Loading...
ZE-53-76 (2)1 AGENDA, JULY 9, 1976 SPOKANE COUNTY PLANNING COMMISSION Time: Place: (NOT$�CHANGE OF HOUR) ZONE CHANGE 2. .1-5' L'i3 ,7/6flR Gricted Industrial to Residential Office id (Continued from June 11, 1976 Hearing) a. Location: • c . d. e. f. g. b. Applicant: Site Size: Existing Zoning: Proposed Zoning: Proposed Use of Property: Application of Zoning Provision: EL. 2014 . tt ' (19 121 122 ft3 NIXON •1A1•4 AVE S Rlv ER5l02 EL. 1988 1 ROAD N2 MILWAUKEE RAILROAD ;ar SIXTH e-rH 7TH 11 rH 0 9TH 10TH ^ I SEVENTH EV DJ III 112 1131 3TH IOTH N z 2 D AIN EIGHTH AVE. Iv 1 i6 . .. II( Iii 10TH Y '1 I ITH Y}, TELEPHONE NO.: 456 -2274 AppEALED Friday, July 9, 1976, 1:30 P.M. Conference Room A, Court House Annex (TJse Mallon Avenue entrance) Section 21, Tovmship 25 N. ,Range 44,E.W.M. The East 100 feet of the W 1/2 and the West 120 feet of the E 1/2 of Block 169 of Opportunity lying south of Second Avenue. Terhaar - Christensen Investments c/o Intermountain Investment Corporation South 510 Wall Street Spokane, Washington 99204 Approximately 30,800 square feet Restricted Industrial, established May 31, 1955 Residential Office Apartments Chapter 4.21, Section 4.21 .040 - 19 - A nal `l�l 0 V 54-21,2- Q NO SCALE /" : 1000 !/ J it(,..,aountain Investme; Jorp. • Cooper George Bldg., 510 South Wall, Spokane, TVrl 9204 �. (509) 838 -6556 B 6 74. . RECEIVED Jl1L2 1- t COm PLANNING CQ(11MISS4ON Honorable Board of County Commissioners Spokane County Court House Spokane, Washington 99201 RE: ZE -53 -76 July 21, 1976 ReC a 1 VEli JUL 211976 Cflw . COMMISSIONERS Gentlemen: The Spokane County Planning Commission, at its July 16, 1976 meeting, approved the zone change from Restricted Industrial to Residential Office. We appreciate this action, however, appeal two of the conditions, and would like to make you aware of the reasons for this action. OVERVIEW: The area generally bounded by Sprague on the north side and the rail- road tracks to the south, and located between Bowdish and University was initially , zoned Commercial north of (proposed) First and Restricted Industiral south of (proposed) First. This zoning arbitrarily bisected ownership property lines in anticipation of the dedication of First and in anticipation of the type of development in the area. During the intervening years First has never become a reality, however, two changes have taken place. 1. University City as a regional shopping complex has been created, in part be- cause utilization was available of the total area lying between Sprague and the railroad. The need satisfaction of this complex is substantiated of not only the area west of University, but also indicated by its expansion across University to the east. The areas in the path of this continued development will probably eventually be converted to this same utilization, which was obviously NOT in the concept of the original zoning action as restricted industrial. The restricted indus- trial zoning would indicate a heavy weighting to locational proximity of the railroad track and its anticipated usage by these future businesses, which has never occured. 2. Second Avenue, running westward from Bowdish 326.43 feet is a reality. The County engineers have determined that they would like to continue this street Real Property Development Tax Sheltered Programs Honorable Board of County Commissioners Page 2 July 21, 1976 westward in lieu of (proposed) First, thus bisecting the area on an east /west line, which on a practical basis will eventually end up dead -ended against University East because of the way this complex has been developed. Any attempt for a development in this area that has required a zone change from Restricted Industrial and /or Commercial has thus met with the condition on the part of the engineering department that Second be dedicated, thus forcing development of the area within the confines of existing zoning that has specific preclusions such as multifamily housing. CONCLUSIONS: 1. At the June Planning Commission meeting I suggested that consideration be given to the Restricted Industrial zoning of this total area by the Planning Commission because the area was obviously developing in a different usage. I was advised this was being done, however, this fact did not resolve our immediate problem, the need for a zone change to accomplish our proposed development. 2. In consultation with the planning staff I advised them we would like to plan the "Halpin Corner" development from Sprague to the railroad on a long range basis similar to University City. As part of this request, we would like to request that: (a) the west 120 feet of Second be vacated, thus tying in the west 120 feet south of Second with the same ownership and (b) building a complex on the area south of Second to be used as an apartment complex and eventually to be converted to offices. The warehouse building adjacent to Second and fronting on Bowdish had been acquired about 1 1/2 years ago. Usage as a warehouse was continued and pro- posed usage as store /offices is contemplated at completion of rent -up of the retail complex lying adjacent to Bowdish to the east. SUMMARY: 1. We were advised that it was highly unusual to request a zone change from a more intensive zoning to a less intensive zoning. The specific preclusion of apartments was referenced to. 2. We were advised the County engineers would not vacate Second. When we advised that the land owner to the west would approve a road vacation request, we were advised that regardless of the wishes of the property owners the engineers wanted to retain the of way wanted to continue extending Second to the west. Honorable Board of County Commissioners Page 2 July 21, 1976 3. The present planning staff is struggling to accomplish ordinance requirements in an orderly fashion which, through no fault of their own, is causing in- efficient and uneconomic usage of their time and everyone elses because of this continued obsolete zoning. 4. In order to build this complex as a 20 unit apartment, we are being required to purchase the adjacent 84 feet to the east, have a petition re- signed by the same people who have already approved our initial petition. Then, when we have converted 5 or more apartments to offices, we may sell this same 84 feet back to the original ownership. APPEAL: 1. Please allow us to build a 20 unit apartment on the site under consideration as proposed. 