ZE-9-98
ENGINEER'S REVIEW SHEET '
AclEve Projecc stacus
As Buiit Plans ReceivW Commercial File ZE-9-98
Road Plans Apprvveci
New Road Standards PAylar Companion Files:
Retated Files:
Date Time Building Dept:
Appiication:
Pre-Application Mlg Latge Lot:
Prelimfnary Revlew: Type: Cammerciai 61dg. Sq. Feet
Date Received: No. Lots: No. Acres: 14.55
ProJect Name: Safe Naven Senior Community
S►te Address: On the east side of Pines Rd, Section '1 U
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Range-Township-Sect{4n: R44.T25N.S10
PARCEL(S) (first 20) : 45102.9011
Applicartt ~ Owner ~ Engineor ~
Name: Bryan Stone Namo: cio Bryan Stone Name:
Bustness: Business; Qualchan Investments Spokane, Business:
Addreas: 104 S Divislon Addnds: 104 S Division lAddrsss:
City, State. Zip: Spokane, WA 99202 City, State, Zip: Spokane, WA 99202 City, Zip:
Phone: Phone: Phona:
Cell: Cell: Cell:
FAX: FAX: FAX:
emall: em,fl: emall:
Engineer BUIfng ~ Surv@yor ~ Oiher ~
Narns: Name: Neme:
Business: Business: Busineaa:
Address; Address: Address:
City, State, Zip: City, State, Zip: City, State, Zip:
Phone: Phone: Phone:
Cell: Ceti: Cell:
FAX: FAX: FAX :
email: emaii: emafl:
Signed Name: Building Phone: 688-0036 Contaci: Dawn Dompier
Contad: Planntng Phwne: 688-0048 ContacL• Mfcki Hamois
Inft Eng Need Technicaliy Compaete Eng Need Drainage Plans
Eng Need Traffic Malysls Eng Need Other
DsstBn Deviatfon Detes (In-0ut)
In pui ~ tn ~ Out Out ~
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BOND AC7IVITY
Bond Oriylnal Date ~ Amount ~ Re{eased ~ Reduced Other Natea
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Hearfng Date OeclsFod► App Den Apptd CC
Appld To CC DPCfsfon App Oen ppp{d Court
Appld to Court Dedslon App Den Appld ~
2120/2004 Comments sent - tncamplete submittals
212312004 Orainaqe Repoh recefved
3!4;19404 Cnmmenfs sen!
w'Use next page for Projact Notea',w
ENGf NEER'S REVIEYV SHEET NOTES
Inft. ~
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ZONE RECLASSIFICATIUN NO.: ZE-120-84
~ SPOKANE COUNI'Y
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
A. INTRODUCTION
This matter having come before the Zoning Hearing Examiner Committee on
March 7, 1985, ( conti nued from the February 7, 1985, heari ng and tne
members of the Committee present being Jane E. Myers, Chairperson,
F. Ly nn Tennican and Richard L. Skalstad.
8. PROPOSAL
The sponsor, Roy L. Wyatt, i s requesti ng approval of a zone
reclassification, File No. ZE-120-84, Agricultural to Residential Office
and Multiple Family Suburban, for the purpose of developing a 270-Unit
Multi-Family Complex. - C. FINDINGS OF FACT
l. That the existing land use in the area is residential, multi-Tamiiy
dwellings, Walk-in-the-Wild Zoo, Kaiser offices and vacant.
) Z. That the Comprehensive Plan designates this area as appropriate for
U rba n type devel opme nt. .
3. That the exi sti ng zoni ng of the property descri bed i n the appl i cati on
is Agricultural. 4. That the provi si ons of RI;W-43, 21 C( The State Envi ronmental Pol i cy
Act) have been complied with, and the Committee concurs with the
Declaration of Non-Significance.
5. That the proper legal requirements for advertisement of the Agenda
Item have been fulfilled.
,
6.' That the land in this area is suitable for the proposed use, or
uses within the proposed Zone Classification.
7. That the applicant has demonstrated that conditions have
substanti al ly changed si nce the ori gi nal zoni ng of thi s area to
Agricultural in 1942; namely, recent zone changes to Multiple Family
Suburban wi th a simi 1 ar densi ty to that approved by the Heari ng
Examiner Committee; and accordingly, the proposed rezone is
justified.
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` ZONE RECLASSIFICATION N0. ZE-120-84
C. FINDINGS OF FACT (continued)
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8. That the proposed use is compatible with existing uses in the
area.
9. That the owners of adjacent 1 ands expressed nei ther approval nor
disapproval of the proposed use.
10. The Hearing Examiner Committee finds the proposed use to be in
harmony wi th the general purpose and wi 11 not be otnerwi se
detrimental to the public health, safety, and welfare.
11. The following are additional findings of fact considered by the
heari ng Exami ner Commi ttee: a) That the Department of Social and Health Services has indicated
that the timing of an areawide sewer system in this area is
uncertai n, and that the exi sti ng PSSA boundary may i n fact be
excessive at this time to realistically provide sewers in this
area.
b) That County officials are attempting to secure State monies to
subsidize the sewer service in this area.
c) That the Department of Social and Health Services is concerned
about the number of proposal s as wel 1 as densi ti es i n the North
~ Pi nes area: - Thi s concern i s due to the fact that no sewer
i nterceptor for servi ce i s i n the area; and, therefore,
drai nfi el d systems are not real 1y an i nterim sewage di sposal
sy s tem.
d) That the Department of Social and Health Services is concerned
that recent development proposals have occurred in areas where
areawide sewers are not proposed in the immediate future and not
in those areas where sewers are more readily available;
therefore, these proposal s shoul d be vi ewed on thei r meri ts.
e) The Department of Social and Health Services has indicated that
in the future the possibility exists that the PSSA boundary may
be reduced to reflect those areas wherz sewers can be made more
realistically available and a reduction in density outside the
PSSA boundary to that which is recommended by DSHS through the
recently adopted "On-Site Sewage Disposal Systems" rules and
regulations, WAC-248-96.
f) That the Department of Social and Health Services suggests
drainfields not be concentrated-in one location; that they be
di vi ded i nto separate drai nfi el ds, thereby spreadi ng the
drai nfi el d effl uent throughout the property.
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t ' ZONE RECLASSIFICATION N0. ZE-120-84
C. FINUINGS OF FACT (continued)
) g) That the proposal is too dense for tnis area north of the
Freeway consi deri ng the impacts to the aqui fer and the
uncertai nty as to ti mi ng of sewers i n thi s area.
h) That the Hearing Examiner Committee is concerned that dense
apartment devel opments i n areas where sewers are not pl anned for the foreseeable future should be further addressed by the Board
of County Commissioners, and that the information presented to
the Heari ng Exami ner Commi ttee be made avai 1 abl e to the Board.
D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL
( A11 Condi ti ons i mposed by the Zoni ng Heari ng Exami ner Commi ttee shal 1 be
bi ndi ng on the "Appl i cant" , whi ch term shal 1 i ncl ude the owner or owners
of the property, hei rs, assi gns, and successors. )
l. The approval is for 9 dwelling units per ac re.
2. That tne drai nfi el d area on thi s si te pl an may be used for both
contiguous ownerships; i.e., the property to the south, if determined
by the Uepartment of Social and Nealth Services that this creates the
best possible result with the least possible degradation to the
aqui fer. If so approved by DSHS, then the Zoni ng Admi ni strator may
revi ew and approve a revi sed si te to coordi nate the drai nfi el d
~ location on this site and require the same 50-foot setback with
4-foot berm densely 7andscaped on the property to the south.
3. That the request for Resi denti al Offi ce zoni ng i s hereby deni ed by
the Heari ng Exami ner Committee; the predomi nate reason bei ng the.
uncertai nty i n ti mi ng of the sewer i n thi s area whi ch woul d resul t i n
the abandonment of drai nfi el ds, for future use as offi ces does not
appear practical at this time.
a) COUNTY PLANNING DEPARTMENT
l. The Zoning Administrator shall approve a specific exterior
1 i ghti ng pl an for the approved area pri or to i nstal 1 ati on of
such lighting. (Such plan shall attempt to confine illumination
to the area wi th ful 1 consi derati on to adj acent properti es
2. A speci fi c 1 andscape pl an, pl anti ng schedul e and provi si ons for
mai ntenance acceptable to the Spokane County Zoni ng
Administrato r shall be submitted with a performance bond for the
proj ect pri or to rel ease of bui 1 di ng permi ts. Landscapi ng shal 1
be installed and maintained such that sight distance at access
points is not obscured or impaired.
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ZONE RECLASSIFICATION N0. ZE-120-84
a) COUNTY NLANNING DEPARTMENT (continued)
~ 3. The applicant shall develop subject property generally in
accordance wi thi n the concept presented t-o--the Heari ng Exami ner
Committee. Variations when apprvved by the Zoning Administrator
will be permitted, including, but not limited to the following changes: Building location, landscape plans, and general
allowable uses of the permitted zone. All variations must
conform to regul ati ons -set forth i nthe Spokane County Zoni ng
~ Ordinance. The original intent of the development plans shall
be maintained. '
4. The specific developme'nt plan will be -submitted for Planning
Department review and approval prior to issuance of building
permi ts. ~ ~--Q
~ 5. All current standards of the Residential Office and hlultiple
Family Suburban Zones, as amended, shall be com lied
devel opment of thi s si te. p wi th ~ n the
. y q n TO RESIDENTIAL OFFICE: S 2672/3 Rods of W 60 Rods of NW 1/4 of
~ the NW 1/4 AND N 13-1/3 Rods of W 60 Rods of SW
1/4 of the NW 1/4
` XCEPT E 726 feet AND EXCEPT S 260 feet of Section 10-25-44
TO MULTIPLE FAMILY SUBURBAN: S 26-2/3 Rods of W 60 Rods of
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NW 1/4 of the NW 1/4 AtJD N 13-1 /3 Rods of W 60 Rods of SW 1/4 of
the NW 1/4 EXCEPT W 234 FEET and except N 400 feet of Section
10-25-44
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That the project is subject to Section 4.16A.050, the Aquifer
Sensitive Area Overlay Zone of the Spokane County Zoning
Ordinance, which sets forth various measures for Aquifer protection; specifically, measures dealing with wastewater
disposa7, spill protection measures, and stormwater runoff.
7. That the present proposal is not detailed enough to determine
~ whether or not the use of o r materials stored on the site are in
compliance with Chapter 4.16A (Aquifer Sensitive Area Overlay
Zone ) of the Spokane County Zoni ng Ordi nance. Accordi ngly, as a
condition of approval, the sponsor/applicant shall be required
to fi 1 e wi th the Spokane County Audi tor, wi thi n thi rty (30) days
~~A4 of the si gni ng of Fi ndi ngs and Order of the fi nal deci si on i n
. this matter, a"Notice to the Public" which shall provide in
OAA
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materi al as fol 1 ows :
~40 "PRIOR TO TNE ISSUANCE OF ANY BUILDING PER(hIT OR
CEkTIFICATE OF OCCUPANCY FOR ANY BUILDING OR ANY USE
' ON THE PROPERTY DESCRIBED HEREINAFTER, THE APPLICANT
uiz~~ SHALL BE RESPONSIBLE FOR COMPLYING WITH THE P
ROVISIONS
OF SPOKANE COUNTY ZONING ORDINANCE CHAPTER 4.16A
~(AQUIFER SENSITIVE AREa OYERLAY ZONE). THE PROPERTY
WHICH IS THE SUBJECT OF THIS NOTICE IS MORE PARTICULARLY
-zf~ _ ck _ IV3 DESCR IBED AS FOLLOWS : . . . .
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ZONE RECLASSIFICATION N0. ZE-120-84
a) COUNTY PLAtJNING DEPARTMENT (continued)
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8. Signs for this project shall conform to standards as set forth
in Section 4.09.125 Signs. -
9. Appl i cant shal 1 comply wi th ' 208' recommendati ons concerni ng
stormwater runoff and provi de necessary 1 andscapi ng for runoff.
10. Any di vi si on of 1 and .for the purpose of sale, 1 ease or transfer,
shall comply with RCW 58-17 and the Spokane County Platting
Ordi nances pri or to i ssuance of bui 1 di ng permi ts.
11. That the.provisions of SEPA`s NOTICE OF ACTION pursuant to
Chapter 43.21C.080 RCW and the Board of Spokane Cou nty
Commissioners Resolution #77-1392 be initiated by the project
applicant within thirty (30) days of final disposition of this
application, and prior to any on-site improvements.
12. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA
Guidelines (WAC 197-10) and the Spokane County Environmental
Ordinance (SCEO), a proposed declaration of non-significance has
been i ssued at 1 east fi fteen (15) days pri or to thi s date; the
official file, written comments and/or public testimony contain
information regarding assessment of the proposal:.s likely
significant adverse impacts to the physical environment; a
finding is hereby made that no probable significant adverse
' impacts upon the physical environment are anticipated as a
resul t of .the proj ect; and a fi nal decl arati on of
non-significance is hereby to be issued. 13. That a 50-foot setback f rom Pines be required with a 4-foot berm
densely landscaped.
b) COUNTY ENGINEERING OEPARTMENT
Prior To The Issuance Of A Building Permit:
l. Applicant shall dedicate 60 feet on Cherry Street (as depicted)
for ri ght-of-way pri or to any use of the property.
2. Access permits for approaches to the County Road System shall be
obtai ned from the Spokane County Engi neer.
3. Applicant shall improve Cherry Street and Cherry Lane in a
manner consistent with Spokane County TYPICaL roadway section
No. 1 minimum paving width Access Standard.
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ZONE RECLASSIFICATION N0. ZE-120-84
b) COUNTY ENGINEERING DEPARTNIENT (continued)
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4. Applicant shall submit for approval by the Spokane County
Engineer road, drainage, and access plans prior to the issuance
of a building permit on the property.
5. The applicant shall submit for approval by the Spokane County
Engi neer andl°th-e Spak.ane County Heal th Di stri ct a detai 1 ed
combi ned on-si te sewage system-71-a~d surface water di sposal
pl an for the enti re project prior to the i ssuance of any
building permit on the property.
6. A parking plan and traffic circulation plan shall be submitted
and approved by the Spokane County Engineer prior to the
issuance of a building permit on the property. The design,
location, and arrangement of parking stalls shall be in
accordance with standard traffic engineering practices. Paving
or surfacing as approved by the County Engineer, will be
required for any portion of the project which is to be occupied or traveled by vehicles.
7. The word "applicant" shall include the owner or owners of the
property, his heirs, assigns, and successors.
8. The construction of the road improvements stated herein shall be
accomplished as approved by the Spokane County Engineer.
~ 9. All required improvements shall conform to the current State of
Washington Standard Specifications 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.
lU. Roadway standards, typical roadway sections and drainage plan
requirements are found in Spokane Board of County
Commissioners;Resolution No. 80-1592 as amended and are
applicable to this proposal.
c) CUUNTY UTILITIES DEPARTMENT
l. Pursuant to Board of County Commissioners', Resolution No.
80-0418, the use of on-site sewer disposal systems is hereby
authorized. This authorization is conditioned on compliance
with all rules and regulations of the Spokane County Health
District and is further conditioned and subject to specific
application approval and issuance of permits by the Nealth
Ui stri ct.
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ZONE RECLASSIFICATION N0. ZE-120-84
c) COUNTY UTYLITIES DEPARTMENT (continued)
l 2. The owner(s) or Successor(s) in interest agree to authorize the
County to place their name(s) on a petition for the formation of
a ULID by petition method pursuant to KCW 36.94 which the
petition includes the Owner(s) property and further not to
obj ect by the si gni ng of a protest peti ti on agai nst the
formation of a ULID by resolution method pursuant to RCW Ghapter
36.94 which includes the Owner(s) property. PROVIDEU, this
condition shall not prohibit the Owner(s) or Successor(s) from
objection to any assessment(s) on the property as a result of
improvements cal 1 ed for i n conj uncti on wi th the formati on of a
ULID by either petition or resolution method under RCW Chapter
36.94.
3. Any water servi ce for thi s proj ect shal1 be provi ded i n
accordance with the Coordinated Water System Plan for Spokane
County, as amended. 4. Each dwelling unit shall be double-plumbed for connection to
future areawide collection systems.
5. Plans and specifications for the double plumbing are to be
reviewed and approved by the Utilities Department prior to
making septic tank permit app7ication.
} d) COUN7Y NEALTh DISTRICT
1. A combined surface water and sewage disposal detailed plan shall
be approved by the County Engi neer and the Neal th Ui stri ct pri or
to the issuance of any building permit for this project.
2. Sewage disposal method shall be as authorized by the Director of
Utilities, Spokane County.
3. Subject to speci fi c appl i cati on approval and i ssuance of permi ts
by the Health Officer, the use of on-site sewage disposal
systems may be authori zed.
4. Water service shall be coordinated through the Director of
Utilities, Spokane County.
5. Water service shall be by an existing public water supply when
approved by the Regional Engineer (Spokane), State Department of
Social and Health Services.
6. Use of private wells and water systems is prohibited.
7. Disposal of sewage effluent beneath paved surfaces is currently
prohibited.
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- ZONE RECLASSIFICATION N0. ZE-120-84
e) COUNTY BUILDING AND SAFETY DEPARTMENT
1
1. The si te i s 1 ocated i n Fi re Di stri ct # 1.
2. The Suilding Official hereby requires substantiating data for
cut and fills used to support the foundations of any buildings
and structures. This shall require a professional engineered
approved si te drai nage pl an and/or footi ng and foundati on
desi gn.
3. The development shall be provided witn at least two (2) points
to the public street. The access locations shall be
approximately on opposite ends of the development.
4. Trash enclosures shall not be Tocated adjacent to combustible
construction or underneath windows or nonprotected eaves.
5. A land use permit will be required for each structure.
6. Each structure shall be accessible to Fire Department apparatus
by way of access roadways wi th al 1-weather dri vi ng surface
capable of supporting the imposed loads of fire apparatus as
approved by the Department of Building and Safety.
7. Fi re hydrants whi ch meet the fi re fl ow are requi red to be
i nstal 1 ed pri or to any constructi on.
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f) WATER PURVEYOR l. Water Purveyor is Irvin Water Di.strict, and they will supply the
site with adequate water for domestic, fire and irrigation uses;
and arrangements are in process to serve this proposal.
g) COUNTY AIR POLLUTIOiJ CONTROL AUTHORITY
1. Ai r pol 1 uti on regul ati ons requi re that dust emi ssi ons duri ng
demol i ti on, excavati on and constructi on proj ects be control 1 ed.
This may require use of water sprays, tarps, sprinklers, o r
suspensi on of acti vi ty duri ng certai n weather condi ti ons. Haul roads should be treated and emi ssions from the transfer of
earthen material must be controlled as well as emissions from
all other construction related activities.
2. Measures must be taken to avoid the deposition of dirt and mud
from unpaved surfaces onto paved surfaces. If tracki ng or
spills occur on paved surfaces, measures must be taken
immediately to clean these surfaces.
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• ZONE RECLASSIFICATION N0. ZE-120-84
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g) COUNTY AIR POLLUTION CONTROL AUTHORITY (continued)
b 3. All travelled surfaces (ingress, egress, parking areas, aceess
roads) must be paved and kept clean.
4. It has been determined that fireplaces and wood stoves are a
significant source of suspended particulates. The small
parti cl es ( C 1 Omi crons ) are respi rabl e and can have an adverse
effect upon the health of the public. We strongly urge that if
wood stoves/fireplaces are used, that burning be done as
efficiently as possible. All wood should be seasoned and stored
i n a dry pl ace. Duri ng peri ods of poor venti 1 ati on or el evated
air pollution levels, we request that use of wood stoves and
fireplaces be discontinued.
5. Soir+e obj ecti onabl e odors wi 11 1 i kely resul t duri ng the
constructi on phase of the proj ect and f rom motor vehi cl es -usi ng
the si te fol 1 owi ng compl eti on of the project and from occupants
of the proposed project.
6. Al1 air pollution regulations must be met.
h) DEPARTMENT OF NATURAL RESOURCES
1. Surface Mi ni nq Permi t- A surface 1 and mi ne recl amati uon
perml t and recl amati on pl an shal 1 be requi red i f more than two
~ acres of land is to be disturbed or more than 10,000 yards of
mi neral i s removed i n any type of mi ni ng operation. (For
example, the removal of top soil or any other aggregate type of
material to be sold or used for construction off the proposed
si te. )
E. ORDER
The Hearing Examiner CommitteE, pursuant to the aforementioned, finds that
the application of Roy L. Wyatt, for a zone reclassification as described
in the application should be APPROVED for the MULTIPLE FAMILY SUBURBAN
zoning and the proposed RESIDENTIAL OFFICE ZONE be DENIED.
Nloti on by : Skal stad Seconded by : Tenni can
Vote: Skalstad - Aye
Tenni can - Aye
Myers - Aye
Unanimous to APPROVE the MULTIpLE FAMILY SUBURBAN
ZONE - (3 - 0)
Unanimous to DENY the RESIDENTIAL OFFICE ZONE -
(3-0)
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E. URDER (continued)
HEARING EXAPIINER COMMITTEE
HEREBY ATTtST TO THE ABOVE
FINUINGS, ORDER, AND VOTE
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ATTEST: /
For WALLIS D. HUBBARD
Pl anni g Di rector
~ By 'STEVE P. HOROBIOWSKI
Zoni ng Admi ni strator
D a te :
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S P O K A NIF-, C O U N' T X
OFFICE OF THE HEARING EXAyfINER MICHAEL C DEMPSEY, CHIEF EXAMINER
March 2, 1999
Bryan Stone
104 South Division
Spokane, WA 99202
RE File No ZE-9-98, Request for modificahon to decision
Dear iVlr. Stone
I am in receipt of your facsimile letter dated March 1, 1999, requesting that my decision be
revised to allow the applicant to make nunor modifications to the ahgnment of Cherry Street
J extended as discussed at the public heanng.
I am reluctant to revise my wntten decision in the above matter, since you did not submit a
written request for reconsideration before my decision became final on February 8, 1999 A
review of the record lndicates that at fihe public heanng you requested having the ability to make
minor modifications to the alignment of Cherry Street extension as agreed to by County
Engineering, to avoid having another public hearing in the future I responded that minor
modifications regarding access should not be a problem County Engineering d.id not respon,d to
these comments
My response at the hearing was not intended to convey the impression that I was going to
modify County Engineenng's recommended conditons of approval for your rezone to authorize
min.or allgnments to the subject roadway My response was based on Section 14.504 040, which
generally authorizes minor alterations to site development plans approved for rezone
applications, provlded that the changes axe not contrary to the condltions of approval of the
rezone, the density or intensity of the land use is not increased, and there are no sigruficant
affects on adjacent land uses From pnor expenence, I was aware that County Engneenrig
routinely allows minor deviations to internal road alignments on a srte development plan if they
do not have any material impacts. Bt.ulding and Planning condltion #2 for your rezone
authonzes minor site plan revisions in accordance with Section 14.504.040 of the Zorung Code.
County Engineer's conditions imposed on your rezone do appear tied to a ceztaui alignment
of Cherry Street However, from d.iscussing your letter bnefly with County Engineeruzg, I
believe they will take the position that the conditions of approval allow minor adjustments to the
alignment of the subject roadway, as agreed to by the County Engineer Perhaps a letter from
such agency confirming this is all you need to facilitate future development or tzansfer of the
property.
THIRD F[.OOR PUBLIC WORKS BUILDING
1026 WEST BROADWAYAVENUE, SPOKANE, WASxiNcTON 99260-0245
PHOIVE (509) 324-3490 • FAx (509) 324-3478 • TDD (509) 324-3166
Bryan'Stone j '
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ZF 9 - 9 8
March 2, 1999
Page 2
Please be advlsed that the Counfy Engineenng conditions imposed on th.is rezone are the
same as still exist for the balance of the onginal site under the Hearing Examiner Coinmittee's
1985 decision rf the County Engzneenng conditions regardLng the Cheny Street extension need
to be modified for this rezone, they would also have to be modified for development of the
balance of the original site. I have no authonty whatisoever to modzfy the cond.itions of approval
for the balance of the onginal site.
County Enganeering has indicated that they will contact you to discuss this matter in hopes
that it can be resolved wifhout any actzon by me. Yf both you and County Engineenng agree that
the conditions of approval need to be revised, I will consider revisrting the issue of
reconsideration.
Szncerely,
4/6& C a, ?
Michael C Dempsey
Hearm.g Examiner
t '
c Pafi Harper and Scott Engelhard, D1vision of Engineering
John Pederson, Divlsion of Building and Planning
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' SPOKINE COUNTY HEARING EXAMINER
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RE. Zone Reclassificarian from Urban ) FINDINGS OF FACT,
Residential-3.5 (UR-3 5) to ) CONCLUSIONS
Urban Resldential-22 (UR-22) ) AND DECISION
Applicant: Bzyan Stone )
File NO ZE-9-98 )
1. SUMMARY OF PROPOSAL AND DECISION
Proposal: Applicahon for a zone reclassificahon from Urban Residential-3.5 (UR-3.5) to
Urban Residential-22 (LJ'R-22) on approximately 2.15 acres, for those uses allowed in the Uxban
Residential-22 (UR-22) zone.
Decision: Approved, subject to conditions
II. FINDINGS OF FACT AND CONCLUSIONS
The Hearing Examiner has reviewed the zone reclassification application and the
evidence of record and adopts the following findings of fact and conclusions:
A. GENER.AL INFORMATION:
Applicant: Bryan Stone, 104 South Division, Spokane, WA 99202
Legal Owner. Qualchan Investments Spokane, Inc., c/o Bryan Stone, 104 Soufh Divislon,
Spokane, WA 99202
Address: Not asslgned.
Location: Crenerally located along the east side of SR-27 (Pines Road), in the NW 1/4 of
Sechon 10, Township 25 North, Range 44 EWM.
c8lQ,~Si
Legal Description: Beguining at a point 53 1/3 rods south of the northwest corner of the
~ northwest quarter of Sectton 10, Township 25 North, Range 44 EWM, thence east 60 rods;
thence south ~O~rods, thence west ~6~ rofis more or less to the centerline of the county road,
thence north~o the place of begi.n.nin F situate in the County of Spokane, State of Washington.
Zoning: Urban Resldential-3.5 (UR-3.5). The site also lies within the Aquifer Sensitive
Area and Public Transit Benefit Area designated by the County Zorung Code.
Comprehensive Plan Category: The property is designated in the Urban category of the
Spokane County Generalized Comprehensive Plan. The property is also located within the
Aquifer Sensitive Area, Pnority Sewer Service Area and Urban Impact Area designated by the
Plan.
