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ZE-0036A-96 ~ RECEIVED SPOKANE COUNTY HEARING EXAM[INER APR 29 1999 SPOKANE COUNTY ENGlIR RE: Rezone from the UR-3.5 Zone to the ) UR-22 Zone, Change of Conditions in ) the UR-22 Zone, and Request for ) FINDINGS OF FACT, Bonus Density in the tTK-22 Zone; ) CONCLUSIONS OF LAW, Applicant: Arger Capital Corporation ) AND DECISION File Nos. ZE-21-98, ZE-88B-80 and ) ZE-36B-96 ) 1. SUMMARY OF PROPOSAL AND DECISION Proposal: Application for the rezone of 2.2 acres of land from the Urban RPsidential-3.5 (UR-3.5) zone to the Urban Residential-22 (LJR-22) zone, application for a change of conditions to zone reclassifications on 5.88 acres in the UR-22 zone, and application for 36 units of bonus density in the UR-22 zone; all for development of 205 units of retirement housing on a combined site of 8.08 acres. Decisioa: Approval for 195 units of retirement housing, includiiig no more than 155 independent living units (retirement or elderly apartments), with the remaining units being assisted living units convalescent home" or "nursing home"). The project is also subject to tIle hei~ht restrictic~ns illustrated on the site plan of record, except that a 50-foot height is alluwed for st:-uctures in phase I of the project. Other conditions of approval are also applicable. II. BACKGROUND/FINDINGS OF' F'ACT A. Geoeral Information : Applicant: Arger Capital C:orporation, 300 North Mullan Road, 4204, Spokane, WA 99206 Site Owners: (1) Assessor's parcel nos. 45221.9111 and .9112- Gardon Finch, 5$06 North Vista Lane, Spokane, WA, 99212, and 9102 East Columbia Drive, Spokane, WA, 99212; (2) Assessor's parcel no. 45221.9200-Arger Capital Corporation (see above address); (3) Assessor's parcel no. 45221.9217-Dayton Hudson Corporation, 777 Nicollet IV1a11, Minneapolis, MN, 55402-2055; and (4) Assessor's parcel nos. 45221.9015 and .9016-Janna Jorgensen, 13705 East Fourth Avenue, Spokane, WA, 99216. flrger Capital Coiporation has an option to purchase parcel nos. 45221.9015, .9016, .9111, .91 12 and .9217 Address: None assigned. Location: Generally located at the northwest corner of the intersection of Fourth Avenue and Evergreen Road, in the NE '/4 of Section 22, Township 25 North, Range 44 EW11,i, Spokane County, Washington. HE Findincys, Conclusions and Decision Z.E-21-98 Page 1 ~ • , . Zoning: The tax parcels making up the site are zoned UR-225 except for Assessor's parcel nos. 45221.9015 and 45221.9016, which are zoned UR-3.5. The site is also located within the Aquifer Sensitive Overlay zone and the Public Transit Benefit Area designated by the County Zoning Code. Comprehensive Plan Category: Urban category. The site is also located in the Aquifer Sensitive Area, Priority Sewer Service Area and Urban Impact Area designated by the Plan. Growth Management Act: The site is located within the interim urban growth area boundaries designated by Spokane County pursuant to the State Growth Management Act. Environmental Review: A Determination of Nonsignificance was issued on February 12, 1999 by the Division of Building and Planning. Site Description: The site is approximately 8.08 acres in size, is generally flat and has a slight incline in slope from south to north. The property consists of an undeveloped field, except for 2 single-family homes respectively located on the northeast and southwest corners. A barbed wire fence is found along portions of the site. Surrounding Conditions: The Spokane County Arterial Road Plan designates Fourth Avenue as a 70-foot wide Collector Arterial, Evergreen Road as a 100-foot wide Principal Arterial, McDonald Road as a Minor Arterial, and Sprague Avenue as a Principal Arterial. Evergreen Road adjacent to and south of the site is cunrently a 2-lane paved road within a 50-foot right of way; and lacks curb, sidewalk and street lighting. Between the site and Sprague Avenue to the north, Evergreen Road exists as a 5-lane paved road with center turn lane. Fourth Avenue in the vicinity is a 2-lane paved road within a 40-foot right of way; and lacks curb, sidewalk and street lighting. Third Avenue, a Local Access road, terminates in a cul-de-sac at the west border of the northerly half of the site. McDonald Road lies about one-third (1/3) mile to the west. Sprague Avenue is located about 460 feet to the north, and comprises a major traffic and commercial corridor throligh the Spokane Valley area. All but 165 feet of the site abuts a 100-foot wide abandoned railroad right of way on the north, which has been dedicated to Spokane County. A 165-foot by 100-foot parcel of County general property lies between the site and the abandoned railroad right of way, bounded by the site on three sides. The County Arterial Road Plan designates a future, limited access Principal Arterial within the abandoned right of way, as it extends from east to west through the Spokane Valley area. The County has installed a public sewer interceptor in the abandoned right of way. A new freeway interchange is being planned at Evergreen Road and Interstate 90 to the north, to facilitate access to a new regional shopping maIl and other commercial development north of I- 90. Spokane County is seeking funding to improve Evergreen Road between I-90 and Fourth Avenue within a few years. This would include installation of a 3-lane Principal ArteriaI road section, including center turn lane, adjacent to the site. Intensive commercial development is found along Sprague Avenue to the north. The abandoned right of way generally divides intensive commercial zoning/uses and the Major Commercial ~ category of the Comprehensive Plan to the north, from residential zonin.g/uses and the Urban category to the south. However, a boat and recreational vehicle storage yard zoned Regional Business (B-3) lies across Evergreen Road from the site, between Third Avenue and the HE Findings, Conclusions and Decision ZE-21-98 Page 2 . , ♦ . abandoned railroad right of way. The abandoned railroad right of way north of the site and the parcel of County general property are undeveloped and zoned UR-3.5. A relatively new retail store (Target) is found at the southwest corner of Evergreen and Sprague Avenue, and a new grocery store (Safeway) and other retail uses are found at the southeast corner of such arterials. The nearest county park is located about a mile south of the site, near Evergreen Road and 24`n Avenue. Land uses to the west, east and south are primarily one-story, single-family residences developed at urban densities on land zoned UR-3.5. The nearest multi-family housing is found along the west side of McDonald Road north of Fourth Avenue. In 1995, a conditional use permit for a home industry (dance studio) was approved in association with an existing single-family residence on a lot located directly southwest of the site, across Fourth Avenue (File No. CLTE-22- 95). Mamer Road, between Fourth Avenue and Fifth Avenue, was vacated across from the site a number of years ago. Keystone Elementary School is found at the southwest corner of McDonald Road and Fourth Avenue Land Use History of Site: In 1981, the easterly 305 feet of the current site was rezoned from the Agricultw-al (A) zone to the Multiple Family Suburban (MFS) zone, pursuant to the now expired Spokane County Zoning Ordinance. Such approval was subject to the submittal of a detailed site plan and landscape plan for review and approval at a public hearing. See Hearing Examiner Committee Findings and Order dated 10-14-81, in File No. ZE-88--80. Effective January 1, 1991, the zoning of such land "crossed-over" to the UR-22 zone, purstiant to the Program to Implement the Spokane County Zoning Code. The conditions of approval attached to the rezone continued to apply to the site after the cross-over. See County Resolution Na. 85- 0900, Program to Implement, Z,one Classification Transition Uuide, p. 4. In December, 1996, the liearing Examiner approved a rezone from the UR-3.5 zone to tlic UR-22 zone, for 165 feet of the current site lying immediately west of the land rezoned in r'ile No. ZE-88-80. The current applicant initially requested cievelopment of 40 multifamily dwelling units of elderly housing on such land, including a request for 1 unit of bonus density. The Examiner's decision denied the request for bonus density, restricted development of such land to 34 multifamily dwelling units and limited building heights on such land to 35 feet. See Hearing Examiner fina] decision in File No. ZE-36-96. In August, 1998, the Hearing Examiner approved a change of conditions requested by the current applicant in the UR-22 zone, for the combined 5.88 acres involved in Fiie Nos. ZE-88A-80 and ZE-36A-.96. The approval allowed development of 136 multi-family dwelling units of retirement housing on such acreage, including 15 units of bonus density. Building heig,hts were limited to 35 feet for the westerly 165 feet of such site, and to 45 feet on the easterly 305 feet. The Examiner also preserved the applicant's option to develop the portion of the site involved in File No. ZE-36-96 according to the terms of the 1996 rezone approved by the Examiner. The westerly 165 feet of the current site were subsequently acquired by the applicant through an option agreement. Prior to the cross-over zoning of this portion of the site in 1991 to the UR-3.5 zone, the westerly 330 feet of the site were zoned Agricultural under the County Zoning Ordinance. HE Findings, Conclusions and Decision ZE-21-98 Page 3 t , ~ . . Prosect Description: The applicant requests a rezone of the westerly 2.2 acres of the site to the UR-22 2one, and a change of conditions for the easterly 5.88 acres to modify the site plan and conditions approved in File Nos. ZE-88A-80 and ZE-36A-96. The project proposes development of a 205-unit retirement facility on a combined site of 8.08 acres, with both "independent living" and "assisted living" units. The applicant has requested bonus density in the UR-22 zone of 36 multi-family dwelling units, assuming a11205 units in the complex are regarded as multi-family dwelling units. The site plan of record dated January 45 1999 illustrates a total of 16 buildings, including 6 triplex buildings, a retirement complex, 7 garages and 2 carports. Laiidscaped areas are planned throughout the site. A circular driveway is illustrated at the main entrance to the site along Evergreen Road, and a secondary entrance is illustrated along Fourth Avenue. Each triplex unit would have a single-car garage, with 12 additional car spaces available to serve the 6 triplexes proposed. Ttie retirement complex would bP served by 47 garage spaces, 4 carport spaces and 132 car spaces. A total of 213 parking spaces would be provided in the project, including 3 guest stalls and 3 recreational vehicle stalls associated with the triplex buildings. The existing buildings on the site would be demolished to allow development of the project, although the home on the southwest corner of the site would remain as long as the current resident lives there. The site plan of record illusfirates development of the site in 5 phases. Phase I would develop approximately 84 "retirement apartments" on the easterly 5.88 acres of the site, along with a center containing a lobby and dining, kitchen and recreational facilities. The second phase would develop approximately 63 retirement apartments on the easterly 5.88 acres of the site, southerly and attached to the phase I center. The si:e plan lists the height of the phase I and Il buildings as 45 feet. The third phase would develop anproximately 40 "assisted living" units on the westerly 165 feet of the easterly 5.88 acres of the site, conriecting to the center developed in phase I. The phase III building is shown as 35 feet in height. The fourth and final phase would develop 18 "independent living" living units in 6 triplex buildiiigs, at a height of 24 feet. Prior to the public hearing, the applicant requested that a maximum building height of SU feet be authorized for all but the assisted living and triplex stnictures, to allow greater flexibility for structural design. See letter dated 2-23-99 from Gregory Arger. County Engineering conditions of approual request the applicant to dedicate right of way equaling 2.5 feet along Fourth Avenue, 25 feet along Evergreen Road and an increased turning radius at the intersection of Fourth and EvergrPen. The net acreage of the site after such dedication of right of way is approximately 7.71 acres. An additional future acquisition area of 12.5 feet along Fourth Avenue is also a requirement. The applicant would be ;equired to improve Fourth Avenue by adding 8.5 feet of asphalt, and install curb and sidewalk. The proj ect would be served by public sewer and water, arid underground utilities. The site plan illustrates a flanking street yiird setback from Fourth Avenue of 25 feet for the most southerly triplex and garage buildings in the project, measured from the future acquisition area. This setback increases to approximately 132 feet for the phase III assisted living facility, and ; ranges from approximately 115.5 to 127.5 feet for the phase II retirement apartments. A front yard setback ranging between 78-163 feet is shown for the retirement complex proposed along Evergreen Road. The triplexes are illustrated 15 feet from the west property line. The site plan of record illustrates 20 feet of Type III landscapiti~ along the various road ri~ht of ways. Five (5) HE Findin~s, Conclusions and Decision ZE-21-95 Pa~e 4 feet of Type III landscaping and a 6-foot high sight-obscuring fence are illustrated along the north and west borders, and adjacent to the parceI of County general property. B. Procedural information: Applicable Zoning Regulations: Spokane County Zoning Code Section 14.504.040, and Chapters 14.622 and 14.820. Hearing Date and Location: March 3, 1999, Spokane County Public Works Building, Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA. Notices: Mailed: January 29, 1999 Posted: February 12, 1999 Published: February 12, 1999 Compliance: The legal requirements for public notice have been met. Site Visit: Before and after puhlic hearings. Hearing Procedure: Pursuant to County Resolution Nos. 96-0171 and 96-0294 Testimony: Francine Shaw Scott Engelhard Division of Building and Planning Division of Engineering and Roads 1026 West Broadway 1026 West Broadway Spokane, WA 99260-0240 Spokane, WA 99260 Prokey Arger and Gregory Arger Roy Wyati 300 North Mullan Road 2510 North Pines Ruad Spokane, WA 99206 Spokane, WA 99206 Susan Mathis Karen Cone 13614 East 3' Avenue 13620 East 3'dAvenue Spokane, WA 99216 Spokane, WA 99216 Neil Francom Geraldine Riggs 404 South Evergreen 12112 East 38" Avenue Spokane, WA 99216 Spokane, WA 99206 Ann Winkler 707 West 7" Avenue, Suite 200 Spokane, WA 99204 Items Noticed: Spokane County Comprehensive Plan, County Zoning Code, County Code, County Arterial Road Plan Maps, and County Standards for Road and Sewer Construction. County Resolution Nos. 97-0321 (adopting interim development regulations for County ILJGAs), 97-0134 (establishing NGA boundaries), 96-0171 (Hearing Examiner Ordinance) and 96-0294 (Hearing Examiner Rules of Procedure), and 85-0900 (adopting Zoning Code and Program to Implement Zoning Code). County Zoning Adjustor Findings of Fact, Conclusions and Decision dated 12-28-95, in File No. CUE-22-95; Hearing Examiner Committee Findinas and Order dated HE Findings, Conclusions and Decision ZE-21-98 Pacre 5 10-14-81, in File No. ZE-88-80; Hearing Examiner Findings of Fact, Conclusions and Decision dated 12-17-98, in File No. ZE-36-96; Hearing Examiner Order Correcting Clerical Error in Decision dated 12-15-96, in File No. ZE-36-96; and Hearing Examiner Findings of Fact, Conclusions and Decision dated 8-25-98 in File Nos. ZE-88A-80 and ZE-36A-96. Items in Record: The record includes the project files for File Nos. ZE-21-98, ZE-36B-96 and ZE-88B-80; the documents submitted at the public hearing; the items taken notice of by the Examiner; and the site plans of record in File Nos. ZE-36-96, ZE-36A-96 and ZE-88A-80. III. LAND USE ANALYSIS/ FINDINGS OF FACT AND CONCLUSIONS OF LAW A. ADDroval criteria The project involves a rezone, a change of conditions application and an application for bonus density in the UR-22 zone. The County Hearing Examiner Ordinance authorizes the Hearing F,xaminer to grant, deny or grant with such conditions, modifications and restrictions as the Examiner finds necessary to make a land use application compatible with the Spokane County Generalized Comprehensive Plan and applicable development regulations. See County Resolution No. 96-01715 Attach.ment "A", paragraphs 7(d) and sectian 11; and RCW 36.70.970. Such regulations include without limitation the Spokane County Zoning Code, thP State Environmental Policy Act (SEPA) and th~ County's Local F,nvirorunental 4i•dinance (chapte; 11.10 of the Spokane County Code). In considering a rezone applicatioii, 'JVashington case law generaliy provides that 1) there is no presumption in favor of the rezone, 2) ttie applicant tor the rezone must provc: that cvnditions have substantially changed in the area sirice the last zoning of the property, and 3) the rezone proposal must bear a substantial relationship to the public health, safety or welfare. Purkridge v. Seattle, 98 Wn. 2d 454, 462 (1978); and Bjnrnson v. KitsaQ Coccnty, 78 Wn. App. 840 (1995). Deviation from a comprehensive plan does not necessat-ily render a rezone illegal. The comprehensive plan is considered as a general blueprint for land use regulation, and only general conformance with a comprehensive plan is required to approve a rezone. See Citizens for Mozcnt Vernon v. City of Motint Vernon, 133 Wn.2d 861, 873 (1997); Cathcaf•t v. Sjiohomish County, 96 Wn.2d 201, 211-12 (1981); and Bassani v. County Commissioners, 70 Wn. App. 389 (1993). Also see RCW 36.70.340 and RCW 36.70.020 (11). Where a comprehensive plan conflicts with zoning regulations, the provisions of the zoniria code will usually be construed to prevail. See Weyerhaeuser v. Pierce County, 124 Wn.2d 26, 43 (1994); CougarlvIt. Assocs. v. King Cvunty, 111 Wn.2d 742, 755-57 (1988); and Nagataiii Bros. v. Commissioners, 108 Wn.2d 477, 480 (1987). Sectioil 14.402.020 of the Zoning Code authorizes amendments to the Code based on any one of six (6) grounds, without differentiating behveen amendmetits to the zoning text of the code and amendments to the official zonina map. The relevant criteria ior review of a site specific rezone are found in Zoning Code 14.402.020 (1), which authorizes the Code to be amended if it is "...consistent with the Comprehensive Plan and is not detrimental to the public welfare...", and in Zoning Code 14.402.010 (2), which authorizes a Code amendment where a ..[c]hange in economic, technological, or land use conditions has occurred to warrant modification of this Code...". HE Findings, Conclusions and Decision ZE-21-98 Page 6 Zoning Code 14.504.040 requires that applications for significant changes to the site development plan approved for a prior rezone, or for changes to the conditions of approval for a prior rezone reclassification, be approved by the Hearing Body following a public hearing. Since a change of conditions application modifies a prior rezone action, the criteria for approving a rezone is generally applicable. A change of conditions is, nevertheless, not a rezone, because it does not change the actual zone of the property. Bonus density allowance in the UR-22 zone is controlled by Zoning Code Chapter 14.820, which authorizes higher residential densities than otherwise allowed in the UR-22 zone for housing served by public sewer; provided such higher density is not detrimental to the general purpose of the bonus density allowance and is not otherwise harmful to the public health, safety and welfare. Zoning Code 14.100.104 provides that the Code shall be interpreted to carry out and implement the purpose and intent of the Comprehensive Plan, and the general plans for physical development adopted by the Board of County Commissioners. Zoning Code 14.100.106 states that when the Zoning Code conflicts with the Comprehensive Plan, or other adopted plans and regulations of the County or other regulatory agencies, the more restrictive provisions shall govern to the extent legally permissible and the Zoning Code provisions will be met as a minimum. The Comprehensive Plan itself indicates that it should be used as a reference source aiid gtiide for making land use decisions. Comprehensive Plan, p. 2. The applicable "decision guidelines" set forth in the Plan are to be used in determinin~ whether a particular proposal should be approved, conditioned or denied. Spokane County has designated the policies of the Comprehensive Plan as policies that may be used to condition or deny land use actions under SEPA and the County's Local Environmental Ordinance. Spokane County Code (SCC) 11.10.160 (4). Local SEPA policies are also deemed to include the County Zoning Code, County Code, County Road Standards, County Stormwater Guidelines, recommendations received from County departments and other public agencies on land use actions, studies performed on a land use action voluntarily or at the request of a County department, and numerous other regulations and policies. See SCC Chapter 11.10. B. The nroDOSed rezone. chanp-e of conditions and bonus densitv request, as conditioned, izenerallv conforms with the Comnrehensive Plan; bears a substantial relationship to and will not he detrimental to the t)ublic health, safetv and welfare; and complies with the Spokane Countv Zoning Code and other anolicable develonment regulations. 1. Amflicable Comnrehensive Plan oolicies The proposal is designated in the Urban category of the Comprehensive Plan. The Urban category is intended to provide the opportunity for a"citylike" environment, which includes various land uses, residential development and a high level of public facilities and urban services. It is primarily a residential category of single-family, two-family, multi-family, and condominium buildings along with neighborhood commercial, light industrial, and public and recreational facilities. HE Findings, Conclusions and Decision ZE-21-98 Paue 7 . " The Urban category recommends a residential net density range of 1 to 17 units per acre. The more intensive uses in the Urban category, such as light industrial and neighborhood , commercial, are expected to be located near or along the heavily traveled streets. The least intensive single-family residential uses should be isolated from the noise and heavy traffic, while multifamily structures will usually be a transitional use located between single-family residential and the more intensive areas. See Comprehensive Plan, Section 1, "Purpose" and "Detailed Definition". The Urban categoiy includes tlle following relevant goals, abjectives anci decision guidelines: Goal l. l Encottrage u variety of housirig types and densities. Objective l.l.a Promote fill-in within established devetvprnejit areas ajicl e.tisting oictlying communities where utilities, arterials, schvols and conununity facilities Iiave alreadv been estcrblished. Decision Guideline 1.1.1 Urbun developrnent tivill be approved in areas havittg adeqatate power supplies, water, sanitury and storm setivers, str-eets, and school and fire services, provicled tlzat such development meets the intent of other Objec.~tlves and Decision Guidelines of this sectiorr. Objective I.l.b fligher-density developments sirch :is multi family aiid mobile homes (ma;iufactured homes) parks ,snould be located with direct or near access to the major arlerial systerrts rathet• than on intErtor jreighhorhood streets. Access to pzrbic lrunsportation should also be considered. Objective l. l.c fVhen multifamily dwelliflgs are to be loc:atECl adjacent to single family arens, care,ful cnnsideration micst be given to the density and designs of the mirltiple family develnpmejit so as to ensicre protectioii of the amenities of t17e single familv area. Decision Guidelirie 1.1.2 Base tiet clensiry for sijigle family dtivelling areas and for niirltifamily dwellijig rrreas muy be iricreased throrcgh boiiirs options, bojius denslties, zero lot liires or sirnilar metliods wheii meeting the fill-in criteria. Decision Guidelirre 1.1.3 Airaulttfclmily dtivelling structrcre erceedifrg three (3) resideiitial tiiiits or a developrnent of strch stntcttrres or majttrfacttrred Iiornes (e.rcepr those on single Jamily lots) shotrld: a) locate adjacent designated arterials; b) locate near existing or planned public transit routes; c) improve or maifttain the coiisistency vf udjacent single famity amenities. HE Finciings, Conclusioiis ancl Decision ZE-21-98 Page 8 Decisioii Guideline 1.1.4 A variety of densities atid residential uses shoaclcl be available to provide a freedom of choice to live in Urban areas W11h VQl yl)Ig CI81IS111G'S, combinations, or mix of uses (see detailed Urban definitions). Decision Gtrideline 1.1.6 Development utilizing construction methods, site plaiiiiing and/or landscaping methods which are considered itinovative should be approved if the intent of Plan Objectives or Decision Giridelines is maintaiiied. Objective 1.2.a Stipport increased clirster developmeilt providing for opejt spaces with the development. Objective I.Z.b Ensicre adequate open space, recreational facilities and parl;s for r-esidential development. Decisiorr Guideline 1.2.1 Clcrster development pj-oposals may be approved when such proposals are compatible with nearby development aiid when the overall defined Urban density on the proposal site is not exceeded. Decision Glcideline 1.2.2 The need for recreation and open .space created by re.side~:tial developments should be rrret and be in conformance with ordifrances, plans and policies prior to residential development approval. Decisioft Girideline I.Z.? The neetl for recreatioti ai1d open space created I by f-esidential developments should be rriet and be in conformance with orclinanees, plans, and policies prior to residential development approval. Decisiorr Gtrideline 1.3.3 All Urbari development proposals should reqriire piiblic sanitary and storm sewer systems or interim sewer systems to protect water quality. Goal 1.5 Encourage a healthful ay1d pleasing environment in the Coturtv's resiclential areas. Objective l.5.a New residential or multiple fam.ily should be bttffered from existing crdjacent land uses where adverse effects may develop. Decision Guideline l..i. l Buffering anrl/or landscaping will be acsed to niitigate the differejices between proposed developments atid eristing icse.s. Decisioii Guldeline 1.5.2 Lattdscaping may be required tv pr-ovide a healthf cl and pleasing residential environment. Decisioti Guideline 1.5. 4 Sidewalk facilities will be required along aj-terials connecting residential areas with community facilities and/or commercial areas. HE Findin;s, Conclusions and Decision ZE-21-98 Page 9 Objective l.S.d Residential areas should be discouraged tivithin ltigh fioise level zofies such as in the vicinity of airports, railroads and f -eelvays. Objective 1.5. e Wlieji a neighborhood experiences pressrn-e for change cn character, such change shall be permitted upon appropriate review. Objective 1. S.f Consider the pj-ofile, especially height, of the existing fieiglzborhood tivjien evaliratiiig nitrltrfamily developmeiits. Objective 1.5.g I)1 lflQlly IIISICIJICES, mobile hoiries and mtcltifamily developmefit may be appropriate to renew residential areas. Decisioji GLCideline 1.5.7 Before approving any multifuntily hotssii:g or nranicfacttired home developmejit proposals, it shoulrl be determined thar szccli development will enhance the residential character or aestjietics, ol- will improve residential values of the area. Objective 1. S. 8 PTrheji determiyzing whether a proposal tivill chanae tlre e.xisting land use character of an area, factors to considei- may inclr.cde: a) the structicre height of the proposal in relation to structure heiglit of nearby struct<<res, and b) whetlier new structur'BS WIII hRVP Qp0SIlIVG' Or I1egQl1VE 1111pQC1 acpon the neighborhood's architectural cl2af-acter. Decisiort Guideline 1.6.1 Before lattd use proposals ure approved thev shozcld: a) conform to plans, policies and regirtalions of C'oicnty water, sewer; storm sewer, trtility ajtd special service districts; b) CO)Iform to Cotctity tra»sportntion plans and policies; ajtd c) identifv and take steps to resolve significant adverse impacts i.epon existing utilities, (i.e. water, sanltcrry and storm sewers, Iltllltv, available and futzrre energy resources), and traffre systents. The property is also located within ttie Urban Impact Area (UTA) designated iri the Comprehensive Plan. See Comprehensive Plan, Section 14. This is an area where growth, development and higher intensities of land use are encouraged. Comprehensive Plan, Objective 14.1.a. Traditional urban problems such as incompatible land uses, environmental pollution and traffic congestion are to be managed with greater attention to the general public's well-being inside the UTA. Comprehensive Plan, Objective 14.1.e. The Transportation section of the Comprehensive Plan contains the Gounty Arterial Road Plan and numerous policies relating to development and use of county arterial and local access roads. Comprehensive Plan, Section 21. The Arterial Road Plan describes various classes of arterials, with the remaining county roads considered Local Access roads. The Arterial Road Plan lists design criteria applicable to each road classification. HE Fiildinys, Concllisions and Decision 7..E-21-98 Page 10 The Arterial Road Plan characterizes a Principal Arterial (without controlled access) as a 4 or more lane (including turning lane), moderately fast facility designed to permit relatively unimpeded traffic flow between major traffic generators, such as the central business district, major shopping centers, major employment districts, etc. Principal Arterials are considered the framework road system for the urbanized portion of the county, and are to be located on community and neighborhood boundaries. The desired right of way width for a 4-lane Principal Arterial under the Arterial Road Plan is 100 feet, with a minimum roadway width of 63 feet prescribed between curbs. Common features along such arterials include pedestrian crosswalks at signalized intersections, restricted parking, landscaping, drainage, street-lighting and separated sidewalks. See Comprehensive Plan, p. 246-247, 253-254 and Figure 21-4. The Arterial Road Plan recommends the early acquisition of the prescribed right of width for Principal Arterials, though actual road construction within such right of way may be accomplished in phases over time. Comprehensive Plan, p. 253. Decision Guideline 21.1.3 of the Transportation Section encourages land use approvals to contain provisions for extensions, alignments and adequate right of way acquisition for designated County Arterials. The Transportation section encourages an adequate, efficient, safe, economical and energy-conserving arterial system; which provides convenient access to homes, employment, shopping, personal business and recreation. Decision Guideline 21.4.2. Decision Guidelines 21.4.5 and 21.5.7 recommend that the function of existing and future arterials be preserved by controlling land uses, parking and direct access along the arterials. Decision Guideline 21.5.11 encourages pedestrian facilities to enhance the safety and convenience of pedestrian travel and to provide access to neighborhood facilities. Decision Guideline 21.5.3 encourages land use planning that will minimize ttie need for high capacity transportation corridors and encourages land uses in areas that can take advantage of the available capacity of existing arterial streets. The Transportation policies of the Comprehensive Plan are implemented primarily through the Spokane County Standards for Road and Sewer Construction adopted by the County. Tlle Road Standards authorize the County Division of Engineering and Road to adopt certain fiinctional classifications for designated arterials and local access roads, and speci fy design standards and improvement criteria for such road classifications. 