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25533 BSP-69-99 . -r • i yl* ~ 0422 E N0. C~ 131995 BEFORE TFiE BOARD OF COUNTY COMMISSIONERS County Engineerir~ OF SPORANE COUNTY, WASHINGTON ~ IN THE MATTER OF I CHANGE OF CONDITIONS ST ) FINDINGS OF FACT, CONCLUSIONS TO ALLOW A REVISED SITE PLAN ) AND DECISION AND THE USES OF THE REGIONAL ) BUSINESS ZONE ) . APPLICANT: DONWOOD, INC. ) THIS MATTER, being the consideration by the Board of County Commissioners of Spokane County ("Board" ) of the de novo appeal of the Spokane County Hearing Examiner Committee decision of December 16, 1994 approving an application for change of conditions in Planning Department File No. ZE-139A-76, to allow a revised site plan and those uses allowed in the Regional Business zone on approximately 20 acres of land (hereinafter referred to as the "proposal and the Board having conducted a public hearing on the proposal on February 21, 1995, and having fully considered the testimony and documents submitted, and the public record files regarding the proposal; and the members of the Board having individually visited or being fazniliar with the site and vicinity in question; and the Board having rendered an oral decision on March 7, 1995, denying the appeal subject to the entry of written findings and decision, hereby enters the following findings of fact, conclusions and deci9ion: FINDINGS OF FACT AND CONCLUSIONS 1. The proposal is generally located south of and adjacent to Interstate 90, approximately 800 feet eaet of Barker Road, in the West 1f2 of Section 17, Township 25 North, Range 45 EWM, Spokane County, Washington. ' 2. The proposal requests a change of conditions, in Planning Department File No. ZE-139A-76, from the eite development plan , approved in Planning Department File No. ZE-139-76, to allow a revised site development plan and those use9 allowed in the Regional Business (B-3) zone on approximately 20 acres of land. 3. The Hearing Examiner Committee held a public hearing on the proposal on December 16, 1994, after which the Committee entered written findings of fact, conclusions and decision unanimously approving the proposal with new conditions. 4. On December 19, 1994, Donwood Inc. filed a timely written appeal of the Hearing Examiner Committee's decision with the Board of County Commiesioners, objecting to the conditions of approval imposed by the Hearing Examiner Committee on the proposal. 5. On February 21, 1995, the Board held a de novo public hearing on the proposal, with additional written comments submitted to the Board by February 28, 1995 accepted as part of the record. 6. On March 7, 1995, the Board entered an oral decision denying the appeal, subject to the entry of written decision and findings. 7. The legal requirements for the public hearing held by the Board have been met. . \FINDINGS, DECISION AND ONDITIONS OF APPROVAL 1 8. The Board adopts Planning Department Fzle Nos.ZE- 139 - 76 and ` ZE-13 9A, 76 as part of the recard, ZE-13 9A-7 6 being a supplemental fa.le the ariginal rezone file of ZE-139- 76. 9. The oral testimony presen.ted to the Hearing Exami1ner Committee an the proposaZ was not surbmitted to the 8oard or considered as part of the recard. The Committee' s written d~cision was considered by the Board only as a recommendation. 10. The Board takes afficiaT notice of the provisions of the Spokane County Camprehensive PZan; the Spakane County Zoning Code; th~ Spokane County Zoning Ordinance; the Program to Implement the Spo}cane County Zoning Cade, as adopted pursuant to Resalution No. 85 0900 and as thereaf ter amerrded; and the Spokane Caunty Code. 11. Dn June 161 1977 ~the Board of County Commissioners of Spokane C0untyr iTl ZE' 139- 761 rEzoI"led the site (C7r1~.,'ll3c'3l1y encompassing approximately 27 acres) under the 5pokane Caunty Zoning. Ordinan,ce frorn the Agricultural zane to the Freeway Cammercial zone, far de'veloprnent of a truck stog, motel and cafe in accordance with the develrpment and traffic contral plan {date stamped March 7, 1977 by the Flanrsing I]epartmexit) approved and the canditions of approval adopted in the sartte actian. 12. At the ta.me action was taken in ZE-139 - 76+ the Spokane Cou~ty Zoning Ordinance pravided that property cauld not be rezoned to the F~~eway Comm~rcial zone unless a specific developrnent and traffic control plan was approved for the site, with a further requ.irement that the site }~e developed and used thereafter only in accordance with such approved plan. 13. In 1985, pursuant to ResoZution IrTo. 85 0900~ the Board of Caunty Cvmmissioners adnpted the Spokane County Zoning Code, as well as the "Prograrn to 2rnplement" such code after a five year transitivn period. - 14. Ef fectiwe January 1, 1991, pursuant to the cross-over schedule irzcluded i,n the Progran to zrnplement, the site was designated under the Regional Busineas (B-3) zone of Ghe Zvning Cvde, the most nearly equivalent zone to the Freeway Corrrnterc'lal zone of the Zoning Orda.nance. - 15. L7nder the Prvgram to Implernent, the approved site plan and condita.ons of approval adopted in ZE-139'-76 can,tinued to bind and restrict development and use of the site after the 1991 crvs~over unless and until madified through, appraval of an application tor change of conditxons or a rezofle of the site. Donwood Inc. was on notiee of such restrictions by the terms of the Program to Implernent r as the applicant at,t~~ time of the 1977 rezone of the site, and by indication of the symbol 11139- ~~C" oT~ the C]ff1c1al Co11T1ty ZoI].1I1g I'El~p o~ the sxte, 16. The conditionaL rezoning of property is authorized under the CQUnty' s palice power and does not require entry of an agreernent between the County and the landowner to be enf orceable . The Program ta lrnplement does not require execution of such an agreement for conditsons Irnposed on property rezaned under the Zoning Ordinance to continue in effect aEter the 1991 cx`ossaver. - 17. Irl Juxier 1994, in ZE-22T94, approximate1y five acres ixi the nortMeaster].y portion of the si~e was rezvned at the request ' of Tranco Industries, Inc. for food product manufacturing, retazl saIes and other uses al~owed in the Regiona7. Business and Light Industrial zones. 18. On October 5, 1594, Donwaod. Inc. submitted an application ta change the canditians impased in the 1977 rezone in order ta - FINDIiVGS, DECTSION AND CQNDITIOI~~ OF APPROVAL - 2 . . , ' allow general B-3 uses on the remainder of the site. The applicant proposed a revised site plan in place of the site plan approved in ZE-139-76. 19. Pursuant to section 14.504.040 of the Zoning Code and section 1.44.040 of the Spokane County Code, the applicant's.request for change of conditions required a public hearing by the hearing examiner committee, and by the board of county commissioners on appeal, before approval could be granted. 20. Under chapter 1.44 of the Spokane County Code, the hearing body is authorized to place conditions on the applicant's request for change of conditions to protect the public health, 9afety and welfare, and to mitigate environmental impacte, considering the standards of the underlying zone and other adopted plans and regulations. Pursuant to section 11.10.128 of the County Code (adopting WAC 197-11-535), the hearing conducted by the hearing body is open to consideration of the environmental impact of the proposal and available environmental documents. 21. The Program to Implement requires that changes to the eite plan or conditions approved in ZE-139-76 proposed after the 1991 cross-over must minimally comply with the development standards of the B-3 zone and be only for uses allowed in the B-3 zone. 22. The Board finds erroneous Donwood Inc.'s contentions that the 1991 cross-over zoning entitled it to develop the site under the B-3 zone for any of the uses allowed in the B-3 zone, without regard to the site plan and conditions approved for the 1977 rezone, or alternatively under conditions no more stringent than could be required under the standards of the B- 3 zone. 23. The revised site plan submitted by the applicant "is general in nature and does not illustrate proposed uses, landscaping, setbacks, parking spaces, building height or other relevant information that would indicate that the site, upon development, will comply with the development standards of the Regional Business zone and applicable plans and regulations. 24. Land uses within the surrounding area include single family residences on urban-sized and acreage lots, and some commercial uses, located to the south; small businesses along Barker Road and single family residences to the west; ' commercial uses along Appleway and some single family residences to the south; and the Interstate-90 freeway and office uses located north of the proposal. 25. The proposal is located within the Urban category of the Comprehensive Plan. The Urban category is intended to provide the opportunity for development of a"city-like" environment, implemented by various residential zones, along with neighborhood commercial, light industrial, and public and recreational facilities. The more intensive commercial uses, including usee allowed under the Regional Business zone and those associated with the more intensive commercial classifications are intended to implement the Major Commercial category of the Comprehensive Plan. The Urban category provides that mining, maj or commercial users, heavy industrial u9es and intensive farming would not be compatible within Urban areas. 