HE Findings, Conclusions and Decision ZE-9-98 Page 1
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Environmental Review: A Determinanon of Nonsignificance was issued by the Divlsion of
Bu,ilding and Planning on October 9, 1998
Site Description: The subJect property is approxunately 2.15 acres in size and is currently
undeveloped. Site topography is relatively flat, with steeper slopes found on the adjozning
ownership to the east. Sife vegetahon is minl.mal and recent grading activities have occurred on-
site. The slte is located inside the intenm urban growth area (IUGA) boundanes established by
the County pursuant to the State Growth Management Act. The Cou.nty Cntical Areas maps
illustrate an Urban Natural Open Space pnonty wildlife habitat on the site
Surrounding Conditions: State Route 27 (1'ines Road) lying west of the site is a four (4)-lane
paved state highway with curb and sidewalk Euclid Avenue to the north is designated as a Local
Access road by the County Artenal Road Plan The land immediately north of the site is
undeveloped, but was recently rezoned to the Light Industrial (I-2) zone for development of an
industrial park (File No ZE-5-98). Further to the north are found offices and multi-farmly
residences on land zoned UR-22, as well as undeveloped land Land uses to the south consist of
offices and multi-family dwellings, on land zoned UR-22 The land east of the site includes the
applicant's adjacent ownership, which is zoned UR-22 and undeveloped. Further east the land is
zoned Ruxal Residential-10 (RR-10), and includes old Walk in the Wild Zoo site-and vacant land
The land lying west of the site is zoned UR-3.5 and UR-22, and includes single-family
residences and multi-family residences.
Project Description: The applicant proposes to rezone the site from the UR-3 5 zone to the
UR-22 zone. In 1985, Spokane County rezoned 12.39 acres of land lying adjacent to the site
from the Agricultural zone to the Multiple Family Suburban zone, under the now expired County
Zoning Ordinance, for the purpose of developing a 270-unit apartment complex. A concurrent
proposal to rezone the current site of 2 15 acres from the Agncultural zone to the Residential
Office zone was denied at the same time. See Board af County Commiss7oners Findings of Fact,
Decision and Conditlons dated 6-25-85, in File No ZE-120-84.
The site plan of record lllustrates the entixe 14.55 acre parcel that was subject to the 1985 rezone
decision, as well as the 2 15 acre portion involved in the current action. The site plan shows 270
multiple family residences distnbuted on the entire 14 55 acre site (in 17 multi-family
structures), a recreatlon/manager's building, off-street parking, the future extension of Cherry
Lane, a building height of 31 feet and setbacks in conformance wit.h the development standards
of the UR-22 zone. The landscaping detail on the site plan of record is difficult to read, and
would be subject to revision at the tune of site plan review to comply with the landscaping
requirements specified by Section 14.806 of the Spokane County Zoning Code Access to the
subject property would be provided by the easterly extension of Grace Lane from Pines Road,
with Grace Lane then turning southerly to allow for extension of Cherry Lane through the central
portion of the site.
B. PROCEDURAL INF4RMATION:
Applicable Zoning Regulations: Spokane County Zoning Code Chapter 14.622
Hearing Date aad Location: October 28, 1998, Spokane County Public Works Building,
Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA.
HE Findings, Conclusions and Decision ZE-9-98 Page 2
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Notices: Mailed: October 7, 1998 by applicant
Posted: October 9, 1998 by applicant
~ Publlshed. October 9, 1998
Compliance The legal requirements for public notice have been met.
Hearing Procedure: Pursuant to Resolurion Nos. 96-0171 (Hearing Examiner Ordinance)
and 96-0294 (Hearing Examiner Rules of Procedure).
Testimony:
John Pederson Matt Albrecht
Division of Building and Plannulg WA State Department of Transportation
1026 West Broadway 2714 North Mayfair
Spokane, WA 99260-0240 Spokane, WA 99207
Bryan Stone
104 South Division
Spokane, WA 99202
Items Noticed: Spokane County Comprehensive Plan, Zoning Code, County Code and
Resolution Nos. 96-0171 and 96-0294.
C. LAND USE ANALYSIS:
1. General anDroval cntena
The County Heanng Examiner Ordinance authorizes the Hearing Exanuner to hear and
decide rezone applications. The Examiner is authonzed to grant, deny or grant with such
conditions, modificanons and restrictions as the Examiner finds necessary to make the
application compatible with the Spokane County Generalized Comprehensive Plan and
development regulations. See County Resolution No. 96-0171, Attachment "A", paragraphs 7
(d) and section 11; and RCW 36.70 970 Appllcable development regulations include without
]imitatlon the Spokane County Zoning Code, the State Environmental Pollcy Act (SEPA) and the
County's Local Environmental Ordlnance (chapter 11 10 of the Spokane County Code)
In considerng a rezone applicahon, Washington case law generally provides that (1) there
is no presumption in favor of the rezone, (2) the applicant for the rezone must prove that
condltions have substantially changed in the area since the last zomng of the property, and (3) the
rezone proposal must bear a substanhal relationship to the public health, safety or welfare.
ParkYZdge v Seattle, 98 Wn 2d 454, 462 (1978); and Bjarnson v Kitsap County, 78 Wn. App
840 (1995)
Devianon from a comprehensive plan does not necessanly render a rezone illegal The
plan is considered as a general bluepnnt and only general conformance with such plan is required
to approve a rezone. Citizens for Mount Vernon v City of Mount Vernon, 133 Wn.2d 861, 873
(1997); Cathcart v Snohomish County, 96 Wn.2d 201, Zl 1-12 (19$1), and Bassani v County
Commissioners, 70 Wn. App. 389 (1993).
HE Findings, Conclusions and Decision ZE-9-98 Page 3
. ; Zoning Code 14.402 020 (1) authonzes the Code to be amended if rt is . consistent with
l the Comprehensive Plan and is not detrimental to the public welfare. " Zoning Code
14.402.020 (2) authonzes a Code amendment where ..[c]hange in economic, technological, or
` land use conditions has occurred to warrant modification of this Code These are the
relevant cntena listed in the Zoning Code for consideration af the current rezone application
2. The proposal, as conditioned, generallv conforms with the Spokane Countv Generalized
Comnrehensive Plan, bears a substanttal relationship to and will not be detrlmental to the publlc
health, safetv and izeneral welfare, and complies with the Snokane Countv Zonine Code and
other applicable develonment reRulanons.
The site is designated in the Urban category of the Comprehensive Plan. The Division of
Buildxng and Plarulang found that the proposal generally conformed to the policies of the Urban
category and that the project implements the purpose and intent of the UR-22 zone expressed in
the Zorung Code. The Examiner hereby adopts and incorporates by reference herein the analyszs
contained in the Staff Report regarding such issues as findings of fact and conclusions.
The County Critical Areas maps illustrate an Urban Natural Open Space priority wildlife
habitat on the site. The Wash,ington Department of Fish and Wildlife ()VDFW} did not request
the preparation of a wildlife management plan for the srte under the County Critical Areas
Ordinance, due to the existing and surrounding land uses. The WDFW has requested that the
applicant voluntanly provide native landscaping in conjunction with development of the project
No opposition was expressed to the proaect by neighbonng property owners or public
agencies. The project wlll be reasonably compatlble with adjoining land uses, whach include
slmilar uses to the proposal. The project is condrtlaned for compliance wrth the UR-22 zone and
other applicable provisions of the Zoning Code.
The procedural requirements of chapter 43.21 C RCW and chapter 11.10 of the Spokane
County Code have been met The Hearing Examiner concurs with the Determination of
Nonsigruficance issued by the Division of Building and Planning No adverse comments were
received from public agencies that would dictate a need for wrthdrawal of such environmental
determination
3. Condttions in the area in which the propertv is located have chan2ed substantially
since the t)ronertv was last zoned
Yn applying the changed circumstances test, courts have looked at a vanety of factors,
including changed public opinion, changes in land use patterns in the area of the rezone proposal,
and changes on the property itself The Zoning Code references changes in "ecanomic,
technological or land use conditions" as factors that wlll support a rezone Spokane County
Zoning Code Section 14 402 020 (2) Washington courts have not required a"strong" showing
of change The rule is flexible, and each case is to be judged on its own facts. Bassani v County
Commassioners, 70 Wn. App 389, 394 (1993). Recent cases have held that changed
circumstances are not required for a rezone if the proposed rezone lmplements policies of a
comprehensive plan Bjarnson, at 846, Save Our Rural Envaronment v Snohomish County, 99
Wn 2d 363, 370-371 (1983)
HE Findings, Conclusions and Decision ZE-9-98 Page 4
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~ As d.iscussed above, the proposal is generally consistent with the Comprehenslve Plan
, There is ample evidence of changed conditions in the area since the last zoning of the site,
including increased traffic and development along Pines Road in the area, the extension of public
~ sewer to the area, and considerable rezorung activity for urban development near the srte, as cited
on page 2 of tl1e Staff Report.
TZI. DECISION
Based on the Flridings of Fact and Conclusions above, the above application for a zone
reclassification is hereby approved, subject to the conditions of the vanous public agencles
specified below
Failure to comply with the conditions of this approval may result in revocatian of tlus
approWal by the Heanng Examiner. This approval does not waive the applicant's obligation to
comply wrth all other requirements of other agencies with junsdiction over land development.
SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING
1. All condltions imposed by the Heanng Examiner shall be binding on the "Applicant",
which term shall include the developer and owner of the property, and thelr heirs, assigns and
successors.
2. The proposal shall comply with the Spokane County Zorung Code and the Urban
Residential-22 (UR-22) zone, as amended
3 The applicant shall develop the subject pxoperty generally in accordance within the concept
presented fio the Hearrng Body Vanations, when approved by the Division Directorldesignee,
may be pennitted, including, but not limited to building location, landscape plans and general
allowable uses of the permitted zone. See Sectlon 14 504.040 of the Zoning Code All
vanatlons must conform to regulations set forth in the Spokane County Zoning Code, and the
onginal intent of the development plans shall be maintained
4. Approva] is required by the Divislon Directorldesignee of a specific lighting and sigzung
plan for the descnbed property pnor to the release of any building permits.
5 A specific landscape plan, planting schedule and provislons for maintenance acceptable to
the Divlsion Director/designee shall be submitted with a performance bond or other suitable
guarantee for the project pnor to release of building permits. Landscaping shall be installed and
maintained so that sight distance at access points is not obscured or zmpalred.
6. Dlrect ]ight from any exterior area lighting fixture sha11 not extend over the property
boundary.
7. The Divlsion of Bullding & Planning shall prepare and record wifih the Spokane County
Auditor a Title Notice noting that the property in quEStion is subject to a vanety 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 affectiazg the property in questlon The Tltle Notice
HE Findings, Conclusions and Decision ZE-9-98 Page 5
should be recorded within the same time frame as allowed for an appeal and shall only be
released, in full or in part, by the Division of Bwlding & Planning The Title Notice shall
~ generally provide as follows
The parcel of property legally descnbed as is the subject of a land use action by a
Spokane County Hearing Body or Administrative Official on , imposing a varlety of special
development conditions. File No. is available for inspection and copying in the Spolcane
County Division of Building & Planning.
8 The Division of Bu.ilding & Planning shall file wzth the Spokane County Audltor, witlun
the same time frame as allowed for an appeal from the final disposihon, including lapsing of
appeal period, a Title Notice, which shall generally provide as follows
"Pnor to the issuance of any buildLng permit for any building or any use on the property
described herein, the applicant shall be responsible for complying with the provisions of the
Zoning Code for Spokane County, Section 14 706 (Aquifer Sensitive Area Overlay Zone). The
property which is the subject of this notice is more particularly descnbed as follows•
SPOKANE COUNTY DIVISION OF ENGINEERING
1 The County Engineenng Department conditlons of approval listed on pages 5-6 of the
Spokane County Hearing Examiner Committee Findings and Ordez dated March 14, 1985 in
Building and Planning File No ZE-120-84 shall apply to the current application.
SPOKA.NE REGIONAL HEALTH DISTRICT
1 The sewage dzsposal method shall be as authorized by the Dlrector of Utilitles for Spokane
County
2 Water servlce shall be coordinated through the Director of Utilitles for Spokane County.
3. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
4 A public sewer system shall be made available for the project and individual service will be
provided to each lot prior to sale The use of individual on-site sewage disposal systems shall
not be authonzed
5 The use of pnvate wells and water systems is prohibrted
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide publlc sewer system shall be constructed A
sewer connection permit is required Applicants for commercial permits shall subnut hlstoncal
and/or estimated water usage prior to the issuance of the connectlon pennit in order to establish
se-,ver fees
HE Findings, Conclusions and Decision ZE-9-98 Page 6
2. -The applicant shall submit expressly to the Spokane County Utilities Division, "under
~ separate cover"; only those plan sheets showing sewer plans and specifications for public sewer
connections and facilities for review and approval. Commercial developments shall submrt
histoncal andlor estimated water usage as part of the sewer plan submittal
3. Sewer plans acceptable to the Division of Utillties shall be submitted pnor to the issuance
of the sewer construction permit.
4. Arrangements for payment of applicable sewer charges must be made pnor to issuance of
sewer connection permrt. Sewer chaxges may include special connection charges and general
facilities charges. Charges may be substantial depending upon the nature of the development.
5. Any water service for this proJect shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKA,NE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. All alr pollutlon regulations rnust be met.
WASHINGTON STATE DEPARTMENT OF TRA.nTSPORTATION
1. Pnor to issuance of occupancy permits for this site, the appllcant shall analyze the
intersection of Pines Road and Grace Avenue to deternune if adequate capacity exists for this
development If this intersection will be degraded to Level of Servlce "F", the applicant shall
install a westbound left turn restrictor at this intersection to divert tlus traffic movement to other
intersections The analysis and the design of the left turn restnctor shall be approved by both
WSDOT and Spokane County Engineers pnor to its installation.
HE Findings, Conclusions and Decision ZE-9-98 Page 7
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DATED this 25th day of January, 1999.
SPOKANE COUNTY HEARING EXAMINER
Michael C. Dempsey, WSBA #8235 U
NOTICE OF FINAL DECISION AND NOTICE OF RTGHT TO APPEAL
Pursuant to Spokane County Resolution Nos 96-0171 and 96-0632, the decislon of the
Heanng Exammer on an application for a zone reclassification and accompanying SEPA
determination is final and conclusive unless within ten (10) calendar days from the Exam.iner's
wntten declsion, a party of record aggrieved by such decision files an appeal with the Board of
County Commissioners of Spokane County, Washulgton However, RCW 36.70B.110 (9)
indicates that admirustrative appeals of county land use decisions and SEPA appeals shall be
filed with the board of county commissioners within fourteen (14) calendar days of the date of
the decision
This decision was ma.iled by certified mail to the Applicant on January 25, 1999
DEPENDING ON WHICH APPEAL PERIOD REFERENCED A.BOVE LEGALLY
APPLIES, THE APPEAL CLOSING DATE IS EITHER FEBRUARY 4, 1999 OR
FEBRUARY 8,1999.
The complete record ln this matter, including this declsion, is on file during the appeal penod
wlth the Office of the Heanng Examiner, Thixd Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Waslungton, 99260-0245, (509) 324-3490. The file may be inspected
ciuring normal working hours, listed as Monday - Frlday of each week, except holidays, between the
hours of S 00 a.m and 4 30 p m Copies of the documents in the record will be made available at
the cost set by Spokane County Ordinance
HE Findings, Conclusions and Decision ZE-9-98 Page 8
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s~E I-IAvE:v LLc
P.O. Box 7672
DEER PARK WASHINGTON 990065
(509) 276-2048
(509) 276-231 3 fax
?~1~1~• 1 R.200 ;
C.'ity ot'Spol:w1C- \7 allC~,
11747 E. Spra.gue AN'C.
Spokane Valley Was}lirigton 99 ~'O(~
ATTEN "I'ION: N1r. Kim Lyorulai s
RFFrRF\-C'T: S3fZ ]`-TaveIl SeIllili' Co1TllilllllttA'
llear NIr. Lyonnais:
1'he Safe Haven LLC, a Washuigtou LLC has been approved for a humanitiarn grant, tt)
develop senior housing that meets the needs of ageing America. The sen.ior housing need>
are quite different from what we have come to know as standard housing, which imposes
a need to rethink our plannuig and development requirements. We hope that the city tiv-ill
be as creative as we feel that Nve need to be, in devtlopine the SAI'L- HAVE'N'
COM\-fi ?NTTY.
SI'I,E:
V4'e have chosen thc Qualchan Itlvesunent property on the east sicle oi pines Road and
south of Grace Ave. Parcel numher 45102.9011 , consisting of 14.75 acres. About half of
the site east and west is level with the Pi.nes road right away. The back half has a major
and abrupt grade change raising in elevation about 40 feet. The present thinking is to di(i
a day light basement into the face of the ridge, for a parking garage, and build three fivz
story towers on top of the garage, contai.ning 180 living units and the common areas. Thz
five towers are needed ta reduce the Iength of corridors. We then plan to huild an
additional 50 free standing L7arden cotta(Yes on the lt»wer frnrlt half.
Thz subiect site -~vas zc~ned bv tl}z count~, L'R22 With a number of c.onditions includini-i
building the 270 apartment house project, in aceordance with the site plan on file with the
county commissioners. There is a fifly foot heig.ht lunitation. We request that the height
limitation be increased to 60 fzet. The approval conditions also require that Cherry Street
be extended from its northem terminus north to connect with Grace Ave. This publie
street would divide the site in half, and pose sever grade problems. We request that
Cherry Street alignment follow the now existing road way built on the property to our
suuth, by the Imrin Water District, to accommodate their new water tower. This would
allow us to have a gated community with our main entry on Pines Road. The secondarN~
lI1zI'cSS wOllld he at the ad)CllIlltlci entrance to Grace I~t-e. A11 utilities are at t11e site.
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We propose private paved streets; rolled curb and gutter adjacen.t to the side walks, to
accommodate wheel chair access, Nualking paths for zesidents exercise and landscaping.,
The gaxden cottages will each have a two car garage and room for parkuag two cars in the
driveway The towexs wzll have twenty guest parking spaces
tJNIT MJ.X AND PRODUCT DISCRTIPTION
THREE FIVE STORY TO'GVERS
NUMBER TYPE AREA TOTAL
88 3 br 2 bath 1500 sq ft 132,000 sq ft
48 2 br 2 bath 1200 sq ft 57,600 sq ft
44 2 br 2 bath 1000 sq ft 44,000 sq ft
180 units 233,600 sq ft
50 GARDEN COTTAGES 3BR 2 BATHS 1500 SQ FT 75,000 ANIENETIES LOCATED ZN THE TOWER
Kitchen and dinn.ing room, lobby witb an in home theater, gift shop, craft room, wood
shop, six bed infirmary (to hospital specs), monitored emergency call system, 3 guest
rooms and a back up generafor. All areas of the building will have wheel cbair access. All
units will have cable TV and online access. 1here wiil be a rooin for online access, fax .
maclvnes and copier We will provide residents transportation to shopping and doctors
We will pxovide in hom.e wellness checks.
TITLE AND MARKETING
We do not ptan on filing a subdivision plat. In stead we plan to condo the entire pzoject.
We sell a life leasehold estate, whicll means that the resident puxchase the right to live in
the unit for the rest of his/her life a.nd the life of the spouse for a onetime fee There is
also a monthly fee that pays ta.xes, insurance, utilities; and maintenance. 7'he xeason for
this type of sft-ucture is to ma.intain the property as a retirement home. Since we have no
plans to se11 the fee title, the condo process is th.e best way to insure that the pzoject
retains its purpose. At the time the u.nit reverts to us the resident heirs will be reimbuxsed
85% of what was pa.id for the Leasehold interest At the tzme t,he unit is occupied we will
insure the restdent's and spouse's life in the amount of the 85%, with a second to die,
single prexniuin life insurance policy fihe iease will provide an option that at any time the
resident or the spouse may eleci to defer the monthly fee until time for reimbursement at
whuch t.ime they will receive the 85% less th.e deferred monthly fees. If at the tlme they
elect to defex the monthly fee, and both are 67 years or older we will guarantee thaf they
won't have to leave, even though they have used up the entire SS% reimbursement.
N,
SUMMARY
A.s you can see, a proj ect of this kind has many things not found in the usual housing
development I look forward to working wlth you and your staff to produce a Safe Have
for o seniors.
.
Si~ ly
D. Clardy er
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ZONE RECLASS IF ICAT ION N0. : 'bl
SPOKANE COUNTY A A
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER =
A. INTRODUCTION
This matter having come before the Zoning Hearing Examiner Committee on
March 7, 1985, (conti nued from the February 7, 1985, heari ng), and the
members of the Committee present being Jane E. Myers, Chairperson,
F. Ly nn Tennican and Richard L. Skalstad.
B. PROPOSAL
The sponsor, Roy L. Wyatt, i s requesti ng approval of a zone
reclassification, File No. ZE-120-84, Agricultural to Residential Office
and Multiple Family Suburban, for the purpose of developing a 270-Unit
Multi-Family Complex.
C. FINOINGS OF FACT
1. That the existing land use in the area is residential, multi-family
dwellings, Walk-in-the-Wild Zoo, Kaiser offices and vacant.
2. That the Comprehensive Plan designates this area as appropriate for
Urban type development.
3. That the existing zoning of the pro4erty described in the application
is Agriculturai.
4. That the provisions of RCW 43.21C (The State Environmental Policy
Act) have been complied with, and the Committee concurs with the
Declaration of Non-Significance.
5. That the prope r legal requirements fo r advertisement of the Agenda
Item have been fulfilled.
1
6, That the land in this area is suitable for the proposed use, or
uses within the proposed Zone Classification.
7. That the applicant has demonstrated that conditions have
substantially changed since the original zoning of this area to
Agricultural in 1942; namely, recent zone changes to Multiple Family
Suburban with a similar density to that approved by the Hearing
Examiner Committee; and accordingly, the proposed rezone is
justified.
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ZONE RECLASSIFICATION N0. ZE-120-84
C. FINDINGS OF FACT (continued)
8. That the proposed use is compatible with existing uses in the
area.
9. That the owners of adjacent lands expressed neither approval nor
disapproval of the proposed use.
10. The Hearing Examiner Committee finds the proposed use to be in
hamony wi th the general purpose and wi 11 not be otherwi se
detrimental to the public health, safety, and welfare.
11. The following are additional findings of fact considered by the
Heari ng Exami ner Commi ttee :
a) That the Department of Social and Nealth Services has indicated
that the timing of an areawide sewer system in this area is
uncertain, and that the existing PSSA boundary may in fact be
excessive at this time to realistically provide sewers in this
area.
b) That County officials are attempting to secure State monies to
subsidize the sewer service in this area.
c) That the Department of Social and Health Services is concerned
about the number of proposals as well as densities in the North
Pines area. This concern is due to the fact that no sewer
i nterceptor for servi ce i s i n the area; and, therefore,
drai nfield systems are not really an i nterim sewage di sposal
system.
d) That the Department of Social and Health Services is concerned
that recent development proposals have occurred in areas where
areawi de sewers are not proposed i n the i rrmedi ate future and not
in those areas where sewers are more readily available;
therefore, these proposal s shoul d be vi ewed on thei r meri ts.
e) The Department of Social and Health Services has indicated that
in the future the possibility exists that the PSSA boundary may
be reduced to reflect those areas where sewers can be made more
realistically available and a reduction in density outside the
PSSA boundary to that which is recommended by DSHS through the
recently adopted "On-Site Sewage Disposal Systems" rules and
r2gUlations, WAC-248-96.
P
f) That the Department of Social and Health Services suggests
drainfields not be concentrated in one location; that they be
divided into separate drainfields, thereby spreading the
drai nfi el d effl uent throughout the property.
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ZONE RECLASSIFICATION N0. ZE-120-84
C. F IND INGS OF FACT ( conti nued )
g) That the proposal is too dense for this area north of the
Freeway considering the impacts to the aquifer and the
uncertai nty as to timi ng of sewers i n thi s area.
h) That the Hearing Examiner Committee is concerned that dense
apartment developments in areas where sewers are not planned for
the foreseeable future should be further addressed by the Board
of County Commissioners, and that the information presented to
the Hearing Examiner Committee be made available to the Board.
D. CONDITIONS OR CONTINGENCIES APPLIED TO TNIS APPROVAL
(All Conditions imposed by the Zoning Hearing Examiner Committee shall be
binding on the "Applicant", which term shall include the owner or owners
of the property, heirs, assigns, and successors.)
1. The approval i s for 9 dwel 1 i ng uni ts per acre.
2. That the drainfield area on this site plan may be used for both
conti guous ownershi ps; i. e. , the property to the south, i f determi ned
by the Uepartment of Social and Health Services that this creates the
best possible result with the least possible degradation to the
aqui fer. If so approved by DSHS, then the Zoni ng Admi ni strator may
review and approve a revised site to coordinate the drainfield
location on this site and require the same 50-foot setback witft
4-foot berm densely landscaped on the property to the south.
3. That the request for Residential Office zoning is hereby denied by
the Heari ng Exami ner Committee; the rredomi nate reason being the
uncertai nty i n ti mi ng of the sewer i n thi s area whi ch woul d resul t i n
the abandonment of drainfields, for future use as offices does not
appear practical at this time.
a) COUIdTY PLANNING DEPARTMENT
1. The Zoning Administrator shall approve a specific exterior
lighting plan for the approved area prior to installation of
such lighting. (Such plan shall attempt to confine illumination
to the area with full consideration to adjacent properties).
2. A specific landscapE plan, planting schedule and provisions for
maintenance acceptable to the Spokane County Zoning
Administrator shall be submitted with a performance bond for the
project prior to release of building permits. Landscaping shall
be installed and maintained such that sight distance at access
points is not obscured or impaired.
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ZONE RECLASSIFICATION N0. ZE-120-84
a) COUNTY PLANNING DEPARTMENT (continued)
3. The applicant shall develop subject property generally in
accordance within the concept presented to the Hearing Examiner
Committee. Variations when approved by the Zoning Administrator
will be permitted, including, but not limited to the following
changes: Building location, landscape plans, and general
allowable uses of the permitted zone. All variations must
conform to regul ati ons set forth i n the Spokane County Zoni ng
Ordinance. The original intent of the development plans shall
be maintained.
4. The specific development plan will be submitted for Planning
Department review and approval prior to issuance of building
permi ts.
5. All current standards of the Residential Office and Multiple
Family Suburban Zones, as amended, shall be complied with in the
development of this site.
TO RESIDENTIAL OFFICE: S 26-2/3 Rods of W 60 Rods of NW 1/4 of
the NW 1/4 AND N 13-1/3 Rods of W 60 Rods of SW 1/4 of the NW 1/4
EXCEPT E 726 feet AND EXCEPT S 260 feet of Section 10-25-44
_ TO MULTIPLE FAMILY SUBURBAN: S 26-2/3 Rods of W 60 Rods of
NW 1/4 of the NW 1/4 AND N 13-1/3 Rods of W 60 Rods of SW 1/4 of
the NW 1/4 EXCEPT W 234 FEET and except N 400 feet of Section
10-25-44
6. That the project is subject to Section 4.16A.050, the Aquifer
Sensi ti ve Area Overl ay Zone of the Spokane County Zoni ng
Ordinance, which sets forth various measures for Aquifer
protect~o^; sr°~if3ca;ly, measures d2aling wi~h wastewater
disposal, spill protection measures, and stormwater runoff.