2. Consistencv with Comprehensive Plan, development reo-,Lilations and public welfare. There are four residential zoning classifications which implement the Urban category. The least intensive is the Urban Residential-3.5 (UR-3.5) zone, which allows densities up to 3.5 dwelling units per acre (unless a PUD Overlay zone is requested). The westerly 2.2 acres of the site and t11e residential housing in the vicinity are currently zoned UR-3.5. The easterly 5.88 acres of the site is currently zoned UR-22, a zone which specifically implements the Urban category of the Comprehensive Plan. The purpose and intent of the UR-22 zone is set forth in Zoning Code 14.622.100, as follows: The purpose of the UR-22 zorre is to set standards for the orderly developmejit of residential property in a manner llrat provrdes a desirable IIVUIe, eliVll-onmejit that is compatible with surroinidirrg land trses and QSSI[!-es tlie protectioti of property vulcres. It is iiitejided that this zvrie be 1-iE Findinu-s, Conclusions and Decision ZE-21-95 Page l 1 Lcsed to add to the variety of hotrsittg types ujid as an imnlementatiori tool fol- the Comprehensive Plaii Urban Categorv clerrsities. General characteristics of these areas include paved rouds, public sewer and water, accessibility to schools and libraries, and a full line of public services including tnanned fire protection and picblic transit ac.cessibility. Offices af-e permitted in the UR-22 zone in order to provirle some of the service needs generated by high- intensity land uses. The hi_ghest densitv residential zone, UR-22, is intended primarilv for mtrltinle-familv dwellinzs and is usuallv located adiacent to maior or secondarv arterials. It is tised as a transition between !ow or meditcm densitv ntultiDle-familv irses and intefisive commerCIC1I Or low iritensitv industrial uses and to provide ror higher densitv housing in locations close to emplovment, shvpDin.g and major transportation where moverrients of DeoDle can be hattclled eff cientlv aizd with least overall a(lverse imnact. [emphasis added]. ~ The applicant seeks to develop 205 units of "retirement" housing. The Staff Report and the applicant's letter dated February 23, 1999 indicate that the project will include 165 "independent living" units and 40 "assisted living" units. The trafFc analysis submitted by the applicant's engineering coilsultant indicates that the project will include 40-50 assisted living linits and 155- 165 independent living units. To determine the poteiitial traffic impacts from the project, the traffic analysis assumes that at least 40 units will Le assisted livilig, which housing typically generates less traf'fic than independent living units. See letter dated 2-22-99 from Inland Pacific Engineering, Inc. The site plan of record indicates the various types of housing proposed for the site, but does not break down the relative number of assisted living units and indeper►dent living units. At the public hearing, the applicant requesteci that it be allowed flex:bility in designating units as either assisted living or independent livin;, depending on the market; while offering to keep the building "footprint" constant. See testimony of Prokey Arger and Greg Arger. Ho~.vever, based on the traffic study, the site plan and the applicant's written representations leading up to the hearing, the project mtisi be viewed as having at least 40 assisted livini, tinits, with 165 or fewer "independent living" tinits. A"multi-family dwelling" is defined as a building designed for occ;t,pancy by 3 or more families living independently of each other within 3 or more dwelling units. See Zoning Code 14.300.100, definitions of "dwelling, multi-family", "dwelling unit" and "dwelling". The Zoning Code defines a"retirement/elderly apartment" use as a"... multi-family dweiling design.ed for individuals and couples who are retired frum active employment sErvice, and who are not medicaily dependent upon other individtials'". Zonii;g Code 14.a00.1 00 a"convalescent home" is defined by Zoning Code 14.300.100 as follows: .4 residential facility licerrsecl by 11:e S1ccte or Cotenty to provide special care and sLCpervision to cotivalescents, iitvalirls, and/or uged persoits, brrt tivhere no persons are kept who stcfferfronr inental sic-ness or disense ot- pliVSiCaI disOrder or ailment tivh1Ch lS 3101-mallv treated witlzin sarritarircros HE Findin~zzs, COTlCIl1510I1S aI1Cl UCC1SlOI7 "LE-21-9Q rGze 12 oi- hospitals. Special care in such a facility inclirdes, but is iiot limiterl to, rizcrsing, feeding, recreation, boarding and other personal services. A"nursing home" is a similar use, but provides care to persons who are medically dependent on others. See definition of "nursing home" in Zoning Code 14.300.100. A"convalescent home" as well as a"nursing home" are not considered to be multi-family dwellings. See Zoning Code 14.300.100, definition of "dwelling, multi-family" The proposed assisted living facility appears to meet the definition of a"convalescent home", since it is required to be licensed by the State, provides a fairly high level of personal care including nursing services, and the units in the facility have no kitchens. See testirriony of Gregory and Prokey Arger. It may also meet the definition of "nursing home", but this is less clear. While personal services will also be available to the "independent living" residents, they will not be provided at the same level as the assisted living units. The independent living units are also self-contained, with a kitchen and other facilities needed for independent living. The Examiner finds that such units are best characterized as "retirement/elderly apartment" and therefore multi-family dwelling units. There is little doubt that the 18 triplex units should be classified as "retirementlelderly apartments" and rnulti-family dwelling units. For the purpose of determining consistency with the Comprehensive Plan, the project can be viewed primarily as "multi-family". The project's locarion imptements ttle access criteria for multifamily housing in the Urban category, which recommends that such housing locate along or near the major arterial systems rather than along local access roads. Primary access to the site is along Evergreen Road, a Principal Arterial, with secondary access provided along Fourth Avenue, a Collector Arterial. The subject property also borders a 100-foot wide county right of way designated as a future Principal Arterial. T'he location also implements the stated intent of the UR-22 zone, which contemplates the location of multifamily housing along a Principal Arterial or a Minor Arterial. See Comprehensive Plan, Glossary, definitions of "Secoiidary Arterial", "Major Arterial" and "Collector Arterial"; Zoning Code 14.300.100, definition of "Arterials-Principal, Minor and Collector"; Zoning Code 14.710.140; and Spokane County Road Standards, Section 1.12, paragraph 2. Tlie "deilsity" of a multi-family residential project is determined by dividing the number of multi-family units by the net acreage of the site. See Zoning Code 14.300_ 1 U0, definitiori of "deilsity". There are potentially several ways to calculate the project density. The Examiner could assume that there are only 165 multi-family dwelling units in the project, which on a site net acreage of 7.71 acres yields a density of 21.4 dwelling units per acre. The Examiner could deduct the acreage needed for the assisted living facility (about 1 acre, ignoring the facility's reliance on the adjacent central building) from the net acreage of the site, which for 165 multi- family dwelling units would yield a density of about 24.6 units per acre. Thz Staff Report asstimes that all 205 units are multi-family, which yields a density of 26.6 units per acre on 7.71 net acres. The density of the project is greater than the maximum density of 17 units per acre generally contemplated in tiie Urban category. However, the Urban category indicates that the base net density for residential uses may be increased for "fill-i❑ development" through "bonus options" or "bonus densities" within developed areas whe:-e utilities, arterials, schools, and community facilities have already been established. HE Findincys, Conclusions and Decision ZE-21-98 Page 13 The project meets the descriptioii of "fill-in development", which is encouraged by the Urban category of the Comprehensive Plan. See Comprehensive Plan, Glossary, definition of "fill-in development". The site is located beriveen and in close proximity to at least two existing developed geographic areas, having densities and land use which conform to their land use designation under the Comprehensive Plan. The project is located within the Public Transit Benefit Area designated by the Zoning Code, and public transit is available within .2 miles of the site at Sprague Avenue and Evergreen Road, and possibly closer. The density of the project will increase the cost-effectiveness of extending, utilities and public services in the area, will create an urbanized environment within the Urban category aild Priority Sewer Service Area, and promotzs public sewering. Since the project will cater to the elderly, it is not expected to impact the schools in the area. The project provides rzcreation4l facilities for its residents, which mitigates its impact on County parks in the area. The subjec'L property is designated within the County's ILJGA under the Growth Management Act. The UR-22 zone authorizes a density of 22 dwPlling units per acre, unless bonus density is authorized under Zoning Code Chapter 14.820. See Zoning Code 14.300.100, definition of "density", and Zoning Code 14.622.305. If all 205 dwelling units in the project are assumed to be multi-family dwelling units, the applicant needs 4.6 dwelling units per acre of bonus density (i.e. 36 bonus density units) to achieve a density of 26.6 d~velling tinits per acre. 7oning Code Chapter 14.820 authorizes bonus densities of 3.5 dwelling units per acre ior multi-family housing in the tTR-22 zone, far direct hook-up to public sewer. The project must be no mure than 200 feet from a sewer trun~: or colier,tor line, unless the County Division of Utilities determines that it is feasible to nook-up to a sewer trunk or collector line at a greatei- distance when applicable. Zoning Codc 14.8'20.080. Additional bonus densities for sewered development of .5 dwelling units per acr-e ear.,h may be authorized for location witllin one-quarter (1/4) mile walking distance of available pliblic transit, location of development where off-site convenience shopping faeifities are funciionally accessible within reasonable walking distance (i.e. .5 miles), or where the primary means of access to a developmeilt is via iin arterial. Zoning Code 14.820.060. Public sewer has been installed in proximity to tlle site, and the County Utilities Division has indicated that public sewer is available for cunllection. See Staff Report, p. 10; and Couilty Utilities Division conditions of approval dated 2-8-99. The site is also located wirhin one-fitth of a mile of two public transit stops, the site has direct access to two arterials, and off-site convenience shopping facilities are located within much less than a half mile of the site. See Staff Report, p. 10. Based on these facts, the project potentially qualifies for up to 27 units per acre of bonus density, more than enough to satisfy the assumed density for the project of 26.6 dwelling units per acre. To qualify for bonus densities undc;r Zoning Code Chapter 14.820, a project must also meet the development standards of the UR-22 zane, and the increased density must not be detrimental to the general purpose for granting bonus deiisity under such chapter, or otherwise harmful to the public health, safety and welfare. Zoiliilg Code 14.820.000. The stated purpose of the bonus density provisions ofZoning Code Chapter 14.820 is to set standards that will allow higher than normal residential densities in a nianiler that provides a desirable living environment compatible with surrounding land uses. Developn~eni bonuses are expected to increase the construction of HE Findiiisas, Conclusions and Decision ZE-21-98 Pao-e 14 ~i . development, generally within the IJrban Impact Area designated by the Comprehensive Plan, in locations where the actual connection to sewers is intended to protect the County's sole source aqui fer. Bonus densities are intended to provide for higher density development in locations close to employment, shopping, major transportation routes and sanitary sewer; and to provide economical multifamily housing in regard to anticipated growth in areas required to use sanitary sewer facilities when such facilities are operational. See Zoning Code 14.820.000. Bonus density for public sewer may be granted through the public hearing process in conjunction with a change of conditions application, but only after direct hookup is guaranteed. Zoning Code 14.820.020 and 14.820.040. All these purposes and intents appear to be met by the project, except with regard to certain aspects of land use compatibility, as discussed below. As recommended by the Urban category, the project is located near public transit and provides transition between existing residential development and more intensely developed areas. Immediately north of the site is a 100-foot wide county right of way contemplated for a major arterial route. The land directly north of the right of way is within the Major Commercial category of the Comprehensive Plan, is zoned B-3 and is developed with major commercial retail uses. As contemplated by the UR-22 zone for intensive multifamily development, the project is located close to employment, shopping and the major transportation raute.s where Tliovements of people can be handled efficiently and with least overall adverse impacts. The Urban category stresses the need for the height, density and designs of multi-family housing to be compatible with adjacent single-fainily properties. Neighboring property owners objected to the lleight, bulk and density af the proposed buildings. This included residents owning property along Third Avenue west of the site, and at the comer of Fourth and Evergreeil. Similar issues were presented and considered by the Exarniner in restriciing density and building heights in the approval of the applicant's rnulti-family and/or retirement housing projects in File Nos. ZE-36-96, and ZF-36A-96/LE-88A-80. Normally, the L-.xaminer would not find it appropriate to locate a UR-22 zone directly adjacent to a UR-3.5 zone developed with single-family homes, and would deem a UR-12 or UR-7 zone to be more appropriate. However, the triplexes located on the westerly 2.18 acres of the site have a density of only 8.2 units per acre, well below the alloNvable density in the UR-12 zone. The proposed triplex buildings will be limited to a height of 24 feet, the buildings are oriented away from the mostly 1-story homes located west of the site, the spacing between the triplex buildings preserves a line of sight from west to east, and the adjacent homes are oriented away from the project. The triplexes will also be buffered by the installation of a 6-foot high sight-obscuring fence and 5 feet of landscaping along the west property line. Considering the proximity of the triplexes to the west property line of the site, the Examiner agrees with County staff that such landscaping should be upgraded from Type III to Type I lai-idscaping. See testimony of Francine S'naw. The applicant is effectively using the UR-22 zoning of the westerly 2.2 acres of the site to increase the density of housing on the easterly 5.88 acres of the site, through bonus density provisions. In place of 127 independent living units and 9 triplex units in the previous project, the applicant has substituted approximately 147 iiidependent living u►lits and 40 assisted living tinits on the same 5.88 acres. This comparison is based in part on the appliGant's description of HE Findings, Conclusions and Decision ZE-21-98 Paae 15 the previous project as not truly containing "assisted living" units. See testimony of Prokey Arger. The percentage building coverage over the net acreage of the site is approximately 27.4%, which is still well below the maximum building coverage allowed in the UR-22 zone of 65%. The percentage of building coverage in the project is comparable to the 26% coverage proposed for the applicant's previous project approved on the westerly 5.88 acres of the site, although it would be increased to about 34% on the same 5.88 acre portion of the site. The assisted living facility would mostly be setback 132 feet and 144.5 feet respectively from the future acquisition area and dedication line along Fourth Avenue, and will be a 2-story structure with a building height of 35 feet. The remainder of the retirement complex would be setback 115.5-127.5 feet respectively from the future acquisition area and dedication line along Fourth Avenue, setback approximately 78-163 feet from the dedication line along Evergreen Road, and would have a maximum height of 50 feet. The proposed garages south of the complex would be set back 25 feet and 37.5 feet respectively from the future acquisition area and dedication line along Fourth Avenue, and are intended to provide additional buffering of the complex from the residential neighborhood lying south of the site. In comparison to the current praject, the retirement complex approved in File Nos. ZE- 36A-96/ZE-88A-80 is mostly setback 115-127.5 feet respectively from the future acquisition area and dedication line along Fourth Avenue, setback approximately 94-107 feet from the dedication line on Evergreen Koad and was conditioned for a maximum height of 45 feet. See site plan of record dated 5-15-98 in File Nos. 'Z.F,-36A-96/ZE-88A-80. The increased height of the retirement complex and decreased setback of the southerly portion of the retirement complex from Evergreen Road, compared to the previous project, is partly mitigated by setting half of the complex much further back from Evergreen Road than the other half. See site plan of record dated 14-99. The Examiner also notes that the northerly third of the site is bordered on the west by Evergreen Road, B-3 zoning/commercial uses and the terminus of Third Avenuz. The garacres proposed southerly of the retirement complex do not sufficiently initigate the increased height of the phase II retirement apartments when viewed from Fourth Avenue or from the corner of Fourth and Evergreen, nor the total increase in housing units requested by the applicant on the easterly 5.88 acre portion of the site. The Examiner has accordingly restricted the building height for the phase II retirement apartments to 45 feet, as illustrated on the site plan of record, and restricted the ntirnber of total units in the project to 195. Any other decision would be an abuse of the hearing process, allowing, the applicant to come back repeatedly fvr more housing density and greater building heights on the same land after a decision has been made by the Examiner restricting such factors. The record otherwise indicates that the impacts of the project on the architectiiral character, residential charaeter and values, and single-family amenities of the area were adequately taken into consideration in the design of the project. Neighboring property owners expressed concein over the potential impact of the project oil traffic safety and capacity at the intersection of Fourth Avenue and Evergreen Road, the need for a traffic signal at such location and the need for widening of Evergreen Road prior to build-out of the project. Similar objections were made against the applicant's previous project. Evergreen Road is currently controlled at Fourth Aveilue by stop signs that reqilire motorists heading eastbound or westbound on Fourth Avenue to stop at Evergreen Road. The applicant is required HE Fiiidings, Conclusions a11d Decisioii 7E-21-98 Pa~e 16 to make improvements to Fourth Avenue, dedicate necessary rights of way along both Fourth Avenue and Evergreen Road, and the County is considering a project that would widen and improve Evergreen Road adjacent to the site. The traffic study submitted by the applicant's traffic engineering consultant and accepted by County Engineering establishes that the project, as conditioned, will not have a significant impact on traffic safety or capacity, considering pertinent factors. The study was not rebutted by expert testimony on traffic engineering matters, and therefore must be given considerable weight. See Maranatha Mining vs. Pierce Cotnit_y, 59 Wn. App. 795, 802-806 (1990). As conditioned, the project generally conforms to the Comprehensive Plan. The project is adequately buffered from the nearby single-family neighborhood based on its design, location, restricted heights, extraordinary setbacks, senior housing provisions, landscaping and screening features. The project is conditioned for compliance with the recommendations of the various public agencies, and is supported by adequate infrastructure. The project will serve a demand in the Valley area for quality senior housincr and bears a substantial relationship to the public welfare. Even with the allowance of bonus density, a desirable living environment compatible with surrounding land uses will be achieved. The allowance for bonus density will not be detrimental to the public health, safety and general welfare. Approval of the bonus density request will facilitate economical, higher density housing in a location close to pliblic sewer, which housing will connect to the sewer at thP time of build-out. The project has been conditioned for compliance with the UR-22 zone and the County Zoning Code. The site plan of record indicates only minor deviations &om the development standards of the UR-22 zone, which will be corrected through the btiilding pernlit process and enforcement of tlie conditions of approval. See Staff Report, p. 12. 1'he Exaiiiiner has given appropriatc; 'vveight tu the °liews of'neiohboring prt~perty cwnersS which may be given substantial weight but are ilot controlling. Parkridge v. Seattle, 89 Wn.2d 454 (1976). Such views must relate to the approval criteria for the rezone proposal being considered, including consistency with the Comprehensive Plan and applicable land use regulations, environmental impacts, and specific impacts to the public health, safeiy and welfare. See Cotcgar Mt. Assocs. v. King County, 11 l Wn.2d 752, 756 (1988). No public agencies objected to the Determinatiori oi Nonsianificance (DNS) issued for ille proposal by the Division of Building and Planning. The proposal will not liave more than a moderate effect on the yuality of the environment, and the Exaininer concurs with issuance of the DNS. The procedural requirements of chapter 43.21 G RCW and chapter I 1.10 of the Spokane County Code have been met. 3. Conditions in the area have sufficientlv chan-ced to iustifv the proposed rezone. chanQe of conditions and bonus densitv, as conditioned. In applying the charlged circumstances test, couc-ts have looked at a variety of factors, includino, 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 Couilty Zoning Code Section 14.402.020 (2). Washington courts have not required a"stronQ" showin` of change. The rule is flexible, and each case is to be jud~ed on its o~vn facts. Bassaiii v. Coaenti: HE Findings, Conclusions and Decision ZE-21-98 Pa,-y e 17 COlfllYIISS10i1G'7"S, 70 Wn. App. 389, 394 (1993). Recent cases have held that changed circumstances are not required for a rezone if the proposed rezone implements policies of a comprehensive plan. Bjarnsvn, at 846; Save Our .kin-al Enviromnent v. Snohomish County, 99 Wn.2d 363, 370-371 (19103). Significant changed circumstances llave occui-red in the area since the original zoning of the subject property to justify approval uf the project. Changes iilcludc population growth in the area, intensive commercial development in the vicinity south of Sprague Aveilue and east of the site, the widening of Evezgreen Road south of the sitc, the extension of ptiblic sewer to the area, designation of the site within the Cotinty's IUGA, designation of a future Principal Artei-ial in the abandoned railroad right of way adjacent to the sitr,, and increased demand for retirement housing in the area. ltl. DFfCISION Based on the above Findings of F.zct ;Ii;d Cun,clusions, thf,- applicatiens tor a rezune, chan2e of conditions and bonus ciensity are hereLy approved, for development of a total of 195 units of retirement housing on lhe site. The projc.-n may have no more than 155 "independent living" units, with the remaining units being "assisted livina". The project is also subject to the conditions of approval of public agencies stated below. Any r,onditions of such agencies which have been added or signifiC-ailtly reviscd by !hz I-it.,:ir:ng Ex~~tiliner are it~71.i;:: ~c~ct. Failure to comply with the conditioiis of this approval i:iay result in revocation of this approval by the Hearing Exanlin~r. ;'his 3pproval does rlot waive the applicant's obligation to comply with all other requirements oi otiier a.geiicies witti jcii-isdiction over land development. SPOK.ANE COUNTY DIVISIt7N Or fi3UILDYNG AND PLANNING 1. All conditions imposed hy the Izcarin; Examii:ier shal! be binding on the °'App1_icant", which tenn shall include the develop,~nr, ov.,ncrs, aricJ their heirs, assigns and successors. 2. The zone change applies to the rf.«l property : That part of the NE of the NE '/a of Scctiuill 22, T. 25I~,'. R. 44 E.W.M., in the C;ounty ot.Spokanc anci the State of Washingttm, described as follows: Beginnin; at a puirit on the 5oiitli iine of the right ot way~ of the Idaho and Western Railway Company, which is due South of :point 495 feet west of the northeast coiner of said NE of the NE '/4; thenc;e Soufill oii a line parallel with the East line of said NL '/4 of the NE 1/4 to a point in the South line thereof; thence W"est 165 feet; thence North oil a line parallel with the East line of said NE '/4 of the NE 1/4 to a poznt on the south line of the righf of way of the Idaho and Western Railway Company; thence cc-:st along the south line of said right of way 165 feet to the place of beginning, except road right of;uay for liourth Avenue (parcels 45221.9015 and 455221.9016); together witt-i P"I'N NE :fa C7I= NE D AF; BEG AT PZ' ON SLY R/W LN OF ABAri L.M. & ST. P RR R/W _329.75 F`I'W OF E SEC LN TH S.LY 291.23 F"T TH WLY 164.96 FT TH NLY 290.68 FT TH ALG SL> LN TO POB EXC N 105 F'T (parcel 45221.9217); together with W 165 FT OF E 495 FT OF NE '/4 OF NE AS OF CN1 ST P&P RR R/W EXC S 20 FT AND EXC N 290.68 FT NI/L (parcel 45221.9200); together with N 100 FT OF W 300 FT OF NE OF NE',/4 LYG S OF CM S"1 P&P TZR k/W (pa_rce1455221.9112); togetller tivith E ~ FT OF NE '/a OF NE'. S OF RR EXC N 100 F"I' FXC E 30 FT (parcel 45221.9111 HE Finding;, Conclu-sions anci Uc;cis:offl LE-21-98 }'aoe 18 . • r3. The proposal shall comply with tl-ie Urban Residential-22 (UR-22) zone and other applicable provisions of the Spokane County Zoning Code, as amended. 4. The applicant shall develop the subject property in conformance with the site plan of record submitted on January 4, 1999, subject to tlze conditioiis of npprovul herein. All aspects of the concept and proposal shall be binding on the development, including proposed use. Variations, to be approved by the Director of the Division of Building and Planning/designee, shall only be ailowed to meet regulation standards and conditions of approval. Any other modification must be presented to the Hearing Examiner for review and approval. Note.- The Staff Report discloses nrinor deviatiojis ifi tlte flanking street yard provided udjacertt to Third Avenue, the desig11C1'11011 of si~fficient off-sile parking stalls for gicests and an excessive fence heig/it withiri the setback reqtiired alopig the north property line of the site. 5. Approval is required by the Director of the Division of Building and Planning/designee of a specific lighting and signing plan for the described property prior to the release of any btiildillg permits. 6. A11 exterior building and site lighting fixtures shall confornl to Section 14.810.1$0 of the County Zoning Code. 7. A specitic landsc:ape plan, planting schedule and provisions for i-nailltenance acceptable to the Director of the Division of Building and Planning/desigTiee shall be submitted with a performance bond or other suitable guarantee for the project or other suitable guarantee prior to release of building permits. Landscaping shall be installed and maintained sa that sight distance at access points is not abscured or impaired. 