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ZE-158B-79
100014 4/A se, AC w f l(r ~~Q4.L _ - ~ ,~J,Q~Y 6I-lt.~'N~ ~-c~4 L~ .~G 1.4~~ ~✓''c d'*'✓ t-~ cz d* z-o 4 44-4 #4~-~ X44-t-- x~~- t - -/V oooll ~t n tee J j 4e Ihfe~ 14, od ,O~* Oe 2&0~,,t4 t" Zfz", 14'ue YL.- 1~ r r v l ! y ~ l1 ~ I Z `N i !b Y1 G t-*l r - S J~ J i , ~ C u~ RECEIVED SPOKANE coo-INS MAR ` 1000 CURRENT pLf-tNNING Dv~~iC~N f ~jv low 0, i G - / / e r RECEIVED SPOKANE COUNTY MAR 2 20OU ANryINI., ! iiv;i~ CURRENT Nl RECEIVED SPOKANE COUNTY MAR `L s 2000 9g~6o -oasis CURRENT PLANNING DIVISION LUKINS & ANNIS, P . S . ATTORNEYS AT LAW 1600 WASHINGTON, TRUST FINANCIAL CENTER - 717 W SPRAGUE AVE. - SPOKANE, WA 99201-0466 PHONE (509) 455-9555 - FAx (509) 747-2323 Mischelle R. Fulgham Admitted In: Idaho and Washington Email address: MFulgham@Lukins.com Direct Fax: (509) 363-2478 March 27, 2000 HAND-DELIVERED Mr. Terri Millspaugh Spokane County Building and Planning 1026 W. Broadway Spokane, WA 99260-0050 Re: Valley Four Square Church Hearing Date: March 29", 2000 Dear Terri: Enclosed for inclusion in the Planning Division's file for the scheduled hearing on March 29, 2000, please find: Affidavit of Posting ➢ Affidavit of Mailing ➢ Title Company Certification ➢ Title Company Mailing List ➢ Assessor's Map ➢ Certified Mail Receipts and Green Cards ➢ All Returned Notifications ➢ Public Hearing Notice 4VVer rul y yours, HELLE R. FULG MRF:jaw Enclosures \\SPOKANEI\VOL2\15DOC\LJAW0Q0-MRF-HAMILTON-VALLEY FOUR SQUARE CHURCH.DOC SPOKANE - COEUR d'ALENE - MOSES LAKE FILE NO. ZE-158B-79 AFFIDAVIT OF POSTING STATE OF WASHINGTON ) ) ss: COUNTY OF SPOKANE ) -Q. -P- , being first duly sworn, deposes and says: At all times mentioned herein I was, and now am, a citizen of the United States of America and over the age of eighteen years. On the y day of '\Vco % , 2000) I personally posted a sign(s) as required in the Spokane County Subdivision/Zoning land use regulations at the following location(s) in Spokane County: .1'c7 a:~ 22 22 C3 C~ a vw o Q c9~ L.t~ c, Sig hire of plicant or gent Date Signed and sworn to before me this ID ' day of ffiv~ , 2000. -S BENS'y0~i;~t ~v,•o~F Ftoi • O.n ~ - NOT AR y Tp OTARY PUBLIC IN AND FOR THE STATE OF HINGTON . °FPUBLIC o°.• 3~'z Residing at: A2 12 16. WVv~ My appointment expires: oZ- lllil (APPLICANT FILL OUT AND SIGN BEFORE A NOTARY AND RETURN TO THE DIVISION OF CURRENT PLANNING) FILE NO. ZE-158A-79 AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ) ss. County of Spokane ) (Print Name:) Mt5c k e le. R. ru-! u being first duly sworn on oath, depose(s) and say(s): I am a citizen of the United States of America and over the age of eighteen years. On the day of , 1999, I personally deposited in the , United States mail at _:~N PD czn, 1A T_ with sufficient postage prepaid, a true and correct copy of the PUBLIC FEARING NOTICE, a copy of which is attached hereto and incorporated herein by reference, to the recorded real property owners and/or taxpayers, as shown on the Spokane County Treasurer's records as of the 3R day of 'ZoOa rn~ , 1-9", who have been found to own property within a four hundred (400)- foot periphery of the applicant's (and/or his/her agents) owned, controlled or under-option property. The notices were addressed to those individuals and sent to those addresses indicated on the attached list, incorporated herein by reference. In the event an address was not available in the official records, I used the current local telephone directory to attempt to locate a valid address. Notices to property owners and/or taxpayers adjacent (or directly across a street or road) to the proposal (including land owned or optioned) by the applicant and/or his/her agent) were by CERTIFIED MAIL as indicated by the attached certified mail receipts. Signature: Date: 3 ~ bD - Signeilir d sworn to before me this IS day of rnRA4h 499 WHLIN 1 l i' / ,~ysion• F • ~l~~~i • F~ +Ai•. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON 1060T A/? y : = Residing at PUBl1G i • M appointment expires. /Zo~az. 0,c W • ' lll111111~~~APPLICANT FILL OUT AND SIGN BEFORE A NOTARY AND RETURN TO DIVISION OF BUILDING AND PLANNING) FILE NO. ZE-15 8B-79 TITLE COMPANY CERTIFICATION AND APPLICANT CERTIFICATION TITLE COMPANY CERTIFICATION I do hereby certify that the following list of names and addresses, consisting of the attached pages, has been prepared from the Spokane County Assessor's or Treasurer's most current computer records, is to the best of my knowledge correct, and is current within thirty (30) days of the March 29, 2000 hearing date. I also certify I have provided loan numbers, if possible, when the owner is listed as a finance company. Signed by: Date: 3 Up For: (Title Company) APPLICANT CERTIFICATION I, the applicant or agent for the applicant, have verified the attached ownership list with the attached Assessor's maps and find t at a tax parcel numbers within 400 feet of the project site, including owned or optioned land as shown on the Assessor's map(s) have been listed by the Title Company. Also, I certify that all property immediately adjacent to the proposal location (including any property immediately across a street or road from the proposal and such property as may be owned or optioned by the owner/applicant and/or his/her agent) has been mailed CERTIFIED. PRINTED NAME. Kav] J Signed bY Date: 3 2 C~ 10.06 W. &64~ 1 5 9 0 U.S. POSTAGE P 6 2 2 1 2 7 4 7 a 99260-0244 4100 $00.330 e~ A~~q 3 3 5 5 MAILED FROM ZIP CODE 9 9 2 0 1 ~Q r'o 0 EAST VALLEY SCHOOL DIST #361 3415 N PINES SPOKANE WA 99206-4613 & ~NN~ • . 1026 ! 19 7 0 U.S. PC)STACE P g 2 212 7 4 7 99Z60-0240 - 4140 $ 00.330 3 3 5 9 MAILED MOM ZIP CODE 9 9 2 I~ 1 Q-No r r, J JAIVIAW PARTNERSHIP 9010 E INDIANA AVENUE 00100 SPOKANE WA 99212-2464 ~"'"`~~~-"~!"~~.~"~4r.3 i ~ll~Irlrlrrrfd~1t11ri~IrrtRi3rlfEltlr~rr~lla331r~~f~ -77 L•_ sa _ ~ &matt I U.S. POS 1026 AiL9EY FROM Zip CODE 9 9 2 01 a i e A J JAMAW ,ru 907 W RIVERSIDE AVENUE SPOKANE A 99201-1006 , 1 ~~C - ~~:9,1111:: IL11lIrtdltrtilltllllillltlll11$glrflr1 PUBLIC NOTICE PACKET ACKNOWLEDGMENT I picked up the Publ' oncjeinformation regarding Division of Current Planning File No.ZE- 158B-79 on this i V I day of RbfU , 2000. The public hearing is scheduled for March 29, 2000 at 9:00 a.m. I acknowledge the following information is included in the packet that I received. Public Hearing Notice Instructions Memo to Title Company Title Company and Applicant Certification Assessor's Maps with 400' Boundary Notice of Public HearingNicinity Map/Site Plan Reduction (Mail out all 3 pages) Memo to Mortgage Holder/Lender (I acknowledge I must fill one out for each property affected by a mortgage) Sign Requirements and Instructions SEPA Information for Sign (Red Supplement) Affidavit of Mailing Affidavit of Posting Note: Legal notice must be provided per attached instructions no later than: March 13, 2000 The above completed information and exhibits shall be returned to the Division of Current Planning at least 2 days prior to the Public Hearing scheduled for March 29, 2000. .r .-Tlf \-J PRINTED NAME: DATE: 2 SIGNATURE: r~ ,1- j l lit III ) ft V c 5 R-VIN • • • AT I. 1- 2 ervice Noc our Motco, It's: Our' Biisiness'" .9 9' 1<2 6e- oo. 'Y 77' 44 • . • _ • , .COQ Q0004L o4m - vp : !DECEIVEC(' • . _ : - SPOKANE GOUIVTY ' ._•-.r- ..l - - . , - , jn/;"`i{Jaj7~F`!~r~1'~~,r:?~•;.r•i•rCfiNNft~f~r"...:_ Washington State Eastern Region Department of TIransportation 2714 N. Mayfair Street Sid Morrison Spokane, WA 99207-2090 Secretary of Transportation (509) 324-6000 February 2, 2000 Mr. Ron Hand Spokane County Planning West 1026 Broadway Avenue Spokane, WA 99260-0240 Re: Four Square Church (Pines Road and Euclid Avenue Vicinity) Dear Ron: The Washington State Department of Transportation (WSDOT) has reviewed the information that was submitted with Mr. Al French's January 28 letter on the above requested change of conditions. We concur with the traffic mitigation proposed in this letter in the amount of $ 6,600 towards a future traffic signal at the Pines Road and Euclid Avenue intersection. With this mitigation we have no objection to this proposal being scheduled for a public hearing. We ask that this $ 6,600 contribution be imposed through Spokane County's SEPA process on this proposal. To implement this we request that the following language be contained in the SEPA determination for this proposal: "The applicant shall provide a contribution of S 6,600 towards a future signal at the Pines Road and Euclid Avenue Intersection provided work on this signal commences within five years from the approval of the requested change of conditions. Acceptable surety to guarantee this payment shall also be provided to the Washington State Department of Transportation prior to the release of a general building permit. for this site. " Our remaining conditions of approval on this matter outside of the County's SEPA process will follow shortly. Thank you again for involving us in this project and if you have any questions on this matter, please feel free to contact me at 324-6199. Sincerely, Greg Figg Transportation Planner cc:- Al French, Applicant's Contact Jeff Logan, Wyatt Engineering Scott Engelhard, Spokane County Engineers Project File MEMORANDUM DATE: February 3, 2000 TO: Scott Engelhard CC: Gregg Figg, Washington State Department of Transportation I i Jeff Logan, Wyatt Engineering, Inc. Ron Hand, Spokane County Planning FROM: Steve Stair jS SUBJECT: Four Square Church at SW Corner of Pines & Euclid SPOWCOW'Y I have reviewed the amended traffic distribution letter from Jeff Logan dated January 26, 2000. The amended letter revises the anticipated trip generation for the Four Square Church based on a survey of the current church offices. Also included, is a recommendation for mitigation which is based on the traffic reviews completed for the Mirabeau Point and Divcon projects. Based on the information provided in the distribution letter, the impacts to the surrounding transportation system appear to be minimal and will be adequately mitigated with the $6600 contribution toward the future signal at the Pines & Euclid intersection. I recommend that this project be allowed to proceed through the approval process and that no further traffic study will be necessary. If you have any questions concerning the traffic review for this project, please feel free to bring them to my attention. 0V qa Re c-e 1 V-f d e~ ,c ~ 3~3- aY ~8 DATE: Q--3-00 TO: Ito 'IV RE: -ZF^ FROM: iC &Yx 14I'av't4-, 1RPT NUMBER OF PAGES (excluding cover) SCOUT's-` ATTACHED FIND: SHOP DRAWINGS: PRINTS/PLANS: SPECIFICATIONS: OTHER: REASON FOR TRANSMITTAL: YOUR APPROVAL YOUR USE/INFORMATION REVIEW & COMMENT CORRECTIONS NEEDED APPROVED AS NOTED PER YOUR REQUEST OTHER RE ARKS: rec-e,i 't PUBLIC WORKS DEPARTMENT CURRENT PLANNING DIVISION 1026 WEST BROADWAY AVENUE - SPOKANE, WASHINGTON 99260 PHONE: (509) 477-7200 FAX: (509) 477-2243 1 ■ I nTT i nna 1 Lles i qn SOS-40-=9-3714 01/31/00 10:02A P.001 ■ ■ ■ ■ 124 E. Walton Spokane, Wa. 9920?-1769 Tek: (509) 488.1331 INTERNATIONAL DESIGN Fax (5090 489-1 71 4 E4Aa11: Id4hmrCDec1.cam To: GREG FIGG Frans: AL FRENCH Fam 324-6005 Pages: 8 Phoneme 3246199 Dsts: 1/28/00 Re: VALLEY FOURSQUARE CHURCH CC: ❑ Urgent ❑ For Review O Please Comment O Please Reply 0 Please Recycle e Comments: LETTERS THAT WE DISCUSSED CONCERNING MITIGATION OF TRAFFIC ON PINES. CALL ME IF YOU NEED ANYTHING FURTHER OR HAVE ANY QUESTIONS. AeAl k~klb _-InTeroaTicnai Design 509-489-1714 01/31/00 10:02A P.002 INTERNATIONAL DESIGN 124 E. WALTON SPOKANE, WASHINGTON 99207-1769 TEL.E: (509) 489-1331 FAX: (509) 489.1714 _ E-NU : 1d4hrmi[ aoi.com January 28, 2000 Mr. Greg Figg Washington State Department of Transportation 2714 N. Mayfair Spokane, Washington 99207 Dear Greg; Please find attached an updated Traffic Distribution Letter prepared by Mr. Jeff Logan of Wyatt Engineers on the Valley Foursquare Church project located at N. 3001 Pines Road. The results of this study would indicate that the impact on Pines Road would be 6 peak hour trips per day. Based upon previous traffic studies in the area the anticipated mitigation cost would be approximately $1,100 per peak hour trip, or in this case $6,600. As we discussed, this cost would be paid toward the traffic light to be located at the intersection of Pines Road and Mirabeau Point and would be paid upon the installation of said traffic light. 1 trust this outlines our understanding. If you should have any questions please contact me at 489- 1331. Sincerely, Al French Architect End I Cc: Mr. Tom Hamilton Pastor Craig Langhans Ms. Mischelle R Fulgharn, Attorney Mr. Ron Hand, Spokane County Planning Mr. Scott Englehan4t Spokane County Engineers Mr, Steve Stairs, Spokane County Engineers InTer-naTional Design S09-489-1714 01/31/00 10:02A P.003 WYATT ENGINEERING., INC. January 26, 2000 AI French Architect International Design _ 124 E. Walton Ave. Spokane WA 99207 RE: Tour Square Church - Pines and Euclid Traffic Distribution Letter - Amendment Q Dear Mr. French: Based on the discussion in our 1/24/00 meeting with WSDOT and Spokane County Engineers, we have reviewed the anticipated P-M. peak traffic volume: impacts as outlined in our original Traffic; Distribution Letter. Originally. the anticipated traffic generation was based on the Institufe of Transportation Engineers (1TE) "Trip Generation Manual - January 1991 Based on this manual, we estimated 30 trips for the p.m. peak hour from this facility. On January 26, 2000. we received a letter from Craig Langhaus, the Senior Pastor for the Valley Foursquare Church. This letter clarified the anticipated traffic contributors for the weekday periods and is attached for your review. In summary, this letter confirms that a total of four (4) full time employees will be working Monday thru Friday -from 8:00 a.m. to 5:00 p.m.. Of these, two (2) will only work Tuesday thru Friday from 9:00 a.m. to 5:00 p.m.. in addition, six (G) part-time employees will come and go during the middle of the day for short periods of time. Based on this information, we would recommend revising the weekday p.m. peak traffic volume impacts for this facility to better reflect the actual anticipated conditions. For this facility, we would recommend including the four full time employees as four (4) trips. In addition, we would recommend accounting for the potential traffic from the part time employees by estimating that 1/3 of them may contribute to the p.m. peak period for a total of two (2) trips. With this analysis, we would recommend adjusting the weekday p.m. peak traffic volume impact from this facility from 30 trips to six (6) trips. C 101 Thaln Road 1220 North Howard Lewiston, ID 83501 Spokane. WA 99201 Ph.. (208) 746-2661 Ph.: (509) 328-5139 Fax: (208) 746-6825 Fat: (509) 328-0423 ENGINEERS SURVEYORS PLANNERS CONSTRUCTION MANAGERS International Design SOS-489-1714 01/31/00 10:02A P.004 W YATT ENGINEERfN q1 DrNench, January 26, 2000 Page 2 At this meeting, potential impact fees based on these p.m. peak trips were dis-cussed. Grey; Figg of WSDOT discussed a traffic mitigation fee of approximatcly $1,100 per p.m. peak hour trip based on a previous traffic study completed in the area. Since the meeting, Mr. Figg has forwarded a copy of the pertinent suction from this study which recommends a range: of fees between $1,000 to $1,250 pcr p.m. peak hour trip. This section would appear to confirm the $1,100 as an approximate average of this range. Based on the information regarding the recommended traffic mitigation fees along with the revised P.M, peak hour trips anticipated from this facility, it would appear that the you could anticipate $_6_,600 in traffic mitigation fees for your facility. If you have any further questions, please do not hesitate to contact our office. Sincerely, Wyatt Engineering, inc. OQ WAS e~ Logan, P. E. Project En-;inc;er IT h x \99069.310 _ O 29403 attachments: Letter from Valley Foursquare - 1/26/00 , QBOISTL~RQ' G1~' WSDOT Facsimile w/traffic impact summary - 1/25/00 `rJON L 4•~ A cc: Scott Eng,lehardt, Spokane County Engineers EXPIR-E3 oci22i~ l Steve Stairs, Spokanc County Engineers In-rer-na-rional Design S09-489-1714 01/51/00 10:02A P.00S InternaTionni Dapsian 508-489-1715 01/2e/e2 31A P-201 FRCM VALLLY FOURSOUF+F- CHURCH PHONE NO. = Jan. 2G 24!00 le:3'1PM P2 all burs cre January 26, 2000 To Whom It May Concern: Regarding the traffic im➢act of our new church facility Co be built at 3001 N. Pines Road, please mace note of tho following. We currently have a total of ten employees, most of whom are part time. Of the four who aft full time, two of them work Monday through Friday from 8:00am to S:00pm, and the o;ber two work Tueeday throueh Friday from 9:00am to 5:00pm. All of the otharb come in and leave during the middle of the day. When they do come in, it is for short periods of time and they do not come in every dAy. If you have any queetioa9 do not beeitate to call mo at (509) 928.7640. Sincerely. COA Crai4 A. Lanxhans Senior Pastor P.U. Bor 13145 • N. IZ26 Aare Road • Spokane, Wig 99213 - (SJ9) 916.76W t t OFFICE OF THE SPOKANE COUNTY ENGINEER _ 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243 i' "ENGINEER'S CONDITIONS OF APPROVAL" ZONE TO: Spokane County Planning Department FROM: Division of Engineering & Roads DATE: March 14, 2000 } PROJECT: UR-22 3RD CHG OF CON DELETE CONDONINIUMS ONLY FILE ZE-0158C-79/ Hearing: 03/29/2000 Sponsor/Applicant: MISCHELLE FULGHAM Section Township Range: 09-25-44 Planner: RON HAND 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 release of a building permit or use of property as proposed: 1. Approach permits and/or required improvements to Pines Road/SR-27, must be approved by the Washington State Department of Transportation (WSDOT). 2. Applicant shall submit for approval by the Spokane County Engineer drainage and access plans. 3. 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 4. 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. 5. 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. 6. Direct access to Frederick Avenue and Fairview Avenue is prohibited until such time as authorized by the County Engineer. CC: Applicant, MISCHELLE :ULG::ArM Engineer /Surveyor Planner RO`i HAND Page 2 03/29/2000 (01/12/2000 (08/09/1984 ZE-0158C 79 7. A traffic distribution letter for the proposed church was submitted to the County Engineer and WSDOT, for review and acceptance, prior to this item being placed on an agenda for a public hearing. The applicant is advised that additional traffic information is required prior to any proposed expansion of the church in the future and any other development proposals not addressed in the aforementioned distribution letter. Any traffic information and/or recommended mitigation submitted for future expansion of the site will require review and acceptance by the County Engineer and WSDOT. END - RECEIVED SPOKANE C0LJ,'\1TY DEC 0 1999 DIVISION OF BUILDING AND PLANNING TECHNICAL REVIEW MEETING SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING Date: December 30, 1999 Department: Spokane Regional Department Contact Person: Steven P. Holderb 9.S. Action: ZE-158A-79; Change of Conditions of a previously approved Zone change. The applicant requests removing condition limiting development to the sole purpose of condominiums. Zoning is UR-22. TECHNICAL REVIEW MEETING: DECEMBER 30, 1999 @ 1:15 P.M. Note: The following information is to provide the proposal sponsor with primary agency comments to assist the sponsor and aid the processing of public hearing items heard before the Hearing Examiner. The following information does not provide a complete or binding final review of the proposal. This will occur only after the proposal is accepted and placed on the Public Hearing Agenda. The acceptance of the application and scheduling of the application on the Public Hearing Agenda is the primary function of this meeting. A secondary function of this meeting is to provide a preliminary review of the application. This will provide a forum for the sponsor and other departments of what to expect as standard development conditions and design recommendations. The comments received are based on a preliminary review of the application form and site plan by the Departments and Agencies which have been circulated the information (not all agencies/departments have been contacted--only those who have been determined to have primary interest. 1. a. Does the application (or can the development) meet requirements to be placed on the Public Hearing Agenda? ® YES ❑ NO b. If no, what is lacking? C. Public Hearing Schedule: Hearings before the Hearing Examiner are scheduled upon determination that the application is complete. Items will be scheduled for the first available public hearing. 2. After a 1reliminary review of the application what "Conditions of Approval" would be required of the development? (Attach conditions if necessary) See attached ondirinng DOC. 29 1 - SPOKANE REGIONAL HEALTH DISTRICT CONDITIONS a. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. b. Water service shall be coordinated through the Director of Utilities, Spokane County. C. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. d. A public sewer system will be made available for the project. e. Use of private wells and water systems is prohibited. Landuse/conditions/pa 1 Washington State Eastern Region Department of Transportation 2714 N. Mayfair Street Sid Morrison Spokane, WA 99207-2090 Secretary of Transportation (509) 324-6000 SPOKANE RECEIVED COUNTY March 14, 2000 MAR 15 2000 Mr. Ron Hand Spokane County Planning CURRENT PLANNING DIVISION West 1026 Broadway Avenue Spokane, WA 99260-0240 Re: ZE-158B-79 Change of Conditions for a previously approved zone change to allow a church Dear Ron; The Washington State Department of Transportation (WSDOT) has reviewed the information that was submitted on the above proposal. Consequently, the following conditions of approval are submitted for inclusion in the findings of fact, conclusions and order/decision should the above change of conditions be granted.: 1. Access to Pines Road (SR 27) will be limited to two access points as stated below. A valid WSDOT road approach application is required for access at these two locations. An engineered design of these access points shall also be submitted for WSDOT review and approval. • One access point shall be at the north property boundary. This access will be shared with Trentwood Elementary, this is to be a signalized intersection in the future. • The second access point will be approximately midway between the property's north and south boundary lines along Pines Road. Due to channelization in Pines Road this access point will be limited to right in and out only unless the applicant can prove to WSDOT's satisfaction that left turns can be safely accommodated. The access design will need to reflect this turn restriction unless this restriction is removed by WSDOT. 2. Dedication of right of way to WSDOT for a turning radius and location of WSDOT traffic signal equipment is also needed at the sites northerly access to Pines Road. 3. Due to the proximity of Pines Road, site drainage plans need to be reviewed by WSDOT. 4. The applicant shall provide a contribution of $ 6,600 towards a future signal at the Pines Road and Euclid Avenue Intersection provided work on this signal commences within five years from the approval of the requested change of conditions. Acceptable Mr. Hand March 14, 2000 Page 2 surety to guarantee this payment shall also be provided to the Washington State Department of Transportation prior to the release of a general building permit for this site. 5. Development beyond the church proposed in this request will require that additional traffic information be provided to WSDOT and Spokane County for review and acceptance. As a result of this additional mitigation may be required to account for the increase in traffic. If you have any questions on this matter, please feel free to contact me at 324-6199. Sincerely, Greg Figg Transportation Planner cc: Al French, Applicant's Contact Scott Engelhard, Spokane County Engineers Project File: 027-087-06 SPO RECEIVED KANE COUNTY MAR 15 2000 CURRENT PLANNING DIVISION SPOKANE REGIONAL HEALTH DISTRICT RECEIVED ' ENVIRONMENTAL HEALTH DIVISION SPOKANE INTEROFFICE MEMO MAR 0 DATE: March 6,2000 CURRENT p ANNING aivisl, TO: Ronald Hand, Associate Planner, Spokane County Division of Current Planning FROM: Donald T. Lynch EHS II - EHD, SRHD SUBJECT: ZE-15813-79 (Pines Sewer Development) Connection to the Spokane County public sewer system and to Irvin Water District are required. We offer no additional comment. planning Itrize-158b-79 M E M O R A N D U M DATE: December 30, 1999 T0: Ronald Hand, Pl ink V rgarrell, P.E.;Stormwater Utility FROM: Katherine M ler, an R E: Change of. Conditions to ZE-158A-79 CC: Please inform the applicant that during the building permit process the development will need to conform to both current Road Standards and Guidelines for Stormwater Management. We have no object to this change of condition as long as drainage issues can be handled according to current regulations/requirements. K ASto rm\K athen nelDE SIG N1ze 1 S W 9.doc DOC. 28 DEC-22-99 10:59AM FROM-SCAPCA T-485 P.03/04 F-578 SPOKANE COUNTY CLEAR.~I..`, AIR POLLUTION oil •~~'R S P o .c , N e CONTROL AUTHORITY WEST 1101 COLLEGE, SUITE 403 • SPOKANE. WA 99201 • (SO NV 7 Fax ; 09) 477.6828 2, ,21 - Date: - To: ❑ Mr. Jeff Forry 19 Ms. Francine Shaw Spokane County Division of Buildings & Planning 1026 W. Broadway Ave. Spokane, WA 99260 From: Mr. Charles E. Studer Re: SCAPCA REQUIREMENTS FOR: File No. Z Proponent/Project Name: P Mpg o J4h ❑ (Request for Comments on _ ) Q (Comments on Hearings EYamliner Public Meeting on _ I ❑ (Comments on Determination of Nons" "ficance Issued on ® ftmgme on 1,.2/3 j~ The Spokane Counry Air Pollution Control Autnority (SCAPCA) was formed under the authority of the 1967 Clean Air Act of Washington (RCM. That Act required counties, like Spokane County, to activate local air pollution control agencies. To meet the requirements of that Act, SCAPCA adopted regulations to control the emissions of air contaminants from sources within SpoKane County. Portions of Spokane County fail to meet federal health standards for particulate emissions (dust and smoke) and caroon monoxide. Numerous strategies have been implemented to reduce air pollution emissions so that we can Improve air quality and meet health standards. Following is a list of concerns/ssues that, at a mirlimum, need to be addressed for proposed projects. Additional comments may result after more detailed information of the project is supplied. SCAPCA encourages proponents to contact their offices at 1101 West College, Spokane, WA 99201 for additional information. The following conditions are relevant to proposed project. • Harvesting of timber creates si(vicultural debris. Consistent with State policies and regulations, alternatives to burning should be examined. The preferred alternate disposal methods in the following order are; slash production minimization, slash utilization, non-buming disposal and silvicultural burning. If buming is the only reasonable disposal method then it must be done in accordance with all applicable regulations, and conducted in a manner that minimizes smoke related nuisances and air pollution impacts. • Washington State Regulation 173-400-110 requires that a Notice of Construction and Application for Approval be submitted to and approved by our Agency prior to the construction, installation or establishment of an air pollution source. It is possible that the following air pollution sources may be present at the proposed facility: One or more fossil fuel (natural gas, propane, butane, diesel, fuel oil, or waste oil) or wood burning heat sources. Natural gas/propane/butane burning boilers, heating units, or hot S'~fiamdr~3AQ~7,.4~7~re~2C COMMENTS dot DO C. 25 MAR-28-00 02:49PM FROM-SCAPCA 5094776826 T-764 P.02/02 F-893 water heaters, or combinations thereof, with a total heat input of 4,000,000 Stus/hr are required to apply for a Notice of Construction. Other units are required to apply for a NOC when the total heat input exceeds 400,000 Stus/hr. In addition, additional requirements such as controls for Nitrogen Oxide emissions (NOx) and source testing may be required depending upon the size of the unit. One or more Stand by Generators. SCAPCA requires a Notice of Construction for all Stand by Generators that are rated greater than or equal to 500 mechanical horsepower (375 Kilowatts), • There are numerous businesses that are allowed in a commercial and Industrial zoning that are air pollution sources. Before any business Is established at the site, SCAPCA should be contacted to determine if a Notice of Construction is required. A co of this letter should be -given to each new tenant. • All air pollution regulations must be met • Air pollution regulations require that dust emissions during demolition, construction and excavation projects be controlled. This may require the use of water sprays, tarps, sprinklers or suspension of activity during certain weather conditions. Haul roads should be treated and emissions from the transfer of earthen material must be controlled as well as emissions from all other construction related activities. • SCAPCA strongly recommends that all traveled surfaces (i.e. ingress, egress, parking areas, access roads) should be paved and kept clean to minimize emissions. • Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean these surfaces. • SCAPCA Regulation 1, Article IV may require registration with this agency depending upon the type of business that may be established at the site. An approved Notice of Construction suffices to meet this requirement • SCAPCA Regulation I, Article VI, and SCAPCA Regulation II, Article IV, address air pollution emission standards. All emission standards must be met • Debris generated as a result of this project must be disposed of by means other than burning (i.e. construction waste, vegetative waste etc.). • An asbestos survey must be done by an AHERA certified inspector prior to demolition or renovation of building(s), to determine if asbestos-containing material is present at the site. Demolition and renovation projects must comply with the requirements of CFR 40, Part 61, Subpart M, SCAPCA Regulation I, Article IX & Article X Section 10.09, and Washington State Regulations (WAC 296.52, -65, & -155). Notice of intent to Perform Asbestos Removal and/or Demolition forms are available at the SCAPCA office. Asbestos-conWriing material must be removed in accordance with Federal, State, Local regulations and disposed of at a licensed facility. • Depending upon the type of business or equipment established on site, some objectionable odors may result from this project SCAPCNs regulations state that effective control apparatus and measures must be used to reduce odors to a minimum. • All solid fuel burning devices (fireplaces wood stoves, pellet stoves, etc.) must comply with local, state, and federal rules and regulations. Fireplace emission standards became effective January 1, 1997. New fireplaces must be tested and labeled in accordance with procedures and criteria specified in the UBC Standard 31-2. SCAPCA Regulation I Article VIII Section 810 does not allow the installation of non-certified solid fuel burning devices in an ew or existing building or structures unless the solid fuel buming device Isa cook stove fireplace, or furnace as defined b SCAPCA Regulation Article Vil Section 8.03 or a non certified solid fuel burning device which has been rendered ermanentl Inoperable. • If the proponent or anyone else has questions concerning the above, please contact Charles E. Studer (509) 477-4727 ext 107, April Miller exL 105, or Kelle Vigeland ext. 106 at SCAPCA's office during the hours of 8:00 am & 4:30 pm, Monday through Friday. Failure to meet SCAPCA re ulations ma result in delays, closure and civil and/or cri lnal sanctions. CLEAN AIR IS UP TO ALL OF US PAGE 2 Hand, Ron From: Hemmings, Bill Sent: Friday, January 07, 2000 8:03 AM To: Hand, Ron Cc: Engelhard, Scott; Kimball, Sandy; Sims, Brenda; Miller, Katherine; Darrell, Virginia; Davis, Tom B&P Subject: GP5-158A-79 - Mischelle Fulgham 1-7-99 1 have no comment on this proposal at this point in time. ~c~'e.~xiur ps Page 1 DOC. 31 SPOKANE REGIONAL HEALTH DISTRICT ENVIRONMENTAL HEALTH DIVISION INTEROFFICE MEMO DATE: January 7, 2000 TO: Ron Hand, Associate Planner, Spokane County Division of Current Planning FROM: Donald T. Lynch EHS II - EHD, SRHD SUBJECT: Change of Conditions for ZE-158A-79, AIE-158A-79,°P-E-148A 7-9- Connection to public water and public sewer will be required for this project. planning.ltrlze-158a-79 DOC. 32 01/12/00 WED 09:06 FAX 509 892 4125 SPOKANE VALLEY FIRE DEPT 444 PLANNING 0 006 SPOKANE VALLEY FIRE DEPARTMENT Spokane County Fire District 1 10319 EAST SPRAGUE AVE. • SPOKANE, WA 99206.3676 • (509) 928-1700 • FAX (509) 892-4125 R. Pat Humphries Chlef Janu2ry12, 2000 Ron Hand Department of Building & Planning 1026 W. Broadway Spokane, WA 99260 RE: Change of Conditions PE-158A-79 Dear Mr, Hand: The Spokane Valley Fire Department has no requirements of this change of conditions. We will have requirements at building permit/ pre-construction time. ' Sincer ly, evi Miller Fire Inspector KM/dc Washington State ♦G (ham BOUNDARY REVIEW BOARD I For Spokane County 1026 W. Broadway Avenue Spokane, WA 99260-0040 (509) 477-4237 FAX (509) 477-3631 March 17, 2000 Ron Hand, Planner Spokane County Planning Division 1026 West Broadway Avenue Spokane, WA 99260 RE: ZE-158B-79: Foursquare Gospel Church, 3001 N. Pines Dear Mr. Hand: Thank you for the opportunity to comment on the above proposal. The site is not within the corporate limits of Irvin Water District and the District requires annexation before water service can be provided. A Notice of Intention for annexation is required to be filed with and then approved by the Boundary Review Board before this action can be finalized. If you have any questions, please do not hesitate to call me at 477-4237. Sincerely, Susan ii. W'incheii, AICP Boundary Review Board Planner BOARD MEMBERS: Douglas Beu John B. Hagney Robert E. Nebergall Lawrence B. Stone Daniel E. Turbeville, III Feb. 2. 2000 1:44PM RIVERBLUFF DEVELOPMENT No.0430 P. 2 To:- RON HAND (Bull+ding & Planning) . CC: From: _ JIM RED (Utilities.) Date: 01/26/2000 Subject: ZE-01 SOA-79 Stage: Revised Prefiminar Phase: 3001 N Pines Ch4hge of Condition ss09 A wet (live) sewer co-nnection to the area-wide Public Sewer System is.to, be constructed. Sewer connection, p®rmit.is--.r0q~lred..Cc~merclal.d'eveloprng!rrtp'phs'll'subrhlt-hl'stdricat and -.'Or estimated water usage'prior to the issuance'oi'ttie•connection permit In order"O establish sewer fees, se12a Applicant shall submit expressly to Spokane County Division of. Utilities "under separate cover", only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and or estimated water usage as part of the sewer plan submittal. A 30' public sewer easement to extend from the east end of Fredrick to the point of connection to the sanitary sewer system is required. Please contact Mark Stltz of this office concerning this requirement. a912f Sewer plans acceptable to the Division of Utilities shall be submitted prior to the Issuance of the sewer construction permit. 9815a Arrangements for payment of applicable sewer charges must be made prior to issuance of sewer connection 'permit. Sewer charges may include special connection charges and general facilities charges. Charges may be substantial depending upon the nature of the development. ws01 Any water service for this project shell be provided In accordance with the Coordinated Water System Plan for Spokane County, as amended. SPOKANE- COUNTY UTXMES 1026 W, BROADWAY' SPOKANE, WASHINGTON 99260-0430 vwm FIt 8 t'0 0 [7 METER • ' L~osaso u: s NABERHOOD.21 LLC 4425 W LOOKOUT MOUNTAIN LN STE A SPOIKANE WA 99209 LUKINS & ANNIS, P.S. ATTORNEYS AT LAW 1600 WASHINGTON TRUST FINANCIAL CENTER • 717 W SPRAGUE AVE. • SPOKANE, WA 99201-0466 PHONE (509) 455-9555 - FAX(509)747-2323 Mischelle R. Fulgham Admitted In: Idaho and Washington Attorney Email address: MFulghaln@Lukins.com Direct Fax: (509) 363-2478 January 27, 2000 VIA FACSIMILE & MAIL Mr. Ron Hand Spokane County Planning 1026 W. Broadway Avenue Spokane, WA 99260-0240 Re: Foursquares Valley Church Dear Ron: I am writing to follow up my recent inquiry regarding the status on the technical completeness of this matter. It is my understanding, based upon my telephone conversation today with Al French, that he has reached an agreement with Greg Figg of Washington DOT regarding traffic mitigation. Based upon this agreed mitigation, it is my understanding that Greg Figg at Washington DOT will be issuing a letter to Spokane County on Monday, January 3 I, 2000. At that point, this application should be technically complete and ready for scheduling. If you have any information to the contrary, please advise me immediately. As you can imagine, my client seeks to avoid a last- minute surprise, which occurred previously in this matter. Thus, I reiterate it is very important that if you are aware of any other alleged deficiency in this matter, please advise me in writing immediately. Absent written notification from you of any new problems with the petition, I would expect and anticipate technical completeness occurring as of Monday, January 31, 2000, and Notice of Application and hearing dates issued shortly thereafter. I look forward to hearing from you. Very truly yours, &A l - MIS FfELLE R. FU LGH MRF:dfs cc: Client Scott Engelhard RU_ u"EIVED Al French SPO111,J""kiE COUNTY JSB JAN z s 2000 - 7 "ODE ENFORCEMENT \\SPOKAN E 1 \VOL2\ 15DOC\LM RFOLO-MRF. DOC SPOKANE COEUR d'ALENE • MOSES LAKE 01/27/00 THU 15:51 FAX 509 747 2323 LUKINS & ANNIS Q001 L UKIN S& ANNI S, P. S. ATIORNEYs AT LAW 1600 WA mmcrONTRUSTFmANC1ALCENTER - 717 W SPRAQUEAVIL • SPOKANE. WA MG I -044G6 PHoNr.(509) 4S3-9555 - FAX (509) 747-2323 Mischelle R. Fulgharn Admitted In: Idaho and Washington Attorney Email address: MFulgham@Lukins.com Direct Fax: (509) 363-2478 January 27, 2000 VIA FACSIMILE & MAM Mr. Ron Hand Spokane County Planning 1026 W. Broadway Avenue Spokane, WA 99260-0240 Re. Foursquares Valley Church Dear Ron: 1 am writing to follow up my recent inquiry regarding the status on the technical completeness of this matter. It is my understanding, based upon my telephone conversation today with Al French, that he has reached an agreement with Greg Figg of Washington DOT regarding traffic mitigation. Based upon this agreed mitigation, it is my understanding that Greg Figg at Washington DOT will be issuing a letter to Spokane County on Monday, January 31, 2000. At that point, this application should be technically complete and ready for scheduling- If you have any information to the contrary, please advise me immediately. As you can imagine, my client seeks to avoid a last- minute surprise, which occurred previously in this matter. Thus, I reiterate it is very important that if you are aware of any other alleged deficiency in this matter, please advise me in writing immediately. Absent written notification from you of any new problems with the petition, I would expect and anticipate technical completeness occurring as of Monday, January 31, 2000, and Notice of Application and hearing dates issued shortly thereafter. I look forward to hearing from you. Very truly yours, MIS HELLE R. FULG MRF:dfs cc: Client Scott Engelhard Al French JSB \\SPOKANEI\VOL2\15DOC\LMRf 0L0-MRP.DOC SPOKANE - COEUR d'ALENE - MOSES LAKF. Washington State BOUNDARY REVIIEW BOARD I For Spokane County I I 1026 W. Broadway Avenue Spokane, WA 99260-0040 (509) 477-4237 FAX (509) 477-3631 zi October 21, 1999 Jeff Forry Senior Building Technician Division of Building and Planning 1026 W. Broadway Spokane, Washington Re: Development of Property at 3001 N. Pines Rd. (parcel #45091.9001) As you know the owner of the above referenced 7.6 acre parcel is grading and filling the property. I discussed this matter with Glen Talmage, Manager of the Irvin Water District No. 6. He had discussions with the property owner, Bob Flory, about providing water to the property. Mr. Flory did not specify his development plans for the property. Mr. Talmage informed him that he must have the property annexed before the Water District would provide water, regardless of what specific developments would occur on the property. I would appreciate it if your staff would inform this office of any permit applications which are submitted to develop the subject property. We will be recommending that no land use or building approvals be granted until the property is annexed. Thank you in advance for your cooperation. Sincerely, Jim Falk Assistant Planner cc. Glen Talmage, Irvin Water District#6 Francine Shaw, Division of Building and Planning BOARD MEMBERS: Douglas Beu John B. Hagney Robert E. Nebergall Lawrence B. Stone Daniel E. Turbeville, m Spokane County-Public Works. Transportation Engineering Sect! • Division • County Engineedn'g Memo To: Spokane County Building and Planning Planner: RON HAND , YJ( 11%. V From: Scott Engelhard, Transportation Engineering SP & DES Coordinator 6 Subject: File # ZE-0158D-79 Applicant: MISCHELLE R FULGHAM Date: January 13, 2000 RE: Review : 01/19/2000 We have no additional comments at this time concerning the revisions to the site plan dated January 4, 2000. A complete traffic distribution letter, as requested at the December 30, 1999 meeting, has not been submitted for review. Additional comments will be provided after the letter has been submitted and reviewed. SPOKANE COUNTY HEARING EXAMINER FILE DOCUMENT LOG OF ITEMS CONTAINED IN FILE ZE-158B-79 CHANGE OF CONDITIONS, CONSIDERED BY THE HEARING EXAMINER AS PART OF THE RECORD IN DECISION ON FILE NO. AIE-6-99 ADMINISTRATIVE APPEAL APPLICANT: Foursquares Valley Church/Mischelle Fulgham-Agent DOC. NO. DOCUMENT DESCRIPTION 1 Preconference for change of conditions dated 12/9/99 2 Submittal checklist 3 Application for change of conditions dated 12/2/99 4 Coun Assessor maps 8 sheets 5 Count Engineer maps 2 copies) 6 Zoning ma received 12/3/99 7 Site plan dated 9/23/99 8 Grading and drainage plan dated 10/29/99 9 SEPA checklist for grading permit dated 10/14/99 10 DNS issued for grading permit dated 11/7/99 with attachments: • Notice of Application for Type II application issued 10/27/99 • Assessor map • Affidavit of posting dated 10/26/99 11 Building permit for footings/foundation issued 1 / l /99 12 Tom Hamilton letter of authorization dated 12/13/99 13 Building & Planning memo to agencies RE: technical review meeting with attachments, dated 12/14/99 14 Mischelle Ful ham letter to Building & Planning dated 12/14/99 15 Mischelle Ful ham letter to Building & Planning dated 12/15/99 16 Building & Planning memo to agencies requesting comments for public hearing dated 12/17/99 17 Public notice packet acknowledgement dated 12/17/99 18 Mischelle Fulgham letter to Building & Planning RE: revised change of conditions application dated 12/23/99 19 Hearing Examiner letter to parties RE: consolidation of files dated 12/29/99 20 Revised site plan reflecting technical review comments dated 12/31/99 21 Revised site plan reflecting setback/landscaping comments dated 1/4/00 ZE-158B-79 Document Log Page 1 a ~ - r SPOKANE COUNTY HEARING EXAMINER FILE DOCUMENT LOG OF ITEMS CONTAINED IN FILE ZE-158B-79 CHANGE OF CONDITIONS, CONSIDERED BY THE HEARING EXAMINER AS PART OF THE RECORD IN DECISION ON FILE NO. AIE-6-99 ADMINISTRATIVE APPEAL APPLICANT: Foursquares Valley Church/Mischelle Fulgham-Agent DOC. NO. DOCUMENT DESCRIPTION 22 Building & Planning memo to agencies RE: revised site plan dated 1/4/00 23 Bill Hemmings e-mail RE: technical) complete dated 12/15/99 24 Fire District 1 comments dated 12/21/99 25 SCAPCA comments dated 12/22/99 26 WSDOT comments dated 12/23/99 27 County Utility comments dated 12/27/99 28 Stormwater Utility comments dated 12/30/99 29 Health District comments dated 12/30/99 30 Building & Planning comments dated 12/30/99 31 Bill Hemmings comments dated 1/7/00 32 Health District comments dated 1/7/00 33 James S. Black request for interpretation dated 11/17/99 with attachments: • Building & Planning letter to James S. Black dated 11/18/99 • ZE-158-79 HEC Findings issued 5/15/80 • Mary Calistro letter dated 3/24/80 •ZE-15 8-79 HEC Findings issued 11/20/79 ZE-158B-79 Document Log Page 2 ors , ~.s TECHNICAL REVIEW SUMMARY 1 AND DETERMINATION FOR ZE-158A-79 SPOK~ COUT-uy DIVISION OF BUILDING AND PLANNING Technical Review Meeting Date: December 30, 1999 Time: 1:15 p.m. Location: Spokane County Public Works Building, 1026 W. Broadway, 1s' Floor Conference Room Project Planner: Ronald Hand, Associate Planner File ZE-158A-79 Project Description: Change of Conditions for a previously approved zone change (ZE-158A-79). The above referenced zone change, as conditioned, limits the use of the site to development of an 80 unit condominium. The applicant requests all uses allowed in UR-22 and has submited a site plan for review for construction of a Church. Applicant: Mischelle Fulgham, Lukins & Annis, P.S., 717 W. Sprague, Ste. 1600, Spokane, WA 99201 (509) 455-9555. Date Accepted (Counter Complete): 12-15-99 (all revisions must be submitted within one year of the date accepted) The following items need to be satisfied before this project/proposal can be considered technically complete: Spokane County: O Division of Building and Planning Comments attached: Dated # of pages Cl Division of Long Range Planning Comments attached: Dated # of pages O Division of Utilities O Sewer Comments attached: Dated 12-27-99 # of pages 1 O Water Resources Comments attached: Dated 12-30-99 # of pages 1 O Division of Engineering and Roads O Drainage Comments attached: Dated 12-15-99 # of pages 1 O Transportation Comments attached: Dated # of pages O Boundary Review Board Comments attached: Dated # of pages Other Agencies: O Regional Health District Comments attached: Dated 12-30-99 # of pages 2 O School District # Comments attached: Dated # of pages O Fire District # 1 Comments attached: Dated 12-21-99 # of pages 1 O Department of Transportation Comments attached: Dated 12-23-99 # of pages 2 O Water District Comments attached: Dated # of pages O Department of Ecology Comments attached: Dated # of pages O SCAPCA Comments attached: Dated 12-22-99 # of pages 1 O Comments attached: Dated # of pages O Comments attached: Dated # of pages Rev. 8/18/97 Icarver/dophhome/handouts DOC. 30 Technically Complete Applica v O Yes V No If es, see atta 1 Determination of Completeness i Date;. '19-30-119 Signature: DOC. 30 Rev. 8/18/97 Icarver/dophhome/handouts DIVISION OF BUILDING AND PLANNING TECHNICAL REVIEW COMMENTS FOR ZE-158A-79 SPOIL coul'.Uy DIVISION OF BUILDING AND PLANNING 1. Parking spaces will be determined at time of building permits per Chapter 14.802.040 of the Spokane County Zoning Code. 2. The Washington State Department of Transportation has proposed conditions of approval that must be satisfied before a Determination of Technical Completeness can be made. 3. Requirements of other departments and agencies must be satisfied before a Determination of Technical Completeness can be made. Attached are the comments that have been received by the Current Planning Division of Spokane County Planning. 4. Maribu Point Avenue is a flanking street and requires a 25-foot setback or a C of E demonstrating that the area near Maribu Point Avenue is not part of the subject property. 5. The rear yard is adjacent to UR-3.5 zoning and requires a 10 foot Type I landscaping strip and a 6 foot- high concrete, masonry or decorative block wall, solid landscaping, or site-obscuring fence provided and maintained on the boundary with UR-3.5 6. The site plan shows a property line on the North of the parking lot with a 5-foot side yard setback. The assessors map shows a square parcel not a poly-sided parcel as shown on the site plan. The setbacks must be shown from the property line. The minimum side yard setback for a 45 foot structure in UR-22 per14.622.323 is 35 feet. 7. There is a 22.7 foot wide strip of land (45091.0746) held by the Four Square Gospel Church on the South of the subject site. The building and side yard setbacks must be calculated from this parcel. An alternative would be to aggregate this parcel into 45091.9001 by a Certificate of Exemption. 8 Thee's°~i zject-ate-requlres:-;,aGeiftcae-o€ Exertl,oestablistt_aslet. --':7-- eg,al-d ription of-the-subject site. If 45091=:0746aisRt-obepincor-porated-in the=site plan-anew 0 =-_4 eg.a-l-de-~scr-iption-is-regcrar-ed--- 10. Planning still needs a written statement from the owner affirming that the Change of Conditions sought applies only to the parcel legally described in ZE-158-79. Rev. 8/18/97 Icarver/dophhome/handouts DOC. 30 To: RON HAND (Building & Planning) CC: From: JIM RED (Utilities) Date: 12/27/1999 Subject: ZE-0158A-79 Stage: Hearing Examiner Phase: Change of Conditions 3001 N Pines Change of Condition ss09 A wet (live) sewer connection to the area-wide Public Sewer System is to be constructed. Sewer connection permit is required. Commercial developments shall submit historical and or estimated water usage prior to the issuance of the connection permit in order to establish sewer fees. ss12a Applicant shall submit expressly to Spokane County Division of Utilities "under separate cover", only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and or estimated water usage as part of the sewer plan submittal. A 30' public sewer easement to extend from the east end of Fredrick to the point of connection to the sanitary sewer system is required. Please contact Mark Stltz of this office concerning this requirement. ss12f Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of the sewer construction permit. ss15a Arrangements for payment of applicable sewer charges must be made prior to issuance of sewer connection permit. Sewer charges may include special connection charges and general facilities charges. Charges may be substantial depending upon the nature of the development. Please contact Dean Fowler of this office concerning this requirement. ws01 Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. DOC. 27 i Washington State Eastern Region Department of Twansportation 2714 N. Mayfair Street Sid Morrison Spokane, WA 99207-2090 Secretary of Transportation (509) 324-6000 RECEIVED SPOKANE COUNTY December 23, 1999 DEC 2 8 1999 Mr. Ron Hand DIVISION OF BUILDING AND PLANNING Spokane County Planning West 1026 Broadway Avenue Spokane, WA 99260-0240 Re: Pines Road (SR 27) and Euclid Four Square Church Dear Ron; The Washington State Department of Transportation (WSDOT) has the following comments on the above development proposal: In a meeting we had on December 14"' with the applicants architect (Al French) and engineer (Jeff Logan of Wyatt Engineering) we asked that the traffic impacts to the Pines Corridor related to this project be addressed. Both the applicants architect and engineer indicated that this information would be forthcoming. To date we have not received this information. We ask that this information be provided prior to the Technical Review Meeting on this project to ensure that meaningful review can be provided. In addition WSDOT proposes the following conditions of approval for this project with 'the exception to the above traffic issue. Proposed Conditions of Approval: 1. Access to Pines Road (SR 27) will be limited to two access points as stated below. A valid WSDOT road approach application is required for access at these two locations. An engineered design of these access points shall also be submitted for WSDOT review and approval. • One access point shall be at the north property boundary. This access will be shared with Trentwood Elementary, this is to be a signalized intersection in the future. • The second access point will be approximately midway between the property's north and south boundary lines along Pines Road. Due to channelization in Pines Road this access point will be limited to right in and out only. The access design will need to reflect this restriction. DOC. 26 f Mr. Hand r December 23. 1999 Page 2 . Dedication of right of way to WSDOT for a turning radius and location of WSDOT traffic signal equipment is also needed at the sites northerly access to Pines Road. 3. Due to the proximity of Pines Read, site drainage plans need to be reviewed by WSDOT. 4. If other uses for this site are proposed in the future that will generate more traffic than this church, the traffic impacts to the surrounding road network need to be addressed. This would require a driveway or other traffic analysis to be prepared b the applicant to address these impacts. This traffic analysis would need to be approved b 'WSDOT and Spokane County. If you have any questions on this matter, please feel free to contact me at 324-6199. Sincerely, Greg Figg Transportation Planner cc: Al French, Applicant's Contact Scott Engelhard, Spokane County Engineers Project File 12/2199 TUE 10:18 FAT 509 892 4125 SPOKANE VALLEY FIRE DEPT -»-r PLANNING 0002 SPOKANE VALLEY FIRE DEPARTMENT Spokane County Fire Dlstrlct 1 10319 EAST SPRAGUE AVE. • SPOKANE, WA 99206-3676 (SOS 028-1700 • FAX(509)892-4125 IL Pat Humphdos Chief December 21, 1999 Ron Nand Department of Building & Planning 1026 W. Broadway Spokane, WA 99260 RE., Change of Conditions ZE-158A-79 Dear Mr. Hand: The Spokane Valley Fire Department has no objection to this proposed change of conditions. Sincereiy: Kevin Miller Fire Inspector KM/dc 1 DOC. 2N Hand, Ron From: Hemmings, Bill Sent: Wednesday, December 15, 1999 12:13 PM To: Hand, Ron Cc: Engelhard, Scott; Kimball, Sandy; Sims, Brenda; Miller, Katherine; Darrell, Virginia; Davis, Tom B&P Subject: ZE-158A-79 - Mischelle Fulgham - Change of Conditions 12-15-99 1 have no comment on this proposal and I consider the proposal to be technically complete. ow gewm4e p, ps Page 1 DOC. 23 Spokane County Public Works Department Divison of Building & Planning Receipt ; 2- o ~ 1~Za Receipt Number: 10578 Customer Number Projects /c) Miscellaneous Items `Z9 C9 ~7q (0 Code Description Q. p Price Amount T PAID ZZB0021 ZONING CODE 1 25.760/ NUMBER 25.76 2.09 27.85 Comment: ZONE CODE MISCHELLE FULGHAM 3275 VALLEY VIEW RD POST FALLS Ir 32 ID 83854 ~ ~ r Totals: 25.76 2.09 27.85 Total PAID. $27.85 ~ Tender T .Re Check Acct Balance CC Nbr Ex Dat TENDERED Check1 1125 27.85 " Total TENDERED: 27.85 600 4-5 Over /(Short) $0.00 Change $0.00 Notes: Trait Date/ Time: 12/01/1999 12:53:01 P BY: PSchneid Logon User: kcumming Station: KCUMMING Override Av: (1 I~~ ~ ~1 = -z co ` Printed: 1210111999 12:53:26 Pr1t fare I of I ACTIVITY LOG FILE NO. PLANNER D ATE CONTACT STAFF CONIMENTS I INITIALS Jf - ~ J -:4 ( I r ( 1u.pnl~' I. I A21 i i &Mb i ~bl SgAd r IMI I 1 I I I I I I I ~ I i I I 1 I ( I ~ I I I I I i I l I I I I ~ I 47) 1 Washington State INTEROFFICE MAIL BOUNDARY REVIEW BOARD Mr. Jim Falk Current Planning I For Spokane County County Planning Dept. 1 1026 SKI. Broadway Avenue Spokane, WA 99260-0040 1 (509) 477-4237 FAX (509) 477-3631 RECEIVED I http://Nwwspokanecounty.org/boundary SPOKANE COUNTY June 19, 2000 JUN 1 9 2000 DIVI ?ON OF PLANNING MEMO TO: Affected Government Agencies and Interested Parties FROM: Susan M. Winchell, Boundary Review Board Planner RE: BRB 547-00: Proposed Annexation of 7.6 Acres into Irvin Water District No. 6 (Foursquare Valley Church) EXPIRATION OF 45-DAY REVIEW PERIOD More than 45 days have elapsed since the above described Notice of Intention was filed with the Washington State Boundary Review Board for Spokane County and during that time a Request for Review was not filed with the Board. The proposed action is hereby deemed approved as provided in RCW 36.93.100. The annexation is not final until Irvin Water District No. 6 passes a final Resolution and submits it to the Boundary Review Board office for recording with the County Auditor. Affected agencies and County Departments will also receive a copy of the final Resolution. The action proposed in this Notice of Intention must be officially consummated on or before June 16, 2003, or the approval, as defined in this document, shall be null and void. If you have any questions or need more information, please do not hesitate to call me at 477-4237. BOARD MEMBERS: Douglas Beu John B. Hagney Robert E. Nebergall Lawrence B. Stone Daniel E. Turbeville, III 4474056 t . J 04~ 21 J2000 I i1: 37A SPOKANE COUNTY Co PLANNING N 50,00 Spokane Co, WA DIVIS N F P Nj1N11%G TITLE NOT'IC'E FILED 0Y: Spokane County Division of Planning 1026 West Broadway Spokane, A 99260 (509) 477-7200 Parcel No.: 45091.9001 Legal Property Owner: Foursquare Valley Church, 1226 Norte Parr Road, Po Box 13145, Spokane, A 99213 The parcel of property legally described as: Section , Township 25 N, Range 44 EvI, that portion of the NE 1/4 of the NE beginning at the NE corner of Section thence south 637.4 feet thence west 552.7 feet thence north 637.4 feet thence east 649.7 feet to the Point of Beginning. Situate in the county of Spokane, state of Washington. is the subject of a land use action, imposing a variety of conditions, by the Spokane County Dearing Examiner on March 29, 2000. File No. ZE-158B,79 is mailable for inspection and copying in the Spokane County Division of Planning. Release oftbi,s Title Notice can only be accomplished through the authority of the Spokane County Division of Planning or its successor by recording of a "Title Notice Extinguishment" based upon a finding that such release should occur. BY SPOKANE COUNT DIVISION of PLANNING: Name: Ron Hand Title: Associate Planner - t Signature: Date: O C I A T•r IF- a G7 U r'r -r -y- DIVISION OF PLANNING A DWISION OF THE PUBLIC WORKS DEPARTMENT MICHAE1. V. NEEOHAM, DIRECTOR GARY 03ERG, DR;LFC70R August 30, 2000 & A Construction & Development, Inc. Mr. Bob Flory Project Superintendent 202 E. Trent Avenue, Suite 202 Spokane, WA 90202 SUBJECT: ZE-'158B-79 - ADMINISTRAT111E APPROVAL TO RELOCATE REQUIRE] WEST BOUNDARY LANDSCAPING AND SIGHT-OBSCURING WALL Gear Mr. Flory: Pursuant to your letter and request of August 22, 2000 for Administrative Approval to relocate the required 10-foot wide strip of Type I landscaping and the sight- obscuring wall per the approved site plan, the Planning Director has made the following determination, Your request to move the west property boundary proposed landscaping and the six (0)-foot-high, sight-obscuring wall to the west boundary of the parking lot, per your letter and marred utility plan #001429, dated August 22, 2000, is approved. Please be advised however that this Administrative Approval applies only to the section of landscaping and six (0)-foot-high sight-obscuring wall illustrated on the aforementioned utility plan. The remainder of the boundary line, which abuts the Urban Residential-3.5 (UR-3.5) zone, must be planted with a ten (10) foot-wide strip of Type I landscaping, per the site plan approved by the Hearing Examiner on March 29, 2000. A six (6)-foot-high, sight-obscuring concrete, masonry or decorative block wall, or sight-obscuring fence shall be provided and maintained on the remainder of the boundary of the property that abuts the Urban Residential-3.5 (UR-3.5) zone to the west, provided that there is not less than a six (6) foot difference between the average site elevation of the subject site and the adjoining property. Additionally, the applicant must provide the Division of Planning with an updated landscaping plan and planting schedule illustrating the location and species to replace the original pian, prior to implementing the changes. An on-site inspection of 1026 W. BROADbVAY • SFOKANE, WASHINCTON 99260-0220 PHONE (509) 477-7200 • FAX: (509) 477-2243 ■ TDD: (509) 477-7133 the landscaping is required prior to the issuance of a Certificate of Occupancy to determine compliance with the original conditions of approval. Please be advised that this Administrative Approval does not affect any other conditions of approval and applies only to the changes specifically illustrated on the marked utility plan submitted on August 22, 2000. If you have any questions please call me at (509) 477-7235. Sincerely, 0 eo-YLC~4 _ l Ronald Hand M* hael Needham Associate Planner D rector of Planning C: Francine Shaw, Senior Planner Jeff Forry, Senior Building Technician Al French, International Design Jeff Logan, Wyatt Engineering Foursquare Valley Church, P.O. Box 14686, Spokane, WA 99214 A & A CONSTRUCTION & DEVELOPMENT, INC.-- 202 Fast Trent Avenue, Suite 202, Spokane, Washington 99202 (509) 624-1170 fax (509) 624-1255 August 22, 2000 RECE" J SPOKANE "'-~MNTY AUG 2 ? 2000 Ron Hand Spokane County Division of Planning DIVISION OF PLANNING Public Works Division 1026 West Broadway Avenue Spokane, WA 99260 RE: Valley Foursquare Church Utility Plan Revisions Dear Ron: Enclosed, please find a copy of the Utility Plan for the Valley Four Square Church Project # 001429 showing the differences in elevation relative to the changes we discussed. Namely moving the required landscape either off the hillside or out of the depression to a more appropriate alignment on this project. This also includes moving the view-obscuring fence to the parking lot (west end) so that it will screen the headlights of the user vehicles. I would like to make these changes as soon as possible as I am trying to establish the site-work now. Thank you for your assistance in this matter. Sincerely, 14e4 Bob Florloo Project Superintendent Enclosures Conlydclor's Licenses Alaska AA20704 Arizona 124930 California 760705 Orson 66668 Utah 00004 3 1 1 30 Washinglon AACOND1134LE [Detds for Propeq, Number 45091.001 F~ z Pam W&M Tues s#Jcs do Seg*esge Summary J T3 Active Active Enmptions Property llo. 4509imi _ r RPW r 5tste Assessed Alternate r Ern{uoverr~rrl Dist Property No. PPrs t f Preirnincy Imp 06iiict Site Address 3091 N PINES RD Legal '?9 25 44 PT OF NE1t4 OF HEM BEG AT NECOR OF SEC TH 637.4FT TH W562.TFT TH N637.4FT TH E64.TFT TO Descr0ion 1108 Remarks SizeAJOM 6a Aae(s) Fleld Book No. 1!0194 RGF InspectIon Are4i (;d,rnm Last Tax Veu i Mllage Rate IN 6.16574163 TCA ? :,n Neighbo(hood Code ;)-324 Current Use Code i Re :!f!:i,hd en(I Undivided Neighborhood Name ,09 Appraiser Apprsisat Data Nalghborhood COMM SAC y 11125 its 44 No a or: Fact Sheet Fact Sheet fleport Menu Exit w/o Taxes with.Taxes Fam Yie4v 1 1 t I I~ 'nfl Start Nficros.. ?,VMcrosoft Word ~ ~`~T.Addresss?viate f... J PAD.4L [Det,.. ~n~ 9. A.NI Thurso INTERNATIONAL. DESIGN ` 124 E. WALTON SPOKANE, WASHINGTON 99207-1769 TEL:: (009) 489-1331 FAX: (509) 489-1714 E-MAIL: id4hvv@ao1.oom April 22, 2000 Mr. Mike Dempsey Hearings Examiner Spokane County Building Department 1026 W. Broadway Spokane, Washington 99260-0050 RE: File No. ZE-158B-792 Findings of Fact, Conclusions and Law, and Decision Dear Mr. Dempsey: Thank you for your favorable consideration of my client's application for Change of Conditions on the above referenced proposal. As you are aware this project has encountered several obstacles to getting into construction and I am grateful to see things in a position to move forward. In your Decision under the section titled "Washington State Boundary Review Board" you have indicated that prior to the Building Department being able to issue a building permit the applicant must file a Notice of Intention for annexation and the Boundary Review Board must gpp rove it. Is it your intent that the application filing be approved or the entire annexation be approved? The difference will mean another 60 day plus delay in the applicant's ability to get into construction. The Irvin Water District Board of Directors has approved the request for annexation into the District and this Resolution has been delivered to Mrs. Susan Winchell of the Boundary Review Board along with a Notice of Intention to annex on April 21, 2000. It would be my request, on behalf of my client, that clarity be added to the instructions to the Boundary Review Board requirement that would allow for the issuance of a building permit once the Notice of Intention to Annex is deemed to be "Counter Complete" by Mrs. Winchell and the review process is underway. A final Certificate of Occupancy could be conditioned upon the successful completion of the annexation process by the Boundary Review Board. I have personally spoken with Mr. Glen Talmage, Irvin Water District Manager, and Mrs. Winchell of the Boundary Review Board and neither have expressed any concern about the ultimate annexation of this parcel into the District nor any concern about allowing for the issuance of a building permit upon the filing of the application. Your consideration of this request is greatly appreciated in that the client, Foursquare Valley Church and its congregation are anxious in seeing construction of their new home underway and relief of their current temporary situation in sight. I look forward to hearing from you. db db • Page 2 ApdI 22, 2000 Sincerely, Al French Architect Cc: Tom Hamilton A & A Construction Foursquare Valley Church Washington State 46 46 I BOUNDARY REVIEW BOARD For Spokane County I 1 1026 W. Broadway Avenue Spokane, VIA 99260-0040 1 (509) 477-4237 FAX (509) 477-3631 http://v rww spokanecounty.org/boundary April 24, 2000 MEMO TO: Mike Dempsey, Spokane County Hearing Examiner FROM: Susan M. Winchell, Planner, Boundary Review Board RE: Notice of Intention: Four Square Church, 3001 North Pines Road I met this morning with Al French, project architect for the Four Square Church. Mr. French submitted materials for completing a Notice of Intention with the Boundary Review Board for annexation of 7.6 acres to the Irvin Water District. I anticipate that the Notice of Intention will be filed by the end of this week beginning a 45-day review period. I do not anticipate that any agency will invoke the Board's jurisdiction during that time allowing the annexation to be approved on the 45th day. Irvin Water District requires annexation of the property before water service can be extended and has given its initial approval for the annexation in its Resolution 2000-5. The Boundary Review Board requests that the issuance of a building permit be contingent on the filing of a Notice of Intention and the Certificate of Occupancy be contingent on the approval of the annexation by the Boundary Review Board and the adoption of a final resolution by the Irvin Water District. If you have any questions, please do not hesitate to call me at 477-4237. Cc: Gene Talmage, Irvin Water District Al French, International Design BOARD MEMBERS: Douglas Beu John B. Hagney Robert E. Nebergall Lawrence B. Stone Daniel E. Turbeville, III l S P O K A N E C O U N T X OFFICE OF THE HEARING EXAMINER MICHAEL C. DEMPSEY, CHIEF EXAMINER Apri124, 2000 Al French International Design 124 East Walton Spokane, WA 99207-1769 RE: County Division of Planning File No. ZN-158B-79, Order approving Request for Reconsideration Dear Mr. French: I am in receipt of your letter to me dated April 22, 2000, requesting reconsideration of Washington State Boundary Review Board (BRB) condition of approval #1 attached to the Findings of Fact, Conclusions of Law and Decision entered by me on March 29, 2000, regarding the above-referenced change of conditions application. Your letter is provided on behalf of the applicant, Foursquare Valley Church. I am also in receipt of a letter dated April 24, 2000 from Susan Winchell of the BRB to me, agreeing to revision of such condition of approval essentially as recommended in your letter. The BRB condition currently provides as follows: 1. The site lies outside the corporate limits of Irvin Water District, and the District requires annexation before water service can be provided to the project. A Notice of Intention for annexation is required to be filed and approved by the Boundary Review Board before the issuance of a building permit. Your letter indicates that the Irwin Water District recently adopted a resolution annexing the site into the District for the purpose of providing water service. Ms. Winchell's letter indicates that her office does not oppose issuance of a building permit for construction of the church by Spokane County upon the filing of the Notice of Intention for annexation. Such acquiescence is made with the caveat that a final certificate of occupancy will not be issued for the church unless and until the annexation becomes complete, which requires action by both the BRB and the Water District, and the additional caveat that the applicant proceeds at its own risk regarding any development of the site prior to the annexation being complete. THIRD FLOOR PUBLIC WORKS BUILDING 1026 WEST BROADWAY AVENUE, SPOKANE, WASFUNGTON 99260-0245 PHONE: (509) 477-7490 • FAX: (509) 477-7478 • TD: (509) 477-7133 t 3 ZE-158B-79 Request for Reconsideration April 24, 2000 Page 2 r, Finding good cause for revision of the BBB's condition of approval, I hereby revise Washington State Boundary Review Board condition #1 of the Findings of Fact, Conclusions of Law and Decision dated March 29, 2000 in File No. ZE-158B-79, so that it reads as follows: 1. Annexation of the site into the Irvin Water District must be complete before water service can be provided to the project. A Notice of Intention for annexation must be filed with the Boundary Review Board before the issuance of a building permit, and the annexation must be complete prior to issuance of a certificate of occupancy. The applicant proceeds at its own risk regarding any development of the site occurring before the annexation is complete. This letter shall operate as an order of reconsideration of my recent decision in the above file. Such reconsideration does not extend the appeal period on the decision, which expires today. Sincerely, Michael C. Dempsey Hearing Examiner c Susan Winchell, Boundary Review Board Jeff Forry, Division of Building and Code Enforcement Ron Hand, Division of Planning Mischelle Fulgham, 717 West Sprague Avenue, Spokane, WA 99201 Gene Talmage, Irvin Water District SPOKANE COUNTY HEARING EXAMINER RE: Change of Conditions in the existing ) FINDINGS OF FACT, Urban Residential-22 (UR-22) Zone; ) CONCLUSIONS OF LAW, Applicant: Pines Sewer Development, Inc., ) AND DECISION c/o Tom Hamilton ) File No. ZE-158B-79 ) 1. SUMMARY OF PROPOSAL AND DECISION Proposal: Application for a change of conditions to a previously approved rezone of approximately 7.6 acres of land, to allow development of a church in the existing Urban Residential-22 (UR-22) zone. Decision: Approved, subject to conditions. II. BACKGROUNDYINDINGS OF FACT A. General Information: Applicant: Pines Sewer Development, Inc., c/o Tom Hamilton, P. O. Box 14686, Spokane, WA 99214-0686 Property Owner: Foursquare Valley Church, 1226 North Park Road, P.O. Box 13145, Spokane, WA 99213 Legal Description: Assessor's Parcel No. 45091.9001; more particularly described as a portion of the NE 1/4 of the NE 1/4 of Section 9, Township 25N, Section 44 EWM, beginning at the NE 1/4 of said Section 9, thence South 637.4 feet, then West 552.7 feet, then North 637.4 feet, then East 549.7 feet to the point of beginning, less right of way for State Route No. 27 (Trent Avenue). Site Address: 3001 North Pines Road, Spokane, WA Site Location: Generally located along the west side of State Route No. 27 (Pines Road), 160 feet north of Grace Avenue, in the NE 1/4 of Section 9, Township 25N, Range 44 EWM. Zoning: Urban Residential-22 (UR-22) zone. Such zoning is subject to the conditions of approval attached to the Spokane County Hearing Examiner Committee decision dated 5-15-80 in Current Planning File No. ZE-158-79. The site is also located inside the Aquifer Sensitive Overlay zone and the Public Transportation Benefit Area designated by the County Zoning Code. Comprehensive Plan: Urban category. The property is also designated inside the Aquifer Sensitive Area, Priority Sewer Service Area and the Urban Impact Area designated by the Plan. HE Findings, Conclusions and Decision ZE-1588-79 Page 1 IUGA: The site is located inside the interim urban growth area boundaries designated by the County pursuant to the State Growth Management Act. Environmental Review: A Mitigated Determination of Nonsignificance was issued by the County Division of Planning for the application on March 10, 2000. Site Description: The site is approximately 8 acres in size, based