2. Evaluate the need for Second, and if the property owners can work out favor- able programs (see attached letter), also let us vacate Second. Sincerely, /Intermo ntain I eestmen Co��rporatio CWW /clh Enclosures (2) c CuylerW. Weriberg President r AGENDA, JUNE 11, 1976 SPOKANE COUNTY PLANNING COMMISSION Time: Place: 5. ZONE CHANGE ZE- 53 -76, Restricted Industrial to Residential Office a . Section 21, Township.25 N., Range 44, E.W.M. The East 100 feet of the W 1/2 and the West 120 feet of the E 1/2 of Block 169 of Opportunity lying south of Second Avenue. Terhaar- Christensen Investments c/o Intermountain Investment Corporation South 510 Wall Street Spokane, Washington 99204 Site Size: Approximately 30,800 square feet Existing Zoning: Restricted Industrial, established May Proposed Zoning: Residential Office Proposed Use of Property: Apartments .Application of Zoning Provision: Chapter Location: b. Applicant: c. d. e. f. g- L i MAIN > ,y RsvER510E ,I EL. /95 TELEPHONE NO.: 456 -2274 NOTE CHANGE OF HOUR Friday, June 11, 1976, 1:30 P.M. Conference Room A, County Court House Annex (Use Mallon Avenue entrance) 4.21, Section 4.21.040 • 3 1955 Ho In sous i Mao' ca r or 11 • 76 918 BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY: WASHINGTON FINDINGS AND ORDER REGAR ING ZONING MAP PROPOSAL, ZE- 53 -76, RESTRICTED INDUSTRIAL TO RESIDENTIAL FFICE: TERHAAR- CHRISTENSEN WHEREAS, the Spokane County Planning Commission did, after public hearing on July 16, 1976, forward to the Board of County Commissioners a recom- mendation that the Zoning Map be changed from the existing Restricted Industrial to Residential Office zone classification on property described as follows: The E 100 ft of W 1/2 and the W 120 ft of E 1/2 of Block 169 of Opportunity lying S of Second Avenue in Section 21, Township 25 N., Range 44, E.W.M., Spokane County, Washington . and, WHEREAS, the applicant before the Planning Commission, Intermountain Investment Corp., Cuyler W. Wenberg, President, request a hearing before the Board of County Commissioners to present evidence and testimony in opposition to certain conditions of the Planning Commission's recommendations ,byletter dated July 21, 1976, and WHEREAS, the Board of County Commissioners did hold a public hearing on August 26, 1976, to consider the recommendations of the Planning Commission and testimony and evidence of the applicant and other interested parties, and WHEREAS, at said hearing opportunity was afforded those favoring and those opposing the above- described Zoning Map proposal, the Board of County Commissioners of Spokane County having fully considered the testimony given, the records and minutes of the Planning Commission, the environmental assessment, and all other evidence presented; and having personally acquainted themselves with the site and vicinity in question does hereby find: 1) That the advertised property is not sufficient in size to accommodate the applicant's requested twenty (20) apartment units. 2) That the request to waiver such Zoning Ordinance standards is the responsibility of the Zoning Adjustor and /or the Board of Adjustment and not this Board. 3) That the applicant claims ownership or control of properties to the North of the existing Second Avenue. - 4) The realignment of Second Avenue to the south could ultimately combine sufficient lands to provide for twenty (20) apartment units if an additiond rezone is applied for and approved by the Planning Commission. NOW, THEREFORE, the Board of County Commissioners does hereby order that an appropriate resolution be prepared to reclassify as RESIDENTIAL OFFICE the property described above, subject to the conditio rs as contained in the Planning. Commission's staff recommendations dated July 16, 1976, which were submitted to the Board of Spokane County Commissioners on July 29, 1976, except that in connec- tion with the above the findings, the Board does hereby amend the Planning Recomenda- tion's #2 and #3 to read as follows: 2) Prior to release of building permits, the applicant shall give the County Engineer written assurance that the owner(s) of the advertised property will either: a) Dedicate a five (5) foot strip along the existing 2nd Avenue and improve said street to Spokane County Engineer's standards , or b) _ Dedication and improvement to Spokane County Engineer's standards of a satisfactory realignment of 2nd Avenue along the southerly boundary of the advertised property. NOTE: Said realignment must contain reasonable curves to accommodate local truck service traffic. In either case improvements must be pursuant to Condition #3 of the Planning Commission recommendation as herein amended. Improvement to Spokane County standards of Second Avenue along the project perimeter, easterly to Bowdish. Such improvements shall include paving, curb, drainage control and thirty (30) feet of paving east to Bowdish. ATTEST: VE By: DATED this Deputy N W. OH of the Bo BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Inter - office Communication 1 /O C T• From Subjec• Form 327 -C R OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON 19 YZ. Da *4 • C 1..n - . , cL c- ""c"`" j. ^ �F ) — G•r.r l� r-e_c `f_ 1 -2Ge-1) , h a 4 7 cJ A ZONE CHANGE 5. ZE -53 -76 -- RESTRICTED INDUSTRIAL TO RESIDENTIAL OFFICE: TERHAAR - CHRISTENSEN INVESTMENTS Planning Commissi on Recommendation: Continue 2E- 53 -76. to Tulv hearing: (Vote was unanimous.) A. REASONS: MINUTES JUNE 11, 1976 1. To allow the applicant ample time to resolve the dwelling unit density problem. B. STAFF ENVIRONMENTAL REVIEW: As required in WAC 197- 10 -32, the staff of the County Planning Commission reviewed the onvrionmentai checklist submitted by Mr. Cuyler W. Wenberg in behalf of Intermountain Investment Corporation for a zone change. The proposal is located approximately in the NE 1/4 of the NW 1/4 of Section 21, Township 25 N., Range 44, EVVM, north of the Milwaukee Railraod right of way, 150 feet W of Bowdish Road. The proponent is requesting that 0.7 acres of land currently zoned Restricted Industrial be changed to Residential Office to allow the construction of a 20 unit apart- ment building. The site is a relatively flat terrain and is currently covered by unmanaged grassland vegetation. The staff has reviewed an environmental checklist and finds that, although there are effects in terms of increased motor traffic and adverse conditions incidental thereto, as well as an increase demand upon public services and utiliti es, the size of the development in relation to the available services is such that no significant impact is expected. Therefore, the staff concludes that an EIS is not necessary and that a Declaration of Non - Significance be issued. C GENERAL DATA: 1. Location: Section 21, Township 25N., Range 44, EWM The E 100 feet of W 1/2 and the W 120 feet of the E 1/2 of Block 169 of Opportunity lying S of Second Avenue 2. Applicant: Terhaar - Chrlstensen Investments c/o Intermountain Investment Corporation South 510 Wall Street Spokane, WA 99204 - 53 - ZE -53 -76 -- RESTRICTEdDINDUSTRIAL TO RESIDENTIAL OFFICE: TERHAAR - CHRISTENSEN INVESTMENTS (continued) 3. Site Size: Approximately 30, 800 Square feet 4. Existing Zoning: Restricted Industrial, established May 31, 1955 5. Proposed Zoning: Residential Office 6. Proposed Use of Property: Apartments , 7. Application of Zoning Provision: Chapter 4.21, Section 4.21.040 - 54 - n RIGHT OF WAY DEED KNOW .ATT.1ED; BY tE:SE PRESENTS,. That Terhaar- Christensen Investments, by Frank Trehaar and 17az T ne erhaar, his wire, and C fl ; c +o., a„ra Pnsa Marie Christensen stensen , his wife, of the County of Spokane, in the State of Washington, in consideration of' the benefits and other valuable considerations, and the sum of One and no /100 Dollars, paid them by the County of Spokane, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey unto said Spokane County,. the following described parcel of' land, situated in Spolame County, in the State of Washington, to-wit: - ' :t-l.t. i 2 I;...d fcc. —w4€k �:: Gi_ ° e of Odle . - -- - --- ---. __. :J ••o .... <.a ...._.1 ... .... L Jt ref the e l wft... .._. 