8. The Spokarie County Divisioii of Building and Plailn►n.g shall prepai-e anci record with tht County Auditot- a Title Notice specifying a future land acquisitivn w-ea for road right-of-way and utilities. The reserved future acquisition area Title Notice shall be released, in full or in part, by the Division of Building and Planning. The natice should be recordeil Nvithin the sarTie time frame as an appeal and shall provide the followillg: a. At least 12.5 feet of reserved future acqtiisition area for road i-ig}it-of-tivay and utilities, in addition to the existing and/or newly dedicated ri ght-of way along 4" Avenue NOTE: The County Engineer has required 25 feet of new dedication on Evergreen Road, 2.5 feet of new dedication on 4`'' Avenue and the dedication vf the applicable radilis uii Evergreen Road and 4`j' Avenue. b. Future building and other setbacks required by the Spokane Cuunty Zoriing Code shall be measured from the reserved future acquisition area. c. No required landscaping, parking, '208' areas, drainfield or allowed signs should be located within the future acquisition area for road right-of-way and utilities. If any of the above improvements are made within this area, they shall be relocated at the applicant's expense when roadway improvemenis are made. HE FindinQs, Conclusions and Decision ZE-21-98 Page 19 . d. The future acquisition area, uiitil acquired, shall be private property and inay be used as allowed in the zone, except that any iniprovements (such as landscaping, parking, surface drainage, drainfield, signs or others) shall be considered interim uses. e. The property owner shall be responsible for relocatin ; such "interim" improvements at the time Spokane County makeU roadway improvements after acquiring said fiiture acquisition area. 9. The Division of Building aiid Plarliiing shall prepare and rec;ord with the Spokane County Auditor a Title Notice noting that the site is subject to a variety of'special conditions imposed as a result of approval of a lanci use action. 'This Title Notice shall serve as public notice of the conditions of approval affecting the site. The Title Notice shoiild be i-ecorded wittiin the same time frame as allowed for an appeal and shall unly be released, in full or in part, by the Division of Building and Planning. The 7'itle Not:ce shall ~~;nerally provide as follows- The parcel of pruperty legally desc:ribed as [ j is the subject of a land use action by the Spokane Caunty Hearing Etaminer or Administi•ative Official on April 28, 1999, imposing a variety of special developrrient conditiuns. File Nos. ZE-27-98, ZE-88B-80 and ZE-36B-96 and are available for inspcction and copying in the Spokane County Division of Buildinb and Piaiming. 10. The applicant shall ob~-iiii approvul of a C'eriiricate of E::ertlption !'or u rninor ]ut line adjustment to aggregate ttie subject tax parcels inta a single tax parcel. If the properties are not avaregated; then the appropriate land division appi•ovals shall be obtained for each tax parcel consistent with tZCW 58.17, the Spokane t'ouzty Subdivision OrdinaricL and all other applic-a-Ho local, state and federal oi•dinancQs and developinenf rz atilations, as amonded. 11. Any division of the stibjtct proper!.v for the Pu:poses of creating additiotial lots/parcels shall be reviewed by the Dircctor of the Division of'Buildiitg and Planning/designee for corZlpli.ance witli the SpokanP County Sabdi-1/ision Orcjinance and all ot',ler app!ica.ble local, state and federal ordinances and development :egulation,; as amended 1?. A filed aviation easement satisfactory to the i ells Field Airport Board shall be provided prior to the Division of Bziildina and Planning si;:=,.n--of'f on a btiilr?iny perlYiit. 13. The applicant shall contact the Di,,-;:.aosi oi"B:i.;ding and F'lanning at t17e earliesl stage possible in order to Ue informed of code rcqiiiremerits administPred/enforced and authorized by the State Building Code Act. Lesign and dr;velopment concerns Ynclucle: addressing, primary and fire apparatus access roads, fire hydra:3`Jflow, approved water systems, building accessibility, construction type, occupancy classification, exilin;, exterior wall prokectioil, aild energy code reqtiirerrlents. (NO'I'E: Tlle Di%,ision of BtiilciiriJ and Pla»ning reserves the i-ight 'Lo confirm the actual address at the time of buildine ptra):t. 14. The pj•oject shall be lirriited to devel.'Vniert r4'1 J5 icjtits of retiremerrt hoirsiiig. lJo!)lOj'e thatz 1 SS iinits tl:ereof sh«11 be "indeperu.lent livino , W1Ijl 1IIe relnQli`11I1g ZltlltS bPlll` "ccssisted IIVI)Tg The usS1SlC'Ci jlVt11g ZI)1115 ShL1II ,Q'ener•ullj► jneet the Zoning Gocle defifiitiai oJ "convalescetit lroirte'° or "nLirsirrg honiP": whie'e lhe independent Irviri~; ac;;i1s shall ,;enerrril~, »ieet the Zonin`u C,orle rlef nitinn of ilf7Ct!'lln(,'r.ts HE Findings, CUIICIUSlOl1s and DecisWn ZE-2 1-98 P:i~~c 2 0 15. I3uilding heights shall be as illustrated on !he site plan of record for the variotrs stnccticres proposed, provided tltat the phase I stf-ucticres may have a maximum building height of SD feet. i 16. Five (S) feet of Type I landscaping shall be installed along tlre westerly border of the site. 17. The approval of bonus density for the project is subject to hook-acp to public sewer, as coyrclitioned. SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior to issuance of a building permit, or at the reyuest of the County Engineer in conjunction with a County Road ProjectlRoad Improvement District, whichever comes first, the following conditions shall be met: 1. The applicant shall dedicate to the Couiity for road right of way purposes 25 feet ail Evergreen Road, 2.5 feet on Fourth Avenue and the applicable radius an Evergreen Road and Fourth Avenue. Prior to tlle release of a building permit or use af the property as proposed: 2. Access permits for approac}ies to the County IZoad System shall be obtained from the County Engineer. 3. The applicant shall submit road, drainage arid access plans for approval by the Spokane County Engineer. 4. A parking plan and traffic circulatioii plari shall be slibmitted and approved hy the Spokane County Engineer. The design, location and arrangement of p&rking stalls shall be in accordance with standard engineering practices. Paving or surfacing as approved by the County Engineer is required for any portion of the project which is to be occupied or traveled by vellicles. 5. The constructioii of the roadway imprUVemenis stated llerein shall be: accomplished as approved by the Spokane County Erl~ineer. 6. The County Engineer has designated a Collector Arterial Roadway Section for the improvement of Fourth Avenue which is adjacent to the proposed development. This will require the addition of approximately 8.5 feet of asphalt along the frontagc of the development. Curbing and sidewalk must also be coilstructed. 7. All required improvements shall conform to the current State uf Washington Standard Specifications for Road and Bridge construction and other applicable county standards and/or adopted resolutions pertaining to Road Standards and Stormwater Manacrement in effect at the date of construction, unless otherwise approved by the County Engineer. 8. The applicant shall construct a paved and delineated approach to meet the existin~~ pavement on Fvergreen Road. HE Findings, Conclusions and Decision ZE-21-98 Pa~c: 21 i 9. Roadway standards, typical roadway sections and drainage plan requirements are specified in Spokane County Resolution No. 95-0498 as amended and are applicable to this proposal. 10. No construction work shall be performed within the existing or proposed right of way until a permit has been issued by the County Engineer. All work within the public road right of way is subject to inspection and approval by the County Engineer. 11. All required construction within the existing ur proposed public right of way shall be completed prior to the release of a building permit, or a bond in an amount estimated by the County Engineer to cover the cost of construction or improvements shall be filed with the County Engineer. 12. The County Arterial Road plan identifies Fourth Avenue as a 70-foot wide Collector .Arterial. The existing right of way width of 20 feet from centerline is not consistent with that specified in The Plan. In order to implement the Arterial Road Plan, in addition to the required right of way dedication, a strip of property 12.5 feet in width along the Fourth Avenue frontage shall be set aside in reserve. "I'his property may be acquired by Spokane County at ihe time tivhen Arterial Improvements are made to Fourth Averitie. 13. The applicant is advised that there 7iay exisi- utilities either underoi-ouiid or overhead affecting the applicants property, including property to be dedicated or set aside future acquisition. Spokane County will assum° no finallcial obligation for adjustments or relocation regarding these utilities. The applicant should check with the applicable uiilities and Spokane County Engineer to determi.ile whether th~.~ app!icar.t or utility is resLOnsible :for adjustmeiit or relocation costs and to make arrangements for any necessary work. 14. The applicant shall grant applicable bor{1ei- easements adjacer,t tr, Spokano- County ri.c,;l:t of way per Spokane County Standards. 15. A traffic study has been accepted by the Couiity Engineer for this proposal until December 31, 2001. If the proposal is Iiot cumpleted by this date, additiunal trarfic infornlation may be required by the County Engine%-r. SPOK.ANE COtiNTY DIVISION OF UTILITIES 1. A wet (live) sewer connection to the area-wide Public Sewer System is to be constructed. A sewer connection permit is required. Cammercial properties shall siibmit historical or estimated water usage prior to the issuanc~ of'tlle connection permit in order to establish sewer fees. 2. The applicant shall submit expressly to the Division of Lltilities, "uuder sf•parate cover", only those plan sheets showinQ sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial properties shall submit historical or estimated water usage as part of the sewGr plan subniittal. HE Findings, Conclusions and Decis1011 7_E-21-98 Paoe 22 ' . 3. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of the sewer cotistruction permit. Security shall be deposited with the Utilities Division for construction of public sewer connections and facilities prior to the finalization of the project and/or the issuailce of the permit to connect to the public sewer system. 4. Arrangements for payments of applicable sewer charges must be made prior to issuance of a sewer connection permit. Sewer cllarges may include special connection charges and general facilities charges, which may be substantial depending on the nature of the development. 5. Any water service for t}lis project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 6. lVater Resources Section: The final drainage plarrs siibmitted shall indicate the locatiori of all gra,ssed irifiltration area (GPA) swales. SPOKANE REGIONAL kIEALTH DISTRICT 1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 2. Water servicc shall be coordinated through the Director of Utilities, Spokane County. 3. bVater service shall be by an existing public water supply, when approved by the Regional Engineer (Spokane), State Department of Health. 4. A public setiver system shall be nlade available for the project, and individual service provided to each building. The use of individual on-site sewage disposal systenls will not be authoiized. 5. Th~ use of private wells and water systems is nrohibited. SYOKANF COiJNTY AIR I'OLLLITION C0NTROL AU'THORI7'Y 1. All applicahle air pollution regulatiotls must be met. HE I=indin-;s, Conclusions and Decision GE-21-98 Page 23 . , ~ DATED this 29`h day of April, 1999. SPOKANE COUNTY HEARING EXANIINER Mich6el C. Dempsey, WSBA #k35 " NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAI, Pursuant to Spokane County Resolution Nos. 96-0171 and 96-0632, the decision of the Hearing Examiner on an application for a zone reclassification and accompanying SEPA determination is final and conclusive unless within ten (10) calendar days from the Examiner's written decision, a party of rerord aggrieved by such decision files an appeal with the Board of County Commissioners of Spokane County, Washington. However, RCW 36.70B.110 (9) provides that administrative appeals of county land use decisions and SEPA appeals shall be filed with the legislative body within fourteen (14) calendar days of the date of thp, decisioil. Pursuant to Spokane County Resolution No. 96-0171, the decision of the Hearing Examiner on an application for a change of conditions application and accompanying SEPA determination is final and conclusive unless within twenty-one (21) calendar days from the issuance of ttle Examiner's decision, a party with standing files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the date of issi.iance ~.vould be three (3) days after the decision is mailed. The Hearing Examiner Ordinance does not specify the appeal procedure wheii a chanc - re of conditions application and rezone involve the same project. State law requires rezunes to be reviewed by the legislative body and the change of conditions application is inextricably linked with the rezone application herein. Due process dictates that the Examiner's decision on the rezone, change of conditions and bonus density request is subject to appeal di.rectly to the Board of County Commissioners. This decision was mailed by certified mail to the Applicant on April 29, 1999. DEPENDING ON WHICH APPEAL PERIOD REFERENCED ABOVE LEGALLY APPLIES, THE APPEAL CLOSING DATE IS EITHER MAY 7, 1999 OR MAY 139 1999. The complete record in this matter, including this decision, is on file during the appeal period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West Broadway Avenue, Spokane, Washington, 99260-0245, (509) 324-3490. The file may be inspected during nornzal working hours, listed as Monday - Friday of each week, except holidays, between the llours of 8:00 a.m. and 4:30 p.m. Copies of tlie docuinents in the record will be iilade available at the cost set by Spokane County ordinance. HL F1I1Cj1I1oS, Conclusions and Decision ZE-21-98 P.i`~e 2_4 ~ 1 v CanceleJ I=ile ENGINEEk`S REVIEW SHEE7 ' Datr Filcd Date As Built Plans Received ' Date Road Plans Approved REZONE FILE # ZE-0036A-96 -,M New Road Standards 5-15-95 Mylar Companion File Related File 7_.T'-0036-96,7_3-0088A-~~1 Hearing Date H Time: H Number: Technical Review Date: TR Time: Building Dept Review Date: 01/22/1998 R Time: R Number: TECH REVIEW i; Date Received: 01/ 13/ 1998 Review Type: Large Loc _1 Bldg. Square Feec: No. Lot No. Acre 8. ~-Project Name: IJR-22 COC APT 136 L1NIT COMB1iYE TWO SITES INCREASE DENSITY Range-Township-Sectian: 44- Site Address: N 4TH/W EVERGREEN/E MAMER PARCEI Applicant Name• ARGER, GREG Phone (509) 920 -5.' Applicant Address: 300 N MULLAN RD Ph~~ne SPOf:A?vF. W 9Q?Ctr; Flooil Lone No Water Sew•er Sc}iuol 356 Fire PIIoIlC Billing Owner: ARGER CAPI"I'OL CORP Engineer Address: Address 300 N mULLAN RD a2(}4 Company WYATT ARCHITEC'I S 3: ASSUC:[A l! SPOKr1NE. WA 99206 Adclress: 2310 H CHERRY ST SPOKANE WA 99216 Phone: Phone: (509) 926-5311 phone: 509-928-1860 509-01-~-I46 1 SIgIled N:il,., D scrinti«n ni iak DATE TECHNICALLY COMPLETE DATE KOT TECHNICALLY C OM1'L I E. DATE PAY FEES RECEIVCD DATE PRIORITY FEES RECEIVED COPYT0 ACCOUNTIN('r FINAL PLAT FEES COMPLETED AND COPY TO ACCOUNTING I NOTICE TO PUBLIC / NOTICE TO PUBLIC i/ 1 3 4 6 COMPLETED - OR NEEDS TO BE SIGNED in-Out #l [n-Out In-Out #3 DESIGN DEVIATION DATES IN-OUT In-Out N4 In-Out t/5 In-Out It6 BOND QUANTITIES FOR DRAINAGE ITEM CALCULATED UATE BOND RECEIVED BOND AMOUNT RECCIVED DATE BOND RELEASE - DATE BOND REDUCED BOND BALANCE Hearing Date Decision Approved Denied Con[inued Appealed BCC Approved Denied Appealed to Court Approvecf Denied Continued Final Projecc Status STAMPED MYLARS TO PERMIT TECHNICIAN (SYL Ti>{_t` I l1T 'Pr, ~{T'}) 1:T camere(i Ffle ENGINEER" S RE4N'T W SIMET 03te r-iiL-d Date As Bu►1e Pla.ns Receivecl Date uoad Piam ApproVed REZONE FILE# ZE-0036A~96 -96 New Raad Standards 5-15-95 Mylar ~i Companion File Reiatecl File ZE-0036-96,Z3-0088A-80 Hearing Date 04*tt199$ H Tame: 0I:30 H Nuniber: 3 I3uildeiag Dept Tecfiznitial Review Date: TR Tittle; Review Date: 01122f I998 R Tirne: R Nwnber: TE"~~~~ ~VIEW # Date Fteceived: 0Il131I99$ Review Type: Large Lot Bldg. Square Feer: No. Lot r►1o. Acre 8.83 Project Nanie: [TR-22 CaC APT 13+6 UNIT CQMBINE TW() SITI.S INCRGASE DENSITY Range-To1vriship-Section: 44_ 25 _21 5ite AdCireSS: N 4'I'HIW EVERGREENIE MAMER PARCEL(S): (frst 20) Applicant Name: ARGER, GREG Plic7ne (509) 926-5311 45221.9199 4527i,9200 Appricant Address: 300 N MLLLAN RD #204 Phone 2# 5POKANE, W 99206 Fload Zoiie No Water Sewer Sctiool 356 Fire Phone Uate Conclitions Mai1ed: , Bi[ling Owner: ARGER CAPTT'QL CaRP E[jgineer ~ Acldress: Address 300 N rnU1LLAN RD #201 CnnipaiYy WYA"TT ARCliITEC'TS & A5SaC SFt7K.4NE, WA 99206 Address: 2510 N PINFS RD SP'C}KANE WA 99216 Phone: Pli4ne: (509) 926-5311 I'hone: 509-928-1860 Fax: Signc:d Name Buildin~ # 456-3675 I F'lann:ing #456-2?OS Contact: FRANCINE SHAW l~at~ fiE~hn~itter~ llescrintio 01126/1998 DA`I'E TECHNICALLY CC)h'IPI..ETE DATE NOT TECHNIGALL'Y CQMPLETE DATE PAY FEES RECEIVED DATE PR.IURITY I'EES RECLIVED CflPY T(} ACC(3UNTING FII'dAL PLA`I FE-ES GC)MALETED AND COPY TO AC+CO[7NTING I ~ J` f NOTICE TO PiJBLIC ! luOTIGE TO P[JBLIG 1 3 4 f COMPLETEI) -OR NEEDS TCJ BE SIGNED 1n-0ut #1 [ii-(3ui [n-{Juc !t3 DESIGN DEVIATI(]N DATES IN-(JTT'T In-Ou[ #4 Cn-Out #5 fn-Qu[ t!G 1 / BClND QUANTITTES FQR DkAINrA GE ITEM CALCUI..ATEI) ~ I DATE BOND RECEIVED IIQNL} A11r1OUNT RECETVED DATE BOND RELCASE - nATE BC}ND REDLiCED Bf)ND BAI..ANCE Hearing Date Deeisinn Approved Denic.~f Continuei! Appealcd BCC ApprQved Denieci Ap{x:aled te Court Approwed Denied Csantisnued Finai Project StacuS I 1 5TAMPED MYT.ARS TO PEF,A-IIT TECHNICIAN (SYL) I ! STAMPEi7 208 LC)T PLANS TO 5ECRETARY (SAIVDY) I - _ _J ~ - ~ s ~ ~ 1 1 STAFF REPORT TD THE I-IE14RING EXAMINER File #s ZE-88A-80 and ZE-36A-96 III ~~ii DIVISION OF BUILDING AND PLANNING SPOK:AIs.T, COZWI,Y CONTINUED HEARING DATE June 12 1998 FILE #S ZE-88A-80 and ZE-36A-96 PROJECT PLANNER Francine Shaw PROJECT DESCRIPTION Reconsideration of the Change of Conditions presented to the Hearing Examiner on April 3 1998 as a 136 dwelling unit retirement multi-family (apartment) complex on finro adjacent properties limited by Conditions of Approval of two separate land use actions (project file no s ZE-88-80 and ZE-36-96) The initial proposal included a request for a Change of Conditions for review of a detailed site development plan and landscape plan by the Hearing Examtner as required by the Conditions of Approval for ZE-88-80 and a Change of Conditions request to increase the density ailowance from 34 dweiling units (apartments) units to 52 dwelling units (apartments) as limited by the Conditions of Approval for ZE-36-96 The Change of Conditions to increase density on the portion of the site regulated by the Conditions of Approval for ZE-36-96 is no longer needed as the proposal has been revised and is in compliance with the Conditions of Approval for ZE-36-96 The applicant is afso requesting a reconsideration of a Change of Conditions for sewer density bonus pursuant to Chapter 14 820 of the Spokane County Zoning Code An additional eight (8) bonus density dwelling units have been requested increasing the density from 128 dweiling units allowed by the existing Ulrknn tiai-22 (UR- 22) zone to 136 dwelling units (apartments) on the subject site for dire T.FTWM STAFF RECOMMENDATION Staff recommends approval as conditioni-,d JUN 0 R O~98 I $~OKAir, . Proiect Data Project Location The subject property is generally located at the northwest corner of the intersection of 41hAvenue and Evergreen Road in the NE'/4 of Section 22 Township 25 North Range 44 E W M Spokane County Washington Parcel Numbers ZE-36A 96 45221 9200 & 45221 9217 ZE 88A 80 45221 9111 and 45221 9112 Owner Arger Capital Corporation 300 North Mullan Suite 204 Spokane WA 99206 (509) 926-5311 Dayton Hudson Corporation 777 Nicollet Minneapolis MN 55402 ZE 88A 80 and ZE 36A 96 Staff Report June 12 1998 Continued Public Heanng 1 of 5 s ~ L c ~ Y G P and M J Finch 5806 N Vista Spokane WA 99212 (509) 928 5172 Agent Greg Arger Arger Capital Corporation 300 North Mullan Suite 204 Spokane WA 99206 (509) 926 5311 Comprehensive Plan Designation Urban Zoning Urban Residential 22 (UR-22) SEPA ❑ DNS issued March 5 1998 ❑15 agencies were contacted on March 5 1998 requesting comment on the DNS The comment period ended April 1 1998 although additiortal comments are accepted until the conclusion of the public hearing for the proposal Noticinq The Heanng Examiner's offce notified 11 parties of record by letter on May 12 1998 of the continued public heanng for the revised proposal 1724 Compliance Dates Apptication Accepted {Counter Comptefe} December 31 1997 Technically Complete ! Determination of Completeness issued January 26 1998 Date Notice of Decisivn is Due June 27 1998 IResponses from the Pub{ic The Hearing Examiner s vffrce was in receept of several letters from the public regarding the continued public hearing proposed land use (retirement complex) density building height and traffic issues IVo additional publac comment was darectly received by the Djvislon of Building and Planning Backqround The proposal encompasses land which is subject to Conditions of Approval of two separate and distinct zone reclassification approvais A zone reclassification (project file no ZE- 88-80) from Agricuitura! (A) to Muitiple Family Suburban (MFS) was approved for the most easterly 300 feet of the site by the Hearing Examiner Commit#ee on 4ctober 14 1981 pursuant to the now expired Spokane County Zoning 4rdinance Condition of Approval # 3 for ZE-88-80 requcres review of a detailed site development plan and landscape plan by the Hearing Examiner at a future public hearing On January 1 1991 the (new) 5pokane County Zoning Code was adopted and the zone of this property crossed over from the Multrple Family Suburban (MFS) to the existing Urban Resrdential-22 (UR-22) zone In addition a zone reclassification from Urban Residential 3 5(UR-3 5) to Urban Residential-22 (UR-22) was approved by the Hearing Examiner on December 17 1996 (project file no ZE-36-96) ZE 88A 80 and ZE 36A 96 Staff Report June 12 1998 Continued Public Heanng 2 of 5 ~ ~ T a for the most westerly 165 feet of the subject property The zone reclassification was for the purpose of developing a 40 dwelling unit multi-family (apartment) complex The Hearing Examiner s decision and Division of Building and Planning Conditions of Approval #8 for ZE-36-96 limited the development of the site to 34 dwelling units A public hearing was held April 3 1998 for consideration of the development of the site as a 136 dwelling unit apartment complex (see Staff Report) On April 23 1998 after correspondence with the Hearing Examiner the applicant submitted a revised proposal for a 136 dwelling unit retirement complex due to reduced adverse traffic impacts created by retirement housing on the existing road system and infrastructure when compared to the initial proposal After contacting parties of record the Hearing Examiner decided to reconsider the revised proposal at a future pubiic hearing Staff AnalVsis A revised site development plan was submitted by the applicant to the Division of Building and Planning on May 21 1998 in response to the Hearing Examiner s decision to reconsider the proposai as a 136 unit retirement apartment complex and assoaated traffic analysis The revised site development plan of record eliminates the need for approval of a Change of Conditions for that portion of the site regulated by Conditions of Approval for ZE-36-96 as the revised site development plan proposes nine (9) dwelling units in three (3) tri-plex buildings This density is consistent with the density regulation identifred in the Conditions of Approval for ZE-36-96 which limits this portion of the site to a maximum of 34 dweiling units Approval of a Change of Conditions is needed for that portion of the site regulated by Conditions of Approval for ZE-88-80 - Specificaliy the revised proposat includes the request for approval of finro separate Change of Conditions including 1) review of a detailed site development pian and landscape plan at a future public hearing as required by Division of Building and Planning Condition of Approval # 3 for ZE- 88-80 and 2) the request for a sewer density bonus pursuant to Chapter 14 820 of the Spokane County Zoning Code to allow an additional eight (8) dwelling units (apartments) which would increase the density from 128 dwelling units allowed by the existing Urban Residential-22 (UR-22) to 136 dwelling units (apartments) on the subject site Traffic Impact Analysis The appiicant submitted a traffic impact analysis on May 14 1998 to the Division of Building and Planning based on traffic impacts produced from retirement housing The study indicates the intersection of Evergreen Road and 4th Avenue operates at a Level of Service C and no mitigating measures are needed for this proposal nor the initial multi-family proposal presented at the Aprii 3 1998 public heanng A Level of Service C is an acceptable level of Service for Spokane County intersections Comments received from the applicabie reviewing agencies in response to the traffic impact analysis indicate the traffic impact analysis is acceptable Site Development and Landscape Plan The site development plan of record submitted to the Division of Building and Planning on May 21 1998 iilustrates a 136 dwelling unit muiti-family retirement (apartment) complex on a 5 83 acre site with a net density of 23 3 dwelling units per acre Two points of access to the site are provided The primary access to the site is provided from Evergreen Road approximately 295 feet north of the intersection of Evergreen Road and 411 Avenue A second access is provided from 4"'Avenue approximately 356 feet west of the intersection of Evergreen and 40' Avenue ZE 88A 80 and ZE 36A 96 Staff Report June 12 1998 Continued Public Heanng 3 of 5 6 i } Proposed Burldinas A to#al of seven (7) buildings are proposed mcluding three {3} triplex structures vne (1) assisted living multi-family structure and (3) enclosed garages The site plan of record also illus#rates two (2) carports Buildrna(s) Fvotprrnt Area 24 6% of the site (approximately 52 370 square feet) This figure does not include carports Sectson 14 622 330 of the Zoning Code allows a maxfmum of 65% of the total lot area to be covered by buildtng footprint Maxrmum Structure Neiaht The site development plan illustrates building height which varies between 36 and 45 feet in height Section 14 622 335 of #he Spokane Gounty Zoning Gode limits maximum building height in the existing Urban Residential-22 (UR-22) zone to fifty (50) feet Existing Division of Building and Planning Condition of Approval No 8 for ZE-36-96 limits building height to 35 feet on the west 165 feet of the subjec# property The Division of ' Bwlding and Plannmg is recommended that this condition remain in effect as the applicant has not requested a Change of Conditions to elimmate this condition Buildinq Setbacks The required setbacks noted below have been determined based on primary access berng provided from Evergreen Road Estabiishing the approprrate setbacks is dependent upon primary access to the site andlor the address that wili be assigned to the site at the time a building permit is requested Detailed review to determine complianee with the development standards for minimum yards and setbacks is recommended to be administrative and to occur at the Building Permit stage If primary access to the sEte is provided from Evergreen Road the troplex structures located adjacent to the west property line wili need to be located such that the required 15 foot rear yard setback is provided Proposed Reauired Front yard 84 feet from the east 25 feet from the (Evergreen) property line after east property Iine after nght-of-way dedication right-of-way dedication Flanking yard (Svuth Valley Arterial) 25 feet from the 25 feet from the north praperty line north prvperty Iine Flanking yard (4th Avenue) 19 feet from the 25 feet from the Future Acquisition Area Future Acquisition Area Side yard (north) 5 feet 5 feet per story Rear yard (west) 5 feet 15 feet Parkrnq Proposed ReQUired 147 stalls 204 stails includrng 11 stalls for guest parking Landscaprna Proposed Required ZE 88A 80 and ZE 36A 96 Staff Report June 12 1998 Cantinued Public Heanng 4 af5 ~ 1 1 I ! Adjacent to 4"' Avenue 20 feet of Type 111 20 feet of Type i l l Evergreen Road and the outside of right-of-way proposed South Valley Arterial dedication and FAA Adjacent to the north and west property lines where the No additional 5 feet Type I I I adjacent zoning is UR-3 5 landscaping illustrated Other Site Plan Consrderations In addition to the required landscaping Section14 622 365 of the Spokane County Zoning Code requires a six (6)-foot-high concrete masonry or decorative block wall solid landscaping or sight obscuring fence shall provided and maintained on the boundary of any UR-22 zone that abuts a UR-3 5 zone The applicant initialiy submitted a letter dated February 3 1998 to the Division of Building and Planning requesting relief from the fence requirement previousiy described pursuant to Section 14 810 200 of the Spokane County Zoning Code "Alternative Method of Compliance However the site development plan of record submitted May 21 1998 illustrates the required six (6) foot sight-obscuring fence and the recommendation of approval of alternative methods of compiiance presented to the Hearing Examiner at the April 3 1998 public hearing is now null and void Staff Recommendation The proposal is generaily consistent with the Goals Objectives and Decision Guidelines of the Urban category of the Comprehensive Plan taking into consideration the density allowance for the underlying Urban Residential-22 (UR-22) zone (Section 14 622 305 of the Spokane County Zoning Code) and bonus density for direct public sewer hookup (Chapter 14 820 of the Zoning Code) The site developmenUlandscaping plan demonstrates general compliance with development standards of the existing Urban Residential-22 (UR-22) zone Minor revisions to the site developmenUlandscape plan will need to be made pnor to the issuance of any building permit for the proposal including setback revisions for the tnplex located on the southwest corner of the site a five (5) foot-wide strip of Type III landscaping along the west and north property lines where the adjacent zone is Urban Residential-3 5(UR-3 5) additional parking stalls and designation of RV and guest parking stalls The Division of Building and Planning recommends approval as conditioned Attachments A Maps o Site Development and Landscape Plan B Agency and Public Comments C Conditions of Approval ZE 88A 80 and ZE 36A 96 Staff Report June 12 1998 Continued Public Heanng 5 of 5 , ~ • - ~ { ~ i r r ATTAGHMENT A I - ~ .3~A A%D E piall .80 Ot ze.88A laevIelopme ed , . ~ - , Site _ ► v t1s?~ f ~ ~ ` ~ ( 4 ~ ' 'r ~ i ~ ~ ' • ' ~ . ~.~'ti~' .;Y„~,;~y • ' . 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' , tGj•~U~/, -r . .w~'~.r ~ . ~ .~~•,a~lp,l1C.7~'~~ , ~ ~•+-'r'~ ri1~ ~~3~ ~,r FROJECT 4w \J` , ~ ~+-q.a,°~~° ~ ~ l;: ~ tve ooa.*'"C` ov"s ~ ~ r•~ , _ ' ~ 1►T~~. tJ a[S d~,~,.- TRe f1' _..ptra+ x~0.04 111 -60.