7. That the present proposal is not detailed enough to determine
whether or not the use of or materials stored on the site are in
compliance with Chapter 4.16A (Aquifer Sensitive Area Overlay
Zone) of the Spokane County Zoning Ordinance. Accordingly, as a
condition of approval, the sponsor/applicant shall be required
to file with the Spokane County Auditor, within thirty (30) days
of the si gni ng of Fi ndi ngs and Order of the fi nal deci si on i n
this matter, a"Notice to the Public" which shall provide in
material as follows:
"PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT OR
CERTIFICATE OF OCCUPANCY FOR ANY BUILDING OR ANY USE
ON THE PROPERTY DESCRIBED HEREINAFTER, THE APPLICANT
SHALL BE RESPONSIBLE FOR COMPLYING WITH THE PROYISIONS
OF SPOKANE COUNTY ZONING URDINANCE CHAPTER 4.16A
(AQUIFER SENSITIVE AREA OVERLAY ZONE). THE PROPERTY
WHICH IS THE SUBJECT OF THIS NOTICE IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:....".
4
,
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ZONE RECLASSIFICATION N0. ZE-120-84
a) COUNTY PLANNING DEPAR7MEwT (continued)
8. Signs for this project shall conform to standards as set forth
in Section 4.09.125 Signs.
9. Applicant shall comply with q208; recommendations concerning
stormwater runoff and provide necessary landscaping for runoff.
10. Any division of land for the purpose of sale, lease or transfer,
shall comply with RCW 58-17 and the Spokane County Platting
Ordinances prior to issuance of building permits.
11. That the provisions of SEPAus NOTICE OF ACTION pursuant to
Chapter 43.21C.080 RCW and the Board of Spokane County
Commissioners Resolution #77-1392 be initiated by the project
applicant within thirty (30) days of final disposition of this
application, and prior to any on-site improvements.
12. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA,
Guidelines (WAC 197-10) and the Spokane County Environmental
Ordinance (SCEO), a proposed declaration of non-significance has
been issued at least fifteen (15) days prior to this date; the
official file, written comments and/or public testimony contain
information regarding assessment of the proposal;s likely
significant adverse impacts to the phy sical environment; a
finding is hereby made that no probable significant adverse
impacts upon the physical environment are anticipated as a
result of the project; and a final declaration of
non-significance is hereby to be issued.
13. T"at a 50-foa t setback -from Pi nes be requi red with a 4-foot berin
densely landscaped.
b) COUNTY ENGINEERING DEPARTMENT
Prior To The Issuance Of A Building Permit:
1. Applicant shall dedicate 60 feet on Cherry Street (as depicted)
for ri ght-of-way pri or to any use of the property.
'L. Access permits for approaches to the County Road System shall be
obtai ned from the Spokane County Engi neer.
3. Appl i cant shal 1 improve Cherry Street and Cherry Lane i n a
manner consistent with Spokane County TYPICAL roadway section
No. 1 minimum paving width Access Standard.
5
• '7 1 J ~
ZONE RECLASSIFICATION N0. ZE-120-84
b) COUNTY ENGINEERING DEPARTMENT (continued)
4. Applicant shall submit for approval by the Spokane County
Engineer road, drainage, and access plans prior to the issuance
of a building permit on the property.
5. The applicant shall submit for approval by the Spokane County
Engineer and the Spokane County Health District a detailed
combined on-site sewage system plan and surface water disposal
plan for the entire project prior to the issuance of any
building permit on the property.
6. A parking plan and traffic circulation plan shall be submitted
and approved by the Spokane County Engineer prior to the
issuance of a building permit on the property. The design,
location, and arrangement of parking stalls shall be in
accordance with standard traffic engineering practices. Paving
or surfacing as approved by the County Engineer, will be
required for any portion of the project which is to be occupied
or travel ed by vehi cl es.
7. The word "applicant" shall include the owner or owners of the
property, his heirs, assigns, and successors.
8. The construction of the road improvements stated herein shall be
accomplished as approved by the Spokane County Engineer.
9. All required improvements shall conform to the current State of
Washington Standard Specifications for Road and Bridge
Construction, and other applicable County standards and/or
adopted r2solutions pertaining to Road Standards and Stiormwater
Management in effect at the date of construction, unless
otherwise approved by the County Engineer.
10. Roadway standards, typical roadway sections and drainage plan
requirements are found in Spokane Board of County
Commissioners;Resolution No. 80-1592 as amended and are
applicable to this proposal.
c) CUUNTY UTILITIES DEPARTMENT
l. Pursuant to Board of County Commissioners', Resolution No.
80-0418, the use of on-site sewer disposal systems is hereby
authorized. This authorization is conditioned on compliance
with all rules and regulations of the Spokane County Health
District and is further conditioned and subject to specific
application approval and issuance of permits by the Health
District.
6
,
ZONE RECLASSIFICATION N0. ZE-120-84
c) COUNTY UTILITIES DEPARTMENT (continued)
2. The owner(s) or Successor(s) in interest agree to authorize the
County to place their name(s) on a petition for the formation of
a ULID by petition method pursuant to RCW 36.94 which the
petition includes the Owner(s) property and further not to
object by the signing of a protest petition against the
formation of a ULID by resolution method pursuant to RCW Chapter
36.94 which includes the Owner(s) property. PROVIDED, this
condition shall not prohibit the Owner(s) or Successor(s) from
objection to any assessment(s) on the property as a result of
i mprovements cal 1 ed for i n conj uncti on wi th the formati on of a
ULID by either petition or resolution method under RCW Chapter
36.94.
3. Any water service for this project shall be provided in
accordance with the Coordinated Water System Plan for Spokane
County, as amended.
4. Each dwelling unit shall be double-plumbed for connection to
future areawi de col 1 ecti on systems.
5. Plans and specifications for the double plumbing are to be
reviewed and approved by the Utilities Department prior to
making septic tank permit application.
d) COUNTY HEALTN DISTRICT
l. A combined surface water and sewage disposal detailed plan shall
be approved by the County Engineer and the Health District prior
to tne i ssuance of any buii ding permi t fror thi s proj ect.
2. Sewage disposal method shall be as authorized by the Director of
Utilities, Spokane County.
3. Subject to specific application approval and issuance of permits
by the Health Officer, the use of on-site sewage disposal
systems may be authorized.
4. Water service shall be coordinated through the Director of
Utilities, Spokane County.
5. Water service shall be by an existing public water supply when
approved by the Regional Engineer (Spokane), State Department of
Social and Health- Services.
6. Use of private wells and water systems is prohibited.
7. Disposal of sewage effluent beneath paved surfaces is currently
prohibited.
7
.
,
. ~ ~
ZONE RECLASSIFICATION N0. ZE-120-84
e) COUNTY BUILDING AND SAFETY DEPARTMENT
l. The site is located in Fire District # l.
2. The Building Official hereby requires substantiating data for
cut and fills used to support the foundations of any buildings
and structures. This shall require a professional engineered
approved site drainage plan and/or footing and foundation
desi gn.
3. The development shall be provided with at least two (2) points
to the public street. The access locations shall be
approximately on opposite ends of the development.
4. Trash enclosures shall not be located adjacent to combustible
construction or underneath windows or nonprotected eaves.
5. A land use permit will be required for each structure.
6. Each structure shall be accessible to Fire Department apparatus
by way of access roadways with all-weather driving surface
capable of supporting the imposed loads of fire apparatus as
approved by the Department of Building and Safety.
7. Fire Hydrants which meet the fire flow are required to be
installed prior to ary construction.
f) WATER PURVEYOR
1. Water Purveyor "Is Irvi r Water C is tric t, and they wi i 1 supply the
site with adequate water for domestic, fire and irrigation uses;
and arrangements are in process to serve this proposal.
g) COUNTY AIR POLLUTION CONTROL AUTHORITY
l. Air pollution regulations require that dust emissions during
demolition, excavation and construction projects be controlled.
This may require use of water sprays, tarps, sprinklers, or
suspension of activity during certain weather conditions. Haul
roads should be treated and emissions from the transfer of
earthen material must be controlled as well as emissions from
all other construction related activities.
2. Measures must be taken to avoid the deposition of dirt and mud
from unpaved surfaces onto paved surfaces. If tracking or
spills occur on paved surfaces, measures must be taken
immediately to clean these surfaces.
8
ZONE RECLASSIFICATION N0. ZE-120-84
g} COUNTY AIR POLLUTION CONTROL AUTNORITY (continued)
3. All travelled surfaces (ingress, egress, parking areas, access
roads) must be paved and kept clean.
4. It has been determined that fireplaces and wood stoves are a
significant source of suspended particulates. The small
particles lOmicrons) are respirable and can have an adverse
effect upon the health of the public. We strongly urge that if
wood stoves/fireplaces are used, that burning be done as
efficiently as possible. All wood should be seasoned and stored
in a dry place. During periods of poor ventilation or elevated
air pollution levels, we request that use of wood stoves and
fireplaces be discontinued.
5. Some objectionable odors will likely result during the
construction phase of the project and from motor vehicles using
the site following completion of the project and from occupants
of the proposed project.
6. All air pollution regulations must be met.
h) DEPARTNIENT OF NATURAL RESOURCES
1. Surface h9i ni nq Permi t- A surface 1 and mi ne recl amati uon
permit and reclamation plan shall be required if more than two
acres of land is to be disturbed or more than 10,000 yards of
mi neral i s removed i n any type of mi ni ng operati on. (For
' example, the removal of top soil or any other aggregate type of
material to be sold or used for construction off the proposed
site.)
E. ORDER
The Hearing Examiner Committee, pursuant to the aforementioned, finds that
the application of Roy L. Wyatt, for a zone reclassification as described
in the application should be APPROVED for the MULTIPLE FAMILY SUBURBAN
zoning and the proposed RESIDENTIAL OFFICE ZONE be DENIED.
Motion by: Skalstad Seconded by: Tennican
Vote: Skalstad - Aye
Tenni can - Aye
Myers - Aye
Unanimous to APPROVE the MULTIPLE FAMILY SUBURBAN
ZONE - (3 - 0)
Unanimous to DENY the RESIDENTIAL OFFICE ZONE -
(3-0)
9
r
ZONE RECLASSIFICATION N0. ZE-120-84
E. ORDER (continued)
HEARING EXAh1INER COMMITTEE
HEREBY ATTEST TO THE ABOVE
FINDINGS, ORDER, AND VOTE
ai r ,
I
r
ATTEST :
For WALLIS D. HUBBARD
Pl anni g Di rector
~ '47 d".1
By STEVE P. HOROBIOWSKI
Zoni ng Admi ni strator
Da ~e :
10
• tit tA(;HMENT "A"
Proposed Plotion on Item 11 (a) ZE-120-84, Agricultural to Residential Office
and Multiple Family Suburban.
Mr. Chairman:
After considering all !nublic testimony submitted to the Board at its
Public Hearinq on May 7, 1985, with respect to ZE-120-84, Agricultural to
Residential Office and Multiple Family Suburban, I hereby move that the
appeal of Mr. Nume be approved subject to certain conditions.
In particular I move that the prooosed density of 21.75 units per qross
acre be approved with a condition that the applicant may only develop at a
density of 9 units per gross acre until such time as a public sewer is available
)i
to the site. In approving this interim 9-unit per acre development I additionally
move that the applicant be authorized to cluster this development on the site.
In approving the appeal as conditioned I recognize that I am reversing in
part the decision of the Hearinq Examiner Committee. That decision limited
development to 9 units per acre. I believe the condition which I have attached
to the present approval recognises the sewerage concerns of the Hearing Examiner
Committee and affords integrity to the Comprehensive Waste Water Management Plan.
Finally, but for tne sewerage issue, I am in accord with the Findings of
Fact entered by the Hearing Examiner Committee.
I would request that the Planning Department Staff prepare Findings vf
Fact, Decision and Order reflecting this motion to be presented to the Board
at a subsequent public meeting.
Proposed P1otion on Item 11 (a) ZE-120-84, Agricultural to Residertial Office
and Multiple Family Suburban.
Mr. Chairman:
After considering all public testimony submitted to the Board at its
Public Hearing on May 7, 1985, with respect to ZE-120-84, Agricultural to
Residential Office and Multiple Family Suburban, I hereby move that the
appeal of Mr. Hume be approved subject to certain conditions.
In particular I move that the pronosed density of 21.75 units per qross
acre be approved with a condition that the applicant may only develop at a
density of 9 units per gross acre until such time as a public sevrer is available
to the site. In approving this interim 9-unit per acre develooment I additionally
move that the applicant be authorized to cluster this development on the site.
In approving the appeal as conditioned I recognize that I am reversing in
part the decision of the Hearinq Examiner Committee. That decision limited
development to 9 units per acre I believe the condition avhich I have attached
to the present approval recognises the sewerage concerns of the Hearing Examiner
Comrnittee and affords integrity to the Comprehensive Udaste Water Management Plan.
Finally, but for the sewerage issue, I am in accord vrith the Findings of
Fact entered by the Hearinq Examiner Committee.
I arould request that the Planning Department Staff prepare Findings of
Fact, Decision and Order reflecting this motion to be presented to the Board
at a subsequent public meeting.
s
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. } ~
STATEo~ bep'artment of Natural Resources
o b
~ . P. 0. Box 190, Colville, Washington 99114-0190 BRIAN BOYLE
ti, ~ 509-684-5201 or 1-800-562-6010 Commissloner ot PubLc Lende
~
isa9
DATE: March 11 1985 E C V F n
T0: Spokane County P lanning Department MAR 519 op5
North 721 Jeff erson Street
Spokane, WA 99260 $POKANE COUMO
FROM: tJalt Wruble PLANNlNG DEPARTMEN)
TITLE: Spokane Local Manager
ADDRESS: P. 0. Box 190, Colville, WA 99114-0190
SUBJECT: REVIEW OF DRAFT EIWIRONMENTAL IMPACT STATEMENT/EI+NIRONMENTAL CHECKLIST
ACTION SPONSOR: Roy L. Wyatt
PROJECT: ZE-120-84
We do not have an interest in the above mentioned project and have no
comments on the proposal.
X We do have an interest in the above mentioned project and wish to make the
following comments:
Forest Practice Application 0An approved forest practice application shall be
required prior to any development on any of the forest land within the
boundaries of the project. _
2
Forest Slash Abatement he Proponent ld address the question of forest
slash abatement which should be accomplished ~-ng the clearing operation as
.ovzred under RC~? 76.04.310. The proponent 1~t~3zi'Id have a slash predisp0sal plan
approved by the Department of Natural Resources prior to any development.
Surface Mining PermitJ A surface land mine reclamation permit and reclamation
plan shall be required if more than two acres of land is to be disturbed or more
than 10,000 yards of mineral is removed in any type of mining operation. (For
example, the removal of top soil or any other aggregate type of material to be
sold or used for construction off the proposed site.)
WW:lm
cc: Ryder Chronic, Area Manager
Ross Hesseltine, Arcadia District AZanager
Fiie
Equa! Opportunity, Affirmative Action Employer
/ + 3
, SPOKANE COUNTY HEALTH DISTRI~,if
Inter-Office Communication
/ DATE: January 9, 1985
T0: Zoning Admin" trator, Spokane County
FROM: Daryl E. Way, R.S., Environmental Health Division Field Supervisor
SUBJECT: Proposed Zone Change: ZE-120-84 (Wyatt)
References:
a. Map of subject, scale 1" = 1,000' by Spokane County Planning Department,
undated, received by this office January 7, 1985.
b. Groundwater Resources and Related Geology North-Central Spokane and South-
eastern Stevens Counties of Washington, Department of Water Resources,
State of Washington, 1969.
c. Soil Survey, Spokane Eounty, Washington, Soil Conservation Service, U.S.D.A.,
March, 1968.
d. ~pokane County, Washington, Engineering Interpretations, Soil Conservation
Service, U.S.D.A., August, 1974.
e. Rules and Regulations of the State Board of Health for On-site Sewage
Disposal Systems, D.S.H.S., July, 1983.
f. Logs of water wells in Range 44E, Township 25N, Sections 3, 9, 10, 11,
& 15.
g. Map: Greenacres Quadrangle, U.S.G.S., 1973, and Spokane N.E., U.S.G.5.,
1973.
Findings:
a. This project lies over the Spokane Aquifex.
b. It is within Critical Water Supply Service Area No. 3 and within the ser-
vice area of Irvin Water District. Water supply will be a public system.
Groundwater resources appear adequate to support development at the pro-
posed density.
c. The project is inside the Spokane County Comprehensive Wastewater Manage-
ment Area; inside the General Sewer Service Area, and inside the Priority
Sewer Service Area recommended in the '201' Study. The method of sewage
disposal is subject to approval of the Director of Utilities, Spokane
County, pursuant to County Resolutivn 80.0418 adopted March 24, 1980. °
The topography and soils in tihe area are generally suitable for use of
individual on-site sewage disposal systems. The lot is of the proper
dxmensions to permit use of both an individual well and sewage sy$tem.
d. The project lies in a relatively gentle sloping area east of Pines Road
and south of Grace Avenue. Local drainageways are insignficant.
~
.
Proposed Zone Change: 4E-120-84 (Wyatt)
Page 2
January 9, 1985
e. Surface soi1s are classed as Garrison gravelly loam and Garrxson very
stony loam with 0°jo to 20% slopes. They have a septic tank filter field
limitation of slight to severe with the majority classed as moderate.
There is also possible contamination of groundwater. The soil, based
on textural classification is Type I.
f. 6eologically, the soils are glaciofiuvial deposits. These geological
structures generally yield moderate to very large amounts of water.
Data from wells in the area shows they are from 70' to 170' deep and
have static water levels varying from 40' to 158' below the surface.
The Irvin Water District has indicated that it can supply domestic use
water for the project upon completion of agreements wi.th the proponent.
Recommendations:
a. A combined surface water and sewage disposal detailed plan shall be ap-
proved by the Spokane County Engineer and the Spokane County Health
Dz.strict prior to the issuance of any building permit for this project.
b. Sewage disposal method shall be as authorized by the Director of Utilities,
Spokane County.
c. Subject to specific application approval and issuance of permits by the
Health Officer, the use of on-site sewage disposal systems may be
authorized.
d. Water servzce shall be coordinated through the Director of Utilities,
Spokane County.
e. Water service shall be by an existing public water supply when approved
by the Region?1 Fnoainpar (Spokane), State Department of Social & Ne31th
Services.
f. Use of private wells and water systems is prohibited.
g. Disposal of sewage effluent beneath paved surfaces is currently prohibited.
dc
c: Director of Utilities, Spokane County
c: Roy L. WYatt, Architect
c
~
N. 2310 Cherry Street IR
Spokane, Washington 99216
,j
se- ~ ~~~~p~,
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AGENDA, FEBRUARY 7. 1985 TELEPNONE NO.: 456-2205
SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE
Place: Broadway Centre Building, Second Floor
North 721 Jefferson Street, Spokane, WA 99260
ZONING APPLICATIONS WILL BE HEARD IN THE FOLLOWING OROER. TNE ZONING NEARING EXAMINER
COMMITTEE WILL RECESS FROM 12:00 NOON TO 1:30 P.M. FOR LUNCH AT A PLACE TO 6E ANNOUNCED.
ITEMS NOT NEARD PRIOR TO TNE 5:00 P.M. ADJOURNMENT, WILL BE CONTINUED TO THE NEXT AVAIL-
ABLE DATE AS ANNOUNCED 6Y THE CHAIRMAN OF TNE ZONING HEARING EXAMINER COMMITTEE.
LEGAL DESCRIPTIONS AND PROJECT DETAILS FOR THESE PROJECTS ARE ON FILE AND AVAILABLE IN
TNE PLANNING DEPARTMENT'S OFFICE.
9:00 A.M.
ZONE RECLASSIFICATIONS
1. ZE-120-84 AGRICULTURAL TO RESIDENTIaL OFFICE AND MULTIPLE FAMILY SUBURBAN
{Generally located east of and adjacent to the intersection of
Buckeye Avenue and Pines Road in Section 10-25-44.}
Comprehensive Plan: Urban
Proposed Use: 270-Unit Multi-Family Complex
Site Size: Approximately 14.54 Acres
Applicant: ROY L. WYATT
North 2310 Cherry Street
Spokane, WA 99216
2. ZE- 84-84 AGRICULTURAL TO RESIDENTIAL MANUFACTURED HOME,
(Generally located north of Boone Avenue, approximately
ZOv^ reeAL, east of aarker Road in Section 17-25-45.)
Comprehensive Plan: Urban
Proposed Use: 24-Unit Manufactured Nome Park
Site Size: approximately 3.53 Acres
Applicant: VERNON W. MILHOLLANO
East 8112 Mission Avenue
Spokane, WA 99212
3. ZE-119-84 MUl.7IPLE FAMIIY SUBURBAN TO COMMERCIAL
(Generally located at the northeast corner of Sprague Avenue
and Gillis Road in Section 16-25-44.)
Comprehensive Plan: Major Commercial
Proposed Use: Office and Retail
Site Size: Approximately 45,760 Square Feet
Applicant: MELROSS, INC.
East 11003 Sprague Avenue
Spokane, WA 99206
(continued)
AQENDA= FEPuARY 79 1985 ~ 3~- TELEPHONE NO.: 456-2205
SPQKANE COUNTY'ZONING HEARING EXAMINER COMMLTTEE
Place: Broadway Centre Bufilding, Second Floor
North 721 Jefferson Street, Spokane, WA 94260
(-Continued from Page #Z) - ZONE RECLASSIFICATIONS
Except wfi.en an Environmental Impact Statement (,EIS I has been prepared, as may be indicated
above for a specific case, a Determination of Non,Slgniflcance (DNS) has been issued FOR
EACH PROPOSAL ABOVE; except that most "Change of Conditi.ons" are exempt from the provisions
of SEPA. A DNS is a decision, based upon information available at the time the DNS was
issued, that no EIS has been ordered to be prepared. Comments regarding a DNS: (1) are
due by the close of business hours, February 6, 1985; (2) should reference the specific
file number; and (3) should be addressed to the Spokane County Planning Department,
North 721 Jefferson, Spokane, WA 99260. Addi.tionally, comments on the DNS and any other
environmental documents may be made at the publlc hearing, the time and place of which is
set forth a6ove. Contact the Planning Department Staff for more information (456-2205).
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BEFORE THE BOARD OF COUNTY COMr"ISSiOhERS OF
SPOKANE COUNTY, WASHING?ON
IN THE MATTER OF ZONE RECLASSI- ) FINDINGS OF FACT, DECISION
FICATION, ZE-120-84, AGRICULTURAL ) AND CONDITIONS
TO MUI.TIPILE FAMILY SUBURBAN. )
APPL ICANT: ROY L. WYATT )
TliIS MATTER, Bei ng the consi derati on by the Board of County
Commi ssi oners of Spokane County, herei nafter referred to as the "6oard" of an
appeal of Spokane County Zoni ng Heari ng Exami ner Comni ttee Deci si on of
March 14, 1985, approvi ng the zone recl assi ficati on ( ZE-120-84) , Agricul tural
to Mul ti ple Fami 1y Suburban for the purpose of a 270-Uni t Apartment Compl ex
wi th a resi denti al densi ty of 21.75 uni ts per gross acre and a 2.15 acre .,,,k
Residential Office zone change, hereinafter referred to as the "Proposal".
.
Whereas, the Zoni ng Heari ng Exami ner CoRmi ttee i n approvi ng sai d
proposal di d by speci al condi ti on 1 imit the densi ty to 9 dwel l i n9 uni ts per
gross areai and di d deny the requested zone change to Resi denti al Office; and ,
the Board of County Commi ssi oners of Spokane County havi ng hel d a publ'ic
heari ng on May 7, 1985, and havi ng ful ly consi dered al l testimony presented
thereat, and further havi ng i nd1 vi dual ly vi si ted wi th the si te and vi ci ni ty i n
questi on, and havi ng rendered a deci si on on the 21 st day of May, 1985,
APPROY ING sai d proposal, subject to certai n condi t1 ons, does hereby awke the
fol 1 owi ng:
FINDINGS OF FACT
1. That the proposal i s general 1y 1 ocated al ong the east si de of
Pines Road at the intersection of Pines and 6uckeye in Section 10-25-44.
2. That the proposal consists of a zone change to Multiple Family
Suburban on approximately 12.39 acres and to Residential Office on
approxirnately 2.15 acres.
3. That the adopted Spokane County Generalized Comprehensive Land
Use Plan indicates Urban usage of the area encompassed by the proposal whic:l
encourages iiigher density developments be located along heavily traveled
st.reets and be 1 ocated near publ i c transi t routes.
4. That the provisi ons of RCw Chapter 43.21C, (State Envi ronmental
Policy Act) have been complied with and the Board concurs with the Hearing
Exami ner Corumi ttee' s i s suance of a determi nati on of non-si gni f i cance. The
Board notes that the SEPA Checklist was submitted for the 270-Unit Apartment
Compl ex.
5. That the Spokane County Heari ng Exami ner Carmi ttee hel d a publ ic
heari ng on h9arch 7, 1985, concerni ng the proposal, subsequent to which by
Fi ndi ngs of Fact, Deci si on and Order dated March 14, 1985, they approved the
proposal subject to certain conditions which limited the residential density
to 9 dwel 1 i ng uni ts per gross ac re and deni ed the Resi denti al Of fi ce zone
change.
6. That the applicant filed an appeal with the Clerk of the Board
of County Commissioners, generally stating as the reason for the appeal was
that the issue of sewage disposal is regulated by the appropriate agencies
whi ch woul d accept the proposed density subject to a redesi gn of the
drainfield system.
7. 7hat the existing land uses in the area of proposal include
single family residences, multi-family dwellings, Walk-in-the-Wild Zoo, Kaiser
offices and undeveloped land.
8. 7hat the proposal is compatible with existing uses in the area.
9. That the proposal as conditioned is not detrimental or otherwise
ha rmful to the public health, safety and welfa re.
10. That the applicant has demonstrated changed conditions since the
original zone change warranting a zone change f rom Agricultural to Multiple
Fauni 1y Suburban; namely: other zone changes i n the area with simi 1 ar
densi ti es, P-i nes Road bei ng wi dened to a 4-1 ane maj or, arteri al , and the
adopti on of the Spokane County Canprehensl ve P1 an ,
r V
FINDINGS OF FACT, DECISION ANO CONDITIONS ZE-120-84 2
- ll0 7hat the proposal is consistent with the surrounding land use
cl assi fications and does not grant a speci al pri vi 1 ege or ri ghts to the
appl icant different than those erjoyed by adjacent property"owners.
12u That the Board finds that the proposal is located within the
recorded riiiter service area of Irvin Water District, and that the District
indicates there is an adequate system capaclty, and that they are desirous of
servi ng the proposal for danestic, fi re and i rri gati on purposes.