on the legal description for parcel no. 45091.9001 provided in County Assessor records. The subject property is generally flat, rectangular in shape and undeveloped. The site is in the process of being graded and leveled in preparation for building a church. Prior to being graded, the property sloped gradually downward from north to south, with 15-20% slopes on the southerly edge of the property adjacent to Grace Avenue. A concrete slab and foundation have been installed for the proposed church, and the existing vegetation on the site has been removed. As graded, the property will lie several feet lower in elevation than the single-family residential lots located to the south. A retaining wall of rocks and boulders is being constructed on the 23-foot strip of land abutting such boundary to the south, owned by the applicant. Cyclone fencing abuts the site along its north border. The local access roads of Frederick Road and Fairview Road temporarily cul-de- sac at the west border of the subject property. Area Road Network: State Route No. 27 (Pines Road) in the area is a 4-lane state highway improved with curb and sidewalk. State Route 290 (Trent Avenue) lies approximately '/4 mile north of the subject property, while the Interstate 90/SR-27 freeway interchange lies less than a mile to the south. Mirabeau Parkway, previously known as Euclid Avenue, extends easterly from SR-27 opposite the northeast corner of the site. Such road has been or is being paved to a 3-lane Arterial Road section from SR-27 all the way southeast to Indiana Avenue. Montgomery Avenue, designated as a Minor Arterial by the County Arterial Road Plan, extends westerly from SR-27, just north of the I-90/SR-27 interchange. Indiana Avenue, also designated as a Minor Arterial, extends easterly from SR-27 opposite Montgomery Avenue. Surrounding Conditions: The land near the site is located in the Urban category of the Comprehensive Plan, except to the northeast, which land is designated in the Industrial category. The land lying immediately north of the site, west of SR-27, is zoned Urban Residential-3.5 (UR-3.5) and is developed with an elementary school. The land lying between the school and SR-290 to the north includes a small school district administrative building and 2 sets of railroad tracks. The site is abutted on the south by an undeveloped strip of land (parcel no. 45091.0746) which extends east and west between the property lines of the site extended south. Such strip of land is approximately 23 feet wide, is zoned UR-3.5 and is owned by the church which recently acquired the current site. Such strip of land was originally part of, the Mirabeau Ranch subdivision, which lies south of such strip of land and west of the current site. Such strip of land is not considered buildable by the County, and may have been reserved at one time for an easement or private right of way. The land lying south of such strip of land, as well as the land lying west of the site, is zoned UR-3.5 and developed with single-family homes on urban-sized lots. Further to the south, the properties abutting the west side of SR-27 are zoned UR-22 and developed with multi-family housing. The land lying northeast of the site, at the northeast corner of SR-27 and Mirabeau HE Findings, Conclusions and Decision ZE-158B-79 Page 2 Parkway, is zoned UR-22 and undeveloped. The land lying between such UR-22 zone and SR- 290 is undeveloped, and includes a small Regional Business (B-3) zone as well as UR-3.5 zoning. The land lying further to the east, north of Mirabeau Parkway, is zoned Light Industrial (I-2) and undeveloped. The land lying east of the northerly 2/3 of the site, at the southeast corner of SR-27 and Mirabeau Parkway, consists of a 15-acre parcel recently developed for an industrial office park. Such land is zoned Industrial Park (I-1), pursuant to a 1998 rezone approved by the Hearing Examiner. See Hearing Examiner decision dated 11-23-98 in File No. ZE-5-98. Directly east of such parcel, along the south side of Mirabeau Parkway, is found a 17-acre strip of undeveloped land. In 1999, such land was rezoned to the I-2 zone by the Examiner, along with 90 non- contiguous acres located further to the south, for a multi-use project known as Mirabeau Point. Development of the 17-acre strip of land is limited to uses allowed in the I-1 zone. See Hearing Examiner decisions dated 8-17-99 and 8-18-99 in File No. ZE-37-96. The land lying east of the southerly 1/3 of the site is zoned UR-22 and improved with a school district administrative building. Further to the south, along the east side of SR-27, the land is zoned UR-22 and is undeveloped, and then transitions into multi-family housing and offices on land zoned UR-22. Much of the land lying east of the zoning which borders the east side of SR-27, east and southeast of the site, is designated in the Rural category of the Comprehensive Plan and is zoned RR-10. This includes 88 acres of undeveloped land owned by the Department of Natural Resources in a nature conservancy status, and 44 acres of land which is undeveloped except for facilities left over from a defunct zoo. See Hearing Examiner decisions dated 8-17-99 and 8-18-99 in File No. ZE-37-96. Zoning History of Site: The zoning history of the site is described in detail in the Hearing Examiner's decision dated 1-26-00 in Planning File No. AIE-6-99. Such decision denied the current applicant's appeal of an administrative determination by the County Division of Planning, requiring that a change of condition application be submitted to allow the proposed church to be constructed on the site. The Examiner's decision was not timely appealed and is a final decision. The zoning history discussed on pages 3-6 of such decision is adopted and L incorporated by reference as findings of fact and conclusions herein. Most pertinent is the rezone of the subject property to the Multiple Family Suburban (MFS) zone in 1979, in File No. ZE- 158-79, under the now expired County Zoning Ordinance; the change of conditions approved to such rezone in 1980, in the same file number; and the re-designation of the zoning of the site to the UR-22 zone in 1991, pursuant to the Program to Implement the Spokane County Zoning Code. Description of Current Project: The application for a change of conditions seeks to delete the conditions of the previous rezone and change of conditions, which limited development of the site to condominiums. The application proposes development of the site in accordance with the uses permitted in the UR-22 zone, subject to the restrictions and development standards of such zone. The site plan of record dated 1-4-00 appears to place the north boundary of the site at least 50 feet too far to the south, and the west boundary at least 10 feet too far to the west. See dimensions of the site illustrated on the County Assessor map and County Engineer official plat map illustrating such parcel. HE Findings, Conclusions and Decision ZE-158B-79 Page 3 The site plan illustrates development of a church and related accessory uses. The main building illustrated is a 400-seat sanctuary with a building footprint of 21,201 square feet, along with associated landscaping and parking. An office and classroom are also indicated on the site plan. The buildings have extraordinary setbacks from the south and west property lines. The conditions of approval recommended for the project are intended to replace all the prior rezone conditions applicable to the site. The site plan illustrates a potential doubling of the sanctuary building. The site plan illustrates 20 feet of Type III landscaping along the site's frontage with SR-27 (Pines Road), as required for development in the UR-22 zone. The site plan generally illustrates 10 feet of Type I landscaping along the other property boundaries, as required by the Zoning Code for all institutional uses located adjacent to UR-3.5 zoning. The site plan seeks to incorporate existing vegetation in lieu of the required landscaping along the easterly portion of the north boundary of the site, and along portions of the west property boundary. The site plan also indicates that alternative methods of compliance will be sought to the 6-foot high sight- obscuring screening, required by the UR-22 zone adjacent to UR-3.5 zoning, along the south and west borders of the subject property. The site plan does not illustrate the required sight- obscuring screening required adjacent to the north border of the site. The site plan erroneously indicates the County Engineers as the agency that the applicant will work with to adjust landscaping and screening requirements. County Utilities conditions require the applicant to grant the County a 30-foot wide public sewer easement from the east end of Frederick Road to the point of connection to the County's general sewerage system, in addition to extending public sewer to the site. County Engineering conditions prohibit the project from directly accessing Frederick and Fairview Avenues, which roads terminate along the site's westerly boundary. Conditions of approval submitted by the Washington State Department of Transportation (WSDOT) limit access to the site to 2 access points along SR-27, one at the north property boundary to be shared with the elementary school to the north, and a second access point placed midway along the east property line. WSDOT conditions also require the applicant to contribute the sum of $6,600 toward a future signal at the intersection of SR-27 and Euclid Avenue (Mirabeau Parkway), if work on such signal is commenced within 5 years from the approval of the current application. The applicant is also requested to dedicate right of way needed for such signal and a turning radius at the site's northerly access to SR-27. Both County Engineering and WSDOT conditions require the applicant to provide an updated traffic analysis and traffic mitigation, for any further development of the site. B. Procedural Information: Applicable Zoning Regulations: Spokane County Zoning Code Chapters 14.402, 14.504, 14.622, 14.806 and 14.810 Site visit: March 27, 2000 Hearing Date and Location: March 29, 2000, Spokane County Public Works Building, Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA. HE Findings, Conclusions and Decision ZE-1588-79 Page 4 Notices: Mailed: March 10, 2000, by applicant Posted: March 10, 2000, by applicant Published: March 9, 2000, by County Compliance: The legal requirements for public notice have been met. Hearing Procedure: Pursuant to County Resolution Nos. 96-0171 and 96-0294 Testimony: Ron Hand Scott Engelhard Division of Planning Division of Engineering 1026 West Broadway 1026 West Broadway Spokane, WA 99260-0240 Spokane, WA 99260 Mischelle Fulgham Al French 717 West Sprague Avenue 124 East Walton Spokane, WA 99201 Spokane, WA 99207 Craig Langhans Gregg Figg, WSDOT 1006 South Little John 2714 North Mayfair Spokane, WA 99206 Spokane, WA 99207 Items Noticed: Spokane County Generalized Comprehensive Plan, County Zoning Code, County Code, County Standards for Road and Sewer Construction, County Guidelines for Stormwater Management, and County Arterial Road Plan maps. County Resolution Nos. 99-0261 (revising Road Standards), 97-0874 (revising interim regulations for County IUGAs), 97-0321 (adopting interim regulations for County I`UGAs), 96-0294 (Hearing Examiner Rules of Procedure), 96-0171 (Hearing Examiner Ordinance), and 85-0900 (adopting Zoning Code, and Program to Implement Zoning Code). Final land use decisions referenced in Staff Report, in the Examiner's decision dated 1-26-00 in File No. AIE-6-99, and in this decision. III. FINDINGS OF FACT & CONCLUSIONS OF LAW/ LAND USE ANALYSIS A. Approval criteria The County Hearing Examiner Ordinance authorizes the Hearing Examiner to grant, deny or grant with such conditions, modifications and restrictions as the Examiner finds necessary to make a change of conditions application compatible with the Spokane County Generalized Comprehensive Plan and development regulations. See County Resolution No. 96-0171, Attachment "A", paragraphs 7 (d) and section 11. Development regulations include, without limitation, the County Zoning Code, the State Environmental Policy Act (SEPA) and the County's Local Environmental Ordinance (chapter 11.10 of Spokane County Code). HE Findings, Conclusions and Decision ZE-158B-79 Page 5 The County Zoning Code references change of conditions applications, but does not establish specific criteria for approving such applications. Zoning Code 14.504.040 requires that an application for any significant change to the site development plan approved for a prior rezone, or to change the conditions of approval imposed on a prior rezone, to be approved by the Hearing Body following a public hearing. Zoning Code 14.402.120 references change of condition applications related to a prior rezone. A change of conditions application is required for the project, as determined by the Hearing Examiner's decision dated 1-26-00 in File No. AIE- 6-99 Since a change of conditions application modifies a prior rezone action, the criteria for approving a rezone is generally applicable. Section 14.402.020 of the Zoning Code authorizes amendments to the Code based on any one of six (6) grounds, without differentiating between amendments to the zoning text of the code and amendments to the official zoning map. Zoning Code 14.402.020(1) authorizes the Code to be amended if it is consistent with the Comprehensive Plan and is not detrimental to the public welfare...". Zoning Code 14.402.020(2) authorizes a Code amendment where [c]hanges in economic, technological, or land use conditions has occurred to warrant modification of this Code...". These are the most relevant criteria for consideration of a change of conditions application. Zoning Code 14.100.104 states that Code provisions 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 and guide for making land use decisions. See Comprehensive Plan, p. 2. The "decision guidelines" set forth in the respective sections of the Plan are to be used as a guide to determine whether or not a particular proposal should be approved, conditioned or denied. In considering a rezone application, Washington case law generally provides that (1) there is no presumption in favor of the rezone, (2) the applicant for the rezone must prove that conditions have substantially changed in the area since the last zoning of the property, and (3) the rezone proposal must bear a substantial relationship to the public health, safety or welfare. Parkridge v. Seattle, 98 Wn. 2d 454, 462 (1978); and Bjarnson v. Kitsap County, 78 Wn. App. 840 (1995). General conformance with a comprehensive plan is usually required before a rezone can be approved. Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 873 (1997); Cathcart v. Snohomish County, 96 Wn.2d 201, 211-12 (1981). Some cases have dispensed with the changed circumstances requirement where the rezone closely implemented the policies of the comprehensive plan. Bjarnson v. Kitsap County, supra.; Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 370-371 (1983); and Tugwell v. Kittitas County, 90 Wn. App. 1, 8, 951 P.2d 272 (1999). HE Findings, Conclusions and Decision ZE-158B-79 Page 6 Washington case law indicates that where a comprehensive plan conflicts with zoning regulations, the provisions of the zoning code will usually prevail. See Weyerhaeuser v. Pierce County, 124 Wn.2d 26, 43 (1994); and Cougar Mt. Assocs. v. King County, 111 Wn.2d 742, 755- 57 (1988); and Nagatani Bros. v. Commissioners, 108 Wn.2d 477, 480 (1987). A change of conditions is not a rezone, because it does not change the actual zone of the property. However, a change of conditions application may significantly affect conditions of approval, as well as the permitted uses, location of buildings, landscaping, conditions of approval and other features in a site development plan, approved in conjunction with a prior rezone. A changed condition application may be justified by the same changes that supported the original rezone, as modified or supplemented by more recent changes that have occurred in the area. B. The proposed change of conditions, as conditioned, bears a substantial relationship to and will not be detrimental to the public health, safe and general welfare; generally conforms with the Comprehensive Plan, and complies with the Spokane County Zoning Code and other applicable development regulations. 1. Applicable Comprehensive Plan policies The site and most of the land surrounding the site are designated in the Urban category of the Comprehensive Plan. The land lying northeast across State Route No. 27 (Pines Road) of the site is designated in the Industrial category. The Staff Report submitted by the Division of Planning found the application to be in general conformance with the Urban category of the Comprehensive Plan and with the purpose and intent of the Urban Residential. The Urban category is intended to provide the opportunity for a " citylike" environment, including a variety of land uses served by a high level of public facilities and services. It is primarily a residential category of single-family, two-family, multifamily and condominium buildings, along with neighborhood commercial, light industrial, and public and recreational facilities. The Urban category recommends a residential density (net) range of 1 to 17 units per acre. Comprehensive Plan, Section 1. The Urban category states that the more intensive uses such as light industrial and neighborhood commercial should be located near the heavily traveled streets, with the less intensive uses such as residential isolated from the noise and traffic. Major commercial uses, heavy industrial uses, mining and intensive farming uses are not considered compatible within areas of the county designated Urban. Urban development is recommended in areas having adequate power supplies, water, sanitary and storm sewers, and school and fire services, provided the other policies of the Urban category are met. Comprehensive Plan, Decision Guideline 1.1.1. Sidewalk facilities are recommended along arterials connecting residential areas with community facilities and/or commercial areas. Decision Guideline 1.5.3. Paved streets, street lights, underground utilities and public sewer are strongly encouraged in such category. Decision Guidelines 1.3.3, 1.5.3, 1.5.4, 1.5.5. The Urban category recommends that land use proposals identify and mitigate significant adverse impacts on existing utilities and traffic systems, and conform to applicable plans, policies and regulations adopted for such facilities. Decision Guideline 1.6.1. HE Findings, Conclusions and Decision ZE-158B-79 Page 7 The Urban category discourages residential areas in high noise areas, such as in the vicinity of airports, railroads and freeways. Objective 1.5.d, Decision Guideline 1.5.6. The Urban category recommends that buffering and/or landscaping be used to mitigate the differences between proposed developments and existing uses. Decision Guidelines 1.5.1 and 1.5.2, and Objective 1.5.a. The structure height and architectural character of a proposal relative to that in the surrounding neighborhood are to be considered in determining whether the proposal will change the existing land use character in a negative manner. See Objectives 1.5.e, Decision Guideline 1.5.8. The Transportation section of the Comprehensive Plan contains the County Arterial Road Plan and various policies for development of land uses along public roads. Comprehensive Plan, Section 21. These policies are implemented primarily through the County Road Standards adopted by the County, or state highway criteria in relation to state highways and freeways. 2. Consistency of project with Comprehensive Plan and development regulations The site is currently zoned UR-22, subject to the rezone conditions imposed by the County Hearing Examiner Committee in File No. ZE-158-79 in 1979-1980, to the extent such conditions are more restrictive or specific than the restrictions and development standards of the UR-22 zone. See County Resolution No. 85-0900, Program to Implement the Spokane County Zoning Code; Donwood, Inc. v. Spokane County, 90 Wn. App. 389, 957 P.2d 775 (1998). The land lying immediately north of the site is developed for an elementary school. The land lying immediately south and west of the site is zoned UR-3.5 and is developed for single- family housing, except for a 22-foot strip of undeveloped land abutting the site on the south, which is possessed by the owner of the current site. Multi-family uses on land zoned UR-22 are found further to the south along the west side of SR-27. The land lying immediately east/southeast of the site across SR-27 (Pines Road) is zoned either UR-22 or Industrial Park (I-1), and consists of a light industrial office park and a school district administration building. Vacant land, multi-family uses and office uses on land zoned UR-22 are found of south of such uses. The purpose and intent of the Urban Residential-22 (UR-22) zone are set forth in Zoning Code 14.622.100, as follows: The purpose of the UR-22 zone is to set standards for the orderly development of residential property in a manner that provides a desirable living environment that is compatible with surrounding land uses and assures the protection of property values. It is intended that this zone be used to add to the variety of housing types and densities, and as an implementation tool for the Comprehensive Plan Urban Category. General characteristics of these areas include paved roads, public sewer and water, accessibility to schools and libraries, and a full line of public services including manned fire protection and public transit accessibility. Offices are permitted in the UR-22 zone in order to provide some of the service needs generated by high-intensity land uses. The highest density residential zone, UR-22 is intended primarily for multiple family dwellings and is usually located adjacent to major or secondary arterials. It is used as a HE Findings, Conclusions and Decision ZE-158B-79 Page 8 transition between low or medium density multiple family uses and intensive commercial or low intensity industrial uses and to provide for higher density housing in locations close to employment, shopping and major transportation where movements of people can be handled efficiently and with least overall adverse impact. A church and parsonage is listed as a permitted use in all residential zones, including the UR-22 and UR-3.5 zones. Schools at all levels are allowed in the UR-22 zone, and schools through the junior high level are allowed in the UR-3.5 zone. Multi-family dwellings are prohibited in the UR-3.5 zone, but are allowed in the UR-22 zone at densities of 22 units per acre, or up to 27 units per acre for certain bonus factors such as public sewer. Zoning Code Section 14.605.040, Chapter 14.622, and 14.820. The definition of "church" in Zoning Code 14.300.100 is very broad, and is defined as follows: An establishment, the principal purpose of which is religious worship and for which the main building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assembly rooms, a common kitchen, a library room or reading room, recreation hall and quarters on site for nuns and clergy, but excluding facilities for the training of religious orders. A single-family dwelling (parsonage) is included in this definition with its use for the pastor or caretaker. The proposed church will be located along a busy state highway. This meets the locational criteria of the Urban category of the Comprehensive Plan and the UR-22 zone, which recommends that more intensive uses be located along arterials or highways as opposed to local access roads. The project will be served by a high level of public services and facilities, including public sewer and water. The site lies between and in close proximity to at least 2 developed geographical areas, having uses and densities consistent with the Comprehensive Plan category in which they are designated. Based on this and the public services available to the site, the project meets the criteria for "fill-in" development preferred by the Urban category. See Comprehensive Plan, definition of "fill-in development". There was no public opposition expressed toward the proposed church. A letter was submitted by the owners of single-family residence located west of the site along Frederick Road. Such owners requested that the owner and developer of the current site enter into the record that development of the site be limited to church purposes only, and that if the property is sold, that site development be limited to condominium development only. See letter dated 3-27- 00 from John and Pat Kom. The zoning history of the site between 1979 and 1984 reflected strongly resistance by the nearby single-family neighborhood to development of the site for high density multi-family uses, except for the condominium project originally proposed in 1979. The development standards of the UR-22 zone require that the site be buffered by landscaping and 6-foot high sight-obscuring screening along the boundaries of the site which abut UR-3.5 zoning. Neither requirement can replace the other. These requirements apply to the HE Findings, Conclusions and Decision ZE-158B-79 Page 9 west, south and north boundaries of the site. See Zoning Code 14.622.350 and 14.622.365, and Zoning Code Chapter 14.806. The applicant proposed some deviations from the required landscaping and sight-obscuring fencing requirements. The UR-22 zone does allow the County Division of Planning to waive the 6-foot high screening requirement where there is a 6-foot increase in elevation height between the average site elevation and adjacent UR-3.5 zoning. Zoning Code 14.622.365. Further, Zoning Code 14.810.200 authorizes the Division of Planning to accept alternative methods of compliance from the standards set forth in the Zoning Code, provided that it can be demonstrated that the alternate is at least equivalent to that prescribed in the Zoning Code in terms of implementing the general purposes of the Code, and that such alternate methods do not conflict with conditions of approval imposed through a land use action. Zoning Code 14.810.200. Testimony by the applicant's architect at the public hearing indicates that the recent grading of the site has resulted in a more than a 6-foot grade change between the site and the single- family residences to the south, with the adjacent 22-foot strip being used for installation of a retaining wall for the site. This could allow waiver of the sight-obscuring screening required along such border. See Zoning Code 14.622.365. Such architect has been working with neighboring property owners to ensure that the bank is properly stabilized so as not to affect adjacent properties. The Examiner's site visit indicates the existence of non-sight obscuring fencing along the rear yards of the single-family residences located to the south. The site plan also illustrates 10 feet of Type I landscaping along the south property line of the site, which is required under Zoning Code 14.806. The site plan illustrates the required 6-foot high screening required by the UR-22 zone along the west site boundary, with a notation that the applicant intends to work with the County Engineers to obtain an alternate method of compliance. It is unclear how the applicant intends to do this. Further, only the Division of Planning has the authority to approve alternative methods of compliance under Zoning Code 14.810.200. Such authority cannot violate conditions of approval imposed by the Hearing Examiner. The site plan illustrates the required 10 feet of Type I landscaping along the west and north boundary of the site, with a notation that the applicant intends to work with County Engineers to retain existing vegetation in order to satisfy such requirement. Only the Division of Planning has authority to approve such landscape variation, pursuant to Zoning Code 14.806.080. However, the point is academic since the recent site grading has eliminated the existing vegetation in this area. The applicant's architect indicated at the public hearing that the undeveloped portions of the site lying west and north of the footprint of proposed development on the site could be used as a playground. Public or institutional uses are required to install 10 feet of Type I landscaping adjacent to UR-3.5 zoning, except for parks or playgrounds. If a playground is developed in the west and north portions of the site, the landscaping requirement could be waived. See testimony of Al French. The applicant's architect testified that a driveway access may be extended through the east end of the north boundary of the site, which would alleviate a portion of the landscaping and fencing requirement for the north boundary of the site. Such architect also indicated that the HE Findings, Conclusions and Decision ZE-1588-79 Page 10 elementary school to the north would prefer that the Type I (screening type) and 6-foot high screening required along the northerly border of the site be omitted, apparently for security reasons. A variance should have been applied for to allow this, since alternative methods of compliance would not seem to be available to satisfy these requirements. The proposed church use otherwise appears reasonably compatible with adjoining and neighboring land uses. The project is well-buffered from the residences to the south and west by the required landscaping and screening, the lower elevation of the site, the undeveloped strip of land which abuts the current site on the south , and the extraordinary setbacks for the church from the west and south boundaries where the residences are closest. County Engineering conditions prohibit the site from accessing the local access street which abut the site along its westerly boundary. This condition ensures that the project will not have significant negative traffic impacts on the surrounding residential properties. The applicant submitted a traffic analysis for the project prepared by a traffic engineer. Based on this analysis, the applicant and the Washington State Department of Transportation (WSDOT) have agreed that the applicant should contribute a sum of $6,600 toward installation of a signal at the intersection of SR-27 and Mirabeau Parkway (Euclid Avenue). Based on the traffic analysis and the comments submitted by WSDOT and County Engineering in the project file, the payment of such fees appears to be reasonably related and proportionate to the traffic impact of the project on the transportation system in the area. The WSDOT restriction on access along SR-27 is required to preserve the function of such state highway as a restricted access highway. The required dedication of property by WSDOT for the traffic signal and turning radius at the north access of the site has a rational nexus and is roughly proportionate to the traffic impact of the project on SR-27. The WSDOT and County Engineering conditions also reasonably address the potential traffic impacts generated by additional development of the site beyond the proposed church site, by requiring additional traffic analysis and accompanying mitigation. The primary issue for the project is the potential impact on the single-family neighborhood to the north and west if the site was developed in whole or in part for multi-family housing or other non-church uses. Roughly a third to a half of the site would be developed by the current site plan. The site plan of record illustrates development of a sanctuary, office and classroom initially, with a possible doubling of the sanctuary building. The pastor for the proposed church testified that the only fiiture expansion contemplated on the site is a doubling of the size of the sanctuary immediately west of the sanctuary building illustrated on the site plan, and the development of the open areas of the site for ball fields. See testimony of Craig Langhans. The definition of a "church" under the Zoning Code would include the sanctuary expansion, but does not appear to include a ball field. The Examiner agrees with the applicant that development of the site for a church or church related purposes would not be conflict with the surrounding single-family residential uses. The Examiner also agrees with the applicant that it would be unreasonable to continue limiting development of the site in the future to condominium use, even as a "reversionary" use. However, development of the site for any use permitted in the UR-22 zone, including such uses as high density apartments or office uses, may conflict with the nearby single-family uses or the elementary school use to the north. Site plan review for such potential uses should require approval through a public hearing process. Accordingly, the Examiner has limited development of the site to a church and HE Findings, Conclusions and Decision ZE-158B-79 Page 11 church related uses, including use of the site for a playfield, church school, school day care center, etc. No deficiencies with regard to the ability of the project to comply with development regulations have been established in the record. The project has been conditioned for compliance with the development standards of the UR-22 zone and other applicable provisions of the County Zoning Code, and the recommendations of the commenting public agencies. No public agencies objected to the MDNS issued for the proposal by the County Division of Building and Planning. The proposal will not have more than a moderate effect on the quality of the environment, and the Examiner concurs with issuance of the MDNS. The procedural requirements of chapter 43.21 C RCW and chapter 11.10 of the Spokane County Code have been met. C. Conditions in the area have sufficiently changed in the area since the site was last zoned to 'ut sti the proposed change of conditions, as conditioned. In applying the changed circumstances test, courts have looked at a variety of factors, including changed public opinion, changes in land use patters in the area of the rezone proposal, and changes on the property itself. The Zoning Code references changes in "economic, technological or land use conditions" as factors that will support a rezone. Spokane County Zoning Code Section 14.402.020 (2). Washington courts have not required a "strong" showing of change. The rule is flexible, and each case is to be judged on its own facts. Bassani v. County Commissioners, 70 Wn. App. 389, 394 (1993). As stated previously, recent cases have held that changed circumstances are not required if the proposed rezone implements policies of a comprehensive plan. The above analysis indicates that the project, as conditioned, generally conforms with the Comprehensive Plan. Substantial changes have occurred in the area since the site was last zoned in 1979-1980, to justify approval of the rezone, as conditioned. Changed conditions include without limitation the widening of SR-290 to four (4) lanes and arterial improvements to Mirabeau Parkway; increased traffic along SR-27; the extension of public sewer to the area; the rezoning and/or development of SR-27 and Mirabeau Parkway in the area for multi-family, office and light industrial uses; increased population growth in the area; and inclusion of the site within the County's interim urban growth area boundaries. IV. DECISION Based on the above Findings of Fact and Conclusions of Law, the application for a change of conditions is hereby approved, subject to the conditions of approval of public agencies stated below. Any conditions of such agencies which have been added or significantly revised by the Hearing Examiner are italicized. Failure to comply with the conditions of this approval may result in revocation of this approval by the Hearing Examiner. This approval does not waive the applicant's obligation to comply with all other requirements of other agencies with jurisdiction. HE Findings, Conclusions and Decision ZE-158B-79 Page 12 COUNTY DIVISION OF PLANNING 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which term shall include the owner(s) and developer (s) of the property, and their heirs, assigns and successors. 2. The zone change applies to County Assessor's tax parcel no. 45091.9001, as more particularly described in the project file. Prior to issuance of a building permit, the applicant shall document the actual boundaries of the site to the reasonable satisfaction of the Division of Planning. 3. The proposal shall comply with the Urban Residential-22 (UR-22) zone, the Aquifer Sensitive Overlay zone, and all applicable provisions of the Spokane County Zoning Code, as amended. 4. The applicant shall develop the subject property in accordance with the site plan of record dated January 4, 2000, subject to the conditions of approval and compliance with development standards. Variations, when approved by the Director of Planning/designee, maybe permitted, including but not limited to building location, landscape plans and parking areas. Variations may include other uses permitted in the UR-22 zone, provided they are for church-related purposes, including without limitation playground or ball field use. All variations must conform to the regulations set forth in the Spokane County Zoning Code. The original intent of the development plans shall be retained. 5. Approval is required from the Director of the Division of Planning/designee of a specific lighting and signing plan for the described property prior to the release of any building permit. 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 the maintenance acceptable to the Director of Planning/designee shall be submitted with a performance bond or other suitable guarantee for the project, prior to release of any building permits. Landscaping shall be installed and maintained so that sight distance at access points is not obscured or impaired. 8. The applicant owns a small parcel (45091.0746) zoned Urban Residential-3.5 adjoining the subject site of the south boundary. The adjoining parcel is approximately 22.7 feet x 552.7' feet in size. The applicant is advised that parcel 45091.0746 is not a part of the site plan and that required landscaping must be placed along the south boundary of the subject site. 9. The site plan does not illustrate the required 6 -foot high sight-obscuring screening along the north property line, as required by the UR-22 zone where the adjoining zoning is UR-3.5. The site plan also indicates that existing vegetation may be used in place of required landscaping along the north and west property lines. The Examiner's site visit indicates no existing landscaping in these locations. Compliance with required landscaping and screening shall be resolved administratively by the Division of Planning, as provided in the Zoning Code. These issues are discussed in more detail in the Hearing Examiner's decision herein. HE Findings, Conclusions and Decision ZE-158B-79 Page 13 10. Prior to issuance of a Certificate of Occupancy permit, the Planning Division shall inspect the subject parcel for proper placement of the landscaping. 11. The Division of Planning shall prepare and record with the Spokane County Auditor a Title Notice noting that the property in question is subject to a variety of special conditions imposed as a result of approval of a land use action. This Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same tune frame as allowed for an appeal and shall on be released, in full or in part, by the Division of Planning. The Title Notice shall generally provide as follows: The parcel of property legally described [ ] is the subject of a land use action by the Spokane County Hearing Examiner on March 29, 2000, imposing a variety of special development conditions. File No. ZE-158B-79 is available for inspection and copying in the Division of Planning. COUNTY DIVISION OF ENGINEERING Prior to release of a building permit or use of property as proposed: 1. Approach permits and/or required improvements to Pines Road/SR-27, must be approved by the Washington State Department of Transportation (WSDOT). 2. The applicant shall submit drainage and access plans for approval by the Spokane County Engineer. 3. 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. 4. 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. 5. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners resolution 99-0265 as amended and are applicable to this proposal. 6. Direct access to Frederick Avenue and Fairview Avenue is prohibited until such time as authorized by the County Engineer. 7. A traffic distribution letter for the proposed church was submitted to the County Engineer and WSDOT, for review and acceptance, prior to this item being placed on an agenda for a public hearing. Additional traffic information shall be submitted by the applicant prior to any proposed expansion of the church in the future and any other development proposals not addressed in such distribution letter. Any traffic information and/or recommended mitigation HE Findings, Conclusions and Decision ZE-158B-79 Page 14 submitted for future expansion of the site will require review and acceptance by the County Engineer and WSDOT. COUNTY DIVISION OF UTILITIES 1. A wet (live) sewer connection to the area-wide public sewer system shall be constructed. A sewer connection permit is required. Commercial developments shall submit historical and/or estimated water usage prior to the issuance of the connection permit in order to establish sewer fees. 2. Applicant shall submit expressly to Spokane County Division of Utilities, "under separate cover", only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial and institutional developments shall submit historical and/or estimated water usage as part of the sewer plan submittal. A 30-foot public sewer easement to extend public sewer from the east end of Fredrick to the point of connection to the sanitary sewer system shall be provided to Spokane County. 3. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of the sewer construction permit. 4. Arrangements for payment of applicable sewer charges must be made prior to issuance of sewer connection permit. Sewer charges may include special connection charges and general facilities charges. Charges may be substantial depending upon the nature of the development. 5. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. SPOKANE REGIONAL HEALTH DISTRICT 1. Connection to the Spokane County public sewer system and to Irvin Water District is required. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY I. All applicable air pollution regulations must be met. See SCAPCA memo dated 12-22-99 in County Division of Planning file for project. WASHINGTON STATE BOUNDARY REVIEW BOARD 1. The site lies outside the corporate limits of Irvin Water District, and the District requires annexation before water service can be provided to the project. A Notice of Intention for annexation is required to be filed and approved by the Boundary Review Board before the issuance of a building permit. HE Findings, Conclusions and Decision ZE-158B-79 Page 15 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION 1. Access to Pines Road (SR-27) will be limited to two (2) access points as stated below. A valid WSDOT road approach application is require for access at these two locations. An engineered design of these access points shall also be submitted for WSDOT review and approval. a. One access point shall be at the north property boundary. This access will be shared with Trentwood Elementary, this is to be a signalized intersection in the future. b. The second access point will be approximately midway between the property's north and south boundary lines along Pines Road. Due to channelization in Pines Road, this access point will be limited to right in and out only unless the applicant can prove to WSDOT's satisfaction that left turns can be safely accommodated. The access design will need to reflect this turn restriction unless this restriction is removed by WSDOT. 2. Dedication of right of way to WSDOT for a turning radius and location of WSDOT traffic signal equipment shall be provided at the site's northerly access to Pines Road. 3. Due to the proximity of Pines Road, site drainage plans need to be reviewed by WSDOT. 4. The applicant shall provide a contribution of $6,600 towards a future signal at the Pines Road and Mirabeau Parkway (Euclid Avenue) intersection provided work on this signal commences within five years from the approval of the date of this decision. Acceptable surety to guarantee this payment shall also be provided to the WSDOT prior to the release of a general building permit for this site. 5. Development beyond the church proposed in this request will require that the applicant provide additional traffic information be provided to WSDOT and Spokane County for review and acceptance. As a result of this requirement, additional mitigation may be required to account for the increase in traffic. HE Findings, Conclusions and Decision ZE-158B-79 Page 16 DATED this 29"' day of March, 2000. SPOKANE COUNTY HEARING EXAMINER ;~~Claj Michael C. Dempsey, WSBA #805 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution No. 96-0171, the decision of the Hearing Examiner on an application for a change of conditions application is final and conclusive unless within twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with standing files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed. This Decision was mailed by Certified Mail to the Applicant on March 29, 2000. The date of issuance of the Hearing Examiner's decision is therefore April 3, 2000, counting to the next business day when the last day for mailing falls on a weekend or holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS APRIL 24, 2000. 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) 477-7490. The file may be inspected Monday - Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:00 p.m. Copies of the documents in the record will be made available at the cost set by Spokane County. HE Findings, Conclusions and Decision ZE-158B-79 Page 17 PINE SEWER DEV INC PINE SEWER DEV INC PINE SEWER DEV INC C/O TOM HAMILTON C/O TOM HAMILTON C/O TOM HAMILTON P O BOX 14686 P O BOX 14686 P O BOX 14686 SPOKANE WA 99214 0686 SPOKANE WA 99214 0686 SPOKANE WA 99214 0686 MISCHELLE FULGHAM AL FRENCH GREG FIGG 717 WEST SPRAGUE AVE INTERNATIONAL DESIGN WSDOT SUITE 1600 124 EAST WALTON 2714 NORTH MAYFAIR SPOKANE WA 99201 SPOKANE WA 99207 SPOKANE WA 99207 CRAIG LANGHANS JOHN AND PAT KORN 1006 SOUTH LITTLE JOHN 12103 EAST FREDERICK SPOKANE WA 99206 SPOKANE WA 99206 i 1 STAFF REPORT TO THE HEARING EXAMINER " T File ZE-15813-79 A flill E I~' DIVISION OF PLANNING SPOKE COUNTY HEARING DATE: March 29, 2000 at 9:00 A.M. FILE LF- iB PROJECT PLANNER: Ronald Hand, Associate Planner PROJECT DESCRIPTION: Change of Conditions to a previously approved zone ieclassi;icatlol~ (ZE-158A-79) that restricted development to Condominium purposes only. The applicant is requesting allowance to construct a church and those uses allowed in the Urban Residential-22 (UP-22) zone Project Data Project Location: 3001 N. Pines Road, generally located west of and adjacent to Pines Road and south of Euclid, approximately 160 feet north of Grace, in the NE % of Section 9, Twp.25N., Range 44 E.W.M., Spokane, County. Parcel Numbers : 45091.9001 Applicant/Agent Mischelle Fulgham 717 W. Sprague Avenue Suite 1600 Spokane, WA 99201 (509) 455-9555 Owner: Pines Sewer Development Inc. c/o Tom Hamilton P.O. Box 14686 Spokane, WA 99214-0686 Comprehensive Plan Urban Designation: Zonin : Urban Residential-22 (UR-22) Existing Land Use: The site is graded and developed with a founriat! and a concrete slab for the proposed Church- Surrounding Zoning and Land Uses: North: Zoning to the north is Urban Residential-3.5 (UR-3.5) and Industrial Park (1-1). Trent Elementary School is located immediately to tl north of the subject site. North of the school is Burlington Northern railroad tracks and Trent Staff Report - March 29, 2000 Public Hearing 1 0 f 9 Avenue. • South: Immediately south of the subject site is single family residential housing zoned UR-3.5. UR- 3.5 zoning transitions to vacant UR-22 zoning terminating at 1-90 approximately '/z mile to the south. Apartments, condos and a Mobile Home Park are located to the southeast of the subjec, site. • East: Zoning east of the subject site is UR-22. Uses located immediately east of the subject site East Valley School Administration offices an, the Pinecroft Business Park. Extending eas therefrom is vacant. • West: Zoning to the west is UR-3.5 and is fully improved into a single-family neighborhoo a Known Land Use Proposals and Project approvals within the vicinity of the Recent Project Approvals in the proposal include: Preliminary Binding Site Plan Area of this Project (BSP-65-98), located approximately 5/8 of a mile to the South on Pines Road and Mission Avenue for the division of 4.79 acres into four tracts for an existing church, an existing motel, an exiting office building, a commercial use not yet determined; the approved preliminary short plat (SP-1188-98) to divide 15.1 acres into four lots for uses in the UR-3.5 and RR-10 zones directly across Pines Ave., to the east from the subject site. PE- 1812-96 Chapman Meadows, approximately '/Z mile to the S.E., and CUE-5-98 about % mile to the south. Land Division Status: The subject parcel does not have Certificate of Exemption and will need one before a building permit can be issued. Shoreline Designation: o app ica e, Spokane County Shoreline Maps indicate the site is not in a shoreline area Water urveyor: Irvin Water District a site is within the boundaries of Irvin Water District #6 but has not been annexed into the district. Sewage isposa : The site will be serve by the Spokane County ublic sewers stem. Fire District The subject site is within po ane County ire District #1. Fire District #1 has expressed no concerns. School District and nearest K-12 The subject site is in East Valley school district. schools: Trent Elementary school is located adjacent to and north of the proposal. East Valley High, East Valley Middle school and Trentwood Elementary schools are located approximately one and one-half miles to the East on Welles!ey Avenue. _ Nearest Arterial and Distance: The proposai is located adjacent to ano on the west side of SR-27 (Pines Road). WSDOT has required dedication of right-of-way and other in., as corditiens 0 annroval for this Staff Report - March . proposal. Spokane County Division of Engineering and Roads has also submitted conditions of approval concerning SR-27. Trent Avenue lies approximately 1200 feet to the north and is designated as a State Highway. Nearest Parks and Distance: Valley Mission Park is a 22-acre park located approximately one mile to the southwest of the subject site. Neighborhood Association: The subject property is not located within the boundaries of a known neighborhood association. • This proposal is located inside the IUGA. • This proposal is located inside a Public Transportation Benefit Area (PTBA ) • This proposal is located outside the 1000' notification boundary of desk,, Resource Lands GMA/Critical Ar is Aquifer Recharge Area: The subject site is located inside the Priority Sewer Service Area (PSSA) and inside the Aquifer Sensitive Area (ASA) Overlay zone. Fish & Wildlife Habitat Conservation Spokane County Critical Areas Maps Areas: do not indicate the presence of Fish or Wildlife on the site. Floodplain: A review of the relevant FIRM map indicates the site is located in zone and is outside of any 100-year flood plain. Geologically Hazardous Areas: The Spokane County Critical Areas Map does not indicate the presence of any geologically hazardous areas or erodable soils on site. Wetlands: Spokane County Wetlands Maps do not indicate the presence of wetlands oi, the site. A Wetland Report has r been requested from the owner SEPA ❑ Miligaieu uiv~,-) 16,o a v~ i iviar :,i i v. ❑ Comment period ended March 27, 2000. Noticing Published: Spokesman Review on March 9, 2000 by the Division of Planning. Mailed: The deadline for mailing the Notice of Application and the Notice of Hearing to taxpayers/owners of property located within 400 feet of the boundaries of the subject site was March 14, 2000. Staff Report - March 29, 2000 Public Hearing 3 of 9 Site Posted: The deadline for the applicant to post the site was March 14, 2000. 1724 Compliance Dates Application Accepted: December 15, 1999 Determination of Technically Incomplete issued: December 30, 1999 Determination of Technically Complete issued: February 8, 2000. Date Notice of Decision is Due: June 7, 2000 Reviewing Agencies A total of 15 agencies were notified on March 1, 2000. Final comments were due March 15, 2000. Agencies Notified Response Date Agencies Notified Response Date Received Received Received Received Spokane County Yes 3-14-00 Spokane County Air Yes 12-22-99 Division of Engineering Pollution Control Authority Spokane County Yes 1-7-00 WA State Boundary Yes 3-17-00 Development Review Board Engineering Services Spokane County Yes 1-26-00 Spokane Transit No Division of Utilities Authority Spokane Regional Yes 3-6-00 WA State Department Yes 3-14-00 Health District of Transportation Spokane County No East Valley School No Division of Building and District #361 Code Fire District #1 Yes 1-12-00 Spokane Regional No Transportation Council Irvin Water District #6 No Spokane County Yes 12-30-99 Stormwater Utility WA State Department No of Ecology, SEPA review Responses from the Public: There have been no written responses from the public. Description of the Site: The subject site is 7.64 acres in area. The site is square in shape and slopes gently from the south to the north, except for 15-20% slopes on the southern edge of the property abutting Grace Avenue. The site has been graded in preparation for building a church. A concrete slab and foundation have been constructed on site. Description of Surrounding Neighborhood: The surrounding neighborhood is comprised primarily of single-family dwellings on 10,000 square foot lots to the west and south of the subject site. An elementary school is located adjacent to the site to the north. East of the site are office and commercial uses, with vacant land extending eastward therefrom. To the west of Pines Road is a developed single-family neighborhood. The east side of Pines Road is developing into office, Staff Report - March 29, 2000 Public Hearing 4 of 9 commercial and apartment uses. The subject site is located in an area between Trent Avenue and I- 90. Basalt outcroppings slope from the south to within about of a mile of the site. Background: The site has been the subject of several land use actions including; 1) a zone reclassification (ZE-131-78) from Agriculture to Multi-family Suburban (denied); 2) a zone reclassification (ZE-158-79) from Agriculture to Multi-family Suburban for the purpose of an 80 unit condominium/apartment development (approved); 3) a change of conditions in 1980 (ZE- 158-79) removing two of the conditions from the original zone change (approved); 4) a change of conditions in 1984 (ZE-158A-79) to increase the density of the proposed condominium/apartment development (denied); 5) an appeal of an Administrative Determination (AIE-6-99) interpreting rezone conditions of approval limiting site development solely to condominium development (denied). In 1978 the owner requested a zone change from Agriculture to Multi-family Suburban with a commercial strip (ZE-131-78). The file contains over 110 letters from neighbors against the action. The zone reclassification was denied. In 1979 the owner again requested a zone change from Agriculture to Multi-family Suburban, leaving out the commercial strip. The proposed development was an 80-unit condominium/apartment complex. The zone reclassification received conditioned approval that limited the use of the property to the 80-unit condominium/apartment development. Other conditions insured that the site would revert to Agriculture if the current owner sold the land without fully developing it. In 1980 the owner requested a Change of Conditions for a previously approved zone change (ZE- 158A-79) asking that condition one be amended to read "Approval is granted for the sole purpose of condominium development" and that conditions two and three be removed. Condition two stated, "If for any reason this project cannot be constructed, the zoning of the property shall be reverted to the Agricultural Zone. Condition three stated "The sponsor in conjunction with the owner of the property record in the Spokane County Auditor's Office prior to a change in the Zoning Map by staff, a statement to run with the property which is the subject of the zone change application that the zone change is invalid, and the property shall automatically revert to the pre- existing Agricultural Zone classification if the property is sold by Mary F. Calistro to another party prior to full development pursuant to the application." The Hearing Examiner Committee approved petition on May 15, 1980. In 1984 another Change of Conditions for a previously approved zone change was submitted (new number was not assigned) requesting that the condominium/apartment density be increased to 172 from 80, the petition was denied by the Hearing Examiner Committee. In the fall of 1999 the owner applied for a building permit to build a church. During the review process it was determined that ZE-158A-79 had limited the development uses of the site. Conditions of Approval as amended per Change of Conditions (ZE-158A-79) specifically states in condition one "Approval is granted for the sole purpose of condominium development." The owner requested an Administrative Determination of condition one. The determination upheld the condition and the determination was appealed. This hearing body denied the appeal (AIE-6-99) on January 26, 2000. The applicants have now filed an application for a Change of Conditions (ZE-15813-79). On December 30, 1999 a Technical Review meeting was held with the applicants. At that time the applicants were given a list of the items necessary to bring the subject application in to Technically Complete status. The applicants complied with the requirements and were issued a letter of Technically Complete on February 8, 2000. Subject of Change of Conditions: On December 2, 1999, the applicant submitted an application for a Change of Conditions for a previously approved zone change (ZE-158A-79). The applicant requests that all previous Conditions of Approval be removed and the applicant be Staff Report - March 29, 2000 Public Hearing 5 of 9 allowed to develop the subject site for uses allowed in the Urban Residential-22 (UR-22) zone. Specifically, the applicant has submitted a site plan for the construction of a church on the subject site and requests that the previously imposed Conditions of Approval that limited the site to "sole purpose of condominium development be removed. Staff Analysis: Comprehensive Land Use Plan: The subject site is designated Urban in the Spokane County Comprehensive Plan. The Characteristic Features section of the Urban Category of the Comprehensive Plan states in part "Since Urban areas will be the most intensely developed of all the categories, it is primarily a residential Category of single-family, two-family, multifamily, and condominium buildings along with neighborhood commercial, light industrial, and public and recreational facilities." Objective 1.1.a of the Urban Category of the Comprehensive Plan states "Promote fill-in within established development areas and existing outlying communities where utilities, arterials, schools and community facilities have already been established." Decision Guidelines for Object 1.5.a states "Buffering and/or landscaping will be used to mitigate the differences between proposed developments and existing uses." The subject proposal implements the Comprehensive Plan as identified in the Comprehensive Plan Urban Category. The proposed use is fill-in development. The site has access to urban level services such as public water, public sewer, electrical power, and telephone and lies adjacent to SR-27 (Pines Road), a heavily traveled State Highway. The Site Plan provides for landscaping along Pines Road and on the boundary lines of the subject site that border residential development. Zoning Analysis: The subject site is zoned Urban Residential-22 (UR-22). The site is located over the ASA overlay zone and is within the UTA, the PSSA, and Airport Overlay Zone. The subject site is not located in a neighborhood Association overlay area. According to the Spokane County Zoning Code "It is intended that this zone (UR-22) be used to add to the variety of housing types and densities, and as an implementation tool for the Comprehensive Plan Urban Category. General characteristics of these areas include paved roads, public sewer and water, accessibility to schools and libraries, and a full line of public services including manned fire protection and public transit accessibility. Offices are permitted in the UR-22 zone in order to provide some of the service needs generated by high-intensity land uses. The highest density residential zone, UR-22 is intended primarily for multiple-family dwellings and is usually located adjacent to major or secondary arterials. It is used as a transition between low or medium density multiple-family uses and intensive commercial or low intensity industrial uses The zoning of the proposal is in conformity with the general zoning trends of the neighborhood. The site is bordered on the north and west by UR-3.5 zoning and to the south and east by UR-22 zoning. The owner requests that the conditions of ZE- 158A-79 be removed to allow the construction of a Church on the site. The subject site's UR-22 zoning of generally permits churches as an outright permitted use per Chapter 14.605 of the Spokane County Zoning Code. The subject site's zone reclassification (ZE-158A-79) as conditioned precludes any use other than the use of the site for condominium development (see Division of Building and Planning Administrative Decision of 11-18-99). Design: The applicant has submitted a site plan proposal for the subject parcel that improves the property with a church, associated parking and landscaping. The applicant's application was considered technically complete on February 8, 2000 and the site plan meets the zoning requirements. The applicant and WSDOT have agreed on an amount to be contributed toward the provision of a future signal at the Pines Road and Euclid Avenue intersection. Access to the property will be limited by WSDOT to two access points. One access point will be at the north property boundary, the second access point will be approximately midway between the property's north and south boundary along Pines Road. Staff Report - March 29, 2000 Public Hearing 6of9 Proposed Site Plan Use: Church Proposed Buildings: One Church, no accessory buildings are proposed. Building Footprint Area: 21,201 Square feet Site Coverage: 6.05% Maximum Structure Height: 35'- 9" Building Setbacks: Proposed Required Front yard 168' 25' Flanking yard no flanking streets Side yard (R) 83'- 6" 5' for each story of bldg. Rear yard (L) 15' from property line approx. 250' Parking 123 stalls 100 stalls Proposed Buffering/Landscaping Techniques: Front Yard: 25' of type III Landscaping Left Side Yard: 10' type I Landscaping Right Side Yard: 10' type I Landscaping along parking area of Trent Elementary School Rear Yard: 10' type I Landscaping along zoning boundary line and a six (6) foot high sight-obscuring fence. The site plan submitted for review by the Hearing Examiner is general in nature. Detailed review to determine compliance with all Zoning Code regulations and conditions of approval is recommended to be administrative and to occur at the Building Permit stage. Project Summary The proposed site plan is generally consistent with and implements the Urban category of the Comprehensive Plan and the purpose and intent of the Urban Residential-22 (UR-22) zone. Attachments A. Maps • Vicinity Map • Site Plan • Comprehensive Plan • Zoning B. Conditions of Approval C. Agency and Public Comments Staff Report - March 29, 2000 Public Hearing 7 of 9 ZE-158B-79 Vicinity Map Sudwft m, I ~ rl~r~aL F-22 ~ I 34 Wei I Itl . I tl,ll Iltlt. t'~illilf li'il111111r 3 Ilia l 11j11r Loan I■ u ,"1j',1 r -I 1 r►1 1. ♦ ftRL- ,111111'':1 ~ ? 11it, r 11111111 111. I ~~Illlil II t11 I r;~111" 11 `r X11 I 1611; 111 ll 1 I . f 1 I , ,.1 1 ~I Illfl 1111 '',1 'I.~,` llfiilllllllll•1111111 13111111 III 1j111i .,1 f, 11111 ( 1111111 I'I'I; I11'Illlll ~ flil „ 1~r~.l~h~ ,ui1 ~I fr I 'It ~f1r~r 11111. s j1i'1 Nairrkw ' Qwj i r 0 Ksm 09 I e I r71q I+ s Mission - Haswell V v 3 7 Lion brie y S R 4 > i Scale : 1 inch - 1667 ft 03/22/00 Vicinity Map i [M~idu. sGVQ,~ -_MARISU POINT AVE r, I I ~n' rt+r sue' 1+m~t~-G 1° A(wN ulna I I HaL,W u v,uv¢„a, d w.as:.gt KpArir(~'r. I III BUILDING INFORMATION PERCENT OF BUILDING COVERAGE BLAL IIAG 50 FTG ■ 21,:01 S.F. LOT AREA - 350.400 s F. t° rtvN [[0apV4 ed I I PERCENT OF COVERL'E - b CS» ..:.STMG I ara,c- a Liy.id Of BUILDING USES: CHURCH wcr,>.a kwwwc-,. I I LANDSCAPED AREAS TYPE 1 • 5,300 S.F. ICP ~I TYPE 0 - 9,600 S F GENERAL - 249,123 SF. O ~.r u ttAls Q TYPE OF LANDSCAPING I» ~ FRONT YARD - TYPE M N N f I I I I I I I I I I' I SIDE YARDS - TYPE I CA T REAR YARDS - TYPE I - EXISTING RATURAL VEGETATION 1111111111119 1 O / 110. OF PARKING SPACES REQUIRED - 100 STALLS rI( O I W PARKING PROVIDED ■ 123 STALLS r~ V I1 QI PERCENT OSETBACKSF SPACE (EXCLUDING PAVED AREAS) - 76-21% X FRONT YARD - 25' FROM RIGHT OF WAY W SIDE YARD - S' FROM PROPERTY LINE PER STORY - SINGLE STCR/ BLDS t. T9 - / - „ I I REAR YARD - 15' FROM PROPERTY lr4E 1 O I HEIGHT OF BUILDING • TALLEST POINT R HEIGHT OF BUILDING AT OFFICE/CLASSRoC" 16'-7- W 7 I : y' / [ep I I HEIGHT of SIGN - MONUMENT 5'-0' I e - I , sr- t. L ' i ~T Yp4MUR [r- 1. ur-1 [A>.' 0 01p TT eon IV tlpn rel0 u[ra tn[ M I ; ~ S' Rlr1 h10 ARM'. ~ - o° rp~ ( n' me . wos[r.c s+v I I trrs , I I DWI .W' IC Nn~ Mfg. CQN •T 1.;1 :iM 1G 111 v,,(nMt{ Ylrq[, REOU1n_D PA?KING - CHURCH P,EOUIRED PAAr.ING FOR CHURCH t SiAtL/ FOUR SEATS -.n .ul u uwe°n[1yrr. SANCTUARY SEATING - 400 i:r c+ ►.~.IN1 rw;u a uA~f REQUIRED PARKING - 100 STALLS PARKING PRCMDED 123 STALLS PROPOSED FOURSQUARE VALLEY CHURCH G ROPOOSED SITE PLAN rata SCALE: I' - 60'-0' 0 30' 60' 90' Z E-15 8 B-79 Comprehensive Land Use Plan 1 W'c!Ic k 1 y y,~ Rich Miiahcau Pk r i i i i i i uicaa R cry .,vn M wf n 770 121 W IT! 7 --g ~ r- ~ CIO e Scale : 1 inch - 1250 ft 03/22/00 Comprehensive Land Use Plan Subject Property within IUGA. A-A A- - Subject Property within UTA. Subject Property within PSSA. Subject Property within ASA. ZE-1586-79 Existing Zoning SRR-5 UR-3.5 R-2 .2 1-3 U R-3. B-2 I-2 -3 -2 2 'fill B_2 _3 1-2 .2 -2 .5 B- ' 3 B- .7 B- -2 U 22 I a ILL 1-2 }X. I-1 1. Ll R 51 rj-j*-_ _L] -,I 1 14 3 10-0.0 UR-22 22 5 UR-3.5 UR-22 UR-22 220 _2UR-~ RR-10 U R-22 UR 22 12 UR-3.5 3.5 ~ UR-22 .2 UR-22 -22 a U -3. eem R 10 -2 R. UR-22 U UR`-R12 R•3 B-3 I- 1 ~•2 I U -3.5 i 1.2 1 UR-7 .3 RR -10 1-2 .3 UR-22 I- I -2 1-2 .2 12 1-2 B• B-3 1- 1- 1-2 1 - RECOMMENDED CONDITIONS OF 1 I APPROVAL FOR ZE-1586-79 DIVISION OF PLANNING SPOMN,E COUNTY 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant". which term shall include the owner(s) of the property. heirs. assigns and successors 2. The zone change applies to the following real property: Assessor's Parcel No. 45091.9001 3. The proposal shall comply with the Urban Residential-22 (UP-22} zone and all applicable charters of the Spokane County Zoning Code as amended 'r l l oL C p'':i -ar. L S idi1 (J -a presented to the Hearing Examiner. Variations, when approved by the Director of Planning/designee, may be permitted, including but not limited to building location, landscape plans and general allowable uses of the permitted zone. All variations must conform to regulations set forth in the Spokane County Zonina Code. and the origin: intent of the development plans shall be maintaine 5. Approval is required from the Director of the Division of Planning/designee of a specific lighting and signing plan for the described property prior to the release of any building permit. 6. Direct light from anv exterior area linhtina fixture shall not extend over the property hO!_ rd --ir, ;f•'.- acceptable to the Director of the Division of Planning/designee shall be submitte r: performance bond or other suitable guarantee for the project prior to release of any building permits. Landscaping shall be installed and maintained so that sight access points is not obscured or impaired 8. The applicant owns a small parcel (45091.0746) zoned UR-3.5 adjoining the subject site on the south boundary. The adjoining parcel is approximately 22.7' X 552.7' in size Th applicant is advised that Parcel 45091.0746 is not a part of the site plan landscaping must be placed on the south boundary of the subje t i 9. Prior to issuance of a Certificate of Occupancy permit, the Plann !ir-: De lartli,,er,t sr~a!i inspect the subject parcel for proper placement of the landscaping 10 The Division of Planning shall prepare and record with the Spokane County Auditor a Title Notice noting that the property in question is subject to a variety of special conditions imposed as a result of approval of a land use action This Title Notice shall serve as public notice of the conditions of approval affecting the property in question The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only re released, in full or in part, by the Division of Planning The Title Notice shall generally provide as follows The parcel of property legally described [ ] is the subject of a land use action by a Spokane County Hearing Examiner on March 29, 2000, imposing a variety of special development conditions. File No. ZE-1586-79 is available for inspection and copying in the Spokane County Division of Planning. Staff Report - March 29, 2000 Public Hearing 9 of 9 Washington State BOUNDARY REVIEW BOARD I For Spokane County I I 1026 W. Broadway Avenue Spokane, WA 99260-0040 I (509) 477-4237 FAX (509) 477-3631 March 17, 2000 Ron Hand, Planner Spokane County Planning Division 1026 West Broadway Avenue Spokane, WA 99260 RE: ZE-158B-79: Foursquare Gospel Church, 3001 N. Pines Dear Mr. Hand: Thank you for the opportunity to comment on the above proposal. The site is not within the corporate limits of Irvin Water District and the District requires annexation before water service can be provided. A Notice of Intention for annexation is required to be filed with and then approved by the Boundary Review Board before this action can be finalized. If you have any questions, please do not hesitate to call me at 477-4237. Sincerely, Susan M. Wincheii, AICP Boundary Review Board Planner BOARD MEMBERS: Douglas Beu John B. Hagney Robert E Nebergall Lawrence B. Stone Daniel E Turbeville, III f l r OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243 &"CKA'XFcm-u% "ENGINEER'S CONDITIONS OF APPROVAL" ZONE TO: Spokane County Planning Department FROM: Division of Engineering & Roads DATE: March 14, 2000 PROJECT: UR-22 3RD CHG OF CON DELETE CONDONINIUMS ONLY FILE ZE-0158C-79/ Hearing: 03/29/2000 Sponsor/Applicant MISCHELLE FULGHAM Section Township Range: 09-25-44 Planner: RON HAND 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 release of a building permit or use of property as proposed: 1. Approach permits and/or required improvements to Pines Road/SR-27, must be approved by the Washington State Department of Transportation (WSDOT). 2 Applicant shall submit for approval by the Spokane County Engineer drainage and access plans. 3 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 4. 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. 5. 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. 