~ OETSA013 ~y:r_-~"~i~ ' • ~ ~pl, .eOv-'?'"" ~ 'tt+n rez ''7e ,1 ~a~ . • s ~ ATTACHMENT B AGENCY AND PUBLIC COMMENT 0 Page 1 of 1 0 o a e o e o s o e o ~ D 0 6 0 ' • MO- Mo To Division Of Bwiding and Plannmg PLANNER Francine Shaw From Scott Engelhard TransPortation Engineering SP & DES Coordinator Subject ZE 88A-80 and ZE 36A 96 Proposed Change of Condijons Applicant Greg Arger Date June 4 .998 . The Spokane Covnty Englneer has reviewed the revisea site development plan and has no additional comments to Gad otner than those conditions of record as amended ~ Page 1 CC «App4icanWame» «EngineerLookUp» «5uildincP'anrnngContact» - ~ - - - --r. _ _ _ ~ . ~ IHI E M O R A N D U 16►1 DATE June 4 1993 TO Francine Sha« Division of ildin and Plannng FROM ~X en a ims and Katherui &w"I" tormwater Utilit} RE ZE-88A-80 136 unit retirement compleY C C FILE This proposal is within the aquifer sensitive area (ASA) The Guidelines for Stormwater Management requires that impervious area within the ASA must drain to grassed infiltration area (GPA) swales The site plan provided did not indicate where the GPA swales wili be located We recommend that the final plans indicate all GPA swale locations Thank you for the opportunity to comment K IS G!1ca 0 cc Q6i ^2/98 TtrE 15 39 FA.1 509 P" °4125 SPORA.\-E VALLEY FIRE DEPT 444 Bt1ILDIVG CODES Fo 002 p a Ize A' ~ SpOKANE !lA1.LEY F1RE DEPARTNIENT ~ Spokone Coun ty Flre District 1 10319 EASi SPRAGUE AVc SPOKANE WA 99206-3676 0(509) 928-1700 . FAX (SQq) 892-4125 R Pot Humphvles Chlel June 2, 1998 Francine Shau Departiaent of Building & Plannzng 1026 W Br oac3way Spokane, WA 99260 RE Change of Conditions ZE-88A-801 ZE-36A-96 Dear Ms Sbaw The Spokane Valley Fire Department has no ob]ectlcn to this proposed change of conditions However, we will have comments regarding fire access This can be addressed at Design Reviev 4nc ly, ller Fi re Inspector KM/md SPOKANE REGIONAL HEALTH DISTRICT ENVIRONIVIENTAL HEALTH DIVISION INTEROFFICE MEMO DATE May 28 1998 TO Francine Shaw Senior Planner Spokane County Building and Planning Division ► FROM Donald T Lynch EHS II - EHD, SRHD ~ SUBJECT Proposed Change of Conditions for ZE-88A-80 and ZE-36A-96 (Arger) The Spokane Regional Health District has reviewed the above mentioned action Conditions presented in the inter-office communication to Steve Davenport dated October 21 1996 will remain We offer no additional comment - Memos\ZE88A 30 & ZE AA 96\1ah ~ ~ e► _ a f ~ ✓ r 1 ~ 1 -r Shaw, Francine - From Hemmings Bili Sent Tuesday May 26 1998 9 38 AM . To Shaw Francine Cc Engelhard Scott Pederson John Harper Pat Kimball Sandy Busko Doug Miller ~ Kathenne Subject ZE 88A 80 and ZE 36A 96 Change of Conditions 5 26 98 I received the above referenced application on May 22 1998 This proJect IiES in an area of approved soils so a concept drainage plan is not required ! have no knowledge of any critical areas on this site I consider this application to be technrcal(y complete I recommend using the standard drainage condition for this proposal MEMORANDUM DATE May 18 1998 ~ TO Scott Engelhard CC -"'Francine Shaw Spokane County Planning IJAI Ann Winkler Inland Pacific Engineenng Inc LLM&L FROfVi Steve Stairs SUBJECT Threshold Traffic Study for Arger Retirement Community 5~~~~~xJ~IY at 4~h & Evergreen I have compieted review of the above referenced document and have found the information complete and that acceptable methods were employed in the study Therefore I recommend that we accept this threshold study and ailow this project to continue in the hearing process If you have any questions concerning my review of this document please feel free to bnng them to my attention SUN 03 98 12 38PM SAFr'-O CLAIMS SPOKE P 2 June 2, 1998 FRANCINE SHA W DIVIS70N OF BUILDING & PLANNING ] ST FLOOR PUBLIC WORKS BUILDING 1026 WEST BROADWAY SPCJKANE, WA 99260-0050 Re ZE-36A-96, ZE-88A-80, Revised Site Plan & Traffic Study Dear Ms Shaw W e are m receipt of the revised site plan and traffic study forwarded by Mr Dempsey Our biggest concern is wlth Evergreen Road We feel the county should make the necessary improvements, i e widexung it to five lanes includl.ng a center turn lane before further consideration is given to this project This ' should extend southbound from Sprague Avenue to the intersection of 4jh .Avenue Also, althoug,ki Inland Pacific Engineenng does not feel that one is warranted, we would like to see an overhead llght posted at the iniersection of Ev ergreen and 4a, or at least flashing lights You may have already heard tht we have had yet another accident at the intersection of Evergreen and 4h This ls the thud one since our last hearLng This brings a concern to mmd about how accurate the statlstics that Inland Pacific noteci in their report are In 1998 they llst 1 accident when there have been at least 4 that I am aware of The newest proposal by Mr Arger appears to be more suitable than the ortcyinal one, however, we fail to see why he feels it is necessary to have a third story FronZ previous testimony by him it would seem that lt is for financial reasons only, which should have no beanng on the counties decision regarding its height We would like to see it no higher th-~ t~vo- story and again want to make sure that the height ls stipulated from ground level not berm level It is our opinion that the highest buildlna should be closest to Ever.re.ri stepp1nQ down ln height as they approach 3 Street This would be more JUN 03 98 12 38PM SAFFe-0 CLAIMS SPOKE P 3 ~ pleasing to the eye and would also lend itself to building possibly more one- level triplexes on the land immediately west of the project should the current owner elect to sell at a later date We certaanly appreciate being so well informed by Mr Dempsey regardung this project and feel that some prog,ress is beinc, made We hope a decision c.an be reached that all wlll be satisfied with Sincerely, 1 1 Karen Cone and S ue Mathis APR 10 '9E 10 22AM SAFECO CLAIMS SPOKE PI ~~~~~f- SnFECO INSURANCE COMPANiF-S 7LLEE HONE (509)9'J? 630,: SPOKANE 9RANCH OFFtCE fIAIL«iC ADD:tESS P OSOx 222G 14610 E SPRAGIlE Si OKAr1< <.r S►iINGTpht 9~"20 2)2( SPOKANE waSNtNGTON 99236 2199 A~3~L/r y►C VIM 7 Z \ ,ee';c'.,,~ ~ JUST TBE FXA-X-Ivx Number ot'Pages uZCluduig cover ~ From SAFECO Ins Claims Dept r. Date CIr", Sent By n ~ To 1 800 33.) 6606 E-cc Comoany SAFECO Claims FaY )0c 531 )027 Fax vtunber ~ d~1 Ph4ne LNumber- Re2~-~rdulg ~NRI\ ~OJN&CF_NTS ~~•`~`1 . ~ ~ ` ~K ~ Vv\ \ ~ t J Z r ~ Ttle pagss compnsing dus facsttnule transcrssseon contaui confidenual ulfoc-nation ~us tnfoRnauon is intended solely for use by the cnda-tdua( enuc}r narned as reement hereor (f you are nvc che Lncended recipient be aware that any ciisclosure copyunsL dlstnbuuon ei use of .he canteqts of'thls cransrrussion is prelubited If you have recetved this transr^ission in e ror please nocify us by celephone irnmed,acely so we may arrange co rC•neve LhUS tr3nsnvsstCn aL no cost La yo.j V= V✓ C r 'T L r J v ~ ~ ( 1 APR 10 9E 10 ZJAM SAFECO CLAIMS SPOKE P Z Four hosp1ta iIzed afteP 3mCar cra5h At least four Spokane residents wete hospiWhzed after a three-car accident in the Spoknne Vallzy Tuesday night sherlffs depuues baid A man drnnng an older mode! Toyota eastbouad on Faurth Avenue ran a stop bign at the tntersection with Evergreen ac 9 30 p m and collided u1th a car headcng south, depunes said Betore the eastbound ariver ° could regain control of hu vehicle be colLded with a Honda Accord headmg north oa Evergreen and ro!!ed his car Two peopIe in rhe Tavota were e~ctricaced and tal.en to Deaconess Medical C..ntcr The dnvers of the otfter cars aLso were hospualued deputirs,iud hames mere not released Nei;hbor Mke 7ohnson who has liVed at the tntersection of Fourth and E~ergreen for 19 year5 said the area has aluavs oeen dangerou, It s really d cerrible thing Johnson said but it s becQme a re jular demollcton derov Out he-,- I ee_ d-23,1998 d 42PM FRO I_ARK INC 15099223389 P 1 pm!~ft,N~Ti . . Ir,c P O Box 183 o S 205 Evergreen Rd B Veradale WA 99037 °(509) 922-3610 ~ Dare , //a319d lCa5O5 D ~ 7~' To F~'5~(Sai7 UCOjt,, CL/OpCr4 /~ILy1C1 C.iCdGn I'2EY Co ` aAr Pnone <c~9}~o.~~-3 ~ Phone ~9aa-36 ~o Fa` a(S-vq) 301 4 - 3~ 7~'~' Fa: 2 9a?a? 33 ~ I /Pe Z ~ - itf~ - 96, Z E - 3619 96 I <S _ rs? OC77 ~1~"•~'L~ ~~n~-~ ,e ?s r- ~ ; oo ~'fz~ t~ r'~ h ~er5e~te~/1 G(J QS ~~ilit D~/'~~ - ~ c~ 40 /X,7 i~ vy ce c ,22Cl /jam-o aZ-e ~ ~ ~ / ` ~ ~ ~ CdGr-~ ~t's 6 Z0 14 ~ (P7 ~ / f~4 ~ ~e.~ ,2 W ~ ~ ~ rz~~ (INHJLE YOU 11UERE OUT ) A M ~ FOR DATETIME P M - PHONtD OF ❑ ''X RrTURNEO P H O N F0 '"aH~Lr- YOUR CALr AREA CODE NU1/16E-=~ c<'- 1510N MESSAGF FLEASc ~ALL vJAC~NLL CAME TO ufa t dccks s~+im ladders fa sc~ You Man cturer ar quai►ty bo~~ ~ WaNrs To Manufacturer of qual+ty storage buitdings ~`~l'(~ ~,,(r,~!/l'~Gi'► Z/ D~ > sEE rou _ S I G N E D crnm I n nnp ~ ~Jt~~~n0 r o5 oc, logo 00 31 An ''rOh I 10(' I zOt 4 J(' l 1 I GI 1 L I Df ~f'ti' To HOhZIZON 3MOR EIGI1 SCHOflL Rogec ]Fox9praK-ipa] South 3915 Pa.nes Raad Delm Rusca, A►.,-zt 1Princjp21 Spokane WA 99206 Lva.ac Won.g, Medm spwmlx# 5cbovl Pbom tSM 922-0" I.aN-arJ Ph= (509) 922-6W Fas (349) 92I-7003 FAX COVE]~ ~BEET , * TO •~~1I7 e l .1AX11 V Ae !1N . . FROM DATE. TnWE NIJABER QF PAGE.S (Y..nhrm.g Cover Sbed) . ~~'~3.~►A?t9lY 7~~.~eg~s E J/Iclo- 7 ~ /yg ~ ~ Z`EACEER PFIRIOD f ! FOR. if 05 oG 1990 oa -31AN rrom i ior t?ori ir 11 [ GI I L I DrprY io 932434^o r 02 ta ay 5 998 Mr MIGhae1 C Demp.SQy Cttte# Examsner Offvce ot the Hearing Exmtner Spokane CaUniy 1026 W Btoadway Spoxane Wa 39260 RE ZE 8$A 80 ZE 36A 96 Reopenmg ot public hearIrtg Dear Mike 'Cnar►k yau for the leitet usncPrnirtg ths tSSUe whether Mr arger want: ta edmd d or not itre salery ,ssues rnvolved wRh the ,ntersect,on at 4th & Evergreen are rrot beyan0 theer contrd 7rr&r deveqvpmerrt woulcf greatty Incceasg the r«k of more accioerit,; at thtg irttarsect,on Ji rekrrement proJecE dve5 not i0t21(y reSo}ve any traffic corces-ns T7iere stfl} nee(Is ta be same sic,des Rarfcxmed l am not against the deyreloprnurt of a Ratremenr Cemer a4 this sae Nowever ! do nvt be1~eye that the densYr}r and hefghc requested at trie h8adng should be apprroved The preser~ zon,ng ww e-stabirshed for a rea.son To p►atect the investmeni safmy and trrtegricy of the reGrdertlsal neightiarhood surrounding this srtelt You rrzenIiOneQ in yow lefter that ,n ordes W thts p1an to be ecconomk:aliy fmsfhte to Mr Argor they ntzd iTze =tB25E6d 4aRsrty of 136 urads approvod Who ts gorrtg to loo{c eeC the economrc feas,bilny of ihe scrtTOURQIrg fesuierriral properties? Wo ere taxpaqer's lvo+ Mr ArgP.r atso staied in hw, lctter ittat R rs oniy thelr Irilenticn to develop a rePrencnt projea ai thts sfte h is my apinaon that thzs is a badt d= ap{roach for Arger Cspha1 Cvrporaijon To get ihe zqnmg Charrge they dcske then convenfemty 0-ay that the refirstnent pro}eL't has Fdllsn thraughil Thrs woutd not be the first trma a developer has used tAts tactEc Argei g+Yes us absofuiely no gvaranteQ I wouFd like to rertesate tRai 1 am in favor af a retxemerrt eentvr at tMs stie bui da n(A p$1lLtve rhe zcxnting should Dc changed As #ar a.s the developmej7t plans go I wvuki frlcC to requcst ihdt l! 3ta sRe onry be acxQssiWe trom Evergreen raed I Deheve thts was the opginal rdea in the pte)nous ret}remeni aavelopmerrt plan 1 sirpngly belev9 th2i 2 swtu~d hearing r. nec~-~,~ar= arxi shrnrm be 5ctie-cuLod b "l~r dscusa aZ( the detaiis vf ihis proQ05a1 wRn 1he publitl Sincereiy r S 404 Evargreen Ftoad SGokane Wa 99218 MR NElL FP,4MaM Phons (bU9) g22 1996 FAX (509) 921 7003 Tn-rr,i P c~~ MAY 05 '9E 04 50PM SPC'ECO CLAIMS SPOKE P 1 ~ May 4, 1998 MICHAEL DEMPSEY 93 9"P=~ FAX TRANSMITTAL S P O KAN E CO U N i Y IP of p.ges o~ I Frorn -4.o,g Torn ~Nj~,~X \ '~~e~,,,~5~ ~ I ~CGD8D1 I 1026 W BROADWAY AVENUE Co IPh3ne0 Is~~~ SP4KANE WA 99260-0245 Fax x~~~-3a~_-~~k iFa= s ~ Commont ~ I n~ 783 V9c PQINT q IV U a s star raC mn or -ArCC'C Ca o a R e Z E-3 b A-9 6 a n d Z E-88A-80 Dear Mr Dempsey Thank you fior forwarding copies of both Mr Argers retirement housing proposal and N1r Brueggmans response to a Iraffic safety study Although the number of accidents that have occurred recently at the intersection of 4th and Evergreen is certainly of great concern, that is not my _ only objection to Mr A~r~ers' pro,ect Helght and density are big issues as tivell Since lt is imperative that the same density and height are requ2red as c,urrently proposed in the multi-family project in order for it to be feasible, I arn opposed to this project as well Our neighborhood conststs solely of single family dwellings and it is my understanding to build anything otherwlse would be detrimental to rny property values, wlzich both my husband and I have spent the past 17 years buildin$, as well as block any view of our scenic surroundings to the east I fall to understand why Mr .Arger is so adament about occupying the lots wlth multi-family housing when single family dwellinQs would be rnuch more welcomed to the neighborhood I found the method that Mr Brueggeman used to conclusion xh2L a safety traffic study was not warranted very interestincr He neglected to mention in liis letter if he saw a trend that would indicate that traffic accidents have incrzased over the past few years since Target and Safzway have bean built by going back 8 years, prior to the time that these businesses were built, c;kewzd the average MAY 05 9E 04 50PM SficECO CLAIMS SPOKE P Z I think I have made lt very clear from my testimony in both hearings that am very opposed to Mr Argers proposal tra zts past as urell as present form If you sttll see fit to allow the building of this project please give serious consideration to the building height and density beinp- currentiy proposed Sincerely, ~ K-are Cone E 13630 3dStreet Spokane WA 99216 ~ 0 ~ - ! ' Ni A'f b4 j- . ~ gY C~ m ~ S ~ S ~ cs, P CCIPC)s \cllA, Q ~ 2~' k- o f) e J eC-r-,tr e_Q ~ ~ L ~cx- v e ~ v"\ C.1 o Sv c~ C~ - sLc.ct cL c 5-~- ~ v c,\ c, ~ -0/\ o S~-~ -e ° - - - - - _ ' ~ ~ , CA, OL-k ~ 4v r s~~--~- L~ - . o-,n cS~ -~-1~ t,5 ~ aa-~O i~ C' 5 L z-P, o~A-~\ c ~Yl U Uv (-1 Ol U y1 ~ _ b e aV11 Q Li- es+ ~ G` • .~-L yYl ~Z ~ ~ e (-Z L S S tv\c Cc~. GZt C) p e c) cp e f-- , t 5u-c- c-` GS+ k Gn J to Q v_---- . ~ C, C U ry-\O-Io n CLp.D(f-cL ) 4-c~ +~iE r-n_ . / ~ ~ t ~ i 1 i i ~ , , ~ ~ 1S. Ct f 1 1 ~ ~ ~ ti ' r r L j r , `t ~ tiy~l l t 1~C~1C f . (7 1 i ~ r ~ I J ~ ~I i i ' • 1 j~~ C~ i. Z -e (Y\~~ ~ ~ Y ~ ~ 4 ~ O 1✓~.~ \ ~ ~ ^ - V) C) o ~ ~ nt OL ct Ov- , ~\-E -r- j 'h c-, CK-\.5~ o ir) N,NU~~ ~ c.~ ~ ~ ~ ~ c~..~ e CA- ~ - Ck cm (Z • ~ le U.- ~~`C~ ~ - ~ 5 C>c~t.. ~ G e /Ut/ ~.ir" ~ J O! ~ V ~ ~ . ~ cz ~ f7~ a / J 1998 8y` 05i05i9E 0E 45 5CC HllM iN do l ~ Pvst li Fax Note 7671 oates-/S-,y~ ,Pegess ~ To ~ Fro Co /Dopi ~ s7 Ca N * Ja.L" S o PI - Phone 8 Phone y .r'33-7azt 6 Fax o 3 ~ ff , 3 +FAY a £r K yq May 4, ] 9y8 Michacl C Dempsey I Iearing Fximnmer 'I'bis is ui respojise to your letter of Apr21 28, 1998, regarding the proposed project t?y Giegory Arger xt the corner ofEvergreen and Fourtli Avenue We would Ue 2ritere5ted in another publlc hearing to conslder Mr Arger's iiew proposal of a I etireineiii c.Cnier at the interSeCtlOl1 of Evergreen and TQUrtIl Aveiiuc Howevez, wt, would request a traffic analysls by a qualifed pztvate eligiiieei, as was suggested by Robert Brueggeman, Traffic Engineer, in Iiis lelter to ynu dated Apnl 30, 1998 This seeins to be the tbird project reguest by Mr Arger within the past year cnncerning tbe property xt the corner of Fvergreen and Fourth A} enue--- does he really lu)ow wbat lie wants to do with this property? Skcerely, N#wgret E Jolulsa» Walter W lohnsor 13907 E Fourth Spkane, Wa 99216 05f05f9E 08 45 SCC ADMIN 001 Post tt' Fax Note 7671 D41tp,5,,s/rl~'' ~pe~es~' 1 To u# n _ _ _ _ $r~ Frorr~,f . ~~t't S C7/~ _ ~ 1•^1 Co IDoAt Co Phons $f Phone N b iFeY0 y May 4, 1998 Michacl C I]empscy I learing Fxajniner 'Iliis is ui respulise to your Ietter of Apnl 28, 1998, regarding the proposed project by Gi egory Arger af the comer vf Evezgreen an dFowrtli Avenue We would be 1riterested in another pubiie hearing to cflnslder Mr Arger s nevv proposal of a 3 etiremeni c,Cnier at the intersectio1i of Evergreen and T ovi dz Aveiluc However, we would requesx atraffic analysis by a qualif ed private engii3ezi, as w&s suggested by Roberi Brueggernan, Traff cEngineer, in Iiis letter to you dated Apnl 30, 199$ This Seeins to be lhe th3rd project request by Mr Arger wTtbin tlle past year canccrning the property at iht, corner of Evergreen and Fourth Avenue--- does he really kjiaw wliat }ie wants to dv with this property? Sii1cerely, A.? ~ Margret E Joiu7soli Walter VV Jalinson 13907 E Fourth Spakane Wa 99216 ~ > . ~ ► 7~~%, ~ ~ P,IA y 1 19gg 8y ^OM I 10f I c..Ota Jf I I 1011 L I Df'Af Y TO 73243470 f' o1 05 OG 1700 c0 ~1Rt1 ' ITORIZOPd JMOR EIICpII Sf:HOOI. RoSerFoo:9 pruxipd South 3915 Piaes Road Denn lRusa, Amt Pnncspal Spokane WA 99206 ]inlac Worg, Me~ Spmai,st scbAxi rhout (5" g;z.6W Lbrar, Pham (54?9) 922-6W FaY 0409) 92I-7003 FA7~ ~OVER SHE1ET TO° ! ~ ~.7e~ ~ . AX ~IO VY- ]b', A'IITN , FROM ~ ~~Cds47 C Cz- i _ DATE• 0 OF ~~GES (Incla&ag GYer she!) - g~+~. t'~0~~`~° le-e, SR S-v a-CY-1 ~4, o ,47 S~ vcr ,f'~y ~i A f~eo~.~ IAA - a. . 7 TF-AcHER pBRIoD ~ FoIL 05 OG 1770 00 31RM -"ch i io~' I~ot 4 Jr I I I CI I L I Lf Af'Y TO 732434"0 r o~ . a93y 6 9 998 Mr Mlchc-tel G Derttp.SPy Chref Examtner Off'ice ot the Hearing Examiner 8pdcane Counry 1026 W eraadway Spokane Wa 99260 RE ZE 88A 80 ZE 36A 96 Reopernng of public hearlrtg Dear Mike Thank you for the letter cortcerrnng ttns t5sue whether Mr Arger warno to etdnd rt or not ttie safety issues mvolved wRh the irtterseCiion at 4ih & Evergreen are rtot beyorpQ thelr control Ttetr developttt@rtt woulcf greatiy tnctease the ri5k ot more acciaerim at thcs irtwsmion A re#irement proJect c,tues not totaily resolve any traific cancefrz There stfil needs ro bo some siu0res porformed I am not agamst the developrnerrt vf a Retrement Center at this srte Hvwcver, { do nvt believfd that the densfty 3rtd he+ght reque5ted aI ttie he3nng shoub be apptOved The presertt zornng was e.stablished for a reason To pratect the mvesimerR sateZy and Irttegrretyy of the resrderrtief . neighborhood scxroundmg this sdelt You rrrerri10ne6 in your (e#ter that in order W this plan to be KconomlWly fea.SHe to Mr Arget they need the InCt83SeG c'99nqfty of 136 unds approvad who is go+ng to loac aftar tne economrc feesibilKy of the 8vrr0uttCn feswiPntial properties? Wo are taxpapers tooF Mr ArgP.r aLso stated in his tctter ihat R+s only thefr irttention to develop afetiremCnt pro*^t at tAts sfte !t is my opirnon tha4 thzs ts a badc door approach fos Arger Cspit&l Corporation to get the aornng chartge ther de.sire theii convenlerniy aay that the ret,rement projec.t has failen throughfl Thrs wavld noi be the hrst trme a developer Mas use0 tRis tacctic Argei gires us aDsoiutety no guaraRtee ! wouki ike to rerteaie that i zn in favor nf a retiremem cerner at this 31te trut 00 nvi Deif@v6 the zontrtg shoutd Dc changed As tar as the aeYelop+nent plam go 1 would Irkc to request mat tf i;b SRe Onfy De aeraseble from Evergreen road I befieve thts was tne orQinal ydea m ihe pr9vipuS reifr8ttlent developmerrt plan I strongfy belreve that a swnnd hearing ic necce,3ar= and snwkJ tre scneouM m furttter discvss ali the details of this proposal wrth the public! Srncereiy / r. S 404 Evorgreen Road $pokane Wa 9,9216 MR NE1L FRANCOM Phone (S09) 9:22 1996 FAX (509) 921 7003 Tn-rAi P P: MAY 05 '9E 04 50PM SAFT 0 CLAIMS SPOKE P 1 e 1vlcay 4 1998 lv11CHAEL DEMPSEY FAX TRANSM(TTAL S P O KA N E C O U NTY 9 p°9e5 ( From -A,o,,q e.,N `•ov~~. j To'(~t\ LcuDeot 1026 W BROADWAY AVENUE Ca ~PhoneN SPOKANE WA 99260-0245 Fax x-3a~_-1y`)~C I Commpnt I 1o 785 Z192 PpINTFn IV u 4 t8 Hag star-C rademn ot -nfCCv^ Ca o a n Re Z E-3 6A-9 6 a n d Z E-88A-80 Deor Mr Dempsey Thank you for forwarding copies of both Mr Argers retirement housing proposal and Mr Brueggmans response to a traffic safety study Although the number of accidents that have occurred recently at tile intersection of 4th and Evergreen is certainly of great concern, that is not my only objection to Mr Argers' pro,ect He2ght an density are big issues as well Slnce it is imperative that the same density and height are requtred as c,urrently proposed in the multi-family project in order for it to be feasible, I am opposed to this project as well Our neighborhood consists soleiy of single family dvyellings and it is my understanding to build anything otherwise would be detrimental to my property values, which both my husband and I have spent the past 17 years building, as well as block any view of our scenic surroundings to the east I fail to understand why Mr .Arger is so adament about occupylnc the lots wlth multi-family housing when single family dwellings would be much more welcorned to the neighborhood I found the method that Mr Brueggeman used to conclusion that a safety trafftc study was not warranted very interesting He ne,glected to mention in lzis letter if he saw a trend that would indicate that traffic accidents have increased over the past few years since Target and Safeway have been bullt by golng back 8 years, prlor to the time that these businesses urere built, skewed the average MAY 05 '9E 04 50PM SAF--0 CLAIMS SPOKE P 2 r I think I have made it very clear from my testimony in both hearings that am very opposed to Mr Argers proposal tn its past as well as present form If you sttll see fit to allaw the building of this project please give serious consideration to the building height and density being currently proposed Sincerely, 1 Kare Cone E 13630 3`dStreet Spokane WA 99216 i !A!i!liam M, & Elizabeth K Sexton RECEIVED 623 Seuth Blake Ro2d Spokane WA 99216 S ~OKANE COUN'rY Home Phone (509) 926 0290 AFR 0 3 1998 DMSION OF BUfLDING ANp pLqNMING April 01 1998 my Division of Building & Pianning Spokane County Public Works Building 1026 West Bro2dway Spokane WA 99260 Attn Christine Chase Comments regarding the 136 unit apartment complex at 4th & Evergreen to be developed by Arger Capital Corp Public hearing to be held on April 3 1998 at 1 30 p m at the Spokane Public Works Building With an apartment vacancy rate of up to 15 percent in Spokane County at this time, another apartment complex is neither ne~ded nor warranted _ The Evergreen freeway interchange and the subsequent wdening of Evergreen 2re s#ill in the planning stage These projects are years away from reality as neither has received final approval and as a result they are not funded at this time and may never receive the funds needed to be completed In addition the proposed complex is four full blocks beyond where the widenIng of Evergreen would end That portion ofi Evergreen south of Sprague is not scheduled for any improvements and at this time is barely able to handle the current traffic IT IS AT ITS CAPACITY fVOW Please consider carefuily the current needs for housing in the area #he state ofi our roads and the inability to fund even required maintenance not to mention improvements and most importantly the quality of fife for those ppople who live wnthin the surrounding area Th2nk you for hearing our concerns and we ask again please deny approvai of this unneeded project Sincerely, ~ r //~J~ . - '-'APR 10 '9E 10:22AM S -C0 CLAIMS SPOKE P•1 ' ' • ' . SAFECO INSUAANCE COMPANIES 7L-lt5ec~~ g~a 630` SPOKANE BAANCH OFFICE r-tAll,trlG /1Dar1ESS' P.O AOX ~12G 146 10 E. SPRAGUE Ss'OKnr4E, t•:;,5►t1tvGtON 9??2p.27z~, SpOKANE, wASHiNGTOnt 992 s 6•2 199 • S `✓;r'~~~'!. , • .i~.C ~~ilit • JU S 1 FJC k)X•. Number of pages, including cover: ~ From: SAFECO Ins. Claims Dept. ~ ~i C\ Date: ~C. O Smt Ey: To: 1-800-333-6606, En. . ' Compan S~FECO CEalms Fax 509-~r? 1-50?? y-_ Fax vtunbe:: ~ d+'~1 - Phone Number. Rezarding: . ' ' COLv(E~tTS: ` • \ \ , •.~.~~y3~ _ ~ : ~ , ~ , ~ , ~ ~ ~~1.v ~.v~.~~y:~~ . \ R . \j'~ ~ • . ~ t ` J-~ v ~ ~ `.~~1'•• ~~~VL~ L ` . ~ ~ Tl1e pa!-es comprising this facsir,iile eransr►ussion contain confide-tcia! ir~f'oc~aLon. i nis infermavcn is intended solely for use by the indi-vidcal endty named as recipie:ic her-..or. If you . are noc the incended recipient, be awace chat any d.isclosure, capyinsz. distribtricn e? use oE che can;encs of this tra.risrtvssion is prehibited, ff you have received chis transr;,;ssion ir e-ror. plense nociFy us by telephone immediacely so we may arrange to rctneve tNs t; ans~ ssicn at no cc;t L o ycj. ■..~r~-..~=..•r,t...fa{a ~.r;. ..j~~~.:.rt .I%..~ a.l ~N•r!; ~~.~~i...•)t ~.act,~a ~ . :ii-•\ '"'~~~...F ..r~•.• ~J ~i~ ~1~~I' • f_ ~Y.~J.j APR 10 19E 10:2--AM S :CO CLAIMS SPOKE , P.2 . . Four hospitalized after 3-car crash At least four Spoknne residents wcre hospicaUzed after a threc-car accident in the Spoknne Vallzy Tuesday night, sherir'fs deputizs said. A man'driving an older-model Toyota eastbound on Fourth Avenue ran a stop sign at the ' intcrsection «ith Evercreen ac 9:30 p.m. and coUided wlth a car heading south, deputies said. - Before the eastbound driver could regain concrol of his vehicle, he collided with a Honda Accord heading north on Evergreen and rolled his car. Two people in thc Tovota wccc e:ttricsted and taken to Deaconess 4ledical Center. T'he drivers of the other cars also were hospitalized, deputies s,'Eid. N'ames were noc released. Neiahbar Mike Johnson, who has liVed at the intersection of Fourth and Everereen for 19 years, saici che area has alwa<<s oeen dangerous. "Ic's really a Eerrible thing," Johnson said, "but it's become s requlac demoticion derbv out he:,-.'' - - ' • ' . ' . ~ ' ~ . ~ . . . . r . . ' ' " f . • • . . . . : • . ~ • - . . . ~ : • • . . , ; _ - . . . . . . : . . . . • - . . _ . . . . ; . , , , . . - • . . . - . . . . , .i. 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' v / ~ ~ ~ n . . ~ . : ~ i ' I 1 C'GLL~ I.LJC'ti ~ I , i ~ ! _ _ . . ~ . . • 1~ • ~_'J LJ ~ ' ii ' ~ ' ^ '"r- ~ ti ` . . ~ ' • . ~ • ~ •v~~; ~ ~ i _ ^r ~ ~ '.J ~ ~ . .i . ~ y : . - • - - 1 . , _ . . - _ _ - t • ~ ~ _ v ~ _ . _ U. .v.=: t ~ ` ' ` t '~v . ! 4'~~. ~ _ ~ ~ ' ~ • y _ - • ~ - • . C ~ ~1 ~ ~ . ~ ' . ~ L . ! _ -1 ` _ . . - GA- t~ r ~ ,i _ ^ _ _f- t { _ . • • ~ ~ • - _ J ' . . _ _ ' , . . ._..~v l ~ t ; r . `T':~ . ~L : ~ L. - J G< ~r C , ~ . ' ' ` - - `L ~ ~ ` ~i.~a_ < < ( i• ~ . - , ~ . 1--~,.~ ` -4 l . 1~ - t 1. v~. vZ :~j--, ~/-.f, r-, i- . V ~ : ~ ! - - ~ • ~ • _ . ~ t-•L.. • : 1•~~- i"`. l. 'f~:~ 9' i ~ l Li~'i, \ • t ^ , t ~ ~ 1 1. l ` 'i ` . . ~j ~',1 ~ v ~ . • . . , ~ ' S i . i . ~ . ~ - 1 ~ ~ ^ . • ~ L~~. t ~ L-~` lf 1 ~'..L r l ✓ ~ v ( , G`` ' ' ` 1 L - ' ' L' ` ' t ' . • - • ~ ~ ' • i, V i _ . . : . _l : • `,4_ _ - ~ _ , r - - ~ - • - . '1 _ J - : , \1 - ~r ~ ~ . • . _ '`~t i ~ ~ ~y - • • . ~ - - . . _ _ r ~ ~ ' ~ U~ ( ' ~ _ • I . ~ r ~ ) ' • r _ . \ . . . ~ . , . . . _ I . . ~ ~ . . . _ . ~ ~ _ • . - . . • , , • ATTACHMENT C CONDITIONS OF APPROVAL , ~ RECOMMENDED CONDITIOIVS OF APPROVAL FOR ZE-88A-80 and ZE-36A-96 ,R~.~ DIVISION OF BUILDING AND PLANNING SPOKANM COUNn 1 All conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which term shall include the owner or owners of the property heirs, assigns and successors 2 The zone change applies to the following real property 3 The proposal shall comply with the Urban Residential-22 (UR-22) zone as amended 4 The applicant shall develop subject property in strict conformance with the site plan presented to the Hearing Examiner on June 12 1998 All aspects of the concept and proposal shall be binding on the development including proposed use Varrations to be approved by the Director of the Division of Building and Plannfig/designee, shall on(y be allowed to meet regulation standards and conditions of approval Any other modification must be presented to the Hearing Examiner for review and approval 5 Approval is required by the Director of the Divisron of Buiiding and Planning/designee of a specific lighting and signing plan for the described property prior to the release of any building permits 6 Direct light from any exterior area lighting fixture shall not extend over the property boundary 7 A specific landscape plan planting schedule and provisions for maintenance acceptable to the Director of the Division of Building and Pianning/designee shall be submitted with a performance bond or other suitable guarantee for the project or other suitable guarantee prior to release of buiiding permits Landscaping shall be installed and maintained so that sight distance at access points is not obscured or impaired 8 The Spokane County Division of Building and Planning shail prepare and record with the County Auditor a Title Notice specifying a future land acquisition area for road right-of-way and utilities The reserved future acquisition area Title Notice shall be released in full or in part by the Division of Building and Planning The notice should be recorded within the same time frame as an appeal and shall provide the following a At least 12 5 feet of reserved future acquisition area for road right-of-way and utilities in addition to the existing and/or newly dedicated right-of-way along 4Ih Avenue NOTE The County Engineer has required 25 feet of new dedication on ZE 88A 80 and ZE 36A 96 Division of Building and Planning Recommended Conditions of Approval 1 of 3 Evergreen Road 2 5 feet of new dedication on 4'h Avenue and the dedication of the applicable radius on Evergreen Road and 4' Avenue b Future building and other setbacks required by the Spokane County Zoning Code shail be measured from the reserved future acquisition area c No required landscaping parking '208 areas drainfield or allowed signs should be located within the future acquisition area for road right-of-way and utilities If any of the above improvements are made within this area they shall be relocated at the applicant's expense when roadway improvements are made d The future acquisition area untrt acquired shall be private property and may be used as allowed in the zone except that any improvements (such as landscaping parking surface drainage drainfield signs or others) shall be considered interim uses e The property owner shall be responsible for relocating such "interim" improvements at the time Spokane County makes roadway improvements after acquiring said future acquisition area 9 The Division of Building and Planning shall prepare and record with the Spokane County Auditor a Title Notice noting that the property in question is subject to a variety of special conditions imposed as a result af approval of a land use action This Title Notice shall serve as public notice of the conditions of approval affecting the property in question The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released in full or in part by the Division of Building and Planning The Title Notice shall generally provide as follows The parcel of property legally descrobed as is the subject of a land use action by the Spokane County Hearing Examiner or Admenistratove Ofificiai on June 12, 1998 imposing a variety of special development conditions File No s ZE-88A- 80 and ZE-36A-96 are availabie for inspection and copying in the Spokane County Division of Building and Planning 10 The applicant shall receive approval of a Certificate of Exemption for a minor lot line adJustment to aggregate the subJect tax parcels into a single tax parcel If the properties are not aggregated then the appropriate land division approvals shall be obtained for each tax parcel consistent with RCW 58 17 the Spokane County Subdivision Ordinance and all other applicabie local state and federal ordinances and development regulations as amended 11 Any division of the subJect property for the purposes of creating additional lots/parcels shall be reviewed by the Director of the Division of Buiiding and Planning/designee for compliance with the Spokane County Subdivision Ordinance and all other applicable local state and federal ordinances and development regulations as amended 12 A filed aviation easement satisfactory to the Spokane International Airport Board Fairchild Air Force Base and/or other air traffic control agency shall be provided prior to the Division of Building and Planning sign-off on a building permit 13 Building height shall be limited to a maximum of 35 feet for the west 165 feet of the subject property ZE 88A 80 and ZE 36A 96 Division of Building and Plannmg Recommended Conditions of Approval 2 of 3 ~ 14 The applicant shall contact the Division of Buiiding and Planning at the earliest stage possible in order to be informed of code requirements administered/enforced and authorized by the State Building Code Act Design and development concerns include addressing pnmary and fire apparatus access roads fire hydrantlflow approved water systems, building accessibility construction type, occupancy classification, exiting exterior wall protection, and energy code requirements (NOTE The Division of Building and Planning reserves the right to confirm the actual address at the time of building permit ) ZE 88A 80 and ZE 36A 96 Division of Buildmg and Plannmg Recommended Conditions of Approval 3 of 3 s F . ~ . ~ . ~ f • ~ . . f ~ . ♦ q ~ p ~ ~ . , ~ ~ ~ . , ~ . ~ '46 A-T io; ~ ~ CAA ~ ~ - ,t ~ ~ ~ 4~ Il f"►-6~ ~ i~_ , ~ • COLAA cg- ~ ~ ~ ' • • 4 lM # 4 ~ &AN t~ V I - " ` ~ - ~ _ - f"`r--- ~ ~ i ' ( ~ • S P O K A N E C O U N T Y OrFICt OF ThE HEARI\G EXAVt1\ER MICHAEL C DELtPSEY CHIEF EXAtiiI\ER May 12, 1998 Gregory Arger, 300 North Mullan Road, Suite 204, Spokane, WA 99206-6806 David and Susan Scott P O Box 183, Veradale, WA 99037 Neil Francom, 404 South Evergreen Road, Spokane, WA 99216 Denny and Peggy Lapikas, 13823 East 5`h Court, Spokane, WA 99216 Karen Cone, 13620 East 3'dAvenue, Spokane, WA 99216 Albert and Eileen Tams 13604 East 4'h Avenue, Spokane, WA 99216 Phll Bruni, 311 South Evergreen, Spokane, WA 99216 Walter and Margaret Johnson 13907 East 4' Avenue, Spokane, WA 99216 Lynette Bailey, 13306 East 6' Avenue, Spokane, WA 99216 Sue Mathis, 13614 East 3' Avenue, Spokane WA 99216 Jim Scott, 2312 South Bolivar, Veradale, WA 99037 RE ZE-36A-961 ZE-88A-80 . Dear Parties of Record I know you are probably getting tired of receiving letters on the above item However, please be advised that I have decided to hold a continued heanng on a revised site plan for a 136-unit retirement project and traffic analysls by a licensed professional engineer retained by the applicant to be held on Fndav, June 12, 1998, commencinQ at 9 00 a m in the Commissioner's Heanng Room Lower Level Public Works Buildinc, 1026 West Broadway, Spokane Please see Gregory Arger's letter to me dated May 11 1998 regarding the submittal of a revised site plan and traffic report I will give Mr Arger until Monday May 18 to submit these documents, which should then be available for vour perusal The County planner assigned to this matter Francine Shaw has advised me that the revisions to the sitz plan are eapected to be minor in nature I anticipate the focus of the heanna will be on the changes to the existincr site plan building height and density, and traffic impacts Iwould ask the County Traffic Engineer to attend the continued heann, if at all possible Ti niZu FLoor PUKI.