13. 7hat the proposal i s si tuated wi thi n the recorded fi re service
area of Fi re Di strict # 1.
141. That the proposal 1 i es wi thi n the boundari es of East Yal l ey #361
School DiStrict.
15. That the proper 1 egal requi rements for adverti si ng of the
hearing before the 6oard of County Commi ssi oners of Spokane County have been
met, •f
16. That on the 21st day of May, 1985, the 6oard of County
Coarmi ssi oners of Spokane County at a re9u1 ar areeti ng di d APPROVE the proposal
subject to certain conditions.
, •
17. That thi s condi ti oned approval' reco9ni zes the sewage concerns of
the Neari ng Exami ner Commi ttee and affords i nte9ri ty to the Cauprehensi ve
Wastewater lManagement Pl an.
18. That the Board of County Comni ssi oners i s i n ag reement wi th the
Fi ndi ngs and Order for the Heari ng Exami ner Coami ttee except for the sewerage
issue. '
' DECISION
Frcxp the foregoi ng F1 ndi ngs, a revi ew of the Pl anni n9 Department
Staff Report dated Mlarch 7, 1985, and the Staff presentation of File No.
ZE-120-84, the Board hereby in aPPROYING the proposal does make the following
conditi ons:
1. That the conditions set forth in the Spokane County Zoning
Heari ng Examiner staf f analysi s dated March 14, 1985, on pages 1 through 10
are hereby adopted as condl tions of approval subject to the fol 1 owi ng
amendments :
2. That the proposed densi ty of 21.75 uni ts per gross acre i s
appYoved, rri th the condi ti on that the project may only be devel oped at a
densi ty of 9-units per gross ac re unti 1 such time as a publ ic sewer i s
avai1 abl e t:o the si te.
3. That the project is allowed to cluster, the development on the
si te. 4. 7hat the Residential Office Zone is hereby DENIEO.
OA7E0 Thi s_ day of 198 .
BOARO OF COUN7Y COMMISSIONERS
OF SPOKANE COUNTY, YIASNINGTON
10
A77EST:
W I~.L1 DONANUE
Cle of he Board
By.
.
e uty
~ BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,
WASHINGTON
IN THE MATTER CONCERNING ZONE )
RECLASSIFICATION ZE-120-84, )
AGRICULTURAL TO RESIDENTIAL ) DECISION
OFFICE & MULTIPLE FAMILY SUBURBAN )
APPLICANT: RQY WYATT )
This being the time set by the Board of County Commissioners of
Spokane County, Washington, to render its decision concerning
the request of Roy Wyatt for the above captioned Zone Reclassi-
fication; and
The Spokane County Hearing Examiner Committee having heard this
matter of March 7, 1985, did approve the reclassification to
Multiple Family Suburban and did deny the request for Residential
Office Zone; and
The Board having conducted its own public hearing on May 7, 1985,
after receiving a Notice of Appeal from Dwight Hume, authorized
representative for the applicant, and after visiting the site
and reviewing did approve the appeal of Mr. Hume, subject to cer-
tain conditions as contained in the rnotion of the Board, attached
hereto and incorporated herein by reference as ATTACHMENT "A".
BY ORDER OF THE BOARD this 21 day of May, 1985.
WILLIAM E DONAHUE
CLERK 0 T BOARD
BY:
R NNE MONTAGUE, PUTY
RECE-VED
CC*7y .
J U L 2 5 2000 ~~~NAL FILED
1 SPOKAyE GOUNTY J L 2 0 2000
PROSEGUTING ATTORNEY
2 cIvIL oIvIsIoN SUPERlOR COURT
IN THE SUPERIOR COURT OF THE STATE HW0DW'(, WN
3 IN AND FOR THE COUNTY OF SPOKANE
4
5 QUALCHAN INVESTMENTS
6 SPOKANE, INC., a Washington
7 Corporation, Tio. 00204221~8
_Plaintiff,
8
9 V. SUMMONS
10 SPOK:.ANE COLJNTY, a Political
Subdivision of the State of Washington,
11 0
1 Z Defendant.
~
~ ~
13 ~
THE STATE OF WASHINGTON, COUNTY OF SPOKANE, to t6e said Defendant,
14 SPOKANE COUNTY
15
16 A lawsuit has been started against you in the above-entitled Court by Plaintiff,
1 7 QUALCHAN INVESTMENTS SPOKANE, INC., a Washington Corporation, Corporation.
Plaintiff s claim is stated in the written Complaint, a copy of which is served upon you with this
18 Summons.
19 In order to defend against this lawsuit, you must respond to the Complaint by stating your
20 defense in arritirg, and ser -ie a coF~ upon the snc►ersigne3 artorney ior Plaintiff witiun twenty
(20) days after the service of this Summons, excluding the day of service, if served within the
21 State of Washington and sixty (60) days if served out of the State of Washington, or a default
judgment may be entered against you without notice. A default judgment is one where Plaintiff
22 is entitled to what it asks for because you have not responded. If you serve a Notice of
23 Appearance on the undersigned attorney, you are entitled to notice before a defaultjudgment may
be entered. •24
You may demand that Plaintiff tile this lawsuit with the Court. If you do so, the demand
25 must be in writing and must be served upon Plaintiff. Within fourteen (14) days after you serve
26 the demand, Plaintiff must file this lawsuit with the Court, or the service on you of this Summons
and Complaint will be void.
2? .
If you wish to seek the advice of an attorney in this matter, you should do so promptly so
28 that your written response, if any, may be served on time.
ti ITI ItRSP00` KELLtti DA\ C\Pc~kT n Tc 101 t
Summons I , v.,,..,. ,,,,L .►.,I t E ,,,x.
rtia.ec a i OM ..FLI-■,
G 1\1A Alpinc HancsSl.M.%10NS OEF
1100 l3 S BANK BUILDItiG
422 WEST RIVERSIDE a\ E\I.E
SPOKANE, WASHMGTON 99 20 1-030 2
(i09) b_'i-i'Ai
1 This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State
2 of Washington.
~
3 DATED this day of July, 2000.
4 WITHERSPOON, KELLEY, DAVENPORT
5 & ~OLEI P.S.r
ti 6
By: ~
7 .-ANLEY~ ~ . coCHULTZ VVSBA 45812
8 Attorneys for Plaintiff
9
10
11
12
13
14
15
16
1? `
18
19
20
21
22
23
24
25
26
27
28
ITI IERSPUU% KELLEI' D-l~ E%POU & TOOLt_
Summons 2 rn 4.► 1 •„,.,..,EdMt 1" MII. , MPo1 .
.v~~.
G JhtR AtpuK Homes SL~1%401.S UEF 1100 U S@ANK BUIIDIVG
122 WEST RlVERSIDE 4VE\l,'E
SPOKANE, WASH[?VGTON 99201400:
1ift b'r-i_'bi
,
~
SECE-\JED o~~~~~ FYLED
1 jvL25 2000 JuL-202000
2 gpOKANECOUNTY SUPERIOR COURT
PROSECV' Ip VIS p~RNEY `5P KAN E
c 0 , CC~UNT f, WN
3
4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
5 IN AND FOR THE COUNTY OF SPOKANE
6 QUALCHAN INVESTMENTS
)
7 SPOKANE, INC., a Washington )
Corporation, ) 8 ~
Plaintiff, )
COMPLAINT FOR DAMAGES
9 ~
vs.
10 SPOKANE COUNTY, a Political )
)
11 Subdivision of the State of Washington, )
)
12 Defendant. )
)
13
14 Plaintiff, by and through its attorneys, Witherspoon, Kelley, Davenport & Toole,
15 assert and allege claims against the Defendant as follows:
16 I. PARTIES
1? 1. Plaintiff, QUALCHAN INVESTMENTS SPOK:ANE, INC., is a
18 corporation organized and existing under the laws of the State of Washington, having
19 paid all fees due to the State of Washington
20 2 Befendant, SPOKANE COL7NTY, is a Political Subdivision of the State
21 of Washington.
22 II. FACTS
23 1. Prior to June 24, 1997, Plaintiff, acting by and.through its authorized
~
24 agents and/or officers, inquired of the Spokane County Department of Building and
25 Planning regarding the zoning of certain property on Pines Road in the Spokane Valley.
26
27 2. Said property ls located generally along the east side of State Route 27
28
Complaint for Damages 1 V ITI ItRSWUN KtLLE1 D 1\ t\Pc~kT n T0~01-1
r t . f . . . 1 , F r a v • • .
rnw..a•. wua.
1100 U S BANK BIiILDINO
122 N EST RIVERSIDE A% E`l E
SPOKANE WASH[NGTUN 99201-03u2
Ii091 b:i-i_'bi
i 1 (Pines Road) in the Northwest Quarter of Section 10, Township 25, Range 44 EWNi
2 described as:
3 - Beginning at a point 55 1/3 rods south of the
northwest corner of the northwest quarter of Section
4 10, Township 25 North, Range 44 EWM, thence
east 60 rods, thence south 40 rods, thence west 60
5 rods and more or less to the centerline of the County
Road, thence north to the Point of Beginning,
6 situate in the County of Spokane, State of
Washington.
7 . 3. Plaintiff hrAd determined that said property was suitable for 2 development
8 .
of an apartment project if the property was properly zoned.
9 4. Prior to June 24, 1997, an agent and officer of the Plaintiff, Mr. Brian
10 Stone, met with Mr. John Peterson, a professional planner employed by the Spokane
11 County Department of Building and Planning. Nir. Peterson provided Nir. Stone with a
12
copy of the "Official Zoning Map of Spokane County" indicating that the entire property
13
was zoned "UR 22", permitting multi-family developments up to a maximum of 22 uaits
14
per acre. Based upon the "Official Zoning Map", Mr. Peterson advised Mr. Stone that
15
the entire property was properly zoned for development of an apartment project.
16
5. On or about June 24, 1997, the Plaintiff, relying upoa the official zoning
17 .
map of Spokane County, indicating the subject property was zoned UR 22 and in reliance
18
upon Mr. Peterson's advice that UR 22 zone was suitable for apartrnent development,
19
Plaintiff pi:rchased the above-described pronerty.
20
6. Thereafter, on or about September 25, 1997, Spokane County conducted a
21
"pre-development conference" during which a Spokane County Department of Building
22 :3. .
and Flabfiing staff member, Mr. Jeff Forry, indicated to Mr. Stone that there may have
23
beeai~Oskke on the Official Zoning Map and that approximately 2.15 acres of the 14.54
24
acre parcel may be zoned UR 3.5, a detached, single family resident zone.
25
7. The subject 2.15 acres fronts on Pines Road (SR-27) and is of critical
26
importance to the development and marketability of Plaintiffs proposed apartment
27
28
Complaint for Damages 2
1+ lTl IERSPOoN KELLEI D 1\C\P0kT n Tc~0l l.
►lr.l..%i .E4% 11 t "Rr" 4 % ♦
\IiIK\I %1& 1 4 . "FlI M,
~ 1100 U S BANK BUILDIy6
~?2 w EST RIVERSIDE 4~ EVl'E
5POKANE WASHINGTON 99201-03U=
1 i091 b.'.~-i:bi
1 development. The UR 3.5 zone does not permit development of an apartment project.
2 8. Thereafter on January 5, 1998, Plaintiff, acting by and through its
3 attorneys, requested a formal written administrative interpretation of the official zoning
4 map. Plaintiff urged that the decision of the Board of County Commissioner in 1985 to
5 rezone the property resulted in a decision of the Board of County Commissioners which
6 rezoned the entire 14.54 acres to a zone permitting apartment development.
? 9. On February 26, 1998, Mr. John Peterson, a Senior Planner employed by
B, tne Spokane County Departn:ent of Building and -Fi<<nriir.g, respondcd in writir,g to'
9 Plaintiffs request stating "after review of the Applicant's request, the project filed, official
10 maps and pertinent sections of the Zoning Code and expired Zoning Ordinance, the
11 Division of Building and Planning finds that the official zoning maps do not accurately
12 depict the Board's decision in ZE-120-84." The result of Spokane County's February26,
13 1998 decision was that 2.15 acres of the properiy was determined to be zoned UR 3.5
14 even though the official zoning map depicted the same 2.15 acres as UR-22. Further, in
15 its February 26, 1998 decision, Spokane County directed that the official zoning map be
16 corrected to depict the subject 2.15 acres as UR 3.5. Lastly, in its February 26, 1998
17 decision, the Spokane County Division of Planrung indicated "the Division of Building
lg and Planning will expediently process a zone reclassification for the parcel in question if
19 the applicant seeks a zone reclassification and submits an application form and other
Zp required tnformation".
21 10. Thereafter, on April 7, 1998, Plaintiff met with Spokane County staff at a
22 pre-application conference for the re-zone of the subj ect 2.15 acFes from UR 3.5 to UR-
23 22. Thereafter, Plaintiff completed the extensive documentation necessary to apply for a
24 rezone including the rezone application and environmental checklist, together with
25 detailed traffic analysis and other studies.
26 11. On July 28, 1998, Plaintiff had completed the information required by
27 Spokane County for the re-zone application and Plaintiff submitted the same to Spokane
28
Complaint for Damages 3
U iTrir.RsPOW", KtLLtY [)1\ t\Pc~I2T & TI~OLt:
4 it lI.1" I \L iFl% II F . ..I - r % ♦
\R~.11%11l A I Ul%J -4.1
1100 U S BANK Bl,'ILDIV(,
4221ti EST RIVERSIDE A'v EtNl; E
JPOKANE. WASHfNGTON 99201-0302
I:(N) f+~+-i_bi
1 County.
2 12. On August 25, 1998, Spokane County deemed Plaintiffs rezone
3 application to be technically complete.
4 13. The hearing conducted by the Spokane County Hearing Examiner on
5 Plaintiffs application for a re-zone was held October 28, 1998. On January 25, 1999, the
6 Spokane County Hearing Examiner issued his written decision approving Plaintiffs
? application to rezone the subject 2.15 acres from UR 3.5 to UR-22, but conditioned said
1 8approvai to developmc;at oi :he p;oj ~ct ;n substanti:xi caniorrrance -with • the -site
9 development plan submitted by Plaintiff.
10 14 In the course of reviewing Plaintiffs application for the rezone, the
11 Spokane County Department of Engineering requested the Plaintiff to move the proposed
. .
12 location of Cherry Road to the east to accommodate an extension of Cherry Road to the
d
13 north. Plaintiff complied with this request. Subsequent to the rezone, it became apparent
14 that due to development patterns on the property to the north, moving Cherry Road to the
15 east as requested by the Spokane County Engineer would not be appropriate. On March
16 1, 1999, Plaintiff requested the Spokane County Engineer and Hearing Examiner to allow
17 modification of its site development plan allowing for the relocation of Cherry Road to
18 the west of that indicated on the site plan. On July 13, 1999, Spokaae County Engineer
,
19 advised the Hearing Examiner that modification of the site plan regarding the location of
20 Cherry Street would he appropriate. The above-de: cribed acts of the Spok.ane County
21 Engineer further delayed Plaintiff in its attempt to develop and use said property.
22 15. On September 24, 1999, Plaintiff submitted aClaim for Damages to
23 Spokaae County in conformance with RCW 4.96 et. seq. seeking damages in the amount
.
24 of $2,100,000.00 and other fees, costs and damages which have acerued or will accrue
25 arising out of or related to the intentional and/or negligent misrepresentation by Spokane
26 Counry of the Pines Road property.
27 16. ThereaRer, in December, 1999, the Defendant County denied said claim
28
Complaint for Damages 4
U [Tf 1ERSPcx)N KELLEN D 1\ t`Pc ~kT & 1()()I t
r I is %I 1 is% \ l ♦ 14 l t l ! i I-st s < 1 • • ♦
\ITIMlF\\ l IK \IFl.-l~
1100 U S BANK BUILDIN(,
42= WEST RIVERSIDE AVENI,h
SPOfUNE. WASHMGTON 99201 a)302
15091 b:f-i!bi
4~ . • a
1 and the Defendant County continues to deny said claim.
2 M. CAUSES OF ACTION
3 1. Defendant has a duty to adopt the official zoning controls which show the
4 exact boundaries of zones and the permissible land uses. Plaintiff, pursuant to reasonable
5 practice, requested that Defendant provide information on the zoning classification for the
6 subject property. The Defendant, by the conduct and action of its employees, made
7 negligent (and/or intentional) misrepresentations to the Plaintiff regarding the zoning
.cln.ssifica;ionrof-t1he -sub;ec. F.op~rty -thereby- breachi~~~ i~; ~►u~y t,, Pi:~intiff to provide
8`
9 accurate information on the official zoning controls. Defendant knew or should have
10 known that Plaintiff would rely upon the representations of the Defendant and Plaintiff
11 did, in fact, rely upon the representations of the Defendant. The Plaintiff expended
12 substantial monies purchasing the subject property with the investment backed
- t,
13 expectation that Plaintiff would be able to develop the subject property for an' apartment
14 project. The misrepresentations of Defendant to Plaintiff caused the Pla.intiff to suffer a
15 direct and proximate substantial economic harm and damages in an amount to be proven
16 at trial.
17 2. The above-described acts of the Spokane County Engineer further delayed
,
.
18 Pla.intiff in its attempt to develop and use said property. Defendant arbitrarily and
19 unlawfully required Plaintiff to submit a zone reclassification application and proceed
20 thfc::gh tr.e zoae reclrssifcat:on pr-vcess. As a dire;t anu proxinate result of the actions
21 of the Defendant, Plaintiff was delayed and continues to be delayed in constructing its
22 apartmeat development on the subject property. The delay suffered by Plaintiff was
23 violati' of RCW 64.40.020 and Plaintiff is entitled to damages and attorney's fees and
~
_ 24 costs ia an amount to be proven at trial. 25 3. Defendant, as the employer of certain employees, is directly and/or
26 vicariously liable for the wrongful acts and omissions of its employees who at all times
27 relevant hereto acted within the scope of their employment and/or within the scope of the
28
Cornplainc for Damages 5
k ITtiERSPOO~► KELLEI U 1% ENPo~RT & TOOLL
►aiiiE% iI u%al % i4 %11 k I -P 4 t-14 \•I♦
1'R.II\f1St11N "1.W*♦
1 100 U S BANK BUILDthG
422 WEST RIVERSIDE WENIE
SPOKANE WASNMGTON 99:01-0302
Ii091 b2f-i_'bi
D •
1 apparent authority given to them by the Defendant.
2 WHEREFORE, Plaintiff prays for judgment against Spokane County as follows:
3 1. Judgment for damages against Defendant incurred by Plaintiff in such
4 amount as will be proven at trial;
5 2. For an award of reasonable costs and attorney's fees pursuant to RCW
6 64.40 020(2); and
7 3 For such other and fucth relief as this court deems just and equitable.
8 , DATEU this day of J~ 1~ , 2000.
g WITHERSPOON, KELLEY, DAVENPORT
1 & TOOLE, P .
10
11
LEY R. SCHULTZ WSBA #5812
12 -
13 QUALCHAN INVESTMENTS SPOKANE, INC., by and through its President,
John Stone, does hereby state that he has read the aforementioned Complaint for
14 Damages, and acknowledges that the same is true and correct.
15 Dated this __Z!~ day of July, 2000.
16
QUALCHAN INVESTMENTS SPOKANE, INC.
17 `
18 By: • V~ ,
Its: ` eo^ ~ ' .
19
20
21
22
23
24
25
26
27
28
Complaint for I)amages 6
UiTi (tQ.5PoU` KELLE) D.1~ tNPO(rT' &T00[_t
fliF1.1\4 l tfa%lF 111a r.1~\I! ♦
RM%E\ttt4A \bil.H♦
1100 U S BAtvK BUILDIN(,
322 w'EST RIVERSIDE A'v ENUE
SPOKANE. WASHMGTON 99201-030:
609)b23-i2bi
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Memo
To: File ZE 9-98 and ZE 120-84
From: Pat Harper, Transportation Engineering SupervisoryA
CC: Mike Dempsey, Spokane County Hearing Examiner
~
Tom Davis, Assistant Division Director, Building and Planning
-
Date: July 13, 1999 V-
Re: Extension of Cherry Street per conditions of approval
Spokane County Engineering has been working with Qualchan Investments m conjunction with ZE 9-98
a rezone to correct a mapping error from the original rezone done for multi-family in 1984, (ZE 120-84)
There appeared to be an opportunity to extend Cherry Street north to Euclid Avenue at the time of our
initial discussions and Qualchan Investments provided on the site plan for ZE 9-98, an option from the
original site plan of record provided for in ZE 120-84 This extension of Cherry Street to Euclid is not a
viable option and Spokane County Engineering will be utilizing the previous ZE 120-84 site plan
regarding the extension of Cherry Street as a public road connecting from the south property line north
and west to Grace Avenue
0 Page 1
SPOKA.NE COIINTY H'r~A.R11yG EYAMIN ER RECE VED
.
. JAN 2 5 1999
RE Zone Reclassification from Urban ) FxNDI~~l~1J~INEER
Residential--3 5(LR-3 S) to ; COI~TCLUS~O ,
Urban Residential-22 (UR-22) ) AND DECISION
Applicant: Bryan Stone )
File No ZE-9-98 )
1. SUMMARY OF PROPnSAI, A.~~1D DEC:ISION
Proposal: Application for a zone reclassificatiori from Urban Residential-3 5(UR-3 5) to
Urban Residential-22 (UR-22) on approximately 2.15 acres, for those uses allowed in the Urban
Residential-22 (UR-22) zone.
Deeision: Approved, subject to condrtions
II. FINUINGS OF FACT AND COle1CL[ISIONS
The Heanng Examiner has reviewed the zone reclassification application and the
evidence of record and adopts the following findings of fact and conclusions:
A. GENERAL INFORMATION:
Applicant: Bryan Stone, 104 South Division, Spokane, WA 99202
Legal O~i~ner Qualchan Investments Spokane, Inc , c/o Bryan Stone, 104 Souti~ Division,
Spokane, WA 99202
Address: Not assigned
Location: Generally located along the east side of SR-27 (Pines Road), in the NNV of
Section 10, Township 25 North, Range 44 EWM
Legal Description: Beginning at a point 53 1/3 rods south of the northwest corner of the
northwest quarter of Section 10, Township 25 North, Range 44 EWM, thence east 60 rods,
thence south 40 rods; thence west 60 rods more or less to the centerline of the county road;
thence north to the place of begirvling, situate in the County of Spokane, State of Washington
Zoning: Urban Residential-3.5 (CTR.-3 5) The site also lles wifihin the Aquifer Sensitive
Area and Public Transit Benefit Area designated by the County Z,onin~ Code
Comprehensive Plan Category: The property is designated in the tJrban category or" the
Spokane County Generalized Comprehensive Plan The property is also located within the
Aquifer Sensitive Area, Prionty Sewer Service Area and Urban Impact Area desiognated by the
Plan.
HE Findings, Conclusions and Declsion ZE-9-98 Page 1
w 4%
Environmental Review: A Det`ermina~ion of Nonsignificance was issued by the Division of •
Building and Planrung on October 9, 1998.
Site Description: The subject property is approxtmately 2 15 acres in size and is ciirrently
undeveloped Site topography is relatively flat, with steeper slopes found on the acijoining
ownership to the east. Site vegetation is minimal and recent grading activities have occurred on-
slte. The site is located inslde the intenm urban growth area (TUGA) boundaries established by
the County pursuant to the State Growth Management Act The County Critical Areas maps
illustrate an Urban Natural Open Space prionty wildlife habitat on the site.
Surrounding Conditions: State Route 27 (Pines Road) lying west of the site is a four (4)-lane
paved state highway with curb and sidewalk Euclid Avenue to the north is designated as a Local
Access road by the County Artenal Road Plan. The land i1-nmediately north of the site is
undeveloped, but was recently rezoned to the Light Industnal (I-2) zone for development of an
industrial park (File No ZE-5-98). Further to the north are found offices and multi-family
residences on land zoned UR-22, as well as undeveloped land Land uses to the south consist of
offices and multi-family dwellings, on land zoned UR-22 The land east of the site mcludes the
applicant's adjacent ownership, which is zoned UR-22 and undeveloped Further east the land is
zoned Rtiral Residential-10 (RR-] 0), and includes old Walk in the Wild Zoo srte and vacant land.
The land lying west of the site is zoned UR-3 5 and UR-22, and includes single-family
residences and multi-family residences.
Project Description: The applicant proposes to rezone the site from the UR-3.5 zone to the
UR-22 zone In 1985, Spokane County rezoned 12 39 acres of land lying adjacent to the site
from the Agncultural zone to the Multiple Family Suburban zone, under the now explred County
Zoning Ordinance, for the purpose of developing a 270-unit apartment complex. A concurrent
proposal to rezone the current site of 2.15 acres from the Agncultural zone to the Residential
Office zone was denied at the same time See Board of County Commissioners Findings of Fact,
Decision and Conditions dated 6-25-85, in File No ZE-120-84.
The site plan of record illustrates the entire 14.55 acre parcel that was subject to the 1985 rezone
decision, as well as the 2.15 acre portion involved in the current action The site plan sho`vs 270
multiple family residences distributed on the entire 14 55 acre site (in 17 multi-family
structures), a recreation/manager's buildincr, off-street parking, the future extension of Cherry
,
Lane, a building height of 31 feet and setbacks in conformance with the development standards
of the UR-22 zone. The landscaping detail on the site plan of record is difficult to read, and
would be subject to revision at the time of site plan review to comply with the landscaping
requirements specified by Section 14 806 of the Spokane County Zoning Code. Access to the
subject propErty would be provided by the easteriy extension of Grace Lane from Pines Road,
wlth Grace Lane then turning southerly to allow for extension of Cherry Lane through the central
portion of the slte.
B. PROCEDURAL INFORMATION:
Applicable 7oning Regulations: Spokane County Zoning Code Chapter 14 622
Hearing Date and Location: October 28, 1998, Spokane County Public Works Blulding,
Lowcr Level, Comnlissioners Asscmbly Room, 1026 West Broadway, Spokane, WA
HE Findings, Conclusions and Decision ZE-9-95 Page 2
. Notices: Mailed: October 7, 1998 by afiplic'ant
Posted October 9, 1998 by applicant
" Published. October 9, 1995
Compliance. The legal requirements f or public nohce have been met.