6 Direct access to Frederick Avenue and Fairview Avenue is prohibited until such time as authorized by the County Engineer. CC Applicant M--SCHELLE : i. L A14 Ergine__ /Surve.: or Planner RCN F.'IND 1 - Page 2 03/29/2000 (01/12/2000 (08/09/1984 ZE-0158C 79 7. A traffic distribution letter for the proposed church was submitted to the County Engineer and WSDOT, for review and acceptance, prior to this item being placed on an agenda for a public hearing. The applicant is advised that additional traffic information is required prior to any proposed expansion of the church in the future and any other development proposals not addressed in the aforementioned distribution letter. Any traffic information and/or recommended mitigation submitted for future expansion of the site will require review and acceptance by the County Engineer and WSDOT- END C Washington State Eastern Region Department of Transportation 2714 N Mayfair Street Sid Morrison Spokane, WA 99207-2090 Secretary of Transportation (509) 324-6000 RECEIVED March 14,2000 SPOKANE COUNTY Mr. Ron Hand MAC 15 2000 Spokane County Planning CURRENT PLANNING DIVISION West 1026 Broadway Avenue Spokane, WA 99260-0240 Re: ZE-158B-79 Change of Conditions for a previously approved zone change to allow a church Dear Ron; The Washington State Department of Transportation (WSDOT) has reviewed the information that was submitted on the above proposal. Consequently, the following conditions of approval are submitted for inclusion in the findings of fact, conclusions and order/decision should the above change of conditions be granted.: 1. Access to Pines Road (SR 27) will be limited to two access points as stated below. A valid WSDOT road approach application is required for access at these two locations. An engineered design of these access points shall also be submitted for WSDOT review and approval. • One access point shall be at the north property boundary. This access will be shared with Trentwood Elementary, this is to be a signalized intersection in the future. • The second access point will be approximately midway between the property's north and south boundary lines along Pines Road. Due to channelization in Pines Road this access point will be limited to right in and out only unless the applicant can prove to WSDOT's satisfaction that left turns can be safely accommodated. The access design will need to reflect this turn restriction unless this restriction is removed by WSDOT. 2. Dedication of right of way to WSDOT for a turning radius and location of WSDOT traffic signal equipment is also needed at the sites northerly access to Pines Road. 3. Due to the proximity of Pines Road, site drainage plans need to be reviewed by WSDOT. 4. The applicant shall provide a contribution of $ 6,600 towards a future signal at the Pines Road and Euclid Avenue Intersection provided work on this signal commences within five years from the approval of the requested change of conditions. Acceptable Mr. Hand March 14, 2000 Page 2 surety to guarantee this payment shall also be provided to the Washington State Department of Transportation prior to the release of a general building permit for this site. 5. Development beyond the church proposed in this request will require that additional traffic information be provided to WSDOT and Spokane County for review and acceptance. As a result of this additional mitigation may be required to account for the increase in traffic. If you have any questions on this matter, please feel free to contact me at 324-6199. Sincerely, Greg Figg Transportation Planner cc: Al French, Applicant's Contact Scott Engelhard, Spokane County Engineers Project File: 027-087-06 RECEIVED SPOT NE- Cou-;-y MAR 105 2000 CURRENT PLANNING DIVISION. RECEIVED SPOKANE C,1 1N?„ DEC 0 1999 DIVISION OF BUILDING AND PLANNING TECHNICAL REVIEW MEETING SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING Date: Derpmber 10, 1999 Department: Spokane Re nal Health Department Contact Person: Steven P. Holderb ..SS.. Action: ZE-158A-79; Change of Conditions of a previously approved Zone change. The applicant requests removing condition i 22 g development to the sole purpose of condominiums. Zoning TECHNICAL REVIEW MEETING: DECEMBER 30, 1999 @ 1:15 P.M. Note: The following information is to provide the proposal sponsor with primary agency comments to assist the sponsor and aid the processing of public hearing items heard before the Hearing Examiner. The following information does not provide a complete or binding final review of the proposal. This will occur only after the proposal is accepted and placed on the Public Hearing Agenda. The acceptance of the application and scheduling of the application on the Public Hearing Agenda is the primary function of this meeting. A secondary function of this meeting is to provide a preliminary review of the application. This will provide a forum for the sponsor and other departments of what to expect as standard development conditions and design recommendations. The comments received are based on a preliminary review been ci culaeld the information site plan by the Departments and Agencies which have (not all agencies/departments have been contacted--only those who have been determined to have primary interest. 1. a. Does the application (or can the development) meet requirements to be placed on the Public Hearing Agenda? ® YES ❑ NO b. If no, what is lacking? C. Public Hearing Schedule: Hearings lbe aor licationis complete. xn Items will be scheduled upon determination that first available public hearing. scheduled for the 2. After a preliminary review of the application what "Conditions of Approval" would be required of the development? (Attach conditions if necessary) DOC. 29 a SPOKANE REGIONAL HEALTH DISTRICT CONDITIONS a. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. b Water service shall be coordinated through the Director of Utilities, Spokane County. C. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. d. A public sewer system will be made available for the project. e. Use of private wells and water systems is prohibited. Landuse /conditions/pa SPOKANE REGIONAL HEALTH DISTRICT RECEIVE.' _ ENVIRONMENTAL HEALTH DIVISION SPOKANE COU'~' 'ter INTEROFFICE MEMO MAR DATE: March 6, 2000 CURRENT PLANNING c►vis" J TO: Ronald Hand, Associate Planner, Spokane County Division of Current Planning FROM: Donald T. Lynch EHS II - EHD, SRHD ' SUBJECT: ZE-15813-79 (Pines Sewer Development) Connection to the Spokane County public sewer system and to Irvin Water District are required. We offer no additional comment. planning Itr%ze-158b-79 i ! M E M O R A N D U M DATE: December 30, 1999 TO: Ronald Hand, Pla5mig FROM: Katherine M ler, f' and VYr Darrell, P E Stormwater Utility R E: Change of Conditions to ZE-15 8A-79 CC: Please inform the applicant that during the building permit process the development will need to conform to both current Road Standards and Guidelines for Stormwater Management. We have no object to this change of condition as long as drainage issues can be handled according to current regulations/requirements. K 1Stcrm\Kathenne\0ESIGN1ze1 58a79 doc DOC. 28 DEC-22-99 10:59AM FROM-SCAPCA T-485 P 03/04 F-578 . 0 SPOKANE COUNTY CL "AR•M R AIR POLLUTION s o K~ N E D CONTROL AUTHORITY WEST 1101 COLLEGE, SUITE 403 • SPOKANE. WA 99201 • (509) 477.4727 Fa: ;S09) 477.6828 Date: 4? - - 9 9 To: ❑ Mr. Jeff Forry a Ms. Francine Shaw Spokane County Division of Buildings & Planning 1026 W. Broadway Ave. Spokane, WA 99260 From: Mr. Charles E. Studer Re: SCAPCA REQUIREMENTS FOR: File No. Z E - / S-o'A - 9_ Proponent/Project Name: ❑ (Request for Comments on ❑ (Comments on Hearings Examiner Public Meeting on ❑ Comments on Determination of Nons' "ficance Issued on Arann- on ja 3a 9g j~ The Spokane County Air Pollution Control Aumority (SCAPCA) was formed under the authority of the 1967 Clean Air Act of Washington (RCM. That Act required counties, like Spokane County, to activate local air pollution control agencies- To meet the requirements of that Act, SCAPCA adopted regulations to control the emissions of air contaminants from sources within Spokane County. Potions of Spokane County fail to meet federal health standards for particulate emissions (dust and smoke) and cannon monoxide. Numerous strategies have been implemented to reduce air pollution emissions so that we can Improve air quality and meet health standards Following is a list of concerns/slues that, at a minimum, need to be addressed for proposed projects. Additional comments may result after more detailed information of the project is supplied. SCAPCA encourages proponents to contact their offices at 1101 West College, Spokane, WA 99201 for additional information The following conditions are relevant to proposed project. • Harvesting of timber creates si(vicultural debris- Consistent with State policies and regulations, altematives to burning should be examined. The preferred alternate disposal methods in the following order are; slash production minimization, slash utilization, non-burning disposal and silvicultural burning. If burning is the only reasonable disposal method then it must be done in accordance with all applicable regulations, and conducted in a manner that minimizes smoke related nuisances and air pollution impacts. • Washington State Regulation 173-400-110 requires that a Notice of Construction and Application for Approval be submitted to and approved by our Agency prior to the construction, installation or establishment.of an air pollution source. It is possible that the following air pollution sources may be present at the proposed facility: One or more fossil fuel (natural gas, propane, butane, diesel, fuel oil, or waste oil) or wood burning heat sources. Natural gas/propane/butane burning boilers, heating units, or hot S ~fi.amdFisOfte~3~S~G10~XL COMMENTS aac D O C. 25 t Hand, Ron From: Hemmings, Bill Sent: Friday, January 07, 2000 8:03 AM To: Hand, Ron Cc: EEngPelhard, Scott, Kimball, Sandy, Sims, Brenda, Miller, Katherine, Darrell, Virginia, Davis, Tom Subject: ,P5-158A-79 - Mischelle Fulgham Z~ 1-7-99 1 have no comment on this proposal at this point in time Eiw'e~a~rsusg~, Page 1 DOC. 31 SPOKANE REGIONAL HEALTH DISTRICT ENVIRONMENTAL HEALTH DIVISION INTEROFFICE MEMO DATE: January 7, 2000 TO: Ron Hand, Associate Planner, Spokane County Division of Current Planning FROM: Donald T. Lynch EHS II - EHD, SRHD SUBJECT: Change of Conditions for ZE-158A-79, AIE-158A-79,-PE-44&4-7-9 Connection to public water and public sewer will be required for this project. planning Itrize-158a-79 DOC. 32 01/12/00 WED 09:06 FAX 509 892 4125 SPOKANE VALLEY FIRE PT 4-r4 PLANNING 0 006 SPOKANE VALLEY FIRE DEPARTMENT SpokQne County Fire District 1 10319 EAST SPRAGUE AVE. • SPOKANE, WA 99',206.3676 (509) 92&1700 • FAX(5M)8924125 R. Pat Humphries Chief January 12, 2000 Ron Hand Department of Building & Planning 1026 W. Broadway Spokane, WA 99260 RE: Change of Conditions PE-158A-79 Dear Mr, Hand: The Spokane Valley Fire Department has no requirements of this change of conditions. We will have requirements at building permit/ pre-construction time. Sincer ly, evi Miller Fire Inspector KM/dc ,.Feb. 2. 2000 1:44PM RIVEPBLUFF DEVELOPMENT No 0430 P. 2 To: RON HAND (Building & Planning) CC: From: _ JIM RED (Uttlitles) Date: 01/26/2000 Subject: ZE-01 SSA-79 Stage: Revised PreRminar Phase: 3001 N Pines Change of Condition se09 A wet (live) sewer connection to the area-wide Public Sewer-System is to be constructed. Sewer connection permit is required. Commercial developrnents'shell submit` historical and of estimated water usag'e'prior to the [ssuance o~ the connection permit In orderto establish sewer fees. ss12a Applicant shall submit expressly to Spokane County Division of Utilities "under separate cover", only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and or estimated water usage as part of the sewer plan submittal. A 30' public sewer easement to extend from the east end of Fredrick to the point of connection to the sanitary sewer system is required. Please contact Mark Stltz of this office concerning this requirement. ss12f Sower plans acceptable to the Division of Utilities shall be submitted prior to the Issuance of the sewer construction permit. as15a Arrangements for payment of applicable sewer charges must be made prior to Issuance of sewer connection permit. Sewer charges may include special connection charges and general facilities charges. Charges may be substantial depending upon the nature of the development. ws01 Any water service for this project shall be provided In accordance with the Coordinated Water System Plan for Spokane County, as amended. SPOKANE COUNTY U7RnIEg 1026 W, BROADWAY SPOKANE. WASHINGTON 99260-0430 FS 01'0 0 . P8M[T[p z~Os4ss u. s. INABERHOOD 21 LLC 4425 W LOOKOUT MOUNTAIN LN STE A SPOKANE WA 99209 - ` N SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-970) Section 11 10 230 (3) Mitigated Determination ofNonsignificance (MDNS) MITIGATED DETERMINATION OF NONSIGNIFICANCE "MDNS" FILE NO(S): ZE-158B-79 DESCRIPTION OF PROPOSAL Change of Conditions for a previously approved zone change (7E-158A-79) that had restricted development to Condominium purposes only to permit a church and those uses allowed in the Urban Residential-22 (UR-22) zone PUBLIC HEARING SCHEDULED FOR: March 29, 2000 na, 9 00 A M PROPONENT Foursquare Gospel Church c/o Toni Hamilton, Pines Sewer Development, Inc, P 0 Box 14686, Spokane, WA 99214-0686 LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS, IF ANY Generally located along the west side of State Route Into 27 (Pines Road), approximately 160 feet north of Grace Avenue, in the NE A of Section 9, Twp 25N, Range 44 E W M Site Address 3001 north Pines Road, Spokane, WA LEAD AGENCY SPOKANE COUNTY The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment if mitigated as stipulated below An Environmental Impact Statement (EIS) is not required under RCW 43 21 C 030(2)(c) This decision was made after review of a completed environmental checkltst and other information on file with the lead agency This information is available to the public on request ( ) There is no comment period for this M DNS, pursuant to WAC 197-11-340 (1) (X) This MDNS 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 MDNS must be submitted no later than 4 00 p m, MarcM, 2000, if they are intended to alter the MDNS 7.1 MITIGATING MEASURES- 1 The applicant shall provide a contribution of $6,600 towards, a future signal at the Pines Road and Euclid Avenue intersection provided work on this signal commences within five years from the approval of the requested change of conditions Acceptable surety to guarantee this payment shall also be provided to the Washington State Department of Transportation prior to the release of a general building permit for this site I acknowledge the above mitigating measures to be modifications and s.djustments to the above described proposal and warrant that 1 will not opp se, ob ect to or contest these measures in fuu;e Thomas D. hamilton 2/29/00 Ph /Typed Name Date Signature Responsible Official Ronald W Hand Position/'title: Associate Planner Phone: (509) 477-7200 Address: West 1026 Broadway, Spokane, WA 99260 Comments regarding environmental concerns are welcome at the hearing Date Issued: March 10, 2000 Signature zz~ APPEAL OF THIS DETERMINATION, after it becomes final, may be made to the Spokane County Division of Current Planning, West 1026 Broadway, Spokane, WA 99260 The appeal deadline is the same as the above proposal appeal deadline, being ten (10) calendar days after the signing of the Decision This appeal must be written and make specific factual objections Contact the Division of Current Planning for assistance with the specifics of a SEPA appeal A copy of the MDNS was mailed to 1 WA State Department of Ecology SEPA Review, Olympia, 98504 2 Spokane County Division of Engineering, Scott Engelhard 3 Spokane County Division of Utilities, Jim Red 4 Spokane County Stormwater Utility, Brenda Sims 5 Spokane County Division of Building and Code Enforcement. Tom Davis 6 Spokane Regional I lealth District, Steve Holderby 7 Spokane County Air Pollution Control Authority 8 WA State Boundary Review Board. Susan Winchell 9 Spokane County Fire Protection District Into 1 10 Spokane Regional Transportation Council, Glenn Miles i 1 Spokane Transit Authority, Christine Fueston i'i; 12 vN'A State Deparin.cn, url 1 % Tl'.L1s;Ji:iiii~J11, vnCb ^ 'i- 13 School district. East Valley #361 14 Irvin water district #6 msrR, MDNS REV 12/90 03/` 7/00 TUE 14:28 FAX 509 747 2323 LLTKINS & ANNIS 16 002 NO. NCR SPAKANE (WAC 197-I 1970) SeCtlon 11-14= (1) Mltiaiatod Determination of NnrodplFwApee (MONS) >rIMCIATLD OL"MRMiNATrON OR?4OpMGWrCANCa „ M-DNSj. FILE NO(S): MIS&B-79 DZS=PTION OF PROPOSAL: Menge of Condhiotte AW o pre (aUl r approved ttono ahttttge (MIS1M_ 79) Ihn bed restricted 4evolopmcm to Condombtlum punme= only (UR-12i tone. to DenNt a ehutcft and those UM allowca !n rho Urban Reaidcodet-22 PUDLrC HEARING 8C1;8DTj= FORa PROPONEW: Foumquare Gospel Chulth do Tom H4toiltm,, Pinta Scwer Devalopmom, lna, P.M Sox 14694 Spokane. WA 94214-0686. LOCA77ON OP PAaPOCwl. INel.uo (NC J MMIT A9D1t19BS, M ANY., Genarglbr loo"M along the weer aide or Stato Route No. 27 (Pines Raed), approWAmly 160 ft north cranes Avenue, In the N614 of Section 9. Two. 33N. Range 44 P-W.M. Slto Address: 3001 north P1net Road, Spolmne, WA • N - VOXANTS COUNTY we egeno ror thld proposal has datermined that It dow not have o probablo id Itleant advarso 1 an the environment ifmGlAgalt;d as stipulated below. An Environmental Import Statement (PUS) is~ required under RCW 43.21 C.030(2Xc). "is decision ms made after review of is completed onvlmnmenmi ebooklist and otter inforrnatIon an file with the lea nrncy. This Information Is available to the public on request: I%crc Is no comment pQ1od ibr this MDNS; putsttcnt to WAC 197-11.340 (I} (X) This MDNS Is Inued tlntior WAC 197-11440 (Zk the loud #Scnq tvul not aeI on able proposal rbr at levt 15 days Irem rho date Irsuetl (boloW~ t.ommcu regWIng This MDNS trim bar tabmiued no later than 4;00 pin, gt 1g1>`a83000. it they am Intandaadd to alter the MDNN33.. MMOATM-C Ml¢wsuRRS~ a V10 1. no opplleant shall Provide a conaibutlon of S6.600 toweeds a hture olpal dr the Plnas Roan sad Euclid Avenue intmeadon peovfdod work on this aWW onmmcoces within live yenta from mo epprml of the regtnaicd dtange orconditions. Aeaeplaibte etaety to gmu nem this pWmact shall also be ptoridad to the W~rln2ton State Department oPTreesp rodoa prior to the rdease ore general balldinS pcrmit for thia dm 1 acknowledge the above mftiaZatlna m aoures to be modiftculons and r4jusunents to Me above dmriti d proposal end wteent mtn I will not o ob to at owwn these measures in d.3 fan-& Data 29/00 ed Nerrme~_ a D. Ha=ut= •i•••••o.•••e••9.• fl•t••.1••~~••••~••i•.••••1•i.•00664 688880.0 IRe po"Ifbio dr(letel Ronald W. Hand Poslttooffitlo: Ampolete Plannor Pbonol ($09) 477.7200 Addrae: West 1016 Oreadwto Spakan4 WA 99260 Comments regarding o tviron ntral voncow ate %vplo meat the httarin¢. Date rttued: h Il 61pn ••t.•e1♦ r ••04.6 • 110 • 4 6 r • 6 46 A66 40aa ArPEAL OF TfUS DC'MRMTNATTON. offer h beoomoo flea, mey be rondo to the Spokane County Division ofCanont Planning, West 1026 BroadnvlIlIyy, Spoltnno. WA 99260. Tha appcel deadline is the same as the above rmnwsal ey+l I deaditna bdn ran (10) eslendar dais nlla rise slarsmg ortho 17eoWon. This a~ must be wrliton end Mike q=190 faantal objeetiint Contact the 01vi ten of Current Plmming fW asalomnco vvhh•tbvqutAes of a 3t;PA~p ••.•....••r.•••...•....••••r..•..•.•.•••••.•ai•••••••~••31'•i♦• A copy of (be MDN6 War mailed to: I. WA. ginva oepamment of P=togy SSPA Review, Olympia. 98,i04 t spa me county Division of Pnralnecting. Soau duabdw 3. 6pawe County Divislon of Utilities. Jim Rod 4. ~mohano County Stormwnmr Udlittyy, t3nmde Sims 5. Spokane County Division of Bultding and Code Lnrbreement. Tear Davis 6. Spokane Regional Realtit Digtdc% Steve Heidorby 7. Spokane County Air Pollution Control AuthoNly 6. WA State Dounea./ Review 9eetb, Susan Winchall 9. Spokane County Pire Promcdon DiaWctNo. I 10. Spokane Regional Transportmion Ccunell, etemn Mltoa It. Spokane Tranelt Authort- ChtWne Fuoston 12. WA fintt Department orThineporoulon, Giro Pig; 13. School district: Last valley 1361 14. Irvin watar dianct d6 M9'tT~ MQN9 RM I3+Da @3117/00 TUE 14:25 FAX 548 747 2323 LUKINS & NIS ~001 I.p~. NO. CONFIDENTIAL L,UINS ANNIE P, PEED 1600 'a hingto Trust P n vial Center • 717 W SPTague Ave, - Spokane, 'A 99201 65 FAX NUN MM' (509) 747-2323 IF THERE A1FE'PROBL.EMS WITS THIS T AMSMIS ION, PLEASE CALL (509) 455-9555 ADDRESSEE Mr. Ron Hand Fax No. 509 477-2243 kar~e noun Plain Telephone FROM Mischelie R. ~"uT am Datu March 7 2000 Pages (Including Cover Sheet) 2 Client No 22395.002 Return to Ne Ext_ AIES AGE: Sent By %LMO1-Ah"EI%VOLZ]51)OCVTAWDOI-M ?-EA)~ULTON,DCC 3njW THIS FAX CONTAINS LV 'IE)E 11 IAL, PPJif ILErjP-L 11'Yf 4.rRMA J ION INTEND O LY FOR THE ADDl\ESSEF,'. DO NOT READ? COPY, OR DISSEMINATE IT UNLESS YOU ARE TjjE ADDRESSEE. IF YOU HAVE RECEIVED THIS COMMLTNICATION EIS ERROR, PLEASE CALL US (COLLECT) AT (509) 455-9555 AND MAIL THE O GINAL SSArjE vIA X1.S. POSTAL SERVICE TO US AT THE ABOVE ADDMSS. SPOKANE . Comm d'ALe . o s LAU - 03/01/00 NED 12:19 FAX 509 747 2323 LUXINS & ANTtIS _ 0 002 8ZOKApI'lB RNVTROkRONTAL OMMANCIi; (WAG 197.11-970) Section 11. 10.230 (3) Mitigated Determination of Nonsignifteanee (NMNS) MITIGATED DSTL'RDONATION OF NONSIONWIC,ANCE "MDN6't PME NO(S)_ ZE-1389-79 DESC•RSTION OF PROPOSAL: Change of Conditions fbr a previously approved zone change (28-1 SEA,-70) Ow had rvstrlote:d development to Cottdotnlnlurn purposes only to permit it church and those uses allowed in the Urban Realdantlal-22 (Utt- 2) zone, PUBLIC HEARING 9CHEDULBD FORS Ma eh 29, 2000 c. 9:00 A.M. PROPONENT: Foursquare Gospel Church c/o Tom Hamilton, Pinas Sower Development, Inc- P,O- Box 14686, Spokane. WA 99214-06116. LOCATION OF PROPOSAL. INCLUDING STREET ADDRILSS, IF ANY: Generally loosted along the wait cidc of Stare Route No. 27 (fines Road), npproximncely 160 that north or Grocc Avenue, in theWE'A of Section 9. TWp. 23N, Range 44 R.W.M. Site Address: 3001 north Pineea Read, Spokane, WA ILRAIP GENCY: SPOKANE COUNTY The ea agency r this proposal has detarrnlmd that it does not have it probable sl incent adverse impact on the anvironment If midaused as asipulatcd bclo%v, An Environmental lrppact Statsntent-WS is not required under RCW 43.21C.030(2)(c), is decision was shade after review of a completed envlranmontsl chac*Tt-st and other Information on file with the lead agency. This infbrmadon is available to the public on request ( ) There is no comment period for this 1tiIDNS; pursuant to WAC 197.11-340 (1)- (X) This MDWS is issued under WAC 197-11-540 (2)' the load agency will not act on this ro porasl for at leasr IS days ftpm the date issued Fbelow), C; ommernts~ rar dins this MOWS must be submitted no Pater than 4:00 p.m., March 20 It they are intended to alter the MDNS, 1_rt_r_T_ iQATIr1G >*MAsURRS: M-+- VO :rc signal 1. The applit:ant shall provide s contribution 0t'96 60towards a fbR at the Pleas Road and Euclid Avenue Tnrersoctton provided work on this slil7Q cornmcnets within five years from the approvaa of the requested change of conditions. Acccptablo surety to guarentoc this payment shall also be provided to the Washingtan State Department of Transportation prior to the release eta general building permit far this aim. 1 acknowledge the above mitigating meazuraa to be modifications and u4justments to the above described proposal and warrant that i will not opp c. 0b, t w or conteat these measures in d.-. futu.n- Date: 2/29/00 pod Name: minas D- 73att►il = Signature- - Responsible Official Ronald W. Hand PosMon/Titlo: Assoetate Planner Phone: (509) 477-7200 Address: West 1026 Broad-uy, Spokane, WA 99260 Comments regarding environmental concerns are Welcome at tho hearing. Dote Issued: March 1. X00 Signature APPEAL OF THIS DI.TETtMINATION aftar it becomes final, may be made to the Spokane County Division of Current Plunning. Welt 1026 Breadwgqyy, S kanc, WA 99260, The nppea) doodllne is the same as tho above proposal apps deadline, being tcn (10) calendar;7vs alter the signing of the Dcclslon. This appeal must be written and malco apoelfle Matual objections. Contact the Divt9ion of CurmnT inning for assistance with the egeolfics of a SEPA appeal. A copy of the MDNS was mailed to. 1. WA. State Department of Ecolo;Y SBPA Review. Olympia, 9A504 2. Spokane County Division of Pngginccring, Seen Engelhard 3- Spokane County Division ofUtilitie3. Jim Red 4 Spokane County Stormwvteer Utility, Brenda Silas S. Spokane County Division of Building and Code Enforeenlenl, Tom Davis 6. Spokane Regional Hcalth District, Steve Holdorby 7. Spokane County Air Pollution Control Authority 8_ WA Stele Boundary Rcvicw Board, Susan Wlnehell 9. Spokane County Fire Proteation District No. 10. Spolenno Regional TransPortatiotl Council. Glenn Mike 11. Spokane Transit Authontyx, Christine Fueston 12• WA State Deparrmcnh ufTean orcntion, Ciog Pigg 13. School district: Gast Valley 8361 14. Irvin water district 06 11~ tot w 03/01/00 WED 11:32 [Tx/RX NO 5518) 03/01/00 WED 12:18 FAX 509 747 2323 LUKINS & ANNIS 0 001 I LD. NO. CONFIDENTIAL ~RI'VILEGED LUKINS & ANNIS, P.S. 1600 Washington Tm9 Financial Center - 717 W Sprague Ave. - Spokane, WA 99201-0466 FAX NUMBER: (509) 747-2323 IF THERE ARE PROBLEMS WITS THIS TRANSMISSION, PLEASE CALL: (509) 455-9555 ADDRESSEE • rp N.: Fax No_ 477-2243 Spokane Coup Building and Planning Telephone 477-7207 FROM Darcey F. Snow Date _March la 2000 Pages (Including Cover Sheet) 2 Client No. 22398-002 Return to Darce Snow 554 Name Ext. MESSAGE: Attached is Mischelle's oka re ardin the date change. Please let us know if there is an hin else. Sent By Darcey Snow THIS FAX CONTAINS CONFIDENTIAL, PRIVILEGED INFORMATION INTENDED ONLY FOR THE ADDRESSED. DO NOT READ, COPY, OR DISSEMINATE IT UNLESS YOU ARE THE ADDRESSEE. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE CALL US (COLLECT) AT (509) 455-9555 AND MAIL THE ORIGINAL MESSAGE VIA U.S POSTAL SERVICE TO US AT THE ABOVE ADDRESS. SPOKANE • CoEUR d'ALENE . MOSES LAKE a i r, S P O K A N E fl' C O U N T X PLANNING A DMSION OF THE PUBLIC WORKS DEPARTMENT Gary Oberg, Director MEMORANDUM TO. Spokane County Division of Engineering; Scott Engelhard, c/o Sandy Kimball Development Engineering Services; Bill Hemmings Spokane County Division of Utilities; Jim Red Spokane County Stormwater Utility; Brenda Sims Spokane Regional Health District, Steve Holderby Spokane County Division of Building & Code Enforcement; Tom Davis Fire District No. 1 Irvin Water District #6 WA. State Department of Ecology, SEPA review, Olympia, 98504 Spokane County Air Pollution Control Authority WA State Boundary Review Board, Susan Winchell Spokane Transit Authority, Christine Fueston WA State Department of Transportation, Greg Figg East Valley School District #361 Spokane Regional Transportation Council, Glenn Miles FROM. Ronald Hand, Associate Planner DATE: March 1, 2000 SUBJECT: Review and comments for the hearing of ZE-1586-79 at 9 00 A.M., March 29, 2000 FILE ZE-158B-79 DESCRIPTION: Change of Conditons for a previously approved Zone Reclassification. STR- NE'/4 of Section 9, Twp. 25N, Range 44 E.W.M. Spokane County, Washington APPLICANT: Foursquare Gospel Church c/o Tom Hamilton, Pines Sewer Development, Inc., P.O. Box 14686, Spokane, WA 99214-0686 Note that the application and maps were previously circulated to your agency. Please review and return any comments to me by March 15, 2000. Attachments: Notice of Public Hearing 1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0220 PHONE (509) 477-7200 • FAX (509) 477-2243 9 TDD (509) 477-7133 NOTICE OF PUBLIC HEARING SPOKANE COUNTY HEARING EXAMINER TO: All interested persons, and owners/taxpayers within 400 feet YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE LAND USE APPLICATION LISTED BELOW, AS FOLLOWS: Application: File No. ZE-158B-79; Change of Conditions for a previously approved zone change limiting the site to condominium development Hearing Date and Time: March 29, 2000 @ 9:00 a.m. Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026 West Broadway, Spokane, Washington. Owner: Pines Sewer Development Inc. c/o Tom Hamilton, PO Box 14686; Spokane, WA 99214-0686 Applicant: Mischelle Fulgham; 717 W. Sprague, Ste. 1600; Spokane, WA 99201; 509/455-9555 Address and Location: Generally located 160 feet west of Grace and South of Mirabeau at 3001 N. Pines Comprehensive Plan: Urban Zoning Designation: Urban Residential-22 (UR-22) Environmental Determination: A Mitigated Determination of Nonsignifcance (MDNS) was issued by the County Division of Current Planning, as the lead agency on March 13, 2000. The comment period ends March 27, 2000. Related Permits: A DNS for a building permit was issued on November 7, 1999. Division of Current Planning Staff: Ron Hand, Associate Planner, (509) 477-7200 HEARING EXAMINER PROCEDURES Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted in Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and may submit written comments and documents before or at the hearing. The Hearing Examiner may limit the time given to speakers. A speaker representing each side of the issue is encouraged. Any appeal of the Hearing Examiner's decision will be based on the record established before the Hearing Examiner, pursuant to County Resolution Nos. 96-0171. Environmental appeals will follow the same procedural route as the underlying action. All hearings will be conducted in facilities which are accessible to persons with physical disabilities. Inspection of File, 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 Division of Planning, 151 Floor Permit Center, Public Works Building, 1026 W. Broadway, Spokane, WA 99260-0220, between 8 a.m. and 4 p.m., weekdays, M-F, except holidays Copies of documents will be made available for the cost of reproduction. If you have any questions or special needs, please call the Division at (509) 477-7200. Send written comments to the Spokane County Division of Planning, 1026 W. Broadway, Spokane, WA 99260, Attn: Ron Hand, ZE-158B-79. Motions must be made in N`Titing and submitted to the Spokane County Hearing Examiner, 3~d Floor, Public Works Building, 1026 W. Broadway, Spokane, WA 99260-0245. w S P O K A 1~ i ~b C O U N T l' CURRENT PLANNING A DIVISION OF THE PUBLIC WORKS DEPARTMENT Gary Obers, Director February 24, 2000 Mischelle Fulgham Lukins & Annis, PS 717 W. Sprague Ave. Suite 1600 Spokane, WA 99201-0466 SUBJECT: Signature for MDNS Dear Ms Fulgham Per our telephone conversation of February 24, 2000 please find enclosed the Mitigated Determination of Nonsignificance for your signature. I will mail the determination out no later than March 13, 2000 so that it will have the appropriate comment time. Please sign and mail the MDNS back to me as soon as convenient so that I will have the document well before the deadline mailing date. Sincerely, N-4 Ronald Hand Associate Planner Spokane County Division of Current Planning rwh enc. -Z LV -(M Z.4EP' 2 1026 W. UROADWAY • SI'OKANE, WASHINGION 99260-0220 PHONE (509) 577-7200 • FAX (509) 477-2243 • TDD (509) 477-7133 SPOKANE ENVIRONMENTAL ORDINANCE. (WAC 197-11-970) Section 11 10 230 (3) Mitigated Determination of Nonsignificance (MDNS) MITIGATED DETERMINATION OF NONSIGNIFICANCE "MDNS" TILE NO(S): ZE-15813-79 DESCRIPTION OF PROPOSAL Change of Conditions for a previously approved zone change (Z1-158A-79) that had restricted development to Condominium purposes only to permit a church and those uses allowed in the Urban Residential-22 (UR-22) zone PUBLIC HEARING SCHEDULED FOR: March 29 2000 n, 9 00 A M. PROPONENT Foursquare Gospel Church c/o Tom I lamilton, Pines Sewer Development, tile, P O Box 14686, Spokane, WA 09214-0686 LOCATION OF PROPOSAL, INCLUDING S'T'REET ADDRESS, IF ANY- Generally located along the west side of State Route No 27 (fines Road), approximately 160 feet notth of Grace Avenue, in the NE IA of Section 9, Twp 25N, Range 44 E W M Site Address 3001 north Pines Road, Spokane, WA LEAD AGENCY SPOKANE COUNTY The lead agency for this proposal has deteimnled that it does not have a probable significant adverse impact on the environment if mitigated as stipulated below An Environmental Impact Statement (EIS) is not required under RCW 43 21 C O30(2)(c) This decision was made after review of a completed environmental checklist and other information on file with the lead agency This information is available to the public on request ( ) There is no comment period for this MDNS, pursuant to WAC 197-1 1-340 (1) ( This MDNS 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 MDNS inust be submitted no later than 4 00 p m , March 28, 2000, if they are intended to alter the MDNS MITIGATING MEASI_IRES I The applicant shall provide a contribution of $6,600 towards a future signal at the Pines Road and Euclid Avenue Intersection provided woik on this signal commences within live years from the approval ofthe requested change of conditions Acceptable surety to guarantee this payment shall also be provided to the Washington State Department of "Transportation prior to the release of a general building permit for this site. 1 acknowledge the above mitigating measures to be modifications and adjustments to the above described proposal and warrant that I will not oppose, object to or contest these measures in the future Date Printed/Typed Name Signature Responsible Official Ronald W Hand Position/Title: Associate Planner Phone: (509) 477-7200 Address: West 1026 Broadway, Spokane, WA 99260 Comments regarding environmental concerns are welcome at the hearing Date Issued: March 13, 2000 Signature APPEAL OF TiIIS DETERMINATION, after it becomes final, may be made to the Spokane County Division of Current Planning, West 1026 Broadway, Spokane, WA 99260. The appeal deadline is the same as the above proposal appeal deadline, being ten (10) calendar days alter the signing of the Decision l his appeal must be written and make specilic l'actual object toils Contact the Division o1'Curient Planning for assistance with the specifics ofa SEPA appeal A copy of the MDNS was mailed to I WA State Department of Ecology SE11A Review, Olympia, 98504 2 Spokane County Division of Engineering, Scott l"ngelhard 3. Spokane County Division of Utilities, Jim Red 4 Spokane County Storillwater Utility, Brenda Snl4 5 Spokane County Division of Building and Code Enforcement, Tom Davis 6 Spokane Regional I lealth District, Steve 1 lolderby 7 Spokane County Air Pollution Conhot Authority 8 WA State Boundary Review Board, Susan Winchell 9. Spokane County Fire Protection District No 1 10 Spokane Regional'I'uansporuition Council, Glenn Miles I I Spokane Ttansit Authority, Chu istinc Fueston 12 \VA State Depai tment of Traw poriahon, Greg Figg 13 School dish let Last Valley 4361 14 Irvin water district #6 NIS I It, NII)NS RIN 12/90 L U K I N S & ANNIS, P.S. ATTORNEYS AT LAW 1600 WA.SMNGTON TRusT RNANc1AL CENTER - 717 W SPRAGUE AVE - SPOKANF, WA 99201-4466 PHONE (509) 455-9555 - FAx (509) 747-2323 Mischlelle R Fulgham Admitted In Idaho and Washington Attorney Email address. MFulghaln@Lukuis.com Direct Fax (509) 363-2478 February 8, 2000 RECEIVED SPOKANE COUNTY VIA HAND DELIVERY F E 6 0 8 2000 Mr Terri Millspaugh Spokane County Building and Planning ~ C-LqUIF-W PLANNING DMSION 1026 W. Broadway Spokane, WA 99260-0050 Re Four Squares Valley Church Dear Terri: Pursuant to Notice of Application Instructions, please find enclosed the following. 1. Stamped envelopes addressed to each property owner and taxpayer on the list provided by the Title Company; 2 Assessor's maps; 3 Title Company address list, and 4. Title Company Certification. Please call me if you have any questions. Very truly yours, LL F. MRF.dfs Enclosures cc Client JSB \\SPOKANEI\VOL2\15DOC\LDFS0M3-MRF DOC SPOKANE - COEUR d'ALENE - MOSES LAKE RECEIVED FILE NO. ZE-158A-79 SPOKANE COUNTY FEB 0 8 2000 TITLE COMPANY CERTIFICATION AN PLANNING Dl!/iSl®P~ APPLICANT CERTIFICATION CURREW TITLE COMPANY CERTIFICATION I do hereby certify that the following list of names and addresses, consisting of the attached pages, has been prepared from the Spokane County Assessor's or Treasurer's most current computer records, is to the best of my knowledge correct, and is current within thirty (30) days of the January 12, 2000 hearing date. I also certify I have provided loan numbers, if possible, when the owner is listed as a finance company. r ~ C Signed by: " Date: 47L For: A/'14 ffiAzj (--/I je~2 ~ (Title Company) APPLICANT CERTIFICATION I, the applicant or agent for the applicant, have verified the attached ownership list with the attached Assessor's map(s) and find that all tax parcel numbers within 400 feet of the project site, including owned or optioned land as shown on the Assessor's map(s) have been listed by the Title Company. Also, I certify that all property immediately adjacent to the proposal location (including any property immediately across a street or road from the proposal and such property as may be owned or optioned by the owner/applicant and/or his/her agent) has been mailed CERTIFIED. PRINTED NAME: M\ mel1r, ~am Date: 2 0c) Signed by: a~~ ZONE CHANGE ruesday, February 08, 2000 Parcel Taxpayer Info. Owner Info. Site Address 45033.9040 IVORY INVESTMENTS B & A INVESTMENTS PO BOX 141449 PO BOX 141449 0 ADDRESS UNKNOWN SPOKANE WA 992141449 SPOKANE WA 992141449 Legal 03 25 44 UNPLATTED PTN OF SW1/4 OF SW1/4 S OF NP RY CO R/W EXC BEG SW COR SEC 3 TH N ALG WL OF SEC SD LN ALSO BEING C/L 0 F PINES RD 822.6FT TH N65DEG 46MIN E32.9FT MIL TO INTER OF E RNV LN PINES RD & SLY RAN LN NP RY SD PT BEING TRUE POB TH CONT N65DEG 46MIN E ALG SLY R/W LN OF SD NP RY 984.6FT TH N73DEG 20MIN E ALG SD NP RY 220.6FT TH AT R/A TO SD R/W S16DEG 40MIN E35OF T TH S73DEG 20MIN W350FT TH N16DEG 40MIN W292.6FT TH 665DEG 46MIN W867FT TO PT ON E R/W LN PINES RD TH N43.8FT M/L TO TRUE POB & EXC ANY PT WITHIN< BEG 620FT E OF SW COR TH E170FT TH N 155FT TH W170FT TH S155FT TO POB & EXC THAT PTN WITHIN FOL DESC P ARCEL< BEG AT PT ON W LN OF SEC 3 622.617 N OF SW COR TH N65DEG 46MIN E1017.5FT ALG SLY RNV LN OF NP RY TH N73DEG 20MIN E220.6F T ALG SD RNV TO TRUE POB TH CONT N73DEG 20MIN E ALG SD R/W 451.40 FT TH S49DEG 16MIN E169.93FT TH S69DEG 34MIN W544FT TH N16DEG 40 MIN W178.8FT TO TRUE POB AND EXC L5,6,7 BLK34 LOUISVILLE ADD. 45044.1126 CORONADO, YUL E & ROSE M CORONADO, YUL E & ROSE M 11928 E RAILROAD AVE 11928 E RAILROAD AVE 11928 E RAILROAD AVE SPOKANE WA 99206-4659 SPOKANE WA 99206-4659 Legal PINES WEST 1 ST ADD LT 26 131 45044.117 BEHAR, MICHAEL D & SHERRI M BEHAR, MICHAEL D & SHERRI M 12027 E RAILROAD CIR 12027 E RAILROAD CIR 12027 E RAILROAD CIR SPOKANE WA 99206-4666 SPOKANE WA 99206-4666 Legal PINES WEST 1 ST ADD LT 27 61 45044 11,28 SPO cOUNTY SPOKANE COUNTY 1116 W BROADWAY AVE 1116 W BROADWAY AVE 0 ADDRESS UNKNOWN SPOKANE WA 99260-0010 SPOKANE WA 99260-2052 Legal PINES WEST 1ST ADD LT 28 B1 (1 FT STRIP) 45044.1211 BEDARD, FRED W & SANDRA L BEDARD, FRED W & SANDRA L 12015 E RAILROAD CIR 12015 E RAILROAD CIR 12015 E RAILROAD CIR SPOKANE WA 99206-4666 SPOKANE WA 99206-4665 Legal PINES WEST 1 ST ADD L11 82 45044.1212 ALLERT, BRENT C & THERESA ALLERT, THERESA 12019 E RAILROAD CIR 12019 E RAILROAD CIR 12019 E RAILROAD CIR SPOKANE WA 99206-4666 SPOKANE WA 99206-4666 Legal PINES WEST 1ST ADD L12 B2 Page 1 of 1 Parcel Taxpayer Info. Owner Info. Site Address 45044 1213 MEALEY, G B & J MEALEY, G BRIAN 12003 E RAILROAD CIR 12023 E RAILROAD CIR 12023 E RAILROAD CIR SPOKANE WA 99206-4666 SPOKANE WA 99206-4666 Legal PINES WEST 1 ST ADD L13 B2 45044 1301 HUBER, D F& J A HUBER, D F& J A 12016 E RAILROAD CIR 12016 E RAILROAD CIR 12016 E RAILROAD CIR SPOKANE WA 99206-4666 SPOKANE WA 99206-4666 Leval PINES WEST 1 ST ADD LT 1 133 45044 1309 ALLEN, DELORES ALLEN, DELORES 12022 E RAILROAD CIR 12022 E RAILROAD CIR 12022 E RAILROAD AVE SPOKANE WA 99206-4666 SPOKANE WA 99206-4666 Legal PINES WEST 1ST ADD L9 B3 45044 9022 EAST VALLEY SCHOOL DIST EAST VALLEY SCHOOL DIST #361 12325 E GRACE AVE 3303 N PINES RD 3303 N PINES RD SPOKANE WA 99216-3716 SPOKANE WA 99206-4612 Legal 04 25 44 PT SE1/4 OF SE1/4,BEG 30FT W OF SE COR TH N TO PT 123 5FT S OF NP RR R/W TH W1 50F T TH N78 65FT TO SLY LN SD RR TH S73DEG 21 MIN W ALG SD RR 655 3F T THS TO S LN SEC TH E ALG S LN TO POB 45091 0101 KORN, JOHN P KORN, J P 12103 E FREDERICK AVE 12103 E FREDERICK AVE 0 ADDRESS UNKNOWN SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH E26 9FT L1 131 45091 0102 KORN, JOHN P KORN, J P 12103 E FREDERICK AVE 12103 E FREDERICK AVE 12103 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH W80FT L1 61 45091 0103 MISTEREK, W C MISTEREK, W C 12025 E FREDERICK AVE 12025 E FREDERICK AVE 12025 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH L2 131 45091 0104 SCHROEDER, MONTE SCHROEDER, MONTE PO BOX 14042 PO BOX 14042 12019 E FREDERICK AVE SPOKANE WA 99214-0042 SPOKANE WA 99214-0042 Legal MIRABEAU RANCH L3 131 45091 0105 MARTIN, LAWRENCE & KATHERINE MARTIN, LAWRENCE & KATHERINE 12011 E FREDERICK AVE 12011 E FREDERICK AVE 12011 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH L4 131 Page 2 of 9 Ptcrcel Taxpayer Info. 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Site Address 45091 0106 BROWN, JAMES T BROWN, JAMES T & JANA L 12005 E FREDERICK AVE 12005 E FREDERICK AVE 12005 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH L5 131 - 45091.0229 WADE, ROGER & ELIZABETH WADE, ROGER D & ELIZABETH R 12104 E FREDERICK AVE 12104 E FREDERICK AVE 12104 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 - Legal MIRABEAU-RANCH L1 62 _ - - - - - 45091 0230 SHULKIN, ELMER R SHULKIN, E R 12024 E FREDERICK AVE 12024 E FREDERICK AVE 12024 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH L2 132 45091.0231 WUNDERLICH, M WUNDERLICH, M 12018 E FREDERICK AVE 12018 E FREDERICK AVE 12018 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH L3 62 45091 0232 MASON, EARL N MASON, EARL N 12012 E FREDERICK AVE 12012 E FREDERICK AVE 12012 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH L4 B2--- 45091 0233 MELTON, LAVERN A & MARY MELTON, LAVERN A & MARY 12011 E FAIRVIEW AVE 12011 E FAIRVIEW AVE 12011 E FAIRVIEW AVE SPOKANE WA 99206-4622 SPOKANE WA 99206-4622 Legal MIRABEAU RANCH L5 B2 45091 0234 HOWARD LIVING TRUST HOWARD LIVING TRUST 12015 E FAIRVIEW AVE 12015 E FAIRVIEW AVE 0 ADDRESS UNKNOWN SPOKANE WA 99206 SPOKANE WA 99206 Legal MIRABEAU RANCH L6 B2 15091 0235 FINN, JOHN M FINN, JOHN M/WACHTER, ANNE K 12019 E FAIRVIEW AVE 12019 E FAIRVIEW AVE 0 ADDRESS UNKNOWN SPOKANE WA 99206 SPOKANE WA 99206 Legal MIRABEAU RANCH L7 B2 45091 0236 MYERS, JACK C SOHNS, RICHARD T & PAULA C 6413 E JOSEPH LN 5726 N THIERMAN RD 0 ADDRESS UNKNOWN SPOKANE WA 99217-9775 SPOKANE WA 99217-9305 Legal MIRABEAU RANCH L8 B2 Pad e 3 of 9 Parcel Taxpayer Info. Owner Info. Site Address 45091 0337 SPOKANE HOUSING AUTHORITY SPOKANE HOUSING AUTHORITY 55 W MISSION AVE 55 W MISSION AVE 11924 E FREDERICK AVE SPOKANE WA 99201-2319 SPOKANE WA 99201-2319 Legal MIRABEAU RANCH L1 B3 _ _ - - - - 45091 0355 BUSH, KENNETH BUSH, KENNETH 11923 E FAIRVIEW AVE 11923 E FAIRVIEW AVE 11923 E FAIRVIEW AVE SPOKANE WA 99206-2625 SPOKANE WA 99206-2625 Legal MIRABEAU RANCH L18 B3 45091 0619 LEONARD E COMBS COMBS, LEONARD E & ERIKA M 11924 E FAIRVIEW AVE 11924 E FAIRVIEW AVE 11924 E FAIRVIEW AVE SPOKANE WA 99206 SPOKANE WA 99206-2613 ^WLegaI MIRABEAU RANCH L1 B6 45091 0636 OEFRANCESCO,SHARON DEFRANCESCO,S 11923 E GRACE AVE 11923 E GRACE AVE 11923 E GRACE AVE SPOKANE WA 99206-2629 SPOKANE WA 99206-2629 Legal MIRABEAU RANCH L18 136 45091 0739 GLASS, STEVEN S & JAMI A GLASS, STEVEN S & JAMI A 12010 E FAIRVIEW AVE 12010 E FAIRVIEW AVE 0 ADDRESS UNKNOWN SPOKANE WA 99206-4622 SPOKANE WA 99206-4622 Legal MIRABEAU RANCH L3 137 15091 0740 GLASS, STEVEN S & JAMI A GLASS, STEVEN S & JAMI A 12010 E FAIRVIEW AVE 12010 E FAIRVIEW AVE 12010 E FAIRVIEW AVE SPOKANE WA 99206-4622 SPOKANE WA 99206-4622 Legal MIRABEAU RANCH L4 137 15091 0746 C H D INC CHD INC PO BOX 13717 PO BOX 13717 0 ADDRESS UNKNOWN SPOKANE WA 99213-3717 SPOKANE WA 99213-3717 Legal MIRABEAU RANCH PT L9 67 &L1TO5 B8 PTN LYG N OF LN DRN FR M PT 22 7FT S OF NWCOR L9 137 TO EL L1 138 AT PT 667 4FT S OF NECO R OF SEC 15091 0772 SCHROEDER, DOUGLAS & SHAUNA SCHROEDER, DOUGLAS AND SHAUNA 12009 E GRACE AVE 12009 E GRACE AVE 12009 E GRACE AVE SPOKANE WA 99206-4606 SPOKANE WA 99206-4606 Legal MIRABEAU RANCH ALL L5, W7FT L6 137 45091 0774 NICK, T E& L NICK, T E& L 12107 E GRACE AVE 12107 E GRACE AVE 12107 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Legal MIRABEAU RANCH E53FT OF L8< L9 B7 EXC E40FT & E XC PTN LYG N OF LN DRN FROM PT 22 7FT S OF NW COR L9 B7 TO E L OF L1 B8 AT PT 667 4FT S OF NE COR OF SEC Page 4 of 9 Parcel Taxpayer Info. Owner Info. Site Address 45091 0776 NGUYEN, HOANG H NGUYEN, HOANG H 5606 N NORTHWOOD DR 5606 N NORTHWOOD DR 12025 E GRACE AVE SPOKANE WA 99212-1677 SPOKANE WA 99212-1677 Legal'MIRABEAU RANCH L8 EXC E53FT & E63FT OF L7 B7_ 45091 0778 BUTLER, JIM J & CAREY A BUTLER, JIM J & CAREY A 12019 E GRACE AVE 12019 E GRACE AVE 12019 E GRACE AVE SPOKANE WA 99206-4606 SPOKANE WA 992064606 Legal MIRABEAU RANCH E79FT L6 & L7 EXC E63FT B7 45091 0779 VOLLAND, KAREN L VOLLAND, KAREN L 12024 E FAIRVIEW AVE 155 N LAKE AVE 12024 E FAIRVIEW AVE SPOKANE WA 99206-4622 PASADENA CA 91101-1857 Legal MIRABEAU RANCH LT 2 BLK 7 AND W8FT OF LT 1 BLK 7 45091 0780 KNOLL, KEITH W & CHERYL L KNOLL, KEITH W & CHERYL L 12104 E FAIRVIEW AVE 12104 E FAIRVIEW AVE 12104 E FAIRVIEW AVE SPOKANE WA 99206-4622 SPOKANE WA 992064622 Legal MIRABEAU RANCH LT 1 BLK 7 EXC W8FT 45091 0847 VAVRA, DEBBIE A VAVRA, DEBBIE A 12213 E GRACE AVE 12213 E GRACE AVE 12221 E GRACE AVE SPOKANE WA 99206-2610 SPOKANE WA 99206-2610 Legal MIRABEAU RANCH PT OF L1 B8 EXC PTN LYG N OF LN DRN FR M PT 22 7FT S OF NWCOR L9 B7 TO EL L1 B8 AT PT 667 4FT S OF NECO R OF SEC 45091 0852 VAVRA, DEBRA VAVRA, DEBRA A 12213 E GRACE AVE 1706 N CAVALIER RD 12213 E GRACE AVE SPOKANE WA 99206-2610 GREENACRES WA 99016-9467 Legal MIRABEAU RANCH L2< E10FT OF L3 88 EXC PTN LYG N OF LN DRN FROM PT 22 7FT S OF NW COR L9 B7 TO EL L1 BLK 8 AT P T 667 4FT S OF NE COR OF SEC 45091 0853 EQUICREDIT CORPORTATION OF WA FIRST BANK NATIONAL ASSOC PO BOX 53077 PO BOX 53077 12205 E GRACE AVE JACKSON FL 32256 JACKSONVILLE FL 32201 Legal MIRABEAU RANCH L3 EXC E10FT< E20FT OF L4 B8 EXC PTN LYG N OF LN DRN FROM PT 22 7FT S OF NW COR L9 B7 TO EL L 1 BLK 8 AT PT 667 4FT S PF NE COR OF SEC 45091.0856 RICHARDS, DAVID L & VIVIAN L RICHARDS, DAVID L & VIVIAN L 12123 E GRACE AVE 12123 E GRACE AVE 12123 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Legal MIRABEAU RANCH L4 EXC E20FT & E30FT OF L5 B8 EXC PTN L YG N OF FOL DESC LN< BEG AT PT ON W LN OF L9 B7 22 7FT SLY OF N W COR OF SD LOT & EXT TO PT ON E LN OF SEC 9-25-44 667 4FT SLY OF NE COR OF SD SEC< Page 5 of 9 Parcel Taxpayer Info. Owner Info. Site Address 45091 0857 LINDLEY, DAVID N LINDLEY, DAVID N 12117 E GRACE AVE 12117 E GRACE AVE 12117 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Legal MIRABEAU RANCH L5 68 EXC E30FT & E40FT OF L9 B7 EXC P TN LYG N OF LN DRN FROM PT 22 7FT S OF NW COR L9 67 TO E LN L1 138 AT PT6674FTSOF NE COROF SEC 45091 0952 PFEIFER LIVING TRUST PFEIFER ETUX, C J 12220 E GRACE AVE 12220 E GRACE AVE 12220 E GRACE AVE SPOKANE WA 99206-2610 SPOKANE WA 99206-2610 Legal MIRABEAU-RANCH L1 69 45091 0953 PAZER, KEN PAZER, KEN 8620 E BROADWAY AVE 8620 E BROADWAY AVE 12212 E GRACE AVE SPOKANE WA 99212-2714 SPOKANE WA 99212-2714 Legal MIRABEAU RANCH L2 B9 Y! J - _ - _ 4 _ 45091 0954 BILGAR, VASILE W BILGAR, VASILE W 12204 E GRACE AVE 12204 E GRACE AVE 12204 E GRACE AVE SPOKANE WA 99206-2610 SPOKANE WA 99206-2610 Legal MIRABEAU RANCH L3 139 45091 0955 BEACH, E A& J Y BEACH, E A& J Y 12124 E GRACE AVE 12124 E GRACE AVE 12124 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Legal MIRABEAU RANCH L4 69 45091 0956 HENDERSON JR, K L HENDERSON JR, K L 12116 E GRACE AVE 12116 E GRACE AVE 12116 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 - Legal MIRABEAU RANCH L5 B9 - - - __y 45091 0957 BENNETT, DEBORAH L BENNETT, DEBORAH L 12115 E BUCKEYE AVE 12115 E BUCKEYE AVE 12115 E BUCKEYE AVE SPOKANE WA 99206-2619 SPOKANE WA 99206-2619 Legal MIRABEAU RANCH L6 69 45091 0958 HEID, REBECCA HEID, R /BOYER,P & J/FUHER, A 11821 E FREDERICK AVE 11821 E FREDERICK AVE 12123 E BUCKEYE AVE SPOKANE WA 99206-4625 SPOKANE WA 99206-4625 Legal MIRABEAU RANCH L7 69 45091 0959 AAFEDT, R B& K L AAFEDT, R B& K L 12205 E BUCKEYE AVE 12205 E BUCKEYE AVE 12205 E BUCKEYE AVE SPOKANE WA 99206-2620 SPOKANE WA 99206-2620 Legal _MIRABEAU RANCH L8 69 - - - - J---~ - - - - Page 6of9 Parcel Taxpayer Info. Owner Info. Site Address 45091 0960 QUICK, MARK D & LORI L QUICK, M D & L L 12213 E BUCKEYE AVE 12213 E BUCKEYE AVE 12213 E BUCKEYE AVE SPOKANE WA 99206-2620 SPOKANE WA 99206-2620 Legal MIRABEAU RANCH L9 B9 45091 0961 PHAN, TUAN VAN & THI LE PHAN, TUAN VAN/LE, PHAN THI 12221 E BUCKEYE AVE 12221 E BUCKEYE AVE 12221 E BUCKEYE AVE SPOKANE WA 99206-2620 SPOKANE WA 99206-2620 Legal MIRABEAU RANCH L10 69 45091 1062 PORTER, JAMES D PORTER, JAMES D 12110 E GRACE AVE 12110 E GRACE AVE 12110 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Legal MIRABEAU RANCH L1 B10 45091 1063 BRENEMAN, DALE L & JACKIE M BRENEMAN ETAL, D 12104 E GRACE AVE 12104 E GRACE AVE 12104 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Legal MIRABEAU RANCH L2 B10 45091 1064 WILSON, WARREN C MILLER, JEFFREY & PAMELA S 12024 E GRACE AVE 12024 E GRACE AVE 12024 E GRACE AVE SPOKANE WA 99206-4606 SPOKANE WA 99206-4606 Legal MIRABEAU RANCH L3 610 45091 1065 LUND, JOSEPH J LUND, JOSEPH J 12018 E GRACE AVE 12018 E GRACE AVE 12018 E GRACE AVE SPOKANE WA 99206-4606 SPOKANE WA 99206-4606 Legal MIRABEAU RANCH L4 B10 45091 1066 TEIGEN, J D TEIGEN, J D 12010 E GRACE AVE 12010 E GRACE AVE 12010 E GRACE AVE SPOKANE WA 99206-4606 SPOKANE WA 99206-4606 Legal MIRABEAU RANCH L5 B10 45091 1067 ZUROSKE LIVING TRUST ZUROSKE LIVING TRUST 12009 E BUCKEYE AVE 12009 E BUCKEYE AVE 12009 E BUCKEYE AVE SPOKANE WA 99206-4643 SPOKANE WA 99206-4643 Legal MIRABEAU RANCH L6 B10 45091 1065 BURROWES, SEAN P & KATHERINE BURROWS, SEAN & KATHERINE 12019 E BUCKEYE AVE 12019 E BUCKEYE AVE 12019 E BUCKEYE AVE SPOKANE WA 99206-4643 SPOKANE WA 99206-4643 Legal MIRABEAU RANCH L7 B10 Page 7 of 9 Parcel Tturptcyer Info. 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Site Address 45091 1069 HIETT, RICHARD L HIETT, RICHARD L 12025 E BUCKEYE AVE 12025 E BUCKEYE AVE 12025 E BUCKEYE AVE SPOKANE WA 99206-4643 SPOKANE WA 99206-4643 Legal MIRABEAU RANCH L8 B10 45091 1070 OTTO, BILL&CINDY OTTO, BILL & CINDY 12103 E BUCKEYE AVE 12103 E BUCKEYE AVE 12103 E BUCKEYE AVE SPOKANE WA 99206-2619 SPOKANE WA 99206-2619 Legal MIRABEAU RANCH L9 B10 45091 1071 DIMICO, P & R DIMICO, P & R 12109 E BUCKEYE AVE 12109 E BUCKEYE AVE 12109 E BUCKEYE AVE SPOKANE WA 99206-2619 SPOKANE WA 99206-2619 Legal MIRABEAU RANCH L10 B10 45091 9001 PINES SEWER DEVELOPMENT CHD INC PO BOX 14686 PO BOX 13717 3001 N PINES RD SPOKANE WA 99206 SPOKANE WA 99213-3717 Legal 09 25 44 PT OF NE1/4 OF NE1/4< BEG AT NECOR OF SEC TH S 637 4FT TH W552 7FT TH N637 4FT TH E549 7FT TO POB 45102 0101 JAMAW PARTNERSHIP, J J JAMAW PTNSHIP 1825 N HUTCHINSON RD 9016 E INDIANA AVE 00100 0 ADDRESS UNKNOWN SPOKANE WA 99212-2444 SPOKANE WA 99212-2464 Legal PINES NORTH OFFICE PARK L1 131 45102 0102 JAMAW PARTNERSHIP, J J JAMAW PARTNERSHIP 1825 N HUTCHINSON RD 9016 E INDIANA AVE #100 0 ADDRESS UNKNOWN SPOKANE WA 99212-2444 SPOKANE WA 99212-2464 Legal PINES NORTH OFFICE PARK L2 B1 T 45102 0103 PETROSOL INTERNATIONAL PETROSOL INTERN 200 N MULLAN RD 00201 200 N MULLAN RD 00201 0 ADDRESS UNKNOWN SPOKANE WA 99206-3793 SPOKANE WA 99206-3788 Legal PINES NORTH OFFICE PARK L3 B1 m _ 45102 0201 FELDMAN, WILLIAM C FELDMAN, W C & B 3608 W ROCKWELL AVE 3608 W ROCKWELL AVE 0 ADDRESS UNKNOWN SPOKANE WA 99205-1769 SPOKANE WA 99205-1769 Legal PINES NORTH OFFICE PARK L1 B2 45102 0202 FELDMAN, WILLIAM C PERSON, FELDMAN 3608 W ROCKWELL AVE 3608 W ROCKWELL AVE 0 ADDRESS UNKNOWN SPOKANE WA 99205-1769 SPOKANE WA 99205-1769 Legal PINES NORTH OFFICE PARK TR X Page 8 of 9 Parcel Taxpayer Info. Owner Info. Site Address 45102 0301 EAST VALLEY SCHOOL DIST EAST VALLEY SCHOOL DIST #361 12325 E GRACE AVE 3415 N PINES RD 12325 E GRACE AVE SPOKANE WA 99216-3716 SPOKANE WA 99206-4613 Legal PINES NORTH OFFICE PARK REPLAT LT 1 131 45102 0302 EAST VALLEY SCHOOL DIST EAST VALLEY SCHOOL DIST #361 12325 E GRACE AVE 3415 N PINES RD 0 VACANT LAND SPOKANE WA 99216-3716 SPOKANE WA 99206-4613 Legal PINES NORTH OFFICE PARK REPLAT LT 2 131 45102 0303 FELDMAN, WILLIAM C FELDMAN, WILLIAM C & BETSY M 3608 W ROCKWELL AVE 602 N 12TH AVE 0 ADDRESS UNKNOWN SPOKANE WA 99205-1769 EDMONDS WA 98020-2933 Legal J PINES NORTH OFFICE PARK REPLAT LT 3 131 45102 0304 JAMAW PARTNERSHIP, J J JAMAW PTNSHIP 1825 N HUTCHINSON RD 9016 E INDIANA AVE 00100 0 ADDRESS UNKNOWN SPOKANE WA 99212-2444 SPOKANE WA 99212-2464 Legal PINES NORTH OFFICE PARK REPLAT LT 4 131 45102 0305 EAST VALLEY SCHOOL DIST EAST VALLEY SCHOOL DIST #361 12325 E GRACE AVE 3415 N PINES RD 0 VACANT LAND SPOKANE WA 99216-3716 SPOKANE WA 99206-4613 Legal PINES NORTH OFFICE PARK REPLAT LT 5 131 45102 9008 LUMBER YARD INVESTMENTS, LLC RICHARDS, BARBARA PO BOX 18708 PO BOX 18708 3163 N MIRABEAU PKWY SPOKANE WA 99208 SPOKANE WA 99228-0708 Legal 10-25-44 E30RODS OF W60RODS OF N53 1/3RODS OF NW1/4 OF NW1/4 & N26 213RODS OF THE W30RODS EXC CO RD 45102 9011 QUALCHAN INVESTMENTS SPOKANE QUALCHAN INVESTMENTS SPO INC 104 S DIVISION ST 104 S DIVISION ST 0 ADDRESS UNKNOWN SPOKANE WA 99202-1511 SPOKANE WA 99202-1511 Legal 10-25-44 S26 213RODS OF W60RODS OF NW1/4 OF NW1/4 & N13 1/3RODS OF W60RODS OF SW1/4 OF NW1/4 EXC CO RDS prig, e9of 9 ZONE CHANGE ..dnesday, December 22, 199 Parcel Taxpayer Info. Owner Info. Site Address 45091 1101 MEHLBRECH, EUGENE MEHLBRECH, E & D 11924 E GRACE AVE 11924 E GRACE AVE 11924 E GRACE AVE SPOKANE WA 99206-2608 SPOKANE WA 99206-2608 Legal MIRABEAU RANCH L1 1311 45091 1118 ZIBIN, DIANE & HENRY ZIBIN, DIANE M & HENRY 11923 E BUCKEYE AVE 11923 E BUCKEYE AVE 11923 E BUCKEYE AVE SPOKANE WA 99206-2624 SPOKANE WA 99206-2624 Legal MIRABEAU RANCH L18 1311s_ 45102 0306 JAMAW, J JAMAW, J 1825 N HUTCHINSON RD 3FL 907 W RIVERSIDE AVE 0 ADDRESS UNKNOWN SPOKANE WA 99212-2444 SPOKANE WA 99201-1006 Legal PINES NORTH OFFICE PARK REPLAT LT A 61 45102.0307 JAMAW, J JAMAW, J 1825 N HUTCHINSON RD 3FL 907 W RIVERSIDE AVE 0 ADDRESS UNKNOWN SPOKANE WA 99212-2444 SPOKANE WA 99201-1006 Legal PINES NORTH OFFICE PARK REPLAT LT B 131 Page 1 of 1 NOTICE OF APPLICATION CHANGE OF CONDITIONS ZE-158B-79 DIVISION OF CURRENT PLANNING Spow"--T COUINuy This Notice of Application is being provided to affected agencies and owners/taxpayers of property located within 400 feet of a proposed land use application received by the Spokane County Division of Current Planning This notice is to advise you that the land use application may affect you and to invite your comments on the project. Written comments may be submitted by any person regarding this project and the environmental review (SEPA) process. All comments received by (date) will be considered by the project planner prior to preparation of a staff report and recommendation of a decision to the Hearing Examiner. Comments will continue to be welcomed up through the public hearing. The project file may be examined between 8 a m and 4 p.m. Monday through Friday, except holidays, in the Current Planning Division of the Public Works Building, 1 S' Floor Permit Center West, 1026 West Broadway, Spokane, Washington. If you have questions, you may call the project planner at the phone number identified at the end of this notice. Please reference the PROJECT FILE NUMBER(S) in all your communications. PROJECT FILE NUMBER(S): ZE-15813-79 PROPERTY OWNER: Foursquare Gospel Church c/o Tom Hamilton P O. Box 14686 Spokane, WA 99214-0686 (509) 477-3675 APPLICANT CONTACT: Mischelle Fulgham Lukins & Annis, PS 717 W. Sprague, Ste 1600 Spokane, WA 99201 (509) 455-9555 PROJECT DESCRIPTION. Appeal of an Administrative Decision regarding conditions of a previously approved zone change (ZE-158A-79) limiting the subject site to condominium development only. The proposed Change of Conditions will allow for the development of a church on site and uses permitted in the Urban Residential-22 (UR-22) zone. ZE-1586-79 Change of Conditions Notice of Application Page 1 of 2 PROJECT ADDRESS AND LOCATION. 3001 N. Pines Road, generally located adjacent to and south of Euclid and approximately 160 feet north of Grace Avenue, in the NE'/ of Section 9, Township 25N, Range 44 E.W.M., Spokane County, WA. DATE APPLICATION SUBMITTED: December 2, 1999 DATE APPLICATION ACCEPTED (DETERMINATION OF COMPLETENESS): February 8, 2000 COMPREHENSIVE PLAN DESIGNATION: URBAN EXISTING ZONING: Urban Residential-22 (UR-22) ADDITIONAL PERMITS: The applicant been issued a footing and foundation permit and has applied for a building permit for a church. ADDITIONAL STUDIES REQUESTED: The applicant has completed a traffic analysis for the Washington State Department of Transportation. ENVIRONMENTAL DOCUMENTS: Review of existing mitigating measures indicate the State Environmental Policy Act (SEPA) threshold determination will likely be a Mitigated Determination of Non-Significance (MDNS). DEVELOPMENT REGULATIONS: The proposed project shall comply with the regulations and development standards identified in the Spokane County Zoning Code, Spokane County Subdivision Ordinance, Spokane County Critical Areas Ordinance, Uniform Building Code, Spokane County Standards for Road and Sewer Construction, Spokane County Guidelines for Stormwater Management and the regulations of the Spokane Regional Health District. ACTION: This project is subject to a future public hearing. You will be receiving a Notice of Hearing which will be issued a minimum of fifteen (15) days prior to the public hearing. A written report, including a staff analysis of the project and recommendation of decision, will be available for inspection seven (7) calendar days prior to the public hearing. Participation in the public hearing is encouraged. A copy of the Notice of Decision issued by the Spokane County Hearing Examiner which identifies the findings of fact, conclusion, decision and appeal rights will be provided to those individuals who testify at the public hearing and will be available to all others upon request ZE-15813-79 Change of Conditions Notice of Application Page 2 of 2 ATTACHMENTS: Please find attached a vicinity map and a site development plan for your review. REVIEW AUTHORITY: Ronald W. Hand, Associate Planner Spokane County Division of Current Planning 1026 West Broadway Avenue Spokane, Washington 99260-0050 (509) 477-7200 Fax- (509) 477-2243 Date lssued: 5L-q-0n, Signature: It), ~'324 ZE-1588-79 Change of Conditions Notice of Application Page 3 of 2 ZEml 58 B-79 Vicinity Map C. mrJ i S, 4 32 41 ^f'v.,- - ~ 1. 1 \ Jj, I I 'I'' ~•~r~ _ ~ r p j `fir ,,,1, ,11 KJrs .1 i D~ N 1 ~ 1•'11, 1,'1 ' 1'~,'i '1'1, ~ 1111 " i' / 1'11 ) n • i t I Z LJ 1 1 l 111'' 4 •i , , { 1 a i I'1 1, J G~ y , '111 1`ry X1111'', 11 " It I 1 1,IIil'j1111'I ~ 111 It '1i i !1 II i 1 11.1 ~1I~ , 1j 111 ~It't' ~ r 1'1 1 11.1111111 I 1 r o~y.. got \ - t~.,.~,r { L x,11 It, ~ ^1- ~ z `LStC.~ ~ ' ~G~ ~ ' 111, 11 ~ ~ ..rte ~ _ ~ 111 1 1 ; 0 Inn 1 ~ ! a C V't•rr. _ I r e Z:w nu Sr ~ :~j_ ~ _ 1 I > I r I 1~Z 15 ZE=1586-79 Site Development Plan u L r` L c O J J Cf- L S l < L < O = O L - r JJ ~-,n L^ 1 GL ~~..1 .1 -1 .37 t_ V J r. t_. •y r s u a_ u i c ^L: L t'17 t r ` i..i j 1,` ~ YLLL ~ P 71 - ~ 1 ~'i;Iffl!I1i11~~!1;I1I11-1 U of ~ -i LIJ 1 _ r~ ^t viVI t 3r _<< LLI ^~t• 1, I ( ICI 1 CO O CI: tv( L( g u cr Ll Q O~ tf Z p - > r V= 7y ~•i `2Y So Not to Scale 02/09/00 N A*~ Site Development Plan NOTICE OF APPLICATION CHANGE OF CONDITIONS ZE-1586-79 DIVISION OF CURRENT PLANNING SPOKAI~ COWTY This Notice of Application is being provided to affected agencies and owners/taxpayers of property located within 400 feet of a proposed land use application received by the Spokane County Division of Current Planning This notice is to advise you that the land use application may affect you and to invite your comments on the project Written comments may be submitted by any person regarding this project and the environmental review (SEPA) process All comments received by (date) will be considered by the project planner prior to preparation of a staff report and recommendation of a decision to the Hearing Examiner. Comments will continue to be welcomed up through the public hearing The project file may be examined between 8 a m and 4 p.m. Monday through Friday, except holidays, in the Current Planning Division of the Public Works Building, 15t Floor Permit Center West, 1025 West Broadway, Spokane, Washington. If you have questions, you may call the project planner at the phone number identified at the end of this notice. Please reference the PROJECT FILE NUMBER(S) in all your communications PROJECT FILE NUMBER(S): ZE-15813-79 PROPERTY OWNER: Foursquare Gospel Church c/o Tom Hamilton P O. Box 14686 Spokane, WA 99214-0686 (509) 477-3675 APPLICANT CONTACT: Mlschelle Fulgham Lukins & Annis, PS 717 W Sprague, Ste 1600 Spokane, WA 99201 (509) 455-9555 PROJECT DESCRIPTION. Appeal of an Administrative Decision regarding conditions of a previously approved zone change (ZE-158A-79) limiting the subject site to condominium development only. The proposed Change of Conditions will allow for the development of a church on site and uses permitted in the Urban Residential-22 (UR-22) zone. ZE-1586-79 Change of Conditions Notice of Application Page 1 of 2 PROJECT ADDRESS AND LOCATION. 3001 N. Pines Road, generally located adjacent to and south of Euclid and approximately 160 feet north of Grace Avenue, in the NE %4 of Section 9, Township 25N, Range 44 E.W.M., Spokane County, WA DATE APPLICATION SUBMITTED: December 2, 1999 DATE APPLICATION ACCEPTED (DETERMINATION OF COMPLETENESS): February 8, 2000. COMPREHENSIVE PLAN DESIGNATION: URBAN EXISTING ZONING: Urban Residential-22 (UR-22) ADDITIONAL PERMITS: The applicant been issued a footing and foundation permit and has applied for a building permit for a church. ADDITIONAL STUDIES REQUESTED: The applicant has completed a traffic analysis for the Washington State Department of Transportation. ENVIRONMENTAL DOCUMENTS: Review of existing mitigating measures indicate the State Environmental Policy Act (SEPA) threshold determination will likely be a Mitigated Determination of Non-Significance (MDNS) DEVELOPMENT REGULATIONS: The proposed project shall comply with the regulations and development standards identified in the Spokane County Zoning Code, Spokane County Subdivision Ordinance, Spokane County Critical Areas Ordinance, Uniform Building Code, Spokane County Standards for Road and Sewer Construction, Spokane County Guidelines for Stormwater Management and the regulations of the Spokane Regional Health District ACTION: This project is subject to a future public hearing You will be receiving a Notice of Hearing which will be issued a minimum of fifteen (15) days prior to the public hearing. A written report, including a staff analysis of the project and recommendation of decision, will be available for inspection seven (7) calendar days prior to the public hearing Participation in the public hearing is encouraged A copy of the Notice of Decision issued by the Spokane County Hearing Examiner which identifies the findings of fact, conclusion, decision and appeal rights will be provided to those individuals who testify at the public hearing and will be available to all others upon request ZE-1588-79 Change of Conditions Notice of Application Page 2 of 2 ATTACHMENTS: Please find attached a vicinity map and a site development plan for your review. REVIEW AUTHORITY: Ronald W Hand, Associate Planner Spokane County Division of Current Planning 1026 West Broadway Avenue Spokane, Washington 99260-0050 (509) 477-7200 Fax: (509) 477-2243 Date Issued: D -q-on Signature: 6a!~ 0) - 9,-4 ZE-1 5186-79 Change of Conditions Notice of Application Page 3 of 2 ZE=1586-79 Site Development Plan J r' V y ~ 1 t y, ~ - ~ C c < < ti t V - ~ I -r. G~ _ -err a _~,~j ✓r. -L-= ~ 1 2-, _ t, i ,t < CO < CO " I I J ? Uf O - J • I I -a~ U 1 = I ~ : ism- - ~ ,y - 1 671 1 ! ,I DIY _o Not to Scale 02/09/00 N' Site Development Plan V ZEml 58B=79 Vicinity Map 1 I ) -21 4 -C -e 32 I W =1 i it ~ I / a•7 S' ~ 14~n- CIO.. 1 I - - 7 ~ 1 rl II 1~,l11,1 I ~ It _ _ L"I \ ~'ll Il,tl r•i"LLCJ Y ' [ ,1, Cj V I, V 1=1 17 r tx ~ d ~ j ' If I I s'vn. Nr~~Q~ t 1111 '1 ~ , ~ C ) 1 y S{ <I 1 O~ ~.-f• 1111, _ Q q 1 - :1^^ c y -'1 ) N , 1 'i,i 1 I 1 t_..V Gte v 111' ' ~ 1' .C.v 1 ~ 111 11 ~ C~ { 1111 1 1 1 1 1 ',,,111! 111 = 1 t ~ 111''1',111111 IJ ~ 'ItIIII 1 i _ tl 1 t 11'I S''II ''~1 , 1 ,,1 rt't='''/ A 1'S ' ~~'I lllllft = 1 = - ~ Imm ZI It. r jCv f lki - a{ I r',, 1, It ,I. 111=I i,l . :7771 !-so - r ~i 1.- ~ ^ ? Iw a fl 1 ~ ~`t:.c •;r- •r _ art ~ { i' I = ~-1 _ I=! E-n~~: lc~l ~r----- - ' I c TECHNICALLY COMPLETE STATUS (DETERMINATION OF COMPLETENESS) SPOKANE COUNTY PUBLIC WORKS DEPARTMENT As per the Administrative Rules to implement ESHB 1724 Spokane County Board of Commissioners Resolution No. 96-0293, as amended FILE NUMBER: ZE-158B-79 PERMIT APPLICATION DESCRIPTION: Change of Conditions for a previously approved zone change ZE-158A-79 to allow for the development of a church in the existing Urban Residential-22 (UR-22) zone APPLICATION TYPE: TYPE III APPLICANT: Mischelle Fulgham, ADDRESS: Lukin & Annis, P.S. Suite Ste. 16003 717 W. Sprague, Spokane, WA PHONE: (509) 455-9555 OWNER: Foursquare Valley Church, c/o Tom Hamilton ADDRESS: Pines Sewer Development Inc., P.O. Box 14686, Spokane, WA 99214- 0686. DATE OF SUBMISSION OF APPLICATION INFORMATION: December 15, 1999 DATE OF ISSUANCE OF COUNTER COMPLETE STATUS: December 15, 1999 'i OUR APPLICATION IS: Technically Complete. A Technical Review was held on December 30, 1999 and a Determination of Technically incomplete was issued to the applicant on that date along with written comments of deficiency. The applicant has now adequately addressed the deficiencies and a Determination of Technically Complete is now issued. The required components of an application are present and are judged by the review authority to be sufficiently professionally and technically accurate to allow the processing of the application. All fees have been paid. This is your Determination of Completeness. Since your application is judged technically complete, following is a preliminary determination of consistency: (a) Type of Land use: The proposal consists of a Change of Conditions from the restrictions imposed on development pursuant to ZE-158A-79 to allow for the development of a church on the property and those uses allowed in UR-22. Y -Pace 2 -Technically Complete Status ZE-156 3-79 (b) Level o development: The proposal is generally consistent with the development standards of the Urban Residentail-22 (UR-2 ) zone, but not with the conditions of development established by the HEC for ZE-1 58A-7 (c) Irnfrasiructure. Necessary public services have sufficient and available capacity to serve the subject site. (d) Character of development, (i) Numerical or outer quamifiable performance standards. NA (ai) Promotes and does not substantially conflict with narrative standards The proposal is generally consistent with the Goals, Objectives and Decision Guidelines of the Urban category of the Comprehensive Plan. (aai) -Includes preparation, completion and approval of required studies, plans or determinations - A traffic analysis was required and accepted by the Washington State Department of Transportation and the Spokane County Division of Engineering and Roads (N) Methods of determining compliance to ensure that mitigation measures wall be accomplished- The proposal includes methods to determine compliance to assure that mitigation will be accomplished. (a) comments (1) Parking spaces will be determined at time ofbuilding- permits per Chapter 14.502 of the Spokane County Zoning Code (2) The Washington Stag Department of Transportation has reached an agreement with the proponent for the mitigation of traffic impacts and the payment of fees per letters from Al French and dreg Figg (see attached). (3) The subject site requires a Certificate of Exemption (C of E) to establish it as a legal building lat. The proponent is advised that a C of E may be required to obtain, a building permit (4) The site plan of record illustrates landscaping across the access to the church from Pines Road Al French has indicated that this detail is a drafting error and a corrected site plan will be submitted. -Paps 3 Jechnically Complete Status ZE-156B-79 REVIEW AUTHORITY: Spokane County Public Works Department Division of Current Planning 1026 blest Broadway Avenue Spokane, A 99260 Phone: (509) 477-7200 Fax: (509) 477-2243 Division Contact: Ronald W. Hand, Associate Plarmer Date Issued: - Signature: r SPOKANE COUNTY HEARING EXAMINER RE: Appeal of an Administrative Determination ) Interpreting Rezone Conditions of Approval ) FINDINGS OF FACT, Appellant: Foursquares Valley Church ) CONCLUSIONS OF LAW, File No. AIE-6-99 ) AND DECISION 1. SUMMARY OF APPEAL AND DECISION Appeal: Appeal of an administrative determination by the County Division of Building and Planning, interpreting a prior rezone as limiting site development solely to condominiums, and requiring that a change of conditions application be submitted for proposed development of the site for a church. Decision: Deny appeal and affirm administrative determination. The Hearing Examiner has reviewed the administrative appeal and the evidence of record, and hereby adopts the following Findings of Fact, Conclusions of Law and Decision: II. BACKGROUND/FINDINGS OF FACT A. General Information: Appellant: Foursquares Valley Church, c/o Tom Hamilton, Pines Sewer Development, Inc., P. O. Box 14686, Spokane, WA 99214-0686 Property Owner: Pines Sewer Development, Inc., c/o Tom Hamilton, P. O. Box 14686, Spokane, WA 99214-0686 Legal Description of Site: Assessor's Parcel No. 45091.9001 Site Address: 3001 North Pines Road, Spokane, WA Site Location: Generally located along the west side of State Route No 27 (Pines Road), 160 feet north of Grace Avenue, in the NE '/4 of Section 9, Township 25N, Range 44 EvVM. Zoning: Urban Residential-22 (UR-22) zone. Such zoning is subject to the conditions of approval attached to the Spokane County Hearing Examiner Committee decision dated 5-15-80 in Current Planning File No ZE-158-79 The site is also located inside the Aquifer Sensitive Overlay zone and the Public Transportation Benefit Area designated by the County Zoning Code. Comprehensive Plan: Urban category. The property is also designated inside the Aquifer Sensitive Area, Priority Sewer Service Area and the Urban Impact Area designated by the Plan. HE Findings, Conclusions and Decision AIE-6-99 Page 1 M . IUGA: The site is located inside the interim urban growth area boundaries designated by the County pursuant to the State Growth Management Act. Environmental Review: The administrative interpretation and the appeal are considered exempt from environmental review under the County's Local Environmental Ordinance and the State Environmental Policy Act. Site Description: The site is approximately 7.64 acres, generally flat and rectangular in shape. The property slopes gradually down from north to south, except for 15-20% slopes on the southerly edge of the property adjacent to Grace Avenue. The site is undeveloped, was recently graded, and a concrete slab and foundation have been installed for construction of a church. Area Road Network: State Route No. 27 (Pines Road) in the area is a 4-lane state highway improved with curb and sidewalk State Route 290 (Trent Avenue) lies approximately '/4 mile north of the subject property, while the Interstate 90/SR-27 freeway interchange lies less than a mile to the south. Mirabeau Parkway, previously known as Euclid Avenue, extends easterly from SR-27 opposite the northeast corner of the site. Such road has been paved to a-3 )-lane Arterial Road section from SR-27 all the way southeasterly to Indiana Avenue. Montgomery Avenue, designated as a Minor Arterial by the County Arterial Road Plan, extends westerly from SR-27, just north of the I-90/SR-27 interchange. Indiana Avenue, also designated as a Minor Arterial, extends easterly from SR-27 opposite Montgomery Avenue Surrounding Conditions: The land lying immediately north of the site, west of SR-27, is zoned Urban Residential-3.5 (UR-3.5) and is developed with an elementary school. Further to the north the land is vacant, except for 2 sets of railroad tracks. The land lying south and west of the site is zoned UR-3.5 and developed with single-family homes on urban-sized lots Further to the south, the properties abutting the west side of SR-27 are zoned UR-22 and mostly developed with multi-family housing. The land located northeast of the site, at the northeast comer of SR-27 and Mirabeau Parkway, is zoned UR-22 and undeveloped. Further to the east, north of Mirabeau Parkway, the land is zoned Light Industrial (I-2) and undeveloped. The land lying east of the northerly 2/3 of the site, at the southeast corner of SR-27 and Mirabeau Parkway, consists of a 15-acre parcel recently developed for an industrial office park. Such land is zoned Industrial Park (I-1), pursuant to a 1998 rezone approved by the Hearing Examiner. See Hearing Examiner decision dated 11-23-98 in File No. ZE-5-98. Directly east of such parcel, along the south side of Mirabeau Parkway, is found a 17-acre strip of undeveloped land. In 1999, such land was rezoned to the I-2 zone by the Examiner, along with 90 non- contiguous acres located further to the south, for a project known as Mirabeau Point. Development of the 17-acre strip is limited to uses allowed in the I-1 zone. See Hearing Examiner decisions dated 8-17-99 and 8-18-99 in File No ZE-37-96. The land lying east of the southerly 1/3 of the site is zoned UR-22 and improved with a school district administrative building. Further to the south, along the east side of SR-27, the land is zoned UR-22 and is undeveloped or improved with multi-family housing and offices Much of the land lying easterly of the zoning fronting the east side of SR-27, east and southeast of the site, is zoned RR-10. This includes 88 acres of undeveloped land owned by the Department of Natural Resources in a nature conservancy status, and 44 acres of land which is HE Findings, Conclusions and Decision AIE-6-99 Page 2 undeveloped except for facilities left over from a defunct zoo. See Hearing Examiner decisions dated 8-17-99 and 8-18-99 in File No. ZE-37-96. Zoning History of Site: In 1978, the County Hearing Examiner Committee (HEC) denied, without prejudice, an application to rezone the current site from the Agricultural (A) zone to the Multiple Family Suburban (WS) zone, for the purpose of developing 172 multi-family apartments units, under the now expired County Zoning Ordinance. The decision inexplicably contained conditions of approval for the proposed zone change. See HEC Findings and Order entered 11-17-78 in File No. ZE-131-78. In July, 1979, Shogren Co. submitted an application to rezone the site from the Agricultural (A) to the Multiple Family Suburban (Mf FS) zone, for the purpose of developing condominiums, under the now expired County Zoning Ordinance. On November 20, 1979, the HEC approved the rezone proposal. The site plan approved by the HEC on the same date illustrated development of the site for a 2-story, 80-unit housing project. See application dated 7-13-79, staff report dated 11-15-79, site plan approved by HEC on 11-20-79, and HEC Findings and Order entered on 11-20-79, Notice of Action and Affidavit of Publication in File No. ZE-158-79. The HECs Findings and Order dated 11-20-79 in File No. ZE-158-79 found that the land in the area was suitable for the proposed condominium use and that such proposed use was compatible with existing uses in the area. The findings indicated that some adjoining landowners expressed approval of the proposed land use, while others expressed disapproval. The findings stated that the multi family use is being requested because the proposed use is condominiums which are only allowable within the Two-Family Residential zone (two condominiums) and/or llfulti family (more than two condominiums) " The decision also established the following conditions of approval, on page 2: C ORDER The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Dennis Shogren for a Zone Reclassification as described in the application should be approved. Special conditions or contingencies applied to motion I Approval is granted for the sole purpose of condominium development as presented by the sponsor, Mr Shogren. 