1�.... ...5..... .....i�. c_ _ ♦ ..._. _ .-._. ➢ 'lot! 'or the cdo:e mentioned ra79, .r e "_c °r " ^ field n `___ 2-2 = `.he f_f_c_c' Flat there f n file . ,�ffit f tic Cp !' C oex. t° Ergieer "r ^nr anrnr% That portion of Block 169, 0 ?PORTUNITY lvin2 within a 40.00 foot wide strip of land beine 20.00 feet on each ,side,of the following described roadway centerline. Beginning at a point is ° • On the cente-rtine of 2nd Avenue said point being on the East line of and 27.30 feet the South line of said Block 169, thence; South 39° 48' 45" Wes along”the centerline of 2nd Avenue. a distance of601 to the true point _. of beginning, said point being the P.C. of a 60.00 foot radius curve having a central angle /zJ 42' 25" Let, thence; along said curve, a distance of 93.94 feet to the P.T. of said curve, thence; South 0° y � �7�[ lest, a distance of 13.09 feet to a point. said point being the P.C. of a 60.00 foot radius curve having a central angle of 39° 4P' 10 "Right, thence; along said curve, a distance of 93.90 feet to the P.T. o! aid curve, thence; South 89` 46' 30" West, a distance of 100.66 feet to the terminal point of said line, said point being 20.00 feet North of the South line and 426.43 feet West of the East line of Block 169, OPPORTUNITY. EniasTexaompt Dee -� o7 -- 1?7 -/A- i4 j yy _ , , r-. � J:e��l S 0 _ forever. day Form 655R ZS 5374 IN THE MATTER of the 7 C (/ 7a ;11 :4;:u3'71 SECOND AVENUE veL. 294 PAGE 325 No. 1340 -9 of Section 21 , Township 25 North, Range 44 , E.W.M. TO HAVE AND TO HOLD the same, unto the said Spokane County for the purposes of a public road 1I• ri In `ttie §�9��,7u:r� f i. 1 have hereunto set - li �--/ hand and seal_ this f l ~ 1970. J • • t i • • ' ' • • ;. • gr. • • • c' ; • • • ' ' ' ' '‘ '4; I • s z. cd-0 s o , ..•••• P•cn • • A . \ . • „ ce .1. •••• ) .P•v,.- 4 \t- . ...-...• ..„ -4,-,., - . : .., 7“-.4. -- ) -- k Co °\ ‘ ot) . 3 La, „c-7,..,.. .1. .. , k . . ., , ....., ; • - ' -• -./ ; . .% t \.?....._...- ‘ 'R.. -e..-.A.4.3- . . •r_ \ . , 4 . . I • .• . : • • . • 0 Sp • I, ..!,• 2.. I • . • • . • • r t L I • n'.. 1 0 . 2.i ': ' ...' ' Pr ''. P " .. (ET CR:t[a..":1? 1 kje 'CA 4 • . •• • . • + • . T if ...?' I ', ,,,, ''''••,<;) ...• "4 11:1. 7 • f • • • .4; . .., . , . .. . . : • • . . • , • - • • • • - • - . , 4 / ' .1„/ 6 " a -;" - u9,;. .cv ; • `Pca • S TtQ \ ;1/4, \A_ 4 ?-rz.c. 1/4 . %. ••;•', 1..••.. ; . • ; . • • : cb. 4n • c..1 . *, \ • ifq) • • • 7 I d •• - • 1.•-•'17;tr./“OV • ' • ..71% \ 0 0 .... , • k .v,-0-4. 2 .• • : •••: 1:: >"? .• • .. bt::111 ; ■.; - • •.; A ¢ • e ••• ; 1•••‘ •;,;;;.; ''); 4.1 1: vi....\ • . • , I , • ,- . .:„ . „.. , .. . ./ • , _ „. Ca 2. . •-•. • ••• \ . r.••':•••?•••:: •• !':' ;(r ,;...,;. .; " , , • ; ,„, )1 • (;) .‘,,,,„, ‘, ..., , 0 ,,,\ * .... 1/415 , \x_. -.;„... "E-c..........,"1,-- \ *„ .........b.. , r . . fa ' t 7, 1 $ , ?all r V.11 :Ng Pir *MT; " 4 • VII 1,:" iC .., rt It i 1 a ty .-", a ' :t A' ■''. 4: . ' . , .: :Ir , . . • , . „ .:'.', :.?.' L . s . . ' '' .. .°,. ,.' , . ' c , r IL , I. , ' .. I..: A 7 ' . e '1 • ...-:....,- 4 .. ,.."; .. t .z. ;,..,._ ....-....' 1 i' \ ':.1 -a ezi e•-•...*--ler• , . \--it \i•-e-ii.. c.......,--N-4-, \ ' ' ..4' • •••••:' N. -•-•!.: ' ' ' ' • ' " ''' • '-: . • •••,--s......- - ti ..---...-,..- . 1/4-4 4.4...:_q_••••!--""s . - ,•, 7,..,, 1 .,-, ,, ,,... :Y :: I' -:: . b , .. . ., ...• r t • . .• ...- :;.•j•,.• c'hirs'e-- ..; ,. ••'-•;. .••• -../..: ..1 4,... •,L...,..g...4".4 •,....,,,k ts.'" • oci . • , • • ••• • • • ILIN•.9.tpo , , • 4 , • •4 1 q \ •‘" • ' . • • „ „ \ --%• 9. • c, _ 4 e-s-j V7-4;r4ra-HiL'i;.?:; C: - Cabk.Th •tt 44.. ■ ' t ;4.) • • f.,••• ; 2•P:(•:' • • ' , .1. • . • ' • • • ; - • • ;„•;'• •••, • • - / L , ;, ? ; •• 4 ' al H c W,41 r )untaiu.Inve.stmen,. Jorp. Cooper George Bldg., .510 S'outla 11 Spokane, WA 99204 (509)838 -6556 RECEIVED JUL2YO 1-'uAn4Vt. CU(J I V PLANNING COMMISSION July 21, 1976 54-21 JU C 2 1 1976 COUAry COPRIISSiONERS Honorable Board of County Commissioners Spokane County Court House Spokane, Washington 99201 ('E- 53 -76} Gentlemen: The Spokane County Planning Commission, at its July 16, 1976 meeting, approved the zone change from Restricted Industrial to Residential Office. We appreciate this action, however, appeal two of the conditions, and would like to make you aware of the reasons for this action. OVERVIEW: The area generally bounded by Sprague,on the north side and the rail- road tracks to the south, and located between Bowdish and University was initially zoned Commercial north of (proposed) First and Restricted Industiral south of (proposed) First. This zoning arbitrarily bisected ownership property lines in anticipation of the dedication of First and in anticipation of the type of development in the area. During the intervening years First has never become a reality, however, two changes have taken place. 1. University City as a regional shopping complex has been created, in part be- cause utilization was available of the total area lying between Sprague and the railroad. The need satisfaction of this complex is substantiated of not only the area west of University, but also indicated by its expansion across University to the east. The areas in the path of this continued development will probably eventually be converted to this same utilization, which was obviously NOT in the concept of the original zoning action as restricted industrial. The restricted indus- trial zoning would indicate a heavy weighting to locational proximity of the railroad track and its anticipated usage by these future businesses, which has never occured. 2. Second Avenue, running westward from Bowdish 326.43 feet is a reality. The County engineers have determined that they would like to continue this street Real Property Development Tax Sheltered Programs 1 Honorable Board of County Commissioners Page 2 July 21, 1976 westward in lieu of (proposed) First, thus bisecting the area on an east /west line, which on a practical basis will eventually end up dead -ended against University East because of the way this complex has been developed. Any attempt for a development in this area that has required a zone change from Restricted Industrial and /or Commercial has thus met with the condition on ' the part of the engineering department that Second be dedicated, thus forcing development of the area within the confines of existing zoning that has specific preclusions such as multifamily housing. CONCLUSIONS: 1. At the June Planning Commission meeting I suggested that consideration be given to the Restricted Industrial zoning of this total area by the Planning Commission because the area was obviously developing in a different usage. I was advised this was being done, however, this fact did not resolve our immediate problem, the need for a zone change to accomplish our proposed development. 