26. While the proposal is inconsistent with the Urban category of the Comprehensive Plan, recent zoning and development trends indicate that the area is transitioning from urban residential to commercial and light industrial uses. The site appears appropriate for general B-3 uses, with site plan review FINDINGS, DECISION AND CONDITIONS OF APPROVAL - 3 necessary to establish appropriate mitigating conditions and ' conditions of approval. 27. A Determination of Nonsignificance (DNS) was issued by the Planning Department for the proposal. In reviewing the environmental checklist submitted by the applicant, the responsible official for the Planning Department noted that many impacts from the propoeal, particularly traffic, could not be determined without detailed site plan review. Prior to issuance of the DNS, the applicant was put on notice by the Planning Department that a detailed site plan and other conditions of approval would probably be required for the project. 28. Within the DNS comment period, the Washington State Department of Transportation (WSDOT), by letter dated December 2, 1994, requested that the responsible official withdraw the DNS issued for the proposal, based on probable significant adverse environmental impacts from the development of B-3 uses on traffic infrastructure and air' quality, and require the applicant to perform a traffic study. These concerns were amplified in another letter from WSDOT to the Planning Department dated December 15, 1994. 29. WSDOT, in its February 28, 1995 letter to the Board, indicated that the DNS need not be withdrawn and a Determination of Significance issued if the conditions of approval imposed by the Hearing Examiner Committee on the proposal were maintained. These conditions included detailed review of site development plans through a public hearing process, the preparation of a full traffic analysis and the attachment of mitigating measures through SEPA once the potential vehicle trip generation from development of the site reached 1,600 vehicle trips per day. . 30. The requirements of a traffic study, additional SEPAreview, and public hearing on further development plans for the site, upon reaching the threshold of 1, 600 cumulative trips per day, are reasonable based on the impact analysis contained in correspondence from WSDOT and County Engineer regarding development of possible B-3 uaes; the need to aa9ure safe, convenient and eff icient vehicular travel and access in accordance with the objectives, goals and standards expressed in adopted County plans and regulations; the lack of a detailed site plan; and the location of single family residences south and west of the site. 31. The public hearing process provides greater-flexibility and opportunity for receipt of comment from public agencies and members of the public on which to base conditions of approval and mitigation measures. Administrative site plan review by the Planning Department is appropriate for proposed site development that cumulatively generates less than 1,600 vehicle trips per day. 32. The proposal, as conditioned, bears a substantial relation to the public health, safety and welfare. 33. The issuance of a DNS at this time is appropriate for the proposal, as conditioned for phased environmental review. DECISION The Board hereby denies the appeal by Donwood, Inc. (with certain modifications) and approves the applicant's request for change of conditions request for general B-3 uses and a revised site plan, eubject to the following condition9: FINDINGS, DECISION AND - CONDITIONS OF APPROVAL - 4 SN REFERENCE TO THE ATTACHED FINDINGS, CONCLUSIONS AND DECISSONr - THE BO.A.RD OF COUNTY COMMISSIONERS ADOPTS THE FOLLOWING CONDITIONS OF APPROVAL ATTACHED HERETO:, SPOR.ANE COUNTY PLANNING DEPARTMENT 1. The proposal shall comply with the Regional Business (B-3) and Aquifer Sensitive Area (ASA) Overlay zones, as amended. 2. Detailed site plan review is required prior to any development of the site, in the manner provided by section 1.44.050 of the Spokane County Code, to address concerns raised at the public hearing of the proposal and condition9 of approval imposed by the Board of County Commissioners. This review shall be done administratively by the Planning Director/designee as development occurs; provided, that once proposed development of the site cumulatively has the potential of generating more than 1,600 vehicular trips per day review shall be conducted by the Hearing Body through the public hearing process. 3. Approval is required by the Planning Director/designee of a specific lighting and signing plan for the described property prior' to the release of any building permits. 4. A apecif ic landscape plan, planting schedule and provisions for maintenance acceptable to the Planning Director/designee shall be submitted, with a performance bond for the project prior to release of building permits. Landscaping-shall be installed and maintained so that sight distance at access points is not obscured or impaired. 5. Direct light from any exterior area lighting fixture shall not extend over the property boundary. 6. Landscaped areas of at least 100 square feet shall be located no more than 100 feet apart along building fronts facing street right of ways. In addition, all maj or public entrances to buildings shall be landscaped. The landscaping described above shall be Type III. Modifications to this condition may be allowed if approved by the Planning Department. 7. A fifteen foot wide strip of Type III Landscaping shall be installed along both sides of the site's Broadway Avenue frontage. 8. Twenty (20) feet of Type I Landscaping is required along all property lines abutting a reaidential zone. 9. Free standing signs shall be limited to 250 square feet in surface area and 35 feet in height. Free standing signs along . Broadway Avenue shall be located near accees points. Signs along Interstate-90 shall be permitted as per the sign standards of the Zoning Code, provided that any free standing sign adjacent to Interstate-90 shall be limited to 350 square feet and 40 feet in height. 10. The Planning Department 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 wiChin the same time frame as allowed for an appeal and shall only be released, in full or in part, by . the Planning Department. The Title Notice shall generally provide as follows: The parcel of property legally de8cribed as [ ] is the subject of a land use FINDINGS, DECISION AND CONDITIONS OF APPROVAL - 5 action by a Spokane County Hearing Body or - Administrative Official on [ imposing a variety of apecial development conditions. File No. [ ] is available for inspection and copying in the Spokane County Planning Department. il. Any subdivieion of the property shall conform to state and county subdivision regulations. 12. Prior to the issuance of building permit, the applicant shall demonstrate to the satisfaction of the Planning Department that the owner(s) or repre9entative(s) has negotiated in good faith with the Spokane County Transit Authority to provide any facilities needed to enhance public transit. SPORANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior to issuance of a building permit or at the request of the County Engineer in conjunction with a County Road Project/Road Improvement District, whichever action comes first: 1. The applicant shall dedicate 60 feet from Broadway south to Sprague Avenue for right-of-way. 2. The applicant shall dedicate right of way to equal 60 feet on Hodges Road south f rom Broadway Avenue to Appleway for right of way purposes. Prior to release of a building permit or use of the property as proposed: 3. Access permits for approaches to the county road sy9tem shall be obtained from the Spokane County Engineer. 4. The applicant 9ha11 submit road, drainage and access plans for _ approval by the Spokane County Engineer. 5. The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed combined on- site sewage system plan and surface water disposal plan for the entire proj ect, or portion thereof if the development is to be phased. 6. 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 traffic engineering practices. Paving or surfacing as approved by the County Engineer shall be required for any portion of the project which is to be occupied or traveled by vehicles. 