2. If for any reason this project cannot be constructed, the zoning of the property shall be reverted to the previous Agricultural zone 3 That the sponsor in conjunction with the owner of the property record in the Spokane County Auditor's Office prior to a change in the zoning map by staff, a statement to run with property which is the subject of the zone change application that the zone change is invalid, and the property shall automatically revert to the pre-existing Agricultural zone classification if the property is sold by Mary F. Calistro to another party prior to full development pursuant to the application. HE Findings, Conclusions and Decision AIE-6-99 Page 3 M Following the above language was a list of conditions from various agencies, including the following condition under the "Zoning" agency: J) ZONING 3 The applicant shall develop the subject property generally in accordance within the concept presented to the Hearing Examiner Committee. Minor variations when approved by the Zoning Administrator will be permitted, including but not limited to the following changes. Building location, landscape plans, and general allowable uses of the permitted zone. All variations must conform to regulations set forth in the Spokane County Zoning Ordinance. The original intent of the development plans shall be maintained On March 24, 1980, the owner of the site at the time, Mary Calistro, submitted a letter requesting a change of conditions to the above decision The letter specifically requested that condition C.2 of the HEC's 1979 decision be deleted, relating to reversion of the new zoning of the site to the Agricultural (A) zone if the project could not be constructed. The letter further requested that the zone change from Agricultural to Multi family Condominiums approved for Mr. Shogren be retained and not reverted to agricultural or invalidated as per article 3 of C. Order", and in the final paragraph stated I request the zoning remain `Multi-Family condominiums' and request a change of 'conditions' page 2, article 3 of C Order in order that I may sell without further loss. " The Calistro letter further explained that the previous applicant (Shogren) had not been able to obtain financing for the project, that Mary Calistro's contract to sell the property to Shogren had been cancelled, and that changes in the order were needed so that the land could be sold by Calistro. See letter dated 3-24-80 from Mary Calistro in File No ZE-158-79 The staff report submitted for the change of conditions application construed the Calistro application as one untended to delete conditions C. 2 and C.3 of the previous order, and also to delete the words "as presented by the sponsor, Mr. Shogren" from condition C.1. See staff report dated 5-8-80 in File No. ZE-158-79. On May 15, 1980, the HEC entered Findings and Order in File No. ZE-158-79 approving the application of Mary F. Calistro for a change of conditions as described in the application " The decision described the change of conditions proposal as follows: The sponsor, Mary F. Calistro is requesting approval of a change of conditions, File No ZE-158-79, to amend Condition No. I to be reworded to read: "Approval is granted for the sole purpose of condominium development. and delete " as presented by the sponsor, Mr. Shogren " Also to delete Conditions 2 and 3 of the original approval On March 19, 1984, Mary Calistro applied for a change of conditions to change the proposed development of the site "...from condominiums to apartment site.. to alloiv 2 phases ##1 for 84 units phase 42 when se,,iver available or onsite system another 88 units total 172 units The explanation given for the request was to "Remove condominiums required to apartment HE Findings, Conclusions and Decision AIE-6-99 Page 4 units". See application dated 3-19-84 in File No. ZE-158A-79. A site plan contained in File No. ZE-158A-79 illustrated the proposed development of a 172-unit apartment complex. On August 9, 1984, the HEC denied the change of conditions request in File No. ZE-158A-79. Among other findings of fact explaining the reason for denying the proposal, the decision included a finding of fact that the proposal for a 172-unit apartment complex was devoid of any concept used for the original zoning approval in 1979 and no attempt has been made by the sponsor to proceed with the condominium project which indicates no compelling reason for the Zoning Hearing Examiner Committee to allow the requested change of conditions." The decision also found that the approval in 1979 for an 80 Unit Condominium project is realistic in light of the adjacent single family residential development to the west and south of this project." See HEC Findings and Order dated 8-9-84 in File No. ZE-158A-79. The HEC's 1984 decision in File No. ZE-158A-79 was appealed to the Board of County Commissioners. At the public hearing held by the Board, the applicant, Mary Calistro, requested that the change of conditions application be modified to allow the Board to consider a revised proposal to develop an 80-unit apartment complex, under an "unsubmitted site development plan", while deleting the condition in the previous order requiring condominium development. The Board denied such request, finding that the application had been "substantially changed" from that presented to the HEC. Pursuant to the provisions of Hearing Examiner Committee Ordinance, the Board remanded the revised application back to the HEC for consideration as a new application. See Commissioners Document No. 84-0898, the Decision, Findings of Fact dated 10-16-84 in File No. ZE-158A-79 In rejecting the change of condition application in File No. ZE-158A-79, the Board of County Commissioners adopted a specific finding of fact stating "That parcel of property included within ZE-158A-79 was approved in 1979 with a specific site development condition requiring that the site be developed for the sole purpose of an 80 unit condominium development". See Commissioners Document No. 84-0898, adopting Decision, Findings of Fact dated 10-16-84 in File No. ZE-158A-79. Later in 1984, a new owner (Ernest Quinn) acquired the site, as a result of a foreclosure on Mary Calistro's interest. See letter dated 8-3-93 in File No. ZE-158-79. Effective January 1, 1991, the zoning of the site was reclassified to the UR-22 zone of the County Zoning Code, pursuant to the Program to Implement the Spokane County Zoning Code. This was part of a county-wide effort to convert the old zones of the Zoning Ordinance to the new zones of the County Zoning Code, using the Comprehensive Plan, the old zone and other factors as a guide. The Program to Implement specifically preserved any conditions of approval and site planning imposed through a previous rezone of a reclassified property as a condition of the new zoning, to the extent that such conditions were more specific or stricter than the development standards of the new zone. The old rezone file number and a symbol ("C") were appended next to the new zone designation on the official zoning map, for each site affected by such conditions. See County Resolution No 85-0900, Program to Implement, p. 3 "Contractual Conditions", p. 9 "Cross-over Schedule II", and p 10 footnote #3; and Dontivood, Inc. v Spokane County, 90 Wn. App 389, 957 P.2d 775 (1998). HE Findings, Conclusions and Decision AIE-6-99 Page 5 M M _ In 1993, an inquiry was made by the estate of a subsequent owner of the site to the County Planning Department, indicating an awareness of the HEC's 1979 rezone for condominium development, but not of the HEC's 1980 decision deleting the condition requiring a reversion to the Agricultural (A) zoning if the property was sold before bung developed for condominiums. County staff provided the estate with a copy of the 1980 staff report and the HEC's change of conditions decision in File No. ZE-158A-79. See letter dated 8-3-93 from Robert Waldo to Steve Horobiowski, and letter dated 9-28-93 from Steve Horobiowski to Robert Waldo Administrative Determination: A request for administrative interpretation was made to the County Division of Building and Plammng by the appellant's representative on November 17, 1999. The request indicated that the subject property had been sold for construction of a church The request contended that the zoning of the site is currently "multi-family, with a conditional use for condominiums", and that a church is allowed in the UR-22 zone applicable to the site. The request further advised that the appellant would like to construct a church on the site, and had applied for permits from the County to allow such construction. See letter dated 11-17-99 from James S. Black to James Manson. Pursuant to a letter dated November 18, 1999, the County Division of Building and Planning issued an admirustrative determination to the applicant's agent, indicating that development of the site was restricted to an 80-unit condominium development under the restrictive conditions imposed by the HEC in File No. ZE-158A-79. See letter dated 11-18-99 from Jeffrey Forry to James S. Black in File No. AIE-6-99. On December 2, 1999, the appellant, Foursquares Valley Church, submitted a timely appeal of the administrative determination to the Examiner. See Appeal to the Hearing Examiner dated 12-1-99 signed by Mischelle Fulgham. The appeal contested the conclusion in the administrative determination that a church could not be constructed on the site B. Procedural Information: Applicable Zoning Regulations: Chapters 14.402 (amendments), 14.412 (appeals), 14 504 (administrative interpretation), 14 508 (nonconforming provisions), 14.512 (application procedures), 14.514 (notification), 14.605 (residential zones matrix) and 14.622 (UR-22 zone) of the Spokane County Zoning Code. Hearing Date and Location: January 12, 2000, Spokane County Public Works Building, Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA Notices: Mailed. November 16, 1999. The legal requirements for public notice have been met. Hearing Procedure: Pursuant to Resolution No. 96-0171 and 96-0294. HE Findings, Conclusions and Decision AIE-6-99 Page 6 Testimony: Ron Hand Jeff Forry Division of Current Planning Division of Building & Code Enforcement 1026 West Broadway 1026 West Broadway Spokane, WA 99260 Spokane, WA 99260 Mischelle Fulgham Dwight Hume 717 West Sprague, Suite 1600 422 West Riverside, Suite 722 Spokane, WA 99201 Spokane, WA 99201 Tom Hamilton P O Box 14686 Spokane, WA 99214 Items Noticed: Spokane County Generalized Comprehensive Land Use Plan, County Zoning Code, County Zoning Ordinance (now expired), County Code, (revising interim regulations for County IUGAs), 97-0321 (adopting interim regulations for County IUGAs), 97-0134 (establishing and delineating IUGA boundaries), 96-0294 (Hearing Examiner Rules of Procedure), 96-0293 (ESHB 1724 procedures), 96-0171 (Hearing Examiner Ordinance), and 85-0900 (adopting Zoning Code, and Program to Implement Zoning Code). Hearing Examiner Committee Ordinance (County Resolution Nos 78-1027, 79-0338 and 80-0939, etc.). Final land use decisions referenced in decision and staff report. Items in Record: The record includes the testimony and documents submitted at the public hearing; the documents contained in File Nos. ZE-158B-79 and AIE-6-99; the documents added to the record at the public hearing by the Examiner in File Nos. ZE-131-78, ZE-158-79 and ZE-158A-79, the official County zoning map for the site; and the items taken notice of by the Examiner. Shortly before the January 12, 2000 public hearing, the Division of Current Planning divided the file previously designated "AIE-158A-79" into File No. AIE-6-99 (current administrative appeal) and File No. ZE-158B-79 (pending change of conditions). The County Division of Building and Planning was recently split into the County Division of Current Planning and the County Division of Building and Code Enforcement. Procedural Matter: A change of conditions application was submitted for the site by Mischelle Fulgham/Tom Hamilton, as applicant, on 12-2-99 in File No. ZE-159A-79. The purpose of the application was to remove the restriction on development of the site to an 80-unit condominium development found to be applicable in the administrative determination. Such application was determined to be "counter complete" by the County Division of Building and Planning on 12-15-99. A notice of heanng was issued to hear such application in a consolidated hearing with the administrative interpretation before the Examiner on January 12, 2000. On 12-28-99, the Examiner was advised by Division staff that the change of conditions application could not be heard on January 12, 2000, because it was not in compliance Nvith the County's ESHB 1724 procedures (adopted under County Resolution No 96-0293) required to be followed before hearing an application See E-mail memo dated 12-28-99 from Ron Hand to Gary Oberg. By letter to Mischelle Fulgham dated December 29, 1999, the Examiner ordered that the hearing on the change of conditions application be stricken. The appellant objected to such ruling at the public hearing, but was overruled by the Examiner. HE Findings, Conclusions and Decision AIE-6-99 Page 7 M M _ III. LAND USE ANALYSIS/ FINDINGS OF FACT & CONCLUSIONS OF LAW A. Approval criteria Zoning Code 14.504.000 authorizes the County planning agency to make administrative determinations regarding application of the County Zoning Code to a particular property. Zoning Code Chapter 14 412 authorizes appeal of such determinations to the appropriate hearing body for public hearing and decision, and provides for further appeal to the board of county commissioners. These appeal procedures have been superseded by the County Heanng Examiner Ordinance and chapter 36.70B, wluch allow only one open record hearing on land use actions. See County Resolution No. 96-0171, Section 16 of ordinance. The County Hearing Examiner Ordinance requires the Hearing Examiner to hear and decide administrative appeals from decisions of the County Division of Building and Planning, as well as change of conditions application relating to a prior rezone. The Examiner's decision on an administrative appeals can be appealed only to superior court, by land use petition. See County Resolution No. 96-0171, Attachment A, Section 7 (a), 13 and 16 The Examiner's review authority in an administrative appeal is de novo. The Hearing Examiner Ordinance generally authorizes the Examiner 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. 96-0171, Attachment "A", paragraphs 7 (d) and section 11; and RCW 36.70.970. A comprehensive plan is considered as a general blueprint for land use regulation by local governments. See Citizens for 1t'Iount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 873, 947 P.2d 1208 (1997); Cathcart v. Snohomish County, 96 Wn.2d 201, 211-12, 634 P.2d 853 (1981); and RCW 36 70.340 and RCW 36.70.020 (11). Where a comprehensive plan conflicts with zoning regulations, zoning regulations will usually be construed to prevail. See Weyerhaeuser v Pierce County, 124 Wn.2d 26, 43 (1994); 873 P.2d 498 (1994) B. The administrative interpretation is not erroneous The appellant first contends that the Hearing Examiner Committee's 1980 decision regarding the Calistro change of conditions application did not confine development of the site to condominiums. The appellant asserts that the Hearing Examiner Committee (HEC) simply approved the change of conditions "as described in the application", and that the Calistro application did not intend to limit site development to condominiums only. In support of this argument, the appellant submitted a letter from Mary Calistro dated 11-22-99, which asserted that she had only requested that the property remain multi-family and not revert to agriculture. The letter also contends that it was never assumed, nor requested, that "only" condominium use be allowed, and that the "complete understanding" was multi-family. See exlubit A to Appeal of Administrative Decision dated 12-1-99; and HEC decision entered 5-15-80 in File No. ZE-158-79. HE Findings, Conclusions and Decision AIE-6-99 Page 8 Mary Calistro's letter dated March 24, 1980 in File No. ZE-158-79 unambiguously requested the zoning of the site to remain "Multi-Family condominiums", and deletion of conditions C.2 and C.3 of the HEC's 1979 decision. The HEC's 1980 order on the change of conditions specifically described the proposal as one to delete conditions C.2 and C.3; and to reword condition C.1 to delete the words as presented by the sponsor, Mr. Shogren", but to retain the preceding words of condition #1 stating "Approval is granted for the sole purpose of condominiums". This is consistent with the staff report. The HEC's deletion of the words "..as presented by the sponsor, Mr. Shogren " from condition C.l actually appears to go beyond what is being requested by Mary Calistro in her letter, but was to her benefit. It is very clear to the Examiner that Mary Calistro's March 24, 1980 letter, on its face, did not request that the 1979 "condominium only" restriction be removed. Her belated letter to the contrary, submitted 19 years after the fact, cannot change this. The HEC's 1980 order preserved the "condominiums only" condition in condition C.1, except for the deletion of the words "as presented by the sponsor, Mr. Shogren". The decision found that all other conditions of the previous order were to remain in full force and effect. The HEC's description of the "proposal" in its 1980 decision represents its interpretation of the "application" or "proposal" it was considering at the public hearing. Such description must be read together with the order portion of the decision, which approved the change of conditions as described in the application." Such description represents the precise action taken by the HEC. Such order was not appealed by Mary Calistro, and is entitled to resjudicata effect. The appellant next contends that the "condominium only" restriction in condition C.1 of the HEC's 1979 order is ambiguous, due to a condition of approval on page 4 of the same order which allowed "minor variations" to the 80-unit condominium project proposed in 1979 to be approved administratively by the County zoning agency, including but not limited to building location, landscape plans and general allowable uses of the permitted zone." The Multiple Family Suburban (MFS) zone at the time did allow such uses as multiple-family residential buildings of 3 or more units, churches, nursing and retirement homes, schools, hospitals, etc. See 1979 County Zoning Ordinance The appellant cited the case of Party v. Hewitt, 68 Wn. App. 664, 847 P 2d 483 (1992) for the proposition that ambiguities in the HEC's order must be construed against the County, as drafter of the document. Such case relates to interpretation of a private restrictive covenant, and does not apply to the current circumstances. More analogous is case law addressing the construction of local zoning ordinances, which give great weight to the construction of an ordinance by the officials charged with its enforcement. This is not the case where the ordinance is so ambiguous or vague that it fails to provide fair warning of its prohibition or contain ascertainable standards sufficient to protect against arbitrary and discretionary enforcement in the particular circumstances. See Development Services of America v. City of Seattle, 138 Wn. 2d 107, 979 P 2d 387 (1999), Rirral Residents v Kitsap County, 95 Wn. App. 383 (March, 1999); and Seattle First National Bank v. Snell, 29 Wn App. 500, 629 P. 2d 454 (1981) The Examiner's initial impression is that the allowance in the HEC's 1979 decision for administrative approval of minor variations for "general allowable uses of the permitted. zone" is the result of careless drafting by the HEC. The HEC was comprised of a rotating division of the County Planning Commission, made up of lay persons. See County Resolution Nos. 78-1027, 79-0335 As collateral evidence of this, the Examiner points to the HEC's 1978 decision HE Findings, Conclusions and Decision AIE-6-99 Page 9 M denying the application to rezone the site from the Agricultural (A) zone to the Multiple Family Suburban (MFS) zone, for the purpose of developing 172 multi-family apartments units. Such decision inexplicably contained conditions of approval for the proposed zone change, including the same condition providing for minor variations found in the HEC's 1979 order. See HEC Findings and Order in File No. ZE-131-78. The staff reports for both the 1978 and 1979 actions recommended adoption of such condition. The condition appears to have been extracted from such reports by the HEC and added respectively, like a mantra, to its 1978 and 1979 orders, without considering its consistency with the more limiting action taken by the HEC in such orders. Construing the language authorizing administrative approval of minor variations in the 1979 order together with the more specific restriction limiting development of the site to condominiums, it does not follow that the order gave the County planning agency authority to administratively approve a church on the subject property. The subject condition relating to minor variations, which is set forth in full in Section II of this decision, requires the applicant to develop the subject property generally in accordance within the concept presented to the Hearing Examiner Committee and also requires that the . original intent of the development plans shall be maintained" The original intent of the development plans and the concept presented to the HEC for the 1979 rezone was for development of an 80-unit condominium project. The HEC's order deleting the words as presented by the sponsor, Mr. Shogren" from condition #1 of the 1979 order only removed a requirement that such condominium project had to be designed in conformance with the site development plan approved for the 1979 rezone on November 17, 1979. At most, the "minor variation" condition, construed as a whole, arguably allows administrative approval of a revised plan to develop the property for a similar multi-family use, at a similar density and similar design concept. The MFS zone expressly allowed, as multi- family residential buildings (3 or more units) for permanent tenants, (1) apartment houses of all types, provided 65% of the land is left in open space and a maximum density of one dwelling unit per 2,000 square feet of land area was allowed; and (2) court apartments for permanent tenants, at a maximum density of one unit per 3,000 square feet, with 65% open space. The UR-22 zone currently permits multi-family dwellings such as apartments. The construction of a church on the site with a completely new site plan certainly does not fall within the onginal intent of the development plans, or the concept presented to the Hearing Examiner Committee for the 1979 rezone. See site plan dated 9-23-99 in File No. ZE-158B-79. Section 14.504.040 of the County Zoning Code currently lists a number of alterations or additions to the site development plan approved for a prior rezone that are considered minor in nature, and which can be approved administratively by the County planning agency, if the changes are not contrary to the findings and conditions" of the prior rezone. Such minor variations include, in pertinent part, less than a 10% increase in floor area of the total floor area of all buildings on the approved site development plan and the addition meets other listed requirements of the underlying zone; minor adjustments to building or structure locations, provided that the density or intensity of use is not increased and does not significantly affect adjacent uses; and changes in use for a zone reclassification, provided that documentation is submitted that the impacts and intensity of the proposed use are equal to or less in nature than the onginally approved use or the surrounding land use as determined by the Zoning Administrator for the County. HE Findings, Conclusions and Decision AIE-6-99 Page 10 Section 14.504.040 of the County Zoning Code, by its express terms, does not override the conditions imposed on the 1979 rezone, as modified by the HEC's 1980 change of conditions decision. Such conditions of approval also survived the 1991 reclassification of the zoning of the site to the Urban Residential-22 (UR-22) zone, to the extent the conditions and site planning were more confining or stricter than the development standards of the UR-22 zone. The zoning of the site on the County's official zoning map, i.e. "UR-22 158 79C" for parcel 1.9001, specifically alerted those consulting such map as to the existence of special rezone conditions in the previous rezone file for the site. See County Resolution No. 85-0900, Program to Implement, p. 3 "Contractual Conditions", p. 9 "Cross-over Schedule II", and p. 10 footnote #3; Donwood, Inc. v Spokane County, 90 Wn. App. 389, 957 P.2d 775 (1998); and copy of official zoning map for N '/2-09-25-44 in File No. ZE-155B-79. As discussed above, development of a church on the site conflicts with the conditions of approval of the 1979 rezone, as modified by the HEC's 1980 order. This overrides the allowance for administrative approval of minor changes in use listed in Zoning Code 14.504.040 (5). The appellant clearly needs to submit a change of conditions application under this section to allow construction of the church on the site. In addition to the above discussion, there is another basis for upholding the administrative determination interpreting the previous rezone as precluding any use of the site other than development of an 80-unit condominium. That is the specific finding of fact entered on such issue by the Board of County Commissioners in its 1984 decision refusing to consider a revised application for development of an 80-apartment complex on the site. The Board's 1984 decision entered a finding of fact that the subject property was approved in 1979 with a specific site development condition requiring that the site be developed for the sole purpose of all 80-unit condominium development." See p. 2 of Commissioners Document No. 84-0898, adopting the Decision, Findings of Fact dated 10-16-84 in File No ZE-158A-79. The Examiner notes the consistency of such finding with the findings of fact entered by the HEC in its 1984 decision in File No. ZE-158A-79, rejecting a site plan proposing development of a 172-unit apartment complex on the site. See finding of fact 11 (d) and (e) in HEC Findings and Order dated 8-9-84, in File No. ZE-158A-79. Washington courts have held the judicial doctrines of rest idicata and collateral estoppel to be equally applicable in a quasi-judicial administrative context. See Davidson v. Kitsap County, 86 Wn. App 673, 937 P.2d 1309 (1997); Hilltop Terrace Homeowner's Assn v. Island County, 126 Wn.2d 22, 891 P.2d 29 (1995); and Lejeune v. Clallam County, 64 Wn.App. 257, 823 P.2d 1144 (1992), review denied, 119 Wn 2d 1005, 832 P.2d 488. The appellant appears to be rearguing the same issue decided by the Hearing Examiner Committee and the Board of County Commissioners in their 1984 decisions in File No ZE-158A-79, i e. that the prior rezone limited development of the site to an 80-unit condominium project. The appellant is collaterally estopped from raising such issue in the current proceedings. The appellant further contends that the "condominiums only" restriction imposed by the HEC on site development under the UR-22 zone is an unreasonable condition, is not rationally related to a legitimate governmental interest, and may constitute a taking However, as discussed below, the Examiner concludes that the 1979 rezone decision by the HEC limiting development BE Findings, Conclusions and Decision A1E-6-99 Page 11 M of the site under the Multiple Family Suburban (MFS) zone solely for condominium use was a reasonable exercise of the County's police power and zoning authority at the time. In 1978, the HEC rejected a project to develop the site for 172 apartment units, which the HEC found to be incompatible with existing uses in the area and unsuitable for the land in the area. Such project was unanimously opposed by neighboring property owners. See HEC decision entered 11-17-78, and rezone application dated 7-17-78. In 1979, a new application was submitted to develop the site for an 80-unit condominium project, with a specific site plan submitted for the HEC to consider. At the time, the land surrounding the site was not zoned for multiple family development and consisted of single-family residential uses, an elementary school and undeveloped land. The HEC's 1979 decision found that the land in the area was suitable for the proposed condominium use and was compatible with existing uses in the area, although some adjoining landowners were opposed to the project. Condominium ownership of multi-family development was considered a more favorable form of development at the time than currently. See testimony of Dwight Hume. Even today, single-family neighborhoods commonly resist development of multi-family rental development due to the transient nature of the tenants in such units. The HEC's 1979 decision was not appealed, and is res Judicata as to the reasonableness of the conditions imposed, except as modified by the HEC's 1980 decision on the Calistro change of conditions proposal. The HEC's 1980 change of conditions decision lessened some of the restrictions unposed by the 1979 order, at the site owner's request. The decision found that the land in the area was suitable for the proposed use or uses within the proposed zone classification, and that the proposed use was compatible with existing uses in the area, even though it found that adjoining landowners expressed disapproval of the change in condition. The Examiner does not agree with the appellant's contention that the 1980 order found the land in the area to be compatible with all the various uses allowed in the MFS zone. The finding relates to "proposed" uses and not all uses allowed in the zone. The only proposed use was one for condominium development. The HEC's 1984 decision rejecting a proposed 172-unit apartment project found the 1979 approval to be realistic, in light of the adjacent single-family residential development to the west and south of the project The 1980 order is also resJudicata as to the reasonableness of the conditions it imposed. It may be that the "condominiums only" condition no longer makes sense as a restriction on development of the site under the uR-22 zone, dust like changes in circumstances may justify rezoning a property to another zone The County Zoning Code provides a process for changing binding conditions imposed on a prior rezone of property, one that requires a change of condition application to be submitted for review at a public hearing before the County Hearing Examiner This is no different than requiring a property owner to go through an application and hearing process to change the zoning of a property. Certain minor changes may be approved under Zoning Code 14.04.040, as long as they do not conflict with a specific condition imposed on the prior rezone. In this case, the proposed development of the site for a church conflicts with the "condominiums only" restriction. HE Findings, Conclusions and Decision AIE-6-99 Page 12 The appellant draws attention to the fact that the project has little or no opposition in the record. However, opposition does not always surface until a public hearing is held on a land use application. A letter was submitted for the current matter which expressed some concern with the potential for other development on the site in addition to the church. See letter dated 1-11-00 from John and Patricia Korn. While public notice of hearing was sent to adjoining property owners for the change of conditions application in File No. ZE-158B-79, and this was the only response received, the Examiner had already ruled 2 weeks before the January 12, 2000 hearing that the hearing on the change of conditions application was stricken. See letter dated 12-29-99 from Hearing Examiner to Mischelle Fulgham. The Examiner also notes that the Notice of Application process has not been completed for the change of conditions application, which is specifically designed to provide notice to adjoining property owners of an application. C. The Examiner properly denied consolidation of the change of conditions application in File No ZE-158B-79 for hearing on January 12. 2000. The appellant's final contention is that the Examiner should have proceeded to hear the change of conditions application The Examiner's reasons for refusing to consolidate the 2 matters are summarized in a letter dated 12-29-99 from the Examiner to Mischelle Fulgham in the record. This includes the fact that the land use processing procedures required by statute (chapter 36.70B), the County's ESHB 1724 regulations (County Resolution No. 96-0293) had not been followed, and the criteria for consolidation under the Hearing Examiner Rules of Procedure (County Resolution No. 96-0294) was not met. Chapter 36.70B (implementing ESHB 1724) requires counties such as Spokane County to adopt a land use process that includes a notice to the property owner that an application is complete, a notice of application sent to adjoining property owners advising them of the project, a threshold determination under SEPA, a notice of hearing if an open record hearing is required on the application, and a notice of decision. All such steps but the notice of decision must occur before the open record hearing can be held. See RCW 36.70B.070 and 36.70B.110. The County adopted the land use procedures contained in County Resolution No. 96-0293 to implement such statutory requirements. A change of conditions application is regarded as a Type III process under such riles. The applicant did not submit an application for the change of conditions until December 2, 1999. Such application was determined to be "counter complete" under such rules, but not "technically complete". The notice of application cannot be sent out until there is determination of technical completeness. After the comment period on the notice of application is expired, a threshold determination under SEPA can be made. After the threshold determination is made, a notice of hearing can be sent. None of these latter required steps had been taken for the subject change of conditions application at the time of the January 12, 2000 public hearing. The change of conditions file indicates that a notice of application, and a threshold determination under SEPA was previously issued for a grading permit for the site However, Division of Current Planning cannot substitute the notice of application and threshold determination issued for the grading permit for the subject change of conditions application, since it involves a different type of application. The Division could adopt the environmental checklist submitted for the grading permit as an environmental document for the change of conditions application, but it still needs to issue a threshold determination for the change of conditions application. HE Findings, Conclusions and Decision AIE-6-99 Page 13 40 40 1 The change of conditions application clearly was not ready for hearing by the Examiner on January 12, 2000. The Examiner could not consolidate such application for hearing with the administrative appeal, since hearing the change of conditions application would have violated the land use processing procedures of County Resolution No. 96-0293 and chapter 36.70B RCW. See County Resolution No. 96-0294, Section 6 C. IV. DECISION Based on the Findings of Fact and Conclusions of Law stated above, the above appeal is hereby denied and the administrative determination is affirmed. The change of conditions application in File No. ZE-158B-79 may be specially set for hearing before the Examiner on an expedited basis, provided applicable land use processing and notice procedures are met. DATED this 26th day of January, 2000. SPOKANE COUNTY HEARING EY.ANIINER - -,Oyad / TMIC ael C Dempsey, WSBA #8? 5 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution No 96-0171, the decision of the Hearing Examiner on an administrative appeal is final and conclusive unless within twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with standing files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed This Decision was mailed by Certified Mail to the Applicant on January 26, 2000 The date of issuance of the Hearing Examiner's decision is therefore January 31, 2000, counting to the next business day when the last day for mailing falls on a weekend or holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS FEBRUARY 21. 2000. 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) 477-7490. The file may be inspected during normal working hours, listed as Monday - Friday of each week, except holidays, between the hours of 8.00 a m. and 4.00 p.m. Copies of the documents in the record will be made available at the cost set by Spokane County. HE Findings, Conclusions and Decision AIE-6-99 Page 14 01/14/00 FRI 08:09 FAX 509 747 2323 LUKINS & ANNIS [i1001 LUKINS & ANNIS, P.S. ATTORNEYS AT LAW 1600 WASMOT01; TRusr FMANCtAL CMMM • 717 W SPRAOM Ava. • SPMANIZ. WA 97201-0466 PHm (S09) 455-9555 • FAx (S09) 747-2323 Mischelle R. Fulgham Admitted In. Idaho and Washington Attorney Email address: MFulgham Lukins.com Direct Fax: (509) 363-2478 January 13, 2000 VIA FACSIMILE AND MAYL 477-2243 Mr. Ron Hand, Planner Spokane County Planning 1026 W. Broadway Avenue Spokane, WA 99260-0240 Re: Tom Hamilton/Foursquares Valley Church Petition to Remove Conditions Dear Ron: I am enclosing copies of prior correspondence dated December 15, 1999, wherein I confirmed in writing our previous agreement and understanding that the SEPA Checklist previously completed on November 7, 1999, would be submitted and utilized in this process. You will recall during our December meeting with Jeffrey Forry, he suggested, and we agreed, the prior SEPA determination would govern. In my December 15, 1999, letter, I requested a written response as soon as possible. I have received no such written response in the many weeks that have since passed and in subsequent oral conversations, I have been led to believe that the November 7, 19999 SEPA determination governs this Petition for Change of Conditions. We have relied on this commitment by Spokane County. Please confirm in writing that the November 7, 1999, SEPA governs. If the County's position has changed, please advise as soon as possible. Next, I enclose my December 14, 1999, correspondence to you. Therein I pointed out several errors in documents received from your office. Apparently one error has still not been corrected as documents from the Technical Review Summary, the Administrative Appeal file, and the - Petition to Remove Conditions file still erroneously describe me as the sole applicant If you review the Change of Conditions Application, it indicates that Tom Hamilton, acting on behalf of the Foursquares Valley Church, is the applicant and I am his representative. It is important that this information be corrected in your file prior to the hearing. Tom Hamilton and the Foursquares Valley Church should be identified as the applicants, and I reiterate my prior request of December 14, 1999, that this misdesignation of the applicant be corrected. SPOKANE • COEUR d'ALENE • MOSES LAKE 01/14/00 FRI 08:09 FAX 509 747 2323 LUKINS & ANNIS 16 002 Mr. Ron Hand January 13, 2000 Page 2 In conclusion, please confirm in writing the following: 1. SEPA determination of November 7, 1999, will be submitted and utilized in the petition; and 2. Applicants are Tom Hamilton and Foursquares'V''alley Church; applicants' representative is Mischelle R Fulgham, Lukins & Ao,nis, P.S. Thank you for your anticipated assistance and cooperation in clarifying these points. very truly yours, HAM IiA MRF:dfs Enclosures cc: Client Jeff Forry JSB \\SPOKANE 11VOL2\1 SDOCILDFSOTK-MRF.DOC 01/14/00 FRI 09:24 FAX 509 747 2323 LUKINS & ANNIS 0 001 L,UKINS & ANNIS, P-S- A.TToRNEYs AT LAW 717 W SWUMVE Ava. • SMLA14A WA 972014466 t6oo wwslIIrraroN rnvs: F1N•NO1~. S55 4 FAX(509)747-2323 Peons(SO9) Admitted In Idaho and Washington Niischelle R. Fulgham Email address. MFulg u1-eM•e0tn Artomcy Direct Fax: (509) 363-2478 January 13, 2000 VIA FACSIMILE & MAIL 477-2243 Mr. Ron Hand, Planner Spokane County Planning 1026 W. Broadway Avenue Spokane, WA 99260-0240 Re: Tom Hamilton/Foursquares Valley Church Administrative Appeal Dear Ron: I still have not received a copy of the staff report for our Administrative Appeal. Pursuant to Resolution 96-0294, subsection l OB, the staff report should have been filmor the Spokane County 5 ,,he to the Hearing Examiner's office and mailed seven days ago, or no later than JanUMY the applicant on this applicant. The star report still has not shown up, and I have been in that we proceeded with the platter (although incorrectly). While the point is mute at this am concerned about future mailings Please advise when it was mailed and to whom. hearing, I I would also like to *quire as to the issuance of the Determination of Completeness for our Petition for Change of Conditions. Yesterday during the public hearing you stated that our app counter complete but that it was still technically incomplete. In discussing this with Al French, he advised that on January expect 11, 2000, he provided all requested traffic infon cation. Thus, it to be technically complete as of January 11, 2000. Pursuant to Spokane County Resolution 96- 28 calendar days is the maximum 0293, the Procedural Administrative rules (ESA"1 )f Determination of Completeness. Please timeframe from counter complete through an issuance o advise what dates you are using for counter complete and technically complete and when you will be issuing the Determination of Completeness. Thank you Very truly yours, MI CB ELLE R IFFF GRAM MRF:dfs Enclosures cc: Client JSB 1.\15DOC\LDFS0JD-MRF.D0C SPOKANE - COEVR d' ALENr. - MosEs LAKE t L UKIN S & ANNI S, P . S . A"1-rORNr;ys AT LAW 1600 WASHINGTON TRUS-1 FINANCIAL CENTER • 717 W SPRAGUE AVE SPOKANE, WA 99201-0466 PIIONE (509) 455-9555 • rAa (509) 747-2323 James S Black November 17, 1999 Mr. James Manson Director of Building and Planning Spokane County Public Works 1026 West Broadway Avenue Spokane, Washington 99260-0050 Re: Request for Interpretation Dear Mr. Manson: The undersigned represents Mr. Thomas Hamilton. Mr. Hamilton owns approximately 8.03 acres of real property located on the West side of Pines Road, approximately 1,300 feet South of Trent Avenue (the "Property"). On November 20, 1979, the Property (for your reference under File No. ZE-158-79) was given a conditional use permit for the purpose of condominium development, with the provisions that (a) if for any reason condominiums could not be constructed, the zoning of the Property would be reverted to the agricultural zone, and (b) that the owner of the Property record a statement in the Spokane County Auditor's Office prior to a change in the zoning map to the effect that the Property automatically reverts to the pre-existing agricultural zone classification if the Property is sold by Mary F. Calistro to another party prior to full development, all pursuant to the Application. A copy of the 1979 proceedings are attached for your reference. By letter dated March 24, 1980 (a copy of which is attached), Mary F. Calistro requested that the zoning remain -mufti-family c:onduminiun,s-. On N.IaN 15, '19'00, the Hearing Examiner Committee entered its order declaring "the Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Mary F. Calistro for a change of conditions as described in the application should be approved" (emphasis added). Mr. Hamilton has sold his property for the construction of a church. A church is an approved use in a multi-family zone. a UR 22 zone, and every other conceivable zone that would be applied to the Property. Our position is that the zoning currently is multi-family, with a conditional use for condo minlums. This is what Ms. Calistro requested. My client is very desirous of initiating the process of putting footings on the Property before the winter frost sets in The church had planned to be opened by Easter, a time frame not to be met SPOKANE • Cocuit d'AtLFNE - MOsr-.s LAKE DOC. 33 November 16, 1999 Page 2 if a formal application for a change of condition needs to be processed. We respectfully request that this zoning interpretation be given by your Department as soon as possible so that our project may go forward. Very truly yours, J S S. BLACK JSB:bao Enclosures Copy: Mr. Thomas Hamilton Mr. Rob Binger, Civil Division, Prosecuting Attorney's Office Mr. Jeff Forry, Div. Of Building and Planning Mr. John Roskelley, County Commissioner i_Bno')71-JSB Doc ~aY~ 1 VF+' • r ~ n S P O K A N C C O U N T Y r- BUILDING AND PLANNING A DIVISION Or T1-IE PUBLIC WORKS DEPARTMENT James L Manson, C B 0, Director Gary Oberg, Director November 18,1999 James S Black Likms; & Annis, P S 1600 Washington Trust Financial Center 717 West Sprague Avenue Spokane ANA 99201-0466 RE. 3001 North Pules Dear N,1r Black After our meeting with Rob Binger of the Prosecuting Attorney's Office and upon receipt of your request for interpretation I reviewed the zone change file with Mr Manson and once again with Mr Binger Although a church is a permitted use in the Urban Residential - 22 zone and the original Multi-family Suburban zone, we feel the restrictive conditions (ZE-158A-79) would preclude any use other than an 80 unit condoinimium as specified un the fundings and order Please note that this determnination is made pursuant to section 14 504.040 of the Spokane County Zoning Code The zoning code provides that an Administrative Decision made pursuant to this section is appealable within 14 days a delineated in section 14 412 041 Should \'Oil have an}, further question please feel fiee to contact me at 477-3675 Sincerely, Jeffrey E Forry Senior Building Technician JEF/ lsc c hiii \lanson P~%ttor 022 W BKO \u,N' • SPOKANI., WA51 LING l'ON 99260-0050 DOC 33 (509) FAX (5(r)) 177-1705 . FIR) (909),177-'133 Jl ( File No. ZE-158-79 SPOKANE COUNTY HEARING EXAMINER COMMITTEE 5 FINDINGS AND ORDER A. INTRODUCTION This matter having come before the Hearing Examiner Conmittee on 1hoxxdayx , May 8 1980, and the members of the Committee present being -Ted McCoury, Acting Chairman, Kenneth Kennedy and Eldon Thomas B. PROPOSAL The sponsor, Mary F. Calistro is requesting approval of a change of conditions/g,yx-oc(x)e<,xl>D&WxDoetxDOIx, F i l e No. ZE-158-79 to amend Condition No. 1 to be reworded to read: Vxf~acx c y~c c~c~cx~~x x~c c iC Approval is granted for the sole purpose o t one inium development.", and delete as presented by the sponsor, Mr Shooren". Also to delete'Conditions 2 and 3 of the original approval. C. FINDINGS O." FAC-r 1. That the existing land use in the area is Elementary, School , residential , cultivated and undeveloped. 2. That the Comprehensive Plan designates this area as appropriate for residential -development. 3. That the existing zoning of the property described in the application is A ricultural until such time as development is completed in compliance with the conditions o e origin51--approva tached to the application. 4. That the provisions of RCW 43.21C (The State Environmental Policy Act) have peen compl i ed k%,i th. 5. That the proper legal requirements for advertisement of the Agenda item have been fulfilled. 6. Tha t the l and i n th i s area , s su i table/~~~~ for the proposed use, Lor~ uses t•,ithin the proposed Zone Classification. 7. t the applicant has as not demonstrated tha onditions ha SuhsLanLlc 1%, ci an(jud slate Lh tcjinal zoniny of Lhis rea and actor ly, the proposea rezone _ is_ not ,lustifie DOC. 33 • 8. That the proposed use is compatible/ io)~ox .-~YV,ihkQ, with existing uses in the area. 9. That the owners of adjacent lands expressed aaxkkeOxggx(xxxi/disapproval/ tvbt,x of the proposed use. 10. The Hearing Examiner Convni ttee f i ndshdyz-7-x=txf<Md the proposed use to be in harmony with the general purpose and will not be otherwise detrimental to the public health, safety, and welfare. 11. The following are additional findings of fact considered by the Hearing Examiner Committee: (a) All other conditions to remain in full for and effect D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL (List here all conditions noted in Staff Analysis), E. ORDER The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Mary F. Calistro for a change of condo tions/2*XxxrxQ,4TXt,sx%-YRtZxactMK as described in the application should be a pproved,50~t,~j, 2 _ ' File NO. ZE-158-79 Motion by: Thomas Seconded by: Kennedy Vote: Approved 3 - 0 HEARING EXAMINER COMMITTEE C ha i rma n ATTEST: JAH[S L. HANSON Actini Planning Director By, P .n 3 4 / - ~ZLC '1 /1 JivCG'I-'f/1 r, E Z ~ i 4:~l 11-01~ c4a t t J c n c /t ~l 4~ C/ V GL-4_ 'zc.G~t~C-2~LZZht~L.- ~9~Q, f 3 ' 6-7 ~--c v c- q DOC. 33 No. Z E-158-79 SPOKANE COUNTY HEARING EXAMINER COMMITTEE I j1 1 FINDINGS AND ORDER A. INTRODUCTION This matter having come before the Examiner Committee on November 20, 1979, (being a continuance of the November 15, 1979 hearing) and the members of the Committee present being Eldon Thomas, Chairman, Jane Myers, and Ted McCoury and there being the following persons present who wish to request approval of a Zone Change; Dennis Shogren for a Zone Reclassifcation, Agricultural to Multiple Family Suburban for the purpose of condominiums. B. FINDINGS OF FACT 1. That the existing lana use in the area is residential, school and undevelop- ed. 2. That the Comprehensive Plan designates this area as appropriate for residential development. 3. That the existing zoning of the property described in the application is Agricultural. 4. That the provisions of Chapter 43.21C RCW (The State Environmental Policy Act) have been complied with. 5. That the proper legal requirements for advertisement of the Agenda Item have been fulfilled. 6. That this proposal is not in conflict with the provisions of adopted regula- tion. 7. That the land in this area is suitable for the proposed condominium use. 8. That the proposed condominium use is compatible with existing uses in the area DOC. 33 No. ZE-158-79 9. That the owners of adjacent lands expressed both approval and disapproval of the proposed land use. 10. The Hearing Examiner Committee does not find the proposed use to be in harmony with the general purpose and will! be otherwise detrimental to the public health, safety, and welfare. 11. The following are additional findings of fact considered by the Hearing Examiner Committee: a) That the multi-family land use is being requested because the proposed use is condominiums which are only allowable within the Two-Family Residential zone (two condominiums) and/or Multi-family (more than two condominiums). C. ORDER The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Dennis Shogren for a Zone Reclassification as described in the application should be approved. Special conditions or contingencies applied to motion: 1. Approval is granted for the sole purpose of condominium development as presented by the sponsor, Mr. Shogren. 2. If for any reason this project cannot be constructed, the zoning of the property shall be reverted to the Agricultural zone. 3. That the sponsor in conjunction with the owner of the property record in the Spokane County Auditor's Office prior to a change in the zoning map by staff, a statement to run with the property which is the subject of the zone change application that the zone change is invalid, and the property shall automatically revert to the pre-existing Agricultural zone classification if the property is sold by Mary F. Calistro to another party prior to full development pursuant to the application. 2 e No. ZE-158-79 a) COUNTY FIRE MARSHAL 1. The site is located in Fire District #1. 2. Mains and hydrants need to be installed in the above areas. Access plans for firefighting equipment around the byilding shall be approved prior to building permit issuance. 3. Adequate water for fire protection and distribution of water is required for the following zone changes. A water plan is required to be submitted prior to any development or use of subject lands. b) COUNTY ENGINEER 1. Access permits shall be obtained from the Spokane County Engineer's Office prior to issuance of building permits. 2. An appropriate on-site drainage disposal system shall be approved by the Spokane County Engineer's Office prior to the issuance of building permits for the project. 3. The design, location and arrangement of parking stalls shah be in accordance with standard traffic engineering practices. Any portion of the project which is to be occupied or traveled by automobiles shall be maintained in hard surface paving. c) WATER PURVEYOR 1. Purveyor is Irwin Water District #6 and will supply the site with adequate water for domestic fire and irrigation uses. d) COUNTY HEALTH DISTRICT 1. No comments received. e) SEPA 1. That the provisions of SEPA's Notice of Action pursuant to 43.21C.080 RC\N` be initiated by the applicant within thirty (30) days of final action of the Responsible Administrative Body and be completed before and improvements are made 3 • ( 'e No. ZE-158-79 2. The request has proven to be environmentally non-significant. Therefore, a final declaration of non-significance shall be signed by the Chairman of the Hearing Examiner Committee. f) ZONING 1. Approval by the Zoning Administrator of a specific lighting and signing plan for the described property prior to the release of any building permits. 2. A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane County Zoning Administrator shall be submitted with a performance bond for the project prior to release of building permits. 3. The applicant shall develop subject property generally in accordance within the concept presented to the Hearing Examiner Committee. Minor variations when approved by the Zoning Administrator will be permitted, including, but not limited to the following changes: Building location, landscape plans, and general allowable uses of the permitted zone. All variations must conform to regulations set forth in the Spokane County Zoning Ordinance. The original intent of the development plans shall be maintained. g) That the Hearing Examiner Committee after hearing all testimony and a review of the staff analysis adopts the proposed declaration of non-signifi- cance and directs the chairman of the committee to sign the final declaration of non-significance le No. ZE-158-79 { Motion by: Myers Seconded by: McCoury Vote: Unanimous HEART G EXAMINER COM TTEE Chairman i 1 C, ATTEST: FRED L. DAYHARSH Planning Director B y: 5 r x 4 n- 4 + } i I ^o r 1} (D I< IsT. A I 9~ u ra -r v- CURRENT PLANNING A DIVISION OF THE PUBLIC WORKS DEPARTMENT Gary Ober& Director MEMORANDUM DATE: January 5, 2000 TO: Division of Engineering and Roads - Transportation Engineering, Scott Engelhard, c/o Sandy Kimbatl Division of Engineering and Roads- Development Services; Bill Hemmings Division of Utilities - Information Management; Jinn Red Division of Utilities - Storm water Utility; Brenda Sims Spokane Regional Health District, Steve Holderb Spokane County Air Pollution. Authority Spokane County Fire District No. I Irvin 'mater District FROM: Ron Hand, Associate Planner -19 SUBJECT: Change of Conditions for 4 'A-79 Please review this revised site plan and return your written comments to rile by January I9, 2000 If you have any questions regarding this matter, you may contact me at 477-7200 tm Enclosures C Mischelle Fulgham (revised site plan encored) Jeff Kogan, Wyatt Engineering Tarn Hamilton 1026 W. BROADWAY ■ SPOKANF,, WASHINGTON 99260-0220 VHCNE, (509) 477-7204 * FAX( (509) 477-2243 • TDD, (5N) 477-7133 DO C. 22 INTERNATIONAL DESIGN AL FRENCH, ARCHfIECT FAA 12/TWION 910KAHF,~w►4NC1p~V9m ~ M FA)C a16WI ~OPI71~ NoTm oAmso Mac ro moo oLNTxrAn xroa Nom- ~kRIBIJ POINT AVE aao' Tr TYPE I I 15 PUR YARD SVaA= VEMW AON Is NON Tzw* m" W WAYSaMNa ALOJRdOlr I I I BUILDING INFORMATION PERSENTT OF BUILDING COVERAGE BUILDING SO FIG - 21,201 S F WK i LAW'PPC S" LOT AREA - 350 400 S F T' APPUCMT 4NUM 15 0 FM TAM M oases DmRww m M PERCENT OF COVERAGE - 6059 R W VroRnroN IM 3AWnC v OF BUILDING USES CHURCH LAwow. A1QUOUD. L I I LANDSCAPED AREAS l , TYPE I - 8,300 S F TYPE It • 9 600 S F 249.1 I I TYPE OFGENERAL LANDSCAPING S S F awls FRONT YARD - TYPE III 1 I » S IDE YARDS - TYPE I b REAR YARDS - TYPE 1 - EXISTING NATURAL VEGETATION NO OF PARKING SPACES REOUIRED = 100 STALLS I PARKING PROVIDED ■ 123 STALLS Z PERCENT OF OPEN SPACE (EXCLUDING PAVED AREAS) 76 219. I c BUILDING SETBACKS FRONT YARD - 25' FROM RIGHT OF WAY g SIDE YARD - 5' FROM PROPERTY LINE PER STORY - SINGLE STORY BLDG REAR YARD 15 FROM PROPERTY LINE HEIGHT OF BUILDING 0 TALLEST POINT - 351-9' - A HEIGHT OF BUILDING AT OFFTCE/CLASSROOM = 16'-7' a n HEIGHT OF SIGN - MONUMENT 5 -0' I w _ sr- I ~ II M o o Nowvm a> I .sr-i mr :5 mart YAM strOA04 UK to a t s Ru ,wa sauce ~ ~ n' YmD rr u«USiruo sr"r i v omfgag ° -r Nat SW DssoAR"o rtMa AfWDYQ n oM %*M mUtm LNMWM TO saK AmertY tcn4m FOR F40" REQUIRED PARKING - CHURCH REQUIRED PARKING FOR CHURCH I STALL/ FOUR SEATS avcon wam war a<wNVOtr DNN[A9fP SANCTUARY SEATMG =400 C=wa zD" a oN Aoumn NAM F. URJA REQUIRED PARKING = 100 STALLS PARKING PROVIDED 123 STALLS PROPOSED FOURSQUARE VALLEY CHURCH ~ PROPOSED SITE PLAN MOST* SCALE. 1' • 6D'-0' 0 30 60' 90 r i PRO"cr "-L VALLEY FOURSQUARE CHURCH ` N. 9001 PLEB ROAD SPOKANE, WASHINGTON a, D".u"o otscA9r"N SITE PLAN SP1 V 1a 7 &1 Jrc A's ow 479) r STAFF REPORT TO THE HEARING EXAMINER File AIE-6-99 DIvISION OF CURRENT PLANNING PH 477-7200 'Pa\t~E COUN'TY FILE AIE-6-9 HEARING DATE: January 12, 2000 at 9:00 A.M. PROJECT PLANNER: Ronald Hand, Associate Planner PROJECT DESCRIPTION: Appeal of an Administrative Decision regarding conditions of previously approved zone change (ZE-158A-79) limiting the use of the subject, sit7- to sol ,r_.1:rpyse o` condominium development. NOTE: In addition to the above referenced appeal, this hearing 'ryas aisc- be~_n E!:~~:~erised ~:l.s public hearing for a Change of Conditions. It is requested that the hearing examiner withdraw Change of Conditions portion of this public hearing until the application ESHB-1724 requi7-:= n;s. Project Data Project Location: 3001 N. Pines Road, generally located adjacent to and south of Euclid and 160 feet north of Grace, in the NE Y4 of Section 9, Township 25- N., Range 44 E.W.M., Spokane County Parcel Number(s): 45091.9001 Applicant/Agent: Mischelle Fulgham 717 W. Sprague Avenue Suite 1600 Spokane, WA 99201 (509) 45~-0555 Owner: Pines Sewer Developrn= rt Inc c/o Tom Hamilton P.O. Box 14686 Spokane, WA 99214-006080" Comprehensive Plan Urban - ) Designation: Zoning: Urban Residential ;l (U,-"_2 2 Existing Land Use: The land is vacant and undeveloped Surrounding Zonin and Land Uses: - • North: The zoning to the north of the site is Urbc- Residential-3.5 (UR-3.5) and Industrial Pak;~- 1). Trent Elementary School is looted AIE-6-99 ~~'':c ^y staff Report - January 1" 2C' ~ ? H= immediately to the north of the site. Other than the school, the land between the site and Trent Avenue, % mile to the North, is vacant and bisected by Burlington Northern railroad tracks. • South: Single family residential housing zoned UR-3.5 zoning is located immediately to the south of the site. The UR-3.5 zone transitions to vacant UR- 22 zoned land near 1-90, approximately % mile to the south. Approximately miles to the southeast are apartment buildings and a mobile home park is near 1-90. • East: Land lying to the east of the site is zoned UR- 22. Located immediately to the east of the site are East Valley School Administration offices and the Pinecroft Business Park. Extending east therefrom is undeveloped vacant land. • West: Land to the west is zoned UR-3.5 and is fully developed into a single-family residential neighborhood. Known Land Use Proposals and Pending project approvals within the vicinity of Recent Project Approvals in the the proposal include: Conditional Use Permit Area of this Project (file CUE-5-98); for the purpose of putting up a 125 foot wireless tower with accessory radio equipment approximately of a mile to the South of the proposal. Recent project approvals within the vicinity of the proposal include: Preliminary Binding Site Plan (file no. BSP-65-98), located approximately 5/8 of a mile to the South on Pines Road and Mission Avenue for the division of 4.79 acres into four tracts for an existing church, an existing motel, an existing office building a commercial use not yet determined; the approved preliminary short plat SP-1188-98 to divide 15.1 acres into four lots for uses in the UR-3.5 and RR-10 zones, this short plat is directly across Pines Ave., to the East, from the subject site; Land Division Status: The subject parcel does not have a CertiTicat~ of Exemption and will need one before a building permit can be released ore line esignation: of applicable , Spokane ounty ore!ine Maos indicate the site is not in a Shoreline area. a er urveyor: Irvin Water District a site is wit rn t e boundaries of Irvin Water District 1#6 but has not been annexed into the district. ewage isposa : e site will be serve y po ane ounty public sewers stem. ire istrict he proposal is within po ane ounty ire District 1. Fire District 11-11 has expressed no concerns. School District and nearest K-12 The subject site is in Easy Valley 1#361 school Alc-6-99 Start Report - Jan jary 12. 2GOO Public Hearing 2 ci7 r schools: district Trent Eleme, «ary School is located adjacent and to the North of the proposal. East Valley High, East Valley Middle School and Trentwood Elementary Schools are located = approximately one and one-half miles to the East on Wellesley Avenue. Nearest Arterial and Distance: The proposal is located adjacent to and on the west side of Pines Road which is designated as a Principal County Arterial by the Spokane County Road Plan. Pines Road is also State Highway 27 (SR-27) No dedications of right-of- way are being requested by Spokane County Engineering Trent Avenue lies approximately 1200 feet to the north and is designated as a Principal County Arterial by the Spokane County Road Plan. WSDOT and the Spokane County Engineering Department is requesting satisfactory traffic language or a traffic study to determine the traffic impact to the Pines corridor. Nearest Parks and Distance: Valley Mission Park is a 22-acre park located approximately one mile to the southwest of the subject site. Neighborhood Association: The subject property is not located within the boundaries of a known neighborhood association. • This proposal is located inside the IUGA. • This proposal is located inside a Public Transportation Benefit Area (PTBA). The nearest transit stop is located on Pines Road approximately 500 feet from the proposal. • This proposal is located outside the 1000' notification boundary of designated Natural Resource Lands. GMA/Critical Areas Aquifer Recharge Area: The subject site is located inside the Priority Sewer Service Area (PSSA) and inside the Aquifer Sensitive Area (ASA) Overlay zone Fish & Wildlife Habitat Conservation Spokane County Critical Areas Maps Areas: do not indicate the presence of Fish or Wildlife on site Floodplain: A review of the FIRM maps indicate the site is located in Zone 0315C and outside of any 100 year flood plain. Geologically Hazardous Areas: The Spokane County Critical Areas Map does not indicate the presence of any geologically hazardous areas or erodable soils on site. AIE-s-9s Staff Report - January 12, 2000 Public Hearing 3of7 Wetlands: = - Spokane County Wetlands Maps do not indicate the presence of Wetlands on the site. A Wetland Report has not been requested from the owner. SEPA: SEPA is not required for this appeal action. Noticing Published- Spokesman Review on December 23, 1999 by the Division of Building and Planning Mailed- The deadline for mailing the Notice of Hearing to taxpayers/owners of property located within 400 feet of the boundaries of the subject site was December 27. 1999. Posting: Posting of the site is not required for this action 1724 Compliance Dates Application Accepted (Counter Complete): December 2, 1999. Technically Complete / Determination of Completeness issued. Application for Appeal of an Administration Decision does not require a Determination of Completeness Reviewing Agencies A total of 8 agencies were notified on December 20, 1999 Final comments were due December 30, 1999. Agencies Notified Response Date Agencies Notified Response Date Received Received Received Received (yes or no) (date) Spokane County No Fire District m1 No 12-21-99 Division of Engineering Spokane County No Irvin Water District n6 No Division of Utilities Spokane County No Spokane County Yes 12-15-99 S:ormwater Utility Development Engineering Services Spokane Regional No Health District Spokane County No Division of Building and Planning Responses from the Public: No comments have been received regarding the proposal. Description of the Site: The subject site encompasses 7.64 acres, is square in shape and slopes gently from the south to the north, except for 15-20% slopes on the southern edge of the property abutting Grace Avenue. The site has been graded in preparation for building a church. It appears that 2 concrete slab and foundation have been constructed on site AIE-6-99 Staff Report - January 12, 2000 Public Hearing 4 of 7 Description of Surrounding Neighborhood: The surrounding neighborhood is comprised or primarily of single-family dwellings on 10,000 square foot lots to the west and south. An elementary school Is located adjacent to the site to the north. East of the site are office and commercial uses, with vacant land extending eastward therefrom. The west Side of Pines Road is a developed single- family neighborhood The east Side of Pines Road is developing into office, commercial and apartment uses. The subject site is located in an area between Trent Avenue and 1-90. Basalt outcroppings slope from the south to within about 1/4 of a mile of the site Background: The site has been the subject of several land use actions including; 1) a zone reclassification (ZE-131-78) from Agriculture to Multi-family Suburban (denied); 2) a zone reclassification (ZE-158-79) from Agriculture to Multi-family Suburban for the purpose of an 80 unit condominium/apartment development (approved); 3) change of conditions in 1980 (ZE-158- 79) removing two of the conditions from the original zone change (approved); 4) change of conditions in 1984 (ZE-158A-79) to increase the density of the proposed condominium/apartment development (denied). - In 1978 the owner requested a zone change from Agriculture to Multi-famlly Suburban with a commercial strip (ZE-131-78). The file contains over 110 letters from neighbors against the action. The zone reclassification was denied. In 1979 the owner again requested a zone change from Agriculture to Multi-family Suburban, leaving out the commercial strip. The proposed development was an 80-unit condominium/apartment complex. The zone reclassificatton received conditioned approval that limited the use of the property to the 80-unit condominium/apartment development. Other conditions insured that the site would revert to Agriculture If the current owner sold the land without fully developing it In 1980 the owner requested a Change of Conditions for a previously approved zone change (ZE- 158A-79) asking that condition one be amended to read "Approval is granted for the sole purpose of condominium development" and that conditions two and three be removed. Condition two stated "If for any reason this project cannot be constructed, the zoning of the property shall be reverted to the Agricultural Zone Condition three stated "That the sponsor in conjunction with the owner of the property record in the Spokane County Auditor's Office prior to a change in the Zoning Map by staff, a statement to run with the property which is the subject of the zone change application that the zone change is invalid, and the property shall automatically revert to the pre- existing Agricultural Zone classification if the property is sold by Mary F. Calistro to another party prior to full development pursuant to the application.. Petition was approved by the Hearing Examiner Committee on May 15, 1980. In 1984 another Change of Conditions for a previously approved zone change was submitted (new number was not assigned) requesting that the condominium/apartment density be increased to 172 from 80, the petition was denied by the Hearing Examiner Committee. In the fall of this year (1999) the current owner applied for a building permit to build a church During the review process it was determined that ZE-158A-79 had limited the development uses of the site (see attached letter from Jeff Forry to James S Black dated November 18, 1999) Condition of Approval as amended per Change of Conditions (ZE-158A-79) specifically states in condition one "Approval is granted for the sole purpose of condominium development." As a part of the building permit process the sponsors submitted an Environmental Checklist (DNS 11-07- 99) and property owners within 400 feet were notified of the application Subject of Appeal: The Appeal is in response to an Administrative Decision requested for ZE- 158A-79 and was issued by the Division of Building and Planning on November 18, 1999 verifying AIE-5-99 staff P.eoort - January 12, 2000 Public Hearing 5of7 that the language of the original zone reclassification ZE-158A-79 was controlling and development was limited to an 80-unit condominium/apartment complex. Staff Analysis: Comprehensive Land Use Plan: The subject site is designated Urban in the Spokane County Comprehensive Plan. The current zoning implements the Comprehensive Plan as identif -1ed in the Comprehensive Plan Urban Category The site has access to urban level services such as public water, public sewer, electrical power, telephone and lies adjacent to Pines Road, a heavily traveled County Primary Arterial. Zoning Analysis- The subject site is currently zoned Urban Residential-22 (UR-22). The site is located over the ASA overlay zone and is within the UTA and PSSA, and Airport Overlay Zone. The subject site is not located in a neighborhood Association overlay area The zoning of the proposal is in conformity with the general zoning trends of the neighborhood The site is bordered on the North and West by UR-3 5 zoning and to the South and East by UR-22 zoning. The owner requests that the conditions of ZE-158A-79 be interpreted to allow the construction of a Church on the site The subject site's zoning of UR-22 generally permits churches as an outright permitted use as per Chapter 14 605 of the Spokane County Zoning Code. The subject site's zone reclassification (ZE- 158A-79) as conditioned precludes any use other than the use of the site for condominium development (see Division of Building and Planning Administrative Decision of 11-18-99). Conclusion: AIW-158A-79- The Administrative Decision of 11-18-99, which is attached, states clearly that the language of the conditions of ZE-158A-79 are unambiguous and the site, as conditioned, appears to be limited to the development of an 80 unit condominium. Although the UR-22 zone generally allows for the churches , the property remains subject to the conditions of approval for ZE-158A- 99. On page 4 of the Program to Implement the Spokane County Zoning Code it states that "Spokane County wishes to take steps to recognize the existence of "contractual conditions" designed to protect adjacent owners of land and the general public interest, all imposed by the County during the licensing or permitting process. These conditions, or contracts, run with the land and were imposed at a public hearing through careful deliberation and in the public interest " Attachments A. Maps • Vicinity Map • Comprehensive Plan • Zoning • Site Plan B Administrative Decision, file no AIW-6-99 C Conditions of Approval D. Agency and Public Comments E. Critical Area Studies • None aia-6-Q9 Staff Report - January 12, 2000 Public Hearing 6of7 0 A I TACHMENT A MAPS Vicinity Comprehensive Plan Zoning Site Plan ZE-158A79 Vicinity Map I I Cc ntr71 I I I I j 71% n ~ I E` $itt:C lj.d < Tutt + Fruit }yli •nt I - ~ _ 7'- f _\v I ! 