Hearing Procedure: Pursuant to Resolutlon Nos 96-0171 (Hearing Examiner Ordinance)
and 96-0294 (Hearing Examiner Rules of Procedure)
Testimony:
John Pederson Matt Albrecht
Division of Building and Planning WA State Department of 1,ransportatiorl
1026 West Broadway 2714 North Mayfair
Spokane, WA 99260-0240 Spokane, WA 99207
Bryan Stone
104 South Division
Spokane, WA 99202
Items Noticed: Spokane County Comprehensive Plan, Zoning Code, C:ounty Code and
Resolution Nos 96-0171 -cind 96-0294
C. LAND USE ANALYSIS:
1 General aDDroval cnteria
The County Heanng Examiner Ordinance authon2es the Heanng Examiner to hear and
decide rezorie applications. The Examiner is authonzed to grant, deny ar grant with such
condltions, modifications and restnctions as the F,xaminer tinds necessary to make the
application compatible with the Spokane County Generalized Comprehensive Plaiz and
development regulations. See County Resolution No 96-0171, Attactnnent "A", para7raphs 7
(d) and section 11, and RCW 36.70 970 Applicable development regulations include without
limitation the Spokane County Zoning Code, the State Environrriental Policy Act (5EPA) and the
County's Local Environmental Ordinance (chapter 11.10 of the Spokane County Code)
In considenng a rezone application, Washington case law generally provides that (1) there
is no presumption in favor of the rezone, (2) the applicant for the rezone mList prove that
conditions have substantially changed in the area since the last zoning of the property, and (3) the
rezone proposal must bear a substantial relationship to the public heait}l, safety or welfare
Parkradge v Seattle, 98 Wn. 2d 454, 462 (1978), and Bjarnson v Kitsap Cozcnty, 78 Wn. App
S40 (1995)
Deviation from a comprehensivc plan does not necessanly render a rezone illegal The
plan ls considered as a general bluepnnt and only general confolmance with such plan is required
to approve a rezone. Citizeits for Mottrtt Vernon v City of MotriTt Vernolr, 133 tiVn 2d 861, 873
(1997), Cathcart v Snohomtsh Coctnty, 96 Wn.2d 201, 211-12 (1981), and Bassaizr v C01f11ty
Conznzcsstoner-s, 70 Wn. App. 389 (1993)
HE Findings, Conclusions and Decision ZE-9 98 1'age 3
Zoning Code 14 402 020 (1) aiithonzes the Code to be amended if it is consistent with •
the Comprehensive Plan and is not detnmental to the public welfare Zoning Code
14.402.020 (2) authorizes a Code amendment where [c]hange in economic, tecilnological, or
land use conditions has occurred to warrant modification of this Code These are the
relevant criteria listed in the Zoning Code for consideration of the current rezone application
2 The nrooosal, as conditioned. eenerallv conforms with the Spokane Countv Generalized
Comprehensive Plan. bears a substantial relationship to and will not be detrimental to the uublic
health, safetv and Qeneral wclfare. and complies with the Spokane Countv ZoninQ Code and
other anolicable develooment reaulations
The site is designated in the Urban category of the Comprehensive Plan The Division of
Building and Planning found that the proposal generally conformed to the policies of the Urban
category and that the project implements the purpose and intent of the UR-22 zone expressed in
the Zoning Code. The Examiner hereby adopts and incorporates by reference herein the analysis
contained in the Staff Report regarding such issues as findin~s of fact and conclusions
The County Crltical Axeas maps illustrate an Urban Natural Open Space pnonty wildlife
habitat on the site The Washington Department of Fish and Wildlife (WDFW) did not request
the preparation of a wildlife management plan for the site under the County Cntical Areas
Ordinance, due to the existing and surrounding land uses The WDFW has requested that the
applicant voluntanly provide native landscaping in conjunetion with development of the project
No opposition was expressed to the project by neighboring property owners or public
agencies The proJect will be reasonably compatible with adJoining land uses, which include
similar uses to the proposal The project is conditioned for compliance with thE UR-22 zone and
other applicable provisions of the Zoning Code.
The procedural requirements of chapter 43.21 C RCW and chapter 11 10 of the Spokane
County Code have been met The Hearing Examiner concurs with the I~eterminatlon of
Nonsignlficance issued by the Division of Building and Planning No adverse comments were
received from public agencles that would dictate a need for withdrawal of such environmental
deternZination
3. Conditions in the area in which the uropertv is located have chan!~ed substantialli!
since the nronertv was last zoned
In applying the changed circumstances test, courts have looked at a vanEty of factors,
including changed public opinion, changes in land use patterns in the area of the rezone proposal,
and changes on the property itself The Zoning Code references changes in "economic,
technological or land use conditions" as factors that will support a rezone. Spokane County
Zoning Code SECtion 14 402 020 (2). Washington courts have not required a"strong" showing
of change The rule is flexible, and each case is to bejudged on its own facts 13assani v Cotenty
Contmissiojiers, 70 Wn. App 389, 394 (1993) Recent cases have held that changed
circumstances are not required for a rezone if the proposed rezone implements polzcies of a
comprehensive plan. Bjarrisoii, at 846, Suve Oacr Rural Ej2virofinient v 5710hOm1Sh COlljlty, 99
Wn 2d 363, 370-371 (1983)
HE Fmdings, Conclusions and Decislon ZE-9-98 Page -4
, As discussed above, the proposal is generall'y c6nsisterit with the Comprehensive Plan
There is ample evidence of changed conditions in the area since the last zoning of the site,
' including increased traffic and development along Plnes Road in the area, the extension of public
sewer to the area, and considerable rezoning activity for urban development near the site, as cited
on page 2 of the Staff Report.
III. DECISION
Based on the Findings of Fact and Conclusions above, the above application for a zone
reclassification is hereby crpproved, subJect to the conditions of the vanous public agencies
specitied below
Failure to comply with the conditions of thls 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 jurisdiction over land developmetzt
SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING
1 All conditions imposed by the Heanng EYaminer shall be binding on the "Applicant",
which term shall include the developer and owner of the property, and their heirs, assigns and
successors.
2. The proposal shall comply with the Spokane County Zoning Cocie and the Urban
Residential-22 (UR-22) zone, as amended
3 The applicant shall develop the subject property generally in accordance witlun the concept
presented to the Heanng Body Vanations, when approved by the Divlsion Director/deslanee,
may be permitted, including, but not limited to building location, landscape plans and general
allowable uses of the permitted zone. See Section 14 504 040 of the Zoning Code All
variations must conform to regulations set forth in the Spokane County Zoning Code, and the
onginal intent of the development plans shall be maintained.
4. Approval is requlred by the Division Director/designee of a specific lighting and signing
plan for the descnbed property pnor to the release of any building permits.
5 A specific landscape plan, planting schedule and provlsions for maintenance acceptable to
the Division Director/designee shall be submitted with a performance bond or other suitable
guarantee for the project prior to release of building permits Landscaping shall be installed and
maintained so that sight distance at access points ls not obscured or impaired.
6 Direct hght from any extenor area lighting fxture shall not extend over the property
boundary
7. The Division of Building & Planning shall prepare and record with the Spokane County
Audrtor 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
HE Findings, Conclusions and Decision ZE-9-98 Page 5
should be recorded withln the same time &ame as allowed for an appeal and shall only be ,
released, in full or in part, by the Division of Building & Plaruling The Trtle Notice shall ,
generally provide as follows. The parcel of property legally descnbed as is the subject of a land use action by a
Spokane County Hearing Body or Administrative Official on , imposing a vanety of special
development conditions File No is available for inspection 1nd copying in the Spokane
County Division of Building & Planning
8 The Division of Building & Planning shall file with the Spokane County Auditor, within
the same time frame as allowed for an appeal from the final dispositlon, including lapsing of
appeal penod, a Title Notice, which shall generally provide as follows
"Prior to the issuance of any building permit for any buildin-c., or any use on the property
descnbed herein, the applicant shall be responsible for complying with the provisions of the
Zoning Code for Spokane County, Sectlon 14 706 (Aquifer Sensitive Area Overlay Zone). The
property which ls the subJect of this notice is more particularly descnbed as follows• "
SPOKANE COUNTY DIVISION OF ENGINEERING
1 The County Engineenng Department conditions of approval listed on pagcs 5-6 of the
Spokane County Heanng Examiner Committee Findings and Order dafied March 14, 1985 in
Building and Planning File No ZE-120-84 shall apply to the current application
SPOKANE REGIONAL HEALTH DISTRICT
1 The sewage disposal method shall be as authonzed by the Director of Utilities for SpokanE
County
2 Water service shall be coordinated through the Director of Utilities for Spokane County.
3 Water servlce shall be by an existing ptlblic water supply when approved by the Reglonal
Engineer (Spokane), State Department of Health
4 A public sewer system shall be made avallable for the project and individual service will be
provided to each lot pnor to sale The use of individual on-site sewage disposal systems shall
not be authonzed.
5. The use of pnvate wells and water systems is prohibited
SPOKA.NE COUVTY DIVISION OF UTILITIES
1 A wet (live) sewer connection to the area-wide public sewer system shall be constructed A
sewer connection permit is required Applicants for commercial permits shal] submit historical
and/or estimated water usage pnor to the issuance of the connectlon permit in order to establish
sewer fees
HE Findings, Conclusions and Decision ZE-9-98 Page 6
2 The applicant shall submit expressly to the Spokane County Utilities Divislon, "under
separate covcr", only those plan sheets showing sewer plans and specifications for public sewer
connections and facilities for review and approval. Commercial developments shall submit
histoncal andlor estimated water usage as part of the sewer plan submittal
3 Sewer plans acceptable to the Division of Utilities shall be submitted pnor to the issuance
of the sewer construction permit.
4 Arrangements for payment of applicable sewer charges must be made pnor to issuance of
sewer connection permit Sewer charges may include special connection charges and general
facilities charges. Charges may be substantial depending upon the nature of the development
5 Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended
SPOK:ANE COUNTY AIR POLLUTION CONTROL AUTHORI'I'Y
1 All atr pollution regulations must be met ,01
WASHINGTON STATE DEPARTMENT OF TRANSPORTA,TION
1 Pnor to issuance of occupancy pernlrts for this site, the applicant shall analyze the
intersection of Pines Road and Grace Avenue to deterniine if adequdte capacity exists for thls
development If thls intersection will be degraded to Level of Service "F", the applicant shall
install a westbound left turn restrictor at this Intersechon to divert this traffic moveinent to other
intersections The analysis and the design of the left turn restnctor shall be approved by both
WSDOT and Spokane County Engineers prior to its installation
HE Finciings, Conclusions and Decision Z,F-9- 98 Pacre 7
r ~
DATED this 25th day of January, 1999
SPOKANE COUNTY HEARING EXA~vIINFR
~--~-y
Michael C Dempsey, WSBA #8235 U v
NOTICE OF FINAL DECISION AND NOTICF OF RIGHT TO APPEAL
Pursuant to Spokane County Resolution Nos 96-0171 and 96-0632, the decision of the
Heanng Examiner on an application for a zone reclassificatlon and accompanying SEPA
determination is final and conclusive unless withm ten (10) calendar days from the Examiner's
wntten decislon, a party of record aggneved by such decision files an appeal with the Board of
County Commissioners of Spokane County, Washington. However, RCW 36 70B 110 (9)
indicates that admtnistrative appeals of county land use decisions and SEPA appeals shall be
filed with the board of county commissioners within fourteen (14) calendar days of the date of
the decision.
This decision was mailed by certified mail to the Applicant on January 25, 1999
DEPENDING ON tiVHICH APPEAL PERIOD REFERENCED ABOVE LEGALLY
APPLIES, THE APPEAL CLOSING DATE IS EITHER FEBRUARY 4, 1999 OR
FEBRUARY 8, 1999.
The complete record in this inatter, including this decision, is on file dunng the appeal penod
with the Office of the Heanng Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 324-3490. The file may be inspected
dunng normal workincy hours, listed as Monday - Friday of each week, except holidays, beriveen the
hours of 8 00 a.m. and 4.30 p m Copies of the documents in the record will be made available at
the cost set by Spokane County Ordinance
HE Findings, Conclusions and D~;cision ZE-9-98 Page 8
RECEIVED
c ,
SPOKANECOU(YtYENG1NEER
1 1 STAF'F REPORT TO THE HEARiNG EXAfVll[VER
File#: ZE-9-98
UIVISION OF BUIMmJG AIID PI.APVVINC
SPUK~\~ CC)IJNI7-`Y
HEARING DAl'E October 28, 1998 at 10 30 a m FILE ZF,-9-95
PROJECT PLANNER: John W F'ederson, Senior Plallner
PROJECT OESCRIPTION: Zone reclassification from Urban Residential-3 5(UR-3 5) to tlrban
Residential-22 (UR-22) on approximately 2 15 acres
STAFF RECOMMENDATION: Staff recommends approval of the zone reclassif cation, as
conditioned.
Proiect Data
Project Location: Generally located cast of Yines Road (SR-77) in the
NW '/4 of Sectiori 10, Township 25 N , RanYe 44
EWM
Parcel Number(s) ~ 45102 9011
Owner: Qualchan Investments, Inc
c/o Bryan Stone, 104 S Division
Spokane, WA 99202
(509) 455-5477
CQmprehensive Plan Urban
Designation:
Zoning: ~ Urban Residential-3 5(UR-3 5)
Existing Land Use: ~ Vacant & undeveloped
Surrounding Zoning and Land Uses: _
• North: Zoninb classi fications to the north include Urban
Resideiitial-22 (UR-22) and Urban R~s~dentAal-3 5
(UR-3 S) established in 1991 pCIr the ProQram to
Implement the Spokanc County Zoninc, code;
previously established as Multiple Family Suburban
(MF'S) in 1979 (254-79) and AUricultural (A) in
] 991 (24-42). The adjoininc, UR-3 S parcel to the
north was the subject of recent zone reclassification,
ZE-5-98 (from Urban Residential-3 5(UR-3 5) and
Rural Residential-10 (RR-10) to LiQht Industriai (1-
1) wliich was orally approved by the Hearind
Fde No ZE-9-98
Staff Report - October 28, 1998 Heanng
1 of 7
. •
. - ~
- - - - - - - ~ . .
ELam sc1Fr on Sepiember 9, It 998 Land uses to tlle
nortli include of:ices, mulh-farrtily residPnces, ana
vac,ant undc•: eloped pro}.erty
• South, ^ Ad1acent zonin~ to tiie sout1► is Ilrbar) R~siclential-22
(Ua:-22), estabiishe~~ In 1991 consister:l evith the
1'i agram to ImpiPmcnt the Spokane Counry "1.oninc,
CoLle, previousiy established aS Multiple Family
Suborban (MFS) .r 1984 (96-84C), and 1978 (78-
78C, 78A-78C) Laiid uses to the soutli c;onsist o1"
multip!e faniily dwCllIIIgS 111d pTOt£SS(o1'1aI Off1CeS
• EaSt: ACJioiIl117g zoning to thc east is Rural kes~dential-1 !
(N.r-10), establ,shed iri 1991 c0(3SFCtC11f wIth the
I'rooram to ]mplemer.t thc: 5pokane Courity Lon►ng
C;ode, prevIously established as Agricultural (A)
r0111110- in 194? (14 42) T_,ancl tises to thc east
iriclude the farmer bAlalk ,n the WiYd Ioo site (see.
Mi►abcau F'oant projec:t f`iles) and var,ant,
lZilC~evelopcd property
• WPSt Zoiiinj ciassif:catioii; to the west »cludc: Urbati~ +
R~i,side►,tial-3 S(UtZ-3) 5), estahlished in 11991
consistent Nvith the Program to (mplemerit the
Spokane Ccunty 7ociing Codes previvusly
est6iblished :is AgriculPural (A) in 1942 (24 42)
l.aiad uses to the west ,nclude single and multifd:ncl}r
residences
Known L and Use Pi-oposalS RccPnt land usc actiorts in the E7roject vicmity
and Recerit Project Approvals inc:li:de ±he M►rabeau P: F%ect N%hich sn^iudes a
in the Area of this Project Comprehcijsivc P!an amendnient for 156 Sacres
from Rural to ,hr Urban and 1Vla;or Con,imercial
clesignations, aii am?ndmer,t to the Spokanc CouI,ty
Arierjal Road Plan, and a zonF reclassI fcation ior
1 15 5 acres fi orr Rural FZesidential- l 0(RR- 10) to
Community 13usjness (3-2) and Regional Bus>»es:
(B-3) zcnes (see ZE-37-96). The Mirabeau Pt
master plan SncOiides 236.2 acres of a m».ed usc;
master planned developnient that coinbi;acs public
and private recreational, ec!uc;ational, entertainnter~ti
residentia) and business uses (sef; Draft
Environmental 1mFact Statement (U~-.;IS) isSUed on
Ortober 1997 and Final Lnvironrnental Impact
Statement (FEIS) issued on June 12, 1998) Othei
land use actians in the project vicinity include zonE
reclassi fications ZE-1 58-79C, ZF-120-84C, ZE-254
79C, ZE-96-84C, and ZE-22-78C Additional land
use actions have occLirred soutlt of the subject
proE;e►-ty near the antersecfion of Pines Rqad and
iVlarisfield AvenuE 7'he property noi-th of F,uc,lid
Aveliue and east of Pines Road was also subject to a
preliminary piat (PE-1 567-89) to divide
approximately 35 acres inio eight (8) lots, and a zoiic
reciassifcation fiom L1L,ht Industrial (I-2) and [1rban
File iqo ZE-9-98
Staff f-teport - Uctober 28, 1998 Flearing
2of7
ResidefIz ai'-22 -(UR-22) to Urban Residential-22
(6R-22), Neig}iborhood Business (B-1) and
Coilimunity Business (B-2) PE-1567-89 was
_ approved by the Heanng Examiner Comrriittee on
C'ebruary 23, 1989 and subsequently eYtended to
Septetnber l, 1998
Land Division Status: The subject property is a portion of a 14 5± acre
parcei that is eliaible for a CertificZte of Exemption
pec Section 12 100 1; 0(3) of the Spokane County
Subdivision Ordinance A Certificate of Exemption
will be requiied prior to issuance of a bwiding
pcrm it
5horeline Uesignation: Not applicable ~
VVater Purveyor: The Subject property is currently outside the
corporate lunits of the Irvin Water District
Aniiexation of the site into the corporate iimits of the
district would require filinQ a Notice of Intentiozi and
approval by the Boundary I~eview Board (See
Boundary Review Board letter dated August 18,
1998) Use o f private we l ls an d water systems is
prohibited
Sewage Uisposal: Spokane County public sewer system Use of
individual on-site septic systems shall be prohibited
t-ire Uistrict 5pokane County Fire District No 1
School District and nearest K- East Valley School District No 361 Trent ~
12 SChools: Elementarj School is locatedjust northNvest of the
subject property
Nearest Arteriai and Distance: The Spol:ane County Arterial Road Plan identifies
{'ines Road as a state highway
Nearest F'arks and Distance: Plantes Ferry Park is located approxim<<tely'/4 mile ~
nortli of the site ori the north sidc of the Spokane
River.
Neighborhood Association: NO11e ~
• This proposal is located inside the IUGA.
• This proposal is not within a Joint Planning Area.
• This proposal is located inside the Public Transportation Benefit Area
(F'TBA).
• This proposal is located inside the 1000' notification boundary of
designated Natural Kesource l_ands.
GMA/Critical Areas
Aquifer Recharge Area (PSSA / ASA): rhe stibject property is located within
the Yriority Sewer Service Area (PSSA)
and Ayuifer Sensitive Area (ASA)
Overlay Zone
Fish & Wildlife Habitat Conservation Spokane County Critical Areas maps
Areas: show that the subject propel-ty is a
Prioi ity Habitat (Urban Natural Open
File No ZE-9-98
Siaff Report -October 28, 1998 HEanng
3 or7
. •
_ ` a_... ti'..._,~>"..~ _ •
Spare) Consultatian wi±h the VIA Statc
Departmeilt of Fish and WYidlife
confirms tI»t a Habitat Management
Plari is .iot required (see e-mail fronl
Kev!n Robit7ettE, Habixat 13tologist,
datEd October 1, 1988
Floodplain: N/A
Geolagically Hazardous Areas:~ M None (denti~ied pert Spokaric County ~u
Critical Area inaps
Wetlands: Norie iIltistrated per Spokane County
~:r,tical Areas l-naps
SEPA
C] DNS issued October l 998
0 Camment period ends October 26, 1998
Noticinq
Published in the Spokesman Revie~v ori October 9, 1998
Mailing Site I~osti~~g l~eadli:ae. T!~c dea~iline foi site postln~.; arld maiijn~ the ~Ic~ti~,e af
Hear:n~ to afl'ected a~encies aiid propelty ~~~~~:?i;rs/ta~;payer5 c~a Froperty ]c~cated ~~~it;larr 4()O
feet Of tLe subjcct propert), war October 12, 1998
1724 Compliance Dates
Applicat:on flccepted (COLinter CGmFlete) Au,~,<<!st 4, 1998
1 ecrinically Complcte / Determ:nation of C;ompleteiiess issued August 25, 1998
Ddte Notice of Decision is I'ue. Dekc:mber 23, 1998
Reviewinq Aqencies
14 Agencies were notiticd on A1.12ust 12. 1998 and October 7, 1993 Coinr_ients We1e due
August 20, 1998 ancl October 16, 1994, iespccijvely
Agencies Notificd 17esponse llate ~ Atrencies Not2ficd ~ Cles~-~onse¢ Date A~
Rcccivccl Reccived Itcceivcd lZeceivec~
Division of En~~~ileer-~no~ Yes 8/26/93 Fire District No 1 ~ Yes Y~~ 9%3I98
- Transportation
Divisiozl of EnLinezrinL YC s g/l 7/98 East VallEy School~
- Development Services Di:,ti ict No 361
Division of Utilitics _ Ycs _I 8/24/9$ 1rvi11Water Dlstrict
Division of Utilihes - Spokaiie 7ransii
StonTiwater VIemt ~ Authority ,
Spokane Countv Ycs ~ 8/24/98Boundary ReviPw Yes~ ` 9/1 8/9$
Regional Health District 10/1/9~ ~B~~ard
lDlvision of lonn R~ln`Te 1'es-- ----~8/13l98 -WA State Depai irneiit ~ Yr;:, 10/1/98 1'lannitlg of Transpvrtalion
File No ZF-9-U8.
Staf~ Repori - C,~deber 28, 1998 Hn.arnng
4ni;
. ,
,
Spokane County Parl.s, WA gtate Dep3rtment Yes 10/1/98
R.ecreafiion and Fair of Fish & Wildlife
Spokane Regtonal Ttansportation Council
Responses from the Public: None
Qeseription of ithe Site' The suhject property is approximately 2 15 acres in size and is
currently undevelopecl Site typobraphy is relatively flat with steeper slopes found on the
adjoining ownership to the ezst Site vegctation is minimal and recent gradillg activities have
occurred on-site. C'ints Road adjoins the site to the west and :s improved with four paved lanes,
curbs, and sidewalks The sUbject site is a portion of a 14 54 ± acie parcel owned by the applicant
that was subject to previous zone reclassification ZE-120-84
Backqround: The zone reclassification application was submitted to the Division of Building
and Plannina on AuOust 4. 1998, and accepted as "tecllnically complete" on August 25, 1998 A
Notic;e of Application WZIs Issued on September l, 1998 with a 14-day comment period endmg on
September 15, 1998
The subject property is a portion of assessors parcel no 45102 9011, and said parcel was subject to
a zone reclassificatio» 1n 19S4 The previous proposal (File No. ZE-120-84) consisted af a zone
reclassification from Aoi-icultural (A) to Multi-Family 5uburban (MFS) on approxirnately 12 39
acres for a 270 unit apartment complex, and to Residential Office (RO) on appcoxirnately 2 15
acres.
The Spokane County 1 Icarine, Exaniinei- Committee held a public hearing oil March 7, 1985,
concerning the proposal, subsequent to which by Ftndings of Fact, Decision and OrdPr dated
March 14, 1985, thcy appivved the proposal, subject to certain canditions which limried the
residential density to 11ine (9) dwclling units per acre and denied the Residential Office (RO) zone
The applicant appealcci thc 1 Icai-in~ Examiner Committee's decision and on. May 7, 1985, the
$oard of County Commissioners held a public hearing, subsequent to which by Findings of Fact;
Decision and Conditions dated Jline 25, 1985 rhey approved the proposal and adopted speciFic
conditions that 1) al luxv a pi-oposed density of 21 75 units per gross acre with the conditioii that the
ptoject be limited to 11111c (9) tinIts per gross acre until publlc sewez is available; and 2) that the
project is allowed to clusttr tlie development on the site, and 3) that the t2esidential Uffice (RO)
zone is hereby deniecl
Subsequent to the Board of County Commissioners' decision on ZE-120-84, the official zonilig
map was chan~ed to illtist~-ate the zonulg boundary ard the "old" official map cleacly identifies the
entire subject parcel as IN/Iultiple Family Suburban (MFS) The "old" official map was .replaced on
January 1, 1991 with implemcntat,on of the Spokane Cotinty 7oning Code. As specified by the
Program to Implemcnt the Zoning Code, the prevtous MFS zone and map crossed over to the
Urban Residential-22 (U1Z-22) zone and the new official zonlng, map also identified the entire
parcel as UR-22. Thc above-described mapping error was disclosed to the applicant at a building
, permit pre-developi»cnt confeience iri June of 1997, and the applicant subsequently requcsted an
interpretation of the oflicial zoj1ing map arid the conditions of approval attached to ZF-120-34
File No ZE-9-98
Staff Report - October 28, 1998 Heanng
5of7
• - r
~ R t
In response to t(ie applicant's jcqtiesC, the Divis»1i of Building & Planning issued an
Administrative Detci n~i nation (sce A1E-1-98) oiz February 26, 1998 The Dlviston of Building &
Planning concludcd that lhe officiai zoning maps do not accurately depict the BQard's decision in
ZE-120-84 and that a n amcndment tu i11e offic;iaj zoning mzp is necessary ta change the denied
pOTtIOIl of thE OI1;;lI1aI 1nIlc rcclzlssifiiation to a zone other than UR- 3 5 The appltcant did noi
appeal the Div;sioil ol I3uilding & Planning's administrative determination and submitted the zone
reclassificatiori applicatioil to correct the mapping error arid to allow development of 270 multiple
family dwEllin~TS on thc ciitire parce!
Staff Analysis•
Comprehensive Plan
The Comprehensive I'lan cateyory for tlle site is Urban The Urban category is intended to provade
the opportunity for devclUpment of a "city-like" environment whlch includes vaiious land uses,
intensive res!dential c(cvclopment; and public facilities anci services. Urhan areas will be the most
intensivelv developccl ol'zill the cate(jories and comprised ofsingle fainily, two-family, multi-
family and condominlum biiildin(is along with neighborhood, comYnercial, light industnal and
public recreationzl fa(_i 1 itics.