2. In consultation with the planning staff I advised them we would like to plan the "Halpin Corner" development from Sprague to the railroad on a long range basis similar to University City. As part of this request, we would like to request that: (a) the west 120 feet of Second be vacated, thus tying in the west 120 feet south of Second with the same ownership and (b) building a complex on the area south of Second to be used as an apartment complex and eventually to be converted to offices. The warehouse building adjacent to Second and fronting on Bowdish had been acquired about 1 1/2 years ago. Usage as a warehouse was continued and pro- posed usage as store /offices is contemplated at completion of rent -up of the retail complex lying adjacent to Bowdish to the east. SUMMARY: 1. We were advised that it was highly unusual to request a zone change from a more intensive zoning to a less intensive zoning. The specific preclusion of apartments was referenced to. 2. We were advised the County engineers would not vacate Second. When we advised that the land owner to the west would approve a road vacation request, we were advised that regardless of the wishes of the property owners the engineers wanted to retain the right of way and wanted to continue extending Second to the west. Honorable Board of County Commissioners Page 2 July 21, 1976 3. The present planning staff is struggling to accomplish ordinance requirements in an orderly fashion which, through no fault of their own, is causing in- efficient and uneconomic usage of their time and everyone elses because of this continued obsolete zoning. 4. In order to build this complex as a 20 unit apartment, we are being required to purchase the adjacent 84 feet to the east, have a petition re- signed by the same people who have already approved our initial petition. Then, when we have converted 5 or more apartments to offices, we may sell this same 84 feet back to the original ownership. APPEAL: 1. Please allow us to build a 20 unit apartment on the site under consideration as proposed. 2. Evaluate the need for Second, and if the property owners can work out favor- able programs (see attached letter), also let us vacate Second. Sincerely, /Intermo ntain Iryvestment Corporatio Cuyler'W. Wenberg President CWW/ cl h Enclosures (2) e' • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER CONCERNING ZE 53 ) RESTRICTED INDUSTRIAL TO RESIDENTIAL ) NOTICE OF PUBLIC HEARING OFFICE, TERHAAR CHRISTENSEN INVESTMENTS ) NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Spokane County, Washington, will hold a public hearing at 2:00 P. M., on August 26, 1976, at their office in the County Courthouse, to consider the above mentioned preliminary zone change on property located in: Section 21, Township 25 N., Range 44, E.W.M. The East 100 feet of the WI and the West 120 feet of the E} of Block 169 of Opportunity lying South of Second Avenue. NOTICE IS FURTHER GIVEN any person interested may appear at said hearing and present testimony either fdr or against the recommendations of the Spokane County Planning Commission. BY ORDER OF THE BOARD this 2,9k day of - Ju:l.y. , 1976. VERNON W. OHLAND Cle.ck of the Board sanne Montague, Deputy Clerk BY BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 86 0962 IN THE MATTER OF THE VACATION OF SECOND AVENUE COUNTY ENGINEER'S ROAD FILE NO. 2603 ATTEST: IAM E. DON tE RK OF THE D E P U T Y RESOLUTION - VACATION This being the day set for the hearing on the County Road Engineer's Report on the proposed vacation of SECOND AVENUE, proceedings for which were initiated by Preliminary Resolution No. 86 -0916, and it appearing to the Board on proof duly made that notice of the hearing was published and posted in the manner and for the time required by law, and the Board after examining all claims and all maps and papers on file and after hearing the evidence adduced at the hearing and it appearing that the hereinafter described SECOND AVENUE is useless and the same is no longer needed as a part of the general road system within the County and that the public will be benefited by such vacation. THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Spokane County, Washington, that the hereinafter described portion of public road to -wit: All that portion of SECOND AVENUE, 40 feet wide, in Tract 169 of Opportunity lying Westerly of a curve concave Easterly and having a radius of 40 feet, the center of said curve being a point on the South line of Second Avenue distant 183 feet West of the Centerline of Bowdish Road in the Northeast Quarter (NE 1/4) of Section -1-9, Township 25 North, Range 44 E.W.M. al be and the same hereby is vacated in accordance with the provisions of Chapter 36.87 R.C.W. Subject to the County Engineer's certification to the Clerk of the Board that the following conditions have been satisfied: 1. Dedication of Second Avenue.? 2. Adequate prov lion for a service- access strip along the Easterly and Southerly portions of Parcel Nos 21542 -0112, 21542 -0117 and 21542 -0114. 3. Satisfactory pro of right - of-way for the proposed new cul -de -sac at the Westerly end r the comp on of road improvements on nd Avenue from the new Westerly terminus to Bowdish Road per the requirements of ZE PASSED AND ADOPTED By the Board of County Commissioners of Spokane County, Wash- in ton, this 18th day of November, 1986. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON FIN • 4- • 1 , n 4 ? o `'1 I wI `- Ps ..cam. - ` -1::• -.: ;r. ; 'r , y,: r�.y: "-• . Nw . - c 1 • r"t .:c t hh i'j3r •ry^i � -- . L = s . + I ' : t � oat a; 7 c • /j'.� ,i_;c) , `- - 7` / / i � � , // � - m ' fence N T I to. 1' / Sae. MS '. 4 / 1 T� �_ a 2nd ... aw / 1'; wv r s ` 4.1 7* t, .1 L I 4 7 Ye • / rp - � '?t 17+a: „t �c Ira L � ,. P>c / + o• c fp 1. 1 -fi O rj 1. 1W F I •� � SPOKANE COUNTY COUNT HOUSE Intermountain Investments Cooper George Building South 510 Wall Street Spokane, Washington 99204 Attention: Mr. Cuyler Wenberg Dear Mr. Wenberg: ns Enclosures Yours very truly, OFFICE OF COUNTY ENGINEER ROBERT S. TURNER COUNTY ENGINEER Sr031W •WawIO[aNeTov 992 01 November 8, 1976 Re: ZE 53 -76 Second Avenue Attached are 1) the deeds for the realignment of Second Avenue, and 2) the estimate of cost for construction of the road improvements per the Board of County Commissioners resolution on the zone change dated September 23, 1976. Also attached are forms for bonding the cost of the improvement and forms for providing a savings account assignment. Either method of guaranteeing the construction of the improvements may be used. The hearing for the vacation of the westerly portion of Second Avenue is scheduled for November 18th at 10:00 a.m. Prior to the hearing you should have the deeds executed by the respective owners and post the bond so that the Board of County Commissioners could take final action on the matter at the hearing. You indicated at our last meeting this would be acceptable to your clients and would save time in finalizing the entire zone change and road vacation matter. If you need additional information or assistance, please advise. Robert S. Turner, P.E. Spokane County Engineer Gary W. Rennaly, P.E. Planning and Traffic Engineer 2r- 54 RIGHT - WAY DEED of Section 21 , Township 25 North, Range 44 , E:fY.hf. TO HAVE AND TO HOLD the same, unto the said Spokane County for the purposes of a public road forever. IN THE MATTER of the SECOND AVENUE No. 1840 -9 KNOW ALL MEN BY THESE PRESENTS, That and , his wife, of the County of Spokane, in the State of Washington, in consideration of the benefits and other valuable considerations,'and the scan o' Dollars, paid by the County of Spokane, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey unto said Spokane County, the following described parcel of land, situated in Spokane County, in the State of Washington, to-wit: _:: == of one. al the p.