(C WORlS BUII DI\G 1026 %ti'tsi Bitonu►vnNAvI-NuE Si orN\E WnSt iiticTOIJ99260 024.) Ptio\r (509) 324 3490 F% t (509) 324 3478 TDD (:)09) 324 A66 i ~ s Notice of Public Heanng ZE-36A-96/ZE-88A-80 May 12, 1998 Page Z This ls the anly notice of public hearing you wtll receive If you have any wntten comments to submit, please send them to the Division of BuiIding and Planrung, 15` Floor, 1026 West Broadway, Spokane WA, 99260 0050 Attention Francine Shaw Your comments should reference the fiie numbers for the project If you have any questions about the proposed revistons after their submittal, please contact Francine Shaw at (509) 324-32I8 Very truly yours, / Michael C Dempsey Heanng Examiner Enclosure a ~ c Francme Shaw, Division of Building and Planning Scott Engelhard and Bob Brueggeman, Division of Encrineeruig and Roads -10-98 3 20-1 Frii'+ P 2 t ~ ~ RF.t"8L ESTATEy I! IC. ~ 4.+~ Il :,C-0 N ivlullan Rd Suite 204 Spcl Zre WA 9:206 6806 (SGS) 926-531 1 CenierPo nie Buwness Park FfJ' (509) 5274823 Y1ay 11, 1998 lvl-r Niich3el C Dpm-:,psey Chief Heartng Eramirier SpoIcan.- Coi:rry 1026 W Sroa3wati y-, e Jpokane WA 99260 RE F11e No-c ZBF-36,k-96 Zr-88A 80 Dear Mike Puzsuant to yotm letter dated tilay 7 1998 A) 'V+- ;-1rd gg fair_iess cont; ct and wart yc;u Lo continu-2 ►eal"l1g (jur 70ning aCLOn B1 Vtie are obllged to subrnit to the Spokzne Cou7tv Pla=ing Dept a re%i~P Dla-nfor a 136 urut re !reme-zt prc+ject a.rd a traffic sradK,r~roQrT bv a licezsed prc:ebsiona; eilgiree'r no Iater th~s Frid2y, ylnj 15 1998 to heIp e~pec'.ite the earii~st re~~ng zate ~o;sibl~ qt th%-. heanna we wi'1 a.edrebs Ine concer~-,) Zn(i specincs of ou: gzo) erL anc an..~ver a-i} qtiestions ?'hat'Lti S'ou fot }rour co1151derat ort Wer ' ycLrs ~ - ~Lcr j B,oker - P;e$iCIC"I "a Resourceful Corrpany" CJN%Mc.KC' -%L - DEVFLOF^-1ENT - LEASINC - F.cSJDENTlAL - APFRntSAL & rt~JP`27Y lAANAZ E^ L`+~' FPUt , , l9 ~s ~~GER CO REAL ESTAlt Eq INCo , 300 N M1i an Rd Surte -,~04 SpOkane Wh s9c-Oe ba0r t%09) 92C- 531 1 CtnterF'ointe Business Pa, k FAX (509) 927-4823 Ft~X TR-A►I~SMISSION COVER I'AGE T't7 _ s anc I ce_5hauu DATE Mav 12. If498 ~~rrk~~ r.a~tr,t~ p t~~n s~z T I ME FROM _ Cr'sat`tnr-,. Q~--tZior FC1X 1tL1 f~ - xy" - NO OF PACFS (Including Col er f'age) 1 R.E F t 1 e M1o ZE- 3 6A- 9 b ZE- o fiA- 8 0 - ---e Frzncine fot fcAvinq p1ease firtd a cdpy of a Iettf-r faxed to Mike Qenps ey t aday r'egardi ng the abov e z on t rrg f i! e s ~ "A Resourceful Cvrnpany" (-0*A,MERt 1-%L + DEVELOF'ME`i -i & LEAS1NU n RESIDENTIAl. - APPRAISAE. aPRUPERT)t MANAGEtVENT c~a8 3 20 FPui 1 P 2 I ` ~v ARGER CO. RE.~L ES~"~`~°~~ INC. ;,C01Y Multan Rd Silie 204 Spcl ar,e WA 9-'206 6306 i~GS) 926-531 ' CEnterQo nte Busmess Park FaY (509) c?74823 v7ay 11 1993 Mr hsichael C' Dempsey Ch ef Heazing -zxaminer SpoIcane Courtv 1026 W Broadv►tay 4-% e Spcil ane WA 99260 RE File NcxY ZE-36A,-96 ZE-88r1-80 Dear Mike e PLusuant to yot.r letter dated'VIaN 7 1498 A} W~ find i&fau*ies,; confl ct aud want you to conbnue tipdling our zoning 3-C-von B 1 V4 e are obliged to subrnit tc.~ t.he Spokane Countv Ptar.ning Dept a 1et isP for a 136 unit re*uement project dnd a trafflc = vLevort bv a license3 proFebsionaI engineer no later Lhan Fnday, May 15 1998 to heIp exoedite the earicest heanng 3ate possible 0.t the hsa,nng we -will address the concems and speeifics of our pxo}e-ct and a.iswer an} qlieshens Th2nk you fox your couz!-iderat-on Ver ' icurs , / Z / t~regory ger ~ Broker - Presidc~,-t "A Resourceful Conrpany" CQNtMERC'AL o DEVE! GPti1EN T - I.EASltyG a FESIDENTIAL - l,PPRAfSAI ~PROPERTv MANACEMEy i 5 -1 1 -1 0-2e I? 5%PP 1 = FOt' p , f ` r- ~a ARGER CO. REAL ESTATE, INC 300 ri ASLlian Rd Cuite 204 SpoVanc 1VA 99206 6E00' (509) 926 531 1 Center?oince gustn,9s Park FAx (SOa) 927-4823 Ff#X I RANSMIS5JON COVEIt IIAGL TO ~ ranc2-1e Sbac I) A% i f N,aj 11 1998 Snckane Courty Plannint 1'lM L 1 55 F-- fROM Greeory Arpr I A.X iNU 4D C-?243 NU 01- I'ACJES (Incliding Cover Yagc) 3 RE ZZ--36A--+;,, Zr-53A-80 F'o ilowing f ind a capti of 14 504 040 of tnp Zoning Code -~Yoti ided tv me h~ ~ike Dp-lpsey {n his lttter o` *tay 7 - Please Ca?1 ta dzscuss "A Rasourreful Campany" ~-1 1-1098 12 58pt 1 FF JR1 p~ . . . _ , _ . i i Cli,apter I-& ~04 ADrILWIsTRaTrv~ D1:r~UvmvA7.otv Section 14.504 000 Interpretabon of Zoiung Text 24504024 Interp-etaban of Za-ung Map or Arienwl/Roac:'vfap 14.5CA 040 Ir►terpretabon of Z,^.tung Change Asterual/Road CKazge or Condxtional L;se Sste Developmert Pl= r.nd; o- Conchtions 14504060 AdnunLstrah ve Exceptivn 14 504 Q00 Interpretalhon of 7aning Tex4 In tztterp-ehng and ePp1Yu1$ the provLSions of thus Code the provisians hereu+ shaIl be held to be nunurum requirernents foz the promobon af the pubiic health, safety and gener,al welfare Requests to &e Departnent for rvlings andjor interpreiations as to ;lw meaning mtpnt or proper generAl appLcatio;LS of the provLstons of the Gode and impacts of apphcahors of ihe Code to deti elopaient and use cf land or structures shall be made u► wntten fo:Ta by anv u:teresied niL: en or puU~. ofhaal The Duvic-tor sball subvut a nluig or interpretation in w-ihng end :n abmely fasluon eo the persan subauthng the reques! Such interpretahons nre appeakhle u.nder the provssion.s of Sedyon 14 412 441 Tle Depwtment shall nnamta.uz a flubtsc file of allwntte- rulmgs and uiterpretehvzts a4S04 020 interprPtat2on of Zonuir Mav or Ai4enal/RoaA Mav A request for inferpretation of a zorung mep or ar=enal/rond map by c.he Depar.ment v+nth respect to - the locabon of any baundarv l.ne between zozuzlg classifxc8tions or speafics of the rute-W/raad by any interested atizen or pubLc officzal must be made u1 wntms A detezxturmbvn shaFI be made by ~ L'ie lh.-ector and the rulLng or enterpretation ahall be subautted an wnting to tl~e persvn subautasng the reqvesG Such uzterpretabans o- rul,ngs are appealable under the provzs:ors of Sechon Y4412441 _ 14 54M aSQ Intenvzpta4zon of Zotwtg Cbange, Astenai/Road Chanre or Cond:Honal U$e Site ~ Develoa:aent Plans and~or CondiisonB /'?C'~ ~W~`~&/ ~cJ The followzz~g alterahons or additions to t~,e ~rvved s:te.dev'elopment plmns for zone reclassxfacations arterial/raad change oz conditionrx! use pervuts are deenied to be aunor in nature ~ and mey be approved aciatuus4zabvel} by the Departmeztt zf the cla.~ges are xzot contrary to the adopted finduigs and cvndatao-►s 1 Addinons to bwAdmgs provxded thac the ntiaease Lr Qoor eucea zs Ie.ss thsn tm percent (10%) of the total floor ares of al: bwldings on the agproved mte develvpment pla,n and the ad6bon(s) does not exceed alloweble densitLes of the underlyu+g zone or requirements go-. enung btulding ccvezage and/ar 2 Muior adiusta►ents to bzuldmg or structure locations provYded that the aer►sity or unteenstty of use is not utcreased and does rot significantly aff~eci ad)aeent uses and/or 3 Changes ui parkng areas p-oviLded that advpted regulations and candlbons are met, and/or 4 Modificatiom m landscepe pl,ars provided that reqcured peroenteges of landscapuzg or open spece aze net reduc¢d below hose prescr:bed sn ttus Code or 8s appruvcd by c.e Hearmg Body and f ar 5 Gkanges sn use Eor a zone rec38ssificahon, prnvzded that documentebon is subautted that th-e =paets acrd intensity of the proposed use are equel to oz less m nature than the or:ga-taIlY approved use or the surronndmg l8nd use ss deeerzruned b} tlle Zorung Admnu.strator b The change meets the purpose cf Aztenal/Road Overlay text and map and the Co,unty &gLne,~r m3zcates the d%ange(s) wL1 mee roadway design and construction stendeirds eia3 vnIl not dinzuush the function of the e;,wting or fueure roadway Chopter 14504 Zotung Code Ti....►oA MpTr-S+ 10W. Pano 41 r%f Grn3rs+no C'n»ntv ftL'' 12 :Dup?+ '"_Rlrlf I F _ rt { ~'t%=Ps "o avproved see dev-0opment pl.=s other thar+ those lvted aL-oN e h°-.Il rea.u.^2 ap: 1,12c k%e-A.-rues beto-e Lhe rieuastg Body As4y person a.ggneved by an mterg-etabon regarding the five (5) r=curri.s.onces Lsted abc>z e msy appeal rmtd uxterpreta5on to the Heanng Dody under Sec..-txon 14 4I2041 14 Sik W ,4-_4=frtzsfs&txve Exce»timn Tlip gr$xi,barg or denyzng of a.a aduur,rstrative exceptLan puM.~~..~t to Cliagter 14 505 u az~ adrn,a.r.stratLvp determa.rmbon sub,e& tv appea1s a.s spec3ned m Sett2on 14 412 041 ~ ~ . l Cbapter 14-SU ian.-tg Code Pruzted Mptrch 194b Pgge 44 of S,pAane County ( ~ r , S P O K A N E , a~ C O U N T Y i O riCE OF T'-iE HE4Rt\G EXAV11IvER MICHAEL C DEMi'SEY CH1EF EXAMINtR May 7 1998 Arger Capital Corporation c/o Gregory Arger 300 North Mullan Road, Suite 204 Spokane, WA 99206 6806 RE File Nos ZE-36A-96, ZE-88A-80 Dear Applicant Please find enclosed copies of five Ietters I received from neighbonng property owners regarding your proposal to convert the current project in the above files to a retirement project As you can see, there is some interest in this altemative although there are continued reservations regarding traffic impacts, density and building heights I have a few concerns with proceeding on the retirement project altemative One, I do not ~ know what the design of such project would be compared to the design of the onginal proposal If the design of the retirement project would basically constitute a maJor alteration or addition to the current site plan under Section 14 504 040 of the Zonin~ Code (copy enclosed), a new application would likely be requlred Thts would v particularly be the case consideruig opponents of the onginal project have reservations - regarding the retu-ement proJect altemative The second concern has to do with an appearance of fairness issue in my deciding, this case, considenng my disclosure of a prevlous accident at 4`h and Evergreen I fran.k]y did not feel this occurrence bore rnentioning until additional information came out regarding a recent, senous accident at the same intersection If you have concerns that I cannot be fair in decidinc, the issues in the case, Iwould consider disquaLfying myself and having the record reviewed by another heanng examiner for decision If this is the case you need to let me know immediately If you would not like to pursue the retirement project altemative at this time and are comfortable wlth my continuing involvement in thls matter, I wiIl proceed to make a decision on the onginal proposal based on the information in the file at this time Please let me l.now your position in wnting by the close of bustness on Monday, May 11 1998 Very truly yours MIC110,-al ( a ti ~7 ~ Michael C Dempsey Heanng Examiner 7'i niu) Fi cOrz PLiai tc WoRks BuiLui\c 1026 WCST BROnDtvNYAvL\Ut' Sivk N`ti WXS1 it\GToN 99260 0243 PHO`E (509) 324 3490 F%ti (->09) 324 3475 TDQ (509) 324 3166 ( ZE-36A-96/ZE-88A-80 May 7, 1998 Page 2 Enclosures c Francine Shaw, Division of Building and Planrung Scott Engelhard and Bob Brueg;eman, Spokane County Division of Engineenng David and Susan Scott, P O Box 183, Veradale, WA 99037 Neil Francom, 404 South Evergreen Road, Spokane, WA 99216 Denny and Peggy Lapikas, 13823 East 5`hCourt, Spokane, WA 99216 Karen Cone, 13620 East 3"dAvenue, Spokane, WA 99216 Albert and Eileen Tams, 13604 East 4" Avenue, Spokane, WA 99216 Plul Bruru, South 311 South Evergreen, Spokane, WA 99216 Walter a.nd Margaret E Johnson, 13907 East 4" Avenue, Spokane, WA 99216 Lynette Bauley, 13306 East 6' Avenue, Spokane, WA 99216 Sue Mathis, 13614 East 3"dAvenue, Spokane, WA 99216 Jim Scott, 2312 South Bolivar, Veradale, WA 99037 1 S P O K A N C_ O U N T Y OFFICE OF Tr{E HEAR[NG EYAvtIVER MICHAEL C DE'4t'SEY CH1EF EXA\1I\ER Apnl 17, 1998 Ar~er Capital Corporation c/o Grea, Arger, Prokey Arger 300 North Mullan, Suite 204 Spokane, WA 99206 RE ZE-88A-80 ZE 36A 96, Reopening of public heanng Dear Applicants Please be advised that I am considering reopening the record in the above matter to consider the traffic impact of the proposal on the intersection of Evergreen Road and Fourth Avenue On Apnl 8, 1998 the Heanng Examiner received a messa~e from Neil Francom, who lives adjacent to intersection, that there had been an accident at the intersection ofFourth Avenue and Evergreen Road On Apnl 10, 1998, the Hearuig Examiner received a facsimile from Karen Cone, who lives near the site, which included a copy of a newspaper article The article indicates that on Apnl 7, 1998 a senous accldent occurred at the intersection of Fourth and Evergreen, in which at least four persons were hospitalized The accident occurred when a car headed eastbound on Fourth Avenue went through the stop sign at the intersection and struck a car goinc, south The article quotes neighbor Mike Johnson, who lives at the intersection, as sa}nng that this has always been a dangerous corner Not disclosed previously is the fact that the Heanng Exanuner was involved in a rivo-car accident at the same intersection within a month or so after heanng the applicant's prevlous proposal in ZE-36-96 The Examiner's personal vehicle was headed westbound on Fourth Avenue went through the stop sign on Fourth Avenue, and was struck by a car heading southbound on Evergreen This non-inJury accident occurred dunng daylight hours, while the Examiner was going to work and after visiting a site near Adams Road Whlle it was snolvincy at the time, the pnmary cause of the accident was lack of attention The Examiner concludes that it is best to disclose the fact of this accident rather than nsk having such event potentially affect the Examiner s decision without input from the applicant The letter from Neil Francom in the file indicates that there have been many accidents at this intersection, and that the house across from his property has been hit and damaged by cars three times tn the past four years Other letters in the file express concern over traffic impacts at this intersection The Examiner speculates that the problem at this intersectioiz may be that Evergreen Road is a busy Pnncipal Artenal, Fourth Avenue is a moderately busy Collector Ti iuM FLOoit PuBLic WoRKs Buir ot\G 1026 Wts-r Bt(o Xo+vnY A'Vt VLc Sr o,n\t 1Vn511r\cro\ 99260 024:) PftoM (509) 324 3490 f n~ (509) 324 3478 TDD (509) 321 3166 ( Request to Reopen Public Heanng ZE-36A-96/ZE-88A-80 Apnl 17, 1998 Page 2 Artenal that allows a fairly free flow of traffic to the east and west and the stop signs come as a bit of a surpnse if you are not dnving with care Karen Cone submitted informatlon at the public heanng (received from County Engineenng) that traffic counts have increased significantly over the past few years, in part due to the construction of the new Target and Safeway stores at Evergreen and Sprague Avenue Similar testimony was offered by County Engineennclr at the public heanng in ZE-36-96 See Heanng Examiner decision in ZE-36-96, p 7 The traffic unpacts from the project approved by the Heanng Examiner in ZE-36-96 were miti~ated by the fact that the applicant was proposing retirement housing Retuement housing generates about one-fifth the peak hour tnps than general multi-family housing, according to testimony by County Engineenng at the public heanng in ZE-36-96 See Heanng Eaaminer final decision in ZE-36-96, p 7 The Examiner's decision in ZE-36 961imited the number of units on that respective site to 34 welling units The applicant now proposes 52 dwelling units of general multi-family housing on the ZE-36-96 site, wluch will obviously have a much greater traffic impact than the project approved previously in ZE-36-96 In addition to this, the applicant wants to add 84 uluts of general multi-family housing to the adjacent site in ZE-88A-80 The consolidated project will access both Fourth and Evergreen and unpact the subject ultersection Based on County Engineenng testimony submiited at the public heann~ in ZE-36 96, 136 units of general multi-family housing would generate 61 peak hour vehicular tnps in the a m peak hour and 68 tnps in the p m peak hour See Heanno, Examiner final decision in ZE-36-96, p 7 This appears to be a substantial number of new peak hour tnps at this location Neither the applicant nor County Engineenng conducted any traffic study or analysis of the traffic impacts from the project The Environmental Checklist does not even attempt to estimate the number of vehicular tnps from the project The dedication of nght of way and road improvements required along Fourth Avenue for the project will help lessen congestion but do not address the impacts at the subject intersection The County plans to widen Everareen Road to a five-lane section south of Sprague Avenue by the year 2002, but there is some question whether the improvements will be camed all the way to Fourth Avenue The appIicant is required to dedlcate naht of way along Evergreen Road, which would facilitate such County road project The 1981 rezone in ZE 88-80 does not grandfather in the applicant s project regardino, road improvements This decision expressly withholds County Engineenng conditions until a specific site plan is submitted That has now occurred with the application in ZE-88A-80 and the additional traffic impacts from the proposed uruts in ZE-88A-80 must be fully considered This is not to say that the applicant can be required to mitigate a pre existing failing level of service at the subject intersection if it is shown to exist The Elaminer is not allowed to consider ex parte information such as the fact of the Apnl 7, 1998 accident at the subJect intersection or the Examiner's own accident, without cyivincr an opportunity for affected parties to rebut the substance of the ex parte information The only parties expressina support for the proJect were the applicants The Heanng Examzner Rules of l 1 Request to Reopen Public Heannc-,, ZE-36A-96/ZE-88A-80 Apnl 17 1998 Page 3 Procedure (County Resolution No 96-0294) authonze the Examiner to reopen the heanna or record to address such matters Such rules also authonze the Examiner to reopen a heanng to take additional testimony or evidence, or for other compelling cause, provided a final decision has not been entered The Examiner is required to give five (5) days notice of such reopened heanng This is obviously an unusual situation The Examiner has decided to proceed by glving the applicant (Arger Capital Corporation) at least a week to respond in wnting why the heanng should not be reopened to consider the new information on traffic accidents at the intersection of Fourth and Evergreen, and a revisitincr of the traffic issue Such comments must be in wnting and received by the Examiner's office no later than Apnl 24, 1998 Documents may be sent by facsimile at (509) 324-3478 If the applicant needs more time to respond, I will alIow it upon request If a new heanng is held, it would be specially and expeditiously set and be linuted to the traffic issue alone Very truly yours, - ,Z 1 'P ~ Michael C Dempsey Heanng Examiner w c Parties of Record (see list below) Scott Engelhard, Division of Engineenng and Roads Francine Shaw, Division of Building and Planrung Enclosures to applicants (message from Neil Frank, fax from Karen Cone) Parties of record include the following persons David and Susan Scott P O Box 183 Veradale, WA 99037 Neil Francom South 404 Evergreen Road, Spokane, WA 99260-0050 Denny and Pegg}r Lapikas, 13823 East 5`hCourt, Spokane WA 99216 Karen Cone, East 13620 3'dAvenue, Spokane WA 99216 Albert and Eileen Tams, East 13604 4" Avenue, Spokane, WA 99216 Phil Bruru, South 311 Evergreen Spokane, WA 99216 Margaret E Johnson, East 13907 4`hAvenue, Spokane, WA 99216 Lynette Bailey, East 13306 6`hAvenue, Spokane, WA 99216 Sue Mathis, East 13614 3`d Avenue, Spokane, WA 99216 Jim Scott, South 2312 Bolivar, Veradale, WA 99037 tiValter W Johnson, East 13907 4" Avenue, Spokane WA 99216 4 A ~ i i 1~ y C O U N T Y S P O K A N E OFFICE OF THE HEARING EXAMI\ER MICH4EL C DEMPSEY CHIEF EXAti1I\cR Apnl 28, 1998 David and Susan Scott P O Box 183, Veradale WA 99037 Neil Francom, South 404 Evergreen Road, Spokane, WA 99260-0050 Denny and Peggy Lapikas, 13823 East 5~' Court, Spokane WA 99216 Karen Cone, East 13620 3dAvenue, Spokane WA 99216 Albert and Eileen Tams, East 13604 4`h Avenue, Spokane, WA 99216 Phil Bruni, South 311 Evergreen, Spokane, WA 99216 Margaret E Johnson, East 13907 4`hAvenue, Spokane, WA 99216 Lynette Bailey, East 13306 6`h Avenue, Spokane, WA 99216 Sue Mathis, East 13614 3`d Avenue, Spokane, WA 99216 Jim Scott, South 2312 Bolivar, Veradale, WA 99037 Walter W Johnson, East 13907 4~' Avenue, Spokane, WA 99216 _ Scott Engelhard and Bob Brueggeman, Spokane County Division of Engineenng RE ZE-36A-96, ZE-88A-80 Dear Parties of Record O Please find enclosed a copy of a letter dated Apnl 23, 1998 (with attachment) from Gre.1-Y.ory Arger on behalf of the applicant, which letter responds to my previous letter re~arding traffic concerns at Evergreen and Fourth Avenue for the above project Last week I accepted a telephone call from Mr Arger, who wanted to know if I would entertain approval of a retirement center on the site, which he felt would be more acceptable to the neighborhood and would have considerabIy less traffic impact than the general multi-housing project presented at the recent heanng in the above matter He explained that he had recently received an inquiry from a developer of retirement housincy, who expressed a strong interest in developing such a proJect on the site Mr Arger s letter explains that he would still need the 136 un~ts, density and buildin~ heights proposed earlier to make the retirement project economically feasible Mr Arger also told me over the telephone that the design of a retirement center on the site would differ somewhat from the current design with the retirement cen#er probably occupying the center of the site, as is typical of such housing If the retirement center does not work out, vir Arger would agree to do a traffic study for the general multi-family project However he needs an answer on this relatlvely quickly to avoid losing the retirement center proposal Ti iiiiu Fi oou Pui;uc WoUs Bun oinc 1026 1VcsT BitoADtivM A~ ~\Ljl Sr or.n\r W NsHIvGTOti 99260 0243 PHO\F (509) 324 3490 I' \ t (509) 324 3478 TDD (309) 321 3166 Request for Comments ZE-36A-96/ZE-88A-80 Apnl 28, 1998 Paje 2 The purpose of this letter is to solicit your interest in Mr Arger s proposal Most people find a retirement center to be much more appealing than a comparably sized general multz-family project If there is substantial znterest in ttus alternative, I will expedrtiausly i schedule a bnef public heanng to consider the same I am also by #his letter requesting the Spokane County Traffic Engineer to c+ansider promptly evaiuating traffic safety candztions at the mtersection of Fourth and Evergreen, in light of the number of accidents that have occurred at such intersection recently and over the past few years, as discussed in my previous letter The Traffic Engmeer should indicate whether the County is willing to do this, and how soon it could be done PIease be advised that last week my I office was advised by Susan Scott and by Neil Francom af yet another accident occumng at this intersect7on, this tune a three-car injury accident occumng on the afternoon of i Apn123, 1998 See attached copy of facs=le dated 4-23-98 from Susan Scott Your comznents must be zn wnting and received by the Examiner's office no later than I May 6, 1998 Documents may be sent by facsunile at (509) 324-3478 This mciudes the respanse by County Engineenng ~ Very truty yours 41644) c &rc Mlchael C Dempsey Heanng Examiner c Gregory Arger, 304 North Mullan Road, Suite 204, Spokane, WA 99206-6806 Francine Shaw, Division of Buildincy and Pla.nrung Enclosures d- 2d-1 g98 2 35PM FROI-1 P 1 CAP-7-A~ C0VP0QA_'__0N ~ iNVESTMENT a DEUELOPMENT ~ FINANCE Apri123, 1998 Mr Michael C Dempsey, Chief Examiner Office of the Heanna Exanuner Spokane County 1026W Broadway Spokaxie, NVA 99260 Facstmile Transrnit#al 324-3478 RE ZE-88A-80, ZE-36A-96, ReopeninJ of pubhc hearmg Deax Mzke Thank you for answenn; my questions vn the telephone regardLnga your letter referenced abave The safety issues whether due to weather, Iack of attention, or other are beyond oLr control In hvpes of rrutigati,ng the traffic issues we hereby request ihe following Your imrnediate approval is hereby requested to allvw the develapment of a Retirernent Center with the same d~,~sity as requcsted at the heanmg, 136 umts Retar=ent housing aenera'tes about one-fifi'h t~ie peak hour tnps than general muln-famlly housin~, accordin.~to tesumony by Cou:aty Engineenng at the public heanng zn ZE-36-96 A retirement project totally resol"es an3 tiraffic concezns It is imperative that the density and height as prooosed be approvEd m order for the ret2rernent project to be feasible Please respvnd as soon as apphcable Our design, cntena wilt meet or exceed alI County standards for ITR22 zone designation Zt ls our intention to develop a retirement project, however in the evznt the propased transactian does not deNt elop as planned, zve further l2ereby request an additional 60 days to hxre a prafessional en;rneer to strictly research the level of traffic unpact for 3 136 unit multz-family proa ect We hav e a stron~ reputatian and a firm track record ~n comDlyin~ ~1Tith County requirements and zn fact are leadzrs in the commuruty in our development deslps Sin rely ~ e0ory Exhzb7t 1995 Traffic Caunt Atlas Center Pointe Business Park e, 300 North Mullan Road Suite 204 Spokane WA 99206 6806 FAX (509) 927 4823 Phone (503) 926 5311 ~ ~ a-23-1998 A A2o~t FRGr aRK I NC 15P-°G223359 P1 ~ ~ P O Box 183 5 205 Evergre.. l"An Rd - Veradale VVIt~A 99037 • (509) 922-361 O ~Date,//~3/~~ I#~9t, ! Fr°n'~1S?t7 cSCa"~ C-.oJDeop~~ ~karzs~q exaFrnfirr~C° L~r~r C5~rG p,o,'a 3a~ -3 ~ 9,0 Phone 99,,a-36 fD , Fax a~~.J 3014 4r-~ 7~''- Faz # lPG Z E 96 r'a D i lhe-,--~ e rs? r~G-T7 f~ 74-// i~ APrsecIt~~ ~ . ~67 CCC~~2.~ Lf~/~G7 / ~Ur«,S ~ F ,'fa lJ`e- 62~ '7~ I-es ~ G el ,f~D~' 17 Z~ ~t~ I~ ~ ~ (WHILE YoU WERE OUT) 1 * FOR OATE 7"!ME P M FHaNEo OF ' [j rvc FsETURSVEO PH t7 N FC] MaB'L YOUR GALL As~~ cooE NU'b1HER E.c-ENs1oN F+ =,asECnL~. MESSAG~ 4D4 ~%r 4t:,~--E'J'1 Wac~rav`"L carAE To r r?