5 _ Y+ J ~r v sl `~1a„-P~Sow o all L I I ~ s ~ _ q 0 11'1l.li,'I1,1 1 ~ 1 ry ~RL1pt~ + 1j", nvn - II t,,,lli I Yucll J ~ nr -t i 1, 11,11, Y'iJ,+f ei `at'31 - i J 1 I C)Ili II'~r,t i.+ rl'1,1 1 j 9 !C SsJ a: ~ 11" t r y z 1+j1" I++ i I JJ1 1 ,+111 +'rlt+''' ` tl I ,tl+' ,111+' ' 0 ~ ' ' , = I 1111' 1 ~ a.. I II'tl 't I U•1 ~wil s7•! ~ I' Af6calZeauPk lslaa If Ia. J v t Inntrn .4; i'k y~ I ''jll t,lllll,nt„1j i, 11,'111 V "rl, i \ ar dre'd s 0411 g^+ A1x>.fdJ CL) Kr Li mt FFRI~ I If J•10P1 9 ! ~ -A FI , T ti .CSiR Imo,, I ~ P r.~y I ~ / I I•..~I,.n I,.t i Lon Jam. TI( J ! 7t L rl 39-1 Up" IJO . Aftj _Ingfidd ILM i v I Lc " ft I V, ~IIOT - t" _ 211\1" :2 1 Ad _ R 7J' C.i r ' 1 .7 P.yr~],k ` C~~ III" I ;7. ^ry vC-~ ts; Rl~aslde ; A R~ uE I ( e~ c i~ ~I J C ( j 3 I L 22 23 - Scale : 1 inch - 2333 ft OV03/00 Vicinity i`•1ao ZE-158A 79 Comprehensive Land Use Plan f i l l I I I Hc. ,v l I I ~ I I I i t / I j1 ~1 •A~, ~ iZiCii - , ,r,'I"♦ , CIS ILI MI ,,11,1+, +,,1• 'Ali I;,I,I,I •r 10, ,I II ',0If If. t 1 - t 1~a A\C Mom„ Pk •1, i i; ~ Illlllltil Illt III,' II I 111111 I I I II I I I I I I! I IJL IIII III ~ I I I I 1 III I I I I I I ' V I I I I i i I I I I I I LI I!! 1 1 11 I I -1-1-H 1 ft III l i I l i l f I( I~~ I III f 1111111 I I I I lild,.l~!!I11 I I ...III ( IIII IIII I II I Cc) I , , rl 1 ~:oo I o I w ~ ti12nsriet I w ( a S)n n y ~u ~ ~ I ~ ~ II iy C Mil 11 n _ ~ lip- 1 I rll ILA- i I III Jill ~ - - - - ~ - - - - illll ~I I I I l i l r 1= IIII I I I Ir E--' I I, I I I I 5 EE t i~pwi 11 1Y III III I'I r_i T I 00 LU Scale . 1 Inch - 1250 R 01105100 Comprehensive Land Use Plan • Subject Property within IUGA. a- - Subject Property within UTA l l l Z Subject Property within PSSA Subject Property within ASS: ZE-15 8A 79 Existing Zoning ,1111111, 1 I R-3. R_3: 11117 •1 ~ i R_ SRRi UR-3.5 '1,;,171'11 1 UR~ 11 , 11 11 -2 1„1,11 B-21 1111,'111, 111;1' 1-3 l'"1'' l i l R 122_ . 11 11 1 1 11 1111' 1 1;' 1;' 7 '111'; 11;711;,,71;1j1 1 1, B-2 ,1111;;,11,111,,,11,,, ' h1Z '1j 1~1~, 1,11 ~R-2~ U R-3. 1 1111 7„ ' ' ' 1 ' 1 ' ; - 1'11;•..;1''' • UR-3'a~;1~;11 B-2 I-2 _ ~2 ''1'II M' 1, 1 I , ',17,111 -2 ,717,7',7,11 \ \ \ 1-2 -3 , 1 1 1''71'1'' .5 1-2 ~ 2 B-2 1 I-2 B-2R;' y 1 1-2` 1 _2 B-2 3 1 11;1..1 ~ 1 I1 11, \ '11 1111 I R-3. -3 '1711''71''1, '11;111 16.3 -~1%/ U 22 1-2 ~ R•7 ~ sU '3.5 ( rr' lot -3 I I I I I I I I I I I{ I I+! I I I I I I i I f~ I-2 IIII III III IIII III I I I I I I ~ I I V I I I ~ I iii 1I I ~1 1 1 V I I I t l 1 _ I-1 I l t I 1 1 V I I I /PR-~.5 UR ,3 5 , ~II) ~ ~ IIIIIIII III II 111111; I ~t1F~`3JR=315 I i I I I ►"III U~-3.5 (I ,-3.~ RR 1 I III I I I I URr3~51 I I I t1R-3.5 i UR-22 %~'1 I !JR- ( 77 I 1 -22 lie-, .5 U R -3.5 10 I _ U UR-22 UR-22 ~ U R-22 - I UR-22 : [I UR- 2 UR-22 UR~22 1-2 11' I UR-3.5 fl-3.5 ,l RR-10 L~ a s ~ I I ~ f~ ~ U x-22 UR-22 2 I BUR-22 UR-22 + S # `Ec tl UR-22 a ~ ~ '22 I I 3: ~iUR-3. UR-22 p~"i41~ o ~lUR-2 UR_2.2-- ~R-22 UR-22 u--k~R a9 R-- U'-2 2 ' R"3! ' 1 UR ' R-22 l I X1.2 ~-2 3.5 2 1 ' 1 I-B-3 / 1-2 RR•10 I-2 i' B-3 U R-22 -2 1-2 1-2 1-2 '3 I !;2 ii 8.3 I.2 ~ I-2 1-2 J-2 7 TL 1-2 12 11-2 I 1 Sale , inch - 833 ft 01105/00 EYls~ng Zoning &99 Proposed Site Plan X 65 x~~ ff 5 J y r"yR r; 8 1 a en r 0 i.r7iy~ o ~J a. y CD i9 -3y 11 Imj 7{ LqT- 0 -a 0 C. C) I _ f U C L TR r ~ ! ~ ~ +3~ ~ I VI r an ~kC IY ~7 l~ ~ s C/D -f cn ~ 011 : LA f I ' l 1 r C1 ~ trams 4 ^ r I ! b bib d~ . -,34 Z C-) 4:1 2S nom. - d 7 SIviS S C aN.ati y C 'F ~ ~.f f~Gt ~ ~I ~ ^ fi •v~ qCiA aka f _ ri n C n C C n ~ 3f3 C'7~,~L CS~yi,h~n~~ CwrA ! r~ ray Q V`sn""otni +aw~ ~~c LJ O'er 0 6 ~ ~ a ~ n Cy Inc, - ,nZ:~ sago eQ~e°-_ rs .i J, Mr z?~ km u r~ C.IA O ~7 y s 'C L^~3K ~ AC a 77 y } o- A % J Q W m { h NOt to Scale 011106100 N - ICinl 2p ATTACHMENT B ADMINISTRATIVE DECISION - File Number AIW-6-99 4 S I~ O K A N trws% C O U 1 B U I 1 0 11\1 C: AND 1'LA,Ni\nING A Dnvt$toly OF Tr:= i U13UC WORX5 DsPAjz -r Jame, L. Manson. C.G O, Director Gary Oberg, Director , November 18, 1999 Jaynes S Black LiR ns 8_ Anitts, P.S 1000 Washington Trust Financial Center 717 West Sprague Avenue Spokane WA 99202-0 _co RE 3001 Nord) Pines Dear ivfr Black- After our meeen J ,,•ith Rob Binger of the Prosecuting Attorney's Office and upon receipt of your request for interpretation I re%ieived the zone change file wid'i ivfr. Manson and once again with N, r. Binger Although a churCn is a per nutted use in the Urban Resicienrial - 22 zone and &,e original I U111-family Suburban zone, i, e feel the resu fictive conditions (ZE-158A-79} would preclude an}' use other than an 80 unit conclor'iluJiL.nl Ps specified in the findings and order Please note that t;-Ins deternw-r)ation is nlade pursuant to section 14.504 040 of t1he Spokane Count}, Zoning Code. The zonirl~ cod_ provides that an Adnlintstratave Decision nlade pursuant to this section is appealable 1 days a delineated in section 14.412 0"-_1. Should Voin have any further cluesnon please feel free to contact me at 477-3575 Sincerely, )effrev E Forr1 Senior Btntldtng Technician Jn-r/Isc C hill ATTACHMENT C _ CONDITIONS OF APPROVAL RECOMMENDED CONDITIONS OF 1 I APPROVAL FOR AI E-6-99 tf~ "u t~~~ II1 DIVISION OF CURRENT PLANNING PH 477-7200 SPOT<-~TE COUN=, 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 proposal shall comply with those conditions of provided by the Spokane County Division of Engineering and Washington State Department'of Transportation 3. The proposal shall comply with the Urban Residenti2l-22 (UR-22) zone as amended. ATTACHMENT D AGENCY AND PUBLIC COMMENTS I"' OFFICE OF THE SPOKANE COUNTY ENGINEER 0-+ 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243 01;1.1 ;16 k SrCN cor-~-rl "ENGINEER'S CONDITIONS OF APPROVAL" TR ZONE TO: Spokane County Building and Planning Department FROM Division of Engineerina & Roads DATE January 5, 2000 PROJECT: Appeal of Administrative Determination that previously approved zone change was for the sole purpose of condominiums FILE 4r4r: ZE-0158C-79 Hearing Date: 01/1212000 (08/09/1984@9:00 Sponsor/Applicant: MISCHELLE FULGHAM Section Township Range: 09-25-44 Planner. RON HAND Technical/Review Date: None The Spokane County Engineering Department has reviewed the above referenced application. The following "Conditions of Approval" are submitted to the Spokane County Planning Department for inclusion in the "Findings of Fact, Conclusions and Order/Decision" should the request be approved. 1. Should the appeal be upheld, Spokane County Engineering is requesting that a traffic distribution letter be submitted for review and acceptance by Spokane County and WSDO T prior to the release of a building permit for the church. Review of the information may result in the Preparation of a traffic study further to address trafic impacts and/or required mitiaation to the Pines Corridor END CC: C•n~r py~7 J Washington State Eastern Region y fair S:reet Department of Transportation 27 s^ N okane l, Vvia 99207-2090 Sid Morrison Secretary o, Tra-:scc,a~jer. (SQ°) 332e-6000 January 5, 1999 'Mr. Ron Hand Spokane County Planning Nest 1026 Broad\i'ay Avenue Spokane, WA 99260-0240 0-5,j Re: AIE Appeal of Administrative Determination that previously aDDroved zone change was for the sole purpose of condominiums. Dear Ron; The Washington State Department of Transportation (WSDO T) has reviewed the information that was submitted on the above proposal. Consequently, the following conditions of approval are submitted for inclusion in the findings of fact, conclusions and order/decision should the above request appeal be upheld. 1. Access to Pines Road (SR 27) will be limited to two access points as stated below. A valid WSDOT road approach application is required for access at these rivo locations. An engineered design of these access points shall also be submitted for WSDOT review and approval. • One access point shall be at the north property boundary. This access will be shared with Trentwood Elementary, this is to be a signalized intersection in the future. • The second access point will be approximately midway between the property's north and south boundary lines along Pines Road. Due to channelization in Pines Road this access point will be limited to right in and out only. The access design will need to reflect this restriction. 2. Dedication of right of way to WSDO T for a turning radius and location of WSDOT traffic signal equipment is also needed at the sites norther)}T access to Pines Road Due to the proximity of Pines Road, site drainage plans need to be re~-ie«-ed by WSDOT. . That a traffic distribution letter be submitted for review and appro~ al by WSDOT and Spokane County prior to the release of a building permit for this site. Re\~ie,,v of this information may result in the preparation of a traffic study to further address traffic impacts and/or reouired mitigation to the Pines Road (SR 27) Corndor. 1 I~ir Hand January 5, 2000 Page 2 If you have any questions on this matier, please feel free to contact me at 32'-6199. Sincerely. Greg Fi2Q Transportation Planner cc* Al French, Applicant's Contact Scoii Engelhard. Spokane County Engineers Project File Hand, Ron From: Hemmings, Sill Sent: Wednesday, December 15, 1999 12-113 PM To: Hand, Ron Cc: Enaelhard, Scott; Kimball, Sandy, Sims, Brenda; Miller, Katherine; Darrell, Virginia; Davis, Tom B&P Subject: ZE-158A-79 - Mischelle Fulaham - Change of Conditions 12-1-99 I have no comment on this proposal and I consider the proposal to be technically complete Pace Al 10:;,2AM FROV--SCAPC„ i-17H F 03/04 F-573 SPOKANE COUii Y n CLEAR%W:~tR AIR POl! U~Wl y r- o K A . CONTROLAUTHORITY W£57 1101 COLLEGE SUITE 503 • S~OkAN=. YJA 94101 (509) 477-:727 F-': X509) 477•£222 Date: Z? - ---2- c:~- - 479 To: ❑ Mr. Jeff,' Forry _ FH Ms. Francine Shave Spokane County Division of Buildings c Planning 1026 W. Broadway Ave. Spokane, WA 990250 From: Mr. Charms E. Studer Re: SCAPCA REQUIREMENTS FOR: File No. z ~ - / S8'~ - 7 9 Proponent/Project Name: ~ ~~•c ❑ (Reauest for Comments on ❑ (Comments on Hearings Examiner Public Meetina cn ❑ Comments on Determination of Nonsiciniiicance Issued on The Spokane County ;,;r : cJluion CenUCI Autncrfrl (SC r'.-%+) vl=` `crimed ur,CAr the alJrcri;y of the 1967 Clean ,;,r tic: of Wasninc? on (r= CL1.~_ That Act rvqurrcd =untiss, lilts Spokane County, to activate local air poll-lien ccnycl agencies. To rest the r9quinments of that Ac., SCAFCA adopted regc,1a11crs tc control tl-,e emissions of air contaminants fr,-,m sours wid-,in Scokens County rrAons cf Sparans County arl to meet feCerrl health staneafus h- ,r Wl culat9 srnis,'c.crs (dl$t and 2r71-1 carocn monoxi,-'e. Nun, erous strrt95)As have been impiemen!ed to reduce air r,-oi icn enissrons so that w° can k-,.aru, air q!.'2lny end mE?t health Si2nG2~S Follo-aing IS a list of ccncarnlsscsas that, at s minimum, napd !o be aGdrrssed forrrt;FO: er' prol?cts r',ccs;rcral commsrts may result after mora c"et211ed )niorr,atuon of the protect is supplied. scAPcA ancoJrraes prcponerts to ccn:2c: their chess at S~ 1109 West C:.li~ge, ✓cran . VIA 9c201 foJ' ar'dtUOnal infcrr,•)aticn. Fhe followina conditions are rel_vant to proposed project. H=rvesting of 'Umber creates silvicultural debris. Consistent wish Si?te policies and reauiabcns, 21trrn2dves to burning should be ex2riined The preferred 21ternate disposal metrcds in tie following order are; sl2sh producbcn minimiz2don. slash ublu-:_tion, non-burning cisposcl and siivicui~~ ~l buminc. If bur;iino is the only reasonable disposal method then it nust be done in accordance witn all acclicaole regulations, end conduc*d in 2 manner !hat minim, s`es smoke Wated nuisances and 2ir polluiicn • Washing-on Siat= Reaulct'on 171-'00- i 10 r_quires t,at 2 Norice of Cons uciion and Applic uon for r~+t)pfOVcl be submit:ed to anc~2oproved by cur Ag_ncy prior ,J the construe!:cn, in!szalla,on cr esca.cllshment of an air pollution source it is possible that the following air pollution sources may by present a1. t;ie proposed facility: One or more fossil fuel (natural gas, propane, but2ne, diesel, fuel oil, cr was.e oil) or wood burning heat sources. Natural 92s/propane/butane burning t:cilers, heaunc unis, or hot ~7E.Niz-RU'L CC 1-0 EVI C:C M E M 0 RA N D U M DATE: December 30, 1999 TO: Ronald Hand; Plann;n? 1 FROM: l~atherine l~Ii~ller. E' 1 and vninr Darrell,~P E_,Storm~~ater utility R E: Change of Conditions to ZE-158A-79 CC: Please inform the applicant that during the budding permit process the development will need to conform to both current Road Standards and Guidelines for Stormwater Management. We have no object to this change of condition as long as drainage issues can be handled according to current regulations/requirements K 'S _r m<s `e. -e=5 e i :ca7P c To: RON HAND (Building & Planning) CC: From: JIM RED (Utilities) Date: 12127/1999 Subject: ZE-0158A-79 Stage: Hearina Examiner z. Phase: Change of Conditions 3001 N Pines Chance of Condition ss09 A wet (live) Sewer connection to the area wide Public Sewer System is to be constructed Serer connection permit is squired Commercial developments shall submit historical and or estimated water usage prior to the issuance of the connection permit in order to establish se:"Jer tees ss 2a Applicant shall submit expressly to Spokane County Division of Utilities under separate cover", only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval Commercial developments shall submit historical and or esiim2ted wafer Usage as par of the sewer plan submittal A 30' public sewer easement to extend from the east end of Fredrick to the point of connection to the sanitary server system is rc3Uirc ' a d. Please contact Mark StItz7 of jthis office concemina this requirement. ss12r Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of the sewer construction permit. ss15a Arrangements for payment of apolicable server charges must be made prior to issuance of s`wer connection permit. Sewer ch2rees may include special connection charges and General fcC;IIt1ES charges Charges tTiay be substantial deDerlding upon the nature of the development. Please contact Dean Fowler of this office concerning this requirement. ws01 Any water service for this project shall be provided in accordance with the Coordinated ti~Vater System Plan} for Spokane County, as amended r 12/21/99 TIT 10:13 r~s S09 3°" '1~~ SPOFk' VALLEY FIREDFF"T 4-- PLC\NTNG L?1002 t oKANE VALLEY FIRE DEPARTMENT SP Spokane County Fire District 17C~ , r,.x(~x) ~ -~~~s 1C31? E~Si ~-!'ti,GL'= :,v` SPOKANE. WA 99206-7-676 676 (-c') 92H- p-_t HLynphries Chls` December 211 , 19S9 Rory Hand Deo cement o1 wilding P12nnir-10 1020^ W- Broadway Spokane, WA 992 RE: Ch_nat of Conditions - ZEA 58A- 9 Dear Mr. amnd: Department has no o~jecticn to this propcaed ci ranee of Yfic Spokane Valley Fire De conditions. Sincerely, Kevin Miller Fire Inspector ~Qv,/dc t e S P O K A N E rte, C O U N 'T Y OFFICE OF THE HEARING EXAMINER MICHAEL C. DEMPSEY, CHIEF EXAMINER December 29, 1999 Mischelle R. Fulgham Attorney at Law 717 West Sprague Avenue, Suite 1600 Spokane, WA 99201-0466 RE: File Nos. AIE-158A-79/ZE-158A-79; Consolidation Issue Dear Ms. Fulgham: I was recently advised by County planning staff via E-mail (copy enclosed) that File No. ZE-158A-79 is not ready for hearing, because the subject change of conditions application has not been deemed technically complete and notice of application has not been issued. In reviewing the file, it further appears that the SEPA review process has not been completed. Under both chapter 36.70B RCW and the County's land use processing procedures implementing such statute, adopted under County Resolution No. 96-0293, these processes must be completed before a land use application may be scheduled for public hearing before the Heanng Examiner. Please be advised that some weeks ago I was contacted by County Division of Building and Planning staff and asked if I had any objection to consolidating the above files for hearing, since they involved the same land and applicant, and similar issues. Believing that both matters were ready for hearing, I replied that I had no objection to such consolidation. While staff should have advised me that File No. ZE-158A-79 was not ready for hearing, it would have been prudent for me to examine the files to ensure that both applications were ready for public hearing. Section 6 of the Hearing Examiner Rules of Procedure, adopted by County Resolution No. 96-0294, requires the Division of Building and Planning to coordinate the scheduling of public hearings with the Examiner. More importantly, such section authorizes the Examiner to consolidate applications for hearing that involve the same or related properties, "[w]hen practical and not in violation of ordinance or prejudicial to the rights of any party". Under this authority, I find that the above-referenced matters should not be consolidated for hearing at this time, and that it is inappropriate to hear File No. ZE-158A-79 on January 12, 2000 as previously scheduled. THIRD FLOOR PUBLIC WORKS BUILDING 1026 WEST BROADWAY AVENUE, SPOKANE, WASHINGTON 99260-0245 PHONE (509) 477-7490 • FAX (509) 477-7478 • TDD (509) 477-7133 DOC. 19 AIW-15 8A-79/ZE-15 8A-79 December 29, 1999 Page 2 My regrets for the confusion this has created for you and your client. I am certainly willing to consider an expedited hearing date for File No. ZE-158A-79 after it becomes ready for hearing, depending on whether there is still a need for such hearing after resolution of File No. AIW-158A-79. If you have any questions, please feel free to contact this office by mail or telephone. Sincerely, ~J Michael C. Dempsey County Hearing Examiner (WSBA #8235) Enc. C Ron Hand, Francine Shaw and Jeff Forry, Division of Building and Planning Gary Oberg, Public Works Director Gerry Gemmill, Assistant to Public Wooks Director Rob Binger, Prosecuting Attorney LUKINS & ANNIS, P.S. A7roRNEYs AT Law 1600 WASHuNGTONTRuSTFtNANciAL CENTER - 717 W SPRAGUEAvE. - SnxANH, WA 99201-0466 PHONE (509) 455-9555 - FAx (509) 747-2323 M.ischelle R Fulghaln Admitted Tn Idaho and Washington Email address Wulghaun u@Lukins com Direct Fax (509)'363-2478 December 23, 1999 Terri Millspaugh Spokane County Building and Planning 1026 W Broadway Spokane, WA 99260-0050 Re Tech Review Dear Terri Thank you for providing the complete packet of information for the Tech Review In examining that documentation, I noticed the Change of Conditions for a Previously Approved Zone Change form, which I prepared on December 2, 1999, contains an error Under "Proposed Change of Conditions," the word "not" should be inserted on the second line in between "is" and "within. " Therefore, the "Proposed Change of Conditions" should correctly read We contend it is not actually a condition because it is not within the "order" language but is merely stated as part of the "proposal" from the 5/15/80 decision, however, we are requesting the removal of the alleged condition "the sole purpose of condominium development " Could you make this change on the application form by inserting the word "not"? I am including a revised copy oft 1e vI artge V- -LP luitIons for a Previously Approved Zone Change form indicating the insertion of the word "not " Thank you for your continuing assistance in this matter Very truly yours, M- SCHELLE R FULG MRF. dfs Enclosure (revised Change of Conditions For a Previously Approved Zone Change) \\SPOKANEI\VOL2\15DOC\LDFS01- T-MRF DOC SPOKANE - COEUR d'ALENE - MOSES LAKE DOC.18 Y SPOKANE COUNTY PLANNING CHANGE Or CONDITIONS FOR A PREVIOUSLY APPROVE, D LONE CHANGE D~(c L2_ Z Application No. g Name Of Aliplicant/Rcpreserntativc: a ftn Mailing Address: \1~1 Is LUG ~ ~ 1 co ~Q- City- - Statc: zip: ((4 1 P h o n c : (W o i k) (m o m e) Existing Zone Classification: Date Existing Zone Classification Established: Legal Description of Property: 1 • Pl'leS C~-t01'1 -2 5 W L~< Scchon 1,ownshih Z _ lZangc c Source of Legal: 4 Pay cel No.: ----,<J) 0 ~ I . PROPOSED CHANGE Or CONDITIONS Rercrc!]ce spccirc "Condition s " of original a pproval. (Cite the applicable condition frol]] the Findings and Order of the Hearing Examiner Committee's public hearing). ~s c n A_, Of) ~j z cl-t Givc detailed explanation of request for change in status of the proposal. CA I -C If clcveloh,tlent of the site will be cl]angccl substantially by this request, or the property has boundaries diffeicnt than originally proposed, a revised development plan must be submitted n ---t i~ Auv A ~S1gllillule of Applicai] ~o~ Agent Address If Cliffeient than Applicant l.uv. 8/93; Sam DOC. 18 PUBLIC NOTICE PACKET ACKNOWLEDGMENT I picked up the Public Notice information regarding vision of Building and Planning File No. ZE-158A-79 on this day of , 1999. The public hearing is scheduled for January 12, 2000. I acknowledge the following information is included in the packet which I received. Public Hearing Notice Instructions "~VMerno to Title Company Title Company and Applicant Certification Assessor's Maps with 400' Boundary Notice of Public Hearing/Vicinity Map/Site Plan Reduction (Mail out all _3 pages) Memo to Mortgage Holder,'Lender (I acknowledge I must fill one out for each property affected by a mortgage) v Sign Requirements and Instructions SEPA Information for Sign (Red Supplement) Affidavit of Mailing Affidavit of Posting Note: Legal notice must be provided per attached instructions no later than: December 27, 1999 The above completed information and exhibits shall be returned to the Division of Building & Planning at least 2 days prior to the Public Hearing scheduled for January 12, 2000. PRINTED NAME DATE: 1 ~ 114f SIGNATURE: 16 DOC.17 NOTICE OF PUBLIC HEARING SPOKANE COUNTY HEARING EXAMINER TO: All interested persons, and owners/taxpayers within 400 feet YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE LAND USE APPLICATION LISTED BELOW, AS FOLLOWS: Application: File No. AIE-158A-79; Appeal of Administrative Determination of a previously approved Zone Change. The applicant appeals the interpretation limiting development to the sole purpose of condominiums and File No. ZE-158A-79; Change of Conditions for a previously approved zone change limiting the site to condominium development. Hearing Date and Time: January 12, 2000 @ 9:00 a.m. Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026 West Broadway, Spokane, Washington. Owner: Pines Sewer Development Inc. c/o Tom Hamilton, PO Box 14686; Spokane, WA 99214-0686 Applicant: Mischelle Fulgham; 717 W. Sprague, Ste. 1600; Spokane, WA 99201; 509/455-9555 Address and Location: Generally located 160 feet west of Grace and South of Mirabeau at 3001 N. Pines Comprehensive Plan: Urban Zoning Designation: Urban Residential-22 (UR-22) Environmental Determination: Not applicable Deadline for submitting SEPA Appeal: DNS issued 11-7-99 adopted by reference. Related Permits: None Division of Building & Planning Staff: Ron Hand, Associate Planner, (509) 477-3675 HEARING EXAMINER PROCEDURES Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted in Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and may submit written comments and documents before or at the hearing. The Hearing Examiner may limit the time given to speakers. A speaker representing each side of the issue is encouraged. Any appeal of the Hearing Examiner's decision will be based on the record established before the Hearing Examiner, pursuant to County Resolution Nos. 96-0171. Envirorunental appeals will follow the same procedural route as the underlying action. All hearings will be conducted in facilities which are accessible to persons with physical disabilities. Inspection of File, 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 Division of Building & Planning, V Floor Permit Center, Public Works Building, 1026 W. Broadway, Spokane, WA 99260, between 8 am and 4 pm, weekdays, M-F, except holidays. Copies of documents will be made available for the cost of reproduction. If you have any questions or special needs, please call the Division at (509) 477-3675. Send written comments to the Spokane County Division of Building & Planning, 1026 W. Broadway, Spokane, WA 99260, Attn: Ron Hand/ZE-158A- 79. Motions must be made in writing and submitted to the Spokane County Hearing Examiner, 3~d Floor, Public Works Building, 1026 W. Broadway, Spokane, WA 99260-0245. Y S P O K A N E o C co U zv -r - -y-BUILDING AND PLANNING A DIVISION OF THE PUBLIC WORKS DEPARTMENT James L. Manson, C B.O., Director Gary Ober& Director MEMORANDUM TO. Spokane County Division of Engineering, Scott Engelhard, c/o Sandy Kimball Development Engineering Services; Bill Hemmings Spokane County Division of Utilities; Jim Red Spokane County Stormwater Utility; Brenda Sims Spokane Regional Health District; Steve Holderby Spokane County Division of Building & Planning, Jeff Forry Fire District No 1 Irvin Water District #6 FROM Ron Hand, Associate Planner el~ DATE December 17, 1999 SUBJECT. Review and comments for the hearing of January 12, 1999 at 9.00 a m FILE ZE-15 8A-79 DESCRIPTION Change of Conditions of a previously approved Zone Change. The applicant request removing condition limiting development to the sole purpose of condominiums STR: 9-25-44 APPLICANT Mischelle Fulgham; 717 W. Sprague, Ste. 1600; Spokane, WA 99201; 509/455-9555 Note that the application and maps were previously circulated to your agency. Please review and return any comments to nee by December 30, 1999. Attachments: Notice of Public Hearing a ~a l 1026 W. BROADWAY * SPOKANE, WASHINGTON 99260-0050 DOC. 16 PHONE. (509) 477-3675 • FAX- (509) 4774703 • TDD (509) 477-7133 t NOTICE OF PUBLIC HEARING SPOKANE COUNTY HEARING EXAMINER TO: All interested persons, and owners/taxpayers within 400 feet YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE LAND USE APPLICATION LISTED BELOW, AS FOLLOWS: Application: File No. ZE-158A-79; Change of Conditions of a previously approved Zone Change. The applicant request removing condition limiting development to the sole purpose of condominiums. Hearing Date and Time: January 12, 2000 @ 9:00 a.m. Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026 West Broadway, Spokane, Washington Owner: Pines Sewer Development Inc. c/o Tom Hamilton, PO Box 14686; Spokane, WA 99214-0686 Applicant: Mischelle Fulgham; 717 W. Sprague, Ste. 1600; Spokane, WA 99201; 509/455-9555 Address and Location: Generally located 160feet west of Grace and South of Mirabeau at 3001 N. Pines Comprehensive Plan: Urban Zoning Designation: Urban Residential-22 (UR-22) Environmental Determination: A Determination of Nonsignificance (DNS) was issued by the County Division of Building and Planning, as the lead agency on November 7, 1999. The comment period ends January 9, 2000. Deadline for submitting SEPA Appeal: [note: only applies to administrative appeals to the Hearing Examiner, not to initial applications such as rezones or preliminary plats]. Related Permits: none Division of Building & Planning Staff: Ron Hand, Associate Planner, (509) 477-3675 HEARING EXAMINER PROCEDURES Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted in Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and may submit written comments and documents before or at the hearing. The Hearing Examiner may limit the time given to speakers. A speaker representing each side of the issue is encouraged. Any appeal of the Hearing Examiner's decision will be based on the record established before the Hearing Examiner, pursuant to County Resolution Nos. 96-0171. Environmental appeals will follow the same procedural route as the underlying action. All hearings will be conducted in facilities which are accessible to persons with physical disabilities. Inspection of File, 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 Division of Building & Planning, 1" Floor Permit Center, Public Works Building, 1026 W. Broadway, Spokane, WA 99260, between 8 am and 4 pm, weekdays, M-F, except holidays. Copies of documents will be made available for the cost of reproduction. If you have any questions or special needs, please call the Division at (509) 477-3675. Send written comments to the Spokane County Division of Building & Planning, 1026 W. Broadway, Spokane, WA 99260, Attn: Ron Hand/ZE-158A- 79. Motions must be made in writing and submitted to the Spokane County Hearing Examiner, 3" Floor, Public Works Building, 1026 W. Broadway, Spokane, WA 99260-0245. Vicinity Map ZE-15 8A 79 - I I Er I Su11tc1m pK 7,~c I 3 Sanwa K In L Sm= F=t wt1 32 I a a II W ~ al c I oncrdlow v r-, Will `1• 1''11 1 I 5 RD ,y iAtl) 7G 9 I - ~j11`11111 11'1'1 Wal r ' ` ''11 `j 111 11''~ I - '1111, 11,11. anti ,111, ''•'1 0 - I I1111';;;;;~~I11~`~~ 4 1'llls!b0 T, 1'111 ,11111 , 2 ,I,'11j111,II' ' 1111, ~rr! , 1 II 1 11 " 1 1111 ' I 11''1 11 .1 1~Jirab 111, Freucn _ 1. 1 1 ' q ,11 is _ c y C 7~ 11 MOM 11 I ~t n '1 0 x C• 11 111' 1 1 r 3 ~ ~ u pN u O I unlit l'lln'11111, ~ ~ u 1 111' 1 10 "wmrid, I •~I Nm 11 =Fr s ~ ~~i I s Victory \tac~c[/~ 5 , a c Se't~ a - e ShzEp 7-1 1 P- r s u r vAld s ~ I ' ~ tt o r - 3 ( a e ~ ~ ~ "ems ~ 3 I > r > << RMWNI eae s ~ s r - i o 5 I A113 ~ IYt 12/15/99 WED 13:30 FAX 509 747 2323 LUKINS & AtvNIS Z001 LUKINS & ANNIS, P.S. ATTORNEYS AT LAW 1600 WAsmmm nawF1NANCIALCOMA - 717 W SPAwGVEAVE. - SPOKANE, WA 99201-4466 PHONE (509) a55-9555 - Fix (509) 747.2323 Mischelle R Fulgham Admitted In: Idaho and Washington Email address: Nffulghun@Lukins.com Direct Fax: (509) 363-2478 December 15, 1999 VIA FACSIMILE - 477-2243 Mr. Ron Hand Spokane County Planning and Building 1026 West Broadway Avenue Spokane, WA 99260 Re: Petition to Remove Condition "for sole use as condominiums" from zone change. Dear Ron: I received your December 14`h, 1999 memorandum regarding the Technical Review Meeting scheduled for December 30'', 1999 at 1:15 p_m. I question the note indicated in bold on the bottom one-quarter of the page, indicating that "...Building & Planning will now be circulating comments for SEPA Checklist at the time of technical review." It's my understanding that this process has already been completed and that the SEPA Checklist previously completed on or about November 7"', 1999 would be utilized in this process. I question why Building & Planning would be circulating a new SEPA Checklist when we have already agreed that the recently completed Checklist would be utilized in this matter. Please respond in writing as soon as possible. Additionally, your memorandum indicated there were several attachments; however, none of the attachments were included with the copy provided to rile. Please provide these attachments at your earliest convenience. I would like to see everything that is being provided to the government agencies listed on the memorandum. Very truly yours, CHELLE R. F MRF:jaw SPOKANE - CVEVR d'ALENE - MOSES LAKE DOC.15 RECEIVED SPOKANE COUNTY J LUKINS & A.NNIS, P.S. OR X51999 ATToRNEYs AT LAW DIVISION OF SUILDING AND PLANNING 1600 W AsmNoToN TRUsr FINANCIAL CENTER - 717 W SPRAouE AVE - SPOKANE, WA 99201-0460y: PHONE (509) 455-9555 - FAx (509) 747-2323 M>schelle R. Fulgham Adnutted In Idaho and Washington Email address MFulgham@Lukms com Direct Fax- (509) 363-2478 December 14, 1999 VIA. FACSIMILE 477-4703 Ron Hand Spokane County Planning and Building 1026 West Broadway Avenue Spokane, WA 99260 Re Foursquare Valley Church Dear Ron- Enclosed are two documents which I received from Tom Hamilton's office There appear to be several errors thereon. First, the project information and contact information is incorrect. Somehow, someone has combined my name and the Lukins & Annis firm name with an address for our client As you know, I am the contact representative for the Petition to Remove Conditions from the zone change Please have this information corrected so that Lukins & Annis, my attention, and the address indicated on this letterhead is incorporated into the database or file on this matter Additionally, under project information, it's described as permit use change of conditions, long plat. T here has been no long plat application, it's merely a change of conditions for a previously issued zone change, so that too is in error Under the item description category, there is a $75 00 environmental review fee As you know, we have discussed and it is has been determined by Spokane County Division of Building and Planning that the environmental review of November 7, 1999 will be utilized in this matter and that there is no need for an additional environmental review We agree that the SEPA determination of non-significance issued by Jeff Forry on November 7, 1999 will be utilized in the context of this Petition for Removal of Conditions You will recall that when we calculated and reviewed the fees, this $75.00 fee was not included because there will be no additional environmental review SPOKANE - COL'UR d-ALENE - Moses LAKE DOC. 14 December K. 1999 Page 2 Additionally, we should not have been charged the $50 00 engineer review fee as there will be no additional engineering review The Building Department has already signed off on the site and issued a permit based upon their review of the plans for the construction of the building on this site. Our Petition to remove the words "for sole use as condominiums" will not generate the need for any additional engineering review I specifically discussed this with Jeff Forry previously Thus, as there will be no additional engineering review, that $50 00 fee should actually be refunded to my client Please make such arrangements I realize you are relatively new to the County and this matter has really been initiated by the Building Department and Jeff Forry. Jeff has made some decisions which impact your department and the processing of this file At one point you indicated that Jeff Forry had taken this entire matter back and we would be dealing with him and the Building Department You indicated he had advised "I started this whole thing, I will take care of and finish it." That made sense as Jeff was familiar with the file However, a couple of days later, you indicated that was no longer the case and that you were in fact taking the file back from the Building Department. Since then, I have been told things contrary to prior representations by the County. I would request and suggest that Jeff Forry continue to handle this matter so as to keep things consistent based upon his initiation of the need for the change of conditions from the previously approved zone change As you know, this entire Petition for Removal of Conditions merely seeks to remove the words "for the sole use of condominiums" from the zone change Nothing else is being changed in this matter. Most of the detailed information requested as part of this Application has already been provided, reviewed and performed as part of the Building Department issuing the permit for construction on the subject site. Thus, it makes sense for the Petition for Removal of Conditions to stay with Jeff Forry County Attorney, Robert Binger, also previously advised that we should "just deal with Jeff" So that is what I am requesting in regards to the Petition for Removal of Conditions I understand your position regarding our Appeal of Administrative Determination. It makes sense for Planning to retain this matter, given the fact that Jeff Forry issued the administrative interpretation we are appealing However, things have become confusing and I have been given contradictory information by going back and forth between your office and the Building Department It will economize and streamline this process by having him keep the Petition for Change of Conditions and having your office proceed with the Appeal of Administrative Decision While you claim there was no firm commitment to the January 19, 2000 hearing date, I was advised that so long as Al French got the Assessor maps in within the next day or so, then we could be scheduled for hearing examiner review that day The maps have been submitted, thereby completing the Application and we want to proceed at the earliest possible hearing date I was told the earliest possible lawful hearing date is January 19, 2000 and that that is the date I want, unless something sooner can be arranged 1 did not pick this date but was advised of such by the County So, please advise as to the time for the hearing date on January 19, 2000 for the Petition of Removal of Conditions 1 December 14, 1999 Page 3 Also, you indicated that the Administrative Interpretation Appeal Hearing on January 12tH, which we had previously been assigned a time of 10 00 or 11:00 had in fact been changed and now our hearing on January 12th on the Administrative Interpretation Appeal is set for 9 00 a m Please confirm in writing the hearing dates and times set for these two matters. I am still waiting for the due process notice materials Thanks very much for your assistance and please contact me directly with any other information or inquiry on this matter Most importantly, please insure that I am identified as the contact person with the correct address and telephone number Very truly yours, CHELLE R. FU~ AM NIRF: sab cc- Rob Binger Jeff Forry Client JSB 1\SYOKANEI\VOi,.2\15DOCILSABOGY-MRF DOC o c J A ~7 E C O LI N T Y S F. O T< BUILDING AND PLANNING A DIVISION OF THE PUBLIC WORKS DEPARTMENT James L. Manson, C.B O, Director Gary Oberg, Director MEMORANDUM DATE: December 14, 1999 TO: Division of Engineering and Roads - Transportation Engineering; Scott Engelhard, c/o Sandy Kimball Division of Engineering and Roads- Development Services; Bill Hemmings Division of Utilities - Information Management; Jim Red Division of Utilities - Stormwater Utility; Brenda Sims Spokane County Division of Long Range Planning; John Mercer Spokane Regional Health District; Steve Holderby Spokane County Air Pollution Control Authority Spokane County Fire District No. 1 Water District: Irvin Water District #6 FROM: Ron Hand, Associate Planner 0/ RE: ZE-158A-79; Change of Conditions of a previously approved Zone change. The applicant requests removing condition limiting development to the sole purpose of condominiums. Zoning is UR-22. TECHNICAL REVIEW MEETING December 30, 1999 AT 1:15 P.M. DIVISION OF BUILDING AND PLANNING 1St FLOOR CONFERENCE ROOM Please review the above application and use the attached TECHNICAL REVIEW MEETING FORM for your comments. The Division of Building and Planning encourages you to attend this meeting. The sponsor and representative have also been invited to attend this meeting. If you cannot attend, please forward three (3) copies of your review comments on the attached form to me for the meeting. The attached TECHNICAL REVIEW FORMS will be given to the sponsor at the meeting and included in the Division of Building and Planning file. Thanks for your cooperation. If you have any questions about the application, please contact me at 477-3675. NOTE: The Division of Building & Planning will now be circulating comments for SEPA Checklist at the time of technical review. This will be the only time you will be able to comment regarding the SEPA Checklist for this project. C' Pines Sewer Development, c/o Tom Hamilton, P.O. Box 14686, Spokane, WA 99214-0686_ Mischelle Fulgham, 717 W. Sprague Ave., Ste 1600, Spokane, WA 99204-0406 Al French, Architect, 124 E. Walton, Spokane, WA 99207 Attachments: Technical Review Form, Project Application, Site Plan, Vicinity Map, SEPA Checklist 1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0050 PHONE: (509) 477-3675 * FAX: (509) 477-4703 • TDD: (509) 477-71M DOC. 13 L ~ a Spokane County Division of Building & Planning Technical Review Meeting Meeting Date and Time: December 30, 1999 @ 1:15 p.m. Project File No.: ZE-158A-79 Project Location: Generally located 3001 N. Pines. Adjacent of and West of Pines and South of Marabeau St. in the N.E. `/4 of Section 9 , Township 25 N., Range 44 EWM, Spokane County, Washington. Comprehensive Plan: Urban Project Description: ZE-158A-79: Change of Conditions of a previously approved Zone change. The applicant requests removing condition limiting development to the sole purpose of condominiums. Zoning is UR-22. Parcel No(s): 45091.9001 Owner: Pines Sewer Development, Inc. Applicant: Mischelle Fulgham Project Planner: Ron Hand DOC. 13 a TECHNICAL REVIEW MEETING SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING Date: Department: Department Contact Person: Action: ZE-158A-79; Change of Conditions of a previously approved Zone change. The applicant requests removing condition limiting development to the sole purpose of condominiums. Zoning is UR-22. TECHNICAL REVIEW MEETING: DECEMBER 30, 1999 @ 1:15 P.M. Note: The following information is to provide the proposal sponsor with primary agency comments to assist the sponsor and aid the processing of public hearing items heard before the Hearing Examiner. The following information does not provide a complete or binding final review of the proposal. This will occur only after the proposal is accepted and placed on the Public Hearing Agenda. The acceptance of the application and scheduling of the application on the Public Hearing Agenda is the primary function of this meeting. A secondary function of this meeting is to provide a preliminary review of the application. This will provide a forum for the sponsor and other departments of what to expect as standard development conditions and design recommendations. The comments received are based on a preliminary review of the application form and site plan by the Departments and Agencies which have been circulated the information (not all agencies/departments have been contacted--only those who have been determined to have primary interest. 1. a. Does the application (or can the development) meet requirements to be placed on the Public Hearing Agenda? ❑ YES ❑ NO b. If no, what is lacking? C. Public Hearing Schedule: Hearings before the Hearing Examiner are scheduled upon determination that the application is complete. Items will be scheduled for the first available public hearing. 2. After a preliminary review of the application what "Conditions of Approval" would be required of the development? (Attach conditions if necessary) 6 Vicinity Map ZE-4 58A 79 - I cr p i: Con 3 ` I Ruu Ffi0 32 I _ W ~ W I ~ B1md T L«~ y I I 3 1n 5 r 3 '111111,,1 j t'1 .,111,1j';ti'' I 3 m ' W R° a ,,1111 r II', Wa! 1,1, r'''''' 111'1 muf ~ fill 1 I ' 1 , [s Q I T IIIIj1~111111j111111 111' tl 1 he O 2 ,I,It11'1t, 11' 1,1,1 ~IL I II 1 11...1 11 „1111111 r~~',, ,'r''' 1'1 1111 ' 'Ir'll 1' 111'''1 drab 'I . 1 21 CA= ;II c ~ ~ ~ 111 t c „ s x r ~ c I ' '''I1I1111'II'Il'I11111 3~ ~ m '111'11 1 _ o _I 10 ^ I I 1gomCfy ' O - N U= .,1 _y Yianrv Diu a¢I!J Smt c L ~ t - c sham F c. 3 t lams _ , a k)n CL M. In ® °s C m Bramw RMALU O In1>) S gfidd c s j AIkI ~u y S 6 IYC n - q (lllx ~ ~ v DOC.13 4 =f~? naT , ona Z Design r_ ; S03-433-171 4 22/02/°x° "f ` ZOA P . 0G2 r ~~•C~ ~ I I 'f 1 I MARIBUA:rO,N~ CIO' I I I I I II I I I ~ I II ~ I ! I I I ( i II ! ;t co 111111 l II I f li-ti flllrr ~ I I m I IN p.c: 29 STntL'. 20 SfAil.5 G N, --I A u jilu 1 ur- - I O _ E 1 +Tx, • Igo I I I"' N I~ „ I I I try cloo • f S' 1 -0 E/-~TTC~ ~ I I I ~ I -0 n mm" I I L C-<Ms I I1 1,1 V-2 7/16- I ~ ~-oo I N ~ 0 .I MONUMENi I r T;~^- ~u I r SIGN I io TYrC i LAb0 catW,c STRAP c~ ew' REOUIRED PARKING - CHURCH REQUIRED PARKING FOR CHURCH I I I I 1 STALL/ FOUR SEATS SANCTUARY SEATING = 400 REQUIRED PARKINS = 100 STALLS PARKING PROVIDED 116 STALLS PROPOSED VALLEY FOURSQUARE CHURCH (k)PPROPOSEEDD SITE PLAN NORTH SCALE: I " = G0~-0. 0 30' 60' 00 ~ t RECEIVED SPOKANE COUNTY 12/13/99 DEC 13 1999 DIVISION OF BUILDING AND PLANNING BY: Mr Tom Hamilton P.O. Box 14686 Spokane, WA 99214 Spokane County Building & Planning 1026 W. Broadway Ave. Spokane, WA 99201 Attn: Jeff Forry Please accept this letter as my authorization to convert the Four Square Valley Church Project to the Four Square Valley Condominiums located at N. 3001 Pines Rd., in the Spokane Valley. If you have any questions please contact Bob Flory of A & A Construction. His cell phone number is 990-4363. S mcer 1 , Tom Hamilto DO NOT DESTROY DOC. 12 j- -SPOKANE COUN1 i DIVISION OF BUMDIA G AND PLANNING 1026 W. BROADWAY • SPOKANE, WA 99260-0050 (509) 477-3675 SITE INFORMATION PROJECT LiNFORIIIATION Site Address: 3001 N PINES RD'roject Number: 99010483 Inv: 1 Issue Date SPOKANE, WA 00000 ermit Use- FOOTINGS/FOUNDATION FOR MULTI-FAMILY Parcel Number. 45091 9001 Applicant A & A CONSTRUCTION Subdivision: RANGE Phone. (509) 9904363 Zoning UR-3 Urban Residential 3 5 Address 202 E TRENT AVE SPOKANE, WA 99202 Owner CHD INC Address PO BOX 13717 Contact: BOB FLORY/A & A CON Phone. (509)990-4')6') SPOKANE, WA 99213-3717 202 E TRENT AVE Inspector GEORGE KRIENKE SPOKANE, WA 992 Water Dist IRVIN Setbacks - Front. 167 Left: 106 R,gbt: 50L Rear. 50+ PERMIT(S) Building Permit Contractor. A & A CONSTRUCTION & License AACOND1134LE New Building FOUNDATION/RI A-3 VIN 0 COivt~1ERCIAL VALUATION S56800 PL.I1113 PLAN REVIEW FEE $36920 Dim. \ Stores Sq Ft 20,400 Total Value: S48,50000 COt~LeLiERCIAL SURCHARGE $206 18 STATE SURCHARGE $450 Total Pemut Fee S1,14788 PAYMENT SLTNLMARY Page I of 1 NOTES PERMIT By: FRAZIER, CAROL R110 BELOW GRADE INSULATION PLAININNG RELEASE PERR DISCUSSIONS W/ROB BNGER Tran Date Receipt # Pavment Amt 1/01/1999 9660 $1,14788 Total Fees AmountPaid Amount0w)na $1,14788 $1,14788 $000 9 DOC.11 s ' a • DETERMINATION OF NONSIGNIFICANCE - "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): 99009860 DESCRIPTION OF PROPOSAL: Grading for future church OWNER: Pines Sewer, Incorporated CONTACT PERSON: Al French (509) 489-1331 LOCATION OF PROPOSAL: 3001 North Pines. Section 9, Township 25, Range 44. LEAD AGENCY: SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING DETERMINATION- Review of existing development regulations, proposed zoning, and typical recommended conditions and or mitigating measures indicate likely that the State Environmental Policy Act Determination will be a Determination of Nonsignificance (DNS). A final determination will be made on k -7 ICA 01 , after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. A DNS is issued under WAC 197-11-340(2) There is no comment period for this DNS. ru-#n#MmTiro-fV#"-#nr"trurtur##r#r#r## tar####i##l #rarr rvr###t##r#r#i####i########r##i###r##r#i# #t##r### By: Jeffrey E. Forry Title: Senior Permit Technician Phone. (509) 477-3675 Address: Spokane County Division of Building and Planning West 1026 Broadway Spokane, WA 99260-0050 DATE ISSUED. ` Jl I , 1999 SIGNATURE- ####################L#u##====rrn######################################################################### APPEAL OF THIS DETERiNIINATION, after it becomes final, may be made to the SPOKANE COUNTY DIVISION OF BUILDING AND PLANNTING, 1st Floor, West 1026 Broadway, Spokane, WA 99260-0050 The appeal deadline is ten (10) calendar days after the signing 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. ###############u####nrru#r===r~fr~#rPfrTrr################r~{###########################"V#################### WA State Department of Ecolo-.• (Ol%•mpt.a) Fire District No 1 Spokane County Division of Engineering & Roads - Pat Harper Spokane Count), Division of Utilittes - Jim Red Spokane Regional Health District - Steve Holderby Spokane County Storm\vater Uciht\ Divisioii - Steve Worley Spokane Coutit), Air Pollution Control Authoia)' DOC. 10 NOTICE OF APPLICATION PURSUANT TO IMPLEMENTATION OF ESHB 1724 BOARD OF COUNTY COMMISSIONERS RESOLUTION #96-0293 The Spokane County Division of Building and Planning (Review Authority) is providing a Notice of Application to provide the opportunity to provide comment on the below described proposal, You have 14 calendar days from the date issued to provide written comments to the review authority. The file may be eNamirted between 8 a in and 4 p rn Monday through Friday (except holidays) in the Planning Division of the Public Works Building, 1026 West Broadv-ay„ Spokane, Washington. If you have questions, you may ca-11 the assigned planner at the phone number listed at the bottom of the page FILE NUMBER: 99009860 TYPE OF APPLICATION; Type II OWNED: Pines Sever, Incorporated CONTACT PERSON: Al French (509) 481-1331 DATE OF APPLICA'T'ION: October 15, 1999 DATE OF DETERMINATION OF COMPLETENESS: October 19, 1919 PROPOSED PROJECT: Grading for future clxureh PROJECT SITE: 3001 forth Pines Section 9, Township 25, Range 44 EXISTING 70NIN : Urban Residential • 7-~ V~r OTHER PERMITS: NA FURTHER STUDTES RE TTESTED: IAA ENVIRONMENTAL DOCUMENTS: Rcview of existing development regulations, proposed zoning, and typical recorn mended conditions and or mitigating measures indicate likely State Environmental Policy Act Determination will be a Determination of Nonsignificance WRITTEN COMMENTS: Written comments may be submitted regarding the proposal and the environmental rcv,ew process All comments received within 14 calendar days of the date issued below will be considered by the review authority prior to making a decision on tuts application. Pursuant to WAC-197-11-355 this may be the only comment period for this project. DEVELOPMENT REGULATIONS: Spokane County Zoning Code, Spokane County Subdivision Ordinance, Spokane County Standards for Roads and Sewer Construction, Spokane County Guidelines for Stormwater Management and the regulations of the Spokane Regional Health District are the primary regulations applicable to site development. CONSISTENCY: In consideration of the above referenced development regulations and typicJ coriditlons and/or mitigating measures the proposal is found to be consistent with the "type of land use", "level of developmr-rit", "infrastructure", and "character of development" ACTION: This is a Type II decision and is not subject ro a future public hearing. REVIEW AUTHORITY: Jeffrey E. Parry, S°niar Building Technician James L. Manson, Director Spokane County Dtvisiort of Building and Planning 1026 West Broadway Spokane, WA 99264-0050 (509) 477-5675 Date Issued. 0 Signature, alyr~ DO, 10 0 V 0 A ivbrabeau e e ~ c~ c~ • a Wednesday, Oct 20,1999 01 50 PM FILE NO.: 99009860 r.r 111ROJECT ADDRESS: 3001North Pines AFFIDAVIT OF POSTING AND INSTRUCTIONS STATE OF WASHINGTON) )SS COUNTY OF SPOKANE ) On the day of 1999, I, a i6e 7' Ley personally assumed the responsibility to ensure that the public notice sign was posted as per instructions an in accordance with the Spokane Environmental Ordinance at the following location(s) in Spokane County: Please note location: 3,0( Kl;- 7%~ Posting of Public Notice signs for Environmental Review/SEPA must be on or in the immediate vicinity of the property in such a manner so that it is visible from a public right-of-way and that no information on the sign is obscured from public view by vegetation, and/or structures The sign shall be perpendicular to the right of way. In no case will the sign be attached to a utility pole. The sign is to remain up during the 15 day comment period. The attached affidavit of posting shall be returned to the Division of Building and Planning a ✓ - f ro Print Name of Applicant gent ega Signature of Applicant or A Address- Phone Number. 0 (RETURN TO THE DIVISION OF BUILDING & PLANNING) Jeffrey E. Forry, Senior Building Technician 1026 West Broadway Avenue Spokane Washington 99260 Phone Number 456-3675 Spokane County Code 11.10 130 (b) (i) DOC.10 w SPOKANE COUNTY PLANNING CHANGE OF CONDITIONS FOR A PREVIOUSLY APPROVED ZONE CHANGE Date. 2 2 Application No. i a Name Of ApplicantJRepresentative: M1 SC V-6 J-Z1 n nwy\t ftn Mailing Address. rA. IS ~ ~ • 1 (s City: sswft State: Zip: Z ` 0 ~cc(p Phone: ~~~-gSSS (`York) (Home) Existing Zone Classification: UV-- 2Z- Date Existing Zone Classification Established: ~ UI VAC(M Legal Description of Property: • P1 t~)eS , ACA- (3n q . `TOI,OVI5\'1Lp Z 5 A-A Section Township-25 Range Source of Legal: eaxbj Parcel No.: 50 9 1 • Q -1 cc PROPOSED CHANGE OF CONDITIONS` Reference specific "Condition(s)" of original approval. (Cite the applicable condition from the Findings and Order of the Hearing Examiner Committee's public hearing). WC, 1 l~ J 1 l~U it ~t o~ 1T is 04 cA1 ~CMNM ck- L 2 lQ Lim I ~0 ~30~cl CuV-Ma~ Q~ OWODMIIN Abe, Give detailed explanation of request for change in status of the proposal. L e 1,VDAV*%fUUr6 -ZZ cr 11`,x' sz-7 OF cn `~~~4 ~ = ~Z ~ UL r~~~-~rtC~~ ~ If development of the site will be changed substantially by this request, or the property has boundaries different than originally proposed, a revised development plan must be submitted. -~k 4gn ' r:Mm - ature of Applican o Agent Address if different than Applicant Rev. 8/93; sam j DOC. 3 SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING SUBMITTAL CHECKLIST ZONE RECLASSIFICATION THE ITEMS CHECKED BELOW MUST BE SUBMITTED WITH YOUR APPLICATION ❑ RELIMINARY CONFERENCE t UBMITTAL CHECKLIST N a UFORM 4''_ e-t e4 Submit completed application on the attached form with all si -nature blocks completed U SSESSOR'S SECTION MAPS ` wm 1 Zl ~i Submit 2 copies of current County Assessor maps showing the subject property outlined ~G in red and adjacent property owned or under option to the owner or sponsor (indicate adjacent property with a red dashed line) Adjacent includes property located across roads and rivers, etc. Assessor maps are available at the County Assessor's Office and must be current (less than 30 days old) at the time of submittal. Platted (1 "=200') and range (1 "=400') parcel maps must be obtained, as you may need both sets, depending on your property location The maps are used for legal notification of property owners within 400 feet of the boundary of the total contiguous ownership and/or controlled property (shown in red) Label and show in red line the 400 foot boundary from the total contiguous ownership t ONING SECTION MAP- ubmit 1 copy of the official zoning map with the boundary of the proposed zone change(s) indicated in red, with the proposed zoning labeled on the property. The zoning boundary shall be stamped by a licensed land surveyor Copies of official zoning maps are obtainable from the County Division of Building and Planning. (The written legal description(s) on the application form and the zoning boundary(s) shown on the map shall coincide, verified by the surveyor's stamp). Note: The property does not have to be surveyed at this time. The map stamped by a licensed land surveyor verifies the written legal description for the proposed zone change is accurately mapped on the zoning map l~ J NGINEER$S SECTION MAPS ubmit 2 current copies of the section map(s) showing the subject property outlined in red. Engineer section maps are available at the County Engineer's office. lr7 ONING PLAN AND/OR SITE PLAN-1,ztt * T✓UI Vv- ubmit 9 blueline copies of the development proposal drawn to scale and 1 zoning plan/site plan reduction (8 1/2" x 11" or 11" x 17") indicating the following information in a clear and concise manner a Scale of drawing, north arrow, dimensions of the site boundaries and area in square feet or acres; corporation, firm or individual preparing the site plan --with date, and a small vicinity map b The following data in table form on the site plan: Existing ones Proposed ones Acres or q. Building Information- Percent of Building Coverage (in sq ft ) Building Use(s) Landscaped Areas (in sq. ft.) Type of Landscaping No. of Parking Spaces Required Percent of Open Space (exclude paved areas) (in sq ft ) Building Setbacks DOC. 2 v' r ZONE RECLASSIFICATION CHECKLIST Page 2 of') C Indicate the following 1 Indicate right of way width and names of streets adjacent to the site. 2 Existing buildings and other improvements; indicate which ones are to remain, which ones are to be removed 3. Proposed buildings and dimensions 4. Height of all buildings, structures and signs 5. Access points and driveways. 6. Proposed or existing easements providing access to the site 7. Interior circulation patterns 8. Parking areas and spaces 9. Building setbacks to property lines, and to center line of adjacent private and public roads. 10. Type and location of landscaping, fencing, lighting and signage. PUD PLAN AND NARRATIVE Submit a PUD plan and narrative which meets the requirements of Section 14 704 140 of the Spokane County Zoning Code. The PUD plan shall include building elevation and location and the narrative shall include a detailed description of the proposed PUD plan and also a description of how the PUD meets the purpose and intent of Section 14.704.140. See attached PUD Checklist Worksheet. e y~ WT ENVIRONMENTAL CHECKLIST A completed environmental checklist is required for all zone changes, planned unit d)-+199 developments and subdivision requests Short plats, binding site plans and other land use applications may require a checklist under SEPA rules unless exempted by WAC 197- 11-800. Note If previous environmental checklist exists for the property, it may be. adequate to address environmental issues C LO ESA OC TO A Su it 7 to 0 sli s of the roject site d ad' jac n rrou ng pro e ber th slid to i cide with locat r map whic shows fr where nd in w i direct n the slid were taken. COUNTY DIVISION OF BUILDING AND PLANNING FEES ZONE RECLASSIFICATION (Due at application acceptance meeting) From any zone to the EA or GA zone $ From any zone to the RR-10, SRR-5, SRR-2 and SR-1 zone $ From any zone to T e SR-1/2 and UR-,5 ?ones $ From any zone 0%eW, 7, UR-1 a&n;SJR-22 zones $ 02 9Z From any zone to the B-1, B-2, and B-3 zones $ From any zone to the 1-1, 1-2 and 1-3 zones $ From any zone to the Mining zone $ From any zone to any zone not listed above $ Environmental Checklist $ Zero Lot Line $ Other $ ZONE RECLASSIFICATION CHECKLIST Page 3 of 3 PLANNED UNIT DEVELOPMENT Preliminary PUD $ Change of Conditions Site plan review with public hearing $ J 6 . /U-<S _ - 00 TOTAL .S DUE AT SUBMITTAL ❑ OTHER GOVERNMENTAL PROCESSING FEES On, -Cori 36. &D The County Engineer, County Regional Health District and County Division of Utilities 46. typically charge fees in conjunction with your proposal. Please contact these departments for their current fee schedules for your proposal. (These fees are due at the time the departments sign your application). REQUIRED PUBLIC NOTICE (See attached notice requirements) ❑ OTHER EXHIBITS OR APPLICATIONS Ic-2 --99 Date Planner REZONE SUBMITTAL CHECKLIST KJS 4-9' RECEIVED SPOKgNF- COUNTY ocT 1 y 1999 ONISION OF BUIIII,NG AND PL.ANNINa BY: IE IN \v ]U KO IN MHE IN TAIL CHIECKILI[ST SPOKANE ENVIRONMENTAL ORDINANCE SECTION 11.10.230[1] DOC. 9 l~ SEPA ENVIRONMENTAL CHECKLIST WAC 197-11-960 Spokane Environmental Ordinance Section 11.10 230(1) PURPOSE OF CHECKLIST The State Environmental Policy Act (SEPA), chapter 43.21C RCW; requires all govemmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment The purpose of this checklist is to provide information to help you and the agency identify impact from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTR UCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal Governmental agencies use this checklist to determine whether the environmental impacts or your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations Answer these question if you can. If you have problems, the govenumental agencies can assist you The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NOIV-PROJECT PROPOSALS: Complete this checklist for non-project proposals, even though questions may be answered "does not apply " IN ADDI'T'ION, complete the SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS (part D) For non-project actions, the references ui the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively A. BACKGROUND FILE/PROJECTNO Spokane Environmental Ordnance Checklist Page 2 of 21 1 Name of proposed project, if applicable. 2. Name of applicant '~~,~54 /tee, 3. Address and phone number of applicant and contact person. IZAA Z,444- 4. Date checklist prepared 5. Agency requesting checklist. 6. Proposed tuning or schedule (including phasing, if applicable). ~zoCk r--:41;~o A. BACKGROUND (eonunued) 7 a. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, expiam Spokane Envirotimcntal Ordinance Chcckh3t Rage 3 of 21 74o- 1Sv1&,6 b Do you own or have options on land nearby or adjacent to this proposal? If yes, explain O 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. /~-/O 10. List any government approvals or permits that will be needed for your proposal, if known 5A1'1'kX)1 Spokane Environmental Ordinance Checkbst Gage 4 of 21 r ~ A. BACKGROUND (continued): 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site There are several questions later in this checklist that ask you to describe certauh aspects of your proposal You do not need to repeat those answers on this page. v Irv/'.,E ~~~~?vG o~ . - ~ 12. Location of the proposal Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township and range, if known. If a proposal would occur over a range of area, provide die range or boundaries of die site(s). Provide a legal description, site plan, vicmity map, and topographic map, if reasonably available While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit application related to this checklist N I diaj S 13 Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The General Sewer Service Area? The Priority Sewer Service Area? The City of Spokane? (See Spokane County's ASA Overlay zone Adas for boundaries). &12 -el I _ r Evaluation For Agency Use Only TO BE COMPLETED BY APPLICANT B. ENVIRONMENTAL ELEMENTS' L EARTH a. General description of the site (circle one): fla yelling, hilly, steep slopes, 11 mountainous, other tG04 b. What is dhe steepest slope on the site (approximate percent slope)? 74-3 0- lJ - a'y v c What general types of soils are found on the site (for example, clay, sand, gravel, peat, much)? If you know the classification of agricultural soils, specify them and note any prune farmland. Ca "IZWyo1 6~~(~,~ d Are there surface indications or history of unstable soils in the Lmmediate vicinity? If so, describe _ 1 lV U e. Describe the purpose, type and approximate quantities of any filling or grading propo d Indicate source o fill. /~04 1-~ 6~/!.~T~ lil~~ V 00 Cq -k- CLA:-T 6,-100 IL-L- C41- f Could erosion occur as a result of clearing, construction, or use? If so, generally descri NO _ ` l A ~,,g-L bG ~G 70 B. ENVIRONMENTAL ELF-MENTS (Continued): Spokane Environmental Ordnance C.heckLst Page 6 of 21 Evaluation For Agency Use Only g. About what percent of die site will be covered with impervious surfaces after project construction (for exam le, asphalt or build O l1 Af 7-1 d h. Pro osed meas s to reduce or control erosto , or other im cts to the earth, if 2. AIR a. What type of emissions to die air would result from the proposal r e., dust, automobile, odors, industrial, wood smoke) during construction and when the project is completed? If any, generally describe and ve approximate uanti s, if known. VaZI l b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally descbe D ts to air, if zny. C. Proposed measures to redu or control emissions or 9WZ&4 Ze-)A G ~ vironmental Ordinance Checkbst Page 7 of 21 Spokane En 1 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): 3. WATER a. Surface- 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If apprQ~ate, state what stream or river it flows into. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans A-) D 3) Estimate the amount of fill and dredge material that would be placed in cr removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. 4) Will the proposal require surface wate..r withdrawals or diversions? Give a general description, purpose, and approx"' ate Gquantities if known S) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan o Spokane Environmental Ordnance Checklist Page 8 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): G) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and an c ated volume of discharge b. Ground 1) Will groundwater be withdrawn, or will water be discharged to ground water? Give general description, purposeoapproximate quantities if known 2) Describe waste material that will be discharged into the ground from septic tanks or other sanitary waste treatment facility. Describe the general size of the system, the number of houses to be served (f applicable), or the number of persons the system(s)are ect~g serve. 75K~-16 f6~64V~<AJ6S 3) Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (including systems such as those for the disposal of storm water or drainage from floor drains). Describe the type of system, the amount of material to be disposed of through the system and the types of materials likely to be disposed of (including materials which may enter the system inadvertently through spills or as a result of fire fighting activities). Spokane Envirocu»entai Ordmn uicc Chcckhst Page 9 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): 4) Will any chemicals (especially organic solvents or petroleum fuels) be stored in above- ground or underground storage tanks? If so, what types and quantities of materials will be stored? 06 5) What protective measures will be taken to ensure that leaks or spills of any chemicals stored or used on site will not be allowed to percolate to groundwater (this includes measures to keep chemicals out of des osal systems described in 3b(2) and 3b(3)? c Water Runoff (including storm water) 1) Describe the source of nuioff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this tva r flow unto other waters? If so describe 2) Will any chemmcals be stored, handled or used on die site vn a location where a spill or leak will dram to surface or groundwater or to a storm water disposal system discharging to surface or groundwater? A) 8 3) Could waste materials enter ground or surface waters? If so, generally describe. Spokane Environmental Ordinance Checklist Page 10 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): d Proposed measures to reduce or control surface, ground, and runoff water impacts, if any (if the proposed action lies within the Aquifer Sensitive Area be especially clear on explanations relating to facilities concerning Sections 3b(4), 3b(5), and 3c(2) of this checklist) 4. PLANTS a. Check or circle types of vegetation found on the site: deciduous tree alder, maple, aspen, other evergreen tree. fir, cedar, pule, other shrubs grass pasture crop or grain wet soil plants- cattail, buttercup, bullrush, skunk cabbage, other water plants water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vertxon will be removed or altered? C6!tlf~ 7o 7( c. List threatened or endangered species known to be on or near the site A) 0 A,'~, d. Proposed landscaping, use of native plants, or other measures to pre rv or enhance vegetation on the site, if any: Au 0- A1- ri1 s nA~9 Spokane Environmental Ordinance Checklist Page 11 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): 5. ANIMALS a Circle any birds and animals which have been observed on or near the site or are known to be on or near the site birds: hawk, heron, eagle, songbirds, other. -r" mammals- deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endan reds ecies known to be on or near the site. C. Is the site part of a rYugratton route? If so, explain d. Proposed measures to preserve or enhance wildlife, if any AJ o ,J-f, 6. ENERGY AND NATURAL RESOURCES ar What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufactunng, etc ~JZ,4 b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe A-)6) Spokane Environmental Ordinance Checklist Page 12 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduc or control energy impacts, if any: AY 4 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. ( o 1) Describe special emergency services that nught be required no 0-Alt? 2) Proposed measures to reduce or control environmental health hazards, if any Ju b. Noise 1) What types of noise exist ,n the area which may affect your project (for example: traffic, equipment, operation, other)? k) o d.T L, 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example- traffic, construction, operation, other)? m e from e site. Indicate what ho~~notse wool t;o(Pst94'J-r Spokane Environmental Ordinance Checklist Page 13 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): 3) Proposed measure to reduce or control noise impacts, if any 8. LAND AND SHORELINE USE a. What is the curret~t use of the site and adjacent properties? S `T NA-64axr Lai: O T6A- T o J U~.) v'~ ~t ~ b. Has the site been used for agricultu e? If , describe N o-- FnR:-Z)0r-;72- c. Describe an structures one site. A~ P d. Will any structures be demolished? If so, which? ~O e. What is the current zoning classification of the site? ~y Spokane Environmental Ordinance Checkhst Page 14 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): f. What is the current Comprehensive Plan designation of the site? g. If applicable, what is die current horeline master program designation of the site? h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. 