Apqlicable Goals. Objectives and Decision Guidelines ofthe Urbarn categor-v include Goals 1.1,
1 S and 1 6 Decisioii GUuclelines 1 1], 1 1 33 11.43 1 5 11 l 5 2, 1 53, 1.5 7, I 5.8, and l 6 1;
Objectives 1 l a, 1 1 b, 1 5 a, 1 5 e, 15 f, and 1.6aa The above citeci polic:es encourage a variety
of ilousing types aiicl c1en5ities, promote fill-in development, encourage a high density developmer,t
to access major arcei-ials, CHcourage protectaon of adjoining land uses, encourage
bufferine/landsc,ipin4 between proposcd developments and existing uses, urgP consideratior, of
aesthetics and suppOI t l,in(l use propasals that a) conform to plans, pclicies and regulations of
county water, se~ver. stoi ni sewer, ulilities and special service districts, and L) conform to county
transportation plLins a»cl policies, and c) identify and take steps to resolve signiticant impacts upon
existincy utilities aild tr.iflic systtms The proposed zone reclassification is conszstent with and
implements the apphLabie policies of the Urban category in that the subject property has direct
access to a major a► tci ia1. has adequate znfrastructure, and proposes a density consistent with land
uses in the area. In aciciition, the sitP plan of record demonstrates geileral conforniance wltli the
development standarcls of the propused UR-22 zone. Impacts of the proposal are adeyuately
mitigated by thc reconimeilcied conditions of approva] and approval of the zone reclassification
-vvlll not result in an inc.►-ease in d%vclline units beyond that originally approved for the subject
property in 1984 (sec ZE-120-84) 7 he prirnary purpose of the proposed zone reclassafication is to
correct a mapping e> > or 1ouiid in the original zone reclassification for the site (ZE-120-34) and to
modify the site plan appi ovcci in 1984 to allow reciistribution of270 dweiling units over thc area
encompassed by the oi i`_inal rone rcclasslfication and the 2 15 acre stibject parcel
Zonine Analvsis
The purpose of tllc pi oposcd Ui bai1 lZesidential-22 (UR-22) zone is to provide a liviny
cnvlronment that is conip~-itible \,\,ith stirrounding land uses arld assures protection of property
values The UR-22 -r_onc slIauld bc used to add to the variety of housing types and densities and as
File No ZE-9-98
Scaff Report - October 28, 1998 Hearing
6 oi7
W d ~ • ,
1 1 t 7 an implementation toal for the Urban category of the Coniprehensive Plan In this instance, the
proposed zone reclassification is consistent with the purpose and intent of tiie UR-22 zone and izt
that the sub,ject propezty adj oins UR-22 zoning, is served by pubtic facilities, and the subj ect
property has direct access ta amajor afteriar. The proposed zane re+classific.atian is also cansistent
with adjoining land uses and previous iand use actions in the project viclnity.
Site Pian Review
The site plan oftecard illustrates the entire 14.55 acre parcel that was subject to the previous zoiie
reclassificatron as well as the 2.15 acre portion that is subject to the pending zorre reclassification.
The site plan shows 270 multiple family residences on the entire 14.55 acre site (in 17 multi-family
I stnictures), a recreatiort/manager's building, aff=street parking, future extension of Cherry Lane,
buildingheignt of 31 feet and setbacks in corafarmance with the UR-22 zone develapment
standards The landscaping detail on the site plan of record as difficult to read and spec1fic site
plan review wi11 be required to demonstrate compliance with the landscapirzg requirements
specified by Section 14 846 ofthe Spokane County Zoning Code. Access to the subject praperty
wilf be provided by easterly extension of Grace Lane frorn PZnes Road and Grace Lane then turns
southerlv to allow for extension of Cherry Lane tllrough th~e central portion of the site.
Detailed site plan revsew will be necessary to deterirrine conipliance with all applicable
development standards vfthe Zoning Code and the Division ofBuildina Planning recom..tnends
that this site plan review be administrative and prior to release of building perrnits.
Staff Recomrr~endation:
`I'he Division of Buiiding & Pla.nning recornrnends site plan revlcw approval of the zone
reclassi€icatian as canditioned.
At#achments
A. Maps
• Vicinity Map
+ Site Plan
• Comprehensi~e Plan
• Zoning
B Ageiacy and Public Comments
C. Conditions of Approval
Fife No ZE-9-98
Staff Report - October 2$, 1998 Heavng
7 of 7
ATTACHMENT A
MAPS
VICINITY MAP
SITE PLAN
COMPREHENSIVE PLAN MAP
ZoNirvc MaP
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ATTACHMENT C
AGENCY AND PUBLIC COMMENTS
r 1 '
• 1
~ RECOMMENDED CONDITIONS OF
1 1 APPROVAL FOR ZE-9-9$
DIVISION OF BUILDING AND PLANNING
SPOK:ANE COUNTY "
l. AIl conditions imposed by the I-learin`, E\.uminer shall be bindinQ on the "Applicant", which ternl
shall include the owner or owners of the property, heirs, assi.0,11s and successors
2 The proposal shall comply with the Spokanc County Zoninv, Code, Urban Residential-22 (UR-22)
- zone(s), as amended
3 Tlie applicant shall develop subject pioperty geiierally m accordance tvithin the concept presented
to the Hearing Body Variahons, when approved by the Division Director/designee, may be
permitted, includint-7, but not limited to builcfing locahon, landscape plans and general allowable
uses of the permitted zone All variations must conform to regLilations set forth in the Spokane
County Zonuig Code, and the original iiitent of the development plans shall be maintained
4 Approval is required by the Division Director/desi~nee of a specific liyhting and signing plan for
the described property prior to the release of any buildino permits
5. A specific landscape plan, plantin~ schedule and provisions for maintenance acceptable to the
Division Director/desi~nee shall be submitted Nvith a performance bond or other suitable guarantee
for the project prior to release of builcliilo permits Landscapinj shall be installed and maintained
so that si~ht distance at access points is not obscured or impaired
6 Direct lijht from any exterior arca IioIlhil" fi\tuie shali not extend over the property boundary
7. The Division of Buildina & Plannin- shall prepme and record Nvith the Spokane County Audrtor a
Title Notice notina that the property In questioii is subject to a variety of special conditions
imposed as a result of approval of a I,111d use action This Title Notice shall serve as public notice
of tlie conditions of approval affectiny, the propei ty in question The Title Notice should be
recorded within the same time framc as allowed for an appeal and shall anly be released, in full or
in part, by the Division of 13uilding I'Iannin;g "1 lie Title Notice shall generally provide as
fol lows
The parcel of property lr~.illy desc~•il~c~l a5 is thc subject of a land use action by a
Spokane County 1-lcaring Bu~iy c~r ,-~~Iniinisti ati~rc Oflicial on , imposing a
variety of specia) clevelopment con(litio~ns. F,Ie No. is available for inspection and
copying in the Spokanc Couiity Divisimi ()t 13uiiclin~ ~F 1'lanninj.
. , . •
The Div;sion of I3mldinu, Planninu shali iile with the Spol.ane County Auditor, withcn the same
*ime frame as a!Io%ved fior an appeal f ioi>> the linai disposition, incRid;n~; lapsiiig of appeal period,
a Title Notice, wli icli shall generally providc as follows
"Prtoi• to the issuance of any buildin~,~ peraw for any builcling or any use Oil the property described
hecein, the applicaiit shall be responsible for tomplYin~ \vjth the provisions of the Zontn~ Cude for
Spokune County, Scction 14 706 (Aquifcr Sensative Area Ove►lay Zoiie) The property which is
the subject of this liotice is more p7mcular!y cJesci-ibed as
follows "
ATTACHMENT B
CONDITIONS OF APPROVAL
r
i
\
Spokane County Public Works Department RcC~EVcD
{ViY
Division of Long Range Plannin~ ~FOi'~A~Nc ; COtJ
► ,
,
' J
Interoffice m.emo ~IVIISIoN OF SU!l.DlN'0'% AtJD pLAh'NfNG
EY.
Date: 10/19/98
To: John Pederson, Senior Plan.ner
CC: John Mercer, AICP -
From: Allan N. deLaubenfels, Planner
RE: ZE-9-98 (UR 3 5 to UR 22)
On 8/13/98, we w-rote:
Thank you for the opportuniry to respond to the above proposal "fhe Division of Long Ranoe
Plannin2 finds the followmg,
The proposal is located m the Urban Cate,gory of the Spokane County Comprehensive and is located
inside the Interim Urban Growth Area (IUGA)
The Long Range Division has no comment on this proposal
There is no change
. • ' s UFFiCi~ OF TNaE COUNTY ENCINEF~R
1026 W Broa`iway Ave, -)nokane, WA 9L)26-0-0170 (50q) s56 -;600 p',M:; 324- 347c
)tV;; OF APPR('iV"nT,•, ~OR7E'
•,F, N73 IN'ER' 5 C'Ut~I=.1,~
~ , .
T4: Spokane County Planning Denartment/ ~
FROM • Uivs_s, on of Enclr_eers_nq & lZaads
UIP, TE. Gctober 13, 1998 ~
PROJECT : L7R - 3.5 TO UR - Z 2 APT 270 UNI7
FTLE C"JE-0009-9$ /
Hearing 10/28/1-098 0 1030 f
Revlew Datp 08,/20! l_998 Cil T
Spor.sor/Applicant : BRYAN STOIvE (QULCI1.~N)
Secfiion Towr.sh2p Ran_ye. ? 0-25-4a
P 1 anne r• JOF-IN PFDER:,(')N
'1'ecianical P.eview Date ( @ )
The Spokane County Englneerzng r?epartmeriIE- has retiT,ecved the ,--,bov` rt., ^~re: c~d
aoolicatior_. The follot,,~jljg "Conditaori5 oLc P_p»Yovr,i " a_e suhril-i-i-_ec `o tne
I"UOkane Courlty rlannzng Departmenr for inclus3on 1n the E' Fjjjdi.n_c~ o~. ~'ac
_
k-'or?r_lL;S1GriS and Order/L'ecision" shou l'a the reqaest be apDroJea.
1. SpokGne Councy has ;io new condi-_i.ons conceY=.,, nq "ch, s0r(:)C,o .71.
pfevious r_ondztaons o; FQprUVa) :~re_ Sr_, 1 a_ a0r1 Ic~.~nlE cc f_ppl,ca::c BPYalu srori_ f(}ut,c-.:,.vt
F:^gineer/Surr%rE,,.ar Pz,TrZZCX rt00:2~
P}.an"1er JO?-r4 PEDcRSQAi
, ,
. ,
. L . ~
Washington State Eastern Region
v7FS Departrnent of Transportation 27 14 rq Mayfair Street
Sookane WA 99207-20aJ
Sid Morrison
Secra 2ry o• Transoort2:ion (509) 324-6000 ,-'iECEiVED
Sr~OKANE CdUN1 y'
(~ctober l, 1998 `'CT ~ b 1948
DIvIsior~ Or- :~)UlLDlNC AlilD PiL.=sNFYINC
Mr John Pederson
Spok3ne County Plannincy
1026 West Broadway Ave
Spokane, WA 99260
Re Stone Apartments on Pines and Grace
Dear Mr. Pederson
Thank you for the opporturiity to comment on the above development proposal. On March
12`h both Spokane County and WSDOT met with the appllcant to dlscuss traffic issues
related to this project. Because this proposed rezone will not add any new trlps but serves
to spread the existina trips over a~reater land area a full traffic study was not asked for In
lieu of this we ask that the followina coriditions of approval be placed upon this rezone
request This conditions are needed to ensure that the existing intersection of Pines Road and Grace Avenue are not over consumed by the traffic this development wlll add.
• Pnor to the issuance of occupancy permits for this site the applicanc shall analyze the
intersection of Pines Road and Grace Avenue to deternune if adec}uate capacity exists
for thls development. If this intersertion will be dearaded to ievel of Service "F" the
applicant shall install a westbouiid left turn restrictor at thls intersection to divert this
traffic movement to other intersections. This analysis and the desiQn of this left turn
restnctor shall be approved by both WSDOT and Spokane Counry Englneers prior to
its installation.
Thank you acain for the opportunity to re5pond on this matter and if you should have any
questions please feel free to contact me at 324-61 99
Sincerely.
ZA-,R~Z-SK ROHWHER
Re~ional PlanninQ ManaQer
GF
cc• Brian Stone, Applicant
Pat Harper, Spokane County Enaineers
' 7ISrFZ,.,"r .
1-it-MVri ~.wuh:ANL ki7.GION i'_ x~EAL'T1N
Sr'OKt;NE '-iEALTH PAVTSION
r, lnter-offic:e t--,IIiiCIUt11'Catl'JIl
Ll c_
DA7'E Sepzenibez 18. 1 99fi
DIVISIOiV OF D"JIL..DINU r4ND t'IANNING
BY `
TO John Pederson, Semnr Planner, Spok~~ne C_;o; j1rv Building nnd ulanclt~n~ Di~~isioca
~n~r~
t F`
rROM Donald T Lynch, I;II;a r[ - EHD, SR~:D
;
SUB.;FC 1 i'roposed ?one Cnange ZE-9-98 ($to.1e)
I Pleferences
a) Map of subject b), applicarlt, uud-ated. rel;eivr-l Ly this of;ice 5eptembei 12; 1998
L)) ReC01'LTIatSSaJ1Ce GeUI0c,:1r 11~a~i ofthti IX'cs?_' ialf of the SUOkane Quacfrz~iwle,l; %asllington and Idalio
Ailan B vriggs, 1966
c) Soil Survev Sook-ar,e Countv V4%asi, n!_tc;n, :>otl Conaervation SYrv1r,E, U S D A , March. 1968.
d) SX?O}Caila Cl)ll.iliV WashinLiton. _EntJaueerinrj Interurelations, J^.d Col1Si-iVatlC)►1 SeC4'lCe, J J 1) A ,
AuQust, 1974
e) Spakane Couretv_}Zulc-s .ind ReLlUlu00ns Ior 7,_ ,.vace ()tsposal Systems, 3anuar~► 19, i 99J
f) LoQs of water well ; IIl RanQe 4f!E, Fownslii;3 25N, Sections 3, 9, 10, 11, and 13)
0) Map CYeenacres Quadrangle, U S(J 1973 and Spol:ane NE,:1 SG,S 1973
~ F1r1dlIl(yS
a) This project lies over the Spokane Rathdruri; A;iiifer
b) The project is within Critical WaEer Suppl}r Scrvlre Area 83 and within the service area of lrvin Water
Distl-ict ,~,'G Water supply will be apublic-systGm
c} The project is inside the Spokane Coun-Ly Crmprehensive Wastew-ater Manageinent Are3; inside the
General Sewer Service Area, and inside the Prionty Sewer Service Arc-a recommended in, the '201'
Study The metliod of se`vapC dISpoJal is subject to approval_ of the Dizecior of Utilzties, Spokane
County, pursuaut te Coui.tv fZesolut,dn SO 0418 adoptea March ?4, 1980 T}le topocilraphy anci so.ls in
the area are generaily suitable for use of in-fi vaciual on-site sewa~e disposal systenls The lots are of the
proper dimensions to pernut the use c,t both ai, individual wells aiid sev.faQe systems
d) The projecY lies irA a moderately steep to flat siopinry area east of Pines Raad arid south Uf Giaee Street
Local draiila~ewa}~S are siln,~ic4li~t
e) Surface snits are c!assed hy the iJ SSoil Consei-vation Service as Ganisan Pravelly loam with 0% ta
5% slopes They ,i,~»e a septic iraci~: t►?ter feld limitation of sli~ht There is also possible
contai»ination of grounawater This soil x\ould be classified as i'ype IV
• _ r .
.
f) Geolo(yically, the soils are cylaciofluvial dep'osit5 These geological structures generally yield moderate
to very larae amounts of water Data from wells in the area referenced in section 1 f shows they are
from 59' to 1 51' deep and haxe st3tic water levels varyin-a from 40' to 91' lielow the surface The Irvin
Water District n6 has indicated that it can supply domestic use water for the project upon conipletion
of agreements with the proponent. •
3 Required (mandatory) Conditions If Approved
a) Sevvaae disposal method shall be as authorized by the Directar of Utilities, Spokane County.
b) Water service shall be coordinated thrCUgh the Director of Utiaities, Spokane County
c) Water service shall be by an existina public water supply when approved by the Regiorial Engineer
(Spokane), State Department of Healtll.
d) A public sewer system will be made available for the projeci and individual service xvill be provided
Use of individual on-site sewaae disposal systems shall not be authorized
4 Recommended Conditions of Approval.
a) Use of private wells and water systems is prohibited
c Director of Utilities, Spokane County
r Sponsor- Bryan Stone
104 S. Division
Spokane WA 99202
hrduse. lu^ae-9-98(scone)
, . , . •
Pederson, John
From: Yev!n Ftobinette{SM1'P RUg1{dK'V~~R(p,t'rrv vva y=) v)
Sent: Thursday, l7Ctoaei' 01, 199II 10 45 RM
To: Pederson, John
Suk,ject: Qualchan InvEStmznts Zone Reciassr:c;ation (ZE~-cj'-98)
NlDFW has revcewed this site pldn for a rezone. frorn U'rr-3 3 (l►ioari to UR ?9 genFic!:y located east
of ard adjacent to F'ines Road ai-id south of Etir.lid andofferL' the fioliowing ~ onirnr:i7t
The site is r.lassified as Urban Natural Oper Space Ho,vever, pecati: F oi the ~-x.istiny ord surround,ng landusc-;,
w;: would not reqtjPSt that ttle C:ounty require a ilabit~°~i Manz.cJprriGnt I'Ian lh-~s? pockets ef urban riatt!raf open
spac.:'~ are becoming increasii-igly lsoiated and funchoi-i as hahi.-'At ror marii uirban wildiife species We woul Ll
request that the applir.ant voluntar,ly landscape with iiative plant spEcies i;i ii rnanrier which rrfculd piovic-fe some
habitat for wild!ife Irifiormation on landscaping for vvifdlflfe i:, availavl<: at our oStire (456-4082) and at the Spok.3ne
C;cunty Conservation District (3: 3-21 ZO)
l"hank you for the opportunitar to comment on fhl5 p1Qsti,(,t 'f yotihc-,lve ariy.liiESti•)ris rcgardinq thesc cumrnent~,
do nof hesitate to contact mE
-.i--+-~r
_+-+-+-f--} ~-+-+-i _+--r. 4--4
Kevin P.obinette
Habitat Biologist
Washington DPpartrnent of Fisri and Wildlife
8702 1`4 Division 5t
Spokane, Wash 99218
(509) 625-5545
robinkwr@dfw wa gov
c:~,~P 1
~ ashingtOn State
; B OUNDARY R.EVIEW B OARD ~
I For Spokane County -
I I 721 N Jefferson St , Rm 401
I Spokane, NVA 99260-0040
i (509) 456-4237 FAX (509) 456-3631
August 18, 1998
Mr. John Pederson, Senior Planner
Division of Building 8 Planning
1026 West Broadway Avenue
Spokane, WA 99260
RE: ZE-9-98 Dear Mr. Pederson:
Thank you for the opportunity to comment on the proposed zone reclassification for Bryan Stone.
The site is located outside the corporate limits of the Irvin Water Districi. Annexation of the
site into the corporate limits of Invin Water District would require the filing a Notice of
Intention and approval by the Boundary Review Eoard.
If annexation is anticipated please incfude the SuppiQmental Sheet for Non Project Actions along
with the Environmental Chec4clist and list the Boundary Review Board as a permitting agency
under section A.10 of the Environmental Checklist. Also, the Checklist and Supplemental Sheet
should discuss annexation into the Irv3n Water Districi.
Please call me at 456-4237 if you have any questsons. Thank you.
Sincer ly,
~ ~~2~~J
Thomas Veljic, AICP
Planner
cc Bryan Stone, Qualchan Investments
Glenn Talmage, Irvin Water Distnct
$OAIZD riEMBFRS NIary F3enham Rol)e.rt f= Nc:hcrg-,ill S:illy It Reynold, 1 an,rcncc B Stone AnnEmaric Wiscr
09/03t98 li1l, 13 . V! ~,.k.a 3 0 J 8 9: 1 iea .yi-U ik 1 1l\.C4 L1-1 A. /
~ Sp~iKANE VALLET IFIRE DEpARI'MENT
S'pokane C;otir:iy Flre District 1 _
103 19 r"AST SPC2/aGUC f>VF - SPC7KANF VJii 99206-3676 9 (55W) 921"j- 170LI a F;X (W;+) 892-4125
D P.prt !!v+ri;iPu'iss
C'~ tla7
aeptelYlbez 3E 1998
John Pedexson
Depart3nent of Build;.ng & Pla:ruling
1026 w. 3roadw$y
Spokane, WA 99260
Rx,: Zone Reclassill ~ La ti o Yi
ZE-9-98
DeaY Mx-. Pederson a
Z'he Spakane Val1Py Fir"-, Dega7.t_ne ,n, hss no c.-+bjee-i ion to this zorIa
reclassificatfon.
~ Si24r.'~ "L ye
'.n/Mi 11 er
~Ceva
Fire Inspectoll:
K4 / md
rr'i'ECE(VcD
SPOKANE COUN i~'
aUG 2 5 1998
To: JOHN PEDERSON (Building & Planning) c',~(VI$}ON OF dUILDINC AN[? PLAIvNINC
ec: By
From: JIM RED (Utilities)
Date: 8/24/98
Subject: ZE-0009-98 Stage: Preliminary f'liase
Pines and Grace
SS09 A wet (live) sewer connection to the area-wide Public Sewer System is to be constructed. Sewer
connection permit is required Commercial developments shall submit historical and or estimated
water usage prior to the issuance of the connection perrnit in order to establish sc:wer fees
SS12A Applicant shall submit expressly to Spokane County Division uf l.ltiliXies "uncier separate covei
only those plan sheets showing sewer plaris and specifiieations for thE public sewer cannections
and facilities for review and approval Commercial developments shall submit hisiorical and or
estimated water usage as part of the sewer plan submittal
5512F Sewer plans acceptable to the Divosion of Utilities shall be scibmitted prior, to the issuance ofi the
sev✓er construction aermit
SS15A Arrangements for payment of applicab!e sewer cha; ges must be made priur ta issUance of sewer
connection permit Sewer charges may include special connection rharges and gEneral facilities
charges Charges may be substantiat depending upon the nature of the develupm4nt
V✓S01 Any water service for this project shall be provided in accordance with the Coordinated Water
System Plan for Spokane County, as amended
r
• ` OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, 5pokane, WA 99260-0170 (509)456-3600 Fax 324-3478
"ENPINEER' S CONDITIQ,N,S OF A,PPROVA,
TO: Spokane County Planning Departmen~ ~
FROM : Division of Engineering & Roads 4~
DATE: October 13, 1998
PROJECT: UR-3.5 TO UR-22 APT 270 UNIT
FILE ZE-0009-98 /
Hearing: 10/28/1998 @ 1030 #
Review Date: 08/20/1998 @ #
Sponsor/Applicant: BRYAN STONE (QULCHAN)
Section Township Range: 10-25-44
Planner: JOHN PEDERSON
Technical Review Date: ( C )
The Spokane County Engineering Department has reviewed the above referenced
application. The following "Conditions of Approval" are submitted to the
Spokane County Planning Department for inclusion in the "Findings of Fact,
Conclusions and Order/Decision" should the request be approved.
1. Spokane County has no new conditions concerning this proposal. Al1
previous conditions of approval are still applicable.
CC Applicant BRYAN STONE (QULCHAN)
Engineer/Surveyor PATRICK MOORE
Planner JOHN PEDERSON
• ~ ~ ,
~
~
4tIr
S Y O K r~ N E U N T Y"
BUILDING AND PLANNING • A UI ~ 151~>:J OF TtiE PUHUC WpRKS DEPART`tEVT
JANtcs L. MANsoN, C.B.O. DIRECTC?R DEtivrsM. Sco'r-r, P.E., DIRFCTOR
M E iVIORANDUht
TO: Spokane County Division of Engineering; Pat Harper, c/o Sandy Kimball
Development Engineering Services; Bill Hemmings
Spokane County Division of Utilities; Jim Red
Spokane County Stornlwater Utility; Brenda Sims
Spokanc Regional Ilealth District; Steve Holderby
Spokane Councv Division of Long Range Planning;lohn Mercer
Spokane County Division of Parks, Recreation and Fair; Steve Horobiowski
Spokane Regional Transportation Council; Gten Miles
Spokane County Fire Protection District No. 1
East Valley School District No. 361
Irvin Water District No. 6
Spokane Transit Authority; Christine Fueston
WA State Boundary Review Board; Susan Winchell
WA State Department of Transportation; Mark Rowher
FRONI: John Pederson, Senior Planner
DATE: Uctober 7, 1998
SUBJECT: Review and comments for the he:iring of October 28, 1998, time 10:30 a.m.
FILE # /ZE-9-98
Description: Zone reclassification from UR-3.5 to UR-22 on approx. 2.15 ac to correct
a tnapping error per previous zone chanoe ZE-120-84 and to review a site plan
illustrating 270 multiple family residences as provided for by previous zone
rc.~classification ZE-120-84.
( S"1'R) 10-25-44
Spunsor: Bryan Stone
Note that the application, maps and Environmentnl checklist were previousiy circulated to your
a~ency.
Please review and return any comments to mc by October 16, 1!~95.
hrd
tlttachmecits: Notice of Public Hearin,
1026 bti'E5T BROAM1'A1':1vEtiUE: • S['C.~KANE, W:i5H1tiC;:r)N 992hl1
1'xONt (5QQ) 456-3675 • F.>x- (509) 4564703 «
TDf?: (SO9) 324-3166
~ . ~
• .
. .
NOTICE OF PUBLIC HEARING
SPOKANE COUNTY HEARING EXAMINER
TO: All interested persons, and owners/taxpayers within 400 feet
YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE
LAND USE APPLICATI0N LISTED BELOW, AS FOLLOWS:
Application: File No. ZE-9-98; Zone reclassification from Urban Residential-3.5 (UR-3.5) to Urban
Residential-22 (UR-22) on approximately 2.15 acres to correct a mapping error per pervious zone
reclassification ZE-120-84, and to review a site plan illustrating 270 multiple family residences as
provided for by previous zone reclassification ZE-120-84
Hearing Date and Time: October 28, 1998 10•30 a m.
Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026
West Broadway, Spokane, Washington
Applicant/Owner: Qualchan Investments
Owner's Designated Contact: Bryan Stone, 104 S Division, Spokane, WA 99202; (509) 455-5477
Address and Location: Generally located east of and adjacent to Pines Road in the NW '/4 of Section
10, Township 25 N., Range 44 EWM, Spokane County, Washington
Comprehensive Plan: Urban
Zoning Designation: Urban Residential-3 5(tJR-3.5)
Environmental Determination: A Determination of Nonsignificance was issued by the County Division
of Building and Planning, as the lead agency. The official comment period ends 10-26-98.
Related Permits: None
Division of Building & Planning Staff: John Pederson, (509) 477-3675
HEARING EXAVIINER PROCEDURES
Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted in
Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and
may submit written comments and documents before or at the hearing. The Hearing Examiner may limit
the time given to speakers A speaker representing each side of the issue is encouraged. Any appeal of
the Hearing Examiner's decision will be based on the record established before the Hearing Examiner,
pursuant to County Resolution Nos. 96-0171 Environmental appeals will follow the same procedural route as the underlying action All hearing will be conducted in facilities which are physically accessible
to persons with disabilities.
