delineated approach to meet
the existing pavement on Evergreen Road. .
9. Roadway standards, typical roadway sections and drainage plan
requirements are found in Spokane Board of County Corftmissioners
resolution 95-0498 as amended and are applicable to this proposal.
10. No construction work is to be performed within the existing or
proposed right of way until a permit has been issued by the County
Engineer All work within the public road right of way is sub3ect to
inspection and approval by the County Engineer
11 All required constructlon wlthin the existing or proposed public right
of way is to be completed przor to the release of a building permit or
a bond in an amount estlmated by the County Engineer to cover the cost
of construction or improvements shall be filed with the County
Engineer.
12. The County Arterial Road plan identifies 4th Avenue as a 70 foot
Collector Arterial The existing right of way width of right-of-way
measures 20 feet in wldth and is not consistent wlth that specified in
the Plan In order to implement the Arterial Road Plan it is
recommended that in addition to the required right of way dedlcation,
a strip of property 12.5 in width along the 4t'' Avenue frontage be set
aside in reserve This property may be acquired by Spokane County at
the time when Arterial Improvements are made to 4th Avenue
~ • •
Pag&- 3 of 3
04/Ol/1998
ZE-0036a-96 and ZE-0088A-80
13. The applicant should be advised that there may exist utilities either
underground or overhead affecting the applicants property, including
property to be dedicated or set aside future acquisition. Spokane
County will assume no financial obligation for adjustments or
relocation regarding these utilities The applicant should check with
the applicable utilities and Spokane County Engineer to determine
whether the appllcant or utility is responsible for adjustment or
relocation costs and to make arrangements for any necessary work.
14 The appllcant shall grant applicable border easements adjacent to
Spokane County Right of Way per Spokane County Standards.
Kimball, Sandy
From Hemmings, Bill
Sent Tuesday, May 26, 1998 9 37 AM
To Shaw, Francine
Cc Engelhard, Scott, Pederson, John, Harper, Pat, Kimball, Sandy, Busko, Doug, Miller, Katherine
Subject ZE-88A-80 and ZE-36A-96 - Change of Conditions
5-26-98
I received the above referenced aNNlication on May 22, 1998
This project lies in an area of approved soils so a concept drainage plan is not required
I have no knowledge of any critical areas on this site
I consider this application to be technically complete
I recommend using the standard drainage condition for this proposal
Fe&'WeWM6tp
Page 1
Kimball, Sandy
From Hemmings, Bill
Sent Monday, January 19, 1998 4 15 PM
To Shaw, Francine
Cc Engelhard, Scott, Pederson, John, Harper, Pat, Kimball, Sandy, Franz, Dean
Subject RE ZE-88A-80 & ZE-36A-96 - Change of Conditions
Importance High
I have no comment on the SEPA checklist that was sent to me
From Hemmings, Bill
Sent Thursday, January 15, 1998 9 55 AM
To Shaw, Francine
Cc Engelhard, Scott, Pederson, John, Harper, Pat, Kimball, Sandy, Franz, Dean
Subject RE ZE-88A-80 & ZE-36A-96 - Change of Conditions
Importance High
I should have said that I have no objection to the change of condition request
From Hemmings, Bill
Sent Wednesday, January 14, 1998 10 17 AM
To Shaw, Francine
Cc Engelhard, Scott, Pederson, John, Harper, Pat, Kimball, Sandy, Franz, Dean
Subject ZE-88A-80 & ZE-36A-96 - Change of Conditions
1-14-98
I received the above referenced application on Jan 14, 1998
I have no objection to a six month time extension request
V(&'W
Page 1
Kimball, Sandy
From Hemmings, Bill
Sent Thursday, January 15, 1998 11 55 AM
To Shaw, Francine
Cc Engelhard, Scott, Pederson, John, Harper, Pat, Kimball, Sandy, Franz, Dean
Subject RE ZE-88A-80 & ZE-36A-96 - Change of Conditions
Importance High
I should have said that I have no objection to the change of condition request
From Hemmings, Bill
Sent Wednesday, January 14, 1998 10 17 AM
To Shaw, Francine
Cc Engelhard, Scott, Pederson, John, Harper, Pat, Kimball, Sandy, Franz, Dean
Subject ZE-88A-80 & ZE-36A-96 - Change of Conditions
1-14-98
I received the above referenced application on Jan 14, 1998
I have no objection to a six month time extension request
Ow q&aadap
Page 1
.
• • . County Public Works,
Transportation • - • - •
/ o • ounty Eng •
Memo
To: Spokane County Building and Planning
Pianner: FRANCINE SHAW
~
From: Scott Engelhard, Transportation Engineering SP & DES Coordinator
r
Subjecf: ZE-0088A-80 COC GA TO UR-22 208 8 LANDSCAPING
Technical Review Date 11/20/1997@ 2 15
Applicant: GREGORY FINCH
Date: November 20, 1997
. RE: Technical Review
After review of, ZE-0088A-80 COC GA TO UR-22 W08 &F LANDSCAPING Spokane County
Transportation Engineering Section is requesting additional traffic information
Once a determination of Counter Complete status by the Planning Department has been made,
please suspend the Technical Completeness Review for this project until such time as additional
information is submitted and reviewed
The requested information is a traffic analysis scoped by Spokane County Engineers
Thank you for your consideration in this matter
I , .
M E M O R A N D U M
DATE November 20, 1997
TO Francine Shaw, Division of Building and Planning
FROM Brenda Sims and Katherine Miller, Water Resources
RE Change of Condition for ZE-88A-80C
CC FILE
On the application for a change of condition the applicant states under the
PROPOSED CHANGE OF CONDITIONS: Landscape plan, development plan, '208'
stormwater runoff, SEPA's Notice of Action, Chapter 43 21 C RCW compliance
While the application was confusing to us, it is our understanding that the "change of condition"
that the applicant is attempting to do is to provide more details on landscape, development and
stormwater issues This information will be presented to the Hearing Examiner If this is the
case, then we recommend approval of this change of condition If this is not the case, we
recommend an application be submitted that clarifies what the purpose and intent of the request
is
C 1WINDOWSITEMPize88a SOc doc
~
. . , ,
MEMORANDU M
DATE November 17, 1997
TO• Francine Shaw, Division of Building and Planning
FROM Brenda Sims and Katherine Miller, Water Resources
RE Change of Condition for ZE-88A-80C
CC FILE
On the application for a change of condition the applicant states under the
PROPOSED CHANGE OF CONDITIONS: Landscape plan, development plan, '208'
stormwater runoff, SEPA's Notice of Action, Chapter 43 21 C RCW compliance
As this is stated it is unclear as to what the applicant wants changed In speaking with Francine
Shaw of the Division of Building and Planning, it was explained that the applicant wants to
change the SEPA notice of Action condition If this is so, it needs to be clearly stated We are
confused as to why '208' stormwater runoff is listed for a change of condition along with
landscape and development plan when the issue is supposed to be on the SEPA notification
process
We request further clarification of exactly what the applicant is asking to change and re-
submittal of the application Based on the submitted application, we recommend denial
C 1WIND0WS1TEMP1ze88a-80c.dac
. , . ,
I ~~E 1
I '
S P O K A N E ~ C O U N T Y
DIVISION OF ENGII`rEERIVG AND ROADS • A DIVISIOIV OF THE PLJBLIC WORKS DEPARTV1ENT
William A Johns, P E, County Engineer Dennis M Scott, P E, Director
MEMO
TO Development Community
.
FROM Bill Johns, PE - County Engineer
DATE March 24, 1997
SUBJECT Frequently Asked Questions Regarding Fee Agreements
1. What is aa Aareement to Pav Fees 9
The current "Agreement to Pay Fees" was authorized througb ResoluUon No 80-1592 that was
adopted by the Spokane Couoty Commissioners on December 22, 1980. The Resolution authori•r,es thc
County Engineer to collect a fee for Ume that is erpended by Spokane County personnel w6o are
charged with review and inspection duties that are reqwreci to be performed for the applicable
development proposals The fee agreement is based on the indiviciuals actual hme spent plus 10%
These costs are billed out on a monthly basis The amouot of hme spent on review of a project will be
directl3 proportional to the complexity of the proposal and the quality of the submittals from the
applicant and his agents. It is the goal of Spokane County to minimize as much as possible our re~'iel'V
and insWection time on a project. If the applicant selects agents to represent him who are familiar
with the process and submittaVinspechon requirements and these reqwrements are followed, there
should be a savings in fees that are charged to him by the County
2. When do I need to submit the Amement to Pav fees9
For all plats and only those zone changes that will reywre a concept drainage plan, the fee agreement
should be submitted wrth the project application as per Spokane County Resolution No 96-0293
Failure to subm,t the reqwred agreement will cause the Division of Engineeriag to have to issue an
immediate nohce that the applicahon is technicallv mcomolete The fee agreement that is submitted
should be a properly executed onginal Faxed copies are not acceptable Unnecessary delay to the
review process can be avoided by submitting the agreement with the application. When the
agreement is received, Spokane County personnel can begin the review of the application material
3. If I do not lil.e the fee agreement i's hat else can I do?
At the present time the fee agreement is the only mechanism for cost recover-y that we are authonzed
to employ. A lump sum type of fce is presently being studicd by Staff and is being implemented in thc
review of commercial building permits If this method proies to be more acceptable to the County
and the public, it is lil.ely that an up front fee will be charged for each pro,Ject for proJect review
If you have any questions, regarding the above referenced fee agreements, please contact Bill
Hemmings or anY other Development Services Eng-ineer at 456-3600
1026 4V Broadway Ave • Spokane, WA 99260-0170 9 (509) 456-3600 FAY (509) 324-3478 TDD (509) 324-3166
a. ► "
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, -.30 qNE .OL1NT1j
S C U U N T Y
f~iVIS10N OF FNCINGFRING AND ROADS • 1~IVISION OF T11E I'UfIIJC WORKS ~L•i'AOTKf[NT
William A. Johns, r.r•.., County L•ngineer Dennis M. Scott, P.F., f)irectar
~
~ A,NNING
AGREEMENT TO PAY I+,TES*
I+;iVGINrCR'S AGRCCMENT NUrV1BER e? i~)
This agreement hetween Spokane County and 'C6:re'r I
wliose interest in ttle Project is .
is entered into this daY of 19 7-1 This agreement is aPplicable to the project
known as : ~ °L ~l/'G /~°~t'i ~~~i • ~ 'C'C~ .