—peaty of the &ant.:; az: — f ctrip, ac cur eyed, re°erde for the :'.?: - :itio..et' r. a_ :La _ _n the field n tcc and n th fficial plat `_`:e•_: -- °"- .,FF: = ^. n' " r and ° ^^f \s¢ That portion of Block 169, OPPORTUNITY lvine within a 40.00 foot wide strip of land being 20.00 feet on each side of the following described roadway centerline. Beginning at a point on the centerline of 2nd Avenue said point being on the East line of and 127.30 feet North of the South line of said Block 169, thence; South 89° 48' 45" West alone the centerline of 2nd Avenue. a distance of 201.25 feet to the true point of beginning, said point being the P.C. of a 60.00 foot radius curve having a central angle of 82° 42' 25" Left, thence; along said curve, a distance of 93.94 feet to the P.T. of said curve, thence; South 0° 06' 20" West, a distance of 13.09 feet to a point, said point being the P.C. of a 60.00 foot radius curve having. a central angle of 89 40' 10" Right, thence; along said curve, a distance of 93.90 feet to the P.T. of said curve, thence; South 89° 46' 30" West. a distance of 100.66 feet to the terminal point of said line, said point being 20.00 feet North of the South line and 426.43 feet West of the East line of Block 169, OPPORTUNITY. In witness whereof day of 19 _ . (NOTE: If married, must be signed by both husband and wife.) Form 655R have hereunto set hand_ and seal_ this ( SEAL) (SEAL) One of the requirements set forth by the Spokane County Planning Commission - in connection with the above zoning request involves the filing with this office of a Street Improvement Bond. A pr =liminary inspection of the rezoned area has been made by this office and the amount of the Street Improve:!en ' Bond found to be as follows: Grading Surfacing Paying Drainage Curb Sidewalk 'f-1 !� "1r 1 '171 • 0rJ' ICY. or COUNTY ENGINEER ROBERT S. TURNER COUNTY ENGINEER SroSr 05 a- sm."ainOX '9 9'_01 Zoning Nu. ±herd :3200 - 4 444 /'COQ 2%')2. Other AMOUNT OF,STREET fLPROV E';T BOND A Street Improvement Bond in the above amount must be filed with this office • prior to approval of the building pormit. The bond will be released'only upon. satisfactory completion of the recuired street improvement. Piease.contact this office when work on the improvement is ready for.ir_spectien, or if you desire additional information or advice concerning the work. - Yours very truly, Robert S. Turner,-P.E.Y. Spokane County E inecr By .)A FoJsis:4 .71.14 itic GN 612.. For security purposes only, hereby assigns to Spokane County, a municipal corporation, the following: Savings Certificate Number in the face amount of and. held in and by. the Bank of Branch. This assignment is made as security for the full and faithful performance by , of the construction of curbs, paving, sidewalk, and drainage structures as specified on the plot plan, dated _Office Office of the, County Engineer. A S S I G N M E N T and on file in the:.. Any interest benefits accruing under said savings certificate shall remain the property of Said savings certificate is to be released to or any other party only with the prior written consent and agreement of Spokane County. Dated this day of By SIGNED, SEALED AND DATED this ROADWAY ThPROVEM NT BOND KNOW ALL YEN BY THESE PRESENTS, that ue, of Spokane, Washington, as PRINCIPAL and a corporation organized and existing under the laws of the State of and authorized to transact a surety business in the State of Washington, las SURETY, are held and firmly bound unto the Board of County Commissioners of Spokane County, Washington, as OBLIGEE, in the penal sum of ($ ) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the PRINCIPAL and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. day of , 19, WHEREAS, the said PRINCIPAL is the developer of a tract of land in Spokane County known as and being located in Section ___, Township _ North, Range _ E.W.M., in Spokane County, Washington and said County has required that a bond be furnished in an amount sufficient to pay the construction costs of installing to the approved grades, curbs, sidewalks, and /or paving of roadways adjacent to said development and such other work as is incidental and necessary thereto all in accordance with County Road Department Specifications and to the • satisfaction of the County Engineer; such improvements to be completed in two years or less time unless said time period be extended at the option of the County Engineer. � F " ein within the `tent of this S Aessia s archite / plar�rs August 30, 1979 Mr. John Maag Spokane County Engineering Department North 811 Jefferson Spokane, Washington 99201 Dear Mr. Maag: Enclosed please find a copy of a letter sent to Mr. Chris Christensen, after our phone conversation of this morning. Would you please review this letter to ascertain that what I understood during our conversation is in fact true? If there is anything incorrect, I would very much appreciate your call. Thank you for your assistance and consideration. Very truly yours, William J. Zeck, rchitect RESSA & COMPANY, Architects /Planners WJZ /amb OSP T�cy n 8/ / I 44642 anrywn ?CAL / tat �,� - / a 4 4ar foul O44 ,?I r e, wt on Gent" 17 200 fernwell bld riverside & stevens. spokane. Washington • 99201 tel: 509 • 624 1186 0 0 i August 30, 1979 Chris Christensen Terhaar- Christensen East 11406 Sprague Spokane, Washington 99206 Re: Martha's /Halpin's Spokane Valley Washington Dear Chris: rssA a ANN architects /planners ' Pursuant to your telephone conversation with Jerry Ressa, I have investi- gated the status of improvement work for Second Avenue west of Bowdish. I spoke this morning with Mr. Jack Finney and Mr. John Maag of the Spokane County Engineering Department, and was informed by Mr. Maag that a Road Improvement District, for Second Avenue from Bowdish to a point approximately 545' west, has been applied for and the petition, signed by owner's holding over 50% of the frontage, has been returned. This means that the R.I.D. is in line to be processed. Unfortunately the earliest that engineering and hearings can be accomplished is late next year, and construction will probably not begin until 1981. Mr. Maag says that no other information is required, and that now it is a matter of time. The file number is R.I.D. 355. According to Mr. Finney and Mr. Maag, there are two ways to have a public street constructed in the County: 1. Establishment of an R.I.D., which means that the County will do the engineering, let the project out to bid, supervise the construction, and assess the property owners on the street for the costs of all of the above. An R.I.D. is applied for, petition is distributed to the property owners, and the R.I.D. is processed if enough owners sign the petition. The R.I.D. is then scheduled for engineering. After engineering, a cost estimate is prepared and an estimate of assessment is sent to all owners. At that time owners have the opportunity to add or delete their signatures on the petition. A hearing is held and if enough owners are still in favor with the R.I.D., the project is let out to bid and constructed. 