7. To construct the roadway improvements stated herein, the applicant may, with the approval of the County Engineer, join in and participate in the formation of a Road Improvement District (RID) for such improvements by the petition or resolution methods authorized under chapter 36.88 RCW, as amended. Spokane County will not participate in the cost of these improvements. This is applicable to that portion of Broadway Avenue to be realigned to and including Barker Road. e. As an alternative method of constructing the road improvements stated herein, the applicant may, with the approval of the County Engineer, accomplish the road improvements stated herein by joining and participating in a.County Road Project (CRP) to the extent of the required improvement. Spokane County will not participate in the cost of -these improvements-. This is applicable to that portion of Broadway Avenue to be realigned to and including Barker Road. FINDINGS, DECISION AND CONDITSONS OF APPROVAL - 6 9. The construction of the road improvements stated herein shall • be accomplished as approved by the Spokane County Engineer. 10. The County Engineer has designated Typical Roadway Section Number One, Local Access standard for the improvement of Hodges Road, which is adjacent to the proposed development. This will require the addition of approximately 40' feet of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. 11. The County Engineer has designated Typical Roadway Section Number One, Local Acce9s standard for the improvement of Broadway Avenue, which is adjacent to the proposed development. This will require the addition of varying amounts of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. 12. Al1 required improvements shall conform to the current State of Washington Standard Specifications for Road and Bridge Canstruction and other applicable County atandards 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. 13. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners Resolution No. 80-1592 as amended and are applicable to this proposal. 14. No construction work shall be performed within the existing or proposed public right-of-way until a permit has been issued by the County Engineer. All work within the public road right-of-way is subject to inspection and approval by the County Engineer. 15. All required construction within the existing or proposed public right-of -way is to be completed prior to the release of a building permit, or a bond in an amount estimated by the County Engineer to cover the co9t of construction of improvements shall be filed with the County Engineer. 16. Applicant shall sign and record Spokane County Notice to the Public No. 6 which specifies the following: The owner ( s) or successor ( s) in interest agree to authori ze the County to place their naine ( s) on a petition for the formation of a Road Improvement District (RID) by the petition method pursuant to Chapter 36.88 RCW, which petition includes the owner(s) property, and further not to object, by the signing of a ballot, the formation of a RID by the resolution method pursuant to Chapter 36.88 RCW, which resolution includes the owner(s) property. If an RID is formed by either the petition or resolution method, as provided for in Chapter 36.88 RCW, the owner(s) or successor(s) further agree: (a) that the improvement or construction contemplated within the proposed RID is feasible; . (b) that the benefits to be derived from the formation of the RID by the property included therein, together with the amount of any County participation, exceeds the cost and expense of formation - o f the RID ; and FINDINGS, DECISION AND . CONDITIONS OF APPROVA.L - 7 . (c) that the property wi thin the propos ed RID is sufficiently developed. Provided further, that the owner ( s) or successor ( s) shall retain the right, as authorized under RCW 36.88.090, to object to any assessment on the property as a result of the improvements called for in conjunction with the formation of the RID by either petition or resolution method under Chapter 36.88 RCW. This requirement applies to that portion of Broadway Avenue to be realigned to and including Barker Road. . 17. There may exist utilities, either underground or overhead, affecting the subject property, including property to be dedicated or set aside for future acquisition. Spokane County aseumes no f inancial obligation for adjustments or relocation regarding these utilitie9. Applicant(s) should check with the applicable utility purveyor and the Spokane County Engineer to determine whether applicant(s) or the utility is responsible for adjustment or relocation costs and to make arrangements for any necessary work. 18. The applicant at the time of building pennit application or submittal of a detailed site plan for administrative review shall demonstrate through trip generation analysis that trip generation from site development will not cumulatively exceed 1,600 vehicular trips per day, which is the baseline number of trips estimated by the Washington State Department of Transportation that would be generated by the original proposal approved in ZE-139-76. Once the threshold of 1,600 trips per day would be exceeded by proposed site development, the applicant shall provide a full traffic analysis, including mitigating measures, prior. to any future building permits being issued. This analysis is to be done under the SEPA review process, and implemented by either the Spokane County Building Official or the Planning Department (as deemed appropriate by the Planning Department) and reviewed by the Washington State Department of Traneportation and County Engineer. 19. If the Broadway realignment is not completed through an RID the applicant is hereby put on notice that Broadway Avenue access could be right injright out only. SPOKANE COUNTY DIVISION OF UTILITIES 1. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 2. A covenant agreement shall be signed by the owner stating: The owner ( s) or successor ( s) in interest agree to authorize the County to place their name ( s) on a petition for the formation of a ULID by the petition method pursuant to RCW 36.94, which petition includea the owner(s)' property; and further not to object by the signing of a protest petition against the formation of a ULID by resolution method ' pursuant to RCW Chapter 36.94 which includes . the owner(s)' property. PROVIDED, thie condition shall not prohibit the owner(s) or successor(s) from objecting to any assessment(s) on the property as a result of improvements called for in conjunction with FINDINGS, DECISION AND CONDITIONS OF APPROVAL - 8 the formation of a ULID by either petition or resolution under RCW Chapter 36.94. 3. A wet (ZYve) sewer connection to the existing area wide Public 5ewer System must be constructed. A sewer connection permit is required. {See N[3 . 5) " 4. The applicarit shall submit expressly ta the Spokane County ,Division of Utilities "under aeparate ccavert" only those plan sheets showing sewer plans and specifications for: public sewer connection are to be reviewed and approved by the UtxliGa.es Departrnent griar to i.ssuance of perm'it ta connect. 5. Security shall be deposa.ted with Cour~ty Uti1it3.es for construction of the public facili.ties. ' . 6, Note : the Board of County Comrnissioners is in the process of evaluating whether Public Sewer shvuld be extended auts'lde the 15 year construction boundary and the terrns of connection/extension of public aewer if allowed. 5 P C3Y-ANE C OUNTY HEALTFi DIS TR ICT 1. sewa~e disposal method shall be as authorized the Director of Utilities, Spokane ~ounty. 2. Water service shall be coardinated through the Director of Utilities1 Spokane County. 3. Wrater ser-viee shall be by an existing public water supply when approved by the Regional Engineer (Spokane ) , State Department of Heal th . - 4. A public sewer s~rstem shall be made availaY~le for the praj ect and inda.vidual service shall be prvvided to each loG prior to sale. Use of individual on- site sewage disposal systerns will not be authorized. S. Use of private wells an+d wa~~~ systems xs prohibited. SPoKANE cOUNMTY DaVIsION OF sUxLnINGS 1. The appl.icant shall cantact the ]~'ivision of Buildzngs at the earliest possible stage in arder ta be inforrned of code requirements administered/ enforced a~ authorized by the State Building Cade Act, Design/development concerns include: addressing a fire apparatus access roads P fire hydrant/flow; apprQVed water systemsF ]ouild'ing accessibility; constructa.on type, occupancy classification; exita,ng, exterior wall p1otG443.Vn-, GAnd e11~~~y cVdG ~~gulRt'l'Vi,LFi7 s (L;o4er 1he D1Yision of Buildings reserves the right to confirn the actual addrese at the tirne of building permit. ) , SFORANE COZFNTY AIR POLLUTION CONTROL AUTHOR2TY 1. Al1 air pollution regulations must be met. 2. Air pollution regulata.ons require that dust emissions during demoliti-onj construction and excavation prajects be contralled. This may require use of vaater sprays, tarps, sprinklers or suspension of ~~~ivity during certain weather - conditions. Haul roac~~ ~~ould be treated, and emissians from the transfer vf earthen material must be controlled, as we].1 as emissians from all other canstruetion-related activities. F"INDINGS, DECISIOIV AND COND2TYO1VS ❑F APPROVAL - 9 3. SCAPCA strongly recommends that all traveled surfacea (i.e., ' ingress, egress, parking areas, acces9 roads) be paved and kept clean to minimize dust emissions. 4. 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. 5. Debris generated as_a result of this project must be disposed of by means other than burning (i.e., construction waste, etc. ) . 