(Prr"ci nuaress or Tiicna ~
That the individuals and parties named herein as having an interest in the above described property or project agree
to the following:
I. Reirnhurse Spokane Coiinty for project review and insrection fees as specified in Chapter 9.14 of
tlie Spokane County Cocie. Tlie fees will be hased on actual salary costs incurred by Spokane
County for project reviews and / or inspections plus a ten percent administrative charge, and will
he billed monthly as acenied. Any billing arnounts due, including any expenses incurred in the
collection of an overdue account, must be paid prior to the County's acceptance of the project for
filing. IF aproject is approved ancl/or filed witli a balance still owing, tlie unpaici halance shall hc
paid within 30 days oF the invc►ice date.
2. Tlle unclersigned agrees that tliese fees are due and payable upon receipt of (lie billirig as specif ied
above.
3. Any invoices not paid within 30 ciays of the invoice date will be considered delinquent. Tf any
oiitstanding balance on the account for ihis Project is not paid within 30 days of t11e invoice date,
no furttier reviews of the rroject documents will be conducted tintil the entire account balance is
paid. Any balance on the aceount for tllis project not paid witiiin 65 clays of the invoice clate may
result in legal action or tlie initiation of other collection procedures, incluciing referral to a
callection agency. The Sponsor will he liahle for any and all expenses incurred hy tlle County for
tlie collection of overdue accounts.
4. Tlie niorithly billinb shrnilci he sent to (lie attention of:
NAME: t4k .
~
ADDRESS: 34940 /J'
C1TY, STATE: s 7 j/
ZIP CODE: ! V020 /C:~-7
PfiONE t757) 7 ' 7 2~6,0 ',r31 I
I understancl tliat failure to pay Ihese fees may result in delay in completion or approval of the project or otlier
possihle sanctions.
❑ If this fee agreement is compteted by someone other than the Sponsor (i.e., the project owner or a
principal in the firm sponsoring the project) such as the Engineer ciesigning the project, then
written authori7.ation frothe Sponsor s c' I ally authorizing the Agent to execiite this Fee
Agreement is attaciied to ii fee Agree r01 ~
SIGNATURC [3y: •
~ (['R1NT NAME)
I
R[~',TC1i2N YEi.I,OW COPY TQ SPOKANE COUNTY r,NGiNrF.RS
k\slnagrtefee.doc 2/1/96
1026 W Rroadway Ave Sroknnc WA 99210-0170 (509) 456-3600 rAX: (509) 324-3478 TT)n: (509) 324-3166
~
PAGE 1 11:26:54 13 NOV 1997
Road# Road Names.. MPost Reference Descriptio Road Log Info.
05832 4TH AV (START) 00 000 HAVANA ST & SPOKANE U 16 PAVED 36
4TH AV 00 120 DEARBORN RD (END) U 16 PAVED 36
00 240 CUSTER RD (END) U 16 PAVED 14
00 370 CHRONICLE RD (END) U 16 LIGHT BITUM 24
00.470 WARSINSKE AV (END) U 16 LIGHT BITUM 24
00.500 CARNAHAN RD (END) U 16 LIGHT BITUM. 24
00.670 MCKINNON RD (END) U 16 LIGHT BITUNI 24
00 790 KOREN RD (END) U 16 LIGHT BITUM. 24
00.880 HOWE ST (END) U 16 LIGHT BITUM 22
01 000 FANCHER RD (END) U 16 LIGHT BITUM 22
01.260 EASTERN RD U 16 LIGHT BITUM 24
01.450 DAVID ST (STAR.T) U 16 LIGHT BITUM 20
01.520 THIERMAN ST U 17 PAVED 20
Ol 580 ELIZABETH RD (START) U 17 PAVED 20
01 640 BRADLEY RD U 17 PAVED 20
01.780 COLEMAN RD U 17 PAVED 20
01.890 GIRARD RD U 17 PAVED 20
4 TH AV ( END ) 02.030 PARK RD
05834 4TH AV (START) 00.000 STEEN RD U 19 GRAVEL 26
4TH AV 00.120 FLOR.A RD U 19 GRAVEL 26
00.190 COACH ST ( END ) U 19 PAZTED 40
00 270 ARC ST (START) U 19 PAVED 40
4TH AV (END) 00 370 TSCHIRLEY RD U 19 PAVED 40
05835 4TH AV (START) 00 000 LONG RD U 19 PAVED 27
4TH AV 00 150 MOEN ST (START) U 19 PAVED 16
00 240 GREENACRES RD (START U 19 PAVED 16
00 490 BARKER RD U 19 PAVED 16
4TH AV (END) 01 000 HODGES RD U 19 LIGHT BITUM. 16
06045 4TH AV (START) 00 000 FARR RD U 17 PAVED 20
4TH AV 00 230 HER.ALD RD (END) U 17 PAVED 20
00 380 FELTS RD (END) U 17 PAVED 20
00 630 UNIVERSITY RD U 17 PAVED 20
00.700 VAN MARTER RD (END) U 17 PAVED 20
00 880 PIERCE RD U 17 PAVED 20
4TH AVE 00 980 SKIPWORTH RD (START) U 17 PAVED 20
4TH AV Ol 140 BOWDISH RD U 17 PAVED 20
01.230 WILBUR RD (END) U 17 PAVED 20
Ol 290 FOX RD (END) U 17 PAVED 20
01 360 UNION RD (END) U 17 PAVED 20
Ol 380 UNION RD (START) U 17 PAVED 20
01 540 WHIPPLE RD (START) U 17 PAVED 20
01.630 SR 27 (PINES) U 17 PAVED 20
01.740 HOUK RD (END) U 17 PAVED 20
01 860 VERCLER RD (END) U 17 PAVED 20
01 920 LETA RD (END) U 17 PAVED 20
02 150 MCDONALD RD U 17 PAVED 20
02 400 BLAKE RD U 17 PAVED 40
02 470 LEATHA LN (START) U 17 PAVED 40
02 650 EVERGREEN RD U 17 PAVED 20
02 780 BOLIVAR RD (END) U 17 PAVED 20
02 870 BEST RD (START) U 17 PAVED 20
02 940 REES CT (START) U 17 PAVED 20
03.090 WARREN RD (END) U 17 PAVED 20
03.150 ADAMS RD U 17 PAVED 20
03.320 BURNS RD (START) U 17 PAVED 20
03 360 LUCILLE LN (PRIVATE U 17 PAVED 20
PAGE 2 11:26:56 13 NOV 1997
Road# Road Names... MPost Reference Descriptio Road Log Info...