~~ SEE YOU b JANTS 7O EVfanufacturat of qual►ty bc3at dacks s1vim laddets ta ~ Manufacturer oi quafriy storage buildings ~`,,V7, I~•~(v1~'~~`, 1 sEi Ypu `SIGNED Gn a,n ,annR J I S P (D K A N E „ . OFFICE OF THE HEARIVG EXAMIi`'ER MICHAEL C DEMPSEY CH[EF EXAVSINER May 1 1998 Gregory Arger, 300 North Mullan Road, Suite 204 Spokane WA 99206-6806 Davld and Susan Scott, P O Box 183, Veradale, WA 99037 Neil Francom, South 404 Evergreen Road, Spokane, WA 99260-0050 Denny and Peggy Lapikas, 13823 East 5" Court, Spokane, WA 99216 Karen Cone, East 13620 3~d Avenue Spokane, WA 99216 Albert and Eiieen Tams, East 13604 4" Avenue, Spokane, WA 99216 Phll Bruni, South 311 Evergreen, Spokane, WA 99216 Margaret E Johnson, East 13907 4" Avenue Spokane, WA 99216 Lynette Bailey, East 13306 6d' Avenue, Spokane, WA 99216 Sue Mathis, East 13614 3`dAvenue, Spokane, WA 99216 Jim Scott, South 2312 Bolivar, Veradale, WA 99037 Walter W Johnson, East 13907 4`hAvenue, Spokane, WA 99216 O RE ZE-36A-96, ZE-88A-80 Dear Parties of Record . Please find enclosed a copy of a letter dated Apn130, 1998 from Robert Brueggeman, Traffic Engineer, which letter responds to m-u Apn128, 1998 letter regarding traffic concerns at Evergreen and Fourth Avenue for the above project Your comments must be in wnting and received by the Examiner s office no later than May 6, 1998 Documents may be sent by facsitrule at (509) 324-3478 This includes the response by County Engineenng Very truly yours, ~ MichaeI C Dempsey Heanng Examiner c Francine Shaw, Division of Bwlding and Planning Scott Engelhard, Division of Enaineenno, and Roads Enclosure T! IIRD Fl m-)( PUULIC WORkS BUILDIIG 1026 WFS7 Bno %nwnY A~ LNLE SroK~%T: WnsI iiNcTOV 99260 0245 PH0\E (509) 324 3490 Fvr (D09) 324 3478 TDD (:)09) 324 3166 ~ . ~ , APR 3 0 1998 A ot~ (iL~ ~ ~ BY ,1 61 Q l1tiUZ~ S P O K A N E C O U N T Y DIVISION OF EtiGI\tEER1VG AND ROADS ~ A DIV1510N OF THE PUBLIC WORKS DEPARPAEVT W illiam A Johns P E County Engineer Dennis M Scott P E Director April 30 1998 Michael C Dempsey Spol.ane County Hearing Examiner 1026 W Broadway Avenue Spokane WA 99260 RE ZE-36A 96 ZE 88A 80 Dear Mr Dempsey " In response to your April 28 1998 letter the following information is provided The vehicular traffic volumes recorded in 1997 for the intersection of Fourth Avenue and Evergreen Road are north leg - 6 321 south leg - 7 395 east leg - 2477 - west leg - 1 574 each being a bi-directional total This intersection has experienced a five (5) percent annual growth in vehicular volumes on Evergreen Road and a zero (0) percent annual growth in vehlcular volumes on Fourth Avenue over the past few years This gro~vth is consistent with that of sunilarly classified arterials in this area This intersection has also experienced as few as zero (0) and as many as five (5) automobile crashes annually for an average of slightly under two (2) crashes per year for the past eight (8) years In light of the above information this intersection is currently appropriateIy controlled by a two way stop [raffic control and has adequate available sight distance Any traffic analysis for this or other proposed projects should be performed by a qualified private engineer rather than the reviewing agency Very truly yours William A Johns P E Spokane County EnQineer ` •E%J~f Robert F Brue~f man P E Traffic Engineer 1026 Broadway Ave Spoka.ne WA 99260 0170 (309) 4:)6 3600 FAX (509) 324 3478 TDD (A9) 324 3166 ~ ~ I ~ s , S P O K A N U N T Y _ _.s.~ . OFFICE OF THE HEARING EXAtitJNER MICHAEL C DEviPSEY CHIEF EXAtifINER May 1, 1998 Gregory Arger, 300 North Mullan Road, Suite 204 Spokane WA 99206-6$06 David and Susan Scott, P O Box 183, Veradale, WA 99037 Neil Francom, South 404 Evergreen Road, Spokane, WA 99260-0050 Denny and Peggy Lapikas, 13823 East 5`h Court, Spokane, WA 99216 Karen Cone, East 13620 3`d Avenue, Spokane, WA 99216 Albert and Eileen Tams, East 13604 4~' Avenue, Spokane, WA 99216 Plul Bruni, South 311 Evergreen, Spokane, WA 99216 Margaret E Johnson, East 13907 4`hAvenue Spokane, WA 99216 Lynette Bailey, East 13306 6hAvenue, Spokane, WA 99216 Sue Mathis, East 13614 3'd Avenue, Spokane, WA 99216 Jim Scott, South 2312 Bolivar, Veradale, WA 99037 Walter W Johnson, East 13907 4" Avenue, Spokane, WA 99216 RE ZE-36A-96, ZE-88A-80 Dear Parties of Record Please find enclosed a copy of a letter dated Apn130, 1998 from Robert Brueggeman Traffic Engineer, whuch letter responds to my Apn128, 1998 letter regarding traffic concerns at Evergreen and Fourth Avenue for the above project Your comments must be in wnting and rzceived by the Examiner's office no later than May 6, 1998 Documents, may be sent by facsimile at (509) 324-3478 Tlus includes the response by County Engineenng Very truly yours, r 1~z CJ Michael C Dempsey Heanng Examiner c Francine Shaw, Division of Building and Planning Scott Engelhard, Division of Engineenng and Roads Enclosure Ti nnm Ft ooij Puni ic WoiZks Bun D11,c 1026 Wrsr Bronn~v 1,YAvi NuF S[okntii Wnst11,GTOV 99260 024D Pfio~r (509) 324 3490 Fn\. (:)09) 324 3478 TDD (509) 32z 3166 , . APP 3 0 1998 ' By ~tcG~u yI ~Q !1 c.c%~, S P O K A N E C~ O U N T Y DIVISIOV OF ENGItiEERIVG AND ROADS m A DIVISION OF THE PUBLIC WORkS DEPARTVtEVT William A johns P E County Engineer Dennis Ivf Scott P E Director April 30 1998 Michael C Dempsey Spokane County Hearing Examiner 1026 W Broadway Avenue Spokane WA 99260 RE ZE 36A-96 ZE-88A 80 Dear Mr Dempsey In response to your April 28 1998 letter the following mformation is provided The vehicular traffic volumes recorded in 1997 for the mtersection of Fourth Avenue and Evergreen Road are north leg 6 321 south leg - 7 395 east leg 2 477 west leg 1 574 each being a bi directional total This intersection has experienced a five (5) percent anriual growth ui vehicular volumes on Evergreen Road and a zero (0) percent annual growth in vehicular volumes on Fourth Avenue over the past few years This growth is consistent with that of sunilarly classified arterials in this area This intersection has also experienced as few as zero (0) and as many as five (5) automobile crashes anuually for an average of slightly under two (2) crashes per year for the past eight (8) years In light of the above informatton this intersection is currently appropriately controlled by a nvo way stop traffic control and has adequate available siVQht distance Any traffic analysis for this or other proposed projects should be performed by a qualified private engineer rather than the reviewing agency Very truly yours William A Jolins P E Spokane County Engineer ~t~ Robert F Brueg~e /man P E Traffic Engineerv 1026 IV Broadi a} Ax e Spokane bVA 99"60 0170 (509) 456 3600 FAX (509).324 347S TDD ( 09} 314 3166 T T w ~ e ~ OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478 "EI~~~ER' S CONDITIONS OF APPROVAI," 7.E _ TO Spokane County Planning Departme t I FROM Division of Engineering & Roads ~ DATE March 24, 1998 PROJECT UR-22 C O C COMBINE TWO SITES INCREASE DENSITY FILE # ZE-0036A-96 and ZE-0088A-80/ Hearing 04/01/1998 Q 130 #3 Review Date 01/22/1998 Y @ # Sponsor/Applicant GREG ARGER Section Township Range 22-25-44 Planner FRANCINE SHAW Technical Review Date ( @ ) The Spokane County Engineering Department has reviewed the above referenced application The following "Conditlons 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 Prior to issuance of a building permit or at the request of the County Engineer in conjunction with a County Road Project/Road Improvement District, whichever comes first 1 Applicant shall dedicate 25 feet on Evergreen Road, 2 5 feet on qtn Avenue and the applicable radius on Evergreen Road and 4t'' Avenue Prior to release of a building permit or use of property as proposed 2 Access permits for approaches to the County Road System shall be obtained from the County Englneer 3 Applicant snall submit for approval by the Spokane County Engineer road, drainage and access plans 4 A parking plan and traffic circulation plan shall be submitted and approved by the Spokane County Engineer The design, location and arrangement of parking stalls shall be in accordance with standard engineering practices Paving or surfacing as approved by the County Engineer wi11 be requlred for any portion of the project which is to be occupied or traveled by vehicles CC Applicant GREG ARGER Engineer/Surveyor Planner FRANCINE SHAW ~ Y r y 7 Page 2 of 2 04/O1/199Y ZE 0036A 96 and ZE 0088A 80 5 The construction of the roadway improvements stated herein shall be accomplished as approved by the Spokane County Engineer 6 The County Engineer has designated a Collector Arterial Roadway Section for the improvement of 4Lh Avenue which is adjacent to the proposed development This will require the addition of approximately 8 5 feet of asphalt along the frontage of the development Curbing and sidewalk must also be constructed 7 All required improvements shall conform to the current State of Washington Standard 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 8 The applicant shall construct a paved and delineated approach to meet the existing pavement on Evergreen Road 9 Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners resolution 95-0498 as amended and are applicable to this proposal 10 No construction work is to be performed within the existing or proposed right of way until a permit has been issued by the County Engineer All work within the public road right of way is subDect to inspection and approval by the County Engineer 11 Al1 required construction within the existing or proposed public right of way is to be completed prior to the release of a building permit or a bond in an amount estimated by the County Engineer to cover the cost of construction or improvements shall be filed with the County Engineer 12 The County Arterial Road plan identifies 4t'' Avenue as a 70 foot Collector Arterial The existing right of way width of right-of-way measures 20 feet in width and is not consistent with that specified in the Plan In order to implement the Arterial Road Plan it is recommended that in addition to the required right of way dedicatlon, a strip of property 12 5 in width along the 4th Avenue frontage be set aside in reserve This property may be acquired by Spokane County at the time when Arterial Improvements are made to 4 t" Avenue . ► Page 3 uf 3 09/O1/1998 ZE 0036A 96 and ZE 0088A 80 13 The applicant should be advised that there may exist utilities either underground or overhead affecting the applicants property, including property to be dedicated or set aside future acquisition Spokane County will assume no financial obligation for adDustments or relocation regarding these utilities The applicant should check with the applicable utilities and Spokane County Engineer to determine whether the applicant or utility is responsible for adjustment or relocation costs and to make arrangements for any necessary work 14 The applicant shall grant applicable border easements adjacent to Spokane County Right of Way per Spokane County Standards e ~ Kimball, Sandy - ~ From Hemmings Bill Sent Monday March 09 1998 12 54 PM To Shaw Francine Cc Engelhard Scott Pederson John Harper Pat Kimball Sandy Franz Dean Subject ZN 88A-80/ZE 36A 96 Arger Corp 3998 I received the above referenced DNS on March 6 1998 We have no new comments on this proposal at this point in time ~W'W Page 1 -4 . r ` d OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478 _ "ENGINEER' S C9NDITI01, QF APPROVAL" . UNE TO Spokane County Planning Department ~ FROM Division of Engineering & Roads ~ ~ DATE January 26, 1998 PROJECT UR-22 C O C COMBINE TWO SITES INCREASE DENSITY FILE # ZE-0036A-96 / Hearing @ # Review Date 01/22/1998 Y @ # Sponsor/Applicant GREG ARGER Section Township Range 22-25-44 Planner FRANCINE SHAW Technical Review Date ( @ ) The Spokane County Engineering Department has reviewed the above referenced application The following "Conditions of Approval" are submitted to the Spokane County Planning Department for inclusion in the "Findings of Fact, Conclusions and Order/Decision" should the request be approved Prior to issuance of a building permit or at the request of the County Engineer in conjunction with a County Road Pro]ect/Road Improvement District, whichever comes first 1 Applicant shall dedicate 14 feet on Evergreen Road, 2 5 feet on Fourth Avenue and the applicable radius on Evergreen Road and Fourth Avenue The applicant shall grant applicable border easements adjacent to Spokane County Right of Way per Spokane County Standards Prior to release of a building permit or use of property as proposed 2 Access permits for approaches to the County Road System shall be obtained from the County Engineer 3 Applicant shall submit for approval by the Spokane County Engineer road, drainage and access plans 4 A parking plan and traffic circulation plan shall be submitted and approved by the Spokane County Engineer The design, location and arrangement of parking stalls shall be in accordance with standard engineering practices Paving or surfacing as approved by the County Engineer will be required for any portion of the project which is to be occupied or traveled by vehicles CC Applicant GREG ARGER Engineer/Surveyor Planner FRANCINE SHAW ~ A ~ Page 2 0t 2 ZE 0036A 96 5 The construction of the roadway improvements stated herein shall be accomplished as approved by the Spokane County Engineer 6 The County Engineer has designated a 5 Lane Principal Arterial Roadway Section for the improvement of Evergreen Road which is adjacent to the proposed development This will require the addition of approximately 24-26 feet of asphalt along the frontage of the development Curbing and sidewalk must also be constructed 7 The County Engineer has designated a Collector Arterial Roadway Section for the improvement of Fourth Avenue which is adjacent to the proposed development This will require the addition of approximately 8 5 feet of asphalt along the frontage of the development Curbing and sidewalk must also be constructed 8 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 9 Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners resolution 95-0498 as amended and are applicable to this proposal 10 No construction work is to be performed within the existing or proposed right of way until a permit has been issued by the County Engineer Al1 work within the public road right of way is subject to inspection and approval by the County Engineer 11 All required construction within the existing or proposed public right of way is to be completed prior to the release of a building permit or a bond in an amount estimated by the County Engineer to cover the cost of construction or improvements shall be filed with the County Engineer Page 3 of 3 ZE 0036A 96 12 The County Arterial Road plan identifies Evergreen Road as a 100 foot Principal Arterial The existing right of way width of 50 feet is not consistent with that specified in the Plan In order to implement the Arterial Road Plan it is recommended that in addition to the required right of way dedication, a strip of property 9 feet in width along the Evergreen Road frontage be set aside in reserve This property may be acquired by Spokane County at the time when Arterial Improvements are made to Evergreen Road 13 The County Arterial Road plan identifies Fourth Avenue as a 70 foot Collector Arterial The existing right of way measured from centerline measures 20 feet in width and is not consistent with that specified in the Plan In order to implement the Arterial Road Plan it is recommended that in addition to the required right of way dedication, a strip of property 12 5 in width along the Fourth Avenue frontage be set aside in reserve This property may be acquired by Spokane County at the time when Arterial Improvements are made to Fourth Avenue 14 The applicant should be advised that there may exist utilities either underground or overhead affecting the applicants property, including property to be dedicated or set aside future acquisition Spokane County will assume no financial obligation for adjustments or relocation regarding these utilities The applicant should check with the applicable utilities and Spokane County Engineer to determine whether the applicant or utility is responsible for adjustment or relocation costs and to make arrangements for any necessary work Kimball, Sandy ~ From Hemmings Bill Sent Wednesday January 14 1998 12 17 PM To Shaw Francine Cc Engelhard Scott Pederson John Harper Pat Kimball Sandy Franz Dean Subject ZE 88A 80 & ZE 36A 96 Change of Conditions 1 14 98 I received the above referenced application on Jan 14 1998 I have no objection to a six month time extension request VC&,W Page 1 NO'TICE OF PIJBY.,IC HEARING SF°OKANE COIINTY HEAR.1[1vG EXAMINER 'T'O All interested persons, and owners/taxpayers within 400 feet YOU AIt]C H]EREBY NOTIFIED 'I'HAT A PUBLIC H]EARYNNG WILL BE HE]LD ON THE LAND► USE APPLICATYQN LISTEID BELOW, AS FOLLC)WS Application File No ZE-88A-80/ZE-36A-96, Change of Conditions for review of a detalled site development plan and landscape plan by the Hearing Examiner as required by the Conditions of Approval for ZE-88-80 and an increase from 34 dwelling units (apartments) limited by the Conditions of Approval for ZE -36 96 to 48 dwelling units (apartments) The applicant is also requesting a sewer density bonus to allow a total of 136 dwelling units (apartments) on the subject site Hearing I)ate anci Time April 1, 1998, 1 30 p m Place Commissioners Assembly Room, Lower Level, Spokane County Publrc Works Building, 1026 West Broadway, Spokane, Washington AppIicant(s)/Owner(s) Axger Capital Corporation/Dayton Hudson Corporatlon, G P and M J Finch Owner's ]Designated Contact Arger Capital Corporation c/o Greg Arger, 300 N Mullan, Suite 204, Spokane, WA 99206, (509) 926-5311 Loc,ition The site is generalIy located at the northwest corner of the intersection of Evergreen Road and 4" Avenue in the NE `/4 of Section 22, Township 25 N, Range 44 EWM, Spokane County, Washington Comprehensive Plan Urban Zoning I)esignation Urban Residential-22 (UR-22) Environmental Determination A Determmation of Nonsignificance was issued by the County Division of Building and Planning, as the lead agency The official comment penod ends 3-30-98 Related Permits None Division of Building & Planning Staff Francine Shaw, (509) 456-3675 HEARING EXAMINER PROCEI)UI2ES I3earing Process and Appeals The heanng 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 Exanziner'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 hearings will be conducted in facilities which are physically accessible to persons wifih disabilities Inspection of Fiie, Copies of Documents A Staff Report will generally be available for inspection seven days before the hearing The Staff Report and application file may be inspected at the Spokane County Divtsion of Building and Plaruling, 1 S` 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 Copies of documents unll be made available for the cost of reproduction If you have any questions or special needs, please call the Divlsion at (509) 456-3675 Send written comments to the Spokane County Division of Building and Planning, 1026 W Broadway, Spokane, WA, 99260, Attn Francine Shaw, ZE- 88A-80/ZE-36A-96 Motions must be made in wrihng and submitted to the Spokane County Hearing Examiner, 3`d Floor, Public Works Building, 1026 W Broadway, Spokane, WA, 99260-0245 l I)ETERNYINATION OF IYONSIGNIFICANCE - "DNS' SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING RESPONSIBLE OFFICIAL, JAMES L MANSON, DIRECTOR WAC 197 11 970 and Section 11 10 230(3) SPOKANE ENVIRONMENTAL ORDINANCE FILE NUMBER(S) ZN 88A 80/ZE 36A 96 , DESCRIPTION OF PROPOSAL File No ZE 88A 80/ZE 36A 96 Change of Conditions for review of a detailed site development plan and landscape plan by the Hearing Exammer as required by the Conditions of Approval for ZE 88 80 and an mcrease from 34 dwelling units (aparlments) limited by the Conditions of Approval for ZE 36 96 to 48 dwelling units (apartments) The applicant is also requesting a sewer density bonus to allow a total of 136 dwelimg units (apartments) on the subject site API'LiCANT/OWNER Arger Capital Corporation Dayton Hudson Corporation 300 N Mullan Suite 204 777 Nicollet Spokane, WA 99206 Minneapolis MN 55402 G P and M J I'inch 5806 N Vista Spokane WA 99212 OWNER'S DESIGNATED CON'TACT Arger Capital Corporation c/o Greg Arger 300 N Mullan Suite 204 Spokane WA 99206 (509) 926 5311 LOCA'TION OF PROPOSAL The site is generally located at the northwest corner of the intersection of Evergreen Road and 4' Avenue in the NE 1/4 of Section 22 Township 25 N Range 44 EWM Spokane County Washington LEAD AGENCY SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING DETERMINATION The lead agency for this proposal has determmed that it does not have a probable significant adverse impact on the environment An Environmental Impact Statement (EIS) is not requtred under RCW 43 21C 030(2)(c) This decision was made after revtew of a completed environmental checkltst and other information on file with the lead agency This 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 this DNS must be submitted no later than 4 00 p m, March 30, 1998, if they are intended to alter the DNS All comments should be sent to the contact person listed below By Francine Shaw Title Senior Planner Phone (509) 456 3675 Address Spokane County Division of Building and Planning (MS P) West 1026 Broadway Sp k ne WA 99260 ~ DATE ISSUED SIGNATUitE OONMEIITS REGARDING ENVIRONN1INtAL OONCE[tNS ARE WaiOOME AT 'II-1E HEARING APPEAL OF THIS DETERMINATION, after it becomes final may be made to the SPOKANE COUNTY DNISION OF BUILDING AND PLANNING (MS P) lst Floor West 1026 Broadway, Spokane WA 99260 The appeal deadline is ten (10) calendar days after the signmg of the decision to approve or disapprove the proJect This appeal must be written and the appellant should be prepared to make specific factual objections Contact the Division of Building and Plannmg to assist you with the specifics for a SEPA appeal ##############################################################i########## This DNS was mailed to 1 WA State Department of Ecology (Olympia) 2 Spokane County Division of Engineering Pat Harper 3 Spokane County Diviston of Engineering Development Services Bi11 Hemmings 3 Spokane County Division of Utilities Jim Red 4 Spokane Regional Health District Steve Holderby 5 Spokane County Air Pollution Control Authority 6 Spokane County Division of Parks Recreation and Fair Steve Noroblowski 7 Spokane County Stormwater Utility Brenda Sims 8 Spokane County Boundary Review Board Susan Winchell 9 Spokane Regional Transportation Council, Glenn Miles 10 Spol.ane Transit Authority Christine Fueston 11 WA State Department of Transportation Mark Rowher 12 Long Range Planning Division John Mercer 13 Flre Protection District No 1 14 Central Valley School District #356 15 Vera Water and Power SPOXANE COUNTY DIVISION OF BUILDING AND PLANNING DEC l 9 1997 CIIANGE OI+' CONI)IT'IONS I'OiR~~ v- ~'~~OIUSL'Y APIDRO'VED ZONE ~IA.1V~~iu0'NGAND,G,,Nl,c Date December 29. 1997 Application No ~ Name Of ApplicanVRepresentative Gregory G ArQer Mailing Address 300 N Mullan Rd., Suite 204 City S,pokanQ St1te WA Zlp c) q 9 4b Plione 926-5311 (Work) (Home) Existing Zone Classification UR-22 . Date Existing Zone Classification Established 12 / 17 /96 Legzl Description of Property Parcel 45221 9200 W 165 ft of E495 fr., o NF t/4 of NE 1/4 S of CM ST P&P RR r/w exc S 20 ft and exc N 290 68 ft m/1 Parcel 45221 9217 Ptn NE 1/4 of NE 1/4 DAF, Beg at pt on sly r/w ln of & 5r- F fZ'R"r w -5 w o Section 22 Township 25 Range 44 Soutce of Legal Trangnatinn T, r1 P C:n Parcel No 45221 9200 & 45221. 9217 PI20POSEI) CHANG]C Or CONDITIONS Reference specific Condition(s) of original approval (Cite the applicable condition fiom tlie rindings and Order of the Hearing Exarruner Committee s public hearing) Submittine one site olan for two ad,oining, a ce1 QroupinQs for efficiencv of lavout Give detailed explanation of request for change in status of the proposal Combinine ad7acent nronerties into one site nlan to gain ffiriPnrv of lavout If develop nt of the site wil b c anged substantially by this request or the propei ty has bouildari different than o al proposed, a ievised development plan must be submltted ature of ppl nt ol g Address if diffeient tlian Applicant Rev 1/96, sam S?OKA1~~ COUNTY DIVISION 0F(.WciVE0 r`~~~ IJE COUNTY -3tU ,.L:DENG AND PLANNING"' NOU 10 1997 CHANGE OF CONI)gTgO1VS FOR A .)+VIv C6 OI 10ILf,/lj~,rr1 f`I~ J PLAIVNlIVG PREVIO~SLY AJL 8 JlOOVJL:JD aJOl V H% `VIIANGAJ Date Oc Cober 27, 1997 Application No ZF~"~~~ -~G Name Of Applicant/Representative Grep-ory G Arger Mailing Address 300 N Mullan Rd . Suite 204 Clty Spokane State -yz Ztp 9920Fi Phone 926-5311 (Work) 924-6282 (Home) Existing Zone Classification uR-22 (88-80) Date Existing Zone Classification Established (1,tnj~F+r i, 1 4R1 Legal Description of Property E. 3-10 f t_ of N. 114 of NF. 1/4 S_ of RR PXr-P N 100 f t and except E 30 f t and N 100 f eet of W 300 f t of E 330 f t of NE 1/4 of NE 1/4 lvine S of CMSTP&P RR r/w Section 22 Township 25 Range 44 Source of Legal Tran -sgn tinII TltlP ro Pvrcel No 45221,9111 h 9112 PItOPOSED CHANGE OF CONDITI0NS Reference specific Condition(s) of original approval (Cite the applicable condition from the Findings and Order of the Hearing Exam.iner Committee's public hearing) Landscaoe D1an, Develonment nlan. '208' stormwater runoff. SEPA's Notice of Action. Chapter 43 21C RCW comvliance I Give detailed explanation of request for change in status of the proposal Request review by the Hearing Examiner Committee of detailed site plan and sDecific landscaue vlan for 96 unit apartment complex t If development of the site wil changed substantially by tliis request, or the proPerty has boundar different tha or gi ally proposed a revised development plan must be submltteci 1 natuie o Ap ican r ge it Address if diffeient than Applicant Rev 1/96, sam 1 ~ LL: vw~ CLARENCE E SIMPSON Engineevs, If1ca 1901 1987 Wimp-son RICHARD L SIMPSON CIVIL ENGINEERS AND LAND SURVEYORS CHARLES E SIMPSON Licenced in Washmgton and /daho N 909 Argonne Road Spokane, WA 99212 (509) 926-1322 Fax 926-1323 PROPERTY DESCRI PTION The East 330 feet of the Northeast quarter of the Northeast quarter of Section 22, Townsiiip 25 North Range 44 East W M lying South of the C1»cago-Milwaukee St Paul and Pacific Raiiroad i ight of way EXCEPT Eveigreen Road ALSO EXCEPT Fourth Avenue All Situated in Spokane County Wasliington ~ ~+`'OF VdAS/r Z ~ t '°c 0~ 996~7~p ~O f'O FCJS~'" N~ L LAND EXPIRES 7 17 f~ C%~'~~~ r,otJN„f ,Y NOU 19 1991 1)IVISlUN 0r: QUILDINIG ANp pLqNNING rY SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING ZONE RECLASSIFIC!\TION Af'PLIC/1TION PART I A GENERAL INFORMATION LegalOwner G P & M J Finch Mailmg Address 4323 S Ever¢reen Rd City Veradale State WA Zip Code 99037 Phone 92R-~172 (Work) (Home) Fax Applicant/Agent Arger Cap~Ltal Cornoration Mailing Address 300 N Mullan Rd . Suite 204 , City Snokane State WA Zip Code 99206 Phone 926-5311 (Work) (Home) Fax 927-4823 APPLICANT IS NOT OWNER INCLUDE WRITTEN OWNER AUTHORIZATION FOR APPLICANT TO SCRVE AS RCPRESENTnTIVE ProjecUproposal site area (acres or sq ft ) 4+/- Adjacent area owned or controlled (acres or sq ft ) 1 78 acres moi (Arger Capital owned) Assessor s parcel numbers of projectlproposal 45~ ,)l ,_91 1 1, 9 l 1 Assessor s parcel numbers of adjacent area owned or controlled _49?? 1. 9199 - 45221. 9200 Street address of proposal 4St, & F.vPrQrPPn Existmg zone classification(s) and datz established _0-22 (88-801 Existing use oF property narcel 9111, vacant, narcel 9112, SFR Proposed zoning UR-22 Comprehensive plan category UR-22 School district C V 356 Water purveyor Vera Water & Power Fire district #1 Proposed use of property Singie family dwellings Duplexes Multifamily dwellings V4 Manufactured homes ( ) Business ( ) Industriat ( ) Mixed use ( ) Other ( ) Descnbe List previous planning division actions involving this property -Zone reclassif ication File No ZE-88-80 Agricultural to Multi-family suburban approved B LEGAL/ZONE RECLASSIFICATION INFORMATION Location of proposal 4th & Evergreen Section 22 Townstiip 25 Range 44 Name of public road(s) providing access Evergreen & Fourth Avenue Width of property fronting on public road M 1 Foilrrh, 592' Eve green ~ y ZONE RECLASSIFICATION APPLICATION PAGE 2 of 4 Does the proposai have access to an arterial or planned arterial? Yes ~()o No Name(s) of arteriai roads EverQreen Legal description of property for each zone reclassification proposed E 330 feet of NE 1/4 of NE 1/4 S of RR excent N 100 ft & except . 30 f and N 100 f eet of tJ 300 f t of E 330 f t of NE 1/4 of NE 1/4 lyinQ S of CMSTP&P RR r/w Existing zone(s) UR-22 to proposed zone(s) 11R-22 for the following described property Attach legal descnption stamped by land surveyor or provide below E 310 ft of NE 1/4 of NE 1/4 S of RR except N 100 ft and excevt E 30 ft and N 100 feet of W 300 ft of E 330 ft of NE 1/4 of NE 1/4 lving S of CMSTP&P RR r/w if you do not hold title to the property what is your interest in it? Agent fcr purchaser Wiiat are the changed conditions of the area which you feel make this proposal warranted? Everereen interchanee to I-90 and widenine to a four 1,s3pe arterial What impact will the proposed zone reclassification have on the adjacent properties? ThP pro3Prt wi 1 1 havP no nerrPivahl P nr m as>>rahl Pimi art nn tha adjacent properties What factors support the zone recfassification? Previously approved, adiacent land zoned multi-family, comprehensive nlan desiRnates this area as apvronriate for urban development What measures do you propose to mitigate your proposal s impact on surrounding land use? T.andSranp harriPrg, fPnrina ZONE RECLASSIFICATION APPLICATION PAGE 3 of 4 PART II This section of the application will provide tfie Division of Buiiding and P{anning staff with written verification that the applicant has had prefiminary consuftation witli the agencies iclentified Results of the preliminary consultation shall be incorporated in tfie proposal before final submittal to the Division FIRE MARSHALL/FIRE OISTRICT A This proposal is within Fire ProtPCtion Distnct 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 or unable to calculate now because use is not definitive and will be determined at time of building permit appitcation D Requirements include Fire District Signature/Titie Date WATER PURVEYOR A Satisfactory arrangements for domestic water and fire flow requirements (have) (have not) been made B Requirements/comments . Water Distnct Signature/Title Date COUNTY ENGiNEER A preliminary discussion has taken p ce and generai requirements for roads and dramage have been discussed with the applicant A Comments ~ c v ~ naturel Citle Date V i _ COUNTY UTIUTIES A preliminary discussion has taken place general requirements for submittal of this proposal (have) (liave not) In satisfied The designa d water purveyor for this site ts A Comments ~ 2 Signature/Title Date REGIONAL HEALTH DISTRICT A preliminary discussion has taken place and general requirements for submittal of this proposal (have) (have not) been satisfied A Comments Signature/Tttle Date SEWER PURVEYOR A preliminary discussion has taken place and general requirements for the provision of public sewer are understood by the applicant A Comments Signature/Title Date ZONE RECLASSIFICATION APPLICnTION PnGE 4 of d PART I I I SURVEYOR VERIFICATION I the undersigned a licensed land surveyor have co pleted the information requested for the zoning map and written legal description 16 ~ ~ Signed Address ~ or'_b 9 _Ln ~ City / State PART IV SIGNATURE OF PROPERTY OWNERS OR LETTER OF AUTHORIZATION I the undersigned swear or affirm under penalty of perjury that the above responses are made truthfully and to the best of my knowledge I further swear or affirm that I am the owner of record of the area proposed for the previously identified land use action or if not the owner attached herewith is wrtitten permission from the owner authonzing my actions on hislher beha{f , Signed Date Address Phone City ~ / State Zip SgWa(ire of apq~ican repres tah Oate I State of Washington ) ) ss County of Spokane ) Signed and sworn or affirmed before me on this d a y of 19 ~ by Plb ryE,Seel ~ ~ Notary Public in and for ihe St e of Washington residing • `~~tO~ t,~~~@~ ~a4TARY~~~ ~ at PUBLIC ~ 8~ My appointment expires g't t~ 4L ~ OF PART V , TO BE COMPLETED BY THE DIVISION OF BUILDING AND PLANNING Date submitted tICU~~ File number Date accepted By T-rc-UaLoo Total fees Receipt number 1~. • ct et e vt 33 0 . ~ ~ } I ~ ~J I • ~~...