6. All solid fuel burning devices (wood stoves, pellet stoves, etc...) must comply with local, state, and federal rules and regulations. 7. SCAPCA Regulation I, Article, V 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 air pollution source. This includes any fuel f ired equipment rated at greater than 400,000 BTU/hour (boilers, hot water heaters, ovens etc...). It aleo includes paint booths, and other sources of air contaminants. 8. Chapter 173-491 WAC requires that all new gasoline dispen9ing facilities with total storage capacity of 10,000 gallons or more must install and use State I vapor recovery equipment. Prior to the installation of the storage tanks and vapor control equipment a Notice of Construction must be filed with and approved by SCAPCA. ' BY THE ORDER OF THE BOARD THIS /10 DAY OF APRIL, 1995. BOARD OF COUNTY COI+MISSIONERS OF SPO COUNTY, WASHINGTON .E. Chil er Chairman - P i D. Harris St e asson Vote of the Board of Spokane County Commissioners as follows: Commissioner D.E. Chilberg - aye Commissioner Phillip D. karris- aye . Commissioner Steven Hasson - aye ATTEST: WILLIAM E. DONAHUE Clerk of e Board By : fiL • osanne VnDeputy C rk . . . . . .:t . . . . • • . ' ` ' ` . • ~ . • 1 ' . FINDINGS, DECISION AND r CONDITIONS OF APPROVAL - 10 • OFFICIAL NOTICE FOR DATE AND PLACE FOR COMMENCING AN APPEAL NOTE: Pursuant to WAC 197-11-680(5), notice is hereby given by the Board of County Commissioners in conjunction with the approval of the above-referenced matter that: (1) Pursuant to Section 14.402.180 of the Spokane County Zoning Code, the time limit for commencing an appeal of the approval of the above-referenced matter is thirty (30) calendar days from the Board of County Commis9ioner's execution of the above Findings of Fact, Conclugiong and Decision. (2) The time frame for appealing any SEPA issues with respect to the approval of the above-referenced matter is thirty (30) calendar days af ter the execution of the above Findings of Fact, Conclusions and Decision. A notice of intent to raise SEPA issues by judicial appeal is required and must be filed with Wallis D. Hubbard, Director of Planning, West 1026 Broadway, Spokane, WA 99260, within thirty (30) calendar days after execution of the above Findings of Fact, Conclusions and Decision. (3) The appeal of either the approval of the above-referenced matter or any SEPA isaues must be filed in the Spokane County Superior Court or a court of competent jurisdiction as provided by law. FINDINGS, DECISION AND CONDITIOIVS OF APPROVAL - 11 / , - l SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS OF FACT, CONCLUSIONS AND ORDER INTRODUCTION This matter has come before the Hearing Examiner Committee on December 16, 1994, continued from the December 15, 1994 regularly scheduled hearing. The members of the Committee present are: Verona Southern, Chair, and Toni Nersesian. PROPOSAL The sponsor, Donwood Inc., requests approval of a Change of Cond.itions, ZE-139A-76, to an existing Regional Business (B-3) zone to allow a revised site plan and those uses permitted in the Regional Business (B-3) zone. FINDINGS OF FACT AND CONCLUSIONS 1. The property is generally located south of and adjacent to Interstate-90, approximately 800 feet east of Barker Road, in the West 1r2 of Section 17, Township 25 North, Range 45 E.W.M., Spokane County, Washington. 2. The Committee adopts the Planning Deparnnent Report as a part of this record. 3. The existing land uses in the area include single family residences, a truck stop, commercial uses, ad.ministrative offices and vacant, undeveloped land. 4. The proposed use is compatible with existing uses in the area. 5. The Comprehensive Plan designates this site as Urban and within the Priority Sewer Service Area (PSSA). The Urban category is intended to provide the opportunity for development of a"city-like" environment. The Urban category will typically be developed with residential, neighborhood commercial and light industrial uses with the more intensive land uses located near heavily traveled streets with public services available. The Urban category is intended to be implemented by the Neighborhood Commercial (B-1) zone, while the more intensive commercial classifications, Community Business (B-2) and Regional Business (B-3) zones, will implement the Major Commercial category of the Comprehensive Plan. 6. The existing Regional Business (B-3) zone does implement and confonn to the Comprehensive Plan. 7. The A.rterial Road Plan designates Broadway Avenue as a Local Access Street with a recommended right of way width of 60 feet. 8. The existing zoning of the property described in the application is Regional Business (B-3) previously established as Freeway Commercial (FC) zoning in 1976 and redesignated to Regional Business (B-3) on January 1, 1991 pursuant to the Program to Implement the Spokane County Zoning Code. The proposal does conform to the requirements of the existing Regional Business (B-3) zone. 9. The provisions of RCW 43.21C ('The State Environmental Policy Act) have been complied with and a Determination of Nonsignificance (DNS) was issued. The Committee, after independent review, hereby adopts the DNS. 10. The legal requirements for public notice have been fulfilled. 11. The owners of adjacent lands expressed neither approval nor disapproval of the proposed use. 12. The applicant testified at the public hearing that he would accept the Washington State Department of Transportation (WSDO'1) trip generation estimate of 1,600 vehicle tnps per day for the site, as presently approved for ZE-139-76. The applicant further testified that he opposed Planrung Department Condition #7 requiring a 36 inch high decorative wall along Broadway Avenue and Cond.ition #2 requiring a subsequent public hearing for specific site plan review. 13. The applicant has demonstrated that conditions have substantially changed since the original zoning of this area and accord.ingly, the proposed change of conditions is justified. Specifically, changed conditi.ons include the adoption of the Spokane County Comprehensive Land Use Plan, Spokane County Zoning Code, and the availability of public services and facilities. 14. The proposed use will not be detrimental to the public health, safety, morals or welfare especially in light of the conditions recommended by the reviewing agencies. 15. The Washington State Department of Transportation (WSDO'1) submitted a letter at the public hearing which included an appeal of the Planning Department's Determination of Nonsignificance (DNS) based on waffic issues and potential traff'ic generated by the proposal. The appeal of the DNS was withdrawn following testimony by the 4ffice of the Spokane County Engineer, Planning Department, and the applicant, 16. 1'he Committee additionally finds/concludes: a. The Committee finds that the site plan of record submitted by the applicant is very general in nature and subsequent public hearings are necessaryy for site plan review to determine if future site development complies with all applicable regulations and to ensure that adequate review is made and mitigating measures imposed through a public hearing and conditions of approval. The Committee finds it reasonable to implement the condition of approval recommended by the Planning Department to require subsequent public hearings for site plan review. b. The Committee finds that the landscaping requirernents recommeaded by Planning Department Condition No. 7 should be modified. The Committee finds that the landscaping required by the Spokane County Zoning Code, in HEC Qrder for ZE-139A-76 Page 2 . addition to the 15 feet wide strip of Type III landscaping along Broadway Avenue, are appropriate for the site. The Committee finds the recommended 36" high meandering decorative wall may not be compatible with future development and uses on the site, and therefore should not be required. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL 1. All Conditions imposed by the Hearing Examiner Committee shall be binding on the "Applicant," which term shall include the owner or owners of the property, heirs, assigns, and successors-in-interest. 2. The following Conditions of Approval apply to the real property described below: Lots 2, 3, 4, and S lying South of Primary State Highway No. 2, Spokane to Greenacres, and all of Lot 9, Block 3, CORBIN ADDTTION TO GREENACRES, according to plat recorded in Volume "S" of Plats, Page 30, in Spokane County, Washington. F.XCEPT those portions of said Lots 2, 3, 4, and 5 conveyed by Burlington Northern Inc. to the State of Washington by Quit Claim Deed dated June 4, 1976, under Recording No. 7609160303, and EXCEPT those portions of said Lots 2, 3, 4, and 5 conveyed by the C'rreat Northern Railway Company to the State of Washington for highway purposes by Quit Claim Deed dated October 10, 1957, Record.ing No. 493871B and described as "Freeway Right of Way" and "Frontage Service Road R.ight of Way" only. HEARING EXAMINER COMMITTEE 1. Planning Department Condition No. 7 is modified as follows: A fifteen foot wide strip of Type III Landscaping shall be installed along both sides of the sites' Broadway frontage. 