03.400 PROGRESS RD U 17 PAVED 20
03 460 ST CHARLES RD (START U 17 PAVED 20
03.580 NEWER ST (END) U 17 PAVED 20
03.660 SULLIVAN RD U 19 LIGHT BITUM 20
04 030 CANNERY RD (START) U 19 LIGHT BITUM. 20
4 TH AV ( END ) 04 160 CONKL I N RD ( S TART )
05833 4TH AV (START) 00.000 DISHMAN-MICA RD U 17 LIGHT BITUM 22
4 TH AV ( END ) 00 240 FARR RD ( S TART FA U 17 L I GHT B I TUM 22
05836 4TH AV EXT (FOUR LAK 00 000 4TH AV (FOUR LAKES) R 09 GRAVEL 14
4TH AV (FOUR LAKES) 00 100 ELECTRIC AVE
00.170 ELENORE RD
4TH AVE EXT 00.380 ORCHARD HEIGHTS RD (
4TH AVE EXT (END) 00.440 ENDS AT PRIVATE DRIV
05837 4TH AV (FOUR LAKES) 00.000 SPOKANE ST (FOUR LAK R 09 GR.AVEL 14
00.070 CHENEY ST (FOUR LAKE R 09 GRAVEL 12
00.310 4TH AV EXT (FOUR LAK R 09 GR.AVEL 10
00 630 ENDS AT PRIVATE DRIV R 09 GR.AVEL 10
05838 4TH AVE (START) 00 000 HENRY RD U 19 PAVED 36
4TH AVE 00 060 BILLY JACK CT (START U 19 PAVED 36
4TH AVE (END) 00 200 ASHTON ST (START) U 19 PAVED 36
05839 4TH AVE (MEAD) (STAR 00.000 FREYA ST (MEAD) R 09 LIGHT BITUM 20
4TH AVE (MEAD) 00.070 MAIN ST (MEAD) R 09 LIGHT BITUM. 20
00.130 MARKET ST R 09 LIGHT BITUM. 16
00 250 MYRTLE ST (MEAD) R 09 GRAVEL 30
4 TH AVE ( MEAD ) ( END ) 00 380 R.AI LROAD AVE ( END ) R 09 GRAVEL 30
06266 4TH CT (START) 00 000 WILSON ST U 19 PAVED 36
4TH CT (END) 00 040 EAST END OF ROAD U 19 PAVED 36
06267 4TH CT (START) 00 000 WEST END OF ROAD U 19 PAVED 36
4TH CT (END) 00 040 SHERIDAN ST (MEAD) U 19 PAVED 36
11 Records Processed
PAGE 1 11:27.46 13 NOV 1997
Road# Road Names. . MPost Reference Descriptio Road Log Info
01170 EVERGREEN RD (START) 00 000 32ND AV U 14 PAVED 22
EVERGREEN RD 00 160 30TH AV (END) U 14 PAVED 22
00 240 28TH AVE (START) U 14 PAVED 22
00 320 27TH AV (END) U 14 PAVED 22
00 390 26TH AVE (START) U 14 PAVED 22
00 500 24TH AV U 14 PAVED 36
00 590 23RD AV (START) U 14 PAVED 36
00 600 23RD CT (END) U 14 PAVED 36
00 700 21ST AV U 14 PAVED 36
00 750 20TH AVE U 14 PAVED 36
00 830 19TH AV (START) U 14 LIGHT BITUM 22
00 880 18TH AVE (END) U 14 LIGHT BITUM 22
00 940 17TH AV (END) U 14 LIGHT BITUM 22
01 000 16TH AVE U 14 LIGHT BITUM. 22
01 260 12TH AV U 14 LIGHT BITUM 22
01 410 9TH CT (START) U 14 LIGHT BITUM 22
01 440 9TH AV (END) U 14 LIGHT BITUM 22
01 510 8TH AV U 14 LIGHT BITUM 22
01 640 6TH AV (START) U 14 LIGHT BITUM 22
01 670 5TH CT (END) U 14 LIGHT BITUM. 22
01 690 5TH AV (START) U 14 LIGHT BITUM 22
Ol 760 4TH AV U 14 LIGHT BITUM 22
01 840 3RD AVE (START) U 14 LIGHT BITUM 22
02 020 SPR.AGUE AV U 14 PAVED 38
02 110 RIVERSIDE AV (END) U 14 LIGHT BITUM 22
02 170 MAIN AV (END) U 14 LIGHT BITUM 22
02 230 NIXON AV (START) U 14 LIGHT BITUM. 22
02 260 VALLEYWAY AV (END) U 14 LIGHT BITUM 22
02 290 VALLEYWAY AV (START) U 14 LIGHT BITUM 22
02 450 SPRINGFIELD AV (STAR. U 14 LIGHT BITUM 22
02.520 BROADWAY AV U 14 PAVED 24
02.580 MALLON AV (START) U 14 PAVED 24
02 640 CATALDO AV (START) U 14 PAVED 24
02 710 DESMET AV (START) U 14 PAVED 24
02 770 BOONE AVE (START) U 14 PAVED 24
02.830 SHARP AV (START) U 14 PAVED 24
EVERGREEN RD (END) 02 990 MISSION AV U 14 PAVED 24
01171 EVERGREEN RD (STAR.T) 00 000 SOUTH END TO SR 290 U 19 PAVED 36
EVERGREEN RD 00 110 TRENT (SR-290) U 19 PAVED 36
00 220 ROCKWELL AV U 16 PAVED 20
00 270 RICH (NONESTABLISH-S U 16 PAVED 20
00 280 RICH AVE (END) U 16 PAVED 20
00 460 HEROY AV (END) U 16 PAVED 20
00 530 WELLESLEY AVE U 16 PAVED 20
00 850 CROWN AVE (END) U 16 PAVED 20
00 950 SANSON AV & FORKER R U 16 PAVED 20
01213 EVERGREEN RD (START) 00 000 SOUTH END TO 43RD AV U 19 PAVED 30
EVERGREEN RD 00 110 43RD AV (END) U 19 PAVED 30
00.200 42ND AV (END) U 19 PAVED 30
00.250 42ND CT (START) U 19 PAVED 30
00.300 41ST AV (END) U 19 PAVED 30
00.330 41ST CT (START) U 19 PAVED 30
EVERGREEN RD (END) 00.500 BELLE TERRE AV U 19 PAVED 30
01172 EVERGREEN RD (START) 00.000 FRANCIS AV (END) R 09 GRAVEL 18
EVERGREEN RD (END) 00.500 BIGELOW GULCH RD
08001 EVERGREEN RD (PROPOS 00.000 MISSION AVE R 00 WHAT?
PAGE 2 11:27:47 13 NOV 1997
Road# Road Names... . MPost Reference Descriptio Road Log Info .
5 Records Processed
. . .
,
Kimball, Sandy
From: Hemmings, Bill
Sent: Thursday, fvovember 13, 1997 9 00 AM
To Shaw, Francine
Cc Harper, Pat, Franz, Dean, Kimball, Sandy, Engelhard, Scott, Pederson, John
Subject: ZE-88A-80C - Greg Arger
Importance• High
11-13-97
I received the above referenced project application on Nov 12, 1997
The SCS Soils Map identifies this area as being Garrison Gravely Loam soils The soil survey in this area is
known to be accurate Therefore, since this is an approved soil for stormwater disposal, no concept drainage plan
is required We have no information that says there are any critical areas on this site
I consider this proposal to be technically complete
I recommend using the standard drainage condition
~'s~eawKCKq~
Page 1
~ RECEVED
S P O K 1e'. N E ~ o t. „ k C O U 1-4 TNO 12 1997
BUILD[NG AND PI..ANNING • A DNISION OF THE PUBLIC WORIS DEPALOWE COUNTY ENGINEEII
JAMES L MANSON, C B O, D[RECTOR DENNIS M SCOTT, P C, DIRLCTOCZ
MLMORANDUM
TO:
Spolcane Counfiy Division of Utilities, Jim Red
Spokane Regional Health District, Steve Holderby
Spolcane County Parks, Recreation & Fair, Steve Horobiowski
Stormwater Utility, Steve Worley
Development Engineering Services, Bill Hemmings
Department of Transportation, Mark Rowher
Spokane Regioilal Transportation Council, Glen Miles
Spokane Transit Authority, Christine Fueston
I3oundary Review Board, Susan Wmchell
Long Range Planning Division, John Mercer
Central Valley School District No 356
Fire District No 1
Vera Water & 1'ower
.
. .
l+1ZOM: I'iancine Shaw, Senior Plannei ~
DATE: November 12, 1997
RE: Change of Conditions for ZC-88A-80C
TECHNTCAL REVTEW MT-CT1T1G
NOVrM13rR 20. 1997 AT 2:15 P.M.
DiVISION OF 13UILDlNG AND PLANNING ls` FLOOR CONFERENCE ROOM
Please review the above application and use the attached TECH-NtCAL REV1Ew MEETING
rORM for your comments The Division of Building and Planning encourages you to
attend this meeting The sponsor and representative have also been invited to atfiend this
meeting If you cannot attend, please forward three (3) copies of your review comments
on the attached form to me The attaclled TCCWNICAL REVIEW FORMS will be given to the
sponsor at the meeting and included in the Division of Building and Planning file
Thanlcs for your cooperation If you have any questions about the applicaUon, please
contact me at 456-3675
NOTE• The Division of Ruilcling & Planning wiil noNv be circulating comments for SEPA
Checiclist at the time of technical revtew. This will be the oiily hme you will be
able to comment regarding ttie SEPA Checlclist for this nroject
c G P& M J Finch, 4323 S Evergreen Road, Veradale, WA 99037
Greg Arger, 300 N Mullan Road, Swte 204, Spokane, WA 99206
Attachments Technica) Review C'oim, I'roJect Application, Site Plan, SEPA Checklist
1026 WEST BROADWAY AVENUE • SPOI:ANC, WASHTNGTON 99260
PHOrvE (509) 456-3675 • FAx (509) 456-4703
TDD (509) 324-3166
, . ,
. , ,
Spolcane County
Division of 13uilcling & 1'lanning
Technical Review Meeting
Meeting Date and Time November 20, 1997 cr 2 15 p m
Project File No ZE-88A-80C
Project Location Generally located on the northwest corner of the intersection of
Evergreen Road and 4'h Avenue in the NE '/4 of Section 22, Township 25 N,
Range 44, Spokane County, Washington
Comprehensive Plan Urban
Project Description Change of Conditions for review of a detatled site plan and a
specific landscape plan by the Hearing Examiner at a future public hearing
Parcel No's 45221 9111. and 9112 Applicant Greg Arger, 300 N, Mullan Road, Suite 204, Spokane, WA 99206,
(509) 926-5311
Owner G P& M J rinch, 4323 S Evergreen Road, Veradale, VVA 99037,
(509) 928-5172
Project Planner Francine Shaw
, . . ,
, • CLARENCE E SIMPSON
6N im son Engineens, n~i. 1901-1987
~ RICHARD L SIMPSON
CIVIL ENGINEERS AND LAND SURVEYORS CHARLES E SIMPSON
Licenced in Washington and Idaho
N 909 Argonne Road Spokane, WA 99212
(509) 926-1322 Fax 926-1323
PROPERTY DESCRIPTION
The East 330 feet of the Northeast quarter of the Northeast quarter of Section 22,
Township 25 North, Range 44 East, W M lying South of the Chicago-Milwaukee, St
Paul and Pacific Railroad right of way,
EXCEPT Evergreen Road
ALSO EXCEPT Fourth Avenue
All Situated in Spokane County, Washingfion
,n
♦•~S ~ ~ !
oF WASN . P
~ zl,'2
,
I 171~7x `oPe
O~ 4£sc,9s~~ •
.