1. Approximately how many peo le would reside or work in the completed project? j. Approximately how many people'~wJ, would the completed project displace? k. Proposed measures to avoid or duce displacement impacts, if any. ~J TAr 1 Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if anv Spokane Environmental Ordinance Checkhst Page 15 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing b. Approximately how many units, if any, would be eltrrunated? Indicate whether high, middle, or low-income housing. M C. Proposed measures to reduce or control housing impacts, if any: 10. AESTHETICS a What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material (s) proposed? ~'S/ b What views un the immediate vicinity would be altered or obstructed? ~A- c Proposed measures to reduce or control aesthetic impacts, if any: B. ENVIRONMENTAL ELEMENTS (Continued): Spokane Environmental Ordinance Check-list Page 16 of 21 e Evaluation For Agency Use Only M LIGHT AND GLARE a What type of light or glare will the proposal produce? What time of day would it mainly occur? b. Could light or glare from the finished project be a safety hazard or interfere with views? 40 C. What existing off-site sources of light or glare may affect your proposal? 0 eV'3 L, d. Proposed measures to reduce or control light and glare impacts, if any: 12. RECREATION a. What designated and mfomzal recreate al opportunities are in the immediate vicinity? -~p GOc~6o L, To 0 o 12--r - b `Mould the proposed project displace any existing recreational uses? If so, describe. Spokane Ctivironmental Ordnance Checklist Page 17 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers, known to be on or next to the site? If so, generally describe C> b Generally describe any landmarks or evidence of historic, archaeological, scientific or cultural importance known to be on or next to the site. C. Proposed measures to reduce or control impact.;, if any: 14. TRANSPORTATION a. Identify public streets and highways serving the site and describe proposed access to the existing street system Show on site plans, if any. b Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stopP &Z7 Spokane Environmental Orditimce Lheckhst Page 18 of 21 I • ti Y Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): C. How many parking spaces would a completed project have? How many would the project eliminate? d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). 0 6 A.) t, e. Will the project use (or occur un the immediate vicinity oo water, rad, or air transportation? If so, generally desc e. f. How many vehicular taps per day would be generated by the completed project.? If known, indicate when peak volumes would occur. g. Proposed measures to reduce or control transportation impacts, if any: N 1$. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: F protects n, Vice protectno , health c , schools, other)? If so, generally describe O a -co Spokane Environmental Ordnance Checklist Page 19 of 21 r Evaluation For • . Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): b. Proposed measures to reduce or control direct impacts on public services, if any. 16. UTILITIES a. Circle util' e .y-a,;a+l e at the sit - electrict atural water, fuse service telephon sanitary sew , septic system, o er b. Describe the utdities that are proposed for the project, the utility providing the service, and die general construction activities on the site or in the immediate vicinity which might be needed ` J C. SIGNATURE I, the undersigned, swear under the penalty of perjury that the above responses are made truthfully and to the best of my knowledge. I also understand that, should there be any willful misrepresentation or willful lack of full disclosure on my part, the a=n t may w idraw any deterni naton of non-significance that it night issue in reliance upon this checklist. Date: 104 Proponent-. Pr~ a~AJL/Jl a. A~& t G~ Proponent: (Please type or print) (ignature) Address: ~ lei I~Z r- City, State, Zip Phone: /.5 3 Person completing the form Date l ell~51J IV Phone- Y G s FOR STAFF USE ONLY Staff Member(s) Reviewing Checklist: f ' Based on this staff review of the environmental checklist and other pertinent information, the staff A. Concludes that there are no probable significant adverse impacts and recommends a determinauon of nonsigntficance (DNS). B. Concludes that probable significant adverse environmental impacts do exist for the current proposal and recommends a mitigated determination of nonsignificance with conditions (NONS). C. Concludes that there are probable significant adverse environmental impacts and recommends a determination of significance (DS) REFER TO FEE SCHEDULE FOR FILING FEE Spokane Environmental Ord wice Checkhst Page 21 of 21 -164 r b. SPOKANE COUNTY 46 DIVISION OF BUILDING AND PLANNING R' PRE-APPLICATION CONFERENCE PRELIMINARY CONFERENCE FOR: PLAT Q_ SHORT PLAT G BINDING SITE PLAN J TENIPORARY USE o VAP.IANCE Q CONDITIONAL USE '-I ZONE CHANGE! CHANGE OF CONDITIONS G OTHER PROJECT INFORM A, T/ON Applicant ' AMA Applicant's Address: /o - P S n w~4 Parcel number(s): ! ~4 1 _ Property Owner(s): --~-n.~- Project location & address- General project description: _ 1 l/ Type o'f Access: Proposed land use Sewage Disposal Method: Proposed no. of lot: Proposed zone (ii rezone). Site size: 7 SITE INFORMA T/ON Existing Zone Comp. Plan Category Fire District: rpp - School District: EQ,,,r, I, Neighborhood Assoc.: Water District: L Designated Arteriai(s): i~ PSSA Inside outside 0 ASA inside outside J IUGA insld?x ou Side Q Joint Planning Area? Yes 0 No If yes, which city/town? Environmental or cultural resources? Yes G No If Yes, Which type? Designated shoreline area? Yes 0 Noo if yes, which ceslgnaiion? A 17 ected by tloodplain? Yes Q No P( Within 1000' notification boundary of designated Natural Resource Lands? Y=s f1o Page 1 ol•; DOC. 1 SPOKANE COUNTY I DIVISION OF BUILDING AND PLANNING } PRE-APPLICATION CONFERENCE CRITICAL AREAS I. Wetlands? Yes O No ❑ Category 1 (200 foot minimum b fifer) ❑ Category 2 (150 foot minimum buffer) Pte,, n ❑ Category 3 (75 foot minimum bu-il'fer) ❑ Category 4 (25 foot minimum buffer) ❑ Unknown Comments II. Fish and Wildlife Habitat? Yes ❑ No tq, Priority Habitat Species III. Water bodies? Yes ❑ No ❑ Type 1 (250 foot minimum buffer area) ❑ Type 2 (100 foot minimum b tier area) MAP ❑ Type 3 (100 foot minimum buffer area) CI Type 4 (75 foot minimum butler area) ❑ Type 5 (25 foot minimum buffer area)' ' No bu lerina requirement for Type 5 streams when there is no connection to Type 1, 2, 3, or 4 streams Comments: IV. Geologically Hazardous Areas? Yes ❑ No If yes, indicate type of hazard(s) .vim ❑ A slope of 30% or greater ❑ Erodible soils ❑ Hydraulic factors (i.e existing on-site surac_a and groundwater) ❑ Prone to landsliding ❑ Area of oncompacted fill ❑ Unstable areas due to rapid stream or stream bank erosion Comments PRE-CONFERENCE SUMMA F. Y Planning Issues (landscaping, buffer areas, land use compatibility, trafi1c, etc) Q Aar, Spec.al project requirements (plans, stuaies, permit, etc General c0i-n ilenis. . V 01 Handouts Provided. Page 2 o`r 3 J Pre-:.onf°•e~Ce ;cr-n r=, cc 1 1 l SPOKANE COUNTY ,AA DIVISION OF BUILDING AND PLANNING PRE-APPLICATION CONFERENCE "fiffri AGENC/ES TO CONTACT A check mark indicates those agencies you are encouraged to contact regarding your proposal Spokane County Public Works C] Division of Building and Planning A77-3675 Division of Utilities 477-3004 Sewer/Water Resources Storm Water Division of Engineering 477-3600 Drainage Transportation o Division of Long Range Planning 477-2294 Spokane Regional Health District 324-1560 CI Spokane County Parks 477-4730 C! Department of Transportation 324-6000 C! Department of Ecology 450-2926 J Department of Fish and Wildlife A50 ^082 C1 Fire District No. FQ # C1 Water District No. 0 Other Agencies- I, the applicant, acknowledge receipt of and understand the content of this document and submittal checklist: Date: 1-21 C1 ( q Stagy Planner: Date--/a 011 Amount Paid A-'36- 6-0 Receipt No. PGcie 3 of 3 Ff2'CQi7i2ta(;C° C~~ i 0`:152^ :;~~G Project Number 99011771 11Application Date 12/15/19 Page 1 of 1 THIS IS NOT A PERMIT Penalties will be assessed for commencing work without a permit Protect Information: LL L L LL L L » LL ~ L ~ tiyL1L~ti `,.L L L L% ~LL L Permit Use Change of conditions- Zone Change Contact Lukins&Annis % Michele Fulg Address 717 W Sprague Ave. Setbacks Front Left Right Rear C - S - Z Spokane, WA 99201-0466 Phone Site Information: LS L , L Plat Key 999999 Name RANGE District H Parcel Number 45091.9001 SiteAddress 3001 N PINES RD Owner Name CHD INC SPOKANE, WA USA 00000 Address PO BOX 13717 Location . SPO SPOKANE, WA 99213-3717 Zoning UR-3.5 Urban Residential 3.5 Water District 026 IRVIN Hold Area 7.64 Acres Width 0 Depth 0 Right Of Way (ft) 0 Nbr of Bldgs 0 Nbr of Dwellings 0 Review Information: ' LY LLY.LL ` r 1+r>SLi;yt Permits: L » 1%x% Zone Change - _p Contractor Firm Address Phone Item Description Units Unit Desc Fee Amount ENGINEERS MISC REVIEW 1 SELECT $5000 CHANGE OF CONDITIONS 129600 ENTER FEE $1,29600 PRE-APP CONF CHG OF COND I SELECT $3600 UTILITIES REVIEW 1 SELECT $10000 Permit Total Fees: $1,482 00 Payment Summary: v,~,LpL vL;;,'z-*%-kL -L L , „ hL» , , Operator RW Printed By JEF Print Date 12/15/1999 Permit Type Fee Amount Invoice Amount Amount Paid Amount Owing Zone Change $1,48200 $1,48200 $1,48200 $000 $1,48200 $1,48200 $1,48200 $000 Notes: , L,L LL L »,~~L„ 1% L 4 ~ , L L ZONING AND LAND USE FEES RECEIPT INFORMATION , Date: /LI - - File Number. ' "15eA'79 Parcel Number: i Name: Phone Number: ns + Ai r is P Company Name (if applicable): l 4, it' Ci /State/Zi Address.. 16Q~ W~.c~. ,tY P FEE INFORMATION ITEM DESCRII'TION ITEM (Multiplied by # (equals total) NO. AMOUNT of items L~-g 0-n E l ~9~6 TOTAL AMOUNT DUE $ 2 y . By: Transaction No. T99 - y Receipt No. Spokane County VAG-2-6JC7,Public Works Department Divison of Building & Plann Receipt Receipt w)ther: 1068; uclnnrcr Vwnher Projects Miscellaneous Items Code Description QtF Price Amount Tax ZZP0054 APPEAL:ADMN,H 1 241.0001 NUMBER 241.00 0.00 241.00 Comment: ZE-158A-79, LUKINS & ANNIS, P. S., 1600 WASHINGTON, SPO. WA. 99204- 0466 Totals: 241.00 0.00 241.00 Total PA 11): $241.00 "bender Tag Check Acct Balance CC Nbr EM Date TENDERED Checkl 149869 241.00 Total TENDERED: 241.00 Over / (Short) $0.00 Chatwe $000 Notes: Tran Date 111110 ILiU:: By: FHint.- Logon User. gwendel Station: "1 IF N i) E t_ Override Br Q LL Pri►rte& 1 2/06/7 999 12:0:38 I'M Page I of] 12/15/99 WED 08:32 FAX 509 717 2323 LUKINS & ANNNIS CSI004 _ PAGE 81 : PREMIER ONE INC 1 gL14/ 1999 08:34 50992414-1 Spokane COUnty public Works Department 'vison o Building & Planning Receipt Curtontet Number Receipt N11111ber: 10820 • t• 'cct9 Full 0~ IrI PA ►nt .eC r ~ n 1' c • r I" Am I $1.42.UU I ! J~IU . . .^~~,~I io0 tTotal: $1,557.00 $1,357.00 $1,482-00 cellane u Tt _s 00 Total PAID: $1 4$2. Tcu c ,.,-;BoianeE Cbt D 1,482.00 Checkl' 131 1,48200 Total TBND~: Over / (Sltort) $0.00 Change $0.00 Notes: -7- Tina Date l TiMe: 12110/1999 10:19:08 A By: GWendel Logon User. gwendel stariaw. GWENDEL Override it v: ppm• ft• Fax NOW 1971 M/G~0 CaMep . r ~a c E PhOM f pthw • a 3 ax !s Vitt EIV ! 0 oEC .1 I Pegs I of I prlrrtcd: !T/1011y99/0:19:34 AAt ZONL TG AND LAND USE FEES RECEIPT INFORMATION . Date: -e5 - 22 File Number:Parcel Number: y Sa S goo/ Name; A"&, Phone Number: Company Name (if applicable): Address: V0, Bek / ~/&w City/State/Zip FEE INFORMATION ITEM DESCRIPTION ITEM ('Muhiplied by ~ (equals total) NO. AMOUNT of items S -13 -7 Pre- •~erinc 36-6 l 36 S-3 re 96, d ' - •o t SE!° TOTAL AMOa'UE Uf' • t t i~,o S Ev: eg J # 13 1 Transaction No. T99 Oil 77 ~ Receipt No. ~C ~ ~ Project tiLtmber: . 99011771 Inv~l Appl ieatiop Date 12110,19 Page I of I THIS IS NOT A PERMIT Penalties will be assessed for commencing work without a permit Proiect Information: Permit Use: Change of conditions- long plat Contact: Lukins & A.nnis(INlichele Fulgha Address: P.O. Box 14686 Setbacks: Front Left: Right: Rcar: C - S - Z Spokane. N%'a 99214 Phone: Site Information: Plat Key: 999999 Name: RANGE District. H Parcel Number: 45091.9001 SiteAddress: 3001 N PINES RD Owner: Name: CHD INC SPOIC.V E. WA USA 00000 Address: PO BOX 13717 Location:: SPO SPOKANE, NVA 992 1 3-37 1 7 Zoning: 1111-3.5 Urban Residential 3.5 Water District: 026 IRVIN l lull: Area: 7.64 Acres Width: 0 Depth: 0 Right Of \k'ay 00. 0 Nbr of BIdgs: 0 Nbr of Dwellings: 0 Review Information: - _ - - - - _ - Permits: Zone Change Contractor: Fiml: Address: Nho„ic Item Description Units Unit D sc Fee Arnount ENVIRONMENTAL REVIEW 1 SELECT $75.00 ENGINEERS MISC REVIEW 1 SELECT $50.00 CHANGE Oh CONDITIONS 129600 ENTER FEE $1,296.00 PRE-APP CONF CHG OF COND 1 SELECT $36.00 UTILITIES REVIEW 1 SELECT $100.00 Permit Total Fees: $1,557.00 Payment Sumntarll: - - _ _ . . Operator: Rw Printed By: GNIW Print Date: 12/10/1999 Permit Tvue Fee Amount Invoice Amount Amount Paid Amount t )wing Zone (change $1,557.00 51,557.00 $1,482.00 $75.t,O S1,557.00 $1,557.00 $1,482.00 $75.00 Votes: 1 oi ~ ~ U r 3poit-an ' Coum ' Public Works DepartmeW Divison of Building & Planning Receipt Receipt Number: 10820 Customer Number Projects ` Full 1'r) Cq Nbr lc►%, Nbr Fee At►N l! , An OfI t/1C' PA In 111tit ~~~~u I I ~l I 1 $1,551A $1,551.UU $1,551.00 $ 1,462.UU Total: $1,557.00 $1,557.00 $1,557.00 $1,482.00 Miscellaneous Items Total PAID: $1,482.00 Tender Type Check Acct Balance CC Nbr E.rp Date TENDERED Checkl 131 1,482.00 Total TENDERED: 1,482.00 Over / (Short) $0.00 Change $0.00 Notes: Trait Date/ Time: 12/10/1999 10 19.08 A By: GWendel Logon User. gwendel Station: Prillf"(1: 12 /fl 1 199 10:1 /:.~-1 111 Pr~~1 l 1 ZONING AND LAND USE FEES RECEIPT INFOFNL ATTON Date: File Number: Parcel Number. Name: - Phone Number: ' 1Company Name (if applicable: Address: City/State/Zip FEE INFORMATION ITEM DESCRIPTION ITEM (Multiplied by (equals total NO. AMOUNT of items i _ S TOTAL AMOUNT DUE S Bv: Transaction No. -99 - Receipt No. - Spokane County Public Works Department Divison of Building & Planning Receipt Receipt Number: 96 Customer Numhcr Projects ' Nwcellaneous Items Code Description On, Price Amount Tav PAID ZZB0018 COPIES: LTR & L 18 0.140/ NUMBER 2.52 0.00 2.52 Comment: MICHELE FULGHAM - COPIES OF ZE- 158-79 Totals: 2.52 0.00 2.52 Total 1.411): $2.52 Tender Cash 2.b: Total TENDERED: 2.52 Over / (Short) $0.00 Change $0.00 Notes: Tran Dale / Time: 01/06/2000 3:28:38 PM By: GWendel Logon User: gwendel Station: GWENDEL Override Ali: Printed: 01.-06/2000 3:29:0S /'.-1! t'n~'1 of 1 s 1 2 3 4 SPOKANE COUNTY HEARING EXAMINER 5 6 7 FOURSQUARES VALLEY CHURCH and NO. ZE-158B-79 TOM HAMILTON 8 Petitioners, FINDINGS OF FACT, CONCLUSIONS OF 9 LAW, AND ORDER OF DECISION 10 RE: PETITION TO REMOVE 11 CONDITIONS FROM PREVIOUSLY APPROVED ZONE RECLASSIFICATION 12 (ZE-158A-79) 13 14 15 I. SUMMARY OF PETITION AND DECISION 16 17 Petition: Seeking a change of conditions to a previously approved zone reclassification 18 (ZE-158A-79) that restricted development to Condominium purposes only. The applicant is 19 requesting allowance to construct a church and those uses allowed in the Urban Residential-22 20 (UR-22) zone. 21 22 Decision: Granted with conditions as set out on Exhibit A attached hereto and incorporated 23 herein by reference. 24 25 26 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION: I LAW OFFICES LUKINS & ANNIS A PROFESSIONAL SERVICE CORPORATION I(AK) WASHINGTON TRUST FINANCIAL CENTER 717 W SPRAGUE AVE \1SPOKANEI\vOL2\15DOCVIMRFOQK-MRF-roURSQUARES VALLEY CHURCH DOC 3/29100 SPOKANE, WA 992014"66 (5()-))453 -9535 1 II. BACKGROUND/FINDINGS OF FACT Project Data 2 Project Location: 3001 N. Pines Road, generally located west of and adjacent to Pines Road and south of Euclid, 3 approximately 160 feet north of Grace, in the NE % of 4 Section 9, Twp.25N., Range 44 E.W.M., Spokane County. 5 Parcel Number(s): 45091.9001 6 Applicant/Agent Mischelle Fulgham 717 W. Sprague Avenue 7 Suite 1600 Spokane, WA 99201 8 509 455-9555 Owner: Pines Sewer Development, Inc. 9 c/o Tom Hamilton P.O. Box 14686 Spokane, WA 99214-0686 10 Comprehensive Plan Urban I1 Designation: 12 Zoning: Urban Residential-22 (UR-22) 13 Existing Land Use: The site is graded and developed with a foundation and a concrete slab for the proposed Church 14 Surrounding Zoning and Land Uses: • North Zoning to the north is Urban Residential-3.5 (UR-3 5) 15 and Industrial Park (1-1). Trent Elementary School is located immediately to the north of the subject site. 16 North of the school is Burlington Northern railroad tracts and Trent Avenue. 17 • South: Immediately south of the subject site is single family residential housing zoned UR-3 5. UR-3 5 zoning 18 transitions to vacant UR-22 zoning terminating at 1-90 approximately'/2 mile to the south Apartments, condos 19 and a Mobile Home Park are located to the southeast of the subject site. 20 • East: Zoning east of the subject site is UR-22. Uses located immediately east of the subject site are East Valley 21 School Administration offices and the Pinecroft Business Park Extending east therefrom is vacant. 22 • West: Zoning to the west is UR-3.5 and is fully improved into a single-family neighborhood. 23 24 25 26 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION: 2 LAW OFFICES LUKINS & ANNIS A PROI'ESSIONAL SERVICE CORPORATION IGIKI WASHINGTON TRUST FINANCIAL CENTER 717 W SPRAGUE AVE. \\SPOKANEI\1'OL2\15DOCV'MRrOQK-MRF-rOUR.SQUARF_S VALLEY CHURCH DOC 7/29/00 SPOKANE. WA 99201-M66 (509) 455.9555 I Known Land Use Proposals Project approvals within the vicinity of the proposal and Recent Project Approvals include: Preliminary Binding Site Plan (BSP-65-98), 2 in the Area of this Project located approximately 5/8 of a mile to the South on Pines Road and Mission Avenue for the division of 4 79 3 acres into four tracts for an existing church, an existing motel, an existing office building, a commercial use not 4 yet determined, the approved preliminary short plat (SP- 1188-98) to divide 15.1 acres into four lots for uses in the 5 UR-3 5 and RR-10 zones directly across Pines Ave., to the east from the subject site. PE-1812-96 Chapman 6 Meadows, approximately '/z mile to the S E, and CUE-5- 98 about'/2 mile to the south. 7 Land Division Status: The subject parcel does not have Certificate of Exemption and will need one before a building permit 8 can be issued Shoreline Designation: Not applicable, Spokane County Shoreline Maps indicate 9 the site is not in a shoreline area. Water Purveyor: Irvin Water District #6. The site is within the boundaries 10 of Irvin Water District #6 but has not been annexed into the district. 11 Sewage Disposal: The site will be served by the Spokane County public sewers stem. 12 Fire District The subject site is within Spokane County Fire District #1. Fire District #1 has expressed no concerns. 13 School District and nearest K- The subject site is in East Valley school district Trent 12 schools: Elementary school is located adjacent to and north of the 14 proposal. East Valley High, East Valley Middle school and Trentwood Elementary schools are located 15 approximately one and one-half miles to the East on Wellesley Avenue. 16 Nearest Arterial and Distance: The proposal is located adjacent to and on the west side of SR-27 (Pines Road). WSDOT has required 17 dedication of right-of-way and other mitigation as conditions of approval for this proposal. Spokane 18 County Division of Engineering and Roads has also submitted conditions of approval concerning SR-27. 19 Trent Avenue lies approximately 1200 feet to the north and is designated as a State Highway. 20 Nearest Parks and Distance: Valley Mission Park is a 22-acre park located approximately one mile to the southwest of the subject 21 site. Neighborhood Association: The subject property is not located within the boundaries 22 of a known neighborhood association. 23 • This proposal is located inside the IUGA. 24 This proposal is located inside a Public Transportation Benefit Area (PTBA). • This proposal is located outside the 1000' notification boundary of designated 25 Natural Resource Lands 26 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION: 3 LAW OFFICES LUKI\S & AV'\IS A PROFESSIONAL SERVICE CORPORATION 1640 WASHINGTON TRUST FINANCIAL CENTER 717 W SPRAGUL- AVE- \\SPOKANEI\VOL2\15DOC\PMRFOQK-MRF-FOURSQUARES VALLEY CIIURCIi DOC 3/29/00 SPOKANE WA 992014)466 (5w)355-9355 L I GMA/Critical Areas Acquifer Recharge Area: The subject site is located inside the Priority 2 Sewer Service Area (PSSA) and inside the Ac uifer Sensitive Area ASA Overlay zone. 3 Fish & Wildlife Habitat Conservation Spokane County Critical Areas Maps do not Areas: indicate the presence of Fish or Wildlife on 4 the site. Floodplain: A review of the relevant FIRM map indicates 5 the site is located in zone C and is outside of an 100- ear flood lain. 6 Geologically Hazardous Area: The Spokane County Critical Areas Map does 7 not indicate the presence of any geologically hazardous areas or erodable soils on site. 8 Wetlands: Spokane County Wetlands Maps do not indicate the presence of wetlands on the site 9 A Wetland Report has not been requested from the owner. 10 11 12 SEPA ❑ Mitigated DNS issued on March 10, 2000 13 ❑ Comment period ended March 27, 2000. 14 Noticin Published. Spokesman Review on March 9, 2000 by the Division of Planning. 15 Mailed: The deadline for mailing the Notice of Application and the Notice of Hearing to taxpayers/owners of property located within 400 feet of the boundaries of the subject site 16 was March 14, 2000. Site Posted: The deadline for the applicant to post the site was March 14, 2000. 17 18 ALL NOTICE AND MAILING REQUIREMENTS HAVE BEEN MET. 19 Responses from the Public: There have been no written responses from the public At the 20 public hearing comments in favor of the proposal were presented. 21 Description of the Site: The subject site is 7.64 acres in area. The site is square in shape and slopes gently from the south to the north, except for 15-20% slopes on the southern edge of the 22 property abutting Grace Avenue The site has been graded in preparation for building a church A concrete slab and foundation have been constructed on site. 23 Description of Surrounding Neighborhood: The surrounding neighborhood is comprised 24 primarily of single-family dwellings on 10,000 square foot lots to the west and south of the subject site. An elementary school is located adjacent to the site to the north. East of the site are office 25 and commercial uses, with vacant land extending eastward therefrom. To the west of Pines Road is a developed single-family neighborhood The east side of Pines Road is developing into office, 26 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION: 4 LAW OJ11CES LUKINS & ANNIS A PROFESSIONAL SE'RVICE CORPORATION 1610 WASHINGTON TRUST FINANCIAL CENIT-R 717 W SPRAGUE AVE ASPOKANEIIVOL2U5DOC\PMRFOQK-MRF-FOURSQUARCS VALLEY CHURCH DOC 3/29100 SPOKANE WA 992014ur6 (519)455.9555 1 commercial and apartment uses. The subject site is located in an area between Trent Avenue and 190. Basalt outcroppings slope from the south to within about of a mile of the site. 2 Backciround: The site has been the subject of several land use actions including; 1) a zone 3 reclassification (ZE-131-78) from Agriculture to Multi-family Suburban (denied), 2) a zone reclassification (ZE-158-79) from Agriculture to Multi-family Suburban for the purpose of an 80 unit 4 condominium/apartment development (approved), 3) a change of conditions in 1980 (ZE158-79) removing two of the conditions from the original zone change (approved); 4) a change of 5 conditions in 1984 (ZE-158A-79) to increase the density of the proposed condominium/apartment development (denied); 5) an appeal of an Administrative Determination (AIE-6-99) interpreting 6 rezone conditions of approval limiting site development solely to condominium development (denied). 7 In 1978 the owner requested a zone change from Agriculture to Multi-family Suburban with a 8 commercial strip (ZE-131-78). The file contains over 110 letters from neighbors against the action. The zone reclassification was denied. In 1979 the owner again requested a zone change 9 from Agriculture to Multi-family Suburban, leaving out the commercial strip The proposed development was an 80-unit condominium/apartment complex The zone reclassification received 10 conditioned approval that limited the use of the property to the 80-unit condominium/apartment development Other conditions insured that the site would revert to Agriculture if the current 11 owner sold the land without fully developing it 12 In 1980 the owner requested a Change of Conditions for a previously approved zone change (ZE158A-79) asking that condition one be amended to read "Approval is granted for the sole 13 purpose of condominium development" and that conditions two and three be removed. Condition two stated, "if for any reason this project cannot be constructed, the zoning of the property shall be 14 reverted to the Agricultural Zone. Condition three stated "The sponsor in conjunction with the owner of the property record in the Spokane County Auditor's Office prior to a change in the 15 Zoning Map by staff, a statement to run with the property which is the subject of the zone change application that the zone change is invalid, and the property shall automatically revert to the 16 preexisting Agricultural Zone classification if the property is sold by Mary F. Calistro to another party prior to full development pursuant to the application " The Hearing Examiner Committee 17 approved petition on May 15, 1980. In 1984 another Change of Conditions for a previously approved zone change was submitted (new number was not assigned) requesting that the 18 condominium/apartment density be increased to 172 from 80, the petition was denied by the Hearing Examiner Committee. 19 In the fall of 1999 the owner applied for a building permit to build a church. During the review 20 process it was determined that ZE-158A-79 had limited the development uses of the site. Conditions of Approval as amended per Change of Conditions (ZE-158A-79) specifically states in 21 condition one "Approval is granted for the sole purpose of condominium development " The owner requested an Administrative Determination of condition one. The determination upheld the 22 condition and the determination was appealed. This hearing body denied the appeal (AIE-6-99) on January 26, 2000. The applicants have now filed an application for a Change of Conditions 23 (ZE-15813-79). On December 30, 1999 a Technical Review meeting was held with the applicants At that time the applicants were given a list of the items necessary to bring the subject application 24 in to Technically Complete status The applicants complied with the requirements and were issued a letter of Technically Complete on February 8, 2000. 25 Subject of Change of Conditions: On December 2, 1999, the applicant submitted an application 26 for a Change of Conditions for a previously approved zone change (ZE-158A-79). The applicant FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION: 5 LAWOPFICES Ll1KINS & ANN1S A PROFESSIONAL SERVICE CORPORATION I(XK) WASHINGTON TRUST FINANCIAL CrNTER 717 W SPRAGUE AVE \1SPOKANEIIVOL2\15DOC1P\1RFOQK-I\1RF-FOURSQUARES VALLEY CHURCH DOC 3/29/00 SPOKANE WA 99201446G (509) 455!1555 I requests that all previous Conditions of Approval be removed and the applicant be allowed to develop the subject site for uses allowed in the Urban Residential-22 (UR-22) zone. Specifically, 2 the applicant has submitted a site plan for the construction of a church on the subject site and requests that the previously imposed Conditions of Approval that limited the site to "sole purpose 3 of condominium development be removed. 4 5 Staff Analysis: 6 Comprehensive Land Use Plan- The subject site is designated Urban in the Spokane County Comprehensive Plan. The Characteristic Features section of the Urban Category of the 7 Comprehensive Plan states in part "Since Urban areas will be the most intensely developed of all the categories, it is primarily a residential Category of single-family, two-family, multifamily, and 8 condominium buildings along with neighborhood commercial, light industrial, and public and recreational facilities " Objective 1 1.a of the Urban Category of the Comprehensive Plan states 9 "Promote fill-in within established development areas and existing outlying communities where utilities, arterials, schools and community facilities have already been established." Decision 10 Guidelines for Object 1.5 a states "Buffering and/or landscaping will be used to mitigate the differences between proposed developments and existing uses." The subject proposal 11 implements the Comprehensive Plan as identified in the Comprehensive Plan Urban Category. The proposed use is fill-in development. The site has access to urban level services 12 such as public water, public sewer, electrical power, and telephone and lies adjacent to SR-27 (Pines Road), a heavily traveled State Highway. The Site Plan provides for landscaping along 13 Pines Road and on the boundary lines of the subject site that border residential development. 14 Zoning Analysis: The subject site is zoned Urban Residential-22 (UR-22). The site is located over the ASA overlay zone and is within the UTA, the PSSA, and Airport Overlay Zone The 15 subject site is not located in a neighborhood Association overlay area. According to the Spokane County Zoning Code "It is intended that this zone (UR-22) be used to add to the variety of housing 16 types and densities, and as an implementation tool for the Comprehensive Plan Urban Category. General characteristics of these areas include paved roads, public sewer and water, accessibility 17 to schools and libraries, and a full line of public services including manned fire protection and public transit accessibility Offices are permitted in the UR-22 zone in order to provide some of the 18 service needs generated by high-intensity land uses. The highest density residential zone, UR-22 is intended primarily for multiple-family dwellings and is usually located adjacent to major or 19 secondary arterials. It is used as a transition between low or medium density multiple-family uses and intensive commercial or low intensity industrial uses." The zoning of the proposal is in 20 conformity with the general zoning trends of the neighborhood. The site is bordered on the north and west by UR-3.5 zoning and to the south and east by UR-22 zoning. The owner requests 21 that the conditions of ZE158A-79 be removed to allow the construction of a Church on the site. The subject site's UR-22 zoning of generally permits churches as an outright permitted use per 22 Chapter 14.605 of the Spokane County Zoning Code The subject site's zone reclassification (ZE- 158A-79) as conditioned precludes any use other than the use of the site for condominium 23 development (see Division of Building and Planning Administrative Decision of 11-18-99) 24 Design: The applicant has submitted a site plan proposal for the subject parcel that improves the property with a church, associated parking and landscaping. The applicant's application was 25 considered technically complete on February 8, 2000 and the site plan meets the zoning requirements. The applicant and WSDOT have agreed on an amount to be contributed toward the 26 provision of a future signal at the Pines Road and Euclid Avenue intersection. Access to the FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION: 6 LA„°&I`ES LUKiNS & AlYN1S A PROFESSION4L SL'RVICE CORPORATION I(NKI WASHINGTON TRUST FINANCIAL CENTER 717 W SPRAGUE AVF. USPOKANEI\VOL2\15DOC\PMRFOQK-MRF-I'OURSQUARES VALLEY CHURCH DOC 3/29/00 SPOKANE WA 9+20141466 (510/) 455-9355 I property will be limited by WSDOT to two access points. One access point will be at the north property boundary, the second access point will be approximately midway between the property's 2 north and south boundary along Pines Road. 3 Proposed Site Plan Use: Church 4 Proposed Buildings: One Church, no accessory buildings are proposed. Building Footprint Area: 21,201 Square feet 5 Site Coverage: 6 05% Maximum Structure Height: 35'- 9" 6 Building Setbacks: Proposed Required Front yard 168' 25' 7 Flanking yard No flanking streets Side yard (R) 83'- 6" 5' for each story of bldg. 8 Rear yard (L) 15' from property line approx 250' Parking 123 stalls 100 stalls 9 Proposed Buffering/Landscaping Techniques: 10 Front Yard: 25' of type I I I Landscaping 11 Left Side Yard: 10' type I Landscaping Right Side Yard: 10' type I Landscaping along parking area of Trent Elementary School 12 Rear Yard: 10' type I Landscaping along zoning boundary line and a six (6) foot high sight- obscuring fence. 13 The site plan submitted for review by the Hearing Examiner is general in nature. Detailed review 14 to determine compliance with all Zoning Code regulations and conditions of approval is recommended to be administrative and to occur at the Building Permit stage 15 Project Summary 16 The proposed site plan is generally consistent with and implements the Urban category of the Comprehensive Plan and the purpose and intent of the Urban Residential-22 (UR-22) 17 zone 18 III. CONCLUSIONS OF LAW 19 20 1. ALL NOTICE AND MAILING REQUIREMENTS HAVE BEEN MET. 21 2. The subject proposal implements the Comprehensive Plan as identified in the 22 Comprehensive Plan Urban Category 23 3. The zoning of the proposal is in conformity with the general zoning trends of the neighborhood 24 4. The proposed site plan is generally consistent with and implements the Urban 25 category of the Comprehensive Plan and the purpose and intent of the Urban Residential- 22 (UR-22) zone 26 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION: 7 LAW OFFICES LUKINS & ANN1S A PROFESSIONAL. SFRVICE CORPORATION KAIU WASHINGTON TRUST FINANCIAL CENTER 717 W SPRAGUE AVE USPOKANE I1VOL2115DOC\PAIRFOQK-T4Rr-roURSQUARES VALLEY CHURCII DOC 3/29/00 SPOKANC, WA 992014)4(.-P (5419) 453--9553 1 2 Attachments A. Conditions of Approval 3 4 IV. ORDER OF DECISION 5 Based upon the foregoing factual findings and conclusions of law, Petitioners request for 6 removal of conditions is GRANTED pursuant to the conditions attached as Exhibit A. 7 DONE IN OPEN SESSION OF THIS HEARING BODY THIS 29TH DAY OF MARCH, 2000. 8 9 10 11 SPOKANE COUNTY 12 HEARING EXAMINER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION: 8 LAW O LUKINS & & A NNIS A PROFESSIONAL SERVICE CORPORATION I6(X) WASHINGTON TRUST FINANCIAL CEN`ITR 717 W SPRAGUE AVE \\SPOKANEI\VOL2\15DOC\PMRF0QK-D1Rr-l-OURSQUARES VALLEY CHURCII DOC 3/29/00 SPOKANE. WA 99201A -6 (509) 455!)555 i I 'CONDITIONS -OF APPROVAL- FOIE ZE-1 5,8B-79 4 T A V Ill f ~ u DIVISION OF PLANNING SPOT CouxTy 1. All conditions imposed by the bearing Examiner shah be binding on the "Applicant", which term shall include the owner(s) of the property, heirs, assigns and successors. 2 T applies to the following real The zone change property, Assessor's Parcel No. 45091.9001 3 The proposal shall comply with the Urban Residential-22 (UFO-22) zone and all applicable chapters of the Spokane Counter Zoning Code, as amended. 4 The applicant shall develop the subject property generally in accordance with the concept presented to the Heanng Examiner. Variations, when approved by the Director of Planning/designee, may be permitted, including but not limited to building location, landscape plans and general allowable uses of the permitted zone, All variations must conform to regulations set forth in the Spokane County Zoning Code, and the original intent of the development plans shall be maintained. 5. Approval is required from the Director of the Division of Planning/designee of a specific lighting and signing plan for the described property prior to the release of any building permit. 6 Direct light from any exterior area lighting fixture shall not extend over the property boundary 7. specific landscape plan, planting schedule and provisions for the maintenance acceptable to the Director of the Division of Planning/designee shall be submitted with a performance bond or other suitable guarantee for the project prior to release of any building permits Landscaping shall be installed and maintained so that sight distance at access points is not obscured or impaired. 8 The applicant owns a small parcel (45091 0746) zoned UR-3 5 adjoining the subject site on the south boundary. The adjoining parcel is approximately 22,7' 5527 in size The applicant is advised that Parcel 45091.0746 is not a part of the site plan and the landscaping must be placed on the south boundary of the subject site. 9 Prior to issuance of a Certificate of Occupancy permit, the Planning Department shall inspect the subject parcel for proper placement of the landscaping EXHIBIT 4 1 2 3 4 SPOKANE COUNTY HEARING EXAMINER 5 6 7 FOURSQUARES VALLEY CHURCH and NO. ZE-158B-79 TOM HAMILTON g Petitioners, ORDER OF DECISION 9 10 RE: PETITION TO REMOVE CONDITIONS FROM PREVIOUSLY 11 APPROVED ZONE RECLASSIFICATION (ZE-15 8A-79) 12 13 14 15 SUMMARY OF PETITION AND DECISION 16 17 Petition: Seeking a change of conditions to a previously approved zone reclassification 18 (ZE-158A-79) that restricted development to Condominium purposes only. The applicant is 19 requesting allowance to construct a church and those uses allowed in the Urban Residential-22 20 (UR-22) zone 21 22 Decision: Granted with conditions as set out on Exhibit A attached hereto and incorporated 23 herein by reference. 24 25 26 ORDER OF DECISION: 1 LAW OFFICES L.UKINS & ANNIS A PROTESSIONAL SERVICE CORPORATION I(OKI WASHINGTON TRUST FINANCIAL CENTER 717 W SPRAGUE AVF \\SPOKANEI\VOL2\15DOCTMRFOQM-MRF-FOURSQUARI: DOC 3/29/00 SPOKANE WA 972014466 (509)455-9555 1 2 Attachments A. Conditions of Approval 3 4 ORDER OF DECISION 5 Based upon the foregoing factual findings and conclusions of law, Petitioners request for 6 removal of conditions is GRANTED pursuant to the conditions attached as Exhibit A. 7 DONE IN OPEN SESSION OF THIS HEARING BODY THIS 29TH DAY OF MARCH, 2000. 8 9 10 11 SPOKANE COUNTY 12 HEARING EXAMINER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER OF DECISION: 2 LAW OFFICES LUKINS & ANNIS A PROFESSIONAL SERVICE CORPORATION IMO WASHINGTON PRUST rINANC1AL CENTER 717 W SPRAGUE A VE 1\SPOKANEAVOL2\15DOCXPMRFOQM-MRF•FOURSQUARE DOC 3!29100 SPOKANE, WA 99201-(W(di ('Ai9) 455-9555 CONDITIONS OF l APPROVAL FOR ZE-1586-79 2_ _ (j_j _ IV~l l1 DIVISION OF PLANNING SPOKA~ COUWY 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which term shall include the owner(s) of the property, heirs, assigns and successors. 2. The zone change applies to the following real property: Assessor's Parcel No. 45091.9001 3. The proposal shall comply with the Urban Residential-22 (UR-22) zone and all applicable chapters of the Spokane County Zoning Code, as amended. 4 The applicant shall develop the subject property generally in accordance with the concept presented to the Hearing Examiner. Variations, when approved by the Director of Planning/designee, may be permitted, including but not limited to building location, landscape plans and general allowable uses of the permitted zone. All variations must conform to regulations set forth in the Spokane County Zoning Code, and the original intent of the development plans shall be maintained 5. Approval is required from the Director of the Division of Planning/designee of a specific lighting and signing plan for the described property prior to the release of any building permit. 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 the maintenance acceptable to the Director of the Division of Planning/designee shall be submitted with a performance bond or other suitable guarantee for the project prior to release of any building permits. Landscaping shall be installed and maintained so that sight distance at access points is not obscured or impaired. 8 The applicant owns a small parcel (45091.0746) zoned UR-3.5 adjoining the subject site on the south boundary The adjoining parcel is approximately 22 7X 552.7' in size The applicant is advised that Parcel 45091.0746 is not a part of the site plan and the landscaping must be placed on the south boundary of the subject site 9 Prior to issuance of a Certificate of Occupancy permit, the Planning Department shall inspect the subject parcel for proper placement of the landscaping EXHIBIT _ A -1 LUKIN S & ANNIS, p . S . ATTORNEYS AT LAw 1600 WAmi NGTON TRUST FINANCIAL CENTER • 717W SpRtva u AVE • SNOKME, WA 99201-0466 PHONE (509) 455-9555 • FAx (509) 747-2323 Mlschelle R. Fulghain Admitted Ili Idaho and Washington Attorney Email address MFulgllam a alms com Direct Fax- (509) 363-2478 January 5, 2000 VIA HAND DELIVERY M r Ron Hand, Planner Spokane County Planning 1026 W Broadway Avenue Spokane, WA 99260-0240 Re Tom Hamilton/Foursquares Valley Church Petition for Change of Conditions, ZE 158-79 Dear Ron Enclosed is First American Title Company's letter of December 22, 1999, which includes the following 1 List of owners, taxpayers and occupants of the properties in the vicinity of the subject property, 2 Copies of the maps and printouts used to compile the list, 3 Title Company Certification and Applicant's Agent Certification, and 4 Envelopes for each property owner and taxpayer Please do not hesitate to contact me if you have any questions about the enclosed items Very truly yours, 4VW& e MT CHELLE R FUL HAM MRF Us Enclosures cc Client (w/o enclosures) 1\SPOKAI\TE1\VOL2\15DOC\LDFSOOF-D1,"S bOC SPOKANE • COEVR d'ALENE • MOSES LAKE ZONE CHANGE Fridav, March 03, 2000 Parcel Taxpaver Info. Owner Info. Site Address 45033 9040 IVORY INVESTMENTS B & A INVESTMENTS PO BOX 141449 PO BOX 141449 0 ADDRESS UNKNOWN SPOKANE WA 99214-1449 SPOKANE WA 99214-1449 Legal 03 25 44 UNPLATTED PTN OF SW1/4 OF SW1/4 S OF NP RY CO R/W EXC BEG SW COR SEC 3 TH N ALG WL OF SEC SD LN ALSO BEING C/L 0 F PINES RD 822 6FT TH N65DEG 46MIN E32 9FT M/L TO INTER OF E RAN LN PINES RD & SLY R/W LN NP RY SD PT BEING TRUE POB TH CONT N65DEG 46MIN E ALG SLY R/W LN OF SD NP RY 984 6FT TH N73DEG 20MIN E ALG SD NP RY 220 6FT TH AT R/A TO SD R/W S16DEG 40MIN E350F T TH S73DEG 20MIN W350FT TH N16DEG 40MIN W292 6FT TH S65DEG 46MIN W867FT TO PT ON E R/W LN PINES RD TH N43 8FT M/L TO TRUE POB & EXC ANY PT WITHIN< BEG 620FT E OF SW COR TH E170FT TH N 155FT TH W170FT TH S155FT TO POB & EXC THAT PTN WITHIN FOL DESC P ARCEL< BEG AT PT ON W LN OF SEC 3 822 6FT N OF SW COR TH N65DEG 46MIN El 017 5FT ALG SLY RM LN OF NP RY TH N73DEG 20MIN E220 6F T ALG SD R/W TO TRUE POB TH CONT N73DEG 20MIN E ALG SD R/W 451 40 FT TH S49DEG 16MIN E169 93FT TH S69DEG 34MIN W544FT TH N16DEG 40 MIN W178 8FT TO TRUE POB AND EXC L5,6,7 BLK34 LOUISVILLE ADD 45044 1126 CORONADO, YUL E & ROSE M CORONADO, YUL E & ROSE M 11928 E RAILROAD AVE 11928 E RAILROAD AVE 11928 E RAILROAD AVE SPOKANE WA 99206-4659 SPOKANE WA 99206-4659 Legal PINES WEST 1ST ADD LT 26 B1 45044.1127 BEHAR, MICHAEL D & SHERRI M BEHAR, MICHAEL D & SHERRI M 12027 E RAILROAD CIR 12027 E RAILROAD CIR 12027 E RAILROAD CIR SPOKANE WA 99206-4666 SPOKANE WA 99206-4666 Legal PINES WEST 1 ST ADD LT 27 B1 45044 1128 SPO COUNTY SPOKANE COUNTY 1116 W BROADWAY AVE 1116 W BROADWAY AVE 0 ADDRESS UNKNOWN SPOKANE WA 99260-0010 SPOKANE WA 99260-2052 Legal PINES WEST 1ST ADD LT 28 131 (1 FT STRIP) 45044 1211 BEDARD, FRED W & SANDRA L BEDARD, FRED W & SANDRA L 12015 E RAILROAD CIR 12015 E RAILROAD CIR 12015 E RAILROAD CIR SPOKANE WA 99206-4666 SPOKANE WA 99206-4666 Legal PINES WEST 1 ST ADD L11 B2 45044 1212 ALLERT, BRENT C & THERESA ALLERT, THERESA 12019 E RAILROAD CIR 12019 E RAILROAD CIR 12019 E RAILROAD CIR SPOKANE WA 99206-4666 SPOKANE WA 99206-4666 Legal PINES WEST 1 ST ADD L12 B2 Page I of 10 Parcel Taxpayer Info. Owner Info. Site A ddress 45044 1213 MEALEY, G B & J MEALEY, G BRIAN 12003 E RAILROAD CIR 12023 E RAILROAD CIR 12023 E RAILROAD CIR SPOKANE WA 99206-4666 SPOKANE WA 99206-4666 Legal PINES WEST 1ST ADD L13 B2 450441301 HUBER, D F& J A HUBER, D F& J A 12016 E RAILROAD CIR 12016 E RAILROAD CIR 12016 E RAILROAD CIR SPOKANE WA 99206-4666 SPOKANE WA 99206-4666 Legal PINES WEST 1 ST ADD LT 1 63 45044.1309 ALLEN, DELORES ALLEN, DELORES 12022 E RAILROAD CIR 12022 E RAILROAD CIR 12022 E RAILROAD AVE SPOKANE WA 99206-4666 SPOKANE WA 99206-4666 Legal PINES WEST 1ST ADD L9 B3 45044 9022 EAST VALLEY SCHOOL DIST EAST VALLEY SCHOOL DIST #361 12325 E GRACE AVE 3303 N PINES RD 3303 N PINES RD SPOKANE WA 99216-3716 SPOKANE WA 99206-4612 Legal 04 25 44 PT SE1/4 OF SE1/4,BEG 30FT W OF SE COR TH N TO PT 123 5FT S OF NP RR R/W TH W150F T TH N78 65FT TO SLY LN SD RR TH S73DEG 21 MIN W ALG SD RR 655 3F T THS TO S LN SEC TH E ALG S LN TO POB 45091.0101 KORN, JOHN P KORN, J P 12103 E FREDERICK AVE 12103 E FREDERICK AVE 0 ADDRESS UNKNOWN SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH E26 9FT L1 B1 45091 0102 KORN, JOHN P KORN, J P 12103 E FREDERICK AVE 12103 E FREDERICK AVE 12103 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH W80FT L1 B1 45091 0103 MISTEREK, W C MISTEREK, W C 12025 E FREDERICK AVE 12025 E FREDERICK AVE 12025 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH L2 B1 45091 0104 SCHROEDER, MONTE SCHROEDER, MONTE PO BOX 14042 PO BOX 14042 12019 E FREDERICK AVE SPOKANE WA 99214-0042 SPOKANE WA 99214-0042 Legal MIRABEAU RANCH L3 61 45091 0105 MARTIN, LAWRENCE & KATHERINE MARTIN, LAWRENCE & KATHERINE 12011 E FREDERICK AVE 12011 E FREDERICK AVE 12011 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH L4 61 Page 2 of 10 Parcel Taxpayer Irmo. Owner Info. Site Address 45091 0106 BROWN, JAMES T BROWN, JAMES T & JANA L 12005 E FREDERICK AVE 12005 E FREDERICK AVE 12005 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE A 99206-4626 Legal MIRABEAU RANCH L5 131 45091 0229 WADE, ROGER & ELIZABETH WADE, ROGER D & ELIZABETH R 12104 E FREDERICK AVE 12104 E FREDERICK AVE 12104 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 LeuaI MIRABEAU RANCH L, B2 45091 0230 SHULKIN, ELIV ER R SHULKIN, E R 12424 E FREDERICK AVE 12024 E FREDERICK AVE 12424 E FREDERICK AVE SPOKANE A 99206-4626 SPOKANE WA 99206-4626 Legal MIRABEAU RANCH L2 B2 45091 0231 WUNDERLICH, M VVUNDERLICH, M 12018 E FREDERICK AVE 12018 E FREDERICK AVE 12018 E FREDERICK AVE SPOKANE WA 99206-4626 SPOKANE WA 99206-4626 Legal M I RABEAU RANCH L3 132 45091.0232 MASON, EARL N MASON, EARL N 12012 E FREDERICK AVE 12012 E FREDERICK AVE 12012 E FREDERICK AVE SPOKANE A 99206-4626 SPOKANE A 99206-4626 Legal MIRABEAU RANCH L4 62 45091.0233 MELTON, LAVERN A & MARY MELTON, LAVERN A & [MARY 12011 E FAIRVIEW AVE 12011 E FAIRVIEW AVE 12011 E FAIRVIEW AVE SPOKANE WA 99206-4622 SPOKANE WA 99206-4622 Legal MIRABEAU RANCH L5 62 4.091 0234 HOWARD LIVING TRUST HOWARD LIVING TRUST 12015 F FAIRVIEW AVE 12015 E FA[RVIEW AVE 0 ADDRESS UNKNOWN SPOKANE WA 99206 SPOKANE WA 99206 Legal IVIIRABEAU RANCH L6 132 45091 0235 FINN, JOHN M FINN, JOHN M WACHTER, ANNE K 12019 E FAIRVIEVV AVE 12019 E FAIRVIEW AVE 0 ADDRESS UNKNOWN SPOKANE WA 99206 SPOKANE WA 99206 Legal MIRABEAU RANCH L7 BZ 45091 0236 MYERS, JACK C MYERS, JACK C & RAMONA L 6413 E JOSEPH LN 6413 E JOSEPH LN 0 ADDRESS UNKNOWN SPOKANE A 99217-9775 SPOKANE A 99217-9775 Legal MIRABEAU RANCH LB 132 Page 3 of 10 Parcel Tr vpayer Info. Owner Info. FSile Addres s 45091 0337 SPOKANE HOUSING AUTHORITY SPOKANE HOUSING AUTHORITY 55 MISSION AVE 55 W MISSION AVE 11924 E FREDERICK{ AVE SPOKANE WA 99201-2319 SPOKANE A 99201-2319 Legal MIRABEAU RANCH L1 B3 45091 0355 BUSH, KENNETH BUSH, KENNETH 11923 E FAIRVIEW AVE 11923 E FAIRVIE AVE 11923 E FAIRVIEW AVE SPOKANE WA 99206-2625 SPOKANE WA 99206-2625 Legal MIRABEAU RANCH L18 B3 - 45091 0619 LEONARD E COMBS COMBS, LEONARD E & ERIKA M 11924 E FAIRVIEW AVE 11924 E FAIRVIEW AVE 11924 E FAIRVIEW AVE SPOKANE WA 99206 SPOKANE VVA 9920£-2613 Up] MIRABEAU RANCH L'1 86 45091 0636 DEFRANCESCO, SHARON DEFRANCESCO, S 11923 E. GRACE AVE 11923 E GRACE AVE 11923 E GRACE AVE SPOKANE WA 99206-2629 SPOKANE WA 99205-2629 Legal MIRABEAU RANCH L18 B6 45091 07,39 GLASS, STEVEN S & JAMI A GLASS, STEVEN S & JAMI A 12{10 E FAIRVIEW AVE 12010 E FAIRVIEW AVE 0 ADDRESS UNKNOWN SPOKANE WA 99206-4622 SPOKANE WA 99206-4622 Legal MIRABEAU RANCH L3 137 45091 n740 GLASS, STEVEN S & JAMI A GLASS, STEVEN S & JA MI A 12010 E FAIRVIEWAVE 12010 E E;AIRVIEWAVE 12010 E FAIRVIEWAVE SPOKANE WA 99206-4622 SPOKANE WA 99206-4622 Legal MIRABEAU RANCH L4 B7 45091 0746 IN-rL CHURCF FOURSQUARE GOSPEL PINES SEWER DEVELOPMENT, INC PO BOX 26902 PO BOX 14686 0 ADDRESS UNKNOWN LOS ANGE CA 90026 SPOKANE WA 99214 Legal MIRABEAU {RANCH PT L9 87 &UT05 B8 PTN LYG N OF LN ITN FIB M PT 227FTSOF NWCCRL9B7TO FL LI 138 AT PT6674FTSOF NECO R OF SEC 450910772 SCHROEDER, DOUGLAS & SHAUNA SCHROEDFR, DOUGLAS AND SHAUNA 12009 E GRACE AVE 12009 E GRACE AVE 12009 E GRACE AVE SPOKANE WA 99206-4606 SPOKANE WA 99206-4606 Legal MIRABEAU RANCID ALL L5, VV7FT L6 137 - - - - - 45091 0774 N€CK, T E& L NICK, T E& L 12107 E GRACE AVE 12107 E GRACE AVE 12107 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Legal MIRABEAU RANCH E53FT OF L8< L9 B7 E C E44FT & E XC PTN LYG N OF LN DRN FROM PT 22 7FT S OF NW COR L9 B7 TO E L OF L1 B8 AT PT6674FT5OFNECOROFSEC pago 4 of 10 Parcel Taxpayer Info. Owner Info. Site Address e 4.5091 0776 NGUYEN. HOANG fH NGUYEN, HOANG H 5606 N NORTHWOOD DR 5606 N NORTHWOOD OR 12025 E GRACE AVE SPOKANE WA 99212-1677 SPOKANE WA 99212-1677 Legal MIRABEAU RANCH 1-8 EXC E53FT & E63FT OF L7 B7 45091, 0778 BUTLER, JIM J & CAREY A BUTLER, JIM J & CAREY A 12019 E GRACE AVE 12019 E GRACE AVE 12019 E GRACE AVE SPOKANE WA 99206-4606 SPOKANE WA 99206-4606 Legal MIRABEALI RANCH E79FT L6 & L7 E C E63FT 67 45091 X1779 VOLLAND, KAREN L VOLLAND, KAREN L 12024 E FAIRVIEW AVE 155 N LAKE AVE 12024 E FAIRVIEVVAVE SPOKANE WA 99266-4622 PASADENA CA 91101-1857 Le-al MIRABEAU RANCH LT 2 BLK 7 AND W8FT OF LT 1 BLK 7 4509) 0780 KNOLL, KEITH W & CHERYL L KNOLL, KEITH & CHERYL L 12104 E FAIRVIEW AVE 12104 E FAIRVIEUVAVE 12104 E FAIRVIEW AVE SPOKANE A 99206-4622 SPOKANE WA 99205-4622 Legal MIRABEAU RANCH LT 1 BILK 7 EXC W8FT 45091 0847 VAVRA, DEBBIE A VAVRA, DEBBIE A 12213 E GRACE AVE 12213 E GRACE AVE 12221 E GRACE AVE SPOKANE A 99205-2610 SPOKANE WA 99206-2610 Leal M~RABEAU RANCH PT OF L1 B8 EXG PTN LYG N OF LN DRN FR M PT 22 7FT S OF NWCOR L9 B7 TO EL Ll B8 AT PT 667 4FT S OF NECO R OF SEC 45 091 0852 VAVRA, DEBRA VAVRA, DEBRA A 12213 E GRACE AVE 1706 N CAVALIER RD 12213 E GRACE AVE SPOKANE WA 99206-2610 GREENACRES WA 99016-9467 I-coal MIRABEAU RANCH L2< E1OFT OF L3 B8 EXC PTN LYG N OF LN DRN FROM PT 22 7FT S OF NW CDR L9 B7 TO EL L1 BLK 8 AT P T 667 4FT S OF NE COR OF SEC 45091 0853 EQUICREDIT CORPORTATION OF WA FIRST BANK NATIONAL ASSOC PO BOX 53077 PO BOAC 53077 12205 E GRACE AVE JACKSON FL 32256 JACKSONVILLE FL 32201 Legal MIRABEAU RANCH L3 EXC E10FT< E20FT OF L4 138 EXC PTN LYG N OF LN DRN FROM PT 22 7FT S OF NW COR L9 B7 TO EL L 1 BLK 8 AT PT 667 4FT PF NE COR OF SEC 450910856 RICHARDS, DAVID L & VIVIAN L RICHARDS, DAVID L & VIVIAN L 12123 E GRACE AVE 12123 E GRACE AVE 12123 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Legal MIRABEAU RANCH L4 EXC E20FT & E30FT OF L5 138 EXC PTN L YG N OF FOL DESC LN< BEG AT PT ON LN OF L9 B7 22 7FT SLY OF N W COR OF SD LOT & EXT TO PT ON E LN OF SEC 9-25-44 667 4FT SLY OF NE COR OF SD SEC< Page 5ofIo Nrce! T«tpuyer Info. Owner Info. Site Address 45091.0857 LINDLEY, DAVID N LINDLEY, DAVID N 12117 E GRACE AVE 12117 E GRACE AVE 12117 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Legal MIRABEAU RANCH L5 B8 EXC E30FT & E40FT OF L9 B7 EXC P TN LYG N OF LN DRN FROM PT 22 7FT S OF NW COR L9 137 TO E LN L1 B8 AT PT 667 4FT S OF NE COR OF SEC 45091 0952 PFEIFER LIVING TRUST PFEIFER LIVING TRUST 12220 E GRACE AVE 12220 E GRACE AVE 12220 E GRACE AVE SPOKANE WA 99206-2610 SPOKANE WA 99206-2610 Legal MIRABEAU RANCH L1 B9 45091 0953 PAZER, KEN PAZER, KEN 8620 E BROADWAY AVE 8620 E BROADWAY AVE 12212 E GRACE AVE SPOKANE WA 99212-2714 SPOKANE WA 99212-2714 Legal MIRABEAU RANCH L2 139 45091 0954 BILGAR, VASILE W BILGAR, VASILE W 12204 E GRACE AVE 12204 E GRACE AVE 12204 E GRACE AVE SPOKANE WA 99206-2610 SPOKANE WA 99206-2610 Legal MIRABEAU RANCH L3 B9 45091 0955 BEACH, E A& J Y BEACH, E A& J Y 12124 E GRACE AVE 12124 E GRACE AVE 12124 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Legal MIRABEAU RANCH L4 B9 45091 0956 HENDERSON JR, K L HENDERSON JR, K L 12116 E GRACE AVE 12116 E GRACE AVE 12116 E GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Legal MIRABEAU RANCH L5 139 45091 0957 BENNETT, DEBORAH L BENNETT, DEBORAH L 12115 E BUCKEYE AVE 12115 E BUCKEYE AVE 12115 E BUCKEYE AVE SPOKANE WA 99206-2619 SPOKANE WA 99206-2619 Legal MIRABEAU RANCH L6 B9 45091 0958 HEID, REBECCA HEID, R /BOYER,P & J/FUHER, A 11821 E FREDERICK AVE 11821 E FREDERICK AVE 12123 E BUCKEYE AVE SPOKANE WA 99206-4625 SPOKANE WA 99206-4625 Legal MIRABEAU RANCH L7 69 45091 0959 AAFEDT, R B& K L AAFEDT, R B& K L 12205 E BUCKEYE AVE 12205 E BUCKEYE AVE 12205 E BUCKEYE AVE SPOKANE WA 99206-2620 SPOKANE WA 99206-2620 Legal MIRABEAU RANCH L8 B9 Page 6 of 10 Parcel Taxpayer Info. Owner Info. Site Address 45091 0960 QUICK, MARK D & LORI L QUICK, MD & L L 12213 E BUCKEYE AE 12213 E BUCKEYE AVE 12213 E BUCKEYE AVE SPOKANE WA 99206-2620 SPOKANE A 99206-2620 Legal MIRABEAU RANCH L9 89 45091 0961 PHAN, TUAN VAN & THI LE PHAN, TURN VAN/LE, PHAN THI 12221 E BUCKEYE AVE 12221 E BUCKEYE AVE 12221 E BUCKEYE AVE SPOKANE WA 99206-2620 SPOKANE A 99206-2620 Leal MIRABEAU RANCH L10 B9 45191 106x2 PORTER, JAMES D PORTER, JAMES D 121 10 E GRACE AVE 12110 E GRACE AVE 12110 IF (GRACE AVE SPOKANE WA 99206-2609 SPOKANE WA 99206-2609 Leal MIRABEAU RANCH L1 B10 45191 1063 STERLING SAVINGS LAVIGNE, DANIEL P & LAURI 5 111 N WALL ST 12104 E GRADE 12104 E GRACE AVE SPOKANE WA 99201 SPOKANE WA 45091 1063 Decal MIRABEAU RANCH L2 B10 45091 1064 WILSON, WARRED C WILSON, WARREN C 12024 E GRACE AVE 12024 E. GRACE AVE 12024 E GRACE AVE SPOKANE WA 99206-4606 SPOKANE WA 99206-4606 Leal MIRABEAU RANCH L3 B10 45091 1065 LUND, JOSEPH J LUND, JOSEPH J 12016 E GRACE AVE 12018 E GRACE AVE 12018 E GRACE AVE SPOKANE WA 99206-4606 SPOKANE WA 99206-4506 Legal MIRABEAU RANCH L4 B10 4j091 1066 COLGLAZIER, TERRI L & KIMBERLY K TEIGEN, J D 12010 E GRACE AVE 12010 E GRACE AVE 12010 E GRACE AVE SPOKANE WA 99206-4606 SPOKANE WA 99206-4606 Legal MIRABEAU RANCH L5 B10 45091.1067 ZUROSKE LIVING TRUST ZUROSKE LIVING TRUST 12009 E BUCKEYE AVE 12009 E BUCKEYE AVE 12009 E BUCKEYE AVE SPOKANE A 99206-4643 SPOKANE A 99206-4643 Legal MIRABEAU RANCH L6 B10 4509) 1068 BURROWES, SEAN P & KATHERINE BURROWS, SEAN & CATHERINE 12019 E BUCKEYE AVE 12019 E BUCKEYE AVE 12019 E BUCKEYE AVE SPOKANE A 99206-4643 SPOKANE WA 99206-4643 Legal MIRABEAU RANCH L7 910 Page 7 of 70 Ptrrcel Ttrxpayer Info. Owner Info. Site Address 45091 1069 HIETT, RICHARD L HIETT, RICHARD L 12025 E BUCKEYE AVE 12025 E BUCKEYE AVE 12025 E BUCKEYE AVE SPOKANE WA 99206-4643 SPOKANE WA 99206-4643 Legal MIRABEAU RANCH L8 B10 45091 1070 OTTO, BILL&CINDY OTTO, BILL & CINDY 12103 E BUCKEYE AVE 12103 E BUCKEYE AVE 12103 E BUCKEYE AVE SPOKANE WA 99206-2619 SPOKANE WA 99206-2619 Legal MIRABEAU RANCH L9 B10 45091 1071 DIMICO, P & R DIMICO, P & R 12109 E BUCKEYE AVE 12109 E BUCKEYE AVE 12109 E BUCKEYE AVE SPOKANE WA 99206-2619 SPOKANE WA 99206-2619 Legal MIRABEAU RANCH L10 B10 45091 1101 MEHLBRECH, EUGENE MEHLBRECH, E & D 11924 E GRACE AVE 11924 E GRACE AVE 11924 E GRACE AVE SPOKANE WA 99206-2608 SPOKANE WA 99206-2608 Legal MIRABEAU RANCH L1 B11 45091 1118 ZIBIN, DIANE & HENRY ZIBIN, DIANE M & HENRY 11923 E BUCKEYE AVE 11923 E BUCKEYE AVE 11923 E BUCKEYE AVE SPOKANE WA 99206-2624 SPOKANE WA 99206-2624 Legal MIRABEAU RANCH L18 B11 45091 9001 INT-L CHURCH FOURSQUARE GOSPEL PINES SEWER DEVELOPMENT, INC PO BOX 26902 PO BOX 14686 3001 N PINES RD LOS ANGE CA 90026 SPOKANE WA 99214 *Legal 09 25 44 PT OF NE1/4 OF NE1/4< BEG AT NECOR OF SEC TH S 637 4FT TH W552 7FT TH N637 4FT TH E549 7FT TO POB 45102 0101 JAMAW PARTNERSHIP, J J JAMAW PTNSHIP 1825 N HUTCHINSON RD 9016 E INDIANA AVE 00100 0 ADDRESS UNKNOWN SPOKANE WA 99212-2444 SPOKANE WA 99212-2464 Legal PINES NORTH OFFICE PARK L1 B1 45102.0102 JAMAW PARTNERSHIP, J J JAMAW PARTNERSHIP 1825 N HUTCHINSON RD 9016 E INDIANA AVE #100 0 ADDRESS UNKNOWN SPOKANE WA 99212-2444 SPOKANE WA 99212-2464 Legal PINES NORTH OFFICE PARK L2 B1 45102 0103 PETROSOL INTERNATIONAL PETROSOL INTERN 200 N MULLAN RD 00201 200 N MULLAN RD 00201 0 ADDRESS UNKNOWN SPOKANE WA 99206-3793 SPOKANE WA 99206-3788 Legal PINES NORTH OFFICE PARK L3 131 Page 8 of 10 Parcel Taxpayer Info. Owner Info. Site Address 45 10.2 0201 FELDMAN, WILLIAM C FELDMAN, W C & B 3608 VII ROCKWELL AVE 3608 W ROCKWELL AVE 0 ADDRESS UNKNOWN SPOKANE VITA 99205-1769 SPOKANE WA 99205-1769 Legal PINES NORTH OFFICE PARK L1 B2 451 2 0202 FELDMAN, WILLIAM C PERSON, FELDMAN 3608 W ROCKWELL AVE 8608 W ROCKWELL AVE 0 ADDRESS UNKNOWN SPOKANE WA 99205-1769 SPOKANE WA 99205-1769 Legal PINES NORTH OFFICE PARK TR 4510? 0301 EAST VALLEY SCHOOL DIST EAST VALLEY SCHOOL FIST #361 12328 E GRACE AVE 3415 N PINES RD 12325 E GRACE AVE SPOKANE WA 99216-3716 SPOKANE WA 9920E-4613 Legal PINES NORTH OFFICE PARK REPLAT LT 1 81 45102 0302 EAST VALLEY SCHOOL DIST EAST VALLEY SCHOOL DIST#361 12325 E GRACE AVE 3415 N PINES RD 0 VACANT LAND SPOKANE WA 99216-3716 SPOKANE A 99206-4613 Regal PINES NORTH OFFICE PARK REPLAT LT 2 131 - - - 45102 0303 FELDMAN, WILLIAM C FELDMAN, WILLIAM C & BETSY M 3608 W ROCKWELL AVE 602 N 12TH AVE 0 ADDRESS UNKNOWN SPOKANE WA 99245-1769 EDMONDS A 98020-2933 Legal PINES NORTH OFFICE PARK REPLAT LT 81 451020304 JAMAW PARTNERSHIP, J J JAMAW PTNSHIP 1825 N H€JTCHINSON RD 9016 E INDIANA AVE 001100 0 ADDRESS UNKNOWN SPOKANE VITA 99212-2444 SPOKANE WA 99212-2464 Legal PINES NORTH OFFICE PARK REPLAT LT 4 131 45102 X1305 EAST VALLEY SCHOOL DIST EAST VALLEY SCHOOL DIST #361 12325 E GRACE AVE 3415 N PINES RD 0 VACANT LAND SPOKANE VITA 99216-3716 SPOKANE WA 99206-4613 Legal PINES NORTH OFFICE PARK REPLAT LT 5 131 45102.0306 JAMAW, J JAMAW, J 1825 N HUTCHINSON RD 3FL 907 W RIVERSIDE AVE 0 ADDRESS UNKNOWN SPOKANE WA 991212-2444 SPOKANE WA 99201-1006 Legal PINES NORTH OFFICE PARK REPLAT LT A 1131 45102 0.07 JAMAW, J JAMAW, J 1825 N HUTCHINSON RD 3FL 907 W RIVERSIDE AVE 0 ADDRESS UNKNOWN SPOKANE VILA 99212-2444 SPOKANE WA 992{1-1006 Legal PINES NORTH OFFICE PARK REPLAT LT B B1 Wage 9 of 10 Parcel Taxpayer Info. Owner Info. Site Address 45102 9008 LUMBERYARD INVESTMENTS, LLC RICHARDS, BARBARA PO BOX 18708 PO BOX 18708 3163 N MIRABEAU PKWY SPOKANE WA 99208 SPOKANE WA 99228-0708 Legal 10-25-44 E30RODS OF W60RODS OF N53 1/3RODS OF NW1/4 OF NW1/4 & N26 2/3RODS OF THE W30RODS EXC CO RD 45102 9011 QUALCHAN INVESTMENTS SPOKANE QUALCHAN INVESTMENTS SPO INC 104 S DIVISION ST 104 S DIVISION ST 0 ADDRESS UNKNOWN SPOKANE WA 99202-1511 SPOKANE WA 99202-1511 Legal 10-25-44 S26 2/3RODS OF W60RODS OF NW1A OF NW1A & N13 1/3RODS OF W60RODS OF SW1/4 OF NW1/4 EXC CO RDS Page 10 of 10 ~s 35 1 N~ a 4? 441.3 rj o doo v, ~y J ~ G-~KA C f 24' 93 2m rjcA P~~v r~ ~a t r Z076 Uq4 fly N AC*' A19 Az Tb- c r o 1~ 1 ` 41 d J 4~1 h~ oll/s A 13 ~ i a { r f r4C u L L _gt- e r ~ p0 r ~ ` V r I3 ~1 25~ ® J40 0 L709 lij f - - ~ So 6 r I b. a5~ I P 90 90 t i ye,9 ; ,0 O o ~9 4 .~C NJOL ~om 6 140 b 3 O w s ~80 J /o ~ Q y C 1 43 d IO o - ~ O ~ \ 1 wr / 9 z J C ~Ot JO s O ~~p to p i2 A 6 14 ' p v~ e k t 6 ~ l3 ~ 1 ~~s .v obi io Bs i g o io.r N o ,ter ~Q ,o ~c `fit o A V E. ~R Ar gJ4 Bd 83 BJ Q sl h mss' Z~b 22~ 0,14n 2 ~ ~ „270 ~j 6JC/~ ~y 8J 83 0099 g 3 /3J.17 64 Mo &e On Q? 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J ~dl av ~ ~ N err i lie IV' 6 o e .f ' r t 1 ,715- q 'Aq- ~ I LTV no 622. 400 AC 6oR a$4• t V4 PA g N I PREP A 9 8 9 ~ ` JO R ok 1 o I ti 1 W 6OR Q h I IJ ao 0"~t8 T -17 4, TR B TR C 4 g m o0 S P 91 07 ' TR A 8 y ul: Q P v O . ~ V n a 6T 4sioS 9oBo t 60 ISO 4y ~t79 . a o R azi C= 4 2'.2 684 n Mq ~19 O 3 r® 1 ~ Il~~ ~ SPOKANE COUNTY HEARING EXAMINER RE: Appeal of an Administrative Determination ) Interpreting Rezone Conditions of Approval ) FINDINGS OF FACT, Appellant: Foursquares Valley Church ) CONCLUSIONS OF LAW, File No. AIE-6-99 ) AND DECISION 1. SUMMARY OF APPEAL AND DECISION Appeal: Appeal of an administrative determination by the County Division of Building and Planning, interpreting a prior rezone as limiting site development solely to condominiums, and requiring that a change of conditions application be submitted for proposed development of the site for a church. Decision: Deny appeal and affirm administrative determination. The Hearing Examiner has reviewed the administrative appeal and the evidence of record, and hereby adopts the following Findings of Fact, Conclusions of Law and Decision: II. BACKGROUND/FINDINGS OF FACT A. General Information: Appellant: Foursquares Valley Church, c/o Tom Hamilton, Pines Sewer Development, Inc., P. O. Box 14686, Spokane, WA 99214-0686 Property Owner: Pines Sewer Development, Inc., c/o Tom Hamilton, P. O. Box 14686, Spokane, WA 99214-0686 Legal Description of Site: Assessor's Parcel No. 45091.9001 Site Address: 3001 North Pines Road, Spokane, WA Site Location: Generally located along the west side of State Route No. 27 (Pines Road), 160 feet north of Grace Avenue, in the NE 1/4 of Section 9, Township 25N, Range 44 EWM. Zoning: Urban Residential-22 (UR-22) zone. Such zoning is subject to the conditions of approval attached to the Spokane County Hearing Examiner Committee decision dated 5-15-80 in Current Planning File No. ZE-158-79. The site is also located inside the Aquifer Sensitive Overlay zone and the Public Transportation Benefit Area designated by the County Zoning Code. Comprehensive Plan: Urban category. The property is also designated inside the Aquifer Sensitive Area, Priority Sewer Service Area and the Urban Impact Area designated by the Plan. HE Findings, Conclusions and Decision AIE-6-99 Page 1 IUGA: The site is located inside the interim urban growth area boundaries designated by the County pursuant to the State Growth Management Act. Environmental Review: The administrative interpretation and the appeal are considered exempt from environmental review under the County's Local Environmental Ordinance and the State Environmental Policy Act. Site Description: The site is approximately 7.64 acres, generally flat and rectangular in shape. The property slopes gradually down from north to south, except for 15-20% slopes on the southerly edge of the property adjacent to Grace Avenue. The site is undeveloped, was recently graded, and a concrete slab and foundation have been installed for construction of a church. Area Road Network: State Route No. 27 (Pines Road) in the area is a 4-lane state highway improved with curb and sidewalk. State Route 290 (Trent Avenue) lies approximately 'A mile north of the subject property, while the Interstate 90/SR-27 freeway interchange lies less than a mile to the south. Mirabeau Parkway, previously known as Euclid Avenue, extends easterly from SR-27 opposite the northeast corner of the site. Such road has been paved to a 3-lane Arterial Road section from SR-27 all the way southeasterly to Indiana Avenue. Montgomery Avenue, designated as a Minor Arterial by the County Arterial Road Plan, extends westerly from SR-27, just north of the I-90/SR-27 interchange. Indiana Avenue, also designated as a Minor Arterial, extends easterly from SR-27 opposite Montgomery Avenue. Surrounding Conditions: The land lying immediately north of the site, west of SR-27, is zoned Urban Residential-3.5 (UR-3.5) and is developed with an elementary school. Further to the north the land is vacant, except for 2 sets of railroad tracks. The land lying south and west of the site is zoned UR-3.5 and developed with single-family homes on urban-sized lots. Further to the south, the properties abutting the west side of SR-27 are zoned UR-22 and mostly developed with multi-family housing. The land located northeast of the site, at the northeast corner of SR-27 and Mirabeau Parkway, is zoned UR-22 and undeveloped. Further to the east, north of Mirabeau Parkway, the land is zoned Light Industrial (I-2) and undeveloped. The land lying east of the northerly 2/3 of the site, at the southeast corner of SR-27 and Mirabeau Parkway, consists of a 15-acre parcel recently developed for an industrial office park. Such land is zoned Industrial Park (I-1), pursuant to a 1998 rezone approved by the Hearing Examiner. See Hearing Examiner decision dated 11-23-98 in File No. ZE-5-98. Directly east of such parcel, along the south side of Mirabeau Parkway, is found a 17-acre strip of undeveloped land. In 1999, such land was rezoned to the I-2 zone by the Examiner, along with 90 non- contiguous acres located further to the south, for a project known as Mirabeau Point. Development of the 17-acre strip is limited to uses allowed in the I-1 zone. See Hearing Examiner decisions dated 8-17-99 and 8-18-99 in File No. ZE-37-96. The land lying east of the southerly 1/3 of the site is zoned UR-22 and improved with a school district administrative building. Further to the south, along the east side of SR-27, the land is zoned UR-22 and is undeveloped or improved with multi-family housing and offices. Much of the land lying easterly of the zoning fronting the east side of SR-27, east and southeast of the site, is zoned RR-10. This includes 88 acres of undeveloped land owned by the Department of Natural Resources in a nature conservancy status, and 44 acres of land which is HE Findings, Conclusions and Decision AIE-6-99 Page 2 ~ i undeveloped except for facilities left over from a defunct zoo. See Hearing Examiner decisions dated 8-17-99 and 8-18-99 in File No. ZE-37-96. Zoning History of Site: In 1978, the County Hearing Examiner Committee (HEC) denied, without prejudice, an application to rezone the current site from the Agricultural (A) zone to the Multiple Family Suburban (MFS) zone, for the purpose of developing 172 multi-family apartments units, under the now expired County Zoning Ordinance. The decision inexplicably contained conditions of approval for the proposed zone change. See HEC Findings and Order entered 11-17-78 in File No. ZE-131-78. In July, 1979, Shogren Co. submitted an application to rezone the site from the Agricultural (A) to the Multiple Family Suburban (MFS) zone, for the purpose of developing condominiums, under the now expired County Zoning Ordinance. On November 20, 1979, the HEC approved the rezone proposal. The site plan approved by the HEC on the same date illustrated development of the site for a 2-story, 80-unit housing project. See application dated 7-13-79, staff report dated 11-15-79, site plan approved by HEC on 11-20-79, and HEC Findings and Order entered on 11-20-79, Notice of Action and Affidavit of Publication in File No. ZE-158-79. The HEC's Findings and Order dated 11-20-79 in File No. ZE-158-79 found that the land in the area was suitable for the proposed condominium use and that such proposed use was compatible with existing uses in the area. The findings indicated that some adjoining landowners expressed approval of the proposed land use, while others expressed disapproval. The findings stated that the multi family use is being requested because the proposed use is condominiums which are only allowable within the Two-Family Residential zone (two condominiums) and/or Multi family (more than two condominiums). " The decision also established the following conditions of approval, on page 2: C. ORDER The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Dennis Shogren for a Zone Reclassification as described in the application should be approved. Special conditions or contingencies applied to motion: 1. Approval is granted for the sole purpose of condominium development as presented by the sponsor, Mr. Shogren. 