2. County Engineer Condition No. 2 is modified as follows: Applicant shall dedicate right of way to equa160 feet on Hodges Road south from Broadway Avenue to Appleway for right of way purposes. 3. County Engineer Condition No. 18 is modified as follows: This change of conditions is based on an original approval of ZE-139-76. It would appear that the applicant has approval of a baseline trip generation of approximately 1,600 trips per day on the existing approval. Since this request is based on any use on approximately 200,000 square feet of building, Spokane County Engineering would require this applicant at time of building perm.it to demonstrate through trip generation analysis that trip generation was not greater than the original baseline of 1,600 trips. Once the threshold of 1,600 trips is broken the applicant shall provide a full traffic analysis includ.ing mitigating measures prior to any future building permits being issued. This analysis would be done under the SEPA review process, this requirement to be implemented by the Spokane County Building Official and reviewed also by the Department of Transportation. HEC Order for ZE-139A-76 Page 3 SPOKANE COUNTY PLANNIIVG DEPARTMENT 1. The proposal shall comply with the Regional Business (B-3) and Aquifer Sensitive Area (ASA) Overlay zones, as amendeti. 2. A public hearing review by the Hearing Body is required prior to any site development. The detailed site plan presented at a subsequent hearing must address concerns raised at the public heanng and address cond.itions of approval 'unposed by this hearing body. 3. Approval is required by the Planning Director/designee of a specific lighting and signing plan for the described property prior to the release of any building permits. 4. A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Planning Dii'ector/designee shall be submitted with a performance bond for the project prior to release of building permits. Landscaping shall be installed and maintained so that sight distance at access points is not obscured or impaired. 5. Direct light from any exterior area lighting fixture shall not extend over the property boundary. 6. Landscaped areas of at least 100 square feet shall be located no more than 100 feet apart along building fronts facing street right of ways. In addition, all ma}or public entrances to buildings shall be landscaped. The landscaping described above shall be Type III. Modifications to this cond.ition may be allowed if approved by the Planning Deparmaent. 7. A meandering decorative wall 36 inches in height shall be constructed along the site's Broadway Avenue frontage. A fifteen foot wide strip of T}rpe III Landscaping shall also be installed along both sides of the sites' Broadway frontage. (Modified per Hearing Examiner Committee Condition No. 1). 8. Twenty (20) feet of Type I Landscaping is required along all property lines abutting a residential zone. 9. Free standing signs shall be limited to 250 square feet in surface area and 35 feet in height. Free standing signs along Broadway Avenue shall be located near access points. Signs along Interstate-90 shall be permitted as per the sign standards of the Zoning Code, provided that any free standing sign adjacent to Interstate-90 shall be limited to 350 square feet and 40 feet in height. 10. The Planning Deparnnent shall prepare and record with the Spokane County Auditor a Title Notice noting that the property in question is subject to a variety of special conditions imposed as a result of approval of a land use action. This Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released, in full or in part, by the Planning Department. The Title Notice shall generally provide as follows: Tbe parcel of property legally described as [ ] is the subject of HEC Order for ZE-139A-76 Page 4 . _ ~ a land use action by a Spokane County Hearing Body or Administrative Official on [ J, imposing a variety of special development conditions. File No. [ ] is available for inspection and copying in the Spokane County Planning Department. 11. Any subdivision of the property shall conform to state and county subdivision regulations. 12. Prior to the issuance of building permit, the applicant shall demonstrate to the satisfacrion of the Planning Department that the owner(s) or representative(s) did negotiate in good faith with the Spokane County Transit Authority for the possible provision of facilities that would enhance the provision of public transit 13. The applicant shall comply with all conditions of ZE-139-76, except those modified herein. SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior to issuance of a building permit or at the request of the County Engineer in conjunction with a County Road Project/Road Improvement Ihstrict, whichever action comes first: 1. Applicant shall dedicate 60 feet from Broadway south to Sprague Avenue for right- of-way. 2. The applicant shall dedicate an applicable radius on Broadway Avenue and Hodges Road. (Modified per Hearing Examiner Committee Condition No. 2) Prior to release of a building permit or use of the property as proposed: 3. Access pemuts for approaches to the county road system shall be obtained from the Spokane County Engineer. 4. The applicant shall submit for approval by the Spokane County Engineer road, drainage and access plans. , 5. The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed combined on-site sewage system plan and surface water d.isposal plan for the entire project, or portion thereof, if the development is to be phased. 6. A paridng plan and truffic circulation plan shall be submitted and approved by the Spokane County Engineer. The design, location and amangement of parking stalls shall be in accordance with standard uaffic engineering practices. Pavulg or surfacing as approved by the County Engineer, will be required for any portion of the project which is to be occupied or traveled by vehicles. 7. To construct the roadway improvements stated herein, the applicant may, with the approval of the County Engineer, join in and be willing to participate in any petition or resolution which purpose is the formadon of a Road Improvement District (RID) for said improvement, pursuant to RCW 36.88, as amended. Spokane County will not participate in the cost of these improvements. TIlIS IS HEC Order for ZE-139A-76 Page 5 . - • • ~F , ~ applicable to that portion of Broadway Avenue to be realigned to and including Barker Road. 8. As an alternative method of constnzcting the road improvements stated herein, the applicant may, with the approval of the County Engineer, aGCOmplish the road improvements stated herein by joining and participating in a Counry Road Project ' (CRP) to the extent of the required improvement, Spokane County will not participate in the cost of these improvements. This is applicable to that portion of Broadway Avenue to be realigned to and including Barker Road. , 9. The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer. 10. The County Engineer has designated Typical Roadway Section Number One, Local Access standard for the improvement of Hodges Road, which is adjacent to the proposed development. This will require the addition of approxunately 40 feet of asphalt along the frontage of the developmenL The construction of curbing and sidewalk is also required. 11. The County Engineer has designated Typical Roadway Section Number ane, Local Access standard for the improvement of Broadway Avenue, which is adjacent to the proposed development. This will require the addition of varying amounts of asphalt along the frontage of the development. The construction of curbing and sidewalk is also required. 12. All required improvements shall conform to the current State of Washington Standazd Specifications for Road and Bridge Construction and other applicable County standards andlor adopted resolutions pertaining to Road Standards and Stormwater Management in effect at the date of construction, unless otherwise approved by the County Engineer. . 13. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners Resolution No. 80-1592 as amended and are applicable to this proposal. 14. No construction work shall be performed within the existing or proposed public right-of-way until a pemnit has been issued by the County Engineer. All work within the public road right-of-way is subject to inspection and approval by the County Engineer. 15. All required construction within the existing or proposed public right-of-way is to be completed prior to the release of a building permit, or a bond in an amount estimated by the County Engineer to cover the cost of construction of improvements shall be filed with the County Engineer. 