Inspection of File, Copies of Documents: A Staff Report will generally be available for inspection
seven days before the hearingo The Staff Report and application file may be inspected at the Spokane
County Division of Building and Planning, lst Floor Permit Center West, Public Works Building, 1026
West Broadway, Spokane, WA, 99260, between 8 a.m. and 4 p.m., weekdays, M-F, except holidays.
Copi~% of documE,its will be made available for the cost of reproduction. If you have any questions or
special needs, please call the I;iv's;on at (509) 477-3675. Send written comments to the Spokane County
Division of Building and Planning, 1026 W. Broadway, Spokane, WA, 99260, Attn: John Pederson, ZE-
9-98. Motions must be made in writing and submitted to the Spokane County Hearing Examiner, 3`a
Floor, Public Works Building, 1026 W. Broadway, Spokane, WA, 99260-0245.
OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478
"ENGINEER' S COIJDITIONS OF PPPRQUL" ZONZ
TO: Spokane County Planning Departmen
FROM: Division of Engineering & Roads
Gs~,l L
DATE: August 25, 1998
PROJECT: UR-3.5 TO UR-22 APT 270 UNIT
FILE ZE-0009-98 /
Hearing: @ #
Review Date: 08/20/1998 @ #
Sponsor/Applicant: BRYAN STONE
Section Township Range: 10-25-44
Planner: JOHN PEDERSON
Technical Review Date: ( @ )
The Spokane County Engineering Department has reviewed the above referenced
application. The following "Conditions of Approval" are submitted to the
Spokane County Planning Department for inclusion in the "Findings of Fact,
Conclusions and Order/Decision" should the request be approved.
1. Spokane County Engineering has no new comments concerning the
application. All previous conditions of approval are still
applicable.
CC Applicant BRYAN STONE
Engineer/Surveyor
Planner JOHN PEDERSON
. L ~ i. Kimball, Sandy
From: Hemmings, Bill
Sent: Monday, August 17, 1998 1 22 PM
To: Pederson, John
Cc: Engelhard, Scott, Harper, Pat, Kimball, Sandy, Busko, Doug, Miller, Katherine
Subject: ZE-9-98 - Bryan .13tane
8-17-98
I received the above referenced application on August 11, 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 technicaily complete •
Ow ~
Page 1
PAGE 1 15 : 02 : 08 13 AUG 1998
Road# Road Names.......... MPost. Reference Descriptio Road Log Info..........
03743 PINES RD (START) 00.000 40TH AV (START) & MA U 17 PAVED 40
PINES RD 00.140 38TH AV (END) U 17 PAVED 40
00.260 LORETTA DR (END) U 17 PAVED 40
00.420 34TH AV (END) U 17 PAVED 40
00.510 32ND AV U 17 PAVED 40
00.650 LENOR.A DR ( END ) U 16 PAVED 40
00.730 SKYVIEW AV U 16 LIGHT BITUM. 20
00.790 27TH AV (START) U 16 LIGHT BITUM. 20
00.810 27TH AV (END) U 16 LIGHT BITUM. 20
00.880 26TH AV U 16 LIGHT BITUM. 20
00.950 25TH AV (END) U 16 LIGHT BITUM. 20
01.010 24TH AV U 16 LIGHT BITUM. 20
01.070 SOUTHWOOD LN (PVT RD U 16 LIGHT BITUM. 20
01.080 23RD AV (END) U 16 LIGHT BITUM. 20
01.090 SOUTHWOOD LN (PVT RD U 16 LIGHT BITUM. 20
01.140 22ND AV (END) U 16 LIGHT BITUM. 20
01.210 21ST AV (END) U 16 LIGHT BITUM. 20
01.230 20TH AV (START) U 16 LIGHT BITUM. 20
01.280 19TH AV (END) U 16 LIGHT BITUM. 20
01.300 19TH AV (START) U 16 LIGHT BITUM. 20
01.360 18TH AV (START) U 16 LIGHT BITUM. 20
01.380 18TH AV (END) U 16 LIGHT BITUM. 20
01.440 17TH AV (START) U 16 LIGHT BITUM. 20
PIIJES RD (END) 01.520 16TH AV U 16 LIGHT BITUM. 20
1 Records Processed
. .
DF,TERMINATION OF NONSIGNIFICANCE - "DNS"
WAC 197-1 1-970 and Section 1 1.10.230(3) SPOKANE ENVIRONMENTAL. OR KMTIVEIJ
FILE NLTNTI3ER: "LE-9-98 0 C T 0 1998
DESCRIPTION OF PROPOSAL: Zone Reclassification from Urban Residential-3.5 (UR-3.5) to
Urban Residential-22 (UR-22) on approximately 2.15 acres to correct a mapping erro6P"66MTXX(W1i4E`-(;
reclassif-icatian ZE-120-84, and to review a site plan illustration 270 multiple family residences as
provided for by previous zane reclassificaCion ZE-! 20-84.
APPLICANT/OWNER: Qualchan Investments, Inc., c/o Bryan Stone
104 S. Division
Spokane, WA 99202
(509) 455-5477
LOCATION OF PROPOSAL: Generally loc,atcci east ofand adjacent to Pines Road in the NW 1/4 uf
Section 10, Township 25N, Range 44 EWM, Spokane County, `'VA.
LEAD AGENCY: SPOKIANE COUNTY D(VISION OF BUILn1NG & PLANNING
DETERMI3vATION: The lead agency for this proposal has determined that it daes not have a probable
significant adverse impact on the environment. This decision w3s made after review of a completed
environmental checklist and other information on file with the lead aoency. T}iis information is available
to the public on request.
- This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for at least
15 days from the date issued (below). Comments regarding t6is DNS must be su6mitted no later
than 4:00 p.m., October 26, 1998, if t6ey are intended to altcr the DNS. All comments should be
ft-.bnt to the coniact pcrson tisted below.
RFSPOi1SLBLE OFFICIAL: : By: John W. Pederson T'itle: Senior Planner
Spokane County Division of Building & Planning
1026 W. Broadway Ave.
Spokane, WA 99 U-0050 ~09) 477-~67~
DATE ISSLJED: (}ctober 9, 1998 SIGNATU:e'S ~
CC7M~7S REGr1RDI1~G ENVIR4NMII~'AL t RE ~ 'VELGC~IE AT ~-~E HE.4R[tiG.
APPEAL UF THIS DETEI~IINATION, af'ter it becomes tinal, may be made to the SPUkANE
COLTNTY DIVISION C}F BUILDING & PLANNING, Ist Floor, 10?6 W. Broadway, Spokane, VVA
99260. The appeal deadline is ten (10) calendar days after the signing uf tl3e dtcisian to approve or
disapprove the project. This appeal must be written and the appellant should be prepared to make
specific factual objections. Contact thc Division of Building and Planning to assist vou wiih the
specifcs for a SEPA appeal. r
Thic, D'VS was mailed to:
1. Wr1 Statz Department of Ecology (Otympia)
Spokane County Division of Engineering, Transportation Engineering; Pat Harper
Spokane County f)ivision of EngineLring, Development Services; Bill Hetnrnin2s
4. Spokanc Courity Uivision of Utiliues; Jim Red
5. Spukane Cnunty Stormwater Utiliry; Brenda Sims
6. Spokane Regional Nealth District; Steve Holderby
7. Spokane f_'ounry Division of Long Range Planning, John h9ercer
8. 5pokar,~~ i.:uunty Division of Aarks, Rec &Fair, Sieve Horobiowski
9. Spokanc~ iZegional Transportation Council, Glen Nliles
10. Spokane Transit Authoritv, Christine Fueston
11. WA State Boundar}r Review Board, Susan Winchell
12. WA State Dcpartment of Fish & Wildlife, Kevin Robinette
12. Fire Pratection District No. 1
13. lrvin Water District No. 6
SpOXA7tE E'ry t RWE M iAL ORO I?UU1C
{ 197 ;11-9601 Sec; ton 11 `10.270( 1) ~ ~ . . ,
.
Envfronaental Chetkllst
Fflt .4p, Z~~ e7hS
Pvrpose of Chetkllst:
?he State enviranoental Oolttr Ac: (SE➢A) tt+aoter 13.11C RGy. recutres sll goverrs+entil sqer+cies [o conslder the envlrornentai taoscts ot a oraoasal
before naking Aecisions. 11n Enrironsental lmpar. Staters+ent (EIS) Qust De Dre9ared for a11 prcqosals ritA probabie signt/icanc aaverse topac.s on
the aw litr of the enrirorsaent. TAe Ouroose of this cletfcltst 1s to provide intormation tc Relp yw and the agency identlfr iwpac;j trm your
PMocsS1 (+nd to redute or avoid iepac2s fro■ tnt Orovosal. it it un bt Qone) and Lo he10 tre aqenty dectde whet+►er in EIS tS required.
Initrvc:tonz (or Aqplicants:
This enviroroencal C1ec5clist asks yau to destriDe soae Dasic fnfo*mat1on aDart Your proposal, Governoencal agenctes use tAis CAecklisi to decer=int
rhetf+tr the environaencai fmoacts of yavr pro0osai tre stgaificant. reQulriag prt9arattion of •n EIS. Jlnsver the Qtxstions brtefly, rit:+ the mosc
precise fnfor-2ation tna.n, or gtve the Dest descrtotion yw can•
You wust answer each puestlon accurately and carefully. to the besi of 7aur knwledge. !n mps: cases, ycu should Oe eDit to anzver the questions
from rour ovn observacions or proje r plans rttnwc tne n r_d to nire ezDertz. If rou really do not tnor the artsver, or tf a Question does noc acoly
to 7our proposal, vrite 'do not tnov' or 'doez not aooTy.' Ccoolece ansrers to the quesilons nw ary avoid unnecessarr ael,r: later.
Sc ae 3uestions ask aDout qovern.entsl regulations. suc4 •s zontng. snoreltne, ar+E lanQmart OesSgnattons. Ansrer tnese puesifonz if you can, you
rare prooleas, the goverrrrental a9encies can sssis: yw .
The c?+ec#11zt questfons apDly [o ♦il parii of your Orooosai. e•en 1f you olan co Qo tneso orer a perioC af ctme or on difitrent flarceli of land.
AttacA any sddittional fnforaution t1►at rill descrlDe rour proposAi or 1ts environnental effeCts. TAe agenty to rhtcn rou zuooit :hii chettltst ray
ask rau to ezOlain rQur ansrer= or provide iddlttona) lnfpnaatton reasona0lr *elateE to dtterafnfng if CAere aar De siqniftcant adverze fmoat:.
Use ot cAect 11 st for nonorojec: proposa 1 s:
Coneplete thts cneckiisi for nor►project prooosalz. e.en thougl+ pvesciorn mar De •nzvertd 'does rtoc •colr•.
IN ADOtTION, tarqle[e the SiJWI-D!F11T111 SHEE7 FOSt KO'1PR0.7ECT ACT10?tS(Part O).
For nonoro,vct actions. the references in t:+e cAectltst to the wrds 'Oroje[:.' 'iopllcant.' ane •prooerty ar site' snovid Oe rraa as ';►aposal.'
'praooser.• and 'aftec:ed geoqrsohic are&.' resoet:t•elr• -
A. BALXQ"0
1. '1+me o( DropoSeE projtCi. 1f aDD11caOle 110
•
`
2. Ma s o f App 1 i c a n t:-~~~:S~~c ~~c,c~ L-~lS6~G5 7`7'~'1 ~'C_ ~ ~7.rv~ ~K •
3. Address +nE phene nuaber of aDDliCDnC or eontgC ;erson• ~7 •~7 / V~'~,LO ~D,v ~i(~/i~ 992~ Z
• l
4. Oate CNeCkltit prtvareQ: 7v ~~j '
5. Agertcy rtquezting cnect 1 i s::
6. Prcposed tlmnq or zchMule (tntiuding flnasing,~it iooltea0ltl'~/./T
7• DO r°iJ have a^r plans for fuwre aCdttions. tlp+riston, or fuRher ac21r1ty reLceO to or cpmet.ea rith LrSi prooosal' It res, elC+lain.
~
b. Oo you oan or have opttons on land nearbr or idla'ent Lo tt+ti proqasal' Tf Xex Ex~pFatn,_
, .
,
S. Lisi anr enriron.e ntal infaraatton you know aDOU' Cnst has 0 a n p,epared. or vt11 De prrsart0, asr- r.ir relaietl La ( s prooosal.
.
- . ~ ---v. .tl~~','; ° . ~;.vZJwr?IfJ2li3o~~iC
14~1a,~75 4 v
~
Rev.t/1/$8 1
~ gp•~x,v7L Lq7Ij0fQQ`4'.AL OADIIAACE ~ , ° •
J
<:AC 141-11-960) Scc:SOn 11 11 220(!)
A bALXC20= (coctiaued) '
9 Do Tou cso.. vhec'+.ec •ppllucloa~s n•ce peadic; fot =overaasrt.! •?9ro.a!• o( ocl+e~ y~o~oMl~ dlrcct:7 atfec:loS tAe propecc•i <oveccA `vy vouc
propoGal' E! 7e~. erplslo
10 L:sc a ao~ec oent sy9ro+als or nita c`.+ac vitl bc needed (ot 7out 7toD°G'1. t! '=°wn
0-V
oev et ral
11 Glve ♦ Drie:, taa~tete de~c-:pClon of ~our ptopoMl, tncludlnq t~ 7r°p°sed uses •nd the •=sr o( t:x pco)ect and •1te ares s n
rt !s
utrt upeet• o[ )out i~opo~al 'fw do noc need to tepeac :hose ansver
quest:on.i Lstet tn t11• c:+eeSel:ac th+c sae you co desc:Lbe cec
~
DA2 7U
7/1 liGr2 ' Z ?
aK~~3 aW44o-M
i..ocsclon o: the pfopossl Glwe suttlc:snc lntor'sAcion :ot a perion to undeCi[and the prcclea lout:on o! you- pcoposed yro~ec:. tnc:udl-ip a
Sc:eet addre-SO, !I any, and seec:on, tovnahip •aC Cange. !f known. ~It a p~o°u;~wl ~d occ'u~r`oyr a ranZe of •ru. Drovtde the tanqe ar
bouaCacLes ol ctie slre(s)- PsovtAe s lagai descrtytton, sice plae, ~e-n~ate s~p• or QecaLled p1in~,su~lttedovtthY &VXilAbit
nl: 1le~ct~
3hould subati any p1,.aai requSred D7 che •ges+c7. 7a+ a:e noc rcQulred to dvpl
relaced co c c k.'t■c. ~ °
s ~ G~~~i,.~,~Jt.~ 6
et~ 7~5-- 4oO'~
+ :1e General Se~er See~v':ce Arei' .`u Pz:or'~v Seve- Se.•+t r ~e
Does c1e ;roposed ar.loe 11s v::'11n the Aqi.l:e[ ,ru ' -
Ci;v o( Spok.ane' i5ee Spolcaae Counc;r's A5A Ove-L+Y _onc ks:AS :or hwnd~rde~)
v ,
~
ae carTI-rno st A7r-:c.kYr
s. crvttoP~r-.as Li_L~r.s =_valu,.:Lon rcr
Agenc+ Ude On:7
1 °_AP:+~ ooentatooua. -
s Genetal deaeCipc:on ol L`e •L[t (cLrcle one) . rolltn;. hi117~f i
o etie r
b "1~C ta ;:te ~~ce~est slope on tF+a ni~* :r.:vri~Y~-r•F~ i+eerrnt ela~e)' Slc¢
c ;eneral :77ea o(. $011$ are found on the slte (-'or ex.►Mple. c:ay. Mnd. gcavel. peac. nutW
1: +au ic.tiov the G!~~L:~catloo of sss~cultn!ra s011t, DpOc2.`y C:+es •++e ooce •nl pslx fanlAad
d lkCe cleze iucface lndlutloy ot hlston of orucable iotls in c'+e taecdlate vtclnl[7' It +o,
desec:Se
2
, SP01U11E ExYIR010'E?1TAl OADINANCi
•;WAC 197-'t1-960) Sec;ton 11.10.230(1)
. ~ ~ • ~ • ~ ~
8. ENYIROtMEMTJIL ELEHE'1T5(conttnued)
Evaluacton For
e. Oescrlbe the puroose. trpe, and appro:imate Quantliies of any f1111nq or gradlny proposed, Agency Uze Only
Indtcate source o f111.
~l/~T~ K// / ~ 4~ ~/s~G~►'~v` ~D s,~_1~ [~f
~ r ~ ~tlsl . ~c.~~ . ~fG~ r w~ ~G`~^ .
Couid erosion o a ur as i resuit of clearing. cons:rutt/on. or use.' ff so, genersllr 4scrlbe.
Az
g. About rhat percent of tne site rtll De cover M rltn taperYlous sur.`aces •fter project cnostruc-
tion (for eaarVle, aSDha1t or Dufldings)'
4/z' ~~vtor~ i~► ~ ,4~„~.~~ - 3
:
h• ed measuns to reEuce or control eroslon, or otDer ispacLS to the earin. 1f sn
PZOW,
j'.,%0;~~
" 2. AiR
a. unat t"e of e>>sz'ons to the atr rwtd result fron.tr►e praaosal (i.e., Gust. +utmobtlt. odors ,
in(iustrial, roaE smoke) during construc•ion and rnen t1e pro,~ec: 1s cCnoletcd' U a~.
generally desc bt and ivt aODrosimate~Qusntttes 1f tna~rn. ~
_
' - • ~ ~c~-~
L;~
p Are there any off•slte sources of eotsstans or odor tret w r aftect your prooosal' If sa.
generaily de CriDe.
~
l> -
c. Proposed measures co reduce or conirol emisstons or other lapac:s to a1r. 1f any-
Q'
loe
~-j-~--~-~, - - -
3. VAT.R
a. Surta«
l11 IS Cnere any surfate witr pody on or in the i=a--dlate rttinf:y ot t»e stte inc)ndtrg ayrr
round ana seesonal streimz, saltreter. lakes, oonds. reclands)' lf yex. Cr%C' itte type ard
0r e nert►es. If aooroprlatt. sU te .hat sttesa or rirer tt f 1ori ieen. ~
(2) Yi11 the praject require anr wart orer. in. or adjatent to (ritt►in 200 feet) the deseriDed
vacers7 !f yes, please desczl0e anE at:ac:+ avsllaDle plins.
3
saCZu¢ VMaorM.z~t 02Dtau.res
('!AC 191-11-950) Seccion 11 20 ::0(1) ~ • • •
n. [xvtXar+r¢rAL rl-=PQ,.t-.; (cooclnurd)
[v.lwcion For
(7) Ea=1m&<< the •sa+et o! [tll •nd dredge a&tsrlal cl+at wuld bq placed io o[ rcms.ed tros the A4e^cr Uge Only
sur!ace vater or verF,nd• and Sodlcase the •rea of t'as •1[s tltic would De •!lect d. todica;a
che gource o( flll aaterlal.
utll the proposal tequire surtace %acez v1cM raveli or d1versioru• CiTe a=eneral descrip-
cion, pyrPose, •rtd approximate Quantl[ies, 1f knwo.
(S) Doe• the pcoposal lle v1c2►Sa • 100-7eAr flaod plila' If so, not• Ioesclon oo tbe slte yLn.
A& ,
(5) Does the propoul ln.olvs aey disclur;vs of vasu vter9al• co suTiacs vatera' I! 80,
desc;ibe the cype o( vute and aeeic:paced wlur o( disslsar=e-
~
• D Cround `
(1) VL11 groundwcer De vithdtavn, or v21: wcet De dlscLr=ed Co srouadwter• tlre =eaetal
deser tlon,~ose, and •pp[oili.tte quaaclt:es, !f ~own.
.
Deae:ibe vasec aaterla: eLc vi:l be dlseLZ;•d lnco c2se iround !roo septic uak& of oc:yz
24niury vasce :sutreat fac1:LC7. DlKTSDt the =eesnl •lze of r 1+c rystm, the ompir of
howes co De •erved (Sf •pplluDle) or tl+e maDer o[ psrsoos the qacea(s) •rt rT;ec;ed to
aerve
~
_ 17 /Ultl~~..Pf.(~~
(7) Descrlbe an7 879cess. ocl+er tLa cdose des!=ned lor the dlapoaal of a+nltsry vastt,
installed for the qurpose ol dlicl+arqlat lluld• bolov the jrouad wtlace (loeludu Pyxcsa such
+a t5ose tor the dlipoul o[ scorn vacer oc draina;e (roe lloor draias). DeseziDe Che t7pe u(
sylcea, the •oount o( aate H al to De disposcd of tAsoutb t?N 678tes and the "a oi aatetikli
llkely to De d: sposed o[ ( ineiudlag saceriale visieh say eotes the r7area lwd.ercsmz2y CST6i9c~j
sp111• or as a tuulL of llrefl=rtSag acilvlties). e •
/.tJ
VL11 •nr e2►oica2• (eipectal2r orgaolc •olvsnu or pe[roleua !u.lr) L* buo:...• npoy~•
grouad or under=rouad sto[igs cadu ' I: so, vAat c7ye• •od qusntls:es nf nst:~ -.➢3
sCoCGJ'
/J ....~..~r~
~
• ~ !PO[A2tL L'RIYOR?QYLL OtDI4A.YC2
(WrC 197-11 ;960) Section 11 10.230(1)
' b. L~LA01+lz'TAL CLmmr;'S (conclnued) SV41u,aCian fot
Agene7 U~s Only
{S) '+hac 9rocee[Sve xuuces vlll De taren to :aaur@ tlut luka or •ptll• of an e~sleal•
•cored oc used an •ice vtll not De alloved to percolace to 6twIIdvacer (chl• lotlude• msurt•
to keeq cheaical• wt o( dlsposal •)sccs• desc::bed ln 3D(2) and 3b(7)'
c vacsr P.uno(f (lncludl-4 •cocm vacer)'
~l~ disposal
(1) Oesc:iDe c!u sovtce of rvnoff (tocludint stoca vacer) and setl'Od collect-loa
1C an7 (lneluds quaneltltg, 1f knovn) ~ese w~ll LK ar f1ov'
oclec w tcra• IS •o, dese:lDc
op,
~ i
4111 an7 ehealcals De •tared, hindicd or w ed on tAr •!cr !n a loestloo vAsfe a qtll or
lea~ vtll d uin to surface oir grovadv&cec or co a•co" vater dlsposal i7+c A dise"Ias to
sucor =COUnd vater' .
(J) Could wsce oater:al• entcr grwnd oc •ut:ace %a«<s' Ii Seneially deaeLlDe.
~ . .
d. P:opesed seaauees co reducc or conetol surtace. =twnd. •nd nnQff vates Ls9a<ci. 1f aa+t (Sf
t :h• proposed •cLlon lie• vltAla cAe Aaui!er Senslt2+e Aru ?x •speeta117 elur os 62714,28[lona
t relaCing Co fac:lltles coote nlni S tloe• 7D(4). 3D(5). •nd 3c(2) of CAlr c'Yek11sL):
.vil /
~ ,~,~f~ • ~ ~,c..c 7~t~-~-
a. 1~'leck or clt:le ty;e of vesecacion (ound oa the si« -
deeiduoua cree: aldet. a+ple, aopea. oCher.
X evtrgreen ctec: lSr, ccdar, ptne, otlat
st+tvDs
Yrass.
~ paacurt.
C:OO Or gta10. .
vt . su=5 Y•cati„ es°[ej1. but:ercu9, bull:v+h. stumk cibDagc. otlet. -
' tLer ,)innta: vicer 1111r, selYtasa, al2:o11. otier 1~~j
(r/ ~
- rct+~ r C)pes o/ veSccacloo. t1~
h~ _'~r_. 4~r.d en0 .'^.r3et veSeCn:bDn viAl Se raoved or •l:ered'
c. =_06 Chtun~~i~F ~ .64YCi -V«:.*• Y2.juq3 to `H an o[ r.e&c cl+s slta.
d F:upusad :sndscapie9, • o( oacira piiacs. o c.Lr meuuee• to pre •r+~ or ealuace tetaclco
~~_.c' pl . r ' ~
on cAe e::e. ~
iI an~
~~`7"' , ~ •
s
~ (1AC 197-i1-9601 Sec:ton 1. _10.230(1) SPOKA1(E E!(YIROwE`fTJ►l ORO[y1U1Ci
8. ENVIRQtMExTAL ELQ!ENT'S lconiinuedl
Eraluatton For
Agency Use Onir
5 antnaLS
a Circ1e dny pirdS end ani4als rAicn Aare Deen oCSertied on or nedr the S1Ct or ere tacw• to Oe on
or ^edr Cf+e S 1 te
CT►dz hart, her7n, tig1t, SOnybirds. O[ner' /`f/J'
maenals Cetr. Dear, elk, Dearer. ocher
f~sn Oass, salroon, trout, herring, shellfish, ocf+er•~
oC'ler 02,
r /
D Lts: any tnreaten M o► trtdenger M s0ettes kna+n Lo De on or near the stte
. V ~
C :s tne Stte par; of a atgtatton ►ovte' If So, exDla1n-
A/0
d• DroCozeC Qcesures to prtserve ar enhance rildltfe, it anr:
5. EvE;G'r A.40 vATURAI RESOURC:S
A. vhai kinds of energy (elet:riC, nacural gaS. •aoG Stove, Solar) .ill r? used [o aeet. the
Cne COmoleteG proleCt'S energy nesGS' OeSCriOt rhe[her 1L r111 Dt used for neaZtei-y. aaaultc-
turing.
es,..~~ ~fiG~ ~ •P~9- -
1$ Wauld your orojeC: a!!eC: i1+e pottatta) use of solar eneryr Oy sQjaCtnt Orooerttes' N $c,
generally Cescriee.
~ .
C Wra. iindz of energy Conservetion teetures are includtd in the plans of tA1s praoosrl? Lis:
o:ier praoosed Mr3sures to re-jute r Control cr+er9y lRVac.s. ff °^y
t
A~ , ~ G~ ~pyG f, - •
-gzpelm.
I
' ENYIRO'4N£4TAl HEAlT1i
ar- Crere any envtronrnencal healtn hazaids, includtng excosure [o coxtc cneseicals, cist uf ftre
anG !xolosion. spill, or nazarEous raste, t1+at could o a ur as a result of inis prrgasail if so,
descrtbe.
, A7
IliDescribai energenCy Servltez CAat atgnt De reCuired.
-
6
~ ~ror.~ E~Mamaov'`r.Au. owt.A.aa
~ • r
(VAt 197-11-1)50) Sec:lon I1.10 230(1) M~~3
G"IA0t4QT.AL Lymm'rrs (coocSnued) L.aluAclon Toc
Aaencl Ooe Oa1T
L:NL~CN!'='^Ai. HL11.'S (coot
.inwd)
Z mod aeawce• to rcduee ot coocrol ao_iro=ental heAlt:+ lvtards. lt •v7'
b~ Votsc
(1) 'Jhat C7pcs o( oolae eslsc ln tM area vlslcA sa7 aftsd 7wr p[oJect (Sor •L1Qit: CSil:ic.
eQul~aent, opecaLlon, otAsr.'