~-D ~ SPOKANE ENVTRON-MENTAL ORDINANCE SECTION 11,10,230 T~ ~ o - 1 SPqK11ME E!n►1ROte1ENTAL ORDi11ANCE (vlU 191 11 9501 Lctln 11 1q 17Qf 1) f I n..rr tol fh ttliit FI 1C Np Pvr9osc ol CAeckllit The State En I or.e. tal oollcy Act (SEPA) chaptrr 13 ?1C pCM eqil es e1) go e n- tal aqenclrti lo co tlAer the e vl orrnental Iipacts ol e D oDOTaI before Rakiny declslons An EnvlronRental Imoect Statenrnt (EIS) Tust be Dreoared fa all prooosals with probaDle siqnltlcant adverse Impacts on the Qualltr of t*e en 1 er.ro t The Durpose of thts Che[kllst IS to Orovide lnlo►matlo to hll0 rou e d tAt aqenCy Idtntt/y 1n,pattt fron you DroDOtel (and to reduce or e old Inpetts Iroa the proposal If 1t cen De do el and to heip tnv eQe cr A cide whethrr en EIS It equlred InttruCtlons for Appllcentt This nviroror ti1 checklltt asks yau to descrlbe sone Eatlc 1 lornbtlon eEout you o ooosel fo e- tal e9e ctes use thll cAecklist to deternel e vnetner the en t►onarntsl inpects ot rour provosel • e siq 111cint epulri g p eperetlo ol a EIS A :ve the questlons D iefly v1th the most o eclse 1nlorzvatton knw n or qlre the Dest eescrtotton you cen You east ansver esCh avestlon •CCUratelr e E Ca tluilr to the Dlst o/ your knovledqr 1mott caset rou should be aDle to e sve the puestlo s /row rou o.n+ oDtervatlo t or proJett plant vlthout t1+e etA to hlrt exoerts II you eallr Ao ot t or tl►t e sre o It a puettlon does not evoly to rour prODOSaI vritt 40 nOt knov Or 40lt n0t epply Co*plete e SverS t0 the OuaftlOnS nor aar i Old u ntCeSSe y de1ayS latpr Somm puesttons •sk •bout qa ernoantal equlatlont tuch mt to 1 q sAOrellne a E linCmerk cktlqnetto c Aivrr thece pu.stlo t If you ca If you ha e p obleot the qo e nvntal epencles cen ettlst ro The cl+eckilst questfons +DOIr to a11 parti of your proposal even II rou olin to do thrs o er a period of t1me or on dtllerent oa cels of Ie d Attech e r addlttona) lnfornutton that vlll Oescrlbe rour proootal or Its enrlronnantel tftectt Ttie Iqe cy to rhl(h yeu subMlt thls checkllst mu y ask rou to e eIo1 you a sdert or p o Ide •Ad1t1o 01 1 fon.atlon e.saneelr releted to deternl 1 q I/ tne emay De ti1q 111cent ed erse lmosct Use of chectlist for nonproJect Drooosals Cor.plete thlt checkllst lo no D oJect p oooiils eve thouql+ auettlans nay be •newe ee does not soo1r IN ADOITtON couDlete tht 5U9f1E11EMtAL SHEET FOR NOypROJECT ACTIONSIpert 01 f0 r+o OrO,X C[ aCt1onS tAe eferlnCet I t►+! [hlCklltt t0 tht w AS Dro x Ct 100licant a d D ope ty o s1te :houie ee tad aS p oposai p ODOSt► ! A a/f ctlE ql09 sOhlC e ee !SO Cti !1r A BALxGR0Uf10 I ia,.e of proooted o a}ect II aoolicaele 1 1444 of AppllCent A1',g Ql^ (;A1]iral ('.nrT _ 3 Aeares: ana v►+one nmDer or sDDliCant or coneecc oe :on 300 N Mullan Rd., Suite 204 Snokane, WA 99206, Greeorv Areer 926-5111 4 o.« chectl,st prtDertE October 21, 1997 S Aqencr requtstlnq theckllst 6 P ooosee eim1 q o tcl+eeuie l+nctue+nq on+sl 9Ir avolic•e1e1 Construction 1998 Occupancy 1998 T a po rou he e enr plans for future oddltlons e oenslon or further ectl 1tr related to or com+ected rltt+ th1s D►o0osal' 1f res explaln No D Oo you oun or hevt optlons on land nearDr or aEjecent to thls Droposel' If yes txpleln Yes_ Parcel 45221 9200 Rezoned from UR3.5 to uR-22 (File #ZE-36-96) on 12/17/96 8 Llst anr enrlroneental lnfonwtlon you tnod eCout thet hes brtn Drepsrld or vill be preperM ei►YCttr releted to thts proDOSaI None ae Viian i 9MI,A1r► L'V[AO►Rff rTAL OROINAI!('F ( AC 197 I! aM S l I! l^ 31►(1) 1 nAnCfnrTnn I 9 0 ~.w 4n nv h. 1 p I 1 t 1 rvl t q 1 ~ ms. t I PP 1 f t►v r p 1 t 1 f f p t c r +rv r v o 1 ! i nl i None 10 L i t ~ q m► t DO l D ne1 t t h 1 v l 11 M A A( 7 nu p pn 1 I Mn r++ Rezone. Building permit Landscape plan, Development plan, 208 Stormwater runoff ll Gl bri ! cmpl c E tDCI tya r 0 v 1 1 cl dl R eh pr p d • d th 1 ( thr P ) t d lt Qur tl 1 t 1 hi tMCkll t t►u[ t ynu t A Ib tt 1 paet f 7^i P M 1 Yn. A t A t ro t th niv thi 0 ~ 4 acre, 96 unit 2 1/2 story apartment complex with 177 parking spaces) ' ~ . l1 c~ ~i Lac ct cc, ci rrt I I I rr-s << r r-. c erc etn p c 1 c t t :1 oo 2 <c 1 dl r c ot ddr 1 d ct1 t w+uhlp d q 11 t erv If p p I vriu l = E th Q E d tl ( n It 1 C IA l q 1 A Io 1 1 01 rt t It vp d r naAl 1.j~ 1 Cj n Id bslc pl 1,u d b t1+ R OU 4 l d t dvpltc t a n d 1 d pl tn t vttR ~ n! 1 tt r lAt 1 t thl• hect ! t ThP --,rP i-, located at the nw corner of 4th & EverRreen ) lot th ~ tl ll vlthl th Aq l C rult! (JISAI ht w I S v SA ~ P S v t c A h C f Sp k CD Y t ASA 1 %tl bau d 1 1 A..SA,--eft~ttk ' I 1 0 BC COlO'LC"LD BT APPL CAN' ! Q+CtROPf*r~~ ~,••~r-5 1 r kq c AP T Ge 1 de c tptto 1 t1e tte (clrcl 1 fl t rolll it 'hllly teev +l o t 1 ou th t D ^+st If the •taepeet slope on th #ltc •ppro:ln t perce t 1 pe) N/A c t R 1 /D ~ Il (o d o the lc f(or meepl cl y d sr el pe t ttl (-~y~~~►11 ~ . [ ( kn v c n c t l 1 c C I O ( S t t c ul t 1 1 1 c~e c t( t he rvl t p 1 v► n 1 r/~ Rockv soil (Ci d #4 th ( t dlc tl ma hl t ry f t hl I1 1 the Im+ Al t 1cl It 1/c`-" ~ A crtbe NO r SPOXAME ENYIAOHMENTAL OQDIHAHCE (VAC 197 11 950) Sectlo 11 10 1301t1 8 (NYIpOMEMTAL [IEHENTSIto tl t41 E aluatlo Fo Aqency Ute onlr e D st 1b ttie vu oot tyoe a A•pv►o Imut♦ #I e titi s of e y f1111 q or qrad1 I p 00010-e I a1cat toi ce or ritl ~`nw In( None f Could e osion o a ur es a resuit af clearfnq constructton or use II so qenerally desc 1Ee No 6~A~►' 3S c C) rc-~ ~ q About wnet oe ce t of the tlte tl111 De co ereE with fmpervtous turfeces a/ter p oject construc /C/~ tlon (fo e anQle iion+it or bulidlnqs) V 407 n P oDOSed messu es to educe or tont►ol eroslon or other Impects to the earth If a r 2,QR stormwater drainaee 2 Alo a vnat type of eWssions to tne &I vould esult I or* tne orooosil (I c Eust outamoblle oao s I dustrlal woad snnke) du inq canttructtan a E when the D►ojett Is conaoleted' 1f s y qe e allr eescrtoe ane gtve eooro ITetc puantltes 1/ t orn Construction. Dust. eQUinment emissions After Auto emissions - ingress & egress D A! ther! eny afl Sit! Sou ces of er+ISSlons or odor t1+et may iffeCt rour Oro0osal 1f to • qene ally aescrlbe /0 Drive by traff ic - Evergreen & 4th ~ Y e , ~ ~ ~~O/c/ ~ c vropoied meeiu es to reduce o cont►oi emlstlons or other impects to •Ir 1f any SCAPCA compliance during construction ) VATER a Surfece (1) Is tne e any surlece reter body on or 1n the IcmmeAlete tctnity of the stte 1ncludlnq year rou d end ieasonal streans saltyater lakes oonds wetlands)' If res descrlEe type ind provlde nen+es If eoora0rlate stete dl+ot streem or rtver It Ilovt lnto no ,3-' AV ~ JAI (2) vi11 tne proJect reoutre •nr wrt over In or adjecent to (vltnln 100 teet) the Etecrlbee weters' If res oleese Aescrlbe snE ettach avl1leble elans r~ ) smuHr tr+vtwMmtt•+uL oantnnnct (,AC 19) 11 960) Lccl tt Ib 130(t) S rl►V t ROIIMN7AL Cl I?iTlf"5 (c ti wA ) C 1 tf i !11 C tio+te tA ot i!((L1 d dr dR eate t l that would De placed ln r eeo 2 f► th Aqe cy Uet Only t v t v tl A d 1 dl t th f tM tt that vn lA At (f t d t Al th 1 l111 ert l 1 F+ ~ 7 Utll th pr p I r Quir o rfsc etor wlt M r v l or dt er tona Glw Re t 1 A crto t1 D D d pproslm ce aue citl lf tnovn no (S) Doe t1+e p p o 1 ll vlcl~l 100-7 r llood pl l i! ot l catln cAe ft pl no (S) Doe th p poael 1 10 r df ch r3 ( v t m cerl 1 to rt ec v t r ~f 'sid e d tD th trpe f v t a d tlclp t d l or of dl eharse no p G ov d (l) V(ll er v dv ter De ithdr vn or vttl v tet De dt eAerg d co gro ndv ter Gl a er l d crtpct p r0 d ppr twat Qua tttl lf 1m va Standard 208 on site drainage system I (Jr.,O ~e +7' xii D crts v t nat rt l tRst vtll be dt e!+ eR d t to tlx Qrou d from ptte t nk r other ott ry v t tr a ceeot f cillty C.crlbe th Se eral olct of the 7 t m clv ~m ber ( n / h e g t S e rv d f i t p p l t e D l ) r t! v ua D e r f pa re na c he T c o( ) e pect d t . ~'~c.~ '1, I ~ ~i cl None ~ l~~lp ~ 6 (7) 0 crlse a r r tea cMr t!u th de lge+ d for the Alop aal o/ wnlt ry vnete t c 11 d t r che purpo e of dt el+orglog tluld belov tf+c grouod ourface (lneludee eroteao ueA o tho e!or the dlapo sl of otors vatev or drolaeg• (roo tloor drotm) Oeoerlbe tl+e typo e( or teo the aeount of ootartal to be diopooed o( throu;h tAo oretea a d the type ot m terlelo Ilkelr to Ae dlepoe d of (Inel ding aatert lo vAlch noy eo[er tT►e eyetea lnsd art ecly [hrough 9101116 or eo • r oult of ftr llfAtteg actt itl e) None (4) vlll r cheetc la (e p el Ilr rg lc ol eto r ptroleua fuela) se otor d lo abo • gro d or od rsro d otor eo te t it eo vAat cype ed auaecittot of oacatt 1n vtll be t r d None 6 ~ lmrAM trtvtRC)mnrr'rAt AYOitiAttc"L (uAC 191 tl 90) 5 ctl 11 LO 130(1) E [RQl ROf+fRfRAL LLacT]r5 ( t 1 d) C 1 t1 r r (S) Vut p t t(i fte vlll b t 4 to l tlut 1 t plll f 7 ch at t Ape 7 u ^^I Y c r Q A It vttl t b 11 - A to p rcol c to aaov Av t r (thl lacl A n + t k-v ch elc l a t / dt p l y t s d c tb A t 3D( 7) A 3b( 208 stormwater for runoff ~ ter t !t (t 1 dt g toro v i r) (1) Oe cribe th rce o/ rv o(f (t cl Qt R t re v ter) ed eec bd of c 11 eti d df po u 1 If 1(! 1 d Que tltl !t lu+ovn) Vh r vtll chl wC r llov! V(11 thl wt flov lt th r v tef- It •o d 1ert16Q standard 2 08 on site drainaee svstem C`('i~ 1 ~ (71 itl! 7 ehealc 1 M etor d h ndled of u d n the otte t t u tto vAore $pitl or t 1, v(ti dr t t rfece of `r Qv t r t •t ra v ter dtoposal oy trs dl ch rpt R t rl c r ir Awt r No IN ~ I~ ~5~1 "IO C uld v te oet rl ! • t r R eu d r f wmt r it R r lly d ctlE# . ~ ~ NO A P po ed e reo to r duce r eo trot r( ce `rw d nA rv ott vater lnp ct# l [ th propo daect llto vlthln tA I v T t1~y- A4uit r S otcl Araa Do p eia117 el r oe oWylomtt ns ' r letteg t ( etlttl eo eorefnt S tl 3s(4) )E(S) nd k(!) of tl+ts ch eklt t) A~ ~rn{ ~~I1 pe r engineer's report 4 PurtS h cr relrrl cro of I t cl r e cn lce ~r d !d C ld nADl oe rer t tlr e d r pl th ~a t' ~b J~ D tur crop or 6r (o vet oll plento e ctall S ctereup Evllr oA tuN c bb Se otM r w tgr plsnts w ter ltllr selgraoe nilf ll other ocher typeo o( egetntton assorment of weeds D Vh t kt d d o w c of esetetl n vlll be ceo d or 1[ f d weeds c lt c cn eac a r a ~ r e pec l 1n+ ww+ [ M ch te none ~ d P p o l A e pt ` f ine! p1 t ther me res to pceeerve r enhonce agetoitoe c n l c t r hc) ~ -ee a2,te -nl an Li,Jv ~ SPOXAN[ ENYIR()HNENTAL ORO1NlU1CC C 1 960 .,v t o t 1 (b 230(l) 9 EMV vr)mIfMrAL [lfr[MtS ico e+ ei C A1 at10 fp AQr Cy .1S! ~ lr evl11aL I a y 9 e n m Iti nCn e n n% A ~ n tn ctt o e t A (h! tI lt b 4s 1+a++t e I reqle SonqDi ~S ptn r "er elt 4 e pi e ett bee e otn I{Sh basS 1al m t out he► 1 q shel1/ISh other 7th r~ E litt a y tn eatt M or enAe qered toec et know ta be on or near the slte ~ v Cri i e unknown ~ c It the stte oe t of a Ttqration oute If so e Dlatn rro ore~ ~ a o oooted neasu es to o ese e o e he ce vIldll/e 11 e y None c rv(o r aNp vaTiJaal I ,)UorrS a Jhit t I Qs V lr (elect ic etu et qes eoQ tto e cole )+111 De used to mpot ine t comol ted 3 c t ly eeati (ktc IDe hetner It wi11 Dt uted ln neatI q 141 u tu ~ tt Gas/electric for hen-Linv h Jovld you 0 oJ atfect the pote tio1 use of sofer enerly br adJice t p ooe tles I tic le e a11y Qesc oe no c vnat k, dt of lr co ee etin feetu s e ei clueel I tne p1e t of thtt vrooosel 1 c e ~ n M 1 ti i a e c c I e 9r ino ct If r energy code comvliance 1 [NVIROHMENfAL NE11LT►+ a 4! the t a y! t OnerK [oi hteltA hete df I C1ud1 q! OOfore t0 t0 IC ChlenlGelS 1St 01 f1r! And 2tp10Si0n 50i1) Or haTer40VS refLe thAt Cou1Q OCGUr af ! rlSUlt Of tAiS DrOpOSlI r SO destribe No (1) Oesc De soec et eRrrye cy se Ices tnet nlqnt De eoui ed 6 9ppRARL CNPIROlOQRtIL 02DLIIAl1Ct (vAf 1 11 960) S tt il 10 2)0(i) e rrvtaou►crmiL cvxnr-s t ci a) c 1 clon for Ag ~y u onlr Et1VIR0►R2fr'111 HCAL'A fc tl u.d) (1) Pr po A e r to red ce r co tr 1 n lr rmieoc 1 he !th A e rd lf 7 Storm drainaee control Public sewer hookup e N I (ll v1+ i typ [ t t t to c1+ r vMch aay etf ct ywr pr ~ et r ti pl tr ([tc ~l A~i ~ ~Icy-\C) Qulpmr t oper tto CA r 1 t r ~ EverQreen traf f ic ~ ~~~'c~Cw L _ op 6a&h \ 1~ ► ~ C~1 ~~~J~ - (2) Vh+t t7p 4 1 ele f ot w ld be r t d bl r ocl t d vtt9h th+ pr ~ ct hort tetv ta lonit tott+ basts (lor eiuaple treftlc eorocrvetlon paratlon otM r) Tndleat• vh t ho-ire nolie vould eooe (roo the afte Short term Construction equipment and building activities Long term Minimal, ingress & egress of residents P p d se t A c o c I 1 top ct If 7 $hort term None , Long term Landscaping, fencing B U1'D AHD SIIqP.LL1 IC UCC Vh t ( th c r t u of tA tte d d) c c 9r D«t $esidence and vacant field . b i1 the tt D. ed fot grteulturc it o d crfDe NO c o crte y cr cc cn• tt , Residential home Metal storage shed d vtlt r c uct Do deo ll h d tl wnlch all e V't t!o th current toelng clsoattieatt a! t1v lteT r V6, UR-2 2 101~ ( uhat !o the tutreot em preheeat e plan dealgnattoo ol tht slte b / 9 if ppllcsble vha[ t ths evrre t hor lt aa t r Drogr o dertgm ti et t1x slt• "r 1 n✓ n/a ~ p rt ol the ette See el lft d .tromo tslly s*eottlve ere It h il v <<r none t Appr to.c Ly hw a. r P pl would r td t v tk t che eampl c d p je c 192 ~ ♦M[Af1/ /IfVIYfIIRffNTlt ORflf11AN17 (VAC 197 ►1 90) S tl Ll 10 230(1) e CROIR010a"AL t11MRTt ( ct ..d) 1 tl ► AR y U 0 lr ) ADO fmt 1y v n~ y D P1 v uld th pl t A pt j tt dl DLeC ~.Q11P t Prop E m t ld r r due• dl pl c.ee t t p cc ll y n/a t Propo d oe ure to en ur the pr po al t coap tiDl vttA extatint and DTCSect d L d e nd pl lf r see site plan - 9 lIOUSiNG s Appr alnately hw aany untto vould bo pro tded !f enyt Iadlcato vhotAer ASSk- olddle or ~ m t r-incooe nou t 96 , ~ U s App taat 1y I+ev oe V unlt tf ee1 vould b+ 1tnlmtedf I dtut• vMchet hlab nlddl or r a}.~ uS M 1 v tnt h ( g ~ none i~~~ ou-) , P p A o t d ee c cr 1 hou 1 4 f p cc lf r U6f) KJ2--> V}1 landscape barriers courtyard ~ 10 Atsrnrtcs v1+ t t th t 11 t h 1ght of I pr po d trueture( ) eoc tacludtnt tem a~ VT+nt te t*o prt ctp t e terl r D tldlnS aaterl l( 1 0r C d f ~ e In+ c t w t che taeedt c tcl icy voute b. tt e or obecr.,ec e Cl' NonP c Prop • d w ovre to red ce of tontrol seetlrttc lsp eto 1f a T See S:LtP Plap - ~ anc~crar»no ll LICII' AND G1J►AL rhac cyp l ltght or gLore vtll tAo pr p eal preduee! lfut ttoa of dey vould lt o.atnly oeeur Interior liehtine - evPnjng~ ~~CM-wr,~- c m---,c,. S C uld L1ght or tLr• ltwa tM !t 1 h d proyect be saf cy I+asord r lot rfat with tawT no ~ c vhat e:totlog otI olte soureae of ltgl+t oc gLere ae) alfect your propoesl! f~ None ~ VOIO/U1 d Prepo ed •e e[o red co or cootrol Llsht nA 81 te t,peeto ft aey r land~aD~ fLG(' ~I C s SM'[ART f1r7iPfltAffMJ1L f1PnlHAV!'T (vAC 197 II 960) 5 cct 11 10 210(1) a V71 RORDtTlrTAL RlMV1" ( c 1 rd 1 r i c~ r 12 R[C LAilOtI Aq cr U Onl y Ul+ c d 1 g c ~ d 1 f rs 1 1 e+. 1 pr c n+ ( c l 1 c ho- 1 ea ! 1 c l 1 It ~ wc-v- 1 le A u ld th p op d proj ct dl plse • r e tatt g recreetlonal If o de crlAe v ~ r~~ PA~ c Pr po d e re to rsd c or eo trol lop cc o reer ttoo lecl dtru rocr tlorol pp rt ni tl c be pr td d bT tA p J ct r pplfc c It r P ~a i) NIS'ORiC ANO M,TVAAL PALSCAVA'1011 Are tAer r D14cet or objeeta lt ted r p po ed !or nnttonel t4 ta r 1 c 1 pre rv Eto rgtocer tn rn to be o r tt c1v tc If Aen r ll-t d crtb no J Co~~~ ^ ~ ~~,1~~U► ► ~ e cO ttre <<e 7 snes.r +ene thic + cn loqlc t<< ct i i , o c b. < < < <h << 1 ~C4 none c Pt p ed re to red ce or c ntr l 1 p cc tf 7 n/a 14 f.A1ISPOR artoII ta ci(y o eltc cr c e fi1Rhv r r t ttn it e e crtcx v v re c to ne e t tt s c c r ces sh tc vt tt r 4th EverQreen `i-ff. st r ri e t tt rr ctr n a nr v bttc t Ic tr c Wn.c t cne vvro to « e c c c r t t r n l t t op ve s c n v n, 1 D k1 ejg p t v ul d t 1v t oa p L t d p }s cc ho ve Bo r ea ay v ul d tha p r ye t[ e 11 ai ea t o C~ C , "7 -7 ~ d Vtll th prop 1r puir ny evv rood r [r.at r l 0r vemoe to st et R rmd or tre*c not t l dtas drt voy 1 If o s eer 11y d cr1De (ledl u c vlvclvr p Sllc or p 1 te) 1-h o ~ r~n ~ ~ e ulll the pco) ct e(or oeeur tn the lemdt t v1c1 !c-y O roter r!1 r tr tr eepert tl Li lC- h tf s Il, a the - v 9 SpqTj,Ry o(y14t11MEgfdL OFflDIrilWCL (vAG 191 ll 960) Sactt o ll IG 270(1) B [?iY i R 0 taQ7f'AL LL iKDt3 (c c t ue d) ► 1 u tt f Ag h 7 U On17 ( s{ v a 7 veh{ 1 c Ip pe d r va ld be g t d by tha ceapl t d p ) t If 1rn w t dlc t vha ptA ti uld ct unknown t P p d w to reduca r c tr 1 t port t!o 1 p cte lf r none ~ IS PUSLIC SE1tvtCCS 1 1d c1w proJ t c ic t locr .d eeaE ! c yu511c rrlea r evaapl ttt p c cf p llco pr t+ctloa h ulth e th olo t Mr)T If e rel1y d rlba no b Prop d e t r d c r c crol dl ci t v ct puslic rrtc t ny T1nD,P ►e L tLc ies r ~ ctret ei a.i cun i--e~ el c cn lc 1 ccrtctcr ln c r 1-tg~ y`c r ~ t eft ph ~ o t t r-I ++a p t 1 c y c&e h De rib che ct11tt that or p po d f r tha pr J ct [hs c11it7 pr tdt Stha nlc d ~ che r 1 C n1CtlJGilO cc! Ic! o che tt l tAe t oadt to YieLnlc7 vRich ad;ht M ed d none C SICHAIV1tL l [h d rolened rvur d t tho p eult) of pecS r7 [hat thA be cil 'poti r• nod trvthtully d to tAe bast f oy k w1 dg 1 1 d ~ d cAac ti u2d tTw b 7 r(iltul ni D t tt t Ylllful l.oet et f Li dt 1 re 07 0 rt tht -Rency m7r vtthd ~ d t minat! of ar►sl6nitlc n+c• that lc aighc t ur t relt nc po thls c}v<kllat nt ortnher 24. 1997 pt p nt GreQory G_Arger tP1 rri t r trpe) yr p4m t keer .0 300 N Yullan Rd , Suite 204 (SSgnat r ) ~ 926-53] 1 Spokane, ,WA 99206 r: n o WPi ci a rro Greeorv G A,rQer Datei (ctnhPr ~,l . 1997 Ph R 92b-S311 POR 5TA11 t15L OM.T Sc !t amb r(a) rQ LeYtag chcckltet - d cd n cr catt re iov of tTue riro ce tal theetllot rd the pertlnent lalornot a the te[t A Co ctude [hat th ro sre o prabe6lo elgalttc ot ad troe iap cta saQ reeameode o detacuim tt ol nocatfcifle ece 8 Co clud tha[ prab bl olgolltc c d+ror tro m tsl !ap ct do eRl t tor tf+t urr t propo 1 aod r commr do s mttig tcd deter lnat! ! aa ttnift c vtth c odlct na C Canc1 d thet ch.er• ta probebt tgniflc t d vtrome c 1 toD t oA r eansreA d c rolmti l irn[fi TtLt1oC Fn 475 OQ l0 ~ ~ SPOKANE ENVIRONMENTAL ORDI"NANCE SECTION 11.10.230 F d?, lqcl) 9YORJ1f1L LIlVIA0WAE1tLAl. ORadH1U7GE (VAC 197 11 960) 5 ctio 11 1@ 30(1) A BACICGHOQHD ( c oo c 1 au d) 9 Do ou 1n0w th !c ti m r p odtng t r gov rnsent 1 pprov 1 ot other pc poaal d![ t!y ffecci g che pr p ty e A try ou D P al t 9 xp1 1 None 10 l.i c y g rameet ppr ls or p cm Es ch c vill be eed d t ryour propo nl !f lmovn Rezone, Building permit Landscape nlan, development plan, 208 stormwater runori 11 Giv Drt f coopl c d cripcio of youc proposol Lncludl g the ptoDo ed u o nd the ei o[ the projecc d eit ''t re re r t qu+e ci ns lac 1 chi he kll ctfuc 4 rou t d c ibe c r[ i wpe cs ot ywr propo 1 Yw d t d t pne th nov rs chia C 8 2 acre, 34 unit apartment complex combined with a 4 acre, 102 unit complex for a total 136 units Icc CL o o[ th prop 1 Ct ul !ci c t f caacio [or per n co und r e d ch preci 1 c c!o ot yo r p opo d proyc i 1 di r cr c addr LI ny d ction tovnahlp nd ronge 1f knovn It pr pooal vould occ r r r g ol re pro ld ch r q b uad rl ( the lt Pt !A 1 g 1 d criptt !t pl n vitlnity mep artd c pogf prtic map tf r orobly iLbl '1i1 au hou1E ubmlc y pl n r qui d by th g y you r n t quir d t dupltc c oaD c d t il d pl u trslct d vtth y p rmtt pplt tt r Lac d c chl checkli t T12p c~t,P tsa c t L).f the Aw carner Q f4t}'l I Evergreen J Doe th p p d cl S tth1 th Aqul[ r S nal[t A. r (ASA) 'he Ge r 1 S v r 5 rvi A h Prlo !cy 5 v r S rvt A h C t o( Sp kan (5 5p Ican C cy ASA 0 rLy o kc Le [or bound ri ) ece r.cce '0 BE COKM.Y'LD 8Y AFPL CA.K' B ~4vIROV~~P".AL ELE?~`r5 \ ~ E 1 tt F [ AP-t Ag cy L 0 ly Ce 1 d iptlo f[he !C 1 ) f/la 11ing Allly teep L p mo C 1 w h 0 'h c L che c p c 1 p che ic ( ppro im c per c ol pe) rT/Q c 'h c B r 1 c7D of il r t d [he s![ (for xa0p1 cl y eaed gr 1 pe t ou t) 7L'~h Lf y kn [h cl eific cio f gricultur 1 il pecify theo r►d c y priae f ral d ry ..1.. , ~ jo ivL~GCJ r~JG.it ~ 1l~a ~ d Ar ch r erf c lndic cloae or hi t rp oE nac ble sotl t the lan die[ iclnity Zt o ~ d cribe = ~ -~r~s~~~ a5 lc~►~-t~~ 1~• ~/„i~U srown zvrROMCU?TAI. osnT.RAxcI ' (JAC 197 11 960) Sec[!o 11 lb 230(1) S ENVIROT7fZNTAL eLY1ffiT'S (co tinued) E aluation For Agency U e Only Eetioete the oawnt ot [ill end dr dg nat rinl that vould be plaeed in or r mov d tr o the auri ce v c r or v tlando nd ladic te tRe nrw ot the oite tMt vould be tt cc d Indtc c the source of tlll mterial n/a (4) Wtll th psopoeal requlr surfse vmc r witAdr valo or diver loru Clve g n ral d oerip- tlon purpoae ond opproxinate Qua titi 1t 1u+own . no (5) Doee the propos 1 lie vithin 100-7e&r tlood plalo 2t eo not locacion o the oite p Lc no ~ c-on ~ (5) Doee th pr poael inv 1 r di charg ! vos[ aat riol to eurf ee v c re 1t eo ~ ~f d ecr16 th type ot v sc a d ecicipated ol me o[ dieehsrg / no l y1 ~ ~ IC P Q~ e~r ` . l aa I`r'Pol D Gro nd (1) Vill groundv ter De vithdr va r vill vnter De discharged to gTOUndv ter Clve generel d cripcion purpo e d ppro ireace Quo titie if lmovn . Standard 208 on site drainage system f- ~'LOC-.r' t ~ 1 r ~ ~ Deecrlb v oc Oa[!TS 1 that vill se dleeAarg d loto tAe grwod troe sepcic canko r otT►er ~/^1 V i 1~~~ oit ry vance traatment faeilLty D scribe che Q ner 1eis o[ the eyotm [I+e numEer ( h c be rv d(lt ppli bl ) r the nunber o[ perao m the ereceo(o) ere espected t e~ None , ~o1~c c~c v (3) D c SD y y cea thar ct►a ch d ig ed tor the di poml t senitnry vaet i c 11 d f h p p ! d! 1+ gl S!luld belov th g ouod u ix (!n lud y tem u A ~S~••- J~ ee thoee Eot [he dlspoeal of stoce vi cer or draloage lroo lloor dtaim ) Deoeribe tAe t7p ot ~ ~ y c o th oounc of mc rial to Do diapo d oI through cAe er cea nd che cypee ot matari le likely to be diapooed ot (lncluding matetriolo vhieh aa7 eator the eyocm Smd ortaetly tArwgh pill r r ult f t!r !lghcing eclvlti ) lJone ~ r~1! L (Z) y111 y chmical• (eopeelelly orgaoie ol nts or p crol us tualo) be etored !n ebo e gtound or underground t r g c nk.o It so vAac npao od quanticiea ot mtnrialo vill be et reE None 4 SPOKAf(E ENXiROfM€NTAL OR01J1AliCE (wAC 197 il 960) Section 11 1D 230(1) B EHYIROtMENTAL EtEHEt(TS (conttnued) Evaluation For Agency Use Only 5 ANIMALS a Circte any Dirds and animals uhich have been observed on or near the slte or are knwn to be on or near the S1te birds hawk heron eegle (songbirdS ther mamnals deer bear elk beaver other fish bass salmon trout herring sheliflsh other Other b list eny threatened or ertdangere0 species tnw n to De on or near the slte unknown c Is the site part of a migration route' If so exoialn No G Proposed neesures to preserve or enhante wtldllfe if any None 5 EyERGY AMO 4A7URAL fiE50URCES a what kinds ot energy (etectric naturel gas rooE stove solar) v111 be used to meet tAe tne comDleted project s energy needs' DesCribe vhether 1t v111 be used for heating aanufac turing eCt Gas/eleCtri_C for Pa in; h Vauld your projett affect cAe potentlal use of solar energy by aQjacent propertiesl' lf so generatly describe No c unat kinds of energy conservetion feetu es are fnciuded In the plans of tnls proposal lisL ~ J- other proposed mcasures to reCuce or contsol energy impacts 1f any ~Q ~I ~ Vf l~~L energy code compliance ~01( c u 7 ENVIRONMENTAL HEALTH a Are there any env/ronenental health haxards including exposure to toxic chemicals rlsk of flre and expiosion spiil or nazerdous reste tnat could otcur as e result of this proposal7 1/ so descriDe No (1) Describe special emergency services that mtght De required None 6 srown MvnOrMTreL oaDixsxct (4AC 197 11-960) Section 11 10 230(1) 8 [RVIAOl7ltLRiAL ELZMnM (tontlaumd) luation For Agency Uae Onlq j Appro:loetely hov mny p ople vould ch eoapl ted pcoleet dlaplacet N on e k Propoeed mm suces to ovold or tedute dluplncmcnt Lepaets it Any n/a 1 Propo ed ae ur e to en ure che ptopoaal is covyaciDle vith exis[ing aesd projeeted Lnd uoeo aod pl ns !t eny see site plan ~ I~ CDj2 1.~~~ h ns yr~~I 9 HOUSIHG v Approxim c ly hov o►a y untc vwld Aa provlEed 1[ anTT Iodieaco rhuther hlgh- oiddlr or lowLncome haumin8 e1C 34 b Approxioocely hov oanr uaita !t an7 vould ba eliaimtodT Indicota vhochar hlgh- atddl r i )r~ lov lncom housing r'I1/5 none 'lA1c•~ j ~ ,<J c Prop A mmeur s to r duee or e etrol houoing isp cta Lt ay landscape barriers v courtyard 10 AESTIIETICS Vt+ e i ch c 11 at heighc o( nny propooad octuecure(a) oot Seeluding aotanmaat Vhat te the princiy 1 e:t rtor Duildleg mc ti 1(0) propo ed 36f t and 45 f t 1~a3r( CL D Vh t 1 v le ch lmediat vieinicy vwld Da olc d r bacru c di ~evi --'%f~ c Propoe d oe ur s t e duc or coAtrol ae thntic lapaets tf aoy See site Dlan ~ 11 I.ICH- AND CI,ARE - ^ 7Aet C7p of light oc g L re vtll the ptopoaai produeo .1hat tioe o[ day vould 1t osialy otturl~l ~ Interior lighting - evening ' r Drojaec Eo o aolec7r hesasd r!nt elar vitA tow ~A )81 D Cou2d 2iBAc or 8L re frnv tAa tlniah d no c Vhac zi ting oft ![e ou c o ot 11gAt r glare my tf ct your propooal None M r(C V(. hIc,f~ l d Propo d oeaoureo t reduce orn~c racrol light od glar Lap et if aay ~ L-y l T tn.llslaZSn i n s ~ r ~Jt, 8 \DUecI v-v tc 51~0 G . ~tiA)!no seoTuqe MviRa0Wrr44. osDtaexet ~ (VAG 197-11-960) Seetion 11 N 230(1) D EPVIlOtBEi'.AL II.Da3lS (eontimed) ¢vnluation For Agenq D e Oaly f H v oany vehicul r trlp per day rauld D. gen rated by the eoepleted projeet 2[ lmovn lndiute vheo pealc vould oceut 1 llibll:+.3Cm g Propoo d masures to reduee or eoectol tranaportation Sapaccs it aoy None , ~Cbnp(ronco 0,l ~ , . ` rOvel ~ Ccvid&tcns of p y c\S U l I'~C R-4-0c~~ ~/lSl15 PUBLLC SERVICES V4~'b~~t~ a .tould the ptojeet reeult in an loerosoed amd for public oonieoo (for esavpla tire protuaion ~1~ ~ poliee proteetion Aealth eor• oehoolo othet)t If eo gen rall) daseribe No b Propooad neaourea to r d eo or eonttol direec impaete on pvDlit oarvleao 1 any NpJ3P ie U-ILI-ies i r-- - C1 utili urtentl Y4 le •c the site eleetrieic mcur 1 ga ew ter retuee~ ervic cel pho aitaty $avar aeptie nratea ot b Deacrlbe th utilitles tha[ a[s pTOposad tor the proyne[ the utility pro lding the oo nica ad the e or 1 conatruecloo oetlvicieo 0o the oito or in the lmosdiate vleinlCr vAieh algA[ De nad d None C SICNATURE I the und roign d n+ear uoder the penal[7 oI petjuey that the nbova raopom aa aro mde etutAfu117 nod to the be t of or lcaaaledge I lao nd t nd thet ~ he b or vlll[ul al D ct tl n r villtul L k[ tull di lo u NI p rt the g net my vtchd v y determim tion ot no i ifieance that ic gh aue in relleoce upoc thlo cRactlist ot r 29. 1 rovo at Greeorv G. Arger (Pleme Ptinc or Type) Prop n nt Mdreoo 'A(1(1 N- Mul 1 an R[j sii, r_ _ 2f14 igns ~ ~n 926-531~ 1 f Spokane, WA 99206 per,on comviet1ng corm r o.ca pecember 29. 1997 none 926-5311 fOR STAPP QSE OFLY *i,.,t Sc ff mmb r(o) r evteving ehecfclist B sa~~that iev oi the eaviroaaeccal eheeklist and otheiotm tlon the otai! A th re re no probaDln signlfieaot edv rce Sapaeco and recom:aeado a detsiaiaatioo oi ooosigniileanee e Coacludeo chat probable oignillaaot adverae eavieonmeo[al lapaeto do u et for the eueroec propooal and rneommendo • oitigaced det r- nimtlon o( nom lgnlfieanee vith coaditiom C Coneludee that these ate probsble eigniflcact advecoe enviroumeotal iapatta and reeaaaend• a deteeoination ot oigaltieanee T2LIAC PIM - =75 00 10 r ' • . l S P O K A N E O U N T Y BUILDING AND PI_ANNING • A DNISION OF THE PUBLIC WORKS DEPARTMENT JAntcs L. MAtvsotv, C.B.O., D[RECTOR DENNIS M. SCOTT, P.E., D[RECTOR MEMORANDUM TO: Spokane County Division of Engineering; Pat Harper Spokane County Division of Utilities; Jim Red Spokane Regional Health District; Steve Holderby Stormwater Utility; Steve Worley Development Engineering Services; Bill Hemmings, Long Range Planning Division; John Mercer Fire Protection District No. 1 Vera Water & Power Central Valley School District No. 356 Spokane County Boundary Review Board; Susan Winchell • Spokane County Division of Parks, Recreation and Fair; Steve Horobiowski Spokane Regional Transportation Council; Glenn Miles Spokane Transit Authority; Christine Fueston • WA State Department of Transportation; Mark Rowher FROM: Kristine Chase, Secretar-ve DATE: January 15, 1998 SUBJECT: ZE-88A-96 & ZE-36A-96; Change of Conditions Please find enclosed the application for the Change of Conditions for ZE-36A-96 and a revised environmental checklist and site development plan which addresses both ZE- 88A-80 and ZE-36A-96 that was inadvertently left out of the packet you previously were sent on January 13, 1998. 1026 WEST BROADWA1' AVEIWE • SI'OKANE, WAsxtNCTOrv 99260 PHONE: (509) 456-3675 • FAx: (509) 456-4703 Z'DD: (509) 324-3166 • • 1 .,bl,r ~J~-.~iM+M~ rnrq 1!1j~ Q 8661 F, j NV[' A 03H ' S P O K A N E 1 O U NT Y BUILDING AND PLANNWG • A DMSION OF THE PUBLIC WORKS DEPARTMENT JAws L. MANSON, C.B.O., DIREC7'OR DENNIS M. SCOTI', P.E., DIREC'TOR MEMORANDUM TO: Spokane County Division of Engineering; Pat Harper Spokane County Division of Utilities; Jim Red Spokane Regional Health District; Steve Holderby Stormwater Utility; Steve Worley Development Engineering Services; Bill Hemmings, Long Range Planning Division; John Mercer Fire Protection District No. 1 Vera Water & Power Central Valley School District No. 356 Spokane County Boundary Review Board; Susan Winchell Spokane County Division of Parks, Recreation and Fair; Steve Horobiowski Spokane Regional Transportation Council; Glenn Miles ' Spokane Transit Authority; Christine Fueston WA State Department of Transportation; Mark Rowher ' FROM: Francine Shaw, Senior Planner DATE: January 13, 1998 e SUBJECT: ZE-88A-80 & ZE-36A-96; Change of Conditions Please review the attached revised site development plan for ZE-88A-80 which now includes a proposed Change of Conditions for ZE-36-96 (File No. ZE-36A-96). The subject properties are located adjacent to one another and the applicant is proposing the design and development of the properties as a single site with a unified site development plan. Currently, the Conditions of Approval for ZE-36-96 limit the respective site to 34 dwelling units. The applicant would like to aggregate the two properties into a single parcel with the intent of locating multiple family dwelling units equally throughout the site and around a central courtyard. This design will increase the number of dwelling units on the portion of the site governed by Conditions of Approval for ZE-36-96 beyond the density limitations stated therein. If the proposal and the sewer density bonus request is approved, the number of dwelling units currently allowed by ZE-36-96 and the underlying Urban Residential-22 (UR-22) zone for that portion governed by ZE-88-80 will be increased by six (6) dwelling units for a total of 136 dwelling units. The applicant has requested comments by January 22, 1998 in order to expedite the review process. Please find enclosed the application for the Change of Conditions for ZE-36A-96. Also, . please find a revised environmental checklist and site development plan which addresses both ZE-88A-80 and ZE-36A-96. If you have any questions or need additional information, you may contact me at 456-3675, ext. 218. 