2. Private development, which means that the owners have the engineering done by a private company, and contract privately for the construction, after the engineering is approved by the County. There is the possibility of County participation in the costs, but this is something that is dealt with on each project separately. RECEIVED $PO[ANI CBUNTY €NGINEE2 AUG31 !979 200 terriwell bldg. riverside & steers. spokane. washington • 99279 TA mcs 5th4 - 1186 August 30, 1979 Page Two Chris Christensen The advantage of an R.I.D. is that the County finances the work at a very low rate of interest, and pays up to 15% of the cost of the project. The disadvantage of an R.I.D. is the length of time required by the process. The main advantage of private development of the street is that the time period can be compressed, but the overall costs will be higher. Mr. Finney, also informed me that the level of your drives at Second Avenue may have to be raised in order to meet the approved grades at the curb, when engineered. This came to my attention at the time when concrete curb cuts were to be installed at Second Avenue, and Hews Construction and our office agreed that the best approach would be to leave the curb cuts out in case the drive area had to be modified after Second Avenue engineering was approved. What this means is thata small amount of paving may have to be replaced in the driveway area. The paving grades that were constructed in your parking lot were as high as possible, in order to have a good grade relationship to the Martha's building slab and allow proper draining from the south and west sides of Martha's. The grades constructed were as high as possible, without exceeding the allowable depth of soil over the septic system. As I noted above, an R.I.D. for Second Avenue is being processed. To our knowledge no private firm has been contracted to do the engineering, in case the "private development" method is being contemplated. We hope that the above information is of help to you. Should you have any questions or require any further information, please contact me. Thank you for your consideration and cooperation in working with us. Very truly yours, William J. Zeck, Architect RESSA & COMPANY, Architects /Planners WJZ /amb cc: Dan Autrey, Intermountain Investment Corporation Hews Construction Company Mr. John Maag 1(1 RESSA & COMPANY architects /planners suite 200, fernwell bldg. riverside eve & stevens st. Spokane, washington 99201 tel - 509 - 624 - 9966 P hE, PM ie 79 Mr. John Maag Spokane County Engineering Dept. N. 811 Jefferson Spokane, WA 99201 • OW OF 1111BRAVE A f:.', .u, i r :U1/ 111 rr .1 ant •: for feast- ..11 to -hall ••nett appl t •f Ir 1 1 1 3 d :1 LAWS Ch. 264 CCNSTALILTION CCNTI A-iTS— PEi;i'OH11ANCE D °LAYS CHAPTEII 2.34 .iEN.TE EJLL ^. 2.166 An 'net relating to civil actions ant proceedings; to exculpatory contractor-id provisions; adding new sections to chapter 4.24 RCW; and creating a new section. Re. it •-:: art. d Lu the Lcyr.vtn Eire r.J the Stale of I9aahtngttn: New Section. Section I. There is added to chapter 4.24 RCW It new - -slot' to read as follows: Any clause in a coast runt fur, to for net as defined In section 2 of this 1979 ntt, w loch purports to waive, release, er extinguish the tights 4f u cuu- tractor. .:0Lruutr.etor, or supplier to damages or an equituhle ddJ us[meu! urlsi rg out of unreasonable delay it performance which delay is caus.u•by the ail s OT t)rit NS i004 of the amt rarta• or persons acting for the contractor in .tg:.lnst pubile puliey and 6 void and urenfort, stile. 'Isis - .-c:!nn snail not he (su:trII -,I to void any provision In a construc- tion rant root, as defined to set tint, 2 of this 1979 act. which (1) n'qulms mirky of delays. 12) provides for arbttrntlgtr or other procedure for settle- :aunt. or ;3) provides for reasonable Nutritious¢ damu ges. • New Section. Sec. 2. There Is added to chapter 4.24 RCW a new to rem', as follows; "Count ruction contract tar purposes of section 1 ot this 11/79 act means any -rant rant or •;_r..•ment for the construction, alteru :ion, repair, addition v, uth.rarttoa (ram, Ingrrevement tr or maintenance of, arty !wilding, high - way. road, railroad, exeavu tiun, or other vt r'etnre, prt. 'ct, deve!epmont, or i:nprorcmrat :ttlaehed 1) Teal' es; ar lucl.:dlng moving and dr -Itcli :inn in connection therewith. new Sectlaa. See. 3. The pru of set••'on 1 t.( this net shall apply to cvntrncts ..r acree- tnrots (...:teed into .:lte: the ettetth:e date ot this 1 act. A ?ro cod June 2::, 1979. t Effe..tice 9•ptemt.er 1, 157 :W days :."ter dote :.t au,ournmcnt. 1817 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON) RESOLUTION NO. - 109 IN THE MATTER OF ) .VACATION OF ) 2ND AVENUE ) RESOLUTION - VACATION COUNTY ENGINEER'S ROAD FILE (10.1840-9 This being the day set for the hearing on the County Road Engineer's Report on the proposed vacation of 2ND AVENUE proceedings for which were initiated by Preliminary Resolution No. 76 -983 , and it appearing to the Board on proof duly made that notice of the hearing was published and posted in the manner and .for the time required by law, and the Board after examining all claims and all maps and papers on file and after hearing the evidence adduced at the hearing and it appearing that the hereinafter described road 2ND AVENUE is useless and the same la_ no longer needed as a part of the general road system within the County and that the public will be benefited by such vacation. THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Spokane County, ';Washington, that the hereinafter described portion of public road to -wit: 2ND AVENUE - from 226.43 feet west of center line of Bowdish westerly - . • to thejnd of.the dedicated right of way in Tract 169,..'... -.... Opportunity. ATTEST: VERN�}�+'J W. OHLAND CLE1 X OF THE ,BerAR BY % ' ! �� / � f /�%rr✓ % f 2// c '.'• -.�' � E P U T Y Located in the Northwest Quarter (NW 1/4) of Section 21, Township 25 North, Range 44 E.W.M. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON be and the same hereby is vacated in accordance with the provisions of Chapter 36.87 .R.C.W. PASSED AND ADOPTED By the Board of County Commissioners of Spokane County, Washington,_this_ 18th day_of NOVEMBER_ , 1976, BOARD OF SPOKANE y p COUNTY li!7PI�I4'IISS,:1':h!TC • RAY W. CHRISTENSEP, CHM. JERRY C. KOPET lili;l iif I':q. Lkli! \t, :IN THE MATTER OF CHANGING THE 'ZONING FROM RESTRICTED INDUSTRIAL TO 1-: DENTlAL i.JFPICE ON PROPERTY LOCATED 1i SECTION IC WN n... i? 25 N RANGE .