16. Applicant shall sign and record Spokane County Notice to the Public No. 6 which specifies the following: The owner(s) or successor(s) in interest agree to authorize the County to place their name(s) on a perition for the formation of a Road Improvement District (RID) by the petition method pursuant to Chapter 36.88 RCW, which petition includes the owner(s) property, and further not to object, by the signing of a ballot, the HEC Order for ZE-139A-76 Page 6 formation of a RID by the resolution method pursuant to Chapter 36.88 RCW, which resolution includes the owner(s) property. If an RID is formed by either the petition or resolution method, as provided far in Chapter 36.88 RCW, the owner(s) or successor(s) further agree: (a) that the improvement or construction contemplated within the proposed RID is feasible; (b) that the benefits to be derived from the formation of the RID by the property included therein, together with the amount of any County participation, exceeds the cost and expense of formation of the RID; and (c) that the property within the proposed RID is sufficiently developed. Provided further that the owner(s) or successor(s) shall retain the right, as authorized under RCW 36.88.090, to object to any assessment on the property as a result of the improvements called for in conjunction with the formation of the RID by either petition or resolution method under ChapteT 36.88 RCW. This requirement applies to that portion of Broadway Avenue to be realigned to and including Barker Road. 17. There may exist utilities, either underground or overhead, affecting the subject property, including property to be dedicated or set aside for future acquisition. Spokane County assumes no financial obligation for adjustments or relocation regarding these utilities. Applicant(s) should check with the applicable utility purveyor and the Spokane County Engineer to deternzine whether applicant(s) or the utility is responsible for adjustment or relocation costs and to make arrangements for any necessary work. 18. This change of condirions is based on an original approval of ZE-139-76. It would appear that the applicant has approval of a baseluie trip generation of approximately 1,300 trips per day on the existing approval. Since this request is based on any use on approximately 200,000 square feet of building, Spokane County Engineering would require this applicant at time of building pennit to demonstrate through trip generarion analysis that trip generarion was not greater than the original baseline of 1,300 trips. Once the threshold of 1,300 trips is broken the applicant shall provide a full traffic analysis including mitigating measures prior to any future building permits being issued. This analysis would be done under the SEPA review process, this requirement to be implemented by the Spokane County Building Official and reviewed also by the Department of Transportanon. (Modified per Hearing Examiner Committee Condition No. 3) 19. The applicant shall comply with all conditions of approval of the original ZE-139-76. 20. If the Broadway realignment is not completed through an RID the applicant should be aware that Broadway Avenue could be nght in/right out only. HEC Order for ZE-139A-76 Page 7 SPOKANE COUNTY DIVISION OF UTILITIES 1. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 2. A covenant agreement shall be signed stating: The owner(s) or successor(s) in interest agree to authorize the County to place their name(s) on a petition for the formation of ULID by petition method pursuant to RCW 36.94, which petition includes the owner(s)' property; and further not to object by the signing of a protest petition against the formation of a ULID by resolution method pursuant to RCW Chapter 36.94 which includes the owner(s)' properry. PROVIDED, this condition shall not prohibit the owner(s) or successor(s) from objecting to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or resolution under RCW Chapter 36.94. 3. A wet (live) sewer connection to the existing area wide Public Sewer System is to be constructed. Sewer connection permit is required. (See No. 5) 4. Applicant shall submit expressly to Spokane Counry Utilities Department "under separate cover" only those plan sheets showing sewer plans and specifications for: public sewer connection are to be reviewed and approved by the Utilities Department prior to issuance of permit to connect 5. Security shall be deposited with the Utiliries Department for construction of the public facilities. 6. The Board of County Commissioners is in the process of evaluating whether Public Sewer should be extended outside the 15 yeaz construction boundary and the terms of connection/extension of public sewer if allowed. SPOKANE COUNTY HEALTH DISTRICT 1. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 2. Water service shall be coordinated through the Director of Utilities, Spokane County. 3. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. 4. A public sewer system will be made available for the project and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized. 5. Use of private wells and water systems is prohibited. SPOKANE COUNTY DIVISION OF BUILDINGS 1. The applicant shall contact the Division of Buildings at the earliest possible stage in order to be informed of code requirements administered/enforced as authorized by HEC Order for ZE-139A-76 Page 8 ~ i . • the State Building Code Act Design/development concerns include: addressing; fire apparatus access roads; fire hydrant/flow; approved water systems; building accessibility; construction type; occupancy classificarion; exiting; exterior wall protection; and energy code regulations. (Note: The Division of Buildings reserves the right to confum the actual address at the time of building pemut.) SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORTTY 1. All air pollution regulations must be met. 2. Air pollution regvlations require that dust emissions during demolition, construction and excavation projects be controlled. This may require use of water sprays, tarps, sprinklers or suspension of acrivity 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. 3. SCAPCA strongly recommends that all traveled surfaces (i.e., ingress, egress, parking areas, access roads) be paved and kept clean to minimi7e dust emissions. 4. Measures must be taken to avoid the deposition of dirt and mud froin unpaved surfaces onto paved surfaces. If traclang or spills occur on paved surfaces, measures must be ta.ken immediately to clean these surfaces. 5. Debris generated as a result of this project must be disposed of by means other than burning (i.e., construcrion waste, etc.). 6. All solid fuel buming devices (wood stoves, pellet stoves, etc...) must comply with local, state, and federal rules and regulations. 7. SCAPCA Regulation I, Article, V 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 air pollurion source. This includes any fuel fired equipment rated at greater than 400,000 BTU/hour (boilers, hot water heaters, ovens etc...). It also includes paint booths, and other sources of air contaminants. 8. Chapter 173-491 WAC requires that all new gasoline dispensing facilities with total storage capacity of 10,0()0 gallons or more must install and use State I vapor recovery equipment Prior to the installation of the storage tanks and vapor control equipment a Notice of Construction must be filed with and approved by SCAPCA. HEC Order for ZE-139A-76 Page 9 .s - . ' • ORDER The Hearing Examiner Committee, pursuant to the above Findings of Fact and Conclusion, APPROVES the application of Donwood Inc. for the Change of Cond.itions to an existing Regional Business (B-3) zone to allow a revised site plan and those uses permitted in the Regional Business (B-3) zone as described in the application ZE-139A-76, and as modified. Motion by: Toni Nersesian Seconded by: Verona Southern Vote: (2-0) UNANIlVIOUS TO APPROVE TIHE CHANGE OF CONDTTIONS HEARING EXAN2INER CO HEREBY ATTEST TO 'IBE ABOVE FINDINGS, ORDER AND VO ` ~ . ATI'EST: For WALLIS D. HUBBARD Planning Director /Ek~S B JOHNW. P N g Senior Planner DATE Pursuant to Spokane County regulations, any aggrieved party has the rigbt to appeal this written decision to the Spokane County Board of County Commissioners within ten (10) calendar days of the signing of this order. Upon receipt of an appeal, a public hearing will be scheduled. If you desire to file such an appeal, you must submit a wntten appeal, preferably on forms designed for such purpose, to the Board of County Commissioners, West 1116 Broadway, Spokane, WA 99260, along with a$210 processing fee payable to the Spokane County Treasurer. If you have any questions, please call the Planning Department at (509) 456-2205. HEC Order for ZE-139A-76 Page 10 . ~ ~ 1VIETRO ENGINEERING, INC. S. 324 Sherman LETTER OF TRANSMITTAL Spokane, WA 99202 (509) 924-9351 fax: (509) 624-8153 TO: Date: 8/27/97 Job No: 97-018 Spokane County Engineers Attention: Dorgy;us~l'~o?1 Re: mammon-M 1026 W. Broadway Drainage Repart Spokane, WA 99260 WE ARE SENDING YOU: ~ Attached Under separate cover via the following items: Shop Drawings Prints Plans Samples Copy of Letter Change Order Specifications Mylar Copies ~ Date ~ No. ~ Description 1 1 Drainage Calculations (Report) THESE ARE TRANSMITTED AS CHECKED BELOW: X For approval Approved as submitted Resubmit copies for approval For your use Approved as noted Submit copies for distribution As requested Returned for correction Return corrected prints X For review and For bids due - Prints returned after loan to us comment COMMENTS: Please call me if you have any questions or comments. COPY TO: SIGNED: ~ . Joe . Lee, P - auc 2 s i997 SPOftAKf COUirTY EMGINEER - ~ NORTH COUNTRY RV DR.AINAGE REPORT Project No. 97-018 July 3, 1997 F ~ WAS,io~ - O~ •e f 30891 ~QJ1T8R$~O~ L LEXPIRES S/211 Lf I Prepared By: Metro Engineering, Inc. S. 324 Sherman St. Spokane, WA 99202 Ph.: (509) 624-9351 Fax: (509) 624-8153 ~ PRA,INAGE REPORT Project description , The site is located on Appleway in the Spokane Valley. The proposed improvements are the paving of the parking area and related drainage improvements. There are two existing buildings on-site and a gravel parking area. Drainage analysis The soil on site is Garrison soil, per the SCS soils map (attached), which is pre-approved for the use of drywells in Spokane County. The site will have only one drainage basin. (Please reference the attached basin map. ) Runoff from the basia will drain to a"208" biafiltration swale on the West side of the existing garage. (Please reference the Site/Drainage Plan and Basin Map.) The calculations for the pond and drywell sizing are attached. ;OUNW, WASHINGTON - SHEET NUMBER 67 R. 44 E. ~ R. 45 E, (loins sheet 58) 0 ~ ~ GgA HhA • PsA n SuE 190 PsA a Ps&ANAL Churc i I ' CANAL GnB ~i • . N PsA H hA GgA r • ' GnB PACIFIC V . 