L LAN~ ~
~EXPIRES 71171f .9
vcv.a ~tc«.~ • • • • j1Y'
I V rEn'
~~~NTY
NOU 10 1997
[1lVi00111 0r ~1,,IlLr;i41G AiZ i't1ANNiNG
`~Y
1 - ~I , • . `
•
,
SPOKANE ENVIRONMENTAL ORDINANCE
SECTION 11,10.230 1
FI~~ ~J&D
SPOKR~E COUNTY
,NOU 1 0 1997
nlviSlON 0r- G)jli,-DjP~G ¢~iO PLANUiNG
' C' Y
. , . ,
SDOKfINE EHVIRO►fHEHTAI ORDIHAHCE
(vu 191-11 9W Lccinn il In tln(l)
/nvlrnnm.n(a1 Chrcllltt
~
F I 1e Hp
Pvrpott af Chttkll=t
lht Ttatp Enrlronrwnta1 oqllCr ACL (SEPA) ChaDttr 43 11C aCV, requlrtS a I 1 gOvcrnv mtel aqenrls- t lo ContlAtr tht tnvlrorxnentel ImpdCtS 0f a OrOpoSs l
befort Rekfnq Aetislons An Envlronments) Irt+patt St&tem►nt (EIS) must bt OrtDared (or all orooosais r1tA proDaDlt siqnlttcant edverst lmpattf on
the puelltr o/ the envirore+rnt 1ht DurpOSt of tl+lt CheCkllst IS to Orovlde lnfo►nutton to ht10 rou end tht aqenCy idtmtlfy lmpatit Irpn rour
DroDOti) (and t0 ►tduct or avo1d lmOaCti irom the pro0otsl i/ It Cen bt dont) anA to ►+e10 thr aatntr Aoclde vhethor an [1S It requlrtA
fnstructlons lor Appllcints
lhtt envlrons.nts1 chtckllit •skf you to dtscrlbt toot Aesic In/oryatlqn about your Orooosal Govtrnn+.ntal eqtmCles ust th1t checkllst to EeterMlne
rhether the envtronarntai lerpacts ol your proDOSe) •re ttqnl/1cant, requlrinq pre0aratlon o/ en CIS Answer the avestlons erien r, vtt1+ the nqSt
pretiSt intorosNon knwn, or ylvt Ut best deSCrlOtion you can
YQU nust ansver eeCh Qutitlon aCCUrattlr ,me careruily, to tht Dltt of your tnoMleCqt (n mott cetei you thoulA bt aDlt to ansver the puestlons
frow yovr ovn obt►rvstlont or pro}eCt plant vlthout t1+t n etA to hirt txDerti If you rtally do not tnow the •nsrer, or 11 a Qwttlon does not Iooly
to pour proposal. vrlte 'd0 not knov' Or 'Eoti not aDDlY * Ca+Dlttt lntvtrS to the qw St1onS nor aay ivold unntteSSery dellyS 1atlr
Sone qutstions •tt abwt qovtrni.ental rt9ulstlont, tuth at ronlnq, Sl+orellne, and linAoerk Artlqrutlont kntKr thtte pvrstlont If ypv Can if yov
hive problemt the qovtrm..ntal •qenCltf Csn •tilst you
Th! CAlCkltst ^utStlOnS sDOlr t0 W Oartt 0/ rour ptOp0i11, tvln I/ ypu plan t0 d0 thl+s Ovtr I OtrIOE 0f t1T! Or on different DarCtlt Of 1Snd
Attath anr iddlttonil Infonutlon tM t v111 Aescrlbt your proposil or Its envlronwntal effecti The +qency te wnlCn yeu SuAmlt thls checkllst may
stk you t0 t■plain your sntwKt or prOvide •ddltlonal InlO►uatlon ►estonsplr related to detem In1nq 1f tl+trt Tey Dt tiqnl/lcant aGverS! ImoaCt
Uie Of ChlCkllSt fOr nonOroftCt OroDOSa1S
Con0lett thli chtckllft fo► nOnOrOJeCt pro0otalt, ertn thouql+ Cutttlont nay bt Intvere4 doti not 1DOly
IN ADOITIOM, cwplete the SUPtLE11EN1AL S►fEET FOR NOyPROJfCT ACi10NSIPart 01
For npnOrO)!Ct aCtionf tht •tftrtnGet In the theCklltt to Lht +Ards 'Oro x CL 1DOllComt * and *DroOerty or tlte fhould be read at 'OroDOSaI '
'OroOOte► ' anA e//octed qeoqroph1C •rea.' rtSO'Cflvtlr
A BnLICGA01Jx0
I 9ame of prpDOteA proJect. If lOOlic/ble
2 r,•e ot Avolic+nt ArpPr C;ani tal ('.nrn _ °
) AdErtSS •nd phOnt mLimDtr 01 aDDliUnt Or COntICt ptrson 300 N. Mul.lan Rd,, SLllt2 204
Spokane, WA 99206, Gre2orv Areer 926-5111
4 Ostt Chetklttt DreDa►e-d Oetober 21, 1997
S Aqencr reouestlnq cneclllst
6 VroDOSeA ttninq or ttlicdult (lncludlnq Oh&s1n9 If sppll u Dlt)
Construction 1998 Occupancy 1998
) a Oo you hart •nr plans for luturt adEltions, tiDsnSion or further attlvltr rtlated to or to mtcted v1U tAls Oro0atdll If res. lxDlain
No
E Do rou ovn or have opttons on iand ne.rer o► aEJitent to tA1s propossll If yes litp1a1n
Yes. Parcel 45221.9200 Rezoned from UR3,5 to UR-22 (Fx,le #ZE-36-96) on 12/17/96
8 llst inr enrlronarnts) tnfonutlon you knov •bout that nis bren Dre9artA. or rlil Dt prepared 41reCtly rllattE t0 thit 0*oposal
None
ilev 2/1/B8 1
r
~ ~ • • ~
~ 9i'n[Aff1 C rVIROtRff'rTAL ORDINAII('F
e
(.AG 17) -11-41,011 Se_ tnn It I^ ')~(Il
► eAncsmnn I .no n 0. ~ i •
9 0j rTI Ynr.w vhp he r •poll~a tlnns a re -irrvllnR fnr Rnve rrnvntel apprnva lI ef otFvr prnnnasla ' rrrtlv 4 11•r -k r h• p r n nort, toveree- M Vnur
~roPO~al l' ~rpl~l' - - " - -
None ,
10 Llat •ny Rovrrnm.nt •pptov4l• nr p.rett• that vlll M needeA (or Yovr pre N+"1 II Mnvn
R.ezone : BuildinQ permit
Landscape plan; Development plan; 208 Stiormwater runoff
ll Glve e brief cosolete dese►IDtlon of yair propoaal Ineluding the propesed uses and th• slie o( the pro)ect 01 nd •tt• 1et• o r• •ev- rI l
qurstlons later In thlo c Mekllot that so\ ynu to AescrIA♦ eett&in aspatt• n( +rxot rtnrneal Yr+i An not n.0d to revpst tApst •nsver• on thl•
0%%t
4 acre, 96 unit 2 1/2 story apartment complex with 177 parking spaces
' Loestton of t'+e prnoosal Give sufflelent tnfor-aatlon (or • M roon to underotand th• pgee se loeatton -0 n,- pte+00q•_ ,=<e ~.tudlnr +
+trtet sddress l, anv anA 9•t[ton tovrtohlp and n nR• l! %navn 11 I OtoPOse I voul' n.Cnr nv.t a tont• ' sre• 'ro, Le ttir sn¢• nr
DolSnAarl-• nf h. ♦lttisl PievlA• •tvti1 Apstrlptlnn •tl• plan vlflnltv ssp anA 'N~ntrsOAlt -r •sst+nabl 1v31 ,alikt -\"r - f), I
•hould iub+it snv plins reiulred b• tht •qoncr vrw art not rrQulrtd to dvpliCatt san• or Ie a Iad plAne ou7n1 t' vll►' a'+% -)trn t at.%tlnn
related to tAls c►w<t'lit TEP q, rp is 1 oc-atPd at the nw corner of 4th & EverQreen
1"11 th♦ Prlooer: Jctlan 11♦ vtthln tl+e AAUI'fr S'rniltlv• %re• (A-SAI 'ha finersl S.wer Se^Y'ce Are• 'I%t P. ~ Sovt Ce It• Atea "hr
C' ~ ol Spokanr ' ier t0o4ane Cauotv o ASA IV* rlav _an. %tlea 'os tn.snAarltel
-o et COKf'I.RD et ~rr~~c~
S t]~CtAO`7`i*'rAt Cl.r"2'~S
i~~lu~ o- •or
Iile nt• •e
a Generil descrlotlon af t1v q lte (clecte onel fl.t rolltrA hltly seeep +looe• nountslnwe
othef •
D "+at tf the •teepest +lope on t►+e otte 'ap9raxu+ate percent •lope
N/A
c l,at Renersl ypes of ioll+ •re (ound on tAe olte (for exaeple cla y •and Sra vel " a t muck)
tt -ou knov the tlaoel'tutlon of aRtlculturai ool le 9t+eclfv t►+ie •r+.1 note anr prlew 'a r-3 lo nd
Rockv soil
d ~r• there •urlace lndltattoru or Alo~t7nr o( unatsAle oolls In thr laned la t♦ victn ltv' '.n
AeieTl~e 1~1o
• • .
` SPf;KANE ENVIROHHEH1Al OADINAHCC
(VAC 197-I1-450) Sectlon 11 10 1]0(11
B ENVIiiOHIEMTAL EI,ENExiSlct►ntinueA1
Evaluetlon for
Agency Use Only
e Orscrlbt tnt ouroosp type +nQ aDOro*im4te nijentiti►t of eny liillnp or qretllnq propotte
IndlcaV taurce o/ /111
None
f Could croslan a aur es + result of tleirtny construttlon or ust' If so qenerelly detcrlAt
No
q Apout what ptrttnt of tht tltt v111 bC Cove►tA vlth lmptrvlous SurfaceS sf ttr D►ojsCt Constrvt
tlon (for e.emplt, atDha1t or Dutldtnqsl'
40%
h ProDOSed meaSUrts to rtCuCt Or fOntr01 troSlon. or othlr 1mpaCtS to tht ta►th, 1f •ny
2(1R stormwater drainaQe
z ArQ
a Vhet type of "iSSIonf to the a1r roulA rtsult frorn tht pro0oi11 (I e, duSl IutomObi1t odort
lndustr111 vood Smke) du►Inq ConitruCtlon amd vhtn the DroJett If C0m1tttC' If any
qentrally destrlbt +nd qfvt &oproiln+att quantltes 1/ knorn
Constructzon: Dust, eqiilvment emissions
After: Auto emissions - ingress & egress
D Are there iny off-slte sou►cet of e..lsstons or odor that n►+y aIfect rour Drooosai' II so
qeneraily descrlCe
Drive by traffic - Evergreen & 4th
c Droposed measures to reduce or control emlftlons or other 1moicts to aI► t► anY
SCAPCA compliance during construction
) vatER
a Surtete
(1) Is there any surfice vater boAy on or In the 1mpoedtate vicinltr of the stte 1nc1uElnq rea►-
round •nd seesonal streint. saltwater. Iakes. oonEs, vetlanAs1' If res, descrtbe ty9e anC
provlde nemes If Iooro0rlste. State vhat streem or rlver It flpvt Into
no
(2) Vill tnt DrOftCt re0ulre •nr rork over, in, or adjacent to (wtthln 200 fett) the dtstrlDtC
veters' If yes, pleese desCrlDe and ett+ch •vallable Dtans
n n
3
. ~ ~ .
SroTA►rr CR7iR41Rtt'+2A1. oxninALnct
(JAC 197-11-960) S, ctfon ll lb 23Q(11
1 L1Ni1tO1M117TAL CIIJ(Tft-S (tontlnivA) Lvalustlon ior
ASency Use 0r1y
Eactvte the soamt of (f ll anA dreARe .acerlal clut vould be plAeed In or reonved f ros the
ourfat• -4ter nr vetlanA• •nd lnAttiit• eh. •rp• o( t M •1ic tlvt vni 16 be aI(rtted InAlca t.
the •oirte of ftll saVrlsl
(4) wtll c1+e preposel raQu(re •urface %acer wIt M n ve1o oc dtvetotoeu' Gl w• Reneral Aeotrt0'
tlon pvrpooe, and approxtaate QWDCtCIee lf lcnwn
no .