�. _':G�i 1 2;� _. u, ,lJ.11. .,.. i., RANGE n E.7:v.M., u: 'OKANE COUNTY, NA.Sii- .l,\ GTON RZSIDENNTIAL OFFICE: NO. 78 919 i,£FC'RE THE BOARD OF COUNTY CO?RlvMISSIONERS OF SPOKANE COUNTY, WASHINGTON '2 ) ) ) RESOLUTION ) ) ) The above- entitled matter coming on regularly for hearing before the Board of County .s • :mmissioners of Spokane County, Washington, on this day, and it appearing to the Board that the Spokane County Planning Commission has given due notice of the bearing on the matter In the manner and for the time provided by law; that said Planning Commission has held a public hearing as required; and that the said Plan - :nicg Commission concurs in the plan to zone the following described property as: The E 100 feet of W 1/2 and the W 120 feet of E I/2 of Block 159 of Opportunity lying South of Second Avenue in Section 21, Town- ship 25 N., Range 44, E.W.M., Spokane County, Washington NOW, THEREFORE, BE IT RESOLVED, that the above - described property be, and the same is zoned under the classification of RESIDENTIAL OFFICE as defined i^ the Zoning Ordinance of Spokane County, adopted August 25, 1953, as amended. AND FURTHER BE IT RESOLVED that any development on the above - described property shall be subject to the following conditions: 1) A revised development plan far the site shall be approved by the Director of Planning prior to release of building permits. The number of apartment units shall not exceed fifteen (15) (with not less than two thousand (2,000) square feet of land per dwelling unit) . 2. Prior to release of building permits, the applicant shall give the County Engineer written assurance that the owner(s) of the advertised property will either. a) Dedicate a five (5) foot strip along the existing Second Avenue and improve said street to Spokane County Engineer's, or Dedication and improvement to Spokane County Engineer's standards of a satisfactory realignment of Second Avenue along the southerly boundary of the advertised property. NOTE: Said realignment must contain reasonable curves to accommo- date local truck service traffic. In either case improvements must be pursuant to Condition 4#3 of the Planning Commission recommendation as herein amended. 3. Impmvement to Spokane County standards of Second Avenue along the project Perimeter, easterly to Bowdish. Such improvements shall include paving, curb, drainage control and thirty (30) feet of paving east to Bowdish;; Approval of access to Second Avenue by the Spokane County Engineer' office prior to release of building permits. Provisions shall be made for fire hydrants in accordance with requirements of the District Fire Chief. U. Approval of sewasre disposal facilities by the Spokane County Health District - , A SSED BY THE BOARD TEI3 e DAY CF ATTEST: VERNON W. OHIAND Clerk a Board By: This Is to certify that this is a true and co.ctXof Resolution No. !!�� ``�� passe " by this o?S day of 1076. By: duty I hereby certify that 1 have posted the above changes and revisions on the Zoning Map in the Building Codes Department, and do further certify that the zone classification change is the same as described above and shown on the attached SIGNED: - DATED: /n - 4 7 BOARD OF COUNTY COIWISSIONERS OF SPOKANE COUNTY, WASHINGTON ROA.RD OF SPOKANE COUNTY COMMISSIONLKS RAY W. CHRISTENSEN, CHM. JERRY C. I4`OPET HARRY M. LARNED._ , 1976 4 _ _ eta-c6-- _ - _ e e,a4=3.- 0 9a. _ Oz_ _ tt.ht>. 4 K ac-- 2— e)--bes - _ I I 40_f_5; - sd&srMzycL 2..5" . ICC.e&-e4rie,, 2.. 0 7 a r - - _ - - • - 6 _ I_Z _s_4. 3 o 2 A ) om .a . s4 A Ace zi.tpe.,...e_aa.„, - -!/PG . ‘1- ,s Act /✓"°' ac _ s a .„) --/-a 7_ 4 '9 3 4/444, 1Zicee l �. _2$O ± XJG9 = So : SLmA - ' 1 ©s _a.a_4 X 747 /�_ >1 - - _30, z so °-- 7 3 aa avG- __ _ 7o- 4- -- - --2-J1 -2 C44-eiL..a.o,3 a -- 2, - _ 54 p . r 17..14/ - -Ces --japer o , fl ,,0 Se" 7_ _1SG .5_° = G_4 _X5 =/._/ 3O c"-G S TG__ - - _ 3 _ _ .ea.t31 -‘ e- 1 S 2- - ;o-wy vl S' "e _ _ 327 r� ...s _a »'.... ).5-3 0 .E MATTER CHANGING T: ?E ZONING , U ..,.._ rRi D ( \, se . TO ;Ai' 1a;�J :V'S \ti l��Ei. u ✓ L: � i"�• a F C PERIY. LOCATED M .1: ` \'h.. \: NGE E ;'v .., L', f'OICAN.E. CCUN � \ f Si- .re 91.9 :.c.I R.E THE BCABD OF COUNTY COM?4ISSIO,irzs OF SPOKANE COUNTY, WASHINGTON ., :ZSu)ENTIAL OFFICE: • ) ) RESOLUTION �,soT � �.� :a 7 7 1 ) The cb ve- entitled matter coming on regularly for hearing before the Board of .County .mtnissioners :if Spokane County, Washington, on this day, and it appearing to the Ec rd that the Spokane County Planning Commission has given due notice of the .ii?.:rin.., on the matter in the nanrer and for the time provided by law; that said Planning Commission has heid a public hearing as required; and that the said Plan- t Commission contours in the plan to zone the following described property as: The E 100 feet of W 1/2 and the W 120 feet of E 1/2 of Block 169 of Opportunity lying South of Second Avenue in Section 21, Town- ship 25 N., Range 44, E.W.M., Spokane County, Washington NOW, THEREFCR,E, SE IT RESOLVED, that the above - described property be, and the same Is zoned under the classification of RZSMIENTIAL OFFICE as deemed in the Zoning Ordinance of Spokane County, adopted August 25, 1953, as amended- AND FTJRTI1Et BE IT RESOLVED that any development on the a'cove- described property shall be subject to the following conditions: I) A revised development plan for the site shall be approved by the Director of Planning prior to release of building permits. The number of apartment units shall not exceed fifteen (15) (with not less than two thousand (2,000) square feet of land per dwelling unit). 2. Prior to release of building permits, the applicant shall give the County Engineer written assurance that the owner(s) of the advertised property will either. a) Dedicate a five (5) tot strip along the existing Second Avenue and improve said street to Spokane County Engineer's, or b) Dedication and improvement to Spokane County Engineer's standards of a satisfactory realignment of Second Avenue alor_g the southerly boundary of the advertised property. NOTE: Said realignment must contain reasonable curves to accommo- date local tzucic service traffic. In either case improvements must be pursuant to Condition 13 of the planning Commission recommendation as herein amended. .. 3. Improvement to Spokane County standards of Second Avenue along the project perimeter, easterly to 8owdish. Such improvements shall include paving, curb, drainage control and thirty (30) feet of pav'sg east to Bo,vdish,: Approval of access 3 Second Avenue by the Spokane County Eng office prior to release of building permits. Prsvisions snail be made for firs hydranis in accordance with requirements E the District Fire Chief. Approval ^f sewaue disposal 'acilities by tie J�S'J Spokane County Health 22 :SED 131 SC'.NRD T IS 'CA C! , 1375 ATTEST: littiON W. OBLA.ID Clerk oLtbe Board i.,eputy This is to certify that this is a true and . y of Resolution No. passe "by' - - this ea.? day of 1073. By: 1 hereby certify that I have posted the al changes and revisions on the Zoning 'sap in the Building Codes :apartment, and co further certify that the zone classification change is the same as descr_thd above and sh -:Con an the attached map SIGNED: BCaRD OF COUNTY CO'rii+3IESICNZBS GE S?OKANZ COUNTY, 1 ,v?SEINGTON HOARD OF SPOKANE COUNTY CO MISSIO(4 <S RAY W. CHRISTENSEN, CHM. JLRRY O. !.... HARRY M. LARNED. March 25, 1977 Cuyler Wenberg, President Intermountain Investment Corp.' South 510 Wall Spokane, Washington 99204 RE: Bowdish Apartments Dear Cuy: -2) Today, Today, I net with Mr. John Sweitzer and Mr. Jack Finney of the Spokane County Planning Commission and Engineering Department to discuss the aspects of de- veloping an iterim site plan because of delays encountered through the develop- ment of an R.I.D. for Second Avenue, as discussed earlier. Both Mr. Sweitzer and Mr. Finney agree that the interim development, as depicted on the free hand sketch would be permitted, if a bond or Attachment of Savings Certificate were provided for, for the following: Sincerely, 1. Bond for the development of curbs, pavement and drains for Second Avenue. 