'00p,~a
eti on a
11t+c C7pe• aed lsvela ot aolse vould De cseiced try et •"aCi+«d vitR t!u pco-
shoc:-ten or a lons-tsn Deela (lor eusple• traltic, cocscrvetloa, operatioa, ot1et)! Ldtute
vhac hovn jn i e vould co~e trvs c2+e s1Ct. ~
~i-~
(S) Proposed a.eigut• to reduee or eontrol notae tapaecs. 1i 607:
8 U':D AvD 5R0R.2I':L USE 00
/ •
A. t'hac is cha eurrsnc we ot the site and •C)aceat 9toper[!ia'
b 'L✓:ZC iRe bee~ed fot a6rle cure' If •o, deaezlDe.
,
c Desc::be any ot:uc:ures oo c:+e s![e.
.
d. vl:: any struCLutes De deaolished' I( so, vhlcl' .
~
• '~'.ar;, . ...tre..e r•a;og tlaeat::c ~r"~~n of etre •itei zZ
f• :s the cu~ ,-C at 'mpreluast+e pLo dtslitutloo o[ C!u al«'
y I: •p9L:cabla, vttiac is c1s cutseDt sMrellne ma+cer pcostaa desisaatioo of thd flte'
= `
'1. i.~c ar_y ~sr ~•.a; ..~.u r,1»ssl.°:ed aa an 'ouwLrowaca117 semiti►-@' atu' L' so,
@pec.l:y .
~
1. Approz:.ytilr ;tov yny peopl• wuld reslde or wrt 1D c!ye com9loced 9ro;4es'
l f~ ~
7
~ stauun ~vn,o~~r. omtur+cz
r
(VAC 197-12-960) S~ccloc 1i.10.230(1) • ~
• • • ` 1 • I~ r '
n. ciwtao:+K=u. M"¢.-NTS
=Y.luaclon ror
Aaenc~ U~e On1~
, ~
~ ADD~o=SastelY hov aau7 p~opls vould c!u cos9laccd pro)ec[ d1spLce'
ti. ProDoOed sa,.aure• co avatd or raduc• d1spLesant Sapacco. lt aa7: 00
1 Prop00ed raAwte• to soauze the p[oposal 1• tomp+t1D1a vitb esliCias aod pro}ecud Lrsi ws aad
Plans, 1f aay.
~YG~~dLt't~/C,vu ~ ifr /!~K ( ~ ~*9Y~~ I~'f •
i ~
9. NOUSIVG
a. ApprozL:sace17 Nor vay vulu vould Do r ded, }t•n i I lcac• vErct►4C Alah-. =Yd~j or
lov-laoae houatna _-27k2 G ~O ;Vqx,&-V~ wK's ~
~,~,~/i zr~~/, , ti~~+ ~ ~Zo't~
'r
~
D Approzlticelr hov ~any smit . if aey, vould be eliminacadt Iodiute vhnt1tir hlih-. tidllr. or
lorlncooe houslns.
_...~r
c PzopoeeA ausure• to reduce or control l+ousin; Smpacts. !f any:
10 AES':IETICS
Vh&c 1• the callesc nel=At ol any propoaed s[rvcture(e). oot includ3at aoteffias' z3ae 1♦ the
prlnc:pal esteriot Duildlns aacerial(s) propased' •
✓r"I ' ~N~f _Sl~w~* ~7L Ll/~~~~'t/1 ,f~ l 741
4f- 4~-- - - .
b UnAc vlev• ;"k the ts=edlste ♦it1n1t7 rould D+ a![ered or oDscrue[ed:
U/~
IZIlle
C. Pro9osed aeasure• co reduee or cootrol arscl+atlc iaaaccs. 1! a07.
~ •
11. L2CR7 A.YO Girlft.S
• 't1++c c7yO o[ iLght oc yLre vi Y cha yrOPcul ptv3Ibee' ~J+afic tlse oC da7 uwld St aats,17 oetor'
`k CoulA 11gA: or g2trc i►va the l:ninhad p.*}se: be m r+ele~y ',-Aj3rf, e" Ir+eer;rre vith wS.sw'
~
C. Vhat exlicfug ot_°-a1C:: €aurrai at c,r =LYe ti) •Ifecc ;wr rrcponnl'
-'e9e, / ~e, a...__.r._.. _..A . - .
d Ptoposed aua ru co reduet or eonezol ltghc aol SLr• LmDae_s, lf a87.
e
~ SPOLANL LWIROlY'.AL ORDI7U.YC!
(VAC 197-1!-960) Sccr ioa 12`.10.230(1)
•
„ . '
D. LxVIR0MIMT'„" MMM•frj~ (cootlnved)
Cvaluatton For
1: RMSA:LOtf Ageney Us• Only
V'+&c desl;xuced •cd loloraal recreAclow1 opqorcuniCic• are 1n tAc lmotedtace riclsiiy•
b Vould tA• roposed pcoject dlsp Lce any ezisclos [ecreacioo.&l rueii' If •o, deicribe.
c pT°Pased su suras to reduce or control Sapacts on recrutioa. ixludlng recreatloaal opyortyat_
110• co be pro.lded by cRe pcojeec or •pplluat. it •oy.
13. HLS-'OQYC 111tfl Ct,Z-Ugu, F2=ZAVA-.IOr
A. Are chere any places or oDjects llited oe ot ➢roposed for oaclonAl, scac• or lccal Oseae na-
tlon re=liceC• lcnovn co De or nen Lo t •S[*7 If w. 1e041sa117 de u r1De.
D. Generally descilbe ao7 laedsatki oc evldoncc ol hiscotic atc:►aeolosical, scleacSflc x culcural •
loportaace lm ovn co De o0 or ner[ co tSo site
• ~
•
C. ProDa. aaasuzes [o reduce or coacrol la➢aecs. if aay•
14. :,,A:.SP'OR:A-iOV .
• Iden[:.'Y publ:c screeci and Al;hvere serrlns the •lse •ad destslDe propoeed •ceeu ta the
ezLsc:ag stree: s7sco. SAorroo •!te pLas, !d any.
--Z'- 9,0 • ~O ~,s,~
~.r
b• I■ atte curFeat:y •-ttvrd ar puDllc craoaic! if noc, vlut is tl+e •ppro::sace discamer to t.L
asareat cr-sic •copi
~
C. flov aany parki;,a s9acso, vould C tompleted pro } tt hav+' 0ov LaT vould tfu profect ellsioats'
d. Vill che pcopo•a; reQuls• aoT oav road• or •cre.u . nr 1aDro.er.uan Co *slatiaa ro.E• or sci Kts
noc lncluding dri.Ova71+ Zt oo. jentsrally dosc:ib-s (ludicats wtw¢lrr pu611e es pcbvate).
• /~p 4Li~LGC ~i
e. 1111 ch• projec- use (or oc:ur Lo the Saedlata rielal q ol) -rCer, raSi, or air crseapottactao+
IG soi, ~yeral:7 dese:2k.
9
~ 5?OTJ1.IrL L`SPI1CtS!=q-.J3. 0111S:liliCi e ~
(vAC 197-11-960) S.ccioa 11.10.230(1) . ~ ~ ~ •
• b. LR7IeT0!!~T',,~, ~~5 (conclnwd)
L•aluaclon !or
AseocT Use Oa17
t Rov aany "hlculac crip• per ds7 vould be jsoersced D7 tAe complaced proJecc' If laovs.
1ndSca e vFr o k rauld octur.
g Troposed oaasure• to tcduca o[ coatrol csansporcacSco lsp+«S• 1f •ny:
1 " ~~/1 ~ ~ iI/ /
13. PU9tIC SEdVLCZS
A. 'lould the o ect re~ul[ 1 o~ad Eor puDllc •ar+ices (foc saspl~T_~T~*r~[Oet
7rc ocectlo a1cA csr icAooL~cl+~r)? If so. ieneta117 descriDe.
b PLOpo*ad eusures to rcduca ot coecrol dlract Sap&cco oo yuplle o-snlces, 1' •nl•
16 ~:Ii2-I°_5 ~
A. Clrc.e uc111C.es currcaLl Lble at c2u •![e: C-9-1c cctcilft. ~rtucal t-• wt Iu
9 ervlcs. (CFc!"-Fon-
lcary sev~e •eptic •ysco, otl+dr.
b. best:LDe the ut121[!cs Llut art proposed fot c2Le ytojact, tAa uclllc7 provldlas cM •etv:te aod
the ;ener~•~~ c ctioo ~ct1~j 1~~ t •lt-~- 0 /1 ~t. ia~di • c1a1t7 vhlcr ad=b~
nceded. - ~js ~ r L1.Lr~~ t.v!
C SICNA70-R.L
the uadersigned, ~veat uader the penalq ol pisjur7 tAac st+e •Do+e ruyoores are mad• trutl+lully aad to the best of ar lcnorledge. I also
uede[ataad ctic. 41ou1d Lfkre y+ any villtul aisrGpr4s~autioo or v111tu1 Lti oi [ull dlscloaare oo ay part, tAe aRene► s,aY vlChdrav •ny
deteraleuclon o( noesslrnlilc&Dc• t.Lt it diAt lo4w la tellaoca upoo CAte ctecklisc.
Dota : Tropoceoc ~ t N6,1:h.
ti~• vt..
lT1at or Tyye)
Proponer, • ~.f+..~ t Mdr•": DY ~ P..._
~ /f (Signacure)
/ l/
Phone° er',!57~^
Persoa conplecing for. a«'
/ `
~ 6 .
Y'+ona :
!OR S'•ATT OSL ONLT
Seatf ac-zbaz(u) rerlevi,ng eMcfi4lde:
Sased au ttile aenff rev-lav uf :1Q 4%, ntal cl+eetlisc •nd acrar ?ir:ieaac laloeaat:nu, cl+e eta::
A. ~ /Cantludes [Lc chere a proCaDl• signlfiuoc adverss lapacts aad recaeaeod• • d4cersle&cioo o: aoasigni!lunee.
v
B. Conciude• e.L c probable siVifieaac advsfia snvlteantatal la9Aets do e=lst tor the cuzraat ptopoa.l •nd reeooead• a o:;:=aced decer-
mtoacion of nonAita3tiunee vich coodltloon. ,
c Gurselude• thac cAsra •sa pcoEapl• sigaifiuec adwrse •nvirocsa4nt+1 ts9aets •nd racasaeode a d*centoat:oo o[ Slp:!teaaee.
l:LZNG 7XZ - f75•00
10
. ~ -
~ - • . - RECE VED
,
AU G 1; ' 1998
SPOKANE COUMY ENGINEER
,Y
1
S p O K ;V. C O U N T Y
BUILDING AND Pl_ANNiNG • A DMSION OF T'HE PUBI.IC WORKS DEPARTMFNT
JAMr.S C.. NlnNsc►N. C.E3.0.. Dir.rCrOK DchNIs ti1. ScOrr. P.E., ()iRrc-to!:
MrMORANDUM
TO: Spokane County Division of Engineering; Pat Harper, c!o Sandy Kimball
Spokane County Division of Utilities; Jim Red
Spokane Regional Health District; gteve Holderby
Spokane County Parks, Recreation & Fair; Steve Horobiowski
Stormwater Utility; Brenda Sims
Spokane County Div. of Engineering - Dev. Eng. Services; Bill Hemmings
Department of Transportation, Mark Rowher
Spokane Regional Transportation Council; Glen Miles
Spokane Transit Authority; Christine Fueston
Boundary Review Board; Susan Winchell
Long Range Planning Division; John Mercer
East Valley School District No. 361
Fire District No. 1
lrvin Water District No. 6
FROM: JoIln T'ederson, Scnior Planner
.
DATE: August 12, 1998
RE: ZE-9-98; Zone Reclassification from Urban Residential-3.5 (UR-3.5) to
Lirban Residential-22 (UR-22 j
,lttached is a copy of the above referenczd zone reclassilication application and site plan
submitted by Qualchan Investments, Inc. Tlie purpose of the zone reclassircation is to
correct a mapping error found in previous zone recllssification ZE-120-84 for the same
property. The proposed zone change will correct the mapping error and will not increase
the number of multiple family dwelling units (270) authorized by the nrevious zone
rcclassitication (ZE-120-84).
Due to the above factors, tlle Division of Building and Planning will not utilize the
1'echnical Review Meeting process and will issue a Determination of Completeness for
tlle application by August 21, 1998. I'lease review the proposal and forward your written
comments to me by Ausust 20, 1998.
If you have any quesiions, please cuiltact me at 477-3675, ext. 206.
Cc: Bryan Stone (no enclosures)
10216 WL57 I3KOAU4yA1 AVL'NU1: • SPuK,wr,WAst IINcroN 99260
Pt MNY. (509) 456-3675 • Fnx: (509) 4564703
TDD: (509) 324-3166
.
~ „ ~ .
SPOKANE COUNTY DIVISf4N OF BUiLDING AND PLANNING
ZONE RECLASSIFICATION APPLiCATION
PARTI
A. GENERAL INFORMATION
Legal Owner Qv-c-t--\ CJkA_c-A/*-_ T v- ve. iC_~ JISJ 0 ~ vx-C,.
Mailing Address S(d9 Dt vll_ SL 0
City 4? Po (e-a-~-i' State l.0 A Zip Code 9~ 2_,0 2
,
Phone ~f 5 6T - S 1I -77 (Work) (Home) Fax 0 3 0 ~O9 33
Applicant/Agent
v
Mailing Address • 1 D`'f ~~v i S i Q+~-
Ctity State l~ Ar Zip Code 9 9 2n 2.
.
Phone (Work) (Home) Fax
IF APPLICANT IS NOT OWNER, (NCLUDE WRIT7EN OWNER AUTHORIZATION FOR APPLICANT TO
SERVE AS REPRESENTATIVE
Project/proposal site area (acres or sq ft.) 2. • l 5 r~~~~S
Adjacent area owned or controiled (acres or sq ft.) t l2 • v9 a-~-~ •
Assessor's parcel numbers of projecUproposal `16- 102 O
Assessor's parcel numbers of adjacent area owned or controlled ys /O 2. 70 Street address of proposaf .
Existing zone classification(s) and date established 3. 5` 19412
Existing use of property
Proposed zontng Gl.12' Z 2
Comprehensive p{an category GLrA2n School district _,5~Q
~ p
Water purveyor Fire district
v
Proposed use of property-
Single family dwellings Duplexes Multifamily dwellings QQ
Manufactured homes ( ) Business ( } Industrial ( ) Mixed use ( )
Other ( ) - Describe
List previous planning division actions involving this nroperty S
4 L,Z
B. LEGALIZONE RCCLASSIFICATION (NFORMATION
Location of proposal .5 cDIP p~~~ L. q
Section 10 Township Z5- h Range ILf 1-( o.w tAA.
Name of public road(s) providing access ('.l.`.e_ c-r
Widtli of property fronting on public road ~ gpO ~
~ - i + S ' ` 4 1I
ZONE RECLASSIFICATION APPLICATION PAGE 2 Of 4
Does the proposal have access to an arterial or planned arterial? Yes No
Name(s) of arterial roads Pi v.,e--s - G v04-.c,e, -r y_
ta
Legal description of property for each zone reclassification proposed
6 2 (S - 2l3 r t-"D 6 C) c- oa-'r=, o F ~k wVLA o F
~
V1 WIlt--/ 6 o r c5 cSL
D F t.~ '44 v~ V\ t.-) 11,4 ~5x c° 4,-o4 ~ 7
e- fC~e-t~.4 5 2~ O~ o F S~~-~- ie-)-v~ I C7 ~ 5-`- t-I
Existing zone(s) t,1.. to proposed zone(s)
for the following described property.
Attach legal description stamped by land surveyor or provide below
If you do not hold title to the property, what is your interest in it?
.
What are the changed conditions of the area which you feel make this proposal warranted?
r Q,~A \~,6 gn I- -4-I ~ S w it!>
S G we--r 4,t- w e-A_ i S ►ti o w
What impact will the proposed zone reclassification have on the adjacent properties? nc~
~ ~SL~~~o•~a ~ ~ s ~ ~ ` 1n~ cz.~c9.~cS~ . s
w i ~<`O v-~ 0 d e-~ Sr,G-C-co
~ o e..1- c~,- ,p o- dt~ o- ee..~.~_--~
What factors support the zone reclass'tfication?
/.l/~~. ~s' ~s .zo a,~,oro~.'~ ~-o..~ c f~.ds
•
i
2 ~'X/
' ~
Gv~ ~-I~ ez-
vP~_ ~,r.~.. S , v
What measures do you propose to mitigate your proposal's impact on surrounding land use?
'Ot/
~
r~ ~,~C t'~v- ~tiui ~ ✓/~~O ~ 4_S~l~ C~9-+-c ~i~bT~-~
J ♦ r ,
~ . , „ ~
ZONE RECLASSIFICATION APPLICATION PAGE 3 of 4
PART I I
This section of the application will provide the Division of Building and Planning staff with written
verification that the appl►cant has had preliminary consultation with the agencies identified
Results of the preliminary consultation shall be incorporated in the proposal before final submittal
to the Division. FIRE MARSHALUFIRE DISTRICT
A. This proposal is within Fire Protection District No ~
B. Adequate arrangements (have) (have not) been made to meet our needs in providing for an
adequate water system and facilities for fire protection purposes.
C. Recommended fire flow T/37 ; or unable to calculate now because use is not
definitive; and will be determined at time of building permit application.
D Requirements inc4ude ~
4Fire V /~tCt}`{ ri(Lr' .1-t~'~ ~District ~S►~ff~tur1e/Ti tle Date
WATER PURVEYOR
A. Satisfactory arrangements for domestic water and fire flow requirements (have) have not)
been made. ` . ~
B. Requirements/comments
~
Water District Signature/Title Date
COl1NTY ENGINEER
A preliminary discussion has taken place and general requirements for roads and drainage have
been discussed with the applicant. ~
A Comments
Signature/Title Date
,
COUNTY UTILITIES
A preliminary discussion has taken place and general requirements for submittal of this proposal
(have) (have not) been satisfied. The designated water purveyor for this site is rrJ,Vjq
~
A Comments ~
QSignat /Title Date
REGIONAL HEALTH OIS7RICT
A preliminary discussion has taken place and general requirements for submittal of this proposal
(have) (have not) been satisfied
1 ~
A Comments u P(I~ L ~
S16~ ature/Title D6te%
SFWER PURVEYOR ~
~
A preliminary discussion has taken place and general requirements for the provision of public
sewer are understood by the applicant. A Comments ns
EJ C''r
~ sc_ .J r 7C2-
ignakur ITitle Date
, „ ~ ~ ~ •
ZONC RECLASSIFICATION APPLICATION PAGE 4 of 4
PARTIII 1~~'....' . '
~Y \~r,; ~ L' ~ , ~
• ,<<► • ''Z"~ ~ i'
SURVEYOR VERIFICATION
;~`t' i7~•~C
•
•
I, the undersigned, a licensed land surveyor, have compieted the information requested :ir tfie
zoning map and wntten legal description ~o teo~s,t,~p
'~J, ~••;~°CIST~~'".••.~~
Signed Date 712 Z~F, P ~
' L LAN~ S
Address 7a7 ~-v• Phone yo
12 08
City State w~ z i p
99
PART IV
SIGNATURE aF PROPERTY OWNEf2S OR LE7TER OF AUTHORIZATION ,
t
I, the undersigned, swear or affirm under penalty of perjury tat the above responses are made
trutlifully 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 action n his/her behalf.
Signed Z:r4~- ~ Date 7l2 o /fi~
f y
Address
S Phone .S v 1- Y.5`6- - 6-Y77
City State wi¢ Zip
.
Sig an tVA of appltcant or representative Date State of Washington )
) ss
County of Spokane )
cSigned and..-stivjR, 164 before me on this day of 19
by
- '\At
-
Notary,SaI ; ae
~
Public in and for the State of Wasliington residing
Notary
; 1, , 0~4
,stil► ?.21• at f~ll " •
~ ~
~ • ` 1
~
Ot vi~ My appointment expires
~
PART V
TO BE COMPLETED BY THE DIVISION OF BUILDING AND PLANNING
Date submitted File number
Date accepted By
ZvZt'
,
Total fees ,/t/A ,o.,ei L%,~i Rec ipt number A
f
VREI RE20f1E APPLKJ]+Y7
,
S P O K A N (D l J N T Y
'
OFFICE OF THE HEAR►NG EXAMINER M1CHAEL C. DE'.~lISEY, CHIEF EXAMINER
March 2, 1999
Bryan Stone
104 South Division
Spokane, WA 99202
RE: File 1:!o!. ZE-9-98, Re est for modification to decision
Dear Mr. Stone:
1 am in receipt of your facsimile letter dated March 1, 1999, requesting that my decision be
revised to allow the applicant to make minor modifications to the alignment of Cherry Street
extended as discussed at the public hearing.
I am reluctant to revise my written decision in the above matter, since you did not submit a
written request for reconsideration before my decision became final on Febniary 8, 1999. A
review of the record indicates that at the public hearing you requested having the ability to make
minor modifications to the alignment of Cherry Street extension as agreed to by County
Engineering, to avoid having another public hearing in the future. I responded that minor
modiiications regarding access should not be a problem. County Engineering did not respond ta
these comments.
My response at ihe hearing was not intended to convey the impression that I was going to
modify County Engineering's recommended conditions of approval for your rezone to authorize
minor alignments to the subject roadway. My response was based on Section 14.504.440, which
generally authorizes minor alterations to site development plans approved for rezone
applications, provided that the changes are not contrary to the conditions of approval of the
rezone, the density or intensity of the land use is not increased, and there are no significant
affects on adjacent land uses. From prior experience, I was aware that County Engineerina
routinely allows minor deviations to internal road alignments an a site development plan if they
do not have any material impacts. Building and Planning condition #2 for your rezone
authorizes minor site plan revisions in accordance with Section 14.504.040 of the Zoning Code.
CoLlnty Engineer's conditions imposed on your rezone do appear tied to a certain alignment
of Cherry Street. However, from discussing your letter briefly with County Engineennu, I
believe they will take the position that the conditions of approval allow minor adjustments to the
alignment of the subject roadway, as agreed to by the County Engineer. Perhaps a letter from
such agency confirming this is all you need to facilitate future development or transfer of the
property.
T?i1I21) FI.17()R Pi;HI_1t' Wt)RK5 BUI►.UING
102i, WtSr Bt:c,,%[»vnYAVEVUf:. Src)KAtiF, titiAti111NcT0ti 99260-0245
P}i()NF- (509) 32-14-1490 • FA\: (509) 324-3478 • TDD- (509) 324-3166
Bryan Stone
ZE-9-98
March 2, 1999
Page 2
Please be advised that the County Engineering conditions imposed on this rezone are the
same as stlll exist for the balance of the original site under the Hearing Examiner Committee's
1985 decision. If the County Engineering conditions re~arding the Cherry Street extension need
to be modified for this rezone, they would also have to be modified for development of the
balance of the original site. I have no authority whatsoever to modify the conditions of approval
for the balance of the onginal site.
County Engineering has indicated that they will contact you to discuss thls matter in hopes
that it can be resolved without any action by me. If both you and County Engineenng agree that
the conditions of approval need to be revised, I will consider revisiting the issue of
reconsideration.
Sincerely,
Michael C. Dempsey
Hearing Examiner
c Pat Harper and Scott Engelhard, Division of Engineering
John Pederson, Division of Building and Planninc,
k
~
,
S P O K A T-4 E O i_7' N T Y
STEVEN J TUCh'ER OFFICfi OF PROSECUTING ATTORNEY County - City Pubhc Safety Buildutg
PROSECUTING ATTORNEY 1100 W Mallon Avenue
Spokane, WA 99260-0270
(509) 477-3562 FAX. 477-3409
MEMORANDUIV.I
To: Wi_lliam Johns, Counfiy Engineer
Jim Manson, Director of Building & Code Enforcement
Michael Needham, Director of Cuirent Planning
From: Robert B. Binger, Deputy Prosecuting Attorney
Date: Ju1y 25, 2000 ,
Re: Qualchan Investments Spoka.ne, Inc. v. Spokane Countv
Superior Cou1-t Cause No. 00-2004221-8
The attached Complaint for Damages was filed by Qualchan Investinents relative to the
zonulg of certa.in property on Pines Road. An answer to the Complaint is due August 9,
2000. Would each of you have the appropriate sta.ff answer, deny or explain the factual
allegafi ons as they concern your division.
I would appreciate your responses by August 4, 2000. Please telephone me if you have any
questions.
. (.Y
O ~ O O 0
Crurunal Department Civil Department Fattuly Law Department Drug/Property Q:parcment Juvenile Dcpartment
County-City PubLc Safety Building 1115 W(3roadway ]]24 W Riverstde, Lower Level 2 721 N Jefferson 1208 W Mallon Avenue
1100 W Mallon Avenue Spokane, WA 99260-0270 Spokane, WA 99201 Spakane, WA 99260-0270 Spokanc, WA 99260-0270
Spokane, tiVA 99260-0270 (509) 477-5764 FAX 477-3672 (509) 477-2486 Fr1X 477-3410 (509) 477-6416 FAX 477-6450 (509) 477-6046 FAX 477-6444
(509) 477-3662 FAX 477-3409
,
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$TONE DEVEIOPMENT • 7TOU~r N'~RUkhrs
OVERf1LL S1TE PLAN TO REFLECI' ENT1RE PROIECT ONCE COMPLETED H GEnRr uNE
NO INCREASE !N DEtJSITY REQUESTED THRU TH[S RE•ZONE ~»~«<< I----c, ^yr
I 1.
PRIOR 20NE CHANIGE ZE-I?0-84 DONALb C NY9M9 ARAINfI
) ,
PLO7 PLAN IPRFI IM
Parcel 45102 9011
Owner: QUALCHAN INVESTMENTS SPO INC
W ! I( I IDiIL~~~ I IlYNJ~1~ I ~l~il~~~l
IJ ~lx nW 1111111 ~ 1114 JIIl
I
CoOwner: % JOHN STONE ~~114 t, ~111~
~~~,.,a~~
OWII@f IQddfBSS
104 S DIVISION ST SPOKANE WA 99202-1511
__Eudlid
1 41,44ild4I i~"1
~ ~ ' ~tonii~~ I 1
Site Address „n,,, , LV
„s~~
ADDRESS UNKUOWN SPO
~ 1An in nir
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Legal Description i mu
10-25-44 S26 213RODS OF W60RODS OF NW114 OF NW114 & N13 rn$~-~ ~~L• 1~r"` ~tl~fi
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'
113RODS OF W60RODS OF SW114 OF NW114 EXC CO RDS ~ n,;~~ ~~.Yi""' ~``^t ~
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