1026 WEST BxoADwAY AVENUE • SPOKANE, WASHINGTON 99260 PHOrrF: (509) 456-3675 • Fa.Y: (509) 456-4703 TDD: (509) 324-3166 ~f - - y o SPOXANE COUNTY DIV~TISION OF 3UILDING AND PLANNING ' DEC 2 9 1997 ~IIANGE OF CONDITIONS FO►RArv,,, , ~ ~'~VIO~JSLY .A~'P~tO'VED ZC~NE ~'~IAI'~~~'W"vG,q►vfl e December 29. 1997 ApPlication No z r~ '0 Dat Name Of ApplicantlRepresentative Gregorv G Arger , Matling Address 300 N Mullan Rd. Suite 204 City Snolcane St1te WA Zip -gA?rjL Phone 926-5311 (Woik) (Iiome) Existing Zone Classification UR-22 Date Existing Zone Classiication Established 12 /17/g6 Legal Description of ProPerty Parcel 45221 9200 W 165 ft of E1f95 ft nf NE 1/4 of NE 1/4 S of CM ST P&P RR r/w exc S 20 ft and exc N 290 68 ft mfl Parcel 45221 9217 Ptn NE 1/4 of NE 1/4 DAF, Beg at pt on sly r/w 1n of abziiiYi in I' / W .j-Zgr-/J t L W rJ - Section 22 Township 25 Range 44 Source of Legal Tran sna fiinn Tir 1 P ('.n Parcel Na 45221 9200 & 45221. 9217 PItOPOS~~ ~I-IAIti1GE OI' CONDITIONS Reference specific Condition(s) of original aPpioval (Cite the applicable condition fiom tlle F'lndings and Order of the Hearing Exam..iner Committee's public hearrng) Submstting one site nlan for two adjonin.g parr-el groupings for efficiencv of lavout . Give detailed explanation of request for change in status of the proposal - Combinine adiacent nronerties into one site plan to gnin Pff7riPnrv of layout If deuelop nt of the site wii U c angeci substantialiy Uy this request or the propeity has l~oundaii different than o zl y proposed a aevised development plan must be subinitted fgt(ature of ppl it oi 9 Addtess if diffetent than Applzcant Rev 1/96, sam i + r 4 • a ~ ~ , i. S Y~ O it ~ N I~ g O U N T Y DiVIStON Oi' LNCENCf RlNG AND ROADS o A DiVIS10N Of TIIC I'UDI 1C WORi.S nfPARTAtI'NT INilljim A Johns P C Connty I'nsineer Dennis M Scoll P E Director AGRE E MEPNT TO PAY FEES ENGINI:ER'S AGRY;CMEN'I' NUrvfI3]ER This 1Sreement between Srokine County ind ~~~ArM~er Cavital Cornoration wliose ►nterest in the proJect is Owner is entered into tl»s 29th cf-ty of December 19 97 This agreement is 1pplicable to tlie proJect knownis 4th & Evergreen Apartment Project That the indivicluals ancl part«s named herein as having an interest m the above deseribecf property or projeet agree to tlle following 1 Rennhurse Spokine County for project review 1nd inspection fees 1s spectfied m Chipter 9 14 oF tiie Spokane County Code The fees will be based on actu-il saliry costs incurred by Spoklne County for proJect reviews and / or inspections plus a ten percent adrninistrative charge ind will be billed monthly as accrued Any btUing amounts due including any expenses incurred in the collection of an overdue account must be patd prior to the County sacceptance of the Project for fiing If apraJect is approved ancl/or filed witii a balance still owing tlle unpaici ballnce sliall be paid within 30 days of the invoice dlte 2 The undersignecl agrees tti-it lhese fees are due and payible uPon receipt of the billing as specified above 3 Any invoices not patd within 30 clays af the tnvoice ctate wttl be considered deiinquent If any outstinding hilance on the -iccount for this project is not pitd withln 30 diys of the invoice dite no ftirther revtews of the proJect documents will be conducted until the entire account ballnce is piici Any balance on the account for this project not piid wrthin 65 diys of the invoice date may result in legal action or the initiation of otlier cotfection proceclures incluc3ing reFerrll to i collection agency Tlie Sponsor will be liable for any and all expenses incurred by tlle County for tlie collection of overdue accounts 4 The monthly bi11ing should be sent to the lttention of NAME Gregory Arger ADDRCSS 300 N Mullan Rd, Suite 204 . CITY STATC Spokane, j,TA Z1I' CODC 99206 PIIONC # 926-5311 I unclerstand tliat flilure to pay these fees miy result in delay in completion or approvai of ttie project or otlier possible slnctions D tf this fee agreement is completed by someone otlier tli-in tlie Sronsor (i e tlie project owner or i prtneipal en tfle rirm sponsortn the project), sticll the Engineer designing tlie project then written atitliorization from tli ponsor speciic a ?Ithorizing tlie Agent to execcrte t1irs Fee Agreement is attaclied to tlil Asreement SIGNATURC I3y , / r.Y'POlIY'l) r _ AYO[n, Y V .1 6,d (I'RINT NAME) 1Z.F'~Tt1RN YFi.L[)vv CQ=O SPOKANT'. COUNTY T;NGiLyF+ k1s\(lagreefee clnc 2/1/96 1026 W Broiclwiy Avc Sp»lmnc VVA 99260 0170 (509) 456 3600 rAX (509) 324 3478 Tnn (509) 324 3166 A -Ahl& ~ ~ ~ S P (D K A N E C O LJ N T Y ....~n jL~.~ OFFICE OF THE HEARJNG EXAMINER MICHAEL C DEMPSEY CHIEF EXAMINER May 12, 1998 Gregory Arger, 300 North Mullan Road, Suite 204, Spokane, WA 99206-6806 David and Susan Scott, P O Box 183, Veradale, WA 99037 Neil Francom, 404 South Evergreen Road, Spokane, WA 99216 Denny and Peggy Lapikas, 13823 East 5`hCourt, Spokane, WA 99216 Karen Cone, 13620 East 3' Avenue, Spokane, WA 99216 Albert and Eileen Tams, 13604 East 4`'' Avenue, Spokane, WA 99216 Phil Bruni, 311 South Evergreen, Spokane, WA 99216 Walter aild Margaret Johnson, 13907 East 4' Avenue, Spokane, WA 99216 Lynette Bailey, 13306 East 6~' Avenue, Spokane, WA 99216 Sue Mathis 13614 East 3' Avenue, Spokane, WA 99216 Jim Scott, 2312 South Bolivar, Veradale, WA 99037 RE ZE-36A-96, ZE-88A-80 ~ Dear Parties of Record I know you are probably getting tired of receiving letters on the above item However, please be advised that I have decided to hold a continued heanng on a revise.i site plan for a 136-unit retirement project and traffic analysis by a licensed professional englneer retained by the applicant to be held on Fndav. June 12, 1998, commencirig at 9 00 a m in the Commissioner's Heanng Room, Lower Level, Public Works Building, 1026 West Broadway, Spokane Please see Gregory Arger's letter to me dated May 11, 1998 regal ding the submittal of a revised site plan and traffic report I will give Mr Arger until Monday, May 18 to submit these documents, which should then be available for your perusal The County planrier assigned to this matter Francine Shaw, has advised me that the revisions to the site plan are expected to be minor in nature I anticipate the focus of the heanng will be on the changes to the exlsting site plan, building height and density, and traffic impacts I would ask the County Traffic Engineer to attend the continued heanng, if at all possible Ti iiRD FLcOii PunuC WoRKS Buii DIhc 1026 IVcsT BRO NDwn) Avi 14ur Sr 01.n\2 Wnst itvcToU 99260 024:) PF{ohe (509) 324 3490 Fn\. (509) 324 3478 TDD (509) 324 3166 Y~ ~ ~ Notice of Public Heanng ZE-36A-96/ZE-88A-80 May 12, 1998 Page 2 This is the only notice of public hearing you wall receive If you have any wntten comments to submit, please send them to the Division of Building and Planrung, ls` Floor, 1026 West Broadway, Spokane, WA, 99260-0050, Attention Francine Shaw Your comments should reference the file numbers for the project If you have any questions about the proposed revisions after their submittal, please contact Francine Shaw at (509) 324-3218 Very truly yours, CtAn Michael C Dempsey Heanng Exanuner Enclosure c Francine Shaw, Division of Buildmg and Plammmg Scott Engelhard and Bob Brueggeman, Division of Engineenng and Roads -098 3 20Pk/i FPGN1 P 2 ii G. ARGER CO REAL ESTATE, INCo :.CO N MuUan Rd Suite 204 Spci ane WA 990206 E8G6 (SGS) 92fr531 1 CenterPointe Business Park FAY (509) 5274823 ,YZay 11) 1998 TWW.r Mich3el C Aerzypsey Chief Heartng EYaminer SpoIcane Courry 1026 W Broadwar A.-, e Spokane WA 99260 RE File Nox ZE-36 q-96, ZE-88A-80 Dear \rlike Puzsuaat to yoLT letter dated'vlav 7 1998 A) V+ w- find gQ.Lalr.tess cdnfl ct and want you to conUnue ciPai1ng our 70ning acLOn B) V4 e are obliged to submit to the Spokane Couniv Planning Dcpt a rz% D.a,.~ for a ] 3u urut re uerne~Zt project ard a trafdQ1Udv_mon bv a Iicensed prafeasional cilgireer no later than Friday, lvIay 15 1998 to help exveicbte the earitest he~~ng date possible 4i the hearing we A 1 Il add*ebs tne concems an(i speeihes of our Fzo) ect ana an:-,~.~ver an) qliestions Thanlc you for yotu com-iderat on V er * ~ ycurs i ~ ~ / lvr~g~ry .A~'~cr Broker - Freside-t "A Resourceful Corrpany" C4&1McRCZAL DE%/E! opMENT ° I.EASINC a FES1DEhTiAL 6 APFRA6AL e P2OPE2TY MANVCE1~iEyT q (i MEMORANDUM DATE May 18 1998 ~ TO Scott Engelhard CC Francine Shaw, Spokane County Planning Ann Winkler Inland Pacific Engineering Inc FRONI Steve Stairs II II I II~ SUB.9ECT Threshold Traffic Study for Arger Retirement Community SppK~~AU~Y at 4'h & Evergreen ZZ - Z S~ z/~ - - I have completed review of the above referenced document and have found the information complete and that acceptable methods were employed in the study Therefore I recommend that we accept this threshold study and allow this project to continue in the hearing process If you have any questions concerning my review of this document please feel free to bring them to my attention ~ FFR ~ BNLAND PACIFIC ENGINEERING, INC May 14, 1998 - ~ W O No 98399 IT I Francine Shaw Spokane County Planrung Department W 1026 Broadway Spokane, WA 99260 Re 'I'hreshold Traffic Study for Arger Retireanent Community Dear Francine, ~~l I ~wrc~ Based upon our project understanding through conversations with Scott Engy leehart of Spokane County Engineers, and Greg Arger, the project sponsor, we have prepared a brief traffic threshold determination for tlus project This threshold study has been required as supplemental information for a continued hearing for a zone change The proposed project is a 136 urut retirement commuruty The property is zoned UR-3 5(Urban Residential - 3 5 Uruts per Acre) and zone change is being sought to UR-22 (Urban Residential - 22 Units per Acre) THRESHOLD DETERMINA TION I INTRODUCTION The 6 acre site is located on the northwest comer of 4th & Evergreen The vicinity map, Figure 1 which is attached to this letter show where this proposal is located A site plan will be sent to you under separate cover directly from the architect The site will have it's pnmary access point onto Evergreen Road A minor access to 4th Avenue will also be provided II EXISTING CONDITIONS Fourth Avenue is an east/west two-way, two-lane collector artenal Fourth Avenue is posted at 25 mph Traffic on Fourth Avenue is stop controlled for all arterial intersections, including Evergreen Road Evergreen Road is a north-south, two lane prulcipal artenal It has a speed limit of 35 mph III EXISTING CONDITION - Levels of Service (per HCM) Traffic counts were taken at Evergreen Road & Fourth Avenue on May 12, 1998 by Inland Pacific Engineering personnel The PM peak hour from tlus count was used to evaluate the traffic effects of the proposal 707 West 7th Suite 200 2020 Lakewood Dnve Suite 205 Spokane WA 99204 Coeur d Alene ID 83814 509 458 6840 FAX 509 458 6844 208 765 7784 FAX 208 769 7277 Threshold Traffic Study for the Arger Retirement Community May 14, 1998 Page 2 Evergreen Road & Fourth Avenue is an unsignalized intersection vvith Fourth Avenue stopping for Evergreen Road The existing traffic volumes and characteristics were evaluated using standard methods as outlined in the Highway Capacrty Manual Third Editaon 1994 for unsignalized intersections Level of service calculations were performed using the Highway Capacity Software, version 2 1 e The existing level of service at the intersection of Evergreen Road and Fourth Avenue during the PM peak hour is LOS C wnth 118 seconds of delay Level of service C is an acceptable level of service for Spokane County i.ntersections IV BACKGROUND PROJECTS No background projects were identified for inclusion in tlus traffic threshold study However, a non site specific traffic growth factor of 3% compounded per year for the anticipated development tune line of tlus project was included This annual growth rate estunates the traffic increases in the study area due to the natural increase in traffic V TRIP GENERA TION The Institute of Transportation Engineers, Trip Generation Manual 6th Edrtion, (TGIV) has many different land use categones which represent va.rious retirement uses The facility will have interior hallways and will serve one meal a day to the residents These residents will be fairly active, but the living areas will be set up so that the residents can call for assistance if necessary The specific proposal being put forward, therefore, is most closely modeled using Land Use Category 250 Retirement Commuruty Table 1- Trip Generatcon Rates for the Arger Retrrement C'ommunity , AM Peak Hour P1VI Peak Hour ~ No of Vol @ 0 29 Daa-ectional Vol @ Directaomal Units trips per Distributioo 0 34 trips Distrgbutaon unit 51 % In 49% Out Per units 56% In 44% Out ~ 136 39 20 19 46 26 20 * No mformation is available on average daily traffic Threshold Traffic Study for the Arger Retirement Commuruty May 14, 1998 Page 3 An apartment complex was previously proposed on this site Tlus apartment complex was proposed to have 1361iving unrts If an apartment complex were developed on this site, the tnp generation rates are anticipated to follow the trip generarion information in Land Use Category 220, Apartments, in the TYip Generation Manual 6th Edthon This information is summarized in Table 2 Table 2- Trip Generatcon Rates for a 136 Unct Apartment Complex AM Peak gIour P1VI Peak Hour lvo o~ Vol @ 0 56 Directional Vol @ Dnrechomal Units trips per Distributnon 0 67 trips Distributaon unit umits 28% In 72% Out per 61% In 39% Out 136 76 21 55 91 56 36 Average Daily Trip Ends (ADT) gJnits Rate Total ADT 136 6 63 902 Note that the retirement commuruty generates about 50% of the traffic that an equivalently sized apartment complex would generate VI TRIP DISTRIBUTION (srmplified gravity model) For this analysis, rt was assumed that the traffic generated by this retirement communrty would ingress and egress from the site approxunately in the same proportions as traffic at the 4th & Evergreen intersection, namely 49% from the north, 9% from the west, 32% from the south and 10% from the west dunng the PM peak hour PM peak hour are traffic volumes for the site are shown in the technical appendix VII FUTURE CONDITION wrth/wrthout PROJECT - Level of Servrce The development of this retirement commuruty is anticipated to be complete within two years ' Therefore, the traffic situation examined for this traffic threshold study consists of the year 2000 condition, both with and without the traffic from the retirement community Traffic from other (background) sources include the existing traffic volumes increased by the compounded 3% annual growth rate The levels of service expected for this intersection with the stated traffic increases expected in 2000 with and wnthout the project are shown on the following table The traffic volumes whlch the levels of service in the table are based on, are shown in the technical appendix Threshold Traffic Study for the Arger Retirement Community May 14, 1998 Page 4 Table 3- Future Levels of Service at Evergreen Road & Fourth .4venue P M PEAK HOUR INTEItSECTION WITHOUT PItOJEC'T WgTH PROJECT EvergreeID Road & Fourth Avenue I)ELAY LOS I)ELAY LOS Year 2000 Condition 13 1 sec C 13 S sec C Table 3 shows that the level of service at tlus intersection will remain at level of service C in the future There will not be capacity constraints at this intersection, even with the addrtional traffic from the Arger Retuement Community If the site were developed as an apartment complex, the traffic from the site would be increased, and the level of service would continue at LOS C wrth 14 3 seconds of delay VIII SAFETYANALYSIS Accident suminaries available for the most recent three years from Spokane County for the intersection in the study area were assembled Generally accidents are documented by type of occurrence, such as property damage or injury No fatalities occurred at 4th Avenue & Evergreen Road during the last three years Accidents are measured based on frequency per million entenng vehicles This ratio is a function of the average daily traffic entering the intersection and the annual frequency of accidents Table 4- Accident datafor Evergreer: & Fourtli Avenue ACCIDENT STA'I'ISTICS A'T 4TH & EVERGREEloT ' , 1995 1996 1997 1998" Per PDO INJ FAT PDO IPtJ I+'A'T PDO INJ FAT PDO INJ FAT 1VIEV 0 1 0 3 1 0 0 1 0 1 0 0 042 * - partial year Accident rates at this intersection is below 2 00 accidents per million entenng velucles, the WSDOT threshold for safety improvements Therefore accident lustory should not be considered a problem at tlus time This does not mean that the intersection is accident free However, the frequency of accidents does not indicate a situation where the accidents are occurring for an identified reason Accidents, until they get close to this 2 00 accidents per MEV level, are random occurrences and i Threshold Traffic Study for the Arger Retirement Community May 14, 1998 Page 5 have no cause wluch could be remedied using currently available engineeruig tools The increases in traffic expected at tlus intersection in the future, with the srte developed as either a retirement center or an apartment complex vvill not increase traffic significantly, and will not increase the accident rate to rates wluch would indicate factors beyond random occurrences as the causes for these accidents IX CONCL USIONS Based upon the information contauled in tlus report, wluch ulcludes cunent traffic counts, a reasonably conservative traffic growth rate, and the additional traffic from the proposed development, it is shown that the intersection of Fourth & Evergreen is functioning at acceptable levels of service now and will remain at acceptable levels of service at project build out No safety problems or capacity issues were idennfied at this intersection X RECOMMENDA TIONS ~ Based upon the conclusions reached in this threshold determination, no mitigation is necessary Therefore, no recommendations for geometric or control changes are made After review of tlus threshold determination please let me know if you have any questions, or if additional analysis will be necessary Sincerely, d"L Inland Pacific Engineering Co ~y WI WAS o 4A~~ y ~ Ann L Winkler, P E 31398 ALW/alw c~ss'~ ~~G~ OHp1, encl IEXPIRES 5/1 / . . . cc Scott Englehart, Spokane County Engineers Greg Arger, Arger Co - - - ~ - - . . . - . - . . - . _ -I ! . S p 0 . . LIVAy ~ K ~ . . . ~ - i f ' ~ - , WAII_ i , I _ ~ oi CO-T n kww~ ~ ' ~ 0 A ~ ISPRAGUE ~ ~ . 4TM r ~ - B"M I L3 r 2 17t - a I ~ ` ' a w ! a i z : o ; - ~ ~ 2 °a 16TH i ' ~ NOT TO SCALE ! . FlGURE 1 ~ i B R1LAND I~ ARGER RETIREMEiVT CENTER ~ PACIFIC ~ - ~ ~ ~~GINEERoNG TRAFFIC IMPACT ANALYSIS VICINITY MAP ~ 707 ne 7th suite 200 0 98399 est 509458-6840 PROJECT N ~ Spoka . WA 99204 FAX (509) 458-6844 - -_.;_,-o. - , . . _ . . . N `y V ~ 14 cP tlkm30 ~ ' 51=:> a51 2~J a3 17c:,-, ~15 I ~ ~ W ~Qp ' W Q ~ O N P I W ~ N Of Of j w i. 4TH AVENUE w 4TH AVENUE ~ _ ; . ~ - ~ I ~ 6m~~~~~~ COA~~IIIONS SITE GENIb~~~D TRAFFIC ~ : _.W.- r.. ~ _ . , . _ _ . ~ M~ M I Mn M ~ O 15=P 11~132 ~ O iscel 1%.32 ~ ~ 58~J C=56 8~J G=56 : ~ ~ ~ ' Z ~QG~ ' Z w ~l Q~ ~ ~ LL 'I ~ I ~ w ~ 4TH AVENUE w 4TH AVENUE ~ ~ ~ I I 2000 WI TI-I OUTPROJECT 2000 WI TH PROJECT . ~ ~ i I il . i ; NOT TO SCALE - . - - - ~ I NLAND I: ARGER RETIREMENT CENTER FlGURE 2_ PACIFIC EXISTING, FUTURE AND ~ ENGINEERING ~ TRAFFIC IMPACT ANALYSIS '.I SI TE GEN ER ATED : 707 W e s t 7 t h S u i t e 200 (509) 4 5 8- 6 8 4 0 ~ Spokane wA 99204 FAx 509) 458-6844 PROJECT NO 98399 ~ ~ TRAFFIC VOLUMES J 00- ~ . z~ +n~' ~ I LOYIAM~v\,~j , s 1~2 ~r~VQwO► y ; . w ~ ; L i ~ ~i ' w ; ~ Se~or~~► 0 r y~r~ vew a y ~ . ~ 2 2 A\je- A f 1" 1~ 2a 10 (Ar *A ~ ~raI L v o urres ~ No-~ +0 5cq ~ - ~ - - ~ ~ - ; _ ~~1 a ~ BnlaIld ~ MEMO ❑ PROJECT Qra-er L1~'`' Gr~ ~ Pac' f 0 c ' CALC ❑ JOB NO SHEET ~ v OF ' ~ En1nee9"li'~ ' S ~ g g, MEETING ❑ BY DATE West 707 7th Suite 200 Spokane Washington 99204 OTHER ❑ CHK'D BY DATE a 509 458-6840 Fax No 509 458-6844 ~ - - ~ . - - - - - - - - - - HCS Unsignalized Intersections Release 2 le PMEX HCO Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph (904) 392-0378 Streets (N-S) EVERGREEN ROAD (E-W) 4TH AVE , Major Street Direction NS Length of Time Analyzed 15 (min) Analyst ALW Date of Analysis 5/13/98 Other Information EXISTING CONDITIONS Two-way Stop-controlled Intersection Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No Lane s 0 > 1 < 0 0 > 1 < 0 0 > 1 < 0 0 > 1 < 0 Stop/Yield N N Volumes 10 282 7 29 401 30 14 51 17 15 51 30 PHF 92 92 92 92 92 92 92 92 92 92 92 92 Grade 0 0 0 0 MC' s (01) SU/RV' s ( % ) ' CV's (o) ~ PCE' s 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap ( tg ) Time ( t f) Left Turn Major Road 5 00 2 10 Right Turn Minor Road 5 50 2 60 Through Traffic Minor Road 6 00 3 30 Left Turn Minor Road 6 50 3 40 i HCS Unsignalized Intersections Release 2 le PMEX HCO Page 2 Worksheet for TWSC Intersection Step 1 RT from Minor Street WB EB Conflicting Flows (vph) 311 452 ~ Potential Capacity (pcph) 963 817 Movement Capacity (pcph) 963 817 Prob of Queue-Free State 0 96 0 98 Step 2 LT from Major Street SB NB Conflicting Flows (vph) 315 469 Potential Capacity (pcph) 1213 1025 Movement Capacity (pcph) 1213 1025 Prob of Queue-Free State 0 97 0 99 TH Saturation Flow Rate (pcphpl) 1700 1700 RT Saturation Flow Rate (pcphpl) 1700 1700 Major LT Shared Lane Prob of Queue-Free State 0 96 0 99 Step 3 TH from Minor Street WB EB Conflicting Flows (vph) 823 810 Potential Capacity (pcph) 404 410 Capacity Adjustment Factor due to Impeding Movements 0 95 0 95 Movement Capacity (pcph) 382 388 Prob of Queue-Free State 0 84 0 84 Step 4 LT from Minor Street WB EB Conflicting Flows (vph) 843 850 ~ Potential Capacity (pcph) 344 341 Major LT, Minor TH Impedance Factor 0 80 0 80 Adjusted Impedance Factor 0 84 0 84 Capacity Adjustment Factor due to Impeding Movements 0 82 0 81 Movement Capacity (pcph) 283 277 ~ I , HCS Unsignalized Intersections Release 2 le PMEX HCO Page 3 Intersection Performance Summary Avg 950 Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) EB L 17 277 > EB T 61 388 > 403 11 8 l 0 C 11 8 EB R 20 817 > WB L 18 283 > WB T 61 382 > 441 11 0 1 1 C 11 0 WB R 36 963 > NB L 12 1025 3 6 0 0 A 0 1 SB L 35 1213 3 1 0 0 A 0 2 Intersection Delay = 2 3 sec/veh ~ f f HCS Unsignalized Intersections Release 2 le PMBO HCO Page 1 Center For Microcomputers In Transportation _ University of Florida 512 Weil Hall - Gainesville, FL 32611-2083 Ph (904) 392-0378 Streets (N-S) EVERGREEN ROAD (E-W) 4TH AVE , Major Street Direction NS Length of Time Analyzed 15 (min) Analyst ALW ~ Date of Analysis 5/13/98 Other Information 2000 CONDITIONS WITHOUT PROJECT Two-way Stop-controlled Intersection ~ Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No Lane s 0 > 1 < 0 0 > 1 < 0 0 > 1 < 0 0 > 1 < 0 Stop/Yield N N Volumes 11 299 7 31 425 32 15 54 18 16 54 32 PHF 92 92 92 92 92 92 92 92 92 92 92 92 Grade 0 0 0 0 MC' s ( o ) SU/RV' s ( o ) CV' s ( o ) PCE's 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap ( tg ) Time ( t f) Left Turn Major Road 5 00 2 10 Right Turn Minor Road 5 50 2 60 Through Traffic Minor Road 6 00 3 30 Left Turn Minor Road 6 50 3 40 ~ i HCS Unsignalized Intersections Release 2 le PMBO HCO Page 2 Worksheet for TWSC Intersection ~ ~ Step 1 RT from Minor Street WB EB Conflicting Flows (vph) 329 480 Potential Capacity (pcph) 943 791 - Movement Capacity (pcph) 943 791 Prob of Queue-Free State 0 96 0 97 ~ Step 2 LT from Major Street SB NB Conflicting Flows (vph) 333 497 Potential Capacity (pcph) 1190 994 Movement Capacity (pcph) 1190 994 Prob of Queue-Free State 0 97 0 99 TH Saturation Flow Rate (pcphpl) 1700 1700 RT Saturation Flow Rate (pcphpl) 1700 1700 Major LT Shared Lane Prob of Queue-Free State 0 96 0 98 Step 3 TH from Minor Street WB EB Conf licting Flows (vph) 872 858 Potential Capacity (pcph) 380 387 Capacity Adjustment Factor due to Impeding Movements 0 94 0 94 ' Movement Capacity (pcph) 357 364 Prob of Queue-Free State 0 82 0 82 Step 4 LT from Minor Street WB EB Conflicting Flows (vph) 894 902 Potential Capacity (pcph) 321 318 Major LT, Minor TH Impedance Factor 0 77 0 77 Adjusted Impedance Factor 0 82 0 82 Capacity Ad3ustment Factor due to Impeding Movements 0 80 0 79 Movement Capacity (pcph) 257 251 ~ I` HCS Unsignalized Intersections Release 2 le PMBO HCO Page 3 ~ ~ Intersection Performance Summary Avg 95a Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph) ( sec/veh) (veh) (sec/veh) EB L 18 251 > EB T 65 364 > 378 13 1 1 2 C 13 1 ~ EB R 22 791 > WB L 19 257 > WB T 65 357 > 414 12 3 1 3 C 12 3 WB R 39 943 > NB L 13 994 3 7 0 0 A 0 1 SB L 37 1190 3 1 0 0 A 0 2 Intersection Delay = 2 6 sec/veh ~ ~ I HCS Unsignalized Intersections Release 2 le PMBW HCO Page 1 Center For Microcomputers In Transportation ~ University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph (904) 392-0378 Streets (N-S) EVERGREEN ROAD (E-W) 4TH AVE , Ma3or Street Direction NS Length of Time Analyzed 15 (min) Analyst ALW Date of Analysis 5/13/98 ~ Other Information 2000 CONDITIONS WITH PROJECT Two-way Stop-controlled Intersection Northbound Southbound Eastbound Westbound L T R L T R L T R L T R i No Lane s 0 > 1 < 0 0 > 1 < 0 0 > 1 < 0 0 > 1 < 0 Stop/Yield N N Volumes 11 307 7 31 435 32 15 56 18 16 57 32 PHF 92 92 92 92 92 92 92 92 92 92 92 92 ~ Grade 0 0 0 0 MC' s (01) SU/RV' s ( o ) CV's (o) PCE' s 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 , Ad3ustment Factors Vehicle Critical Follow-up Maneuver Gap ( tg ) Time ( t f) Left Turn Ma3or Road 5 00 2 10 Right Turn Minor Road 5 50 2 60 ~ Through Traffic Minor Road 6 00 3 30 Left Turn Minor Road 6 50 3 40 i HCS Unsignalized Intersections Release 2 le PMBW HCO Page 2 Worksheet for TWSC Intersection i Step 1 RT from Minor Street WB EB Conflicting Flows (vph) 338 490 Potential Capacity (pcph) 933 782 Movement Capacity (pcph) 933 782 Prob of Queue-Free State 0 96 0 97 Step 2 LT from Ma3or Street SB NB Conflicting Flows (vph) 342 508 Potential Capacity (pcph) 1178 982 Movement Capacity (pcph) 1178 982 Prob of Queue-Free State 0 97 0 99 TH Saturation Flow Rate (pcphpl) 1700 1700 RT Saturation Flow Rate (pcphpl) 1700 1700 Ma3or LT Shared Lane Prob of Queue-Free State 0 96 0 98 Step 3 TH from Minor Street WB EB Conflicting Flows (vph) 892 878 Potential Capacity (pcph) 371 378 Capacity Ad3ustment Factor due to Impeding Movements 0 94 0 94 Movement Capacity (pcph) 349 355 Prob of Queue-Free State 0 81 0 81 Step 4 LT from Minor Street WB EB Conflicting Flows (vph) 915 923 Potential Capacity (pcph) 313 309 Ma3 or LT, Minor TH Impedance Factor 0 76 0 76 Ad3usted Impedance Factor 0 82 0 81 Capacity Adjustment Factor due to Impeding Movements 0 79 0 78 Movement Capacity (pcph) 248 240 ~ ~ HCS Unsignalized Intersections Release 2 le PMBW HCO Page 3 Intersection Performance Summary Avg 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph) (sec/veh) (veh) (sec/veh) EB L 18 240 > EB T 67 355 > 367 13 8 1 3 C 13 8 EB R 22 782 > WB L 19 248 > WB T 68 349 > 402 13 0 1 4 C 13 0 WB R 39 933 > NB L 13 982 3 7 0 0 A 0 1 SB L 37 1178 3 2 0 0 A 0 2 Intersection Delay = 2 7 sec/veh I~ I ~ I ~ - ~ I ~ i ' I `i I ~ ! i ~J , PrimQry ' s 1+e br(\/Z,0~1 . ~ ~ I ~ ~ L-Li Secos\Ao r Ybr(vQw a y i ~ 5 ~ Av e ~ I I PM p -e_.a► ~o(,t r I }rv►i C v o u rv\ 2s ' Na-~ ~-0 5 r-o~ ~ I ' .0 01*-. - . _ _ ~ - - ~ - - - - ' 1 8 0atl 0 d0 n fT"T~r. _ MEMO ❑ PROJECT PaC if 1 C ' CALC ❑ JOB NO SHEET ~ v OF ' Etl Y G~eerl n g g I MEETING ❑ BY DATE ~ West 707 7th Suite 200 Spokane Washington 99204 . OTHER ❑ CHK D BY DATE 509 458 6840 Fax No 509 458-6844 ~ ~ J _ i PROJECT NUMBER 98399 Project Name Arger 4th & Evergreen 14-May-98 INTERSECTION 44h & Evergreen PM PEAK HOUR - Apartments INITIAL COUNT DATE ~ 05112/98 YEARS TO PHASE I ~ 2 COUNT RATE TO EXSTNG I 0 00% YEARS TO BUILDOUT ~ 2 NIS GROWTH RATE ~ 3 00% EIW GROWTH RATE I 3 00% N!S ~ E11JV PEAK HOUR FACTOR ~ 09222 PHASE I GROWTH FACTOR ~ 1061 1061 BUILD OUT GROWTH FACTOR ~ 1061 1061 INITIAL MOVEINENT CURRENT NON-PROJECT PHASE I YR BUILD OUT PROJECT PHASE I BUILD OUT COUNT TRAFFIC VOL TRAFFIC WIO PRJCT UVIO PRJCT TRAFFIC WIPRJCT V41lPRJCT 14 EB LT 14 15 15 15 15 51 EB TH 51 54 54 4 58 58 17 EB RT 17 18 18 18 18 15 WB LT 15 16 16 16 16 51 WB TH 51 54 54 6 60 60 30 WB RT 30 32 32 32 32 10 NB LT 10 11 11 11 11 282 NB TH 282 299 299 18 317 317 7 NB RT 7 7 7 7 7 29 SB LT 29 31 31 31 31 401 SB TH 401 425 425 11 436 436 30 SB RT 30 32 32 32 32 EXISTING LOS= I FUTURE LOS = 11I I HCS Unsignalized Intersections Release 2 le PMBWAPTS HCO Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph (904) 392-0378 Streets (N-S) EVERGREEN ROAD (E-W) 4TH AVE Major Street Direction NS Length of Time Analyzed 15 (min) Analyst ALW Date of Analysis 5/14/98 Other Information 2000 CONDITIONS WITH PROJECT AS APARTME NTS Two-way Stop-controlled Intersection Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No Lane s 0 > 1 < 0 0 > 1 < 0 0 > 1 < 0 0 > 1 < 0 Stop/Yield N N Volumes 11 317 7 31 436 32 15 58 18 16 60 32 PHF 92 92 92 92 92 92 92 92 92 92 92 92 Grade 0 0 0 0 MC' s (01) SU/RV's (o) CV' s (01) PCE's 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road 5 00 2 10 Right Turn Minor Road 5 50 2 60 Through Traffic Minor Road 6 00 3 30 Left Turn Minor Road 6 50 3 40 HCS Unsignalized Intersections Release 2 le PMBWAPTS HCO Page 2 ~ ~ Worksheet for TWSC Intersection ~ Step 1 RT from Minor Street WB EB Conf licting Flows (vph) 349 492 Potential Capacity (pcph) 922 780 Movement Capacity (pcph) 922 780 Prob of Queue-Free State 0 96 0 97 Step 2 LT from Ma3or Street SB NB Conflicting Flows (vph) 353 509 Potential Capacity (pcph) 1164 981 Movement Capacity (pcph) 1164 981 Prob of Queue-Free State 0 97 0 99 TH Saturation Flow Rate (pcphpl) 1700 1700 _ RT Saturation Flow Rate (pcphpl) 1700 1700 Ma]or LT Shared Lane Prob of Queue-Free State 0 95 0 98 Step 3 TH from Minor Street WB EB ' Conflicting Flows (vph) 904 890 Potential Capacity (pcph) 366 372 Capacity Ad3ustment Factor due to Impeding Movements 0 94 0 94 Movement Capacity (pcph) 344 349 Prob of Queue-Free State 0 79 0 80 Step 4 LT from Minor Street WB EB Conflicting Flows (vph) 928 936 Potential Capacity (pcph) 307 304 Ma3 or LT, Minor TH Impedance Factor 0 75 0 74 Ad3usted Impedance Factor 0 81 0 80 Capacity Ad3ustment Factor due to Impeding Movements 0 79 0 77 Movement Capacity (pcph) 242 233 ~ ~ ~ ~ HCS Unsignalized Intersections Release 2 le PMBWAPTS HCO Page 3 ~ Intersection Performance Summary ~ Avg 95% - Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay I Movement (pcph) (pcph) (pcph) ( sec/veh) (veh) _ _ _ _ _ (sec/veh) _ _ EB L 18 233 > EB T 69 349 > 360 14 3 1 3 C 14 3 EB R 22 780 > WB L 19 242 > ' WB T 72 344 > 394 13 6 1 5 C 13 6 WB R 39 922 > NB L 13 981 3 7 0 0 A 0 1 i SB L 37 1164 3 2 0 0 A 0 2 Intersection Delay = 2 8 sec/veh i~ ~ ~ ~ i i ~ s a t-- s J _ - _ _ t~ ~C ys ~ d° , ~ ~ 4 xs., A ,ro.. M 1 F. rr i  0 I R., r:. r. r