'i e ox ~ GnB PsA .t , • ~ , . ~ . . . i-- . \ 6 • • 5 f ~ GgA C G86 : ' GSA . . , ~ GnB ~ • ~C . . ~ / ~ ON/►V o ~ Gm8 • ~ ~N?ERNAt~ / GnB ~ . . ' . . Ggi4 . . GnB Gm8 q /Gg8 GgA n GgA ~ „ : . . ; GnB G B , ' - ~ ~ . ~r-- - II Ftlt ~ u a i`~ Il ii " • Gg6 GgA : J Q1y ER / Gge R R h ao ii Rh G g ~ Q► SA 7 ~s GA m N GgB S ' t Rh o c . ~ GgA Sof / : „ u rr 0 q ll ~ - . , • , i C~pE'4 T G$B . GgA ' #OR7HERF N~ I ~ . Jr . 8 ~ Greenacres . . 17 - ~ ~ GgA S~} • ' CANAL ' n u t GgA pAG~F~c ~ GgAj ii ~ ~ . ANO ❑ ~ UL , u ~ ~ gt PA . UK6E ~ A (o'' MIL~ • ~ . GAC N ~ - . . _ , (loins sheet 76) 1 Mile 0 5000 Feet + Scale 1: 20 000 ~ 1 a ~ ~ ~ ~ D O r m I ` ~ ~ ~ ~ N ~ . II~ _ O N ' O . ~ . ~ e r~ ,q , o , slN ~ . n" p~ERIA' ~ r~~1. 99 t.....:. ER ~ , ' ' ili ; ~ ~ , , ~ . ~ 99 ~ rn . ~ ~ , . ~ 1,~ ~ Z . . ~2 . ~ . . o ~ ~ ~ ~ ~ ti o,y . ~ x . a ' ii Z G ~ !2 ~ . , ~ . ~ c, , ~l , ~ . o D • OD ~ . ' UI ~ D ~1 ~ . ~ - . ~ ~m y ~ ~ . ~ . . ` 2 k ~ ~ ~ ~ I ~ . ~ ~z 1 . ~~ONlSr'N~ ' I R~ ~ ~ ~1 ~ ~ ~ o c £ ~ ° ~ ~ ! ~ \ ! ~ ~ • J , ~ . . D ' ~ ~ ' , ' 0 m ~ : : ~ ~ x ~ ~ ~ ~ . o~~ ~ ~1 . . ~ ~ ~ . . , ~ ~ ~ ~ ~ ~ D ~ . ~ . , 2 ; ~ . ~ , ~1 ,ooy . ~ ~ ~ o~ ~ ~ ~ y y cC ~ ~ ~ r r ► ~h~ , { . ` ` - , ~r. a r ~ y T r ~ ~ ! ~ ~ ! ~F~ I I I ` ~ 7018SITE.DWG V: BASIN , ~ ~ n 1 IUIE ~ RO ENG_NEER_N~r, ~NC. D RA I N AG E BAS I N M A P S, 324 SHERMAN  SPOKANE, WA 99202 DRAWN BY: JKO DATE: 07/03/97 (509) 624-9351 CHECKED BY; JGL PROJECT No.: 97-018 ~ ~ ~ BOWSTRING METHOD (fEN YEAR STORM DESIGN) PROJECT: North Country R.V. DETENTION BASIN DESIGN BASIN: A DESIGNER: JGL GRAVEL BED PROPOSED DATE: 3-Ju1-97 0 Gravel bed floor length 0.00 Soil perc rate (in/hr) 0 Gravel bed floor width 0 Gravel Bed Depth Total Area (calc.) (see H1) 0.33 Time of Conc. (calc.) (see 1-11) 5.00 Composite "C" (calc.) (see H1) 0.79 Time of Conc. (min) 5.00 Anea (Acres) 0.33 C' Factor 0.79 208 Impervious Area (sq. ft.) 9887 730 Pond floor area Volume Provided (cu. R.) 208: 428 storm (total): 642 surface: 642 u/g: 0 Outflow (cfs) 0.3 0.00 Area ' C" Factor 0.26 #1 #2 #3 #4 ft5 #6 #7 Time Time Intensity Q dev. V in V out Storage Inc. Inc. (min.) (sec.) (in.mr.) (cfs) (cu. ft.) (cu. ft.) (cu. ft.) (#1 `80) (A`C`#3) (Outf.'#2) (tt5-#6) 5.00 300.00 3.18 0.83 332 90.00 242 5 300 3.18 0.83 332 50.00 242 10 600 2.24 0.58 408 180.00 228 15 900 1.77 0.46 460 270.00 190 20 1200 1.45 0.38 490 360.00 130 25 1500 1.21 .0.31 503 450.00 53 30 1800 1.04 0.27 513 540.00 -27 35 2100 0.91 0.24 520 630.00 -110 40 2400 0.82 0.21 532 720.00 -188 45 2700 0.74 0.19 538 810.00 -272 50 3000 0.68 0.18 547 940.00 -353 55 3300 0.64 0.17 565 990.00 -425 60 3600 0.61 0.16 586 1080.00 -494 65 3900 0.60 0.16 623 1170.00 -547 70 4200 0.58 0.15 647 1260.00 -613 75 4500 0.56 0.15 669 1350.00 -681 80 4800 0.53 0.14 674 1440.00 -766 85 5100 0.52 0.13 702 1530.00 -828 90 5400 0.50 0.13 714 1620.00 -906 95 5700 0.49 0.13 738 1710.00 -972 100 6000 0.48 0.12 760 1800.00 -1040 208 POND REQUIREMENT Required grassy swale pond storage volume = Impervious Area x.5 in./ 12 in.fR. = 412 cu. ft. provided: 427.8 cu. ft. OK! POND STORAGE REQUIREMENT - 10 YEAR DESIGN STORM Maximum storage required by Bowstring = 242 cu. ft. provided: 642 cu. ft. OK! north-courrtry . RATIONAL EQUATION (FLOW CALCULATION) PROJECT: North Country R.V. BASIN: A DESIGNER: JGL DATE: 3-Ju1-97 Tc (overland) Tc (gutter) Areas "C" A'C Ct = 0.15 L2 = 100 0.23 0.90 0.207 Z1 = 150.0 0.05 0.90 0.045 L1(A) = 20 72 = 50.0 0.05 0.15 0.0075 N(A) = 0.4 B= 0 0.00 0.90 0 S(A) = 0.01 n= 0.026 0.00 0.00 0 ' s= 0.010 0.00 0.00 0 Tc (A) = 2.08 d= 0.114 0.00 0.00 0 Total A Comp "C" L1(B) = 0 Tc (gu) = 1.97 0.33 0.79 N(B) = 0 S(B) = 0 Tc(A+B) = 2.08 Q=C'I'A= 0.83 Tc (B) = 0.0 Tc(tot.) = 5.00 Q(est.) = 1.10 Intensity = 3.18 A = 1.2996 WP = 22.8015 R = 0.0570 V = 0.85 Tc (total) = Tc (overlanc) + Tc (gutter) Tc(gu) = 1.97 Tc (overiand) = Ct'(L1'N/S"0.5)"0.6) Q(est) = 1.10 Ct = 0.15 L1 = Length of OveAand Flaw Holding = 3.56 N= friction factor of overland flow (.4 for average grass cover) S= average slope of overland flow Tc (gutter) = Length (R)Nelocity (ft./sec.)/60 B= Bottom width of gutter or ditch Z1 = inverse of cross slope one of ditch Z2 = inverse of cross slope two of ditch d= depth of flow in gutter (estimate, check estimate with Flow) Area = d'B+d"212'(LI+22) Wetted perimeter = B'd+(1/sin(atn(1/Z1))+1/sin(atn(1lZ2))) Hydraulic Radius = R= Area/Wetted Perimeter Veloc'rty = 1.486/n'R^.667's".5 Flow = Velocity'Area n = 0.016 for asphalt .ac °Li(:._%UV7S HL.DG 07AER # y1AII.u'~`1G ADDRES,R I-4c3 5 Z O C' . PA2c~'.:.:. PuG NE - Ho MF , RaAD vA.uE PHciNE - INcRIT , ae :cdowtng docsmeats are aeened beiore rhe S'Sooit.zne (..'Duncv Lng~:nee~; Deoartaent can oegi.n oroc:ssing .!our ~ariancz! :)r buiiaing appiicatioa a.s approved. : 509) -5 6-.;600 .kGZEE..~tT TO 'AY r~F".c.S 'lave beea c.:llec:ed. .ECJRDID COP"Y OF DEZ", DE"..'D OF 'RGS'i'., :ancrac: or conveying :nstrumenc. :sese mav ~e oocained :rom .he k'_ountv Auditor, :aa :Ioor o[ :de Courthouse. LEGAI, D ES C' =0 N o t•iour Icc.-M aasement. ~ A LISTING OF VALMXS oc :naividuaLs •vno -vii1 ')e .;iping -he docsmencs. ?'aese :ndividuai aames zti0uld aDDear ZS te oerson(.s ) _egally sip !heir same. ~ V .k C'JRREtT ASSESSOR. 'S ~ .y. .c. z ~P tu a euic.,s te :ocauoa ot •:our ~rooerrr. OPNTMBIP NIICZO•aLN. 7aese mav '-le iocainea ::rom :he CJl1IIN A.SSeSSOIS, 1st 1aor. -)i :tie Courthouse, letfersoa antrance, -'ad soar on :he :ett. ?'ae sec°ssarv ioc•sments wiil be orevared v :he Zagineer'3 DeDartmenc. Right-3t•Wav Sec:ioa. uDon provisioa ot che ~n,tormacion soced above. You wiil be nocitied :vaen che soc•.imencs are reaav tor sipanue. -i"he dcc-=eats mav oe sent :o ./ou. however. IT SHOtJI.D BE YO'rED THAT.-ki.L SIGYATTTRES 1ZUST BE YOT.kR=. ihe Lngi.neers Ceoartment cioes have aocaries avaii,aoie i.Evou choose :o sign the doc•,imenrs at our uiftcs. Please call when readv P!ease mail when reacfv .1oaca :o P,lblic ~ Right-ot Wav . . COMME:V'I'S R' +~t-ot-Wav ent ,1~ Forward co v ~ ou from . k1p~ilnocicz.:9Z After Recording Return To: Spokane County Engineer Attn.: Right of Way Department ,A F Document Title: Notice to the Public No. 6 Grantor(s):Donwood Incorporated Grantee(s): Government, County of Spokame Legal Description: Southwest Quarter (SW '/4) of Secrion 17, Township 25 North, Range 45 East, W.M., Spokane County, Washington Additional Legal Description: on page 2 Assessor's Tax Parcel Number(s): 55173.0509, 55173.0511 and 55173.0512 Reference Number: Log In Date: 05/05/98 Requested by: Busko Prepared by: K. McKeon Puipose: Permit RF No(s).: 2312 Road Name(s): Appleway SPOK:.ANE COUNTY DIVISION OF ENGINEERING Spokane County, Washington NO. 6 NOTICE TO THE PUBLIC IN THE MATTER OF RID WAIVER, AGREEMENT AND COVENANT: KNOW ALL MEN BY THESE PRESENTS, That ~ DONWOOD INCORPORATED being the owners of the following described lands in consideration of Mutual Benefits now or to be hereafter derived, do for themselves, their heirs, grantees, assigns and successors in interest hereby request and authorize Spokane County to include the below described property in a Road ' Improvement District (RID) and to support the forrnation of a Road Improvement District for improvement of the road(s) described below by requesting and authorizing Spokane County to place their name on a petition for formation of a Road Improvement District pursuant to RCW 36.88.050, or by requesting and authorizing Spokane County to cast their ballot in favor of a RID being formed under the resolution method pursuant to RCW 36.88.030, and/or by not filing a protest against the formation of a RID being formed under the alternative resolution method provided for in RCW 36.88.065 and Chapter 35.43 RCW. If an RID is proposed for improvement of the road(s) described below, said owners and successors further agree: (1) that the improvements or construction contemplated within the proposed RID are feasible, and (2) that the benefits to be derived from the formation of the RID by the property included therein, together with the amount of any County participation, exceed the cost and expense of formation of the RID, and (3) that the property within the proposed RID is sufficiently developed; provided, themselves, their heirs, grantees, assigns and successors shall retain the right, as authorized under RCW 36.88.090, to object to any assessment(s) on the property as a result of the improvements called for in conjunction with the formation of a RID by either the petition or resolution method under Chapter 36.88 RCW and to appeal to the superior court the decision of the Board of County Com.missioners confirming the final assessment roll; provided further, it is recognized that actual assessments may vary from assessment estimate so long as they do not exceed a figure equal to the increased true and fair value the improvement(s) add(s) to the property. It is further acknowledged and agreed that at such time as a RID is created or any county road improvement project is authorized by Spokane County, the improvements required shall be at the sole expense of the owners of property within the RID or served by the improvements without any monetary participation by Spokane County. . 