( S ) Doe• the proposal l l e wlthtn • IOU-ra&r (lood platn• I f so not♦ locatlnn on t MsIte plan
no
(5) Ooev the proDaul In.olve anr dlsclurZe• ef vut♦ uterlali to surfaee vatRra' if •o
desert6e the type o( vsst• and retictp+ted .olu r of dlieRarge
no ~
b GrounA 1
(1) ulll groundvater D. wlthdravn or wlll votec De dlstlursed to gtoundvster' Gtv• =eneral
descrlptlon purpost •nd approtttite awntttte• If 1i+ow+
Standard 208 on site drainage system
Deocrlbe vaste u te Hal tlut vlll s+ d1schatRed loto the grw nd froo septic tants or oc M r
•eettery vesie tTUmeot tact11L) Oescrlbe the genera! •lce ot the ey 9 tee the mmDer of
hou9 e9 to be •erv* d (lt a ppltta blor the number o( persoev the •ysces(s) are •tpeeced te
+erve ,
None
(3) Ocserlbe any •ystns, otMr tMn thot• deetgoed tor the dlspoul o( •anltiry veett,
le+stallad (ot the purpose of dtoehargteg flutds Delov the grw od surface (lnelude• •retrat such
•o those tor the dleDoool of •torm vocet or draleus• trom tloor draios) Dtteflbe t M typ• of
•rOce■ the aewunt of auterlal to b+ dloposed ol tAcough t M srsch •nd the cTpe• et u tartals
likelr to no et.po.ee ot (tncludlrtg astertal• vhich uy toter the •)sc4w leud•ortieatly througA
$p111• or o• a rosult ot tltetigAtleg •cct.icles)
None
(6) Vt11 any ch m tcals (especlalir ordeelc •olveets or petroleum i w 1s) De •tored lo abovt-
Srouod or uodorgrounE stora{• u eIL@ ' i( •o, vRat c7S+es •od aueattttes of utertals vill De
ftored'
None ,
~
r
• , • . ~
~ SMIAHT ("IlQ/►1(THTI1 AIDI11AIiC'L
(vAC 197-11-90) S.ttlnn I1 l0 27n(l)
a ~ CfR[ ROtA(LTRAL Cl.T1tl]r"S (c on t t nu.d )
Lveluatlon ror
AR~nt► U~~ ~1n1y
(S) ~/►+at protectlvt ++~sourte vlll b• ts1rrn to lnoure that look• or splll• of •ey theeltal~
stored or uo.A nn site vlll not D• a11ev.A to percolate to Rroundvater (thfs leeluAe• noseuret
to t►.p theoltals oot of Alsposal srstem• de#cttbeA tn A(7) •nA JSO)'
208 stormwater for runoff
c Vster /uno[f (includlng stoto vater)
(1) DescrlAe th• •ource of ruoo(f (ineludln; •torm voter) aad metlod of collectton and dtgpo u 1
11 any (lncludt Quantltles, tf knovn) vhere rtll thl• uater flovl Utll thls water flov Into
other vaters' se descrlD4
standard 208 on site drainaQe svstem
(2) Jlll anr chealcats St •tored, Aandled or used on the site ln a lo u tlon vM re a oplll or
iealp vlll draln to ruttace er groundvater ot to a •tore vater dlopoe+t oyetm dtscharginR to
sur(ac• o► grounAvrte►l
NO
CoulE vastt u tertals tntet `repund or surlact unters' If so Rencrelly deseriDo
No
A Prnpoeed eeasute• to roduce or eoetrol sur(ace ttw nd and tvnoff vater lopecto I~ any (If ~
t th• propooed actton l t e * wltAln t M/W vlfer S*noltlve Araa Da •op-stlall) clear oe •rplenstloes
r relattnq to (aellltte• eoneeretng Settton• )bM 1E(S) •nd 3c(2) of thtt ehoekllstl
per engineer's report
c ruRs
• 'reck or clrele type of vege(etlon lound on th• site
declduous tree alder eADie sopen ot►+•r
everdreen trpc ftr, cedar, plnt, other
•ArvD•
~rose
Dasturt
erop or grsto
wet voil plirtts, tattall, butCtrtup bullrush, skunk tabbaee, oclur
wtor plant• water llily, •elgreas, ■llloll, other
x otn.< <yas or v.e<<.<<on assorment of weeds
b Vhat ktnd end u w nt o( vege u tton vlll be rr.oved or aItered'
weeds
t llst threaten*d ot endaoRered specte• lcnov.+ to M on or nror tfie site
none
d Proposed landstaplng, us• of aat!•e plaets or other sessure• to preserve or enhonce +eletattoe
on cne .lce tt .nr
SeP_ S7 tP ?1lan
S ~
, . . .
' SPMANL ENVIRONriENfAL ORDIH4NC(
,-c 1; 160 ; ;P c~ „r I I Ib 210( 11
9 [NV,DOMI(H1A) El[rFNfS lcomtinu.d1
(vAitis(10n FOr
Aq►nCy Jtt Only
A trrl♦ Any )I,^ dnn InlrnA iS •hICh PiAv• ffppn nDterv►A rin nr neAr (h♦ 11C► f1r Ar♦ ►nrwrn tf • ^
Ir n►er (hf tltt
birdS h,tvk, hCr7n ee91t, (w9bir~t Ot►+o- r
"orielt tiptr Opsr tl\ CNVpr qther
fiSh CeSS Salrnn l►OUt, herrinq, Shtl1{iSh Othtr
oCh►r
b liit eny threeten M o► enAengered tDeCiti kn w n to Ct on or n M r the Slte
unknown
c It tne sitt oert of a mlqretion rovte' I/ so etnlatn
Mr,
d P►oooseE neesures to p►eierve o► ennence ..ildllfe 1f anY
None
c rvEo;. nn0 vaTUR`l 3_))U3rfS
6 JhA< <inAS '1f •^v•lr (tllCtriC netural IAS vpOQ 1tOve t0lAr) rll) O! UStd IO ffw-t the
th• COmDirftd 71^ PC' tiOne.ly n!'rdS' DotCr1b! +htth!► (t rll) b! USlA fn► Aletlng Aa nU' l•
lVrinq rtC
Gas/electric for heaSin3
1 fOUTA r0ur Orp)Jt_ AIftC[ thf DOttmtlll Vtf 0f tOlar tnt►ilr by aAjaCtnt OrOptrtltS' 11 SG
ltnlrAlly AtSCriOt
no
c Vhe( kInQS 0f •^orlr COnServelion (ta(Vr►S are In(lu4tl in the OlenS 0< <h1S OrOOOSll' iS
otner 9rv0ott' -a wr►S to •edoet or Co^tr0) t^erqy Irpet•S If enr
energy code comoliance
7 ENVIRONMENTAL NEALTv
4 4rt thtrt any tmvlr0 mm*ent1l htaith heterdi, Inciudlnq t+DOSUrt t0 toxlC ChrmiCeli r1St Of fl►t
end eAplofton, 50111, or hgterd0ui w4itt thet CouIE oCtur as • rtsult of thls prODOSaI' ;l so
destrlbe
No
(1) bescribe soeclel trrrqency tt►victs thet nlqht Oe reouired
NnnP
6
~ • , • /
~ lpQRAAL LNVIlOtd2NTIL OtD[t1A►JCL
(vAf 1p1-1I-960) Seccton ll 10 2l0(11
E I[`r7iR01+!?TRIL C1J~11?r"'$ (cnnctnu.d)
Lvalwtlon For
Ase~cr U~e Onlr
[IlVfilO►+?Q1r'AL HLAL'A (conttnu.d) .
.
(1) Vtoposed e.sovre• to ttAutt or tontrol •ovlro m+total health hatatd• ll •n)
Storm drainaze control
Public sewer hookup
e r+of .e
(I) Vhat types of oot u•itet to t M •re• vM eh aAY alfett your projoct (for • Lmpl• trefftt
eQulpment operatloo otRer•
EverQreen traf f ic
(21 uhat typos and Itvels of nole• vould Se created by or •ssoclated vlth t1v projoct on a
short-tere ot a lon;-cerv Aas1• (for es.sple tra(fic, conrtruccion. opetation, otM r)' Ii+dtcat•
vhat I+ours notse vould cose !ro• tM atte
Short term: Construction equipment and buildinQ activzties
Long term: Minimal, ingress & egress of residents
f]1 ►roposed seasure to reAuc• er control nole• lepecto If mny
Sbort term: None
Long terrn: Landscaping, fencing
8 u'o Auo SHovELt rt uS[
• v1+at to tht current ute ol th• •ttt end adJaCent proptrttts'
Residence and vacant field
D Ils• the •Itt twen used fot iigHtulturt' If eo dosCr1At
NO
c Oescrlee any •tructuree on tM •lte
Residential home
Metal storage shed
d Wlll Gnr structures De deeollshed' If so vhlch'
all
c V`+At 1o th• current teolng clesslflcetloo of t M sltel
UR-22
f Vhat 1o the eurreot cmprehenrl•e pLn deot6natloe of tfu slte'
rrn n n
v ai A-
t If app(tcable whac to th• current •IHreline a+mter progra• destanatioe of the •lt@•
n/a
h Hse an) 0art of che •tte Aeen cloosttted a• ao 'eow-troaw otiLlly soeAitlve' fire&' It •o
•petify
none
t Appro:lnately hor u ny people vould ceslde or vork tn the eampleted projeec' 192
~ . • . ~
♦mrAnr ►xattmmaxrii ainirANrr
(tiAC 197-11-960) S.tclon 11 10 210(l) ~
E CH7IPONTQIRIL r1J?(LRT'S (enntlmHA)
••~I~~~tl~n Int
ARcnc7 Use Only
~ ADDroxleattlr hev niny peo0le vould th• coepl►t•d project Al@plrce' ~QD P
t FroposeA seasures to i.old or reduce dteplacment lepacts, lf any
n/a ,
1 ►roposed measutes to •nsure the Oroposal f• compatlDle vtth e:tatieg and Oru}ected L nd uses •nd
plans t( •n7
see slte plan
9 FIOUSING
a Approxinately hw uny unlts vovid ba provlEed, 1( •ny1 Tadlcat• vlrtMc Rfgh- , •lddlr or
lov-lncooe I+oustns
96
S Approzlautelr Mv uny tmlts, if srt-I vould S+ elldeutedi ledlut• vlwtAee hlgh-, •fddle- er
lov-lncoo• houslng
none
c Propos.A a.a4ure$ to reduee or tontto) houslng Iopecto lf •ny
landscape barriers
courtyard
io Atsrnc-tcs ~
• V1+mt 1s the talleit hefght of my Droposed etrutturt(s), oot tr+eludtnC •otamset V1ut l• t M
prlncipoi eatertor bvllEln4 sAterlal(e) Oroposed'
Z~ fPPt
D %rhat vtev• ln the leerdlaee •fclnlty would be .Itered or o M crueted•
NnnP
e Pcoposed "&sure• to redues or eontrol reetlrtic lopeeto t( aay
SEE sirP pl an - 1 anHcrar»na
11 IICH' AND CU1AL
• lhat typ• of ltsht or jlAre vill tM propoul produce? a1+at tisaa of day vould lt utaly eccur,
Interior llghtine - evPn,ng
D Could lt`ht or glare frov tM ltnioA•d proy*ct b. • a.f.cr h.terd ot tat•rlore wltA •tevrt
no
c vhst e:tstloa oft-stte •ources of tlght or SlAr♦ aAy affect )our propo84,11
None .