2. If for any reason this project cannot be constructed, the zoning of the property shall be reverted to the previous Agricultural zone 3. That the sponsor in conjunction with the owner of the property record in the Spokane County Auditor's Office prior to a change in the zoning map by staff, a statement to run with property which is the subject of the zone change application that the zone change is invalid, and the property shall automatically revert to the pre-existing Agricultural zone classification if the property is sold by Mary F. Calistro to another party prior to full development pursuant to the application. HE Findings, Conclusions and Decision AIE-6-99 Page 3 Following the above language was a list of conditions from various agencies, including the following condition under the "Zoning" agency: J) ZONING 3 The applicant shall develop the subject property generally in accordance within the concept presented to the Hearing Examiner Committee. Minor variations when approved by the Zoning Administrator will be permitted, including but not limited to the following changes: Building location, landscape plans, and general allowable uses of the permitted zone All variations must conform to regulations set forth in the Spokane County Zoning Ordinance. The original intent of the development plans shall be maintained. On March 24, 1980, the owner of the site at the time, Mary Calistro, submitted a letter requesting a change of conditions to the above decision. The letter specifically requested that condition C.2 of the HEC's 1979 decision be deleted, relating to reversion of the new zoning of the site to the Agricultural (A) zone if the project could not be constructed. The letter further requested that the zone change from Agricultural to Multi family Condominiums approved for Mr. Shogren be retained and not reverted to agricultural or invalidated as per article 3 of C Order", and in the final paragraph stated I request the zoning remain `Multi-Family condominiums' and request a change of `conditions' page 2, article 3 of C. Order in order that I may sell without further loss. " The Calistro letter further explained that the previous applicant (Shogren) had not been able to obtain financing for the project, that Mary Calistro's contract to sell the property to Shogren had been cancelled, and that changes in the order were needed so that the land could be sold by Calistro. See letter dated 3-24-80 from Mary Calistro in File No. ZE-158-79. The staff report submitted for the change of conditions application construed the Calistro application as one intended to delete conditions C. 2 and C.3 of the previous order, and also to delete the words "as presented by the sponsor, Mr. Shogren" from condition C.1. See staff report dated 5-8-80 in File No. ZE-158-79. On May 15, 1980, the HEC entered Findings and Order in File No. ZE-158-79 approving the application of Mary F. Calistro for a change of conditions as described in the application " The decision described the change of conditions proposal as follows: The sponsor, Mary F. Calistro is requesting approval of a change of conditions, File No. ZE-158-79, to amend Condition No. 1 to be reworded to read: "Approval is granted for the sole purpose of condominium development. and delete as presented by the sponsor, Mr. Shogren Also to delete Conditions 2 and 3 of the original approval. On March 19, 1984, Mary Calistro applied for a change of conditions to change the proposed development of the site "...from. condominiums to apartment site... to allow 2 phases #1 for 84 units phase #2 when sewer available or onsite system another 88 units total 172 units The explanation given for the request was to "Remove condominiums required to apartment HE Findings, Conclusions and Decision AIE-6-99 Page 4 units". See application dated 3-19-84 in File No. ZE-158A-79. A site plan contained in File No. ZE-158A-79 illustrated the proposed development of a 172-unit apartment complex. On August 9, 1984, the HEC denied the change of conditions request in File No. ZE-15 8A-79. Among other findings of fact explaining the reason for denying the proposal, the decision included a finding of fact that the proposal for a 172-unit apartment complex was devoid of any concept used for the original zoning approval in 1979 and no attempt has been made by the sponsor to proceed with the condominium project which indicates no compelling reason for the Zoning Hearing Examiner Committee to allow the requested change of conditions." The decision also found that the approval in 1979 for an 80 Unit Condominium project is realistic in light of the adjacent single family residential development to the west and south of this project." See HEC Findings and Order dated 8-9-84 in File No. ZE-158A-79. The HEC's 1984 decision in File No. ZE-158A-79 was appealed to the Board of County Commissioners. At the public hearing held by the Board, the applicant, Mary Calistro, requested that the change of conditions application be modified to allow the Board to consider a revised proposal to develop an 80-unit apartment complex, under an "unsubmitted site development plan", while deleting the condition in the previous order requiring condominium development. The Board denied such request, finding that the application had been "substantially changed" from that presented to the HEC. Pursuant to the provisions of Hearing Examiner Committee Ordinance, the Board remanded the revised application back to the HEC for consideration as a new application. See Commissioners Document No. 84-0898, the Decision, Findings of Fact dated 10-16-84 in File No. ZE-15 8A-79 In rejecting the change of condition application in File No. ZE-158A-79, the Board of County Commissioners adopted a specific finding of fact stating "That parcel of property included within ZE-158A-79 was approved in 1979 with a specific site development condition requiring that the site be developed for the sole purpose of an 80 unit condominium development". See Commissioners Document No. 84-0898, adopting Decision, Findings of Fact dated 10-16-84 in File No. ZE-158A-79. Later in 1984, a new owner (Ernest Quinn) acquired the site, as a result of a foreclosure on Mary Calistro's interest. See letter dated 8-3-93 in File No. ZE-158-79. Effective January 1, 1991, the zoning of the site was reclassified to the UR-22 zone of the County Zoning Code, pursuant to the Program to Implement the Spokane County Zoning Code. This was part of a county-wide effort to convert the old zones of the Zoning Ordinance to the new zones of the County Zoning Code, using the Comprehensive Plan, the old zone and other factors as a guide. The Program to Implement specifically preserved any conditions of approval and site planning imposed through a previous rezone of a reclassified property as a condition of the new zoning, to the extent that such conditions were more specific or stricter than the development standards of the new zone. The old rezone file number and a symbol ("C") were appended next to the new zone designation on the official zoning map, for each site affected by such conditions. See County Resolution No. 85-0900, Program to Implement, p. 3 "Contractual Conditions", p. 9 "Cross-over Schedule II", and p. 10 footnote #3; and Donwood, Inc. v. Spokane County, 90 Wn. App. 389, 957 P. 2d 775 (1998). HE Findings, Conclusions and Decision AIE-6-99 Page 5 In 1993, an inquiry was made by the estate of a subsequent owner of the site to the County Planning Department, indicating an awareness of the HEC's 1979 rezone for condominium development, but not of the HEC's 1980 decision deleting the condition requiring a reversion to the Agricultural (A) zoning if the property was sold before being developed for condominiums. County staff provided the estate with a copy of the 1980 staff report and the HEC's change of conditions decision in File No. ZE-158A-79. See letter dated 8-3-93 from Robert Waldo to Steve Horobiowski, and letter dated 9-28-93 from Steve Horobiowski to Robert Waldo. Administrative Determination: A request for administrative interpretation was made to the County Division of Building and Planning by the appellant's representative on November 17, 1999. The request indicated that the subject property had been sold for construction of a church. The request contended that the zoning of the site is currently "multi-family, with a conditional use for condominiums", and that a church is allowed in the UR-22 zone applicable to the site. The request further advised that the appellant would like to construct a church on the site, and had applied for permits from the County to allow such construction. See letter dated 11-17-99 from James S. Black to Janles Manson. Pursuant to a letter dated November 18, 1999, the County Division of Building and Planning issued an administrative determination to the applicant's agent, indicating that development of the site was restricted to an 80-unit condominium development under the restrictive conditions imposed by the HEC in File No. ZE-158A-79. See letter dated 11-18-99 from Jeffrey Forry to James S. Black in File No. AIE-6-99. On December 2, 1999, the appellant, Foursquares Valley Church, submitted a timely appeal of the administrative determination to the Examiner. See Appeal to the Hearing Examiner dated 12-1-99 signed by Mischelle Fulgham. The appeal contested the conclusion in the administrative determination that a church could not be constructed on the site. B. Procedural Information: Applicable Zoning Regulations: Chapters 14.402 (amendments), 14.412 (appeals), 14.504 (administrative interpretation), 14.508 (nonconforming provisions), 14.512 (application procedures), 14.514 (notification), 14.605 (residential zones matrix) and 14.622 (UR-22 zone) of the Spokane County Zoning Code. Hearing Date and Location: January 12, 2000, Spokane County Public Works Building, Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA. Notices: Mailed: November 16, 1999. The legal requirements for public notice have been met. Hearing Procedure: Pursuant to Resolution No. 96-0171 and 96-0294. HE Findings, Conclusions and Decision AIE-6-99 Page 6 Testimony: Ron Hand Jeff Forry Division of Current Planning Division of Building & Code Enforcement 1026 West Broadway 1026 West Broadway Spokane, WA 99260 Spokane, WA 99260 Mischelle Fulgham Dwight Hume 717 West Sprague, Suite 1600 422 West Riverside, Suite 722 Spokane, WA 99201 Spokane, WA 99201 Tom Hamilton P O Box 14686 Spokane, WA 99214 Items Noticed: Spokane County Generalized Comprehensive Land Use Plan, County Zoning Code, County Zoning Ordinance (now expired), County Code, (revising interim regulations for County IUGAs), 97-0321 (adopting interim regulations for County IUGAs), 97-0134 (establishing and delineating IUGA boundaries), 96-0294 (Hearing Examiner Rules of Procedure), 96-0293 (ESHB 1724 procedures), 96-0171 (Hearing Examiner Ordinance), and 85-0900 (adopting Zoning Code, and Program to Implement Zoning Code). Hearing Examiner Committee Ordinance (County Resolution Nos. 78-1027, 79-0338 and 80-0939, etc.). Final land use decisions referenced in decision and staff report. Items in Record: The record includes the testimony and documents submitted at the public hearing; the documents contained in File Nos. ZE-158B-79 and AIE-6-99; the documents added to the record at the public hearing by the Examiner in File Nos. ZE-131-78, ZE-158-79 and ZE-158A-79; the official County zoning map for the site; and the items taken notice of by the Examiner. Shortly before the January 12, 2000 public hearing, the Division of Current Planning divided the file previously designated "AIE-158A-79" into File No. AIE-6-99 (current administrative appeal) and File No. ZE-158B-79 (pending change of conditions) The County Division of Building and Planning was recently split into the County Division of Current Planning and the County Division of Building and Code Enforcement. Procedural Matter: A change of conditions application was submitted for the site by Mischelle Fulgham/Tom Hamilton, as applicant, on 12-2-99 in File No. ZE-159A-79. The purpose of the application was to remove the restriction on development of the site to an 80-unit condominium development found to be applicable in the administrative determination. Such application was determined to be "counter complete" by the County Division of Building and Planning on 12-15-99. A notice of hearing was issued to hear such application in a consolidated hearing with the administrative interpretation before the Examiner on January 12, 2000. On 12-28-99, the Examiner was advised by Division staff that the change of conditions application could not be heard on January 12, 2000, because it was not in compliance with the County's ESHB 1724 procedures (adopted under County Resolution No. 96-0293) required to be followed before hearing an application. See E-mail memo dated 12-28-99 from Ron Hand to Gary Oberg. By letter to Mischelle Fulgham dated December 29, 1999, the Examiner ordered that the hearing on the change of conditions application be stricken. The appellant objected to such ruling at the public hearing, but was overruled by the Examiner. HE Findings, Conclusions and Decision AIE-6-99 Page 7 III. LAND USE ANALYSIS/ FINDINGS OF FACT & CONCLUSIONS OF LAW A. Approval criteria Zoning Code 14.504.000 authorizes the County planning agency to make administrative determinations regarding application of the County Zoning Code to a particular property. Zoning Code Chapter 14.412 authorizes appeal of such determinations to the appropriate hearing body for public hearing and decision, and provides for further appeal to the board of county commissioners. These appeal procedures have been superseded by the County Hearing Examiner Ordinance and chapter 36.70B, which allow only one open record hearing on land use actions. See County Resolution No. 96-0171, Section 16 of ordinance. The County Hearing Examiner Ordinance requires the Hearing Examiner to hear and decide administrative appeals from decisions of the County Division of Building and Planning, as well as change of conditions application relating to a prior rezone. The Examiner's decision on an administrative appeals can be appealed only to superior court, by land use petition. See County Resolution No. 96-0171, Attachment A, Section 7 (a), 13 and 16. The Examiner's review authority in an administrative appeal is de novo. The Hearing Examiner Ordinance generally authorizes the Examiner 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. 96-0171, Attachment "A", paragraphs 7 (d) and section 11; and RCW 36.70 970. A comprehensive plan is considered as a general blueprint for land use regulation by local governments. See Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 873, 947 P.2d 1208 (1997); Cathcart v. Snohomish County, 96 Wn.2d 201, 211-12, 634 P.2d 853 (1981); and RCW 36.70.340 and RCW 36.70.020 (11). Where a comprehensive plan conflicts with zoning regulations, zoning regulations will usually be construed to prevail. See Weyerhaeuser v. Pierce County, 124 Wn.2d 26, 43 (1994); 873 P.2d 498 (1994). B The administrative interpretation is not erroneous. The appellant first contends that the Hearing Examiner Committee's 1980 decision regarding the Calistro change of conditions application did not confine development of the site to condominiums. The appellant asserts that the Hearing Examiner Committee (HEC) simply approved the change of conditions "as described in the application", and that the Calistro application did not intend to limit site development to condominiums only. In support of this argument, the appellant submitted a letter from Mary Calistro dated 11-22-99, which asserted that she had only requested that the property remain multi-family and not revert to agriculture. The letter also contends that it was never assumed, nor requested, that "only" condominium use be allowed, and that the "complete understanding" was multi-family. See exhibit A to Appeal of Administrative Decision dated 12-1-99; and HEC decision entered 5-15-80 in File No. ZE-158-79. HE Findings, Conclusions and Decision AIE-6-99 Page 8 Mary Calistro's letter dated March 24, 1980 in File No. ZE-158-79 unambiguously requested the zoning of the site to remain "Multi-Family condominiums", and deletion of conditions C.2 and C.3 of the HEC's 1979 decision. The HEC's 1980 order on the change of conditions specifically described the proposal as one to delete conditions C.2 and C.3; and to reword condition C.1 to delete the words " as presented by the sponsor, Mr. Shogren", but to retain the preceding words of condition #1 stating "Approval is granted for the sole purpose of condominiums". This is consistent with the staff report. The HEC's deletion of the words "..as presented by the sponsor, Mr. Shogren " from condition C.1 actually appears to go beyond what is being requested by Mary Calistro in her letter, but was to her benefit. It is very clear to the Examiner that Mary Calistro's March 24, 1980 letter, on its face, did not request that the 1979 "condominium only" restriction be removed. Her belated letter to the contrary, submitted 19 years after the fact, cannot change this. The HEC's 1980 order preserved the "condominiums only" condition in condition C.1, except for the deletion of the words "as presented by the sponsor, Mr. Shogren". The decision found that all other conditions of the previous order were to remain in full force and effect. The HEC's description of the "proposal" in its 1980 decision represents its interpretation of the "application" or "proposal" it was considering at the public hearing. Such description must be read together with the order portion of the decision, which approved the change of conditions as described in the application." Such description represents the precise action taken by the HEC. Such order was not appealed by Mary Calistro, and is entitled to resjudicata effect The appellant next contends that the "condominium only" restriction in condition C.1 of the HEC's 1979 order is ambiguous, due to a condition of approval on page 4 of the same order which allowed "minor variations" to the 80-unit condominium project proposed in 1979 to be approved administratively by the County zoning agency, including but not limited to building location, landscape plans and general allowable uses of the permitted zone." The Multiple Family Suburban (MFS) zone at the time did allow such uses as multiple-family residential buildings of 3 or more units, churches, nursing and retirement homes, schools, hospitals, etc. See 1979 County Zoning Ordinance. The appellant cited the case of Parry v. Hewitt, 68 Wn. App. 664, 847 P.2d 483 (1992) for the proposition that ambiguities in the HEC's order must be construed against the County, as drafter of the document. Such case relates to interpretation of a private restrictive covenant, and does not apply to the current circumstances. More analogous is case law addressing the construction of local zoning ordinances, which give great weight to the construction of an ordinance by the officials charged with its enforcement. This is not the case where the ordinance is so ambiguous or vague that it fails to provide fair warning of its prohibition or contain ascertainable standards sufficient to protect against arbitrary and discretionary enforcement in the particular circumstances. See Development Services ofAmerica v. City of Seattle, 138 Wn. 2d 107, 979 P.2d 387 (1999); Rural Residents v. Kitsap County, 95 Wn. App. 383 (March, 1999); and Seattle First National Bank v. Snell, 29 Wn. App. 500, 629 P. 2d 454 (1981). The Examiner's initial impression is that the allowance in the HEC's 1979 decision for administrative approval of minor variations for "general allowable uses of the permitted zone" is the result of careless drafting by the HEC. The HEC was comprised of a rotating division of the County Planning Commission, made up of lay persons. See County Resolution Nos. 78-1027, 79-0338. As collateral evidence of this, the Examiner points to the HEC's 1978 decision HE Findings, Conclusions and Decision AIE-6-99 Page 9 denying the application to rezone the site from the Agricultural (A) zone to the Multiple Family Suburban (MFS) zone, for the purpose of developing 172 multi-family apartments units. Such decision inexplicably contained conditions of approval for the proposed zone change, including the same condition providing for minor variations found in the HEC's 1979 order. See REC Findings and Order in File No. ZE-131-78. The staff reports for both the 1978 and 1979 actions recommended adoption of such condition. The condition appears to have been extracted from such reports by the HEC and added respectively, like a mantra, to its 1978 and 1979 orders, without considering its consistency with the more limiting action taken by the HEC in such orders. Construing the language authorizing administrative approval of minor variations in the 1979 order together with the more specific restriction limiting development of the site to condominiums, it does not follow that the order gave the County planning agency authority to administratively approve a church on the subject property. The subject condition relating to manor variations, which is set forth in full in Section 11 of this decision, requires the applicant to develop the subject property generally in accordance within the concept presented to the Dearing Examiner Committee and also requires that the original intent of the development plans shall be maintained". The original intent of the development plans and the concept presented to the HEC for the 1979 rezone was for development of an 80-unit condominium project. The HEC's order deleting the words as presented by the sponsor, Mr. Shogren" from condition #1 of the 1979 order only removed a requirement that such condominium project had to be designed in conformance with the site development plan approved for the 1979 rezone on November 17, 1979. At most, the "minor variation" condition, construed as a whole, arguably allows administrative approval of a revised plan to develop the property for a similar multi-family use, at a similar density and similar design concept. The MFS zone expressly allowed, as multi- family residential buildings (3 or more units) for permanent tenants, (1) apartment houses of all types, provided 65% of the land is left in open space and a maximum density of one dwelling urut per 2,000 square feet of land area was allowed; and (2) court apartments for permanent tenants, at a maximum density of one unit per 3,000 square feet, with 65% open space. The UR-22 zone currently permits multi-family dwellings such as apartments. The construction of a church on the site with a completely new site plan certainly does not fall within the original intent of the development plans, or the concept presented to the Hearing Examiner Committee for the 1979 rezone. See site plan dated 9-23-99 in File No ZE-158B-79. Section 14.504.040 of the County Zoning Code currently lists a number of alterations or additions to the site development plan approved for a prior rezone that are considered minor in nature, and which can be approved administratively by the County planning agency, if the changes are not contrary to the findings and conditions" of the prior rezone. Such minor variations include, in pertinent part, less than a 10% increase in floor area of the total floor area of all buildings on the approved site development plan and the addition meets other listed requirements of the underlying zone; minor adjustments to building or structure locations, provided that the density or intensity of use is not increased and does not significantly affect adjacent uses; and changes in use for a zone reclassification, provided that documentation is submitted that the impacts and intensity of the proposed use are equal to or less in nature than the originally approved use or the surrounding land use as determined by the Zoning Administrator for the County. HE Findings, Conclusions and Decision AIE-6-99 Page 10 Section 14.504.040 of the County Zoning Code, by its express terms, does not override the conditions imposed on the 1979 rezone, as modified by the HEC's 1980 change of conditions decision. Such conditions of approval also survived the 1991 reclassification of the zoning of the site to the Urban Residential-22 (UR-22) zone, to the extent the conditions and site planning were more confining or stricter than the development standards of the UR-22 zone. The zoning of the site on the County's official zoning map, i.e. "UR-22 158 79C" for parcel 1.9001, specifically alerted those consulting such map as to the existence of special rezone conditions in the previous rezone file for the site. See County Resolution No. 85-0900, Program to Implement, p. 3 "Contractual Conditions", p. 9 "Cross-over Schedule IT", and p. 10 footnote #3; Donwood, Inc. v. Spokane County, 90 Wn App. 389, 957 P.2d 775 (1998); and copy of official zoning map for N %-09-25-44 in File No. ZE-155B-79. As discussed above, development of a church on the site conflicts with the conditions of approval of the 1979 rezone, as modified by the HEC's 1980 order. This overrides the allowance for administrative approval of minor changes in use listed in Zoning Code 14.504.040 (5). The appellant clearly needs to submit a change of conditions application under this section to allow construction of the church on the site. In addition to the above discussion, there is another basis for upholding the administrative determination interpreting the previous rezone as precluding any use of the site other than development of an 80-unit condominium. That is the specific finding of fact entered on such issue by the Board of County Commissioners in its 1984 decision refusing to consider a revised application for development of an 80-apartment complex on the site. The Board's 1984 decision entered a finding of fact that the subject property was approved in 1979 with a specific site development condition requiring that the site be developed for the sole purpose of an 80-unit condominium development." See p. 2 of Commissioners Document No. 84-0898, adopting the Decision, Findings of Fact dated 10-16-84 in File No. ZE-158A-79. The Examiner notes the consistency of such finding with the findings of fact entered by the HEC in its 1984 decision in File No. ZE-158A-79, rejecting a site plan proposing development of a 172-unit apartment complex on the site. See finding of fact 11 (d) and (e) in HEC Findings and Order dated 8-9-84, in File No. ZE-158A-79. Washington courts have held the judicial doctrines of resjudicata and collateral estoppel to be equally applicable in a quasi-judicial administrative context. See Davidson v. Kitsap County, 86 Wn. App. 673, 937 P.2d 1309 (1997); Hilltop Terrace Homeowner's Assn v. Island County, 126 Wn.2d 22, 891 P.2d 29 (1995); and Lejeune v Clallam County, 64 Wn.App. 257, 823 P.2d 1144 (1992), review denied, 119 Wn. 2d 1005, 832 P.2d 488. The appellant appears to be rearguing the same issue decided by the Hearing Examiner Committee and the Board of County Commissioners in their 1984 decisions in File No. ZE-158A-79, i.e. that the prior rezone limited development of the site to an 80-unit condominium project. The appellant is collaterally estopped from raising such issue in the current proceedings. The appellant further contends that the "condominiums only" restriction imposed by the HEC on site development under the UR-22 zone is an unreasonable condition, is not rationally related to a legitimate governmental interest, and may constitute a taking. However, as discussed below, the Examiner concludes that the 1979 rezone decision by the HEC limiting development HE Findings, Conclusions and Decision AIE-6-99 Page 11 of the site under the Multiple Family Suburban (MFS) zone solely for condominium use was a reasonable exercise of the County's police power and zoning authority at the time. In 1978, the HEC rejected a project to develop the site for 172 apartment units, which the HEC found to be incompatible with existing uses in the area and unsuitable for the land in the area. Such project was unanimously opposed by neighboring property owners. See HEC decision entered 11-17-78, and rezone application dated 7-17-78. In 1979, anew application was submitted to develop the site for an 80-unit condominium project, with a specific site plan submitted for the HEC to consider. At the time, the land surrounding the site was not zoned for multiple family development and consisted of single-family residential uses, an elementary school and undeveloped land. The HEC's 1979 decision found that the land in the area was suitable for the proposed condominium use and was compatible with existing uses in the area, although some adjoining landowners were opposed to the project. Condominium ownership of multi-family development was considered a more favorable form of development at the time than currently. See testimony of Dwight Hume. Even today, single-family neighborhoods commonly resist development of multi-family rental development due to the transient nature of the tenants in such units. The HEC's 1979 decision was not appealed, and is resjudicata as to the reasonableness of the conditions imposed, except as modified by the HEC's 1980 decision on the Calistro change of conditions proposal. The HEC's 1980 change of conditions decision lessened some of the restrictions imposed by the 1979 order, at the site owner's request. The decision found that the land in the area was suitable for the proposed use or uses within the proposed zone classification, and that the proposed use was compatible with existing uses in the area, even though it found that adjoining landowners expressed disapproval of the change in condition. The Examiner does not agree with the appellant's contention that the 1980 order found the land in the area to be compatible with all the various uses allowed in the MFS zone. The finding relates to "proposed" uses and not all uses allowed in the zone. The only proposed use was one for condominium development. The HEC's 1984 decision rejecting a proposed 172-unit apartment project found the 1979 approval to be realistic, in light of the adjacent single-family residential development to the west and south of the project. The 1980 order is also resjudicata as to the reasonableness of the conditions it imposed. It may be that the "condominiums only" condition no longer makes sense as a restriction on development of the site under the UR-22 zone, just like changes in circumstances may justify rezoning a property to another zone. The County Zoning Code provides a process for changing binding conditions imposed on a prior rezone of property, one that requires a change of condition application to be submitted for review at a public hearing before the County Hearing Examiner. This is no different than requiring a property owner to go through an application and hearing process to change the zoning of a property. Certain minor changes may be approved under Zoning Code 14.504.040, as long as they do not conflict with a specific condition imposed on the prior rezone. In this case, the proposed development of the site for a church conflicts with the "condominiums only" restriction. HE Findings, Conclusions and Decision AIE-6-99 Page 12 The appellant draws attention to the fact that the project has little or no opposition in the record. However, opposition does not always surface until a public hearing is held on a land use application. A letter was submitted for the current matter which expressed some concern with the potential for other development on the site in addition to the church. See letter dated 1-11-00 from John and Patncia Korn. While public notice of hearing was sent to adjoining property owners for the change of conditions application in File No. ZE-158B-79, and this was the only response received, the Examiner had already ruled 2 weeks before the January 12, 2000 hearing that the hearing on the change of conditions application was stricken. See letter dated 12-29-99 from Hearing Examiner to Mischelle Fulgham. The Examiner also notes that the Notice of Application process has not been completed for the change of conditions application, which is specifically designed to provide notice to adjoining property owners of an application. C. The Examiner properly denied consolidation of the change of conditions application in File No. ZE-158B-79 for hearing on January 12, 2000. The appellant's final contention is that the Examiner should have proceeded to hear the change of conditions application. The Examiner's reasons for refusing to consolidate the 2 matters are summarized in a letter dated 12-29-99 from the Examiner to Mischelle Fulgham in the record. This includes the fact that the land use processing procedures required by statute (chapter 36.70B), the County's ESHB 1724 regulations (County Resolution No. 96-0293) had not been followed, and the criteria for consolidation under the Hearing Examiner Rules of Procedure (County Resolution No. 96-0294) was not met. Chapter 36.70B (implementing ESHB 1724) requires counties such as Spokane County to adopt a land use process that includes a notice to the property owner that an application is complete, a notice of application sent to adjoining property owners advising them of the project, a threshold determination under SEPA, a notice of hearing if an open record hearing is required on the application, and a notice of decision. All such steps but the notice of decision must occur before the open record hearing can beheld. See RCW 36.70B.070 and 36.70B.110. The County adopted the land use procedures contained in County Resolution No. 96-0293 to implement such statutory requirements. A change of conditions application is regarded as a Type III process under such rules. The applicant did not submit an application for the change of conditions until December 2, 1999. Such application was determined to be "counter complete" under such rules, but not "technically complete". The notice of application cannot be sent out until there is determination of technical completeness. After the comment period on the notice of application is expired, a threshold determination under SEPA can be made. After the threshold determination is made, a notice of hearing can be sent. None of these latter required steps had been taken for the subject change of conditions application at the time of the January 12, 2000 public hearing. The change of conditions file indicates that a notice of application, and a threshold determination under SEPA was previously issued for a grading permit for the site. However, Division of Current Planning cannot substitute the notice of application and threshold determination issued for the grading permit for the subject change of conditions application, since it involves a different type of application. The Division could adopt the environmental checklist submitted for the grading permit as an environmental document for the change of conditions application, but it still needs to issue a threshold determination for the change of conditions application. HE Findings, Conclusions and Decision AIE-6-99 Page 13 The change of conditions application clearly was not ready for hearing by the Examiner on January 12, 2000. The Examiner could not consolidate such application for hearmi g with the administrative appeal, since hearing the change of conditions application would have violated the land use processing PTOceduares of County Resolution No. 96-0293 and chapter 36 70B RC W. See County Resolution No 96-0294, Section 6.C. I. DECISION Based on the Findings of Fact and Conclusions of Law stated above, the above appeal is hereby derned and the administrative determination is affirmed. The change of conditions application in File No. ZE-15813-79 may be specially set for hearing before the Examiner on an expedited basis, provided applicable land use processing and notice procedures are met. DATED this 26th day of January, 2000. SPOKANE COUNTY 11EA NG EXAIVIINER Michael C. Dempsey, SBA #8235 NOTICE OF FINAL DECISION AND NOTICE of RIGHT TO APPEAL Pursuant to Spokane County Resolution No. 96-0171, the decision of the Hearing Examiner on an administrative appeal is final and conclusive unless within twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with standing files a land use petition in superior court pursuant to chapter 36.70C R.CW. Pursuant to chapter 36 70C RC r, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed This Decision was mailed by Certified Mail to the Applicant on. January 26, 2000. The date of issuance of the Hearing Examiner's decision 1s therefore January 31, 2004, counting to the next business day when the last day for mailing falls on a weekend or holiday. THE LAST DAY FOR APPEAL OF THIS DECISION To SUPERIOR COURT BY LAND USE PETITION IS FEBRUARY 21, 2000, 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, 1426 West Broadway Avenue, Spokane, Washington, 99260-4245, (509) 477-7490. The file xna be inspected during normal working hours, listed as Monday - Friday of each week, except holidays, between the hours of 8.00 a.m. and 4.00 p.m Copies of the documents in the record will be made available, at the cost set by Spokane County. HE Findings, Conclusions and Decision AIE-6-99 Page 14 I' 1 r r r ~ ii ■ I~, F~ . 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FILE ZE-15813-79 PROJECT PLANNER: Ronald Hand, Associate Planner PROJECT DESCRIPTION: Change of Conditions tc a previously approved zone reclassification (ZE-158A-79) that restricted development to Condominium purposes only. The applicant is requesting allowance to construct a church and those uses allowed in the Urban Residential-22 (UR-22) zone. Project Data Project Location: 3001 N Pines Road, generally located west of and adjacent to Pines Road and south of Euclid, approximately 160 feet north of Grace, in the NE % of Section 9, Two; 25N , Range 44 E.W.M , Spokane, County Parcel Number(s): 45091.9001 Applicant/Agent Mischelle Fulgham 717 W Sprague Avenue Suite 1600 Spokane, WA 99201 (509) 455-9555 Owner: Pines Sewer Development Inc c/o Tom Hamilton P.O Box 14686 Spokane, WA 99214-0686 Comprehensive Plan Urban Designation: Zoning: Urban Residential-22 (UR-22) Existing Land Use: The site is graded and developed with a foundati and a concrete slab for the proposed Church. Surrounding Zoning and Land Uses: • North: Zoning to the north is Urban Residential-3 5 (UR-3.5) and Industrial Park (1-1). Trent Elementary School is located immediately to the north of the subject site. North of the school is Burlington Northern railroad tracks and Trent Staff Report - March 29, 2000 Public Hearing 1 of 9 Avenue. • South: Immediately south of the subject site is single family residential housing zoned UR-3 5. UR- 3.5 zoning transitions to vacant UR-22 zoning terminating at 1-90 approximately'/2 mile to the south. Apartments, condos and a Mobile Home Park are located to the southeast of the subject site. • East: Zoning east of the subject site is UR-22. Uses located immediately east of the subject site are East Valley School Administration offices and the Pinecroft Business Park. Extending east therefrom is vacant. • West: Zoning to the west is UR-3.5 and is fully improved into a single-family neighborhood. Known Land Use Proposals and Project approvals within the vicinity of the Recent Project Approvals in the proposal include Preliminary Binding Site Plan Area of this Project (BSP-65-98), located approximately 5/8 of a mile to the South on Pines Road and Mission Avenue for the division of 4 79 acres into four tracts for an existing church, an existing motel, an exiting office building, a commercial use not yet determined; the approved preliminary short plat (SP-1188-98) to divide 15.1 acres into four lots for uses in the UR-3.5 and RR-10 zones directly across Pines Ave., to the east from the subject site PE- 1812-96 Chapman Meadows, approximately '/z mile to the S.E., and CUE-5-98 about '/2 mile to the south. Land Division Status: The subject parcel does not have Certificate of Exemption and will need one before a building permit can be issued Shoreline Designation: o applicable, Spokane County ore line Ma s indicate the site is not In a shoreline area. Water Purveyor: Irvin ater istrict The site is within the boundaries of Irvin Water District #6 but has not been annexed into the district. Sewage isposa : The site will be serve by the Spokane County public sewers stem. Ire is rict The subject site is within po ane County ire District #1. Fire District #1 has expressed no concerns School District and nearest K-12 The subject site is in East Valley school district schools: Trent Elementary school is located adjacent to and north of the proposal East Valley High, East Valley Middle school and Trentwood Elementary schools are located approximately one and one-half miles to the East on Wellesley Avenue Nearest Arterial and Distance: The proposal is located adjacent to and on the west side of SR-27 (Pines Road). WSDOT has required dedication of right-of-way and other mitigation as conditions of approval for this Staff Report - March 29, 2000 Public Hearing 2of9 proposal Spokane County Division of Engineering and Roads has also submitted conditions of approval concerning SR-27. Trent Avenue lies approximately 1200 feet to the north and is designated as a State Highway Nearest Parks and Distance: Valley Mission Park is a 22-acre park located approximately one mile to the southwest of the subject site. Neighborhood Association: The subject property is not located within the boundaries of a known neighborhood association. • This proposal is located inside the IUGA • This proposal is located inside a Public Transportation Benefit Area (PTBA). • This proposal is located outside the 1000' notification boundary of designated Natural Resource Lands GMA/Critical Areas Aquifer Recharge Area: The subject site is located inside the Priority Sewer Service Area (PSSA) and inside the Aquifer Sensitive Area (ASA) Overlay zcce. Fish & Wildlife Habitat Conservation Spokane County Critical Areas Maps Areas: do not indicate the presence of Fish or Wildlife on the site. _ _ Floodplain: A review of the relevant FIRM map indicates the site is located in zone C and is outside of any 100-year flood plain _ Geologically Hazardous Areas: The Spokane County Critical Areas Map does not indicate the presence of any geologically hazardous areas or erodable soils on site _ Wetlands: Spokane County Wetlands Maps do not indicate the presence of wetlands on the site. A Wetland Report has not been requested from the owner. SEPA ❑ Mitigated DNS issued on March 10, 2000 ❑ Comment period ended March 27, 2000. Noticinq Published Spokesman Review on March 9, 2000 by the Division of Planning Mailed The deadline for mailing the Notice of Application and the Notice of Hearing to taxpayers/owners of property located within 400 feet of the boundaries of the subject site was March 14, 2000. Staff Report - March 29, 2000 Public Hearing 3of9 7 Site Posted: The deadline for the applicant to post the site was March 14, 2000. , 1 1724 Compliance Dates Application Accepted: December 15, 1999 Determination of Technically Incomplete issued. December 30, 1999 Determination of Technically Complete issued- February 8, 2000. Date Notice of Decision is Due: June 7, 2000 Reviewing Agencies A total of 15 agencies were notified on March 1, 2000 Final comments were due March 15, 2000 Agencies Notified Response Date Agencies Notified Response Date Received Received Received Received Spokane County Yes 3-14-00 Spokane County Air Yes 12-22-99 Division of Engineering Pollution Control Authority Spokane County Yes 1-7-00 WA State Boundary Yes 3-17-00 Development Review Board Engineering Services Spokane County Yes 1-26-00 Spokane Transit No Division of Utilities Authority Spokane Regional Yes 3-6-00 WA State Department Yes 3-14-00 Health District of Transportation Spokane County No East Valley School No Division of Building and District #361 Code Fire District #1 Yes 1-12-00 Spokane Regional No Transportation Council Irvin Water District #6 No Spokane County Yes 12-30-99 Stormwater Utility WA State Department No of Ecology, SEPA review Responses from the Public: There have been no written responses from the public. Description of the Site: The subject site is 7.64 acres in area. The site is square in shape and slopes gently from the south to the north, except for 15-20% slopes on the southern edge of the property abutting Grace Avenue The site has been graded in preparation for building a church A concrete slab and foundation have been constructed on site. Description of Surrounding Neighborhood: The surrounding neighborhood is comprised primarily of single-family dwellings on 10,000 square foot lots to the west and south of the subject site. An elementary school is located adjacent to the site to the north East of the site are office and commercial uses, with vacant land extending eastward therefrom. To the west of Pines Road is a developed single-family neighborhood The east side of Pines Road is developing into office, Staff Report - March 29, 2000 Public Hearing 4of9 commercial and apartment uses. The subject site is located in an area between Trent Avenue and I- 90 Basalt outcroppings slope from the south to within about of a mile of the site Background: The site has been the subject of several land use actions including, 1) a zone reclassification (ZE-131-78) from Agriculture to Multi-family Suburban (denied), 2) a zone reclassification (ZE-158-79) from Agriculture to Multi-family Suburban for the purpose of an 80 unit condominium/apartment development (approved); 3) a change of conditions in 1980 (ZE- 158-79) removing two of the conditions from the original zone change (approved), 4) a change of conditions in 1984 (ZE-158A-79) to increase the density of the proposed condominium/apartment development (denied); 5) an appeal of an Administrative Determination (AIE-6-99) Interpreting rezone conditions of approval limiting site development solely to condominium development (denied). In 1978 the owner requested a zone change from Agriculture to Multi-family Suburban with a commercial strip (ZE-131-78). The file contains over 110 letters from neighbors against the action. The zone reclassification was denied. In 1979 the owner again requested a zone change from Agriculture to Multi-family Suburban, leaving out the commercial strip The proposed development was an 80-unit condominium/apartment complex. The zone reclassification received conditioned approval that limited the use of the property to the 80-unit condominium/apartment development. Other conditions insured that the site would revert to Agriculture if the current owner sold the land without fully developing it. In 1980 the owner requested a Change of Conditions for a previously approved zone change (ZE- 158A-79) asking that condition one be amended to read "Approval is granted for the sole purpose of condominium development" and that conditions two and three be removed Condition two stated, "if for any reason this project cannot be constructed, the zoning of the property shall be reverted to the Agricultural Zone Condition three stated "The sponsor in conjunction with the owner of the property record in the Spokane County Auditor's Office prior to a change in the Zoning Map by staff, a statement to run with the property which is the subject of the zone change application that the zone change is invalid, and the property shall automatically revert to the pre- existing Agricultural Zone classification if the property is sold by Mary F. Calistro to another party prior to full development pursuant to the application." The Hearing Examiner Committee approved petition on May 15, 1980. In 1984 another Change of Conditions for a previously approved zone change was submitted (new number was not assigned) requesting that the condominium/apartment density be increased to 172 from 80, the petition was denied by the Hearing Examiner Committee. In the fall of 1999 the owner applied for a building permit to build a church. During the review process it was determined that ZE-158A-79 had limited the development uses of the site. Conditions of Approval as amended per Change of Conditions (ZE-158A-79) specifically states in condition one "Approval is granted for the sole purpose of condominium development." The owner requested an Administrative Determination of condition one The determination upheld the condition and the determination was appealed This hearing body denied the appeal (AIE-6-99) on January 26, 2000. The applicants have now filed an application for a Change of Conditions (ZE-158B-79). On December 30, 1999 a Technical Review meeting was held with the applicants. At that time the applicants were given a list of the items necessary to bring the subject application in to Technically Complete status The applicants complied with the requirements and were issued a letter of Technically Complete on February 8, 2000 Subject of Change of Conditions: On December 2, 1999, the applicant submitted an application for a Change of Conditions for a previously approved zone change (ZE-158A-79). The applicant requests that all previous Conditions of Approval be removed and the applicant be Staff Report - March 29, 2000 Public Hearing 5 of 9 s allowed to develop the subject site for uses allowed in the Urban Residential-22 (UR-22) zone. Specifically, the applicant has submitted a site plan for the construction of a church on the subject site and requests that the previously imposed Conditions of Approval that limited the site to "sole purpose of condominium development be removed. Staff Analysis: Comprehensive Land Use Plan: The subject site is designated Urban in the Spokane County Comprehensive Plan The Characteristic Features section of the Urban Category of the Comprehensive Plan states in part "Since Urban areas will be the most intensely developed of all the categories, it is primarily a residential Category of single-family, two-family, multifamily, and condominium buildings along with neighborhood commercial, light industrial, and public and recreational facilities " Objective 1 1.a of the Urban Category of the Comprehensive Plan states "Promote fill-in within established development areas and existing outlying communities where utilities, arterials, schools and community facilities have already been established " Decision Guidelines for Object 1 5 a states "Buffering and/or landscaping will be used to mitigate the differences between proposed developments and existing uses." The subject proposal implements the Comprehensive Plan as identified in the Comprehensive Plan Urban Category. The proposed use is fill-in development The site has access to urban level services such as public water, public sewer, electrical power, and telephone and lies adjacent to SR-27 (Pines Road), a heavily traveled State Highway. The Site Plan provides for landscaping along Pines Road and on the boundary lines of the subject site that border residential development. Zoning Analysis The subject site is zoned Urban Residential-22 (UR-22). The site is located over the ASA overlay zone and is within the UTA, the PSSA, and Airport Overlay Zone. The subject site is not located in a neighborhood Association overlay area. According to the Spokane County Zoning Code "It is intended that this zone (UR-22) be used to add to the variety of housing types and densities, and as an implementation tool for the Comprehensive Plan Urban Category General characteristics of these areas include paved roads, public sewer and water, accessibility to schools and libraries, and a full line of public services including manned fire protection and public transit accessibility. Offices are permitted in the UR-22 zone in order to provide some of the service needs generated by high-intensity land uses The highest density residential zone, UR-22 is intended primarily for multiple-family dwellings and is usually located adjacent to major or secondary arterials. It is used as a transition between low or medium density multiple-family uses and intensive commercial or low intensity industrial uses The zoning of the proposal is in conformity with the general zoning trends of the neighborhood. The site is bordered on the north and west by UR-3.5 zoning and to the south and east by UR-22 zoning The owner requests that the conditions of ZE- 158A-79 be removed to allow the construction of a Church on the site The subject site's UR-22 zoning of generally permits churches as an outright permitted use per Chapter 14 605 of the Spokane County Zoning Code The subject site's zone reclassification (ZE-158A-79) as conditioned precludes any use other than the use of the site for condominium development (see Division of Building and Planning Administrative Decision of 11-18-99) Design The applicant has submitted a site plan proposal for the subject parcel that improves the property with a church, associated parking and landscaping The applicant's application was considered technically complete on February 8, 2000 and the site plan meets the zoning requirements. The applicant and WSDOT have agreed on an amount to be contributed toward the provision of a future signal at the Pines Road and Euclid Avenue Intersection. Access to the property will be limited by WSDOT to two access points. One access point will be at the north property boundary, the second access point will be approximately midway between the property's north and south boundary along Pines Road. ff♦ Staff Report - March 29, 2000 Public Hearing 6 of 9 i Proposed Site Plan Use: Church Proposed Buildings: One Church, no accessory buildings are proposed. Building Footprint Area: 21,201 Square feet Site Coverage: 6.05% Maximum Structure Height: 35'- 9" Building Setbacks: Proposed Required Front yard 168' 25' Flanking yard no flanking streets Side yard (R) 83- 6" 5' for each story of bldg. Rear yard (L) 15' from property line approx. 250' Parking 123 stalls 100 stalls Proposed Buffering/Landscaping Techniques: Front Yard: 25' of type III Landscaping Left Side Yard: 10' type I Landscaping Right Side Yard: 10' type I Landscaping along parking area of Trent Elementary School Rear Yard: 10' type I Landscaping along zoning boundary line and a six (6) foot high sight-obscuring fence. The site plan submitted for review by the Hearing Examiner is general in nature. Detailed review to determine compliance with all Zoning Code regulations and conditions of approval is recommended to be administrative and to occur at the Building Permit stage Project Summary The proposed site plan is generally consistent with and implements the Urban category of the Comprehensive Plan and the purpose and intent of the Urban Residential-22 (UR-22) zone. Attachments A. Maps • Vicinity Map • Site Plan • Comprehensive Plan ;onditions Zoning B. of Approval C. Agency and Public Comments Staff Report - March 29, 2000 Public Hearing 7of9 ZE-1586-79 Vicinity Map ;Pt I ~ Hull 1-fill PYL 2 34 L I I I I C e~ Wdlolcy I ~ -1 rl I 1,t11 1l. 1i'Il 1111I'1jI'i1t'r 3 1,, Ir ~ ',1111 Urmver 11',` ~l1'I'Il~ I d) ' I' 4 i'' rl ~ Nd O° II I'~ 'i ,ve, (1„1 , • , I a IS ,71,'11„II t,'11 > c ,~11,11,'IV 'I\Il, wamm 't~N'r I '11j1111 I V1+111 1 1 I Ir'111"11 I' i I ,~1.,1~'lll l''ll'L11 11 tn' .V ~,I~t ,,111 L1~~ 4 Q I 11 1 ~ •1r -~11n11111' L,,tl` i1~ 1, Ir'1 fjn~ll,llul11,~11n ltr t.u y,,'ii ,IfLI, Ll Ii Ali+rtlla 1111) 11 I I 111 1I11~1~1~ I111'1'' M'I ~y II I 1 ' !IlI L~tLl l1 I f f t ,tl'4'I'~tt~r ~-en - 11111r t ~ t,11, „ I11 Y Fmk s a Fn.v 17. C V M11111 'OIMCV S 5 1' In \ G Emu f V > Q . D } ~ Ms1dICJJ 09 tcmt I O er S I 1-90 Nom e ~ K ~ ~ /~UCUV ~ s Mssion a Ila= C \5iN C 4 I _ MalNCll 5uw ~ R'/1CV Slnto t ~ ~ sl 7 s rx ( I m J G Scale 1 inch - 1667 ft 03/22100 Viarury Map Existrl0 .:C(S$ 10 1:r11 I I lI ` --MARIBU POINT AVE I I 10 117+(1 MlOSrIW!r, 11rir I I /IS hIM "A. Saw, 441 O.NI ~0 .uNI .~Il1 ((Mitt lhtult(M1mr 10 hr1.M (.,111,4G 1ICn.IOh AS SAUVA.'%U Of I/ IAN01CWr4 h(0uhlt Yt9 I II BUILDING INFORMATION PERSENT OF BUILDING COVERAGE BUILDING 50 I~rTG 10 rrK I t*rOScvpc OMP I 250 = 21„01 5 f L..,r~ n 10 .:IRK .11~ coan LOT AREA :50,<00 S f [na.rtaW: 10 spur (ns7ec I I PERCENT OF COvERACE - 6 05% ws:AAVIG r[0%R[WZ.9 LANDSA USES CHURCH I I U.NQSCAPfO AREAS T, PE 1 - 8 300 S F TYPE O (I I I h ~I 111 9 600 s F E1ERAL--2'9.123 S F . I s( sEws Q TYPE OF LANDSCAPING (o FRONT YARD - TYPE III ► N C) I ' j - I I I I I I ®g0 -0 5m I' REAR YARDS - TYPE I I- EXISTIPIC I:4TURAl VEGETATION rn C N NO OF PARKING SPACES REQUIRED - 100 STALLS r1► j I si. PARKING PROVIDED - 123 STALLS u Q PERCENT OF OPEN SPACE (EXCLUDING PAVED AREAS) - 7621. BUILDING SETBACKS M vs a Q. Vd FRONT YARD - 25' FROM RIGHT OF wAY r9 I , , + I SIDE YARD ■ 5' FROM PROPERTY LIIIE PER STORY - SINGLE STGRF BLDS s. ^ r v REAR YARD - 15' FROM PROPERTY LINE W w / db ~1 HEIGHT OF BUILDING 0 TALLEST POINT - 55'-9- 1 HEIGHT OF BUILDING AT OFFICE/CLASSROOM 16'-7` ` t + I o f (W I HEIGHT OF SIGN - MONUMENT 5'-0- ail i SY- 1' a CE li E uOrwU+1 SIC" 13J'-I t/1(' 0~0 q,o is roan Tam sns<r WE I u REM Y.rO soo c.1 0'- a" 0° Ippl a rYVt . umoscwc st.r I .1 rt" I W-suPrr eP l i' c -0 Scrl cros jhulc rmct i W19'rR 10 .6r( wtn (Our ;r I" fp., 10 SIN+ 111Plulr uib ws ail rum Nu tr REOUIR--D PARKIN;, - CHURCH PEOUIR_0 PARYNNG FOR CHURCH 1 STALL/ FOUR SEATS .R1..,.1 PaAC[L DyIE (,r EWJo11 0nlrrr.Mo SAttCTUARY SEATING - 400 ar l.: ravl: cr V7LCtrI Pact( n Uhl s REOUIREO PARKING - 100 STALLS PARKING PROVIDED 123 STALLS PROPOSED FOURSQUARE VALLEY CHURCH Q @PROPOSED SITE P~LAN7 ronrr SCALE 1' . 60 -0- 0 30' 60' 90' ZE-1586-79 Existing Zoning SRR-5 •1 UR-3.5 i'I'''llllilll 1:11 I loll "loll SR• , 1-3 -2 MZ B-2 UR-3. loll B-2 1-2 -3 2''J;'l; I'll 2 2 4 .3 e B•2 ~o,,Za 1-2 -2 .2 ' .5 g- I "o B 3 S 11 It B- -7 B-3 I-2 U •22 I-2 1 IL _u I-1 R- R R 3 U UR-22 22 _u 1 .5 UR•3.5 UR-22 s UR-22 22,U -22 RR-10 F _ UR-22 UR-22 ' UR-3.5 UR 22 12 R-3.5 UR-22 _2 7711 UR-22 R-22 6a - UR -22 U -3. UR-22 ~®em 6 U U R-2 10 UR-22 U - UR2 R-3 R-22 I B-3 -2 H I_ U -3.5 UR-7 2 I I.2 /I-2 1 -3 RR -10 1-2 •3 UR-22 I- 1 -2 1-2 .2 12 I 1-2 H-2 I-2 I-2 11-2 B. B•3 I- I.2 1.2I 1- Scat : 1 inch - 833 h 03/22/00 Existing Zoning ZE-158 B-79 Comprehensive Land Use Plan Weller HtMV v MRA M~-~WiW~R-DnTij= Ji N 111111 ~i,G 1'11 II1 T1 Rich 11 ,A-Idl R41 111'' oil" 1 •it e// u~'lll r~ 00 111„11 ~ 1) , 111,1111 '~~1 o i l • 1 ' 1111 1 1 1 u l,'I~'1j11' 1'1 j1 c 11'111 '1 '1 11'IjrL 11'11' '1 'T 1 I 1111'1 1111111'1 ' R' , I n, l l u 11. .ice 1111; 1'11j111 •'It'll, m I ,~1 ,li 1 n 1 X1•'1,11 1 111 1 1 X11 111 X111111 11 , 1 11 111 1j 1,111,11,1 'f'1~ Ir''1'II'lll'I1'''j1 I 1 11 I I1'1,'1 ' 111ri I " I " 111 1 i M , Mlrabcau Pk •~1 , 1 1 FaFtlm,.- 111111111111111 Hr, EE, V~ ~ 1 ~~lle lL7 a cry EEBB o. ~ I Q MaiiSra a o? S 1 ,1 11 WIN 1 , a L-LJ o -TT V Ia x a l N I ~r r I L- W I Scale : 1 inch - 1250 ft 03/22100 Comprehensive Land Use Plan Subject Property within IUGA Subject Property within UTA. y l Subject Property within PSSA.A Subject Property within ASA RECOMMENDED CONDITIONS OF 1 I APPROVAL FOR ZE-1586-79 OCR F DIVISION OF PLANNING SPOKANE COUNTY 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which term shall include the owner(s) of the property, heirs, assigns and successors 2. The zone change applies to the following real property: Assessor's Parcel No. 45091.9001 3 The proposal shall comply with the Urban Residential-22 (UR-22) zone and all applicable chapters of the Spokane County Zoning Code, as amended. 4 The applicant shall develop the subject property generally in accordance with the concept presented to the Hearing Examiner. Variations, when approved by the Director of Planning/designee, may be permitted, including but not limited to building location, landscape plans and general allowable uses of the permitted zone All variations must conform to regulations set forth in the Spokane County Zoning Code, and the original intent of the development plans shall be maintained. 5 Approval is required from the Director of the Division of Planning/designee of a specific lighting and signing plan for the described property prior to the release of any building permit 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 the maintenance acceptable to the Director of the Division of Planning/designee shall be submitted with a performance bond or other suitable guarantee for the project prior to release of any building permits Landscaping shall be installed and maintained so that sight distance at access points is not obscured or impaired. 8. The applicant owns a small parcel (45091.0746) zoned UR-3.5 adjoining the subject site on the south boundary. The adjoining parcel is approximately 22.7'X 552 7' in size. The applicant is advised that Parcel 45091 0746 is not a part of the site plan and the landscaping must be placed on the south boundary of the subject site 9 Prior to issuance cf a Certificate of Occupancy permit, the Planning Department shall inspect the subject parcel for proper placement of the landscaping. 10 The Division of Planning shall prepare and record with the Spokane County Auditor a Title Notice noting that the property in question is subject to a variety of special conditions imposed as a result of approval of a land use action. This Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only re released, in full or in part, by the Division of Planning. The Title Notice shall generally provide as follows. The parcel of property legally described [ ] is the subject of a land use action by a Spokane County Hearing Examiner on March 29, 2000, imposing a variety of special development conditions. File No. ZE-1586-79 is available for inspection and copying in the Spokane County Division of Planning. Staff Report - March 29, 2000 Public Hearing 9 of 9 I Washington State 1 BOUNDARY REVIEW BOARD I For Spokane County I 1026 W Broadway Avenue I Spokane, WA 99260-0040 (509) 477-4237 FAX (509) 477-3631 March 17, 2000 , Ron Hand, Planner Spokane County Planning Division 1026 West Broadway Avenue Spokane, WA 99260 RE: ZE-15813-79: Foursquare Gospel Church, 3001 N. Pines Dear Mr. Hand: Thank you for the opportunity to comment on the above proposal. The site is not within the corporate limits of Irvin Water District and the District requires annexation before water service can be provided. A Notice of Intention for annexation is required to be filed with and then approved by the Boundary Review Board before this action can be finalized. If you have any questions, please do not hesitate to call me at 477-4237. Sincerely, ox'~~w Susan rvi. Wincheii, AICP Boundary Review Board Planner BOARD IMEMBERS: Douglas Beu John B Hagney Robert E Nebergall Lawrence B. Stone Daniel E Turbeville, III OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243 I-il t &r'"s-fCcx.N-n "ENGINEER'S CONDITIONS OF APPROVAL" ZONE TO: Spokane County Planning Department FROM: Division of Engineering & Roads j ~ DATE: March 14, 2000 PROJECT: UR-22 3RD CHG OF CON DELETE CONDONINIUMS ONLY FILE ZE-0158C-79/ Hearing: 03/29/2000 Sponsor/Applicant: MISCHELLE FULGHAM Section Township Range: 09-25-44 Planner: RON HAND 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 release of a building permit or use of property as proposed: 1. Approach permits and/or required improvements to Pines Road/SR-27, must be approved by the Washington State Department of Transportation (WSDOT). 2. Applicant shall submit for approval by the Spokane County Engineer drainage and access plans. 3 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 4. 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. 5. 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 6. Direct access to Frederic: Avenue and Fairview Avenue is prohibited until such time as authorized by the County Engineer cc r~,:Dml lean : Planner L Page 2 -a3/29/2000 (01/12/2000 (08/09/1984 --E-0158C 79 7. A traffic distribution letter for the proposed church was submitted to the County Engineer and WSDOT, for review and acceptance, prior to this item being placed on an agenda for a public hearing. The applicant is advised that additional traffic information is required prior to any proposed expansion of the church in the future and any other development proposals not addressed in the aforementioned distribution letter. Any traffic information and/or recommended mitigation submitted for future expansion of the site will require review and acceptance by the County Engineer and WSDOT. END Washington State Eastern Region Department of Transportation 2714 N Mayfair Street Spokane, WA 99207-2090 Sid Morrison Secretary of Transportation (509) 324-6000 R EC SPOKANE E«!~D + COUNTY March 14, 2000 Mr. Ron Hand MAR 15 200 Spokane County Planning CURRENT PLMNINC DIVISION- West 1026 Broadway Avenue Spokane, WA 99260-0240 Re: ZE-158B-79 Change of Conditions for a previously approved zone change to allow a church Dear Ron; The Washington State Department of Transportation (WSDOT) has reviewed the information that was submitted on the above proposal. Consequently, the following conditions of approval are submitted for inclusion in the findings of fact, conclusions and order/decision should the above change of conditions be granted.: 1. Access to Pines Road (SR 27) will be limited to two access points as stated below. A valid WSDOT road approach application is required for access at these two locations. An engineered design of these access points shall also be submitted for WSDOT review and approval. • One access point shall be at the north property boundary. This access N- -ill be shared with Trentwood Elementary, this is to be a signalized intersection in the future. • The second access point will be approximately midway between the property's north and south boundary lines along Pines Road. Due to channelization in Pines Road this access point will be limited to right in and out only unless the applicant can prove to WSDOT's satisfaction that left turns can be safely accommodated. The access design will need to reflect this turn restriction unless this restriction is removed by WSDOT. 2. Dedication of right of way to WSDOT for a turning radius and location of WSDOT traffic signal equipment is also needed at the sites northerly access to Pines Road. 3. Due to the proximity of Pines Road, site drainage plans need to be reviewed by WSDOT. 4. The applicant shall provide a contribution of $ 6,600 towards a future signal at the Pines Road and Euclid Avenue Intersection provided work on this signal corimences xNithin five years from the approval of the requested change of conditions. Acceptable tMr. Hand March 14, 2000 Page 2 surety to guarantee this payment shall also be provided to the Washington State Department of Transportation prior to the release of a general building permit for this site. 5. Development beyond the church proposed in this request will require that additional traffic information be provided to WSDOT and Spokane County for review and acceptance. As a result of this additional mitigation may be required to account for the increase in traffic. If you have any questions on this matter, please feel free to contact me at 324-6199. Sincerely, Greg Figg Transportation Planner cc: Al French, Applicant's Contact Scott Engelhard, Spokane County Engineers Project File: 027-087-06 SPO cCE t FW=D K,NL Co.,1~ NA R I t5 2000 CURRENT FLANNU40 DIVIS~01\: r SPON LE C 0 L IN t DEC 0 1999 DIVISION OF BUILDING AND PLANINI' lr TECIHNICAL REVIEW MEETING SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING Date: pprpmbpr 10, 199, Health Distri Department: Spokane Re ion Department Contact Person: Steven P. Holderb . S. Action: ZE-158A-79; Change of Conditions of a previously approved Zone change. The applicant requests removing condition limiting development to the sole purpose of condominiums. Zoning is UR-22. TECHNICAL REVIEW MEETING: DECEMBER 30, 1999 @ 1:15 P.M. Note: The following information is to provide the proposal sponsor with primary agency comments to assist the sponsor and aid the processing of public hearing items heard before the Hearing Examiner. The following information does not provide a complete or binding final review of the proposal. This will occur only after the proposal is accepted and placed on the Public Hearing Agenda. The acceptance of the application and scheduling of the application on the Public Hearing Agenda is the primary function of this meeting. A secondary function of this meeting is to provide a preliminary review of the application. This will provide a forum for the sponsor and other departments of what to expect as standard development conditions and design recommendations. The comments received are based on a preliminary review of the application form and site plan by the Departments and Agencies which have been circulated the information (not all agencies/departments have been contacted--only those who have been determined to have primary interest. 1. a. Does the application (or can the development) meet requirements to be placed on the Public Hearing Agenda? ® YES ❑ NO b. If no, what is lacking? C. Public Hearing Schedule: Hearings before the Hearing Examiner are scheduled upon determination that the application is complete. Items will be scheduled for the first available public heanng. 2. After a preliminary review of the application what "Conditions of Approval" would be required of the development? (Attach conditions if necessary) DOC. 29 l SPOKANE REGIONAL HEALTH DISTRICT CONDITIONS a Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. b. Water service shall be coordinated through the Director of Utilities, Spokane County. C. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. d. A public sewer system will be made available for the project. e. Use of private wells and water systems is prohibited. Landuse/conditions/pa t~ SPOKANE REGIONAL HEALTH DISTRICT RECEIVE.' ENVIRONMENTAL HEALTH DIVISION SPOKANE CC'Ji' ~ INTEROFFICE MEMO MAR U c ~_s CURRENT PLANNING DIvI`'. , DATE: March 6, 2000 TO: Ronald Hand, Associate Planner, Spokane County Division of Current Planning FROM: Donald T. Lynch EHS II - EHD, SRHD ' U ~ Lam.. SUBJECT: ZE-15813-79 (Pines Sewer Development) Connection to the Spokane County public sewer system and to Irvin Water District are required. We offer no additional comment. planning Itrlze-158b-79 SPOKANE REGIONAL HEALTH DISTRICT ENVIRONMENTAL HEALTH DIVISION INTEROFFICE MEMO DATE: January 7, 2000 TO- Ron Hand, Associate Planner, Spokane County Division of Current Planning FROM: Donald T. Lynch EHS II - EHD, SRHD SUBJECT: Change of Conditions for ZE-158A-79, AIE-158A-79, Connection to public water and public sewer will be required for this project. planning 10ze-1158a-79 DOC.32 Hand, Ron From: Hemmings, Bill Sent: Friday, January 07, 2000 8:03 AM To: Hand, Ron Cc: BEng (hard, Scott; Kimball, Sandy, Sims, Brenda, Miller, Katherine; Darrell, Virginia, Davis, Tom Subject: ,915-158A-79 - Mischelle Fulgham ZE 1-7-99 1 have no comment on this proposal at this point in time ogee q&UM4Vd. ;V5 Page 1 DOC• 31 DEC-11-99 10:59AM FROM-SCAPCA T-485 P.03/04 F-578 SPOKANE COUNTY CLEAi•~~AIR AIR POLLUTION SO, o >K A N CON I MUL AUTHOMY WEST 1101 COLLEGE, SUITE 403 0 SPOICANE. WA 99201 • (509) 477-4727 Fa: ;S09) 477-6828 Date: -Z;2, C:2 - 7,7 To: ❑ Mr. Jeff Forry 19 Ms. Francine Shaw Spokane County Division of Buildings & Planning 1026 W. Broadway Ave. Spokane, WA 99260 From: Mr. Charles E. Studer Re: SCAPCA REQUIREMENTS FOR: File No. Z 1 - / 5814 - 9 Proponent/Project Name: P El (Request for Comments on ❑ (Comments on Hearings Examiner Public Meeting on ❑ Comments on Determination of Nonsi nificance Issued on j~ on Ja 3 a q 9 The Spokane County Air Pollunon Conni Autnonty (SCAPCA) was formed under the authonry of the 1967 Clean Air Act of Washington (RCVS. That Act required counties. like Spokane County, to activate local air pollution control agencles. To meet the requirements of that Act, SCAPCA adopted regulations to control the emissions of air contaminants from sources within Spokane County. Portions of Spokane County fail to meet federal health standards for particulate emissions (dust and smoke) and caroon monoxide. Numerous strategies have been implemented to reduce air pollution emissions so that we can improve air quality and meet health standards. Following is a list of concerns6wues that, at a minimum, need to be addressed far proposed projects. Additional comments may result after more detailed information of the project is supplied. SCAPCA encourages proponents to contact their officas at 1101 West College, Spokane, WA 99201 for additional information. The following conditions are relevant to proposed project • Harvesting of timber creates silvicultural debris. Consistent with State policies and regulations, alternatives to burning should be examined. The preferred alternate disposal methods in the following order are: slash production minimization, slash utilization, non-buming disposal and silvicultural burning. If buming is the only reasonable disposal method then it must be done in accordance with all applicable regulations, and conducted in a manner that minimizes smoke related nuisances and air pollution impacts. • Washington State Regulation 173-400-110 requires that a Notice of Construction and Application for Approval be submitted to and approved by our Agency prior to the construction, installation or, establishment of an air pollution source. It is possible that the following air pollution sources may be present at the proposed facility: One or more fossil fuel (natural gas, propane, butane, diesel, fuel oil, or waste oil) or wood burning heat sources. Natural gas/propane/butane burning boilers, heating units, or hot S CClNMeYTS Car D O C. 25 r ~ M E M O R A N D U M DATE: December 30, 1999 TO: Ronald Hand, P1 FROM: Katherine M ler, E`. ~an Vfr Darrell, P.E.;Storm%vater Utility R E: Change of Conditions to ZE-1 s 8A-79 CC: Please inform the applicant that during the building permit process the development will need to conform to both current Road Standards and Guidelines for Stormwater Management. We have no object to this change of condition as long as drainage issues can be handled according to current regulations/requirements. K %StormlKathenre C=SIGN',zet 58a79 doc DOC.28 01/12/00 WED 09:06 FAX 509 892 4125 SPOKANE VALLEY FIRE DEPT 444 PLANNING 006 SPOKANE VALLEY FIRE DEPARTMENT Spokone County Re District 1 10319 EAST SPRAGUE AVE. • SPOKANE, WA 99206.3676 • (509) 928-1700 . FAX (509) 892-4125 R. Pat Humplvles Chief January 12, 2000 Ron Hand Department of Building & Planning 1026 W, Broadway Spokane, WA 99260 RE: Change of Conditions PE-158A-79 Dear Mr, Hand: The Spokane Valley Fire Department has no requirements of this change of conditions. We will have requirements at building permit/ pre-construction time. Sincer ly, evi Miller Fire Inspector KM/dc -,,Feb. 2. 2000 1:44PM RiVER$LUFF DEVELOPMENT No•0430 P. 2 To: RON HAND (Building & Planning) CC: From: JIM RED (Utilities) Date: 01/26/2000 Subject: ZE-0168A-79 Stage: Revised Prefiinar Phase: 3001 N Pines Change of Condition 4 1 8809 A wet (live) sewer connection to the area-wide Public Sewer System is to be constructed, Sewer connection permit is required. Commercial deveiopmeMs'shall submit hlstoricaf and cf estimated water usage -prior to the fssuanci of'the connection permit in order to establish sewer fees. ssl 2a Applicant shall submit expressly to Spokane County Division of Utilities "under separate cover", only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and or estimated water usage as part of the sewer plan submittial. A 30' public sewer easement to extend from the east end of Fredrick to the point of connection to the sanitary sewer system is required. Please contact Mark Stitz of thls office concerning this requirement. asl 2f Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of the sewer construction permit. ssl5a Arrangements for payment of applicable sewer charges must be made prior to Issuance of sewer connection permit. Sswer charges may include special connection charges and general facilities charges. Charles may be substantial depending upon the nature of the development. ws01 Any water service for this project shell be provided In accordance with the Coordinated Water System Plan for Spokane County, as amended. SPOKANE COUNTY UTXrIIES 1026 W. BROAMVAy SPOKAUNE, WA5HINGTO,V 99260-0430 r F.%gi~Oo _j ' M pBM~TE~ z~vsass u. s. INABERHOOD 21 LLC - 4425 W LOOKOU-' 1f0L.YTAhN Lri STE A SPOK-k-NE WA 99208 E-15 8 B-7 Comprehensive Land Use Plan Y 1 I I well t 1 - I E[~ IJ +u I, V of Jai ' 4, { Rec3 ' I1J 'IJr 1 JtJJrrlll 1#~ I I~IrI',r'I~ 'a!4 'i I', A 1,11 , I rlJlilI',Jill J , pl y ' I '1 a IJ 111 IF ~a I '+II~It+ I.I~~I ~~3 E~pJd J11jr+ .Jpl 1 I,il 'JrlJllll,+', rr + rlllJrlt, ltl IJ .t l'T~ t 1 I, I'''plllr+l~~~r+l,j1` ,r +llpl, J 1,' , IJ Ili II r''rl`++Ir'!11+lEl iJ 1'II F IJ o1 i a ~ ar i' 4 ~ I a e y y1Z3bnu Pt 1 llllli441 parr EJ t Jlf ! I.,I I I ! ! t u I~~, J I I I l ~ _ I ~ I! E I 1~ ~ a I I fi f ~ 11 11 I I I11 11 I -I! I ~ x! ~ ` ! I J 1 I I ! d ° i! II ~ tr i+ 4 I~ , 5 e~y I I I s 1 I F ~ MJ 4 Er a r. li ~ ~ ~ ~ ~ III I „y I EJ a I rTT _ . x Mira ~ I J r ~I I L! I ! Q I a l Jill ~ iHifflig I !!I` ~ I ICI ~ ~ IT I I ~}'y ! p } I r I I I lil lam- w Scale : i inch - 1254 ft 03122/00 Comprehensive Land Use Ilan Sub ect Property within IUGA. 1-C1 A Subject Prvp2rtYwithin UTA. Subject Property within PSSA. A-A~ SuhI Prt Prn+,Orn,,.,:IL xt. A E-158 r Vicinity Map F 111 FmL4 KM a.