2. Attachment to Savings Certificate or bond for site development and paving, curbs and sidewalks. They indicated that these items should be on file prior to the issuance of build- ing permits and that possibly the submission of the bond for the parking area be delayed for a month or two if the innediate issuance of a building permit is eminent. I would, therefore, recomrend that upon the time the building permit is requested that both bonds be posted with the Spokane County Planning Commission and the Engineering Department in accordance with the farms attached. Should you have any questions or contents regarding any of the information sub- mitted herein, pl -a e contact me at your earliest convenience so that a clari- fication can be made. Jerry F. Ressa, A.I.A. Enclosures cc: Mr. Sweitzer Mr. Finney./ RECEIVED SFO ANf CO NTI' £MGIMEER MAR 3 0 1977 200 fer nwell bldg. riverside & stevens. Spokane. washington • 99201 tel 509 624 1166 No' '76 918 BOARD OF COUNTY CONIMISS ,FINDINGS AND ORDER REGAR INDUSTRIAL TO RESIDENTIAL and, TONERS OF SPOKANE COUNTY: WASHINGTON ING ZONING MAP PROPOSAL, ZE- 53 -76, RESTRICTED FFICE: TERHAAR - CHRISTENSEN WHEREAS, the Spokane County Planning Commission did, after public hearing on July 16, 1976, forward to the Board of County Commissioners a recom- mendation that the Zoning Map be changed from the existing Restricted Industrial to Residential Office zone classification on property described as follows: The E 100 ft of W 1/2 and the W 120 ft of E 1/2 of Block 169 of Opportunity lying S of Second Avenue in Section 21, Township 25 N., Range 44, E.W.M., Spokane County, Washington WHEREAS, the applicant before the Planning Commission, Intermountain Investment Corp., Cuyler W. Wenberg, President, request a hearing before the Board of County Commissioners to present evidence and testimony in opposition to certain conditions of the Planning Commission's recommendations, •byletter dated July 21, 1976, and , - WHEREAS, the Board of County Commissioners did hold a public hearing on August 26, 1976, to consider the recommendations of the Planning Commission and testimony and evidence of the applicant and other interested parties, and WHEREAS, at said hearing opportunity was afforded those favoring and those opposing the above- described Zoning Map proposal, the Board of County Commissioners. of Spokane County having fully considered the testimony given, the records and minutes of the Planning Commission, the environmental assessment, and all other evidence presented; and having personally acquainted themselves with the site and vicinity in question does hereby find: 1) That the advertised property is not sufficient in size to accommodate the applicant's requested twenty (20) apartment•units. That the request to waiver such Zoning Ordinance standards is the responsibility of the Zoning Adjustor and /or the Board of Adjustment and not this Board. 3) That the applicant claims ownership or control of properties to the North of the existing Second Avenue. 4) The realignment of Second Avenue to the south could ultimately combine sufficient lands to provide for twenty (20) apartment units if an additional rezone is applied for and approved by the Planning Commission. NOW, THEREFORE, the Board of County Commissioners does hereby order . that an appropriate resolution be prepared to reclassify as RESIDENTIAL OFFICE the property described above, subject to the conditio rs as contained in the Planning Commission's staff recommendations dated July 16, 1976, which were submitted to the Board of Spokane County Commissioners on July 29, 1976, except that in connec- tion with the above the findings, the Board does hereby amend the Planning Recomenda- tion's #2 and #3 to read as follows: 2) Prior to release of building permits, the applicant shall give the County Engineer written assurance that the owner(s) of the advertised property will either: a) Dedicate a five (5) foot strip along the existing 2nd Avenue and improve said street to Spokane County Engineer's standards , or b) Dedication and improvement to Spokane County Engineer's standards of a satisfactory realignment of 2nd Avenue along the southerly boundary of the advertised property. NOTE: Said realignment must contain reasonable curves to accommodate local truck service traffic. In either case improvements must be pursuant to Condition #3 of the Planning Commission recommendation as herein amended. 3) Improvement to Spokane County standards of Second Avenue along the project perimeter, easterly to Bowdish. Such improvements shall include paving, curb, drainage control and thirty (30) feet of paving east to Bowdish. DATED this o? ATTEST: VE' •N W. OH C' k of the Bo By: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON 424z_eit44.4sa.sts_ NO. 16 919 - tEPORE TEE BARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON .'2E - 53 - 76 Iii THE MATTER OF CHANGING TEE ZONING MAP FRCJM KEstRic'ED INDUSTRIAL. TO . ES.iDENT1AL OFFICE ON PROPERTY LOCATED .11' SECTION 21, 1. 25 N RANGE 14, E.Vv._•.ti., S:FCKANE COUNTY, WASH I:Nt TO The above- entitled matter corning on regularly for hearing before the Board of County .Commissioners of Spokane County, Washington, on this day, and it appearing to the Board that the Spokane County Planning Commission has given due notice of the tearing on the natter in the manner and for the time provided by law: that said Planning Commission has held a public hearing as required: and that the said Plan- ning Commission concurs in the plan to zone the following described property as: RESIDENTIAL OFFICE: ) ) ) RESOLUTION ) ) ) The E 100 feet of W 1/2 and the W 120 feet of E 1/2 of Block 169 of Opportunity lying South of Second Avenue in Section 21, Town- ship 25 *1., Range 44, E.W .M., Spokane County, Washington NOW, THEREFORE, BE IT RESOLVED, that the above - described property be, and the same is zoned under the classification of RESIDENTIAL OFFICE as defined in :the Zoning Ordinance of Spokane County, adopted August 25, 1953, as amended. AND FARTHER BE IT RESOLVED that any development on the above - described property shall be subject to the following conditions: 1) A revised development plan for the site shall be approved by the Director of Planning prior to release of building permits. The number of apartment units shall not exceed fifteen (15) (with not Less than two thousand (2,00 0) square feet of land per dwelling unit) . 2. Prior to release of building permits, the applicant shall give the County Engineer written assurance that the owner(s) of the advertised property will either. a) Dedicate a five (5) foot strip along the existing Second Avenue and improve said street to Spokane County Engineer's, or Dedication and improvement to Spokane County Engineer's standards of a satisfactory realignment of Second Avenue along the southerly boundary of the advertised property. NOTE: Said realignment must contain reasonable curves