1 ' The RID waiver contained in this agreement shall expire after ten (10) years from the date of execution below. The above conditions and covenant apply to the following described property: PORTION OF ASSESSORS PARCEL NO: 55173.0509, 55173.0511 AND 55173.0512 Lots 9 and 10 in Block 4 of CORBIN ADDITION TO GREENACRES, as per plat thereof recorded in Volume "S" of Plats, Page 30; - EXCEPTING THEREFROM the West 88.00 feet of Lot 9, Block 4; EXCEPT any portion lying within the following described tract: Beginning at the point of intersection of the West line of said Lot 9 with the North line of Primary State Road No. 2, Vera to Liberty Lake Junction, as now esta.blished; thence Northeasterly along the North line of said right of way to a point which is 100.00 feet East of the West line of said Lot 9, measured at right angles thereto; thence running North and parallel with the West line of said Lot 9, a distance of 125.00 feet; thence West 100.00 feet to its intersection with the West line of said Lot; thence South along said West line to the point of beginning; TOGETHER WITH that portion of abandoned Greenacres Irrigation Canal lying North of and adjacent to the property herein described: EXCEPTING THEREFROM any portion of the herein described property lying within any roads, streets or highways; SUBJECT TO conditions, restrictions, reservarions, and easements of record and all use and zoning regulations. This Agreement applies to the improvement of Appleway, RF No.2312 by grading, draining, surfacing, curbing, paving, sidewalk construction including traffic control facilities and related work. These requirements are and shall run with the land and shall be binding upon the owners, their heirs, successors or assigns. IN WITNESS WHEREOF, the undersigned has causetl this instrument to be executed on this day of , 199 . By: By: STATE OF WASHINGTON ) COUNTY OF SPOKANE ) ss I certify that I know or have satisfactory evidence that (is/are) the individual(s) who appeared before me, and said individual(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he/she/they) (was/were) authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of , 199 . ' NOTARY PUBLIC In and for the State of Washington, residing at Spokane. My appointment expires . rosw*lcylodom+.rooeufitm 2 a , TRANSNATION TITLE COMPANY . . Phone :(509) 922-2222 Fax :(509) 89 1-6835 PREPARED FOR: PREPARED BY: CS Rep: JoAnn Gordon Curry Date : 05/06/98 Gordon Curry and Co. Time : 11:09:42 14313 E. Trent Report: Single Parcel Spokane WA 99206 Sort : Parcel Number Count : 1 * SEARCH PAR.AMETERS * * ITEMS SELECTED INDEX USED * * * * 55173 0512 Parcel Number * * 55173 0509 * * 55173 0511 * PL EA SE REMEMBER TRA NSNA T/ON T/TL E WHEN PLA C/NG YOUR T/TL E ORDER . TRANSNATI4N TITLE COMPANY S P O K A N E P R O P E R T Y P R O F I L E I OWNERSHIP INFORMATION ~ Parcel :55173 0511 B1dgNo:1 Total :$122,800 Owner :DONWOOD INC Land :$108,900 CoOwner : Struct :$13,900 Site :19223 E APPLEWAY AVE GREENACRES 99016 %Imprvd:ll Mail :502 N GLENN RD SPOKANE WA 99206 School :SD356 Phone :509-924-2559 Exempt : Map/Grid: Type . Bldg Use: TaxDist:CENTRAL VALLEY NrbrhdCd:GRNAC 1997 Tx:$1,951.00 Land Use:5240 COM,FLORIST,GREENHOUSE TaxRate:.016485900 Legal :CORBIN ADD TO GREENACRES L9 B4 EXC S:17 T:25 R:45E Q:SW :HWY & EXC BEG AT INT O F N LN OF Census :PSH ##2 & W LN OF L9 TH E TO PT 1... Tract 131.0 Block 2 TaxPayer:DONWOOD INC ~ PROPERTY CHARACTERISTICS Bedrooms : LivableSF: Lot Acres :10.00 TotlBaths:1.00 Gross SF':1,056 Lot Sq Ft :435,600 HalfBaths:2 Bsmt % . Lot Dimens: Fu1lBaths: BsmtFin o: Garage SF : Air Cond : Stories :1 Garage . Heating . Attic . Deck SF . HeatSourc: Quality :FAIR Patio SF . Fireplace: Condition:AVG Porch SF . Rng/Oven : Bldg Matl:STL FR.AME IRRTax :$231.40 TrashComp: Style . SVJTax :$46.00 Dishwshr : RoofCover: FLTax . GarbgDisp: RoofShape: AQTax :$30.00 Intercom : Ext. Wall:PLYW00D Year Built:1950 Vacuum . Interior : Total Units: F1oorCovr: Foundatn : ~ TRANSFER INFORMATION ~ Sale Date :11/20/81 E Tax#: Previous Sale:11/20/81 Document #:1832 Loan . Previous $ :$85,000 Sale Price:$85,000 Type . Pr pocument: Deed Type : Lender: Seller:DONWOOD INC The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ~ TRANSNATION TITIE INSURANCE COMPANY This sketch is provided, without charge, for your ^,1 ~ intormation. It is not intended to shoyv a!I mAt+.ers , ~ 3 ^ ti related to the property mr.ludine, bid nnt limitecI to, area, Aimens+ons, easements, enr,mi~rhmrats, or 6 3S, SQ ~ locatfon ot boundaries. It is nnt nart of not Aoes it , A9@d,"k#E$BP.4FRi~(R@F#Z-Qi-~~,F wh r 11 S ~ ~ ~ ~ I ~ ~ ~ • 6 .5~.9. ~ ~ atteched The Company assumes IVO LIA ! fgr erry matter related to this sketch. Reference oi Id be made to an accurate survey for (uRher i ormation, 5 ti I~ a ~ v ..9 . . ~ Vt.~ - ~ s E - . ~ - ~ •I oO 101 ' C. d• ' ~ a)'/L~ ^ ' ti ~ 4 ~ _ ~ { . I~ I : • ~~4~ ~ ~ *9 VC.~• O , 'Ak O °j rA ~ . ti ~j ~ , ; ~ N 7 ~ ~ D2- % ,V ' ~ C.~o: ~ t~V > , . ~ ~ , •9 11t v ~ ~ ~A-o t,.;,~.•... . i 5~ n ' ~ ~ ~r'~ • ~ ~ • O ~ ~ ~~2.(~ ~00•2. 12,1 ZQZa ~ ~r ~~I~~ 'O i 1 • ~ ~ ~ ~ ~ ~ a ~ Q ~ J~ i/ ~ ( 3 p ~ ~j ~ ~s.,~,~`.~' \ 0', nz x ~ . / y Id -S C~ ~ . ~ . . Si 0 N~o ~ q 71 , A ~ ' i ~ ~ V~ ~ i . 0/- ; , ~ ~ <<' . ~ • ~ f ~ L p~ ` ~ Dot.• - ~ ~ . . . ~ J'~' ► . _ , :C, ~ - rool CP ~ u;*~ I ~ . . • . . .....r•...I..~a..• . . . . ♦ .7.• . . • ~ . ~ ( . uvn+us siµv3 IMIS S►ACEfRESERVfR~lef ykQdiDtR'S US[ PIONEER NATIONAITITIE INSURANCE VIt Eq piZ It MW1C'oUVANY , r^ Filed for Record at Reouest of REOU~s'' J".•`~•",,~~ - - - JAK 31 a 3'3 411 CorUon Curry w~~ t ' • • 14.i13 Last '1'rent Avenue Spokane, Washington SPO K n n I, c 1; . • 9401310022 PAGE2'7 - . ~o~w LOe Statutory Warranty Deed . T11F GRA\TOR g C.I:QR(;E; R. WELC![ And MARY FIAOD 141iI.Ct1, husbanJ and wiEe. tor and in tonsideration o( Ten Dollura and other vuluablc conyiclerations. •.in haal Paid, conveys and warranls lo DQNWOOD. INC. ' , . the following dexribcYl rcal eslate, situaled in the Counly of Spokane ~ Slale of 1Vashingion: Lqty 9 And 10 in Block 4 of GO~13T.H-@0I11_Q11 TO C,Rj!CNAC$'., as per . plAt thereof recorcfed in Volume "S" of Platg, pnge 30; v`'.. EXCEPTIN~'G~jT1iEREFROM the West 88 feet of l.ot 9, Block 4; , EXCCPT any portion lying uiChin the following ~ clescribed [ract: Beginning at the point of - / inCersection of the Weat line of seici Lot 9 with ; the North line of Primary State Road No. 2, Vera ' to T.iberty i.ake Junction, ua now eatablistied; • i. thence Northeusterly along the Nortli line of i• said risht of Way to a point which is 100 feet ~.P.ast of the Weat line of sAid Lot 9 measured nt right anglea thereto; thence running North ' and parallel witli the Weet lino of enid I.ot 9, n diatatice of 125 feet; tlicnce 1•Jeat 100 feet to ~ ita 1iiterecction with [he Wcet line of 8a1c1 l.ot; ' ' tlsctir.c South ulonp, eAld IJudt linc Co the point of _lacginning; nCl:7'~t NTTtL;~tI►at portion of aUuiidoncd Cceenncrea Irrigntion Cannl , ly1n4 Nortli of and aJ)ucent to [he property Iierein desccibed: ~ .e'FX6I?l'TINt~t' TIIF.REFROM any portion of the hereln described property lying , i1ilnJany ronds, strce[y or higt►auye; ~ SUI)JCCT TA: CondiCions, restrictiona. reaer'vationa und easements of record nnd all : tise ana zonin Qgulntio~ n~ 1 I)ated this sY of Navember, , 1981 ; 1; rAci.. TOZ a+ r.w~ Pd !)..I 704 n°' ~ ~0(fEAL) U(1rt K, Ca 1t~1 q- ~ STATE OF WAS}11NGTON, ~ . s~. Cuupty of Spokane ' On this day personally appeared before me CEORCE R. WELCIi t►nd NARY FLOOA WELCt(. husband and ; wife . lo me known to be the individual s dexrilxd in and whu executcd the viilhia ar.d (oregoing instcument, and • ~ ackaowlcdged that they signed the same as thelr (rcc and voluntary act aod deed, for the ~ uses and purroses therein mentioned. ~ • GIVCN under my hand and otficial seal this i{ay-o!_., IluvcmbuT~]~!R1. • . ~ . e ~ ~