d ►reposed •eaw ros to reduce or coetrol 11Rht aaA glate lsDeet• lf ae1
]~aad5ran7 na
. L
A
. , • . ,
~ J
~ smrArrr fM'VIRR7ARJRAI flPnINA`irT
(UAC l97-11-9601 S.ctlen 11%10 230(1)
6 C7fVIP0I0(f4►TAL CI.TMYTS (contin-rd)
fvel,iatlnn rnr
astencr u.e only
12 RCCvLAT101I
a vhtt d►$tqnav~ a-id Intoroal recreatlonal oppnrt%mltlr@ •r• in t!v IvePdlat• vlrlnlt~
Nr„n _
b uould the propoteE proJete dloplmcs an7r esfstteR rectaAttoeal u6e69 If io dP*crllu
nn
c Vroposed ee4sucee to redut• oT tonirol 1sDotto oo retrrattoe. totludlnit recreattondl .3pDOrtuni-
tle• te be provtdod bT the proJeet or opplteont tt •ny
11.~..~
I) Nl5'OAtC AHD Cll[.tUU1L 11tL5L1tVA'1011
a Are there any places or ab)teto ltattd on or propoted (or natfonAl Itat• or local pteierva-
tlon rttltttrs krovn to De on or e*it to tlv sIce' •e Ren*rell7 Aeecrlbq
no
D Gonermllr ArscrlD• mny landesrts or #.1Aorv• nf hlstorlc •ttho.olo;lcal •c lont lt nr 0 J a1
laportant♦ h+cm+ to M on or nexe to the *lte
none
c ItoDOseA oe*sure• to rtduct or tontrol iopacts I( •n)
n /a
IG 'i,AtI5P0R'11T10f1
0 identlfy publlt otreets •nA t+t1thv4r* •or.rlng the •ltt •ad deacc the proDos ed •tces• to 1v
exletlnR strett rystee SAoron otte plaes It •nr
4th
Evergreen
b lo •fte currently •ervod Dr pvDilt tronmlt' If not vlut 1o the oDDroTlnott d'staoct to h•
o u rest translt itoq'
ves
c nov uoy partlna spates voulA the conpleted pro}act hAve' Ror uey vould tRa pro}ett eltaleate'
177
d 'J111 the propesa1 reQuir• mnr nev rw d@ or oct.+cs or t■pra.*= ac• to •:tectnR romA• or •tr Ht•
not tocludlns drtvow Ts1 i( ao, {dnecallT E•ecrtbe (ledl u c• vlvclrr puEllc or prlvate)
rlo
e Wtll the project use (or oceur tn the tam..dlst• rtclalty of) viater catl or alf traeuportattoe'
ll •o Senerslly dcscribe
Nn
9
~ . sror,~ar,r.~vt~o~xrxra~ oe;tnFNC~
(vnc 191-tt-960) s.cciao ii ro :)o(t) • , t ,
~
e , VI'vcRor.¢"AL cLOfEWM (cOOCIOWA) .
r..l,,.tion ror
AAchty Uoe Oaly
1 Nov many vehlcular ttlps per day vaild De l•nereteA by the toeplated proJrct• i( kno~n
tndleate v►xo put voulE ocrur
unknown
9 Proposed seawre• to redute ot conttol transpoftatlan impectg, tt •07
none
.
IS ►UELiC SCRViCCS
• lould th4 proJect rtoult tn •o locresseE ew d!or puSllc •ervleoo (fot er.mple f1r• protecclon
pollc• protecttoa, health car• scl+ools otAer)1 [f to, aentrally descrlb4
no
b /topolod •aa wres to ►aduct ot control dlrect tsDact• en pvDllt ser lcat, 1' •ny
t1(l T1 P
th l tL['tC5
a Clrclt uCt 0-currt L1~-sablo at CAe alte ~lectttctty ~~tut+l t~ ~ite ~etu~~
•ert+'lr~ t-Qtphon• •~elt& ry •~w , septlt •yetrs ot ~
~
b DescrlDe the utflttlei tlut ar• propoied far the proJett, t M uttllty prevtdtns the •*n it• •nd
the :ener4l corutrvctlon •cttvltie• oe the sIt• ot lo the trmodtet• vtcfnltr vA1ch alght bo
nVeded
none
C SICMAtVAt
t cne und«ttsned .vur uoder tM penalty of perJur7 tTut tM oDo•t respoirso ar• made trvth(ulll and to CM Mat oI ey towledg♦ 1also
undctetaed t1ut, slould t M re b• soy v(L1tu1 wlereprooeotatloe or vllllul l.aek of lull dieelosure on ry p.rt the • eM uy vttl+drov aay
drterainatton of norulgnlltcaote tlut tc dg1+t taeue In rellanc• upoo tAi• cMctillft
o•« ncroher 24. 1997 ►,opao.nt GreQory G. Arger
' (Ft.... rrtoc ot Tyve)
troponenc Aeer... 300 N. Mullan Rd., Suite 204
(Slgrutu[t)
noT. 926-5311 SPokane, jti'A 99206
r<<.on co.Pl.cina rorm Greeorv G. A,rQer ~ a~•= ^()LcrnhPr 1997
Phon. 926-5311
,
►OR TiAIT OSC OKL[
♦
Staff ■ember(s) revlevtrta theckllst
r
sa•ed on thli scalf re•tw o( the eericoaseatai ctiectllet sr+d oeher~pertlbf0( loforut~no, tAe statf
/
A toncluded that thet• @Tt no probable •Ignlffcaet edverse lopacto aed reeamecds • d#tecaloatloe of ooeAlgoifleaace
E Conclude• tlut probasle sllnttltent aE w roe cn•irnn r atal tmpott• do eitst for the curTsnt propoma1 •nd retoumnd• a ■ltigoted deter-
•lnattoe o( aonslg-ntfleaote rttA eoodltloeu '
C Contlude• that tlutt ar• prob-aAl• 4lRnifleent •d.otee eavteoarental lapaets •oA cecomaenA• a deterotnatfoo o! •tgotfttmoet
• I L M IIGt - 175 QO
l0
. c
~ •t ~ ~ ~ _
SPOKANE COUNTY DIVISIONOF4-,,EME-D
r_~r~,1
ti~9 I1.~ CVliN~/
BUILDING AND PLANNING:'-'
NOU
10 1997
CHANGE 4r CONDITIONS I'OR A ~a=w-1;;t,,; ia~,i(~ , ~+~i4 ~PLANNIAIG
PREVIOUSL'Y APPROVED ZONE CHANGE
Date october 27, 1997 Application No ZF~"~~ -~4-~
Name Of Applicant/Representative Gregory G. ArRer
Malling Address' 300 N. Mullan Rd., Suite 204 .
City Spokane State tJA Zip ~A2S16
Phone 926-5311 (Work) ,924-6282 (Home)
Existing Zone Classification vx-22 (88-80) .
Date Existing Zone Classification Established nrtnhPr u, 1 AR1
Legal Description of Property F_ -J30 f r_ of NF 114 of NF 1/4 S_ of RR PXrenrr
N 100 ft and except E 30 ft and N 100 feet of W 300 ft of E 330 ft of
NE 1/4 of NE 1/4 1vinQ S of CMSTP&P RR r/w
Section 22 Townsllip 25 Range 44
Source of Legal Tran can t i nn T-i r 1 P C:n .
Paccel No. t~221.9].11 & 9112
PROPOSED CHANGE OI' CONDITIONS
Reference specific "Condition(s)" of original approval (Cite the applicable condition from the
Findings and Ocder of the Hearing Examiner Committee's public hearing)
LandscaDe nlan. Develonment nlan' 1208' stormwater runoff. SEPA's Notice
of Action; Chauter 43.21C RCW comnliance
Give detalled explanation of iequest for cllange in status of tlle pcoposal
Request review by the Hearing Examiner Committee of detailed site plan and
snecific landscape plan for 96 unit apartment complex
If development of the site wil changed substantially by tllis request, or the propei ty has
bounclar different tha r gi ally proposed, a revised development plan must be subirutted
~ natuie o Ap icaii r bent Addiess iC cliffeieilt thaii Applicanc
Rev 1/96, sam '
r
~ •i ! ~
.
SPOKANE COUNTY DIVISION OF BUILDING l1ND PLANNING
ZONE RF_CLl1SSIFICl1TION AF'F'LICATION
PARTI
A GENERAL INFORMATION
Lega) Owner G. P. & M. J. Finch ,
Maaling Address 4323 S. Evergreen Rd.