% 2 ] 34 r ~ i- ~ w.Re+rr. 1 1 A 1 ~J r7 JJ x fl,SIIJI rJ~ +l,ItJ t1jII~~~.J j! s ~'I~ trr',Jrl ~+YY'!; ~Y+F t3~ ~ ~ F x ++klkljrl ' lr q,'r ' IJ 1 rx ' IMF+~'lylr ~ r' +p; 11+J1, ~ J~ I.Ib , I rl ~4 r r ; 14 JrF,rTJ'lil7rYrl,~,1111h ~,Ilj4i1F''fllJ'~rllrojLl 4r1 Ll_1I~II I ~Ire~lrl,ilrl+rll+J ,L! 11 - -top I,I a r,.I iJFRI tr~l~ -r,~~,rF, __~ca d I 14 r ~ KuJe,cf ~ ~ L~ i r r 4 s Cc: ~I~scz*me w > .n C - - - - - ~.J 1-90 j A. F-1, " j ion Niss, C ~ 11laaisrtEl L .bsrr I ti a.,rrr 3a~.1 c S,arn 311 ~ ¢ti ~ ~ u . 4Ti] II i 1 i rim 'i rtN_ E I i ^ r Live i r - Y 1 ~ $ i y cl 1 le 4~ 5cz e : inch -1667 ft 03/22/00 YarIty heap E-1B-7J Existing Zoning p9 11111~lr ~ IlYri'rl , - 5 !1111 II S R R ri IILIFI I!ill~ r ~ Irllllnrll rr 1,11 UR-3.5 1r11+11'1+'I li 111 ~I~Ii li llf 11{111I1'li~llr I IltlrlJll - r 1+111 11r11111111a 1111 r1+ e q 11 Irr11111, -2 SR-1 I, III+Ilil+illl~`I1 R +111~1j111I11Ir 11111 II `r`71+ 1-3 l7[ 1,l111j, +1 `II 11L] '+~1'Ir11 t B- lJ I7-ti7, fl r~ lil 1 i11llil it 2 1 1rIr1Ir ~r 1111+IIII L 1171)11+11 11r11rI~ - , rj111r11' + I I Ly~.II ,1111M 1'Irll' 11 Irl rlrnrlJl l li l U`rl`I II Q-2 1-2 + - 11+r 11 r+lir r~l IIrIJ r~rfa+laal+`j1 r~ Jahrllr `111111 11IIr1111 r111rn 4if 1 -2 rrl rl 11r rl 1I1 1111 1r r~ 11` II II I`r 11 r1`r+ 2 11+ I, 11 .3 1 i I Y II+ ~j 11111 f 1`y~1y rIi I B-2 '11V, 1-2 7 I1111F11 +Ilo,rlli#rl - rl111J171rr11j] 1r1~11r 17 1~ ai1 ail - B- •+1"Ilr 11Ir+4 l~1l r~ilr! i Fll', r~; 11r11~ 1117 1'Ir I11'll rr 111+x1 B 3 Y II 4 _ B- B-3 1 .7 1-2 U -22 - t _ I I ljj T) F R-3-~a I~ 1-2 l a I I i ~ ' I I I I r k ~ ,_y UK- NEr, Ifll Ili II ~ ~ I I I III OR=1 I I I I I I I I IUD- I l l y i UR-22 12 UR-a.5 , UR-22 UR-22 2 -22 RR-10 U R-22 UR-22 r I N 1 2 Ck UR-s 5 UFf 22 I 2 _ UR-22 I I UR-22 UR-22 u -3. U -22 a a a U R2 ti a R-22 Ufa-22 UR2 R-s B-3 -27, l1-2 2121t, -2 -2 UR-7 ri F1 J11 a )-2 2 112 11 - - 1-2 I 1-2 B_34 1-2-21 1-2 } Scab : 7 inch 833 ft 03122/00 Ex;Ang Zoning NOTICE OF PUBLIC HEARING SPOKANE COUNTY HEARING EXAMINER TO: All interested persons, and owners/taxpayers within 400 feet YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE LAND USE APPLICATION LISTED BELOW, AS FOLLOWS: Application: File No. ZE-158B-79; Change of Conditions for a previously approved zone change limiting the site to condominium development Hearing Date and Time: March 29, 2000 @ 9.00 a.m. Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026 West Broadway, Spokane, Washington. Owner: Pines Sewer Development Inc. c/o Tom Hamilton, PO Box 14686; Spokane, WA 99214-0686 Applicant: Mischelle Fulgham; 717 W. Sprague, Ste. 1600; Spokane, WA 99201; 509/455-9555 Address and Location: Generally located 160 feet west of Grace and South of Mirabeau at 3001 N. Pines Comprehensive Plan: Urban Zoning Designation: Urban Residential-22 (UR-22) Environmental Determination: A Mitigated Determination of Nonsignificance (MDNS) was issued by the County Division of Current Planning, as the lead agency on March 13, 2000. The comment period ends March 27, 2000. Related Permits: A DNS for a building permit was issued on November 7, 1999. Division of Current Planning Staff: Ron Hand, Associate Planner, (509) 477-7200 HEARING EXAMINER PROCEDURES Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted in Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and may submit written comments and documents before or at the hearing. The Hearing Examiner may limit the time given to speakers. A speaker representing each side of the issue is encouraged. Any appeal of the Hearing Examiner's decision will be based on the record established before the Hearing Examiner, pursuant to County Resolution Nos. 96-0171. Environmental appeals will follow the same procedural route as the underlying action. All hearings will be conducted in facilities which are accessible to persons with physical disabilities. Inspection of File, 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 Division of Planning, I" Floor Permit Center, Public Works Building, 1026 W. Broadway, Spokane, WA 99260-0220, between 8 a.m. and 4 p.m., weekdays, M-F, except holidays. Copies of documents will be made available for the cost of reproduction. If you have any questions or special needs, please call the Division at (509) 477-7200. Send written comments to the Spokane County Division of Planning, 1026 W. Broadway, Spokane, WA 99260, Attn: Ron Hand, ZE-158B-79. Motions must be made in writing and submitted to the Spokane County Hearing Examiner, 3`d Floor, Public Works Building, 1026 W. Broadway, Spokane, WA 99260-0245. r 4 ZEm1 58B=79 Vicinity Map C:1tri 1 . 1 c ~ ~ I i jai i r-. - 32 ) 11 11.1 • 1, 'rte I 1 ^r•v.- •1 ( t.- r \ / l' 1'i l'r ltl ~ (~r3wc'1 y - ( I 1 ti r _I t -i ~ v ttt rl , l_~u q 1 ~ ~ 1 r I~ r ~ ~t/6 ~i~ 1j1 'l j, q a , 1 111 ,,111 ,lr i I ~ , J rll'j1 rill' ~ '1't ^ I Ill/'',1111' f ~~•'I•I111111 I i 1 y~~, I ~ IT~~ ,mac=/II S~.aJ('G~.~3Zf,~~1( 1'1'1'~u` u lit i.Y•~1r~ (3C~•~ - r~~ _ I f~~~' - 'til ~ LIJ~ 1 F I s 1-90 LE i':1is I Z4 zv _ zr, ZE=1 58B= Site Development Plan M1 d ~ L V - f r - - r Z L lr = J 4 r W 4=~ < R ~ l Ste!' fJ ~ L` Ar ~ ~ # v r L r F +r L' I ;1' J ! f ~ l V A ~rt\ ~ r II I I ~ r~ IK sz ti _T _y ~r Jr- vu's ! , 1 Y ~Y 4• ~ ~ I Illy ~ ~ ~ ff'• ~f - Wi- 1+ e F ll ~ h7 ~ ~~Y O I!E v r~ A I Yr~ - 1 I 0 I VA `F y_ g- 1 , f I~ 11 azl ~ i 7 A ' i Not to Scale 021MOO N ~ Site Development Plan ✓ rr ~Q .042 _ 0501 C, 307 PGA Q - 4.0409 4.0408 4.0422 _ u co ~yr~~g6 V . ` ~ -21 - B-2 4i2A 2 4 4.0502 ~a 03 ~n4' ti 4.0322 3.0306 .4.0423 4 0424 Qor°~6 . 4 4.0303 X ~ - ~ B-2 4.0323 ~ 4.0321 4 4.0319 .0326 ' fir' t`~ - 526~ • C I8 z. t n~,~ i (I t rt t n G 4.0 x.0919 i A AW C 47 4 9023 .1! ~i• r 3.9025 4 1215 P 51.8 0401 -3,5+4 24 42 - 6 .12 4 1207 4 1206 4 1209 4 1205 a- 4 1204 4 1203 JJ c 4 1202 60 Loeb 4 1211 4 9022 Rol 4 1301 4 1201 4 1302 d 4.1304 4 1303 4 1212 Ilf°° 1 4 1305 -3 - 4 1113 4.1114 - 4 1115 4 1306 4 1307 4 1308 4 1309 q 1213 4 1111 4 1116 4 1120 Railroad a~ i41~ rlrl ~ 4 1127 -314 I / 4 1110 q 1117 4 1118 4.1115 4 1121 4.1122 4 i123 4 1124 4 1125 e 1126 IC9 i 4 9023 ' .0401 3.9040' r UR- w . t ' FILE UUPI Sec-Twnshp-Rng ZONING CLASSIFICATIONS NORTH 03'25-44 ❑ UR-3.5 ❑ UR-22 ❑ SRR-5 ❑ EA ❑ B-1 F'j-LAEioffFT ❑ UR-7 ❑ SR-1 ❑ SRR-2 ❑ GA ❑ B-2 II ❑ UR-12 K* SR-1/2 ❑ RS ❑ RR-10 B-3 QUM Revision Dute:10"11I97 ~,1YA07/00 TUE-_14 : V4 FAX 509 747 2323 LLKINS & ANNIS 2002 C 1-1 SpQKAI~ra; gNVR14NMglt1TAL ORTIMANCQ (WAC 191-11-970) srstlou I 1-38M0 MIAMled Determination of Narctipjllmrce (MONS) MMOATED DstZRMiNATrox OW SoK9IWMFCANC19 °MDNS" TILE NO(s): Z13•139B.79 DZSCII TP=N of PROPOSAL: Cbageo ae<t>ortdMotl!< fbr o ptevlntntl~► aa?Dro~ed swo chartgo tlttt)sad rea (~8.13109 tHotod 4evalo frmcttt to Candatmlaiurt purposesany to 9=k i ehvrdt ad Noce um allowed In dia Urbtm 0&1.22 (UR-22,) Zone. PUDLTC HEARING SCHIDLL n FORt prpmh 29,20M aplgp AM, W 99OND47: FourM=M GasPN MMh o%Tom HRMgtaa. Pines 3ewcr Dovalopnml. bm, P.a Sax 14686, spokana 1LOCA770N OF pAOpOCA2, MCLUti MC &Mg%T AD93tWr IP Al'1Y: Cenerolbr loesraa alortr tlf• r+•st oils of Shto Route No. 27 (?loos Rated), toXUaae¢ly 160 f= north of Crew Avcnm In the N6 k otSeWon 9. TWp, 3?M, attge 44 13-W.M. Site Address: 3001 ttortll7= host Spew% WA LEA C. N - gMXA.NBCOUNTY a ea ageno star this ptQpwal ttas daamtned Ihri tt dam na have o probohla d l/ieant advvao I~ae~ on Ilia environtncnt ifymitlgBled as Wpuiated below. An Enviraru mml nnpsu gtatatrxv t(IIS) is~ required under ItCW a3.2IC.030(zxc). 1~tia doaidon meda aver savio9r cf. a*tta.Cd wvIrarAmtmtal dtodclist and advor lnfamtatlon on ilia with the I~edd nmcy. This informaclon Is anllabfe to the P Nat an mquaL O 'sites Is no comment parbA for This MDNS; partttmrtt to WAC 197-11.340 (1} (X) TMA MDNS la Jratad Uvdat WAC 197-11340 PX the load aPWr will not act on this prepasel fbr nt least 15 doe fret" tho date hated 0010W~ COMMAS rqpWlnn (his MDNS mm bvsobnwia no (later than 4;00 pill, 3000 itNey~an ioloo" to ally that MON& YM- !PATTNC MttAS[7rt : D a P-0: 1. The oplicont shall Oravlde a cons ibntlon of sd.600 tows* a ftne s7puu st avo Pines ttaad and Ebolld Averwo Intmaation provfdod work on This ftw omt meam..lthG five yeas from mo epPftrval atttfe requated dim o! aondittdns. AcceplaMle nnb, to gaarttnom ibis pgytrte0t shWI aHo be 1mOVided a be W4ShInaton Stele Department of Trtt *fUtloo prW to the rdcate are llneel balldia g psrmit far this silo. 1 aaknowledgo the above mMgadog etmserq to be m ellAcarlons and 1AN= o,ta to the above described proposal end warrnnt hurt t will Il nat o ob tD or carom Ibm ttomttra, In d.; futon Date: 2/29/00 Nets-Thcma D. Hami I t= $annalure: 'r Responslbta Otnetal Ronald W. Hand Posltlontritle: Ampolarc Plenncr (atonal (SOV) 477.7200 Addrois: West IM6 Broadway. Spokane, WA 99260 Comments regarding eW.'s.m. tol ooncerat are ml me au that haarina. Date Inuetl: h 1ap jr V Ij W=0-4 •aa•e.• 'Vf t••1 • • • ~.+.•~•••t APPEAL OR TKIS DrmRMTNATf0K otter h becomm fln % stay be merle to the 9potmno coualy Divaion ofConrnt Planning, Wcs, 102613MIdtnvIR~yy, Spokane. WA 99260. The qWW dcad1bw Is dto same at that dma lxvpasal ftmklel dendllnev bdns met (10) cslcndar days dker iho a lpang offt gioWm. Thb ate) must be wriltco and Mike "lao fartatal objecdons Cantama die Olvan of Cormt Plenning far asaiann= with-rbe Sj=dies ofa StAA Al 1 A COPY of the MDNS vac mailed tat: 1. WA. Stem DeFermtant of 13calo SSPA Ravlew. Obmtok 9WO4 Z 8pokcane County Dlvislon of englneoring, swu lrrt ajer l 3. Spakano County Dlvlslon of Utltltie~~a. Jim Rod S. pokane County y Di~vislon ttyy o(Bulldhtg DnddCode albreromeaL Tom Dev13 6. Spokane Rcglonal Health DuUfM Stave Helderby 7. Sppookanc County Air Pailutlan Corael Authority B. WA State Boundary Review Beale. Susan WhteW 9. Spokane County P'ur No ccdon Dia ctNo. 1 10. Spokane Regional Tmnsportetion Coundl. Glans Mhos 1211, Spokane Tmmlt AuthoChrlulne Fumton A Stun Dopannaem of Tra nspo~rulpn. Greg MCA 13. School district: Casts valley 0361 14. Irvin wtucr d,dtria 06 lw m- MDN9 tt 1 lam b6TR10 ACCESS TO Tpfe1 CUYcIIARY SCwCO:\ ` -M-A-RIBU POINT AVE 600 - - - - - - - --d4- _ - I • i F_ Z1, t0 M( I {,imcAPIY' STRIP A°pltA'Tf TO .'Opp rin COYNTI' ~IS OEM Yytp SCTBKK EMCU,EERNr TO RCTARI EtmTwc Ky TATIpe AS G11SA:1tOH Or I,µ05CAWIC REOIARSYUTi II I BUILDING INFORMATION PERCENT OF BUILDING COVERAGE BUILDING SO FTC = 21 201 S F ~to 1Tpr I IAA:SUPPO STRIP LOT AREA - 350,400 S F i APPIP.IM 10.ORK ,11" CGJt I I I PERCENT Of COVERAGE - 6 05 .,.MN; to REIAm EnS1e1. VCCE:A N 6AtIsrAz,ow of I BUILDING USES CHURCH W4OSJAr16 RCOWRCYCM I LANDSCAPED AREAS 7) PE I - 8,300 S F TYPE III - 9 600 S F h GEIIERAL = 249 123 S F 54 STA= U T,PE OF LANDSCAPING FRONT YARD - TYPE III I~ N ° I I I I I I I I I go 00~I SIDE YARDS - TYPE I rn I QB N REAR YARDS - TYPE 1 - EXISTING NATURAL VEGETATION O - -1 IJO OF PARKING SPACES REQUIRED - IOD STALLS I STA PJARK114C PROVIDED = 123 STALLS `V ►r. 10 J~ Q PERCENT OF OPEN SPACE (EXCLUDING PAVED AREAS) 76 21% V 1 a BUILDING SETBACKS FRONT YARD - 25' FROM RIGHT OF MY Tp SIDE YARD - 5' FROM PROPERTY LINE PER STORY - SINGLE STGRf OLDS (D , QQ~ I I REAR YARD - 15' FROM PROPERTY LINE 1 I - d~ HEIGHT OF BUILDING 0 TALLEST POIIJT . 35'-g' " HEIGHT OF BUILDING AT OFFICE/CLASSROOM = 16'-7- ' A~1 y D I I ; ' qp - HEIGHT OF SIG14 - MOIJUIIENT 5'-0' I m- r (a er- r~~e' ~ I I I - o ~ I d N _ L I- ep I I O 0- YparvUlt SrCN TT QQ'~10 I 73 fR0`!i YAA9 SEieA,'[ u+E 1 rTnn~IS REAP TMO SMACK ~ a P-00 --;Cp I E1 rYPE IT ,AMO$CJPRIC $IRR ,10 »R I LA- SaAN,: ~'mP ;FCA6+, I 6-0 IT SIGHT R-y aVply,YJf 10 RDRK IY, wrimTH Coup Y ENC121CERS 10 SICK ALTER WE YlnOCS rDR REUV REOUIREO PARKING - CHURCH REOUIRED PA?Y,ING FOR CHURCH 1 STALL/ FOUR SEATS AtUAC:YI P~+C4 PART U CC-.014 On,CM.wP SANCTUARY SEATING - 400 u~1 1orIIHG off -ZiAum PUMEE IS IFg5 REQUIRED PARKING = 100 STALLS PARKING PROVIDED 123 STALLS PROPOSED FOURSQUARE VALLEY CHURCH @PROPOSED SITE PLAN SCALE 1' = 60 -0- 0 30' 60' 90' rorrw EXISTING ACCESS TO TRENT ELEME14TARY SCw00-\ I -fAR1BPOINT AVE ~t 600' - - -t ! - - - - - - - --360- - - - - ,oor,,oooa I I lO' TYPE I WIDSCAPING STRIP APPUCANT TO WORK WITH COWTY I 15' REAR fARD SETBACK FNGrEERtttG TO RETAIN DISTING / VEGETATION AS SATISFACTION OF II ~ LANDSCAPING REOUIREA"E>,9 I ( I I BUILDING INFORMATION I PERSENT OF BUILDING COvERAGE ' TYPE I LANDSCANNG SlRiP BUILDING SO riG = 21,201 S F I LOT AREA - - 350,400 S F 9 t0 r,T TO O WORK WTtH 0OU OUNn I APpUCA I ENGIN:-ERLNG TO RETAIN EXISTING I PERCENT OF COVERAGE = 6 05/0 VEGETATION IN SATSFACTION OF I I I IAOS ARNNG REOUIREMEM BUILDING USES CHURCH I LANDSCAPED AREAS I. 10 TYPE I = 8,300 S F I I ab TYPE III = 9 60 I ,600 . S F Q GE14ERAL = 29,123 S F Q TYPE OF LANDSCAPING 56 STALLS I . @@ FRO14T YARD - TYPE ill I o o a SIDE YARDS - TYPE I LLLfm\ g o - 1 ® = REAR YARDS - TYPE I - EXISTING NATURAL VEGETATION I (n U) NO OF PARKING SPACES REOUIR = A ED 100 STALLS I o t sT„L a IW PARKING PROVIDED = 123 STALLS i s ~Z PERCENT OF OPEN SPACE (EXCLUDING PAVED AREAS = 76 21% BUILDING SMACKS FRONT YARD = 25' FROM RIGHT OF WAY = c = SIDE YARD = 5' FROM PROPERTY LIP! _ E PER STORY SINGLE SIGP,'r' BLDG REAR YARD = 15' FROM PROPERTY LINE HEIGHT OF BUILDING @ TALLEST POINT - - 35'-9" ® HEIGHT OF BUILDING AT OFFICE/CLASSROOM = 16'-7" 000 Z! _ 0 - M HEIGHT OF SIGN - MONUMENT 5'-0" % .0 67'-y 6" .o I ~ i I R7 -Ico L In ol- r ~ MONUNEM SIGN I n 00 - I 133 -2 7/16' 00 25 FROM YARD SETBACK LINE ~ 0 0 _ I 15 PEAR YARD SETBACK 5 I 0 O I 59 I 25 TYPE Ill LANDSCAPING STRIP 1 10 TYPE I WI'r$CAPING I? I I I 600 6 -0' HxH SI0I4T OBSCURING FENCE APPL'CANT TO WORK. WITH COUtI,Y ENCOIEERS 10 SEEK ALTERNATE METHODS FOR RELIEF REQUIRED PARKING - CHURCH REQUIRED PARKING FOR CHURCH 1 STALL/ FOUR SEATS ADJACENT PARCEL PART OF COMJON OW'NERSIRP SANCTUARY SEATING = 400 EXISTING ZONING ON ADJACENT PAPCEL IS UR35 REQUIRED PARKING = 100 STALLS PARKING PROVIDED 123 STALLS PROPOSED FOURSQUARE VALLEY CHURCH PROPOSED S E IT PLAN G ■oere SCALE 1" = 60'-0" 0 30' 60' 90' SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-970) Section 11 10.230 (3) Mitigated Determination of Nonsignificance (MDNS) MITIGATED DETERMINATION OF NONSIGNIFICANCE "MDNS" FILE NO(S): ZE-15813-79 DESCRIPTION OF PROPOSAL Change of Conditions for a previously approved zone change (ZE-158A-79) that had restricted development to Condominium purposes only to permit a church and those uses allowed in the Urban Residential-22 (UR-22) zone PUBLIC HEARING SCHEDULED FOR: March 29, 2000 Q. 9 00 A M PROPONENT- Foursquaie Gospel Church c/o Tom Hamilton, Pines Sewer Development, Inc, P 0. Box 14686, Spokane, WA 99214-0686 LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS, IF ANY: Gcncially located along the west side of State Route No 27 (Pines Road), approximately 160 feet north of Grace Avenue, in the NE'/, of Section 9, 'I'wp 25N, Range 44 E W M Site Address 3001 north Pines Road, Spokane, WA LEAD AGENCY SPOKANE COUNTY The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment if mitigated as stipulated below An Environmental Impact Statement (EIS) is not required under RCW 43 21 C 030(2)(c) This decision was made after review of a completed environmental checklist and other information on file with the lead agency This information is available to the public on request ( ) There is no comment period for this MDNS, pursuant to WAC 197-1 1-340 (1) ( This MDNS 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 MDNS must be submitted no later than 4.00 p m., March`, 2000, if they are intended to alter the MDNS 2-1 MITIGATING MEASURES. I The applicant shall provide a contribution of $6,600 towards a future signal at the Pines Road and Euclid Avenue Intersection provided work on this signal commences within five years from the approval of the requested change of conditions Acceptable surety to guarantee this payment shall also be provided to the Washington State Department of'Transportatnon prior to the release of a general building permit for this site I acknowledge the above mitigating measures to be modifications and adjustmcnts to the above described proposal and warrant that I wall not opp se, ah' ct to or contest these measures in Cunn.e. Date 2/29/00 I' n t 1rl'yped Name Thomas D. Hamilton rte- Signature Responsible Official Ronald W 1-land Position/Title: Associate Planner Phone: (509) 477-7200 Address: West 1026 Broadway, Spokane, WA 99260 Comments regarding environmental concerns are welcome at the hearing Date Issued: March 10, 2000 Signature. APPEAL OF TnIS DETERMINATION, after it becomes final, may be made to the Spokane County Division of Current Planning, West 1026 Broadway, Spokane, WA 99260 The appeal deadline is the same as the above proposal appeal deadline, being ten (10) calendar days after the signing of the Decision. This appeal must be written and make specific tactual objections Contact the Division of Current Planning for assistance with the specifics of a SEPA appeal A copy of the MDNS was nailed to- 1 WA. State Department of Ecology SEPA Review, Olympia, 98504 2. Spokane County Division of Engineering, Scott Engelhard 3. Spokane County Division of Utilities, Jim Red 4 Spokane County Stornwater Utility, Brenda Sims 5 Spokane County Division of Building and Code Enforcement, Tom Davis 6 Spokane Regional I-lealth District, Steve 1-lolderby 7 Spokane County Air Pollution Control Authority 8 WA State Boundary Review Board, Susan Winchell 9 Spokane County Fire Protection District No 1 10 Spokane Regional "Transportation Council, Glenn Miles 11. Spokanc Transit Authority, Christine I'ueston 12 WA State Departnicn, offi'Ia:n5i:U~:aUC)ti, icg h~bt: 13 School district East Valley #361 14 Irvin water district #6 ItsTtt. NIDNs I(IN I WO / ~ ~ i ~ ~ 1~ { x u ~ , ,1 r} ^ n z ~ , , y~~ i t , ,x , ~ ii '1t"~ ~ ~ i t t ia~; k ' 31r ~,gW'~I it u~a~r - „ t ,llt 'ir,,'" Wit. ;..7 i„ 4 . 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HARR1t. ViCE-CHAP j •nnce 10 the Werth, p+acemcrd ct s:iZr:s. M. KATE MCCASUN I aofte d 1 5 "fe ~d 1030 Joel and of 30: ry • nsdlss throrKh sat NOTICE IS ALSO GIVEN That risl' rice said head will be held In the AT 0. S+D 6 48' td of $3'1318"E s thence VIC JiALTON IN AND FOR THE frost; Ver rf~r evoulth a cwitnl Crimmissioners H*Mring Room at CWu; .,r THE BOARD COUNTY OF SPOKANE taYx of '6' an arc defame the Spokane County Public Works "MIsr wq* Of 17 e Build the leeti oft 2.c to A °.6, , of 530-59 Avenue Spokane, WWashington, anC BY DANI£LA ERICKSON, DESPETY I IN RE THE WELFARE OF: ~ dL go scuth SSq-23.45-Wadis- that all interested persons are eee.s: CASE Ip.99-7.OUOI-4 rit" of s ~ 1 thence 42-12 keti thence hereby n~ to be them and there ~ M hot NO.6.5T'w a distance d 261,a6 present to appear and speak either STATE OF WASHINGTON TO ' 60.04 1 6dY7 s W; thence S89'23.4S"W a dis• is or against the fae~Init Rau- NI Paternal Ingests 810111A{+{ ~r Y 708 feet p du tine d 537.57 tell in the East tion. AND TD ALL UNK40WN d no Of way line Of Park ROW; R-WAN or l thence NO'6'57"W a distance of BY ORDER of the Bard of INTERESTS STS AND AN easerirsA ut(Rty 60.04 feet to the Point of County CornmiWariers of Spokane TO PATEWHOM IT RNAL I MAY CONCERN., 1. NOTICE OF HEARING ID25 C~~ the within said property. geglnning March. Op Cis 7th day of ,erwts 1.1 You are CNW notice that a - Narlt~ [ccaq,d N Section 19. Townshipp Reserving the d$ht~r unlit VICKY M. DALTON Peb1hori has teen POST, 5 North. Rav+@s 44 East. W.M. snarralis wont property- CLERK Of THE BOARD Sue S. Fbmwk tiT11d with this court on or about 2, 5 D Of THE BOARD DEPUTY the 14th d of October 1999 housc D* tx .tom d Canmtis located in Section 19 Towrrhip IFWNMIA AND SOLOMON. P.C. In which k almd tint the Coxii j7ra'a+rd 10 T slomrs as Jon to 2S North, RMIX 44 ~ast W•M 5P9082 A~ eys M Law aO nlamed child 1s UA UAW - Id, M WA the sale of Rase Haven P.O. Bo: 1117 he Boa - a part of Liar manow qtr emw Mno,le Home Park % *"led the POST: Spokane Countlr Caul- Coen d'Alem ID 83816 1.2 A Hear" will be hold on and date fe tealowiN conditions: 1) Rose Haven house. Date- Match 7. 200D (208) "7-3561 Da~ Monday' March 27, 2000 submit hit Uon 1. :a 4(51 de d Mobile mom Park will be sewered t20a) 667.3207 FAX M Tine: 9-00 am. abae nkq r .ra sr serve' d11e ~ within the neat two (2) years. and Any taxpayer. ~ Of ~ SPODE ENVIRONMENTAL IN THE DISTRICT COURT AT: JUVENILE JUSTICE CENTER, dew ~t r~ a,.ard 2) Rose Haven MOW* me Park soli may appear WEST 1208 MALLON d and daW set forth herein above and OF THE FIRST JUDICIAL pttans and *W remain as a mdbge hort+e park (VNAC 19771 970) DISTRICT OF THE AVENUE. SPOKANE WA 7th day d tor two (2) yes- concern ing the e disposal artttrnif* Section 11.10.230 l3) STATE OF IDAHO. 99201.2091 r k Won 1R coric11rriir+g disposal d if* Masted Determ+r-abon of IN AND FOR THE (509) 477-4742 BOARD OF Ice 'a ith, A.,oclated General i at 49East Trent POST: Spokane County Court- above described property. Nonsignrhrance (MONS) COUNTY OF KOOTENAI 1-3 The purpose of the hearing is to COMMISS ,ad A~s+e: Out A iiociated WRders house. Dane: Mach 7,2000 APPROVED BY THE BOARD this MmGATEO DETERMINATION Of hear an consk* a an tX)UNTY,' Inc, at 1404 N. NONSIGNIFICANCE '•MDNS•' Case No. SP 00 452 pebibn JOHN R_ F n "°d Counca al 102 Any Asp ryer, In person or by noun- 7th day d March. 2000, 1.4 The petition does boon a y TMx: ion Data( set, may appear at the time. Piece FILE NOkSI: IE•:~rFi-'9 NOTICE OF PARENTAL AKWTS Q ~ y the child is IKATE 1 r, L Boo Can >et sg 12C E ~Omery. and date set forth herein above and BOARD OF COUNTY DESCRIPTION OF PROPOSAL; TERMINATION NEARING 1O ant, may resvR in lj I SpoAare, WA. submit evidence andlor argument COMMISSIONERS Of SPOKANE Change of Conditions for a pMrrr _cNi to lationshi of the ATTEST: 1 y+ concerning the disposal d the COUNTY. WASHINGTON tirevicuslY 81)"ed lone change In the Matter of the Termination F»tent child fdatlonship. The Ail tHddtr will be re• above described property- JOHN R. ROSKELLEY. CHAIR iE-158 791 that had test, Ud of Parental Fir" of JONATHON CLERK OF 11. SUMMONS TOMAPPEAR Succe- gvired to rile a perfOfi11a^a bond m PHIWP D- HARRIS, VICE-CHAIR development to CondOminrum pur• CLARK, natural RAE-LYNN of M Y~ ppeemrrruir ONED TO BY: DtJ1l: in theUrban bom Tar March 23 1990. RMS. 2.1 You are St. APPEAR at the hearing al the i ate full amount d the contract price APPROVED BY THE BOARD this M. KATE hicCASUN poses those only ~Ibwedl ro which bond stag be Iwnlshed by s 7lfi day of March. 2000. ATTEST: VtCKY M. DAL TON Residential-22 (UR•22) tone. Were 2M place ird~ted. aE. I Surety Company acceptable to the PROPONENT: 70: JONATHON CLARK Bard of County Commissioners. BOARD OF COUNTY CLERK OP THE BOARD Foursquare Gospel Church Uo Torn 10. ADVICE OF RIGHTS 3.1 You have the right a Wk to a COMMISSIONERS Of SPOKANE Harnt ton, Pines Sewer DevNeti YOU ARE HEREBY NOTIFIED that >s The Board of County Commis COUNTY. WASHINGTON BY: DANtEUA ERICKSON. SPDEPUrf 808i meet. Inc . P.O. box 14686. a Pebbion Rif Termination d Pam* lawyer and will not have to PeY sooners reserves the right to reject JOHN R. ROSKELLEY, CHAIR Scakane. WA 99214-0586 Chid Relationship has been filed la one it you cannot a" it. e I any or all bids or part of a singte PHILLIP D. HARRIS. VICE-CHAIR Os6f90 OWNER'S DESIGNATED CONTACT: 3 2 A lawyer, can look at the Soda) airy before ttse District east of the Firm L EGA bit Ond to waive all infarmaGbf-- in M. KATE hir.C.ASLIN MISCHE LLE FULGHAM LUKINS S Judic.ai DiWkt of the Slate d Idaho, and LOW files I your a1• ~ 10 Yom caseworker. ANNIC, 747 W SPRAGUE AVE in and for the Canty of Koctenu, you yo We bddlrlg #j600, SPOKANE, WA 99201, M tgg+strate O+vis on, Case No. stied about ytwr low Qi+SS help anYd help you ATTEST: VICKY M. DALTON u By order d the Board of County CLERK OF F THE THE BOARD 509I455-9555 SP00452. wherein the petitioner is that Commissioners of Spokane County CALL FOR BIDS ADDRESS AND LOCATION OF V_-eking to kninlnale any and an Wash . this 7th day of Marc , BY: DANIELA ERICKSON. DEPUTY PROPOSAL- natural rVft of parenthood which THE HONORABLE NEAT 11 2000. SPS086 015011 of county Commission- Grnmall touted thong the W side may you may stove to a child knoart as WRIELLY. ITNESS JUDGE OF SAID JUVENILE t s orsheta of Spokmv qty' Washing", state A* N of Grace Ave. in the NE V4 of ~°u` NarCtt 2 RAE-LYNN In In Coeur d'Alene. bon COURT, AND THE SEAL OF SAID ft !1'.z VICKY M. DALTON , 19900d'Alene. Co RT HEREUNTO AFFIXED THIS -n CLERK OF THE BOARD Notice Is hereby given Ihat tt•.e S 9, T 25N, R 44 EWM Site Kootenai County, Idaho. Co DAY OF February. 2000. Board d County Commissio en of Address: 3001 N Pines Rd, FURTHER. YOU ARE HEREBY w;u Spokane WA NOTIFIED that a hearing unit be held BY DANIELA ERICKSON, DEPUTY SPo County LEAD AGENCY: SPOKANE COUNTY on Ape! 4, 2000, at 9:30 a m., in bias THOMAS R. FALLOUIST, s SPSO89 receive seated bids up to WAS Trw lead agcy lot this proposal has elat•.er before the above-named Court COUNTY CLERK aa.~et o'clock a.m.. an Tuesday, March teem,ined that R does not have a o d you have not made written By TANYA PAUPST, Deputy Clerk 21st 2000 at the OfSka of its [,mbsbte ;tt~nt adverse Ire I ppearar>ce in this matter or do rid ass~vs1 Board d County Commissioners. rn the environment I( mittgattd ss W;twr appear in person at said F STANCE OR QUESTIONS IN THE SUPERIOR COURT BEFORE THE BOARD OF 1116 W. Broadway Avenue. Canty pulated below. An Environrrental ~ann your parental rt6his to REGARDING A LEGAL ADVERTISE- OF THE STATE OF WASHINGTON COUNTY COMMISSIONERS Courthouse, lit F;o-. Spokane. I npactStotement(EiS16 requ!red WST& RAE-LYNN ADAMS will be MENT. PLEASE CALL (509) IN AND FOR THE OF SPOKANE COUNTY, WA 992600100. Bid Opening-Id under RCW 43.21C.030i t c). This I twurinated without further notice and 595I2 2 OR TOLL FREE IR COUNTY OF THURSTON WASHINGTON be hW 11:00 o'clock a.m. in the e,-Aon was made after review of a ft re!Kfmidkndgiriertt < rat you as 45WO-338 8801 9-5121 Est. T5121. OO We.kGan Cortvnlssroruns Hearing Room at cirnpieted environmental chlcMJis2 }ed V in said Pebl:on will be ;ec to NO. 95.2.410603.2 NOTICE Of PUHUC HEARING the Spokane Coup Public Vkofks and other information on file with the rM ~x said petitlr•ier. LEGALS Building, 102b W. Broadway Ave lead agormy. This Information is mail- F,.R+HER, YOU ARE HEREBY nub, Spokane. yrashinypon, after a able to the public on request- An NOTIFIED that, pursuant to who SUMMARY NOTICE OF IN THE MATTER OF IW Call fort bids. an bids will be 1,10'1S is issued under W AC Code Section 16-1513. you may regm (509) 459-5121 PENDENCY OF CLASS ACTION, DECLAR+NG SURPLUS OF opened and publicly f6W abut rcr 197.11.340 (2): the lead agency will p,terrtity claim with me state T PROPOSED SETTLEMENT AND CERTAIN COUNTY OWNED nt rwl act on tlm propose for at least 15 MONDAY THRU FRIDAY HEARING THEREON PROPERTY PORTION Of ROSE the impracme proles days from the date issued (below). Street, Base, ID 7:45 A.M. to 4.45 P.M I,, :92 HAVEN MOBILE HOME PARK U'riments regatdingthis MDNS must ALLIENMORE PHARMACY, INC.. ALL OF ASSESSOR'S COUNTY ROAD PROJECT NO. be submitted no later than 4;00 p m•. FURTHER. YOU ARE HEREBY ! at at., PARCEL NO. 45192.9601 AND 2826'S - work lxw►des tot the March 27 If they are irteroaf.-d to alter T,FIEO that you have the Vngo to COPY RECEIPT DEADLINE: V. PlaMtlsfs. PORTION OF ASSES50R S production and stakpHtng of the MDNS an attorney. It you request an artortsey NOON DAY PRIOR TO PUBLICATION ! VS. PARCEL NO. 45192.9142 i crushed agwegates at Old Como Plt ).LITIGATING MEASURES: 011 if you are bnanelatly unable to (Same Laception s N Apply,' 6 DEPARTMENT OF SOCIAL AND 45192 9147 COUNTY ROAD No. 63.05 located M Section 5, na app tan rp oindee a Mpay an alt ruby, the court win HEALTH SERVICES Of THE PROJECT NO 2396 Township 26 NoM. R&W 43 co:tribubon d 56.600 tower a STATE OF WASHINGTON, E.W.M. and tuber work Involving tuture s:,Tnal at the Pines Road and an attort" r, 06y "rid" FAX LINE: (509) 459-5156 ' Code Section Defendant. NOTICE IS HEREBY GIVEN by the following approximate Euclid Avenue Intersection pros 13e5e' quanfitw&- vicied work on fhi5 sigrsal tom- 04TED this 23rd day of February. 3 REASONS the Board of county Commit to the mences within five yen from the 2Qpp n TO . ALL PERSONS AND RSEI• of Spokane Camtypursuant to the of the requested change of jr ded • l t Contracts a' r TIES WHO WERE REIMBURSED provisions of RCW 36.3.4.040. that Mo~ Qua Control ,1 LS.: pnd+GOns. Acceptable surely 1n RJIMMIA AND SOLOMON, P.C. lity + FOR PRESCRIPTIONS TO MEDI• s public heanrtgwill beheld at5:00 P1Ow ntee this p eM TO USE shall also for PetJtloncr Cnrtied ugfocing Top Course in , COR PATIENTS PURSUANT TS o'cbrtef ,aaesc+onaspossiNe ~ ~ loi wwsh minyy,I~ fy ~~H a 931 THE CLASSIFIEDS S~ CORE PROVIDER AGREEMENTS therraftet on the 21st d Stockpile - 20,000 Tons. StaLr Department of TranspoAatIcv+ f 7 ushed surfacinfl Base Course If, +.or to " m*ase of a ¢e^"r 178,000 WRH THE DEPARTMENT OF March, ~OOA, in tau 5 ere G aals)s SOCIAL AND HEALTH SERVICES County LYirmttssionNs Hearing Stockpile 30,000 Tons; permit for this site. FOR SERVICES RENDERED Room, located in the lower, loud of Stocky 0 000 to L4 Terns In. RESPONSIBLE OFFICIAL People READ PRIOR TO JUNE 9, 1994. the Public Waft Bui)t5ng, 1026 Stockpile 10; Pori Hand, Associate Planner, West gradway Avenue. Spokane. Crushed Waste Asphalt in Spokane Co. Division of Planrng The Classifieds PLEASE READ THIS NOTICE Washington, 99260. Stockpile - 10,000 Tons. Crediv W 1026 BroadwasyySo,~k~, Z Spokane County CAREFULLY, AS YOUR RIGHTS oeCw-Minot Changes - Cate. 99260; 5()9,'477.3675 People SHOP DS Continents regudinit[ env+mrmert-il MAY BE AFFECTED BY THE The purpose for h the rpublic d of d hearing County The protect provisions requwe, and rorcems are weltortta at the hea,,ng LEGAL PROCEEDINGS IN THIS Adults The Classifieds TIG E A will be tot the Bard County Spokane County will ,f}-imutivriy DATE ISSIJED March 10 7000 ,a LITIGATION. If YOU ARE A Commissioners to consider publk Insure that an wokable Federal APPEAL OF THIS DETER61NATION, Look at CIa$$rfled Ads The Classifieds i MEMBER OF THE CLASS DE• testimony and take action on er it becomes final, may be made SCRIBED ABOVE. YOU MAY BE whether wtakn Canty and State requirements concerning a arr Spokane County be made I p~0am gal empioymiert OPPorarnities, in the Weekda Get Results. Dirvislicn. of MENTSED TO RECEIVE PAY- should be declared surplus am non~,~mia~ OW minimum P1er,nmg, W 1026 Broadway, y POSED PURSUANT TD THE PRO, HE disposed of, as provided by law. war tales will be upheld. and that Spokane. 'OVA 99260• The appal Spokesman-Review Call Today , POSED SETTLEMENT Of THE deadttne is the same as the above txJUtAS AGAINST THE DEFEND Thepmpertywhichisfts Dtactd minority aft.,de tilt opportunity dish orCaletis Will r„n,,~,, a i deadline, t~e,r,g to in a 30-day period. 456-7355 ANT. DEPARTMENT OF SOCIAL the public hearing is par5euleny be atTorndar days after the signing cl AND HEALTH SERVICES mit Mich on !firs protect and flat no tRe Decision. The appeal mush to described as hollows bidder wi'l be discriminated again; written and matali spetIf+c !att::at the bases of mace. cow Of objections- Contact the Division uL -BIDS REQUESTED FOR You t1 notified t es a all hearing The following described real national on® n, in cornideration for Planrrinfor eKislance with !re SUB tC»e -selkmene Fairness Heating • estate is situated in the County of award of this gi contract. st e = a SE a; pea ~lAS 12 T.I wlY be held belcre the Hcn. Gary R. Spokane, State of Washington: SF.;;:i9s REGAL CI~1Ei Tabu, On May 26- 2000, 7. at stun 4`Ji3S NORTHTO~i1V MALL t In DeOartmM 7, Thurston PROPERTY KNOWN AS Each tad shag in band 3 REASONS ,A CNnth C""u"tlwuse. Olympia, "ROSE HAVEN MOBILE wother contrad ith plans. specifications. docents n and BID DATE: MARCH 13, 2000, Mhalrinrlas, to determine whether HOME PARK" ftkwnttitheCouglieer 10 6 TO USE W arov should be entered (q finally West Broadwa Avenue. Sp°t•ane. 1.00 P.M. (PST) Its OrOOOrad Sl l million That part of Gopvernment Lot 1 in i THE CLASSIFIEDS --V3 merit Fund-) , Township 25 Norm. Washin „fie copies may be rlk K Range Section 44 19EaisA, W.M.. In Silo- 31obta 5~00 ~ n People READ S.4BESC' CONSTRUCTION Ctrs river sakln (-Nartiad Painti"s7 Mane Coutrr State of Washing- 'I~"e d tort. described as rollows: The Classifieds ftr arM IiaolOsS~StiOe of watt. Each bid shall be accompanied by a Suite 400 Our Won 4'%-Dape rner't-)• (ii) Cie- pelltnningat , pant 50 feet East I Bid Bond, cerotled Check at Cash- People SHOP 101 Elliott Seattle Ave. e98 W981194220 r+~►rt P' lout chat I s, thtcr as et South of the lei s Check payable to this Treasurer ram am ~ s claims, 0.r and 1043.43 fed Northwest Canner of saw Section of Spokane Couna in the amanrt of The Classifieds wale 'r*"wtA"r 9, ,out tLeterr, fire ow.) perterit of use total 206-281-4200 Fax: 206-281-0920 erg 19, thence N89.23-45"E a lad►4~n rcr admtriistrstion of fete distance of 380 het. thence amount of the bids. to be forfeited lO y! nd [f The Classifieds ~►rtra~~ county ft sua ' essf+,1 We are an equal oPPOrtulaity employer and 6'57"W a distance of 24 48 try I oart of of 0* ~ in lee NC r thence east along tie SPb d1idderfe in caw ha u to dtlts into Get Results. ju itradonsrnarto. ber*ftm a contract and 140 an wcePlabie request sub-bids from minority and women i II run , Scum One of the south W9 cf Call Today business enterprises. frig Surety Bond to fip the condition Of Second Avenue CRP 1956. as cl?S5 i more rep of ; shown on the a'bcisl said contract. within five 15) days of o,Ka rlr~ w►i~e bau the Stu* night of w ay , 456-735-0 Itso- a Fwd- Wan in try clfKe of the Spokane the date c• award. plans and 1 : 6"m r wee p~boI fdA r11t msoeAld tr.e kA Cour, ty rim to :a ssi- pdrhs d Hir Setria irtratlwls hft at 111 W E a5t a+ wa~s~ An intormatiortai •opy of rne'+t tip ►feJinr~ it,e•eon 41 I spec win be an file In the Y~ I line of section I9, tteree office of tr-e Assaia•.ed Gen," Sell Your Service for as little as $ 3FNiy-at*rutabzratstnl NO6'S7'W,;fi:a*r_ J f:i.'2 I rcnrr*tri al a.3_ E- Trent Ave tai I!~. rkr^ta r, . +h trt and r RECEIVED SPOKANf--- COUNTY OCT 1 y 1999 DNISION OF BUILDING AND PINNNINCi BY: ]ENV l[lE~c0~1~I~~1[IEI~I['A\]L CHIECKILI[SIF SPOKANE ENVIRONMENTAL ORDINANCE SECTION 11.10.230[1] SEPA ENVIRONMENTAL CHECKLIST WAC 197-11-960 Spokane Environmental Ordinance Section 11.10.230(1) PURPOSE OF CHECKLIST The State Environmental Policy Act (SEPA), chapter 43 21C RCDX1, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impact from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts or your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans widiout the need to hire experts If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about govemmentai regulations, such as zoning, shoreline, and landmark designations Answer these question if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land Attach any additional information that will help describe your proposal or its environmental effects The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact USE OF CHECKLIST FOR NON-PROJECT PROPOSALS: Complete this checklist for non-project proposals, even though questions may be answered "does not apply " IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS (part D) For non-project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively A- BACKGROUND FILE/PROJECTNO Qq - ei'mod Spokane Environmental Ordinance Checklist Page 2 of 21 1. Name of proposed project, if applicable: 2. Name of applicant: 3 Address and phone number of applicant and contact person. -ZE-f 4. Date checklist prepared 5. Agency requesting checklist- 6. Proposed timing or schedule (including phasing, if applicable)- C' c N O t7 _1~-~ t-I US iz-6 a Z sac t r] Q, v A_ BACKGROUND (conanucd) 7 a. Do you have any plan; for future additions, expansion, or further activity related to or connected with this proposal? If ycs, explain Spokane Environmental Ordmiice Chcddm3t Page 3 of 21 { t /~L4&1 7o- A50 b Do you own or have options on land nearby or adjacent to this proposal? If yes, explain A~/o 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal Gyp a ~c 1 ~~~r~•c`~ ~ ~ ~ ~ ~ Q,~ 9 Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. /1,10 10 List any government approvals or perrnit:s that will be needed for your proposal, if known < 5/-'0 A G4-,C1 I a 2 AJ Z:)~ &2 4z 19R7W( Spokane Environmental Ordinance Checklist Pagc 4 of 21 A_ BACKGROUND (continued): 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal You do not need to repeat those answers on this page. • AOL vTVi?9 .t/S-M(,)G o - 14 12 Location of the proposal Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the sae(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit application related to this checklist. :~2& o D ~v i N S 13 Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The General Sewer Service Area? The Priority Sewer Seerice Areas The City of Spokane? (See. Spokane County's ASA Overlay zone Atlas for boundaries) v G r ~ ~ ~ ~ ccl' l Evaluation For Agency Use Only TO BE COMPLETED BY APPLICANT B. ENVIRONMENTAL ELEMENTS* L EARTH a. General description of the site (circle one): fla fellhiily, step slopes, mountainous, other. ~L~~ ~d~~ t~ ~lX"~".~~~ /~~V► ~yJ z'!.~ b What is the steepest slope on the site (approximate percent slope)? lJ - ~'y v c What general types of sods are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prune farrriland. e*22lYo,) 66A412(z~ d Are there surface uldtcanons or history of unstable soils in the Lmmedtate vicinity? If so, describe /J U e. Describe the purpose, type and approximate quantities of any filling or grading propo d Indicate source o fill. ~ e 41k) 7-9 o r - Gi f. Could erosion occur as a result of clearing, construction, or use? If so, generally descri O r < ~ A /LEA-~L 6G ~G AJ~ 2A~A)- B. ENVIRONMENTAL ELEMENTS (Continued): Spokane Environmental Ordinance Chec-U-st Page 6 of 21 Evaluation For Agency Use Only g. About what percent of the site will be covered with impervious surfaces after project construction (Eor exam le asphalt or build ~o ~ c,1 AJ ~ 2 i S h. Pro osed meal to reduce or control ero to , or other imp4cts to the ea , if p 2. AIR a. What type of emissions to the air would result from the proposal ( e, dust, automobile, odors) industrial, wood smoke} during construction and when the project is completed? If any, generally describe and ve approximate uantlties, if known. 7-- IL I A, b Are there ar_y off-site sources of emissions or odor that may affect your proposal? If so, generally des be C. Proposed measures to redu or control emissions or other irn acts to air, if any: Spokane Environmental Ordinance CheckLst Page 7 of 21 Evaluation For Agency Use Only ENVIRONMENTAL ELEMEN'rs (continued): 3. WATER a Surface- 1) Is there arty surface water body on cr in the munediate vtcmtty of the site (includmg year-round and seasonal streams, saltwater, lakes, ponds, wed-ands)? If yes, describe type and provide names. lfappr prsatc, state what stream or aver it flouts into 2) ltll d-Le project require any work over, in, or adjacent to (wirhin 200 feet) the described waters? If yes, please descnbe and attach available plans 3) F-san ate the amount of fill and dredge material that would he placed in cc removed from surface water or wetlands and indicate the area of the site that would be alfected. Indicate the source of fill mate rz 4) Will the proposal require Surface water withdrawals ar diversions? Give a general descnprion, purpose, and appra~cluantibes if known 5) Does the proposal Sze N,, rid- n a 100-year floodplain? If so, note location on the site plan, Spokane Enviror»ental Orduianre Chcckll5t 'age 8 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Conrinued): G) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and an c volume of discharge. b. Ground 1) Wdl groundwater be withdrawn, or will water be discharged to ground water? Give general description, purposeoapproximate quantities if known. 2) Describe waste material that will be discharged into the ground from septic tanks or other sar.itary waste treatment facility. Describe the general size of the system, the number of houses to be served (f applicable), or the number of persons the system(s) ar e~ect~~ serve 3) Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (including systems such as those for the disposal of storm water or drainage from floor drains). Describe the type of system, the amount of material to be disposed of through the system and the types of matenals likely to be disposed of (including materials which may enter the system inadvertently through spills or as a result of fire fighting activities). Spokane Environmental Ordinance Checklist Page 9 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL. ELEMENTS (Continued): 4) Will any chemicals (especially organic solvents or petroleum fuels) be stored in above- ground or underground storage tanks? If so, what types and quantities of materials will be stored? ko 5) What protective measures will be taken to ensure that leaks or spills of any chemicals stored or used on site will not be allowed to percolate to groundwater (this includes measures to keep chemicals out of dis o systems described to 3b(2) and 3b(3)? c 'Hater Runoff Including storm water) 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quanuties, if known). Where will this water flow? Will this war r flow into other waters? If so, describe '~.'7 < 0 ff.~, 54, 0,J 2) Will any chen-ucals be stored, handled or used on the site in a location where a spill or leak will drain to surface or groundwater or to a storm water disposal system discharging to surface or groundwater? A) 4) 3) Could waste materials enter ground or surface waters? If so, generally describe. Spokane Environmental Ordinance Checklist Page 10 of 21 t- Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): d Proposed measures to reduce or control surface, ground, and runoff water impacts, if any (if die proposed action lies within the Aquifer Senstive Area be especially clear on explanations relating to facilities concerning Sections 3b(4), 3b(5), and 3c(2) of this checklist). 4. PLANTS a. Check or circle types of vegetation found on the site deciduous tree alder, maple, aspen, other evergreen tree- fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants- cattail, buttercup, bullrush, skunk cabbage, other water plants- water ldy, eelgrass, milfod, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? C. List threatened or endangered species known to be on or near the site. A) oAJ~f' d. Proposed landscaping, use of native plants, or other measures to preservor enhance vegetation on the site, if any A-) 6 0 A -r r 15 r, Spokane Environmental Ordinance Checkbst Page 11 of 21 \ Evaluation For , Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site birds- hawk, heron, eagle, songbirds, other. r mammals: deer, bear, elk, beaver, other: fish- bass, salmon, trout, herring, shellfish, other b List any threatened or endan reds ecies known to be on or near the site c Is the site part of a migration route? If so, explain d. Proposed measures to preserve or enhance wildlife, if any ,kJ O AJ"L 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. ~J 4 b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally descnbe. A~ Spokane Envtronnient?l Ordinance Checklist Page 12 of 21 t Evaluation For Agency Use Only B. ENVIRONMEWAL ELEMENTS (Continued): C. What kinds of energy conservation features are inc4uded in the plans of this proposal? List other proposed measures to reduc or control energy impacts, if any. 7, R1,MRONMENTAL HEAJL.TH a_ Are there any environmental health hazards, rncludmg exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, descube 6 1) Describe special emergency services that might be required fL) Ox-)-L, 2) Proposed measures to reduce or control environmental health hazards, if any F A- b Norse 1) What types of noise exist Ln the area which mays affect your project (For example- traffic, equipment, operation, ❑ther) 2) What types and levels of noise would be created by or associated with the project on a short-terra or a long-rem basis (for example: traffic, construction, operation, other)? Indicate what hour noise wog ome from the site. 9A-b'Q6 I Wt'C4/-'- EM&I-) Spokane Environmcntal Ordinance Check-list Page 13 of 21 . ( f Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): 3) Proposed measure to reduce or control noise impacts, if any or1J li s. LAND AND SHORELINE USE a.. What is the currer~t use of the site and adjacent properties? S T - A-G ~O R'T4- rCQ. ) - 'L.-eA s o oT4 vi (&r (S' ;2ls tvv~ b. Has the site been used for agricWtu e? If , describe. ly o-1- V;2~ 1) t3, C. D scnbe an structures on 1},e sit -ru v- d Will any structures be demolished? If so, which? ~O e Wlhat is the current zoning classification of the site? LA Z - :;b Spokane Environmental Ordinance l_heckbst Page 14 of 21 Evaluation For 1 Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): f. What is the current Comprehensive Plan designation of the site? ~'L1~t1 N horeline master program designation of the site? g. If applicable, what is the curren46C ~ h Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. , 1 i. Approximately how many peo le would reside or work in the completed project? ~ n j. Approximately how many uple pl ~ Jw, would the completed project displace? k Proposed measures to avoid oc duce displacement impacts, if any- hi [ A- 1 Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. Spokane Environmental Ordinance Checklist Page 15 of 21 r Evaluation For r Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): 9. HOUSING a Approximately how many units would be provided, if any? Indicate whether high, middle, or low-Income housing ~j /A b. Approximately how many units, if any, would be eliminated? Indicate whether high, rruddle, or low-income housing h, C. Proposed measures to reduce or control housing impacts, if any: A,- 10. AESTHETICS a What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material (s) proposed? b. What views in the immediate vicinity would be altered or obstructed? 01 A- c Proposed measures to reduce or control aesthetic impacts, if any- B. ENVIRONMENTAL ELEMENTS (Continued): Spokane Environmental Ordinance Checklist Page 16 of 21 Evaluation For Agency Use Only M LIGHT AN) Gr-&Rr, A. That type of light or glare will the proposal produce? That 6me of day would it ma,_tnly occvO 1 ~ a-'Y~ b Could light or gyre from the fire shed protect be a safety hazard or interfere with views? Cc What existing off-sste sources of light or glare =y affect your proposal? d Proposed measures to reduce or control light and grare irnpacts, if any 12. RECREATION a. What designated and infom-ial recreatio al 0pportunltLes are i!l the i =edlate vicinity? b Would the proposed protect displace any existing recreational uses? If so, describe. Spokane Envtronment,i C)rdin :Lnct: aeck[,st rage 17 of 21 Evaluatton. For Agency Use Only ENVIRONMENTAL ELEMEN'T'S (Continued). C Proposed measures to reduce or contxol impacts on recreation, including recreation opportunities to be provided by the Project or applicant, if any= 13. HISTORIC AND CULTURALPRESERVA'I` ON a Are there any places ❑r objects listed on, or proposed for, national, state, or local preservation registers, known to be on or next to the site? If so, generally describe b Generally describe any landmarks or evidence of hustoric, archaeological, scientific or cultural importance known to be on or next to the site. C. Proposed measures to reduce or control Lmpacts, if any. 14. TRANsPORTA-rION a. Identify public streets and highways serving the site and describe proposed access to the existing strect system Show on site plans, if any. r L c o r-c + r~ b. Is site currently served by public transit? If not, what is the approx.uriate distance to the nearest tramit stopP Spokane Environmental Ordtn.uice uheckljst page 18 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): c How many parking spaces would a completed project have? How many would the project eliminate? d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). 06AJ e. Will the project use (or occur in the immediate vicinity oo water, rail, or air transportation? If so, generally desc e. f. How many vehicular trips per day would be generated by the completed project.? If known, indicate when peak volumes would occur. 0 at Z/ g Proposed measures to reduce or control transportation impacts, if any: Ot F 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: f proteca n, Vhc protecdo health ca ,q) schools), other)? If so, generally describe Spokane Environmental Orchnance Checklist Page 19 of 21 Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): b Proposed measures to reduce or control direct impacts on public services, if any. 16. UTILITIES a. Circle utd e e at the sit electrici atural water, fuse service telephon sanitary sew , septic system, o er b. Describe the utilities that are proposed for the project, the utility providing the service, and die general construction activities on the site or i the immediate vicinity which might be needed C. SIGNATURE I, the undersigned, swear under the penalty of perjury that the above responses are made truthfully and to the best of my knowledge. I also understand that, should there be any willful misrepresentation or willful lack of full disclosure on my part, the age, n~ may w draw any detemunann of non-significance that it might issue in reliance upon this checklist. Date: /0 Proponent: k' Proponent: ' / c (Please type or print) C ( ignature) -IQ J Address: `t' G G(J City, State, Zip 440~-A.)f Phone: '7' 7 ' l d Person completing the form Date Phone: r FOR STAFF USE ONLY Staff Member(s) Reviewing Checklist.. L Based on this staff review of the environmental checklist and other pertinent information, the staff A. X_ Concludes that there are no probable significant adverse impacts and recommends a determination of nonsignificance (DNS). B. Concludes that probable significant adverse environmental impacts do exist for the current proposal and recommends a rru6gated detemwmation of nonsignifieance with conditions (MOB'S). C Concludes that there are probable significant adverse environmental impacts and recommends a determination of significance (DS) REFER TO FEE SCHEDULE FOR FILING FEE Spokane Environmental Ordinuice Checklist Page 21 of 21 LUKINS & ANNIS, P.S. ATTORNEYS AT LAW 1600 WASHINGTON TRUST FINANCIAL CENTER • 717 W SPRAGUE AVE • SPOKANE, WA 99201-0466 PHONE (509) 455-9555 • FAX (509) 747-2323 James S. Black November 17, 1999 F _n i Mr. James Manson Director of Building and Planning Spokane County Public Works 1026 ``Jest Broadway Avenue Spokane, Washington 99260-0050 Re: Request for Interpretation Dear Mr. Manson: The undersigned represents Mr. Thomas Hamilton. Mr. Hamilton owns approximately 8.03 acres of real property located on the West side of Pines Road, approximately 1,300 feet South of Trent Avenue (the "Property") On November 20, 1979, the Property (for your reference under File No ZE-158-79) was given a conditional use permit for the purpose of condominium development, with the provisions that (a) if for any reason condominiums could not be constructed, the zoning of the Property would be reverted to the agricultural zone, and (b) that the owner of the Property record a statement in the Spokane County Auditor's Office prior to a change in the zoning map to the effect that the Property automatically reverts to the pre-existing agricultural zone classification if the Property is sold by Mary F. Calistro to another party prior to full development, all pursuant to the Application. A copy of the 1979 proceedings are attached for your reference. By letter dated March 24, 1980 (a copy of which is attached), Mary F. Calistro requested that the zoning remain --muiti-famiiv conduminiuni-a". On Nia) 15, 1900, the Hearing Exa7:i~>er Committee entered its order declaring "the Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Mary F. Calistro for a change of conditions as described in the application should be approved" (emphasis added). Mr. Hamilton has sold his property for the construction of a church. A church is an approved use in a multi-family zone. a UR 22 zone, and every other conceivable zone that would be applied to the Propert). Our position is that the zoning currently is multi-family, with a conditional use for condominiums This is what Ms. Calistro requested. My client is eery desirous of initiating the process of putting footings on the Property before the winter frost sets in. The church had planned to be opened by Easter, a time frame not to be met SPOKANE - CoEur, d'ALENE • Mosr_s LAKE- / . November 16, 1999 Page 2 if a formal application for a change of condition needs to be processed. We respectfully request that this zoning interpretation be given by your Department as soon as possible so that our project may go forward. Very truly yours, J S S. BLACK JSB:bao Enclosures Copy: Mr. Thomas Hamilton Mr. Rob Binger, Civil Division, Prosecuting Attorney's Office Mr. Jeff Forry, Div. Of Building and Planning Mr. John Roskelley, County Commissioner LBA0371-JSB DOC BUR OINI. AND PLANNING A DIVISION OF THE PUBLIC WORM DEPARTMENT Janiets L Manson, C B O_, Chrector Gary Ober& Director November 18, 1999 Jaynes S Black L ik-i is & nnis, P.5 1600 Washmgton Trust Fniancial Center 717 West Sprague Avenue Spokane A 99201-0466 RE. 3001 North Pines Dear iMr Black- After our mE!et:.:-i g Avith Rob Binger of the Prosecuting Attorney's Office -md upon receipt of your request for interpretation f reviewed the zone change file with Mr- Manson and once agarn with r Singer. Although a church is a permitted use in the Urban Residential - 22 zone and the original Multi-family Suburban zone, we feel the restrictive conditions (ZE-158A-29) would preclude any use other than an 80 unit condoriiniu rn as specified in the fmd{ngs and order Please note that this determmatton is made pursuant to section 14.504 040 of the Spokane County Zoning Code The zoning code provides that are Administrative Decision made pursulant to this section. is appealable within 14 da\ s a delineated m section 14 412 041 Sho«ld ycu ha,, e anN further question please feel free to contact me at477-3675 Sincerely, L C, ~ (ra & jeffle)r E ! orry Sen tor 13ukldIngTech nician EF/ lsc C hill \i,inson DL,-,:tor S. PO \U'.'k X1 C 1C)N 99260-0050 j-%\ 'l~ari31 977-174ti FJI) (509) ;7, -7111 File No. ZE-1 58-79 SPOKANE COUNTY HEIR I NG EXAMINER COMMITTEE 1 FINDINGS AND ORDER A. INTRODUCTION This matter haVi ng come before the Hearing Examiner Conrni tree or T~Nxxdayx , May 8 1980, and the members of the Committee present being Ted McCour Acting Chairman, Kenneth Kennedy and Eldon Thomas 8. PROPOSAL The sponsor, Mar F Gal istro is requesting approval of a change of car~clit7ar7sl ~t cx : l~ File No. ZE--158-79 to amend Condition No. 1 to be reworded to read, Approval is granted for tine so e purpose o core omin7um deveIaprient.and del etc ¢s presented by the sponsor, Mr. 3hoctren". Also to delete 'Conditions 2 and 3 of tree original approval. C. FINDINGS OF FACT 1. That the ex ~ s t i ng land use in the area 1--s -Elementary.. School residential cultivated and undeveloped. That the Comprehensive Plan designates this area as appr-priate for residential development. 3. That the existing zoning of the property described in the application is Ag l 'cultural until such time as level o meat is completed in Compliance with the con lorrs o e oriinr-approva tached to the aopl ication. 4. That the pr-ov i s i ons of RCW 43.21C (The State Environmental Policy Act) have been complied with. 5. That the proper- legal requirements for advertisement of the Agenda item have been fulfilled 6. That Erie land in this area is su i tab] e/UMMt,0U for the proposed use, or uses u)thin the proposed Zone Classification. 7, at she apol scant has as not deffronstrat.ed tha ondit)ons ha ;~rbS Jai 1~~,',. ~:hin(led swce tic iclinal zorl7l3y of this '-ea and accor ly, Lhe pr-oposeI rezone ~ is not lush fie r r i l e Ho a. That the proposed use is compatible/kxN~ jj~~a with existing uses in the area. 9. That the owners of adjacent lands expressed Hof the proposed use. I a. The Hearing Fxam ner" Committee f, ndsfidDr-( x tx-9 c%d the proposed use to be in harmony with the general purpose and will not be otherwise detrimental to the public health, safety, and welfare. l . The following are additional findings alf fact considered by the Hearing Examiner Committee- W.- All other: condition emai~ in f~l~ for~4e and ~ffe~#~~_ ,T CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL (List here all conditions noted in Staff Analysis) E. ORDER The Hearing Lxarm-ner, Committee, pursuant to the aforementioned, finds that the app] ication of Mary F- Calistro ;or a change o cored,:ions ~ xrx c cc ~Ctc# ~ as described in the application should be a~:joti ed~~~Y ' File No. ZE-158-79 Motion by: Thomas Seconded by: Kenned Vote: Approved 3 - 0 HEARING EXAMINER COMMITTEE Z Chairman ATTEST: JAHES L. HANSON Actin ,j Planning Director 3 . r gin c 03 G ° u- . )RA - c' tom[.-C-t~L~-~-s.~ Q.~+.c•-G~- ~ ~ a' ~c ~ , ~'G`z'Cii. cu~~ Laa-,, ='1 J ::-Ile No. ZE-158-79 SPOKANE COUNTY HEARING EXAMINER COMMITTEE 1 f FINDINGS AND ORDER A. INTRODUCTION This matter having come before the Examiner Committee on November 20, 1979" (being a continuance of the November 15, 1979 hearing) and the members of the Committee present being Eldon Thomas, Chairman, Jane Myers, and Ted McCoury and there being the following persons present who wish to request approval of a Zone Change; Dennis Shogren for a Zone Reclassifcation, Agricultural to Multiple Family Suburban for the purpose of condominiums. B. FINDINGS OF FACT 1. That the existing land use in the area is residential, school and undevelop- ed. 2. That the Comprehensive Plan designates this area as appropriate for residential development. 3. That the existing zoning of the property described in the application is Agricultural. 4. That the provisions of Chapter 43.21C RCW (The State Environmental Policy Act) have been complied with. 5. That the proper legal requirements for advertisement of the Agenda Item have been fulfilled. 6. That this proposal is not in conflict with the provisions of adopted regula- tion. 7. That the land in this area is suitable for the proposed condominium use. 8. That the proposed condominium use is compatible with existing uses in the area. 1 4ile No, ZE-158-79 9. That the owners of adjacent lance expressed both approval and disapproval of the proposed land use. 10. The Hearing Examiner Committee does not find the proposed use to be in harmony with the general purpose and w~l! be otherwise detrimental to the public health, safety, and welfare. 11. The following are additional findings of fact considered by the Hearing Examiner Committee: a) That the multi-family land use is being requested because the proposed use is condaminiums which are only allowable within the Two-Family Residential zone (two condominiums) and/or Multi-family (more than two condominiums). C. ORDER The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of Dennis Shogren for a Zone Reclassification as described in the application should be approved Special conditions or contingencies applied to ,notion 1. Approval is granted for the sole purpose of condominium development as presented b the sponsor, Mr. Shogren. 2. If for any reason this project cannot be constructed, the zoning of the property shall be reverted to the Agricultural zone. 3. That the sponsor in conjunction with the owner of the property record in the Spokane County Auditor`s Office prior to a change in the zoning snap by staff, a statement to run with the property which is the subject of the zone change application that the zone change is invalid, and the property shall automatically revert to the pre-existing Agricultural zone classification if the property is saki b Mary F Calistro to another party prior to full development pursuant to the application 2 ile No. ZE-158--79 a) COUNTY EIRE MARSHAL 1. The site is located in l=ire District ##1. 2. Mains and hydrants need to be installed in the above areas, Access plans for firefighting equipment around the byiiding shall be approved prior to building permit issuance. 3 Adequate water for fire protection and distribution of water is required for the following zone changes. A water plan is required to be submitted prior to any development or use of subject lands. b) COUNTY ENGINEER 1. Access permits shall be obtained frarn the Spokane County Engineer's Office prior to issuance of building permits. 2 An appropriate ❑n-site drainage disposal system shall be approved by the Spokane County Engineer's Office prier to the issuance of building permits for the project. 3. The design, location and arrangement of parking stalls shall, be in accordance with standard traffic engineering practices. Any port-Ion of the project which is to be occupied or traveled by autornobiies shall be maintained in hard surface paging c) WATER PURVEYOR 1. Purveyor is Irwin Water district 6 and will supply the site with adequate water for domestic fire and irrigation uses. d) COUNT`' HEALTH DISTRICT `l No comments received, e) SEPA 1. That the provisions of SEPA's Notice of Action pursuant to 43.21C.080 Rk.-W be initiated by the applicant within thirty (30) days of final action c. the Responsible Administrative Body and be completed before and _-,-a improvements are made 3 f :ile No. ZE-158-79 2. The request has proven to be environmentally non-significant. Therefore, a final declaration of non-significance shall be signed by the Chairman of the Hearing Examiner Committee. f) ZONING 1. Approval by the Zoning Administrator of a specific lighting and signing plan for the described property prior to the release of any building permits. 2. A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane County Zoning Administrator shall be submitted with a performance bond for the project prior to release of building permits. 3. The applicant shall develop subject property generally in accordance. within the concept presented- to the Hearing Examiner Committee. Minor variations when approved by the Zoning Administrator will be permitted, including, but not limited to the following changes: Building location, landscape plans, and general allowable uses of the permitted zone. All variations must conform to regulations set forth in the Spokane County Zoning Ordinance. The original intent of the development plans shall be maintained. g) That the Hearing Examiner Committee after hearing all testimony and a review of the staff analysis adopts the proposed declaration of non-signifi- cance and directs the chairman of the committee to sign the final declaration of non-significance. 4 ' f ^ile No. ZE-158-79 Motion by: Myers Seconded by: McCoury Vote: Unanimous HEART G EXAMINER COM TTEE Chairman cam/ , G~,~G1/-~ v ATTEST: FRED L. DAYHARSH Planning Director By: 5 - RECEIVED SPOKANE COUNTY LUKINS & ANNIS, P. S . JAN 05 2000 ATTORNEYS AT LAW 1600 WASHINGTONTRUs"TFINIANCIALCQN-rER - 717 W SPRIGUEAVE • SPOKANE, WA 99201-04&AVISION OF BUILDING AND FlANlNiNG PHONE (509) 455-9555 - FAX (509) 747-2323 BY Mischelle R Fulgham Admitted In. Idaho and Washington Attorney Email address- MFulgham@Lukins com Direct Fax (509) 363-2478 January 4, 2000 VIA FACSIiyIILE AND MAIL Ron Hand, planner Spokane County Building and Pianning 1026 W. Broadway Avenue Spokane, WA 99260-0240 Re: Tom Hamilton/Foursquare Church Petition for Removal of Conditions Dear Mr. Hand: I am writing in response to you and your supervisor, Francine Shaw's request. First, you have asked that we confirm the subject property is the same property as identified in zone change ZE- 158-79 and restricted by conditions imposed through such zone change. That certainly is our understanding based upon the County's statements and file documentation. As you know, Tom Hamilton and Bob Florey were finalizing building permit approval and ready to proceed with construction on the subject property in November, when Building Department official Jeffrey Forrey indicated the subject site was restricted from development for anything other than condominiums. The County Building Department required that we stop all progress on the subject property because of the restrictive conditions imposed as a result of the zone change. Thus. we were forced to stop construction planning based upon the County's claim that the subject property is governed by ZE-158-79 and its use is restricted from development for anything other than condominiums. We have acknowledged the County's position that this property is encumbered by these conditions as issued in ZE-158-79 and through this petition seek to have such conditions removed. We would not have pursued this Petition for Change of Conditions but for the County's claim that such restrictive conditions exist on the subject property under ZE-158-79. You also requested we acknowledge that the subject property is not intended for use as a daycare or school. Your request is so acknowledged. There are no plans to use the subject property as a daycare or school. SPOKANE - COEUR d'ALENE - MOSES LAKE r' January 4, 2000 Page 2 Very truly yours, X42 G __J 1VY SCHELLE R. FIGHAM MRF:mrf \\SPOKANEI\V01_2\15DOCU NIRFOINMARF DOC 12/15/99 WED 08:31 FAX 509 747 2323 LCKINS & ANNIS 0)001 LUKINS & ANNIS, P.S. _ ATTORvEYs AT LAW 1600 WAMraTON TIM FRW=AL CWrIR • 717 w SrSA M Jas. - spaw+0. WA 99201A"6 pM"(309) 455-9555 • FAX (309) 741-2323 Mischclle R. Fulgham Admitted In: Idaho and Washington E=O address: MFulgham Lukins.cam Direct Fax (509) 363-2478 December 14, 1999 VIA FACSUvUE 477-4703 Ron Hand Spokane County Planning and Building 1026 West Broadway Avenue Spokane, WA 99260 Re: Foursquare Valley Church Dear Ron: Enclosed are two documents which I received from Tom Hamilton's office. There appear to be several errors thereon. First, the project information and contact information is incorrect. Somehow, someone has combined my name and the Lukins & Annis firm name with an address for our client. As you know, I am the contact representative for the Petition to Remove Conditions from the zone change. Please have this information corrected so that Lukins & DA.nnis, my attention, and the address indicated on this letterhead is incorporated into the database or file on this matter. Additionally, under project information, it's described as permit use change of conditions, long plat. There has been no long plat application, it's merely a change of conditions for a previously issued zaae change, so that too is in error. Under the item description category, there is a $75.00 environmental review fee. As you know, we have discussed and it is has been determined by Spokane County Division of Building and Planning that the environmental review of November 7, 1999 will be utilized in this matter and that there is no need for an additional environmental review. We agree that the SEPA 3 determination of non-significance issued by Jeff Forry on November 7, 1999 will be utilized in the context of this Petition for Removal of Conditions. You will recall that when we calculated and reviewed the fees, this $75.00 fee was r,ot included because there will be no additional environmental review- Spoi:.a-ti>; • CoE.uit TALENE - MosEs L,u 12/15/99 WED 08:31 FAX 509 747 2323 LUKINS & aNNIS 2002 December 14, 1999 Page 2 Additionally, we should not have been charged the $50.00 engineer review fee as there will be no additional engineering review- The Building Department has already signed off on the site and issued a permit based upon their review of the plans for the construction of the building on this site. Our Petition to remove the words "for sole use as condominiums will not generate the need for any additional engineering review. I specifically discussed this with Jeff Forry previously. Thus, as there will be no additional engineering review, that $50.00 fee should actually be refunded to my client. Please make such arrangements. I realize you are relatively new to the County and this matter has really been initiated by the Building Department and Jeff Forry. Jeff has made some decisions which impact your department and the processing of this file. At one point you indicated that Jeff Forry bad taken this entire matter back and we would be dealing with him and the Building Department. You indicated he had advised "I started this whole thing, I will take care of and finish it. That sense as Jeff was familiar with the file. However, a couple of days later, you indicated that was no longer the case and that you were in fact taking the file back from the Building Department. Since then, I have been told things contrary to prior representations by the County. I would request and suggest that Jeff Forry continue to handle this matter so as to keep things consistent based upon his initiation of the need for the change of conditions from the previously approved zone change. As you know, this entire Petition for Removal of Conditions merely seeks to remove the words "for the sole use of condominiums" from the zone change. Nothing else is being changed in this matter. Most of the detailed information requested as part of this Application bas already been provided, reviewed and performed as part of the Building Department issuing the permit for construction on the subject site. Thus, it makes sense for the Petition for Removal of Conditions to stay with Jeff Forry. County Attorney, Robert Binger, also previously advised that we should "just deal with Jeff." So that is what I am requesting in regards to the Petition for Removal of Conditions. I understand your position regarding our Appeal of Administrative Determination. It makes sense for Planning to retain this matter, given the fact that Jeff Forry issued the administrative interpretation we are appealing. However, things have becorne confusing and I have been given contradictory information by going back and forth between your office and the Building Department. It will economize and streamline this process by having him keep the Petition for Change of Conditions and having your office proceed with the Appeal of Administrative Decision. While you claim there was no firm commitment to the January 19, 2000 hearing date, I was advised that so long as Al French got the Assessor maps in within the next day or so, then we could be scheduled for hearing examiner review that day. The maps have been submitted, thereby completing the Application and we want to proceed at the earliest possible hearing date. I was told the earliest possible lawfal hearing date is January 19, 2000 and that that is the date I want, unless something sooner can be arranged. I did not pick this date but was advised of such by the County. So, please advise as to the time for the bearing date on January 19, 2000 for the Petition of Removal of Conditions. 12/15/99 WED 08:32 FAX 509 747 2323 LtTKINS & ANNIS 0 003 December 14, 1999 Page 3 Also, you indicated that the Administrative Interpretation Appeal Dearing on January I x, which we had previously been assigned a time of 10:00 or 11:00 had in fact been changed and now our hearing on January 12 h on the Administrative Interpretation Appeal is set for 9:00 a.m. Please confirm in writing the hearing dates and times set for these two matters. I am still waiting for the due process notice materials. Thanks very much for your assistance and please contact me directly with any other information or inquiry on this matter. Most importantly, please insure that i am identified as the contact person with the correct address and telephone number. Very truly yours, 4BBELLE R MRF: sab cc: Rob Binger Jeff Forry Client JSB \\spoKANTE 1 \v4L2\1 SDOC\LSABOOY--MRF.DOC 12/15/99 WED 08:33 FAX 509 747 2323 LUKINS & ANNIS 16005 02 PREMIER ONE ING PAGE 12/14/1999 08:34 5099241441 21 j "ctoln Orrtzdhon: ,via 4L R, {~'re ~T,~s~"~ ?•fCtt~aGKS~!F o t A y:. _yyfS~r~ - ► •f T r how°> L -0 Vy. ti~~,~ ~~i„ , x ~;,SrteAd~ces~r.3 Ol. 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