0
City Veradale State WA Zip Cocie 99037
Phone 928-5172 (Work) (Home) Fax
ApplicanUAgent Arg,e- c:aDItal Corooration
Mailing Address 300 N. Mullan Rd., Suite 204
City Spokane State WA Zip Code 99206
Phone 926-5311 (Work) (1-lome) Fax 927-4823
If APPLICANT IS NOT OWNER, INCLUDE WRITTEN OWNER AUTHORIZ/1TION FOR APPLICANT TO
SERVE /1S RCPRESENT/171VE
Project/proposal site area (acres or sq ft ) 4+/-
Adjacent area owned or controlled (acres or sq ft ) 1.78 acres moi_ (Arger Capital owned)
Assessor's parcel numbers of projecUproposal 45221 .9111, 91 19
Assessor's parcel numbers of adjacent area owned or controlled 45221 . 9] Ac) - 45221. 9200
Street address of proposal t45h b, F.vProrPPn
EYisting zone classification(s) and date established UR-22 (88-80)
Existing use of property narcel 9111, vacant ; parcel 9112, SFR
Proposed zoning UR-22
Comprehensive plan category UR-22 School district C.V. 356
Water purveyor yera Water & Power Fire district #1
Proposed use of property
Single family dweilings Duplexes Multifamily dwellings 6d
Manufactured homes ( ) Business ( ) Industrial ( ) Mixed use ( )
Other ( ) - Describe
List previous planning division actions involving this property -Zone reclassification
File No. ZE-88-80 Agricultural to MultY-family suburban approved.
B LEGAL/ZONE RECIASSIFICATION INFORMATION
Location of proposal 4th & Evergreen
Section 22 Township 25 Range 44
Name of public road(s) providing access Evergreen & Fourth Avenue
Width of property fronhng on public road ~~n T Fo>>rt-h; 5 R~ ' F-vergreen
.I • R ,
~ ` I •
ZONE RECLASSIFICATION APPLlCATlON PAGE 2 of 4
Does the proposal have access to an arterial or planned arteriai? Yes ~ No O
Name(s) of arterial roads EverQreen
Legal description of property for each zone reclassification proposed
E 330 feet of NE 1/4 of NE 1/4 S of RR exceDt N_J.00 ft & exc,gar F. I.Q f_r_
and N 100 f eet of 14 300 f t of E 330 f t of NE 1/4 of NE 1/4 lyinQ S o£
CMSTP&P RR r/w
Existing zone(s) UR-22 to proposed zone(s) T1R-2 9
for the foilowing descnbed property
Attach legal description stamped by land surveyor or provide below
E 330 ft of NE 1/4 of NE 1/4 S of RR excent N 100 ft and excent
E 30 f t and N 100 feet of W 300 f t of E 330 f t of r1E 1/4 of VE 1/4 lvxng
S of CMSTP&P RR r/w
If you do not hold title to the property, what is your interest in it?
Agent fcr purchaser
What are the changed conditions of the area which you feel make this proposal warranted?
Evergreen xnterchange to I-90 and widening to a_foiir lane arterial
What impact will the proposed zone reclassification have on the adjacent properties?
Thp nrnlPrt wi 1 1 }IAiTP nn T PY(`P117Ab1P or mPa.-,urahl a imnar t nn thp
adjacent properties
What factors support the zone reclassification?
Previously approved, adjacent land zoned multi-family, comprehensive
plan desiRnates this area as apnronriate for urban development
Wliat measures do you propose to mitigate your proposal's impact on surroLinding land use?
I.andgranp harriPrs, fPnrina
r r• ~ -
ZONE RECLASSIFICATION APPLICATION PnGE 3 of 4
PART II
This section of the application will provide the Division of Building and Planning staff with written
verification that the applicant has haci preliminary consultalion wiih lhe agencies iclenhfied
Results of the preliminary consultation shall be incorporated m the proposal before final submittal
to the Division
FIRE MARSHALL/FIRE DISTRICT
A This proposal is within Fire ProtPCtion District No
B Adequate arrangements (have) (have not) been made to meet oLir needs in providing for an
adequate water system and facilities for fire protection purposes
C Recommended fire flow , or unable to calculate now because use is not
definitive, and will be determined at time of building permit application
D Requirements include
Fire District Signature/Title Date
WATER PURVEYOR
A Satisfactory arrangements for domestic water and fire flow requirements (Iiave) (have not)
been made
B Requirements/comments
Water District Signature/Title Date
COUNTY ENGINEER
A prelimtnary discussion has taken place and general requirements for roads and drainage tiave
been discussed with the applicant
A Comments
Signature/Title Date
COUNTY UTILITIES
a
A preliminary discussion has taken place and general requirements for submittal of this proposal
(have) (Iiave not) been satisfied The designated water purveyor for this site is
A Comments
Signature/Title Date
REGIONAL HEALTH DISTRICT
A preliminary discussion has taken place and general requirements for submittal of this proposal
(have) (have not) been satisfied
A Comments
Signature/Title Date
SEWER PURVEYOR
A preliminary discussion has taken place and general requirements for the provision of public
sewer are understood by the applicant
n Comments
Signature/Title Date
'V f r
~ a
ZONE RECLASSIFICATION APPUCATION PnGE 4 of 4
PART I I I
SURVEYOR VERIFICATION
I, the undersigned, a licensed land surveyor, have compieted the information requested for the
zoning map and wntten legal description
Signed , Date
Address Phone
City State Zip
PART IV
SIGNATURE OF PROPERTY OWNERS OR LETTER OF AUTHORIZATION
I, the undersigned, swear or affirm under penalty of perjury that the above responses are made
truthfully and to the best of my knowledge
I further swear or affirm that I am the owner of record of the area proposed for the previously
identified land use action, or, if not the owner, attached herewith is written permission from the
owner authorizing my actions on his/her behalf
Signed Date
Address Phone
City / State Zip
AV
~
Soat&e of apcan~/~ repres~~itatiye v Date
I
State of Washington )
) ss
County of Spokane )
Signed and sworn or affirmed before me on this d a y of L19 ~
by &4e!~--
0
X~ryhseq 1 ' ~
~`o f•;?Notary Public in and for the St e of Washington residing
at
• .o IIOTAf~Y
e,1 B ~ t~ My appointment expires
rV
f► t PART U
.
OFw~•
TO BE COMPLETEO 8Y THE DIVISION OF BUIIDING ANO PLANNING
Date submitted File number
Date accepted By ,
Total fees Receipt number
oatt ncza+e Anri KJe 4 or
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S P O K A N E
OFFiCE OF THE HEARI\TG EXAMINER MICHAEL C DEVfPSEY, CHIEF EXA4tINER
Apnl 17, 1998
A.rgex Capital Corporation
c/o Greg A.rger, Prokey Arger
300 North Mullan, Suite 204
Spokane, WA 99206
. 8~-80,-ZE=3bA=9 P.cni~r~g f pu ~ 1~7c h~-,~'"ara~'~~rb
Dear Appllcants
Please be advised that I am considering reopensng the record in the above matter to
consider the traffic impact of the proposal on the intersection of Evergreen Road and Fourth
Avenue
On Apnl 8, 1998 the Heanng Examiner receIVed a message from Neil Francom, who lives
adjacent to intersectlon, that there had been an accident at the intersection of Fourth Avenue and
Evergreen Road On Apnl 10, 1998, the Heanng Examiner received a facsimile from Karen
Cone, who lives near the site, which included a copy of a newspaper article The article indicates
that on Apnl 7, 1998 a senous accident occurred at the intersection of Fourth and Evergreen, ln
whlch at least four persons were hospitalized The aceident occurred when a car headed
eastbound on Fourth Avenue went th.rough the stop sign at the intersection and struck a car going
south The article quotes neighbor Mike Johnson, who lives at the lntersection, as saying that
this has always been a dangcrous corner
Not disclosed previously is the fact that the Heanng Examiner was involved in a rivo-car
accident at the same intersectlon within a month or so after heanng the appllcant's prevlous
proposal in ZE-36-96 The Examiner's personal vehicle was headed westbound on Fourth
Avenue, went through the stop stan on Fourth Avenue, and was struck by a car heading
southbound on Evergreen This non-1nJury accident occurred dunng daylight hours, whlle the
Eaaminer was going to work and after visiting a site near Adams Road While it was snowing at
the time, the pnmary cause of the accident was la(.k of attention The Examiner concludes that it
is best to disclose the fact of this accident, rather than nsk having such event potentially affect
the Examiner's decision without input from the applicant
The letter from Neil Francom in the file indicates that there have been many accidents at
this intersection, and that the house across from lils property has been hit and damaged by cars
three times in the past four years Other letters in the file express concern over traffic impacts at
this intersection The Exammer speculates that the problem at this intersection ma_y be that
Evergreen Road is a busy Pnncipal Artenal, Fourth Avenue is a moderately busy Collector
TI IIKI) FLOoIt PUI3LlC WORKS BUII_DliVG
1026 IVLSf BR0AD%VAYAVf \~LC, S1'0xn,vF., Wns11WIGION 99260-0245
PFto\~_ (509) 324-3490 • Fnx (509) 324-3475 • TDD (509) 324-316G
~ Request to Reopen Public Heanng
ZE-36A-96/ZE-88A-80
Apnl 17, 1998
Page 2
Artenal that allows a fatrly free flow of traffic to the east and west, and the stop signs come as a
bit of a surpnse if you are not dnving with care Karen Cone submitted information at the publtc
heanng (received from County Engineeruig) that traffic counts have increased sigruficantly over
the past few years, in part due to the construction of the new Target and Safeway stores at
Evergreen and Sprague Avenue Similar testimony was offered by County Engineenng at the
public heanng in ZE-36-96 See Heanng Examiner decision in ZE-36-96, p 7
The traffic impacts from the project approved by the Hearing Examiner in ZE-36-96 were
mitigated by the fact that the applicant was proposing retirement housing Retirement housing
generates about one-fifth the peak hour tnps than general multi-fainily housing, according to
testimony by County Engineenng at the publlc heanng in ZE-36-96 See Hearing Examiner final
decision in ZE-36-96, p 7 The Examiner's decision in ZE-36-961imited the number of uruts on
that respective site to 34 welling uruts The applicant now proposes 52 dwelling units of general
multi-family housing on the ZE-36-96 srte, wluch will obviously have a much greater traffic
impact than the project approved previously in ZE-36-96 In addrtion to this, the applicant wants
to add 84 units of general multi-family housing to the adjacent site in ZE-88A-80 The
consolidated project will access both Fourth and Evergreen and impact the subject intersection
Based on County Engineenng testimony submitted at the public heanng in ZE-36-96, 136 uruts
of general multi-family housing would generate 61 peak hour vehicular tnps in the a m peak
hour and 68 trips in the p m peak hour See Heanng Examiner final decision in ZE-36-96, p 7
This appears to be a substantial number of new peak hour trips at this location
Neither the applicant nor County Engineenng conducted any traffic study or analysis of the
traffic impacts from the project The Envuonmental Checklist does not even attempt to estimate
the number of vehicular tnps from the project The dedication of nght of way and road
improvements required along Fourth Avenue for the project will help lessen congestion, but do
not address the impacts at the subject intersection The County plans to widen Evergreen Road
to a five-lane section south of Sprague Avenue by the year 2002, but there is some question
whether the improvements will be camed all the way to Fourth Avenue The applicant is
required to dedicate nght of way along Evergreen Road, which would facllitate such County road
proj ect
The 1981 rezone in ZE-88-80 does not "grandfather" in the applicant's project regarding
road improvements Thls decision expressly withholds County Engineenng condltions unhl a
specific site plan is submitted That has now occurred wlth the application in ZE-88A-80, and
the additional traffic impacts from the proposed uruts in ZE-88A-80 must be fully considered
Tlvs is not to say that the applicant can be required to mrtigate a pre-existing failing level of
service at the subject intersection, if it is shown to exist
The Examiner is not allowed to consider ex parte information, such as the fact of the Apnl
7, 1998 accident at the subject intersection or the Examiner's own accident, without giving an
opporturuty for affected parties to rebut the substance of the ex parte information The only
parties expressing support for the project were the applicants The Heanng Examiner Rules of
~ Request to Reopen Public Heanng
ZE-36A-96/ZE-88A-80
Apnl 17, 1998
Page 3
Procedure (County Resolution No 96-0294) authonze the Examiner to reopen the heanng or
record to address such matters Such rules also authonze the Examiner to reopen a hearing to
take additional testimony or evidence, or for other compelling cause, provided a final decision
has not been entered The Examiner is required to give five (5) days notice of such reopened
heanng
Thls is obviously an unusual sltuation The Examiner has decided to proceed by giving the
applicant (Arger Capital Corporatlon) at least a week to respond in writing why the heanng
should not be reopened to consider the new infonnation on traffic accidents at the intersection of
Fourth and Evergreen, and a revisrting of the traffic issue Such comments must be ln wnting
and received by the Examiner's office no later than Apn124, 1998 Documents may be sent by
facsimile at (509) 324-3478 If the applicant neecls more time to respond, I will aUow it upon
request If a new hearing is held, it would be specially and expeditiously set and be lunlted to the
traffic issue alone
Very truly yours,
a
/ 'j
Michael C Dempsey
Heai7ng Examiner
c Parties of Record (see list below)
Scott Engelhard, Division of Engineenng and Roads
Francine Shaw, Division of Building and Planning
Enclosures to applicants (message from Neil Frank, fax from Karen Cone)
Parties of record include the following persons
David and Susan Scott P O Box 183, Veradale, WA 99037
Neil Francom, South 404 Evergreen Road, Spokane, WA 99260-0050
Denny and Peggy Lapikas, 13823 East 5" Court, Spokane, WA 99216
Karen Cone, East 13620 3"' Avenue, Spokane, WA 99216
Albert and Eileen Tams, East 13604 4`h Avenue, Spokane, WA 99216
Phil Brunl, South 311 Evergreen, Spokane, WA 99216
Margaret E Johnson, East 13907 4" Avenue, Spokane, WA 99216
Lynette Balley, East 13306 6" Avenue, Spokane, WA 99216
Sue Mathis, East 13614 3`dAvenue, Spokane, WA 99216
Jim Scott, South 2312 Bolivar, Veradale, WA 99037
Walter W Johnson, East 13907 4 `h Avenue, Spokane, WA 99216
~
~
I
S P O K A N E ~ a;~ C OCJ ~T T Y
OFFICE OF THE HEARING EXAVIINER MICHAEL C DEMPSEY, CHIEF EXAMINER
May 1, 1998
Gregory Arger, 300 North Mullan Road, Suite 204, Spokane, WA 99206-6806
David and Susan Scott, P O Box 183, Veradale, WA 99037
Neil Francom, South 404 Evergreen Road, Spokane, WA 99260-0050
Denny and Peggy Lapikas, 13823 East 5" Court, Spokane, WA 99216
Karen Cone, East 13620 3" Avenue, Spokane, WA 99216
Albert and Eileen Tams, East 13604 4`h Avenue, Spokane, WA 99216
Phil Bruni, South 311 Evergreen, Spokane, WA 99216
Margaret E Johnson, East 13907 4`h Avenue, Spokane, WA 99216
Lynette Bailey, East 13306 6`'' Avenue, Spokane, WA 99216
Sue Mathis, East 13614 Yd Avenue, Spokane, WA 99216
Jim Scott, South 2312 Bolivar, Veradale, WA 99037
Walter W Johnson, East 13907 4" Avenue, Spokane, WA 99216
INNOW:-3~~''~96~ J Dear Parties of Record
Please find enclosed a copy of a letter dated Apn130, 1998 from Robert Brueggeman,
Traffic Engineer, which letter responds to my Apnl 28, 1998 letter regarding traffic
concerns at Evergreen and Fourth Avenue for the above project
Your comments must be in wnting and received by the Examiner's office no later than
May 6, 1998 Documents may be sent by facsimlle at (509) 324-3478 This includes the
response by County Engineenng
Very truly yours,
~
Michael C Dempsey
Heanng Examiner
c Francine Shaw, Division of Buildmg and Plaruung
,
Scott Engelhard, Divislon of Engineering and Roads ~ Enclosure
TIIf12D FLoOR PUI3LIC WORhS BUiLD(n'G
IOZE) WCST BROADbVAYAvLNUF, SPor:nvE, Wns►irNcTOrv 99260-0245
PHovE (509) 324-3490 • CA\. (509) 324-3475 • TDD (509) 324-3166
ti :D~C~~s APR 3 0 1998
- ~
' sy 6;Qawu-ii_
S P O K A N E C O U N T Y
DIVISION OF ENGINEERNG A1VD ROADS • A DIVISION OF THE PUBLIC WORKS DEPARTVIENT
WiIliam A Johns, P E, County Engineer Dennis M Scott, P E, Director
April 30, 1998
Michael C Dempsey
Spokane County Hearing Examiner
1026 W Broadway Avenue
Spokane WA 99260
RE ZE-36A-96, ZE-88A-80
Dear Mr Dempsey '
In response to your April 28, 1998 letter, the following information is provided The vehicular traffic volumes
recorded in 1997 for the intersection of Fourth Avenue and Evergreen Road are,
north leg - 6,321
south leg - 7,395
east leg - 2,477
west leg - 1,574
each being a bi-directional total This intersection has experlenced a five (5) percent annual growth in vehicular
volumes on Evergreen Road and a zero (0) percent annual growth in vehicular volumes on Fourth Avenue over the past
few years This growth is consistent with that of similarly classified arterials in this area
This intersection has also experienced as few as zero (0) aiid as many as five (5) automobile crashes annually for an
average of slightly under two (2) crashes per year for the past eight (8) years
In light of the above information, this mtersection is currently appropnately controlled by a twaway stop traffic control
and has adequate available sight distance Any traffic analysis for this or other proposed projects should be performed
by a qualified private engineer rather than the reviewing agency
Very truly yours,
William A Johns, P E
Spokane County Engineer
~
Robert F Brueg man, P E
Traffic Engineer
1026 4V Broadway Ave 0 Spokane, WA 99260-0170 0 (509) 456-3600 FAX (509) 324-3478 TDD (509) 324-3166
y
Page 1 of 1
• • . County Public Works,
Transportation . - - . - •
D • • County • •
Memo
To: Division Of Building and Planning
PLANNER: Francine Shaw ,
From: Scott Engelhard, Transportation Engineering SP & DES Coordinator
Subject: ZE-88A-80 and ZE-36A-96: Proposed Change of Condiions
Applicant Greg Arger
Date: June 4, 1998
The Spokane County Engineer has reviewed the revised site
development plan and has no additlonal comments to add other
than those conditions of record as amended
• Page 1
CC « ApphcantName»
«EngmeerLookUp» 2- 2 z S~ ! I
« BuildingPianrnngContacb>
,
1
S P O ~ A N E o~~L C O U N' T Y
BUILDWG AND PLANN1NG • A DIVISION OF THE PUBL1C WOftKS DEPARTMENT
JAmEs L MAtvsotv, C B O, DUZEcTox DENNIS M SCOTT, P E, DtuCrox
MEMORANDUM
TO pok~ne G• u y iui - ian o n~ i - & GMAc~a ds, P p rF
Spokane County Division of Engineering and Roads, Bill Hemmings
Spokane County Division of Utilities, Jim Red
Spokane County Division of Utilities - Stormwater Utilities, Brenda Simms
Spokane County Health District, Steve Holderby
Fire District No 1
Vera Water and Power
Central Valley School District No 356
Spokane Boundary Review Board, Susan Wincheli
Spokane County Division of Parks, Recreation and Fair, Steve Horobiowski
Spokane Regional Transportation Council, Glen Miles
Spokane Transit Authority, Christine Fueston
WA State Department of Transportation, Mark Rohwer
.il
FROM• Francine Shaw, Senior Planner
DATE May 21, 1998
RE ZE-88A-80 and ZE-36A-96, Proposed Change of Conditions
Enclosed please find a copy of the revised site development pian for the above noted
proposal This plan is being submitted in response to the Heanng Examiner's decision
to hold a continued public hearing on June 12, 1998 for consideration of a revised site
development plan for a 136 unit retirement complex and traffic analysis Please review
and forward any comments you may have by June 4, 1998 If you have any questions,
you may contact me at (509) 456-3675, extension 218
Thank you
fms
Enciosure
cc Greg Arger, 300 N Mullan Road, Suite 204, Spokane, WA 99206
W att Architects, N 2310 Cher~ Street, SPokane, WA 99216 ~ -
y ` R ,P}~'~~~ ~ r
, MAY 2 2 1998
!
° spa~ANIE ENGINEER
.
1026 4VEST BuoADWAY AVEWE • SPOKANC, WAsHINGTON 99260
PHONF (509) 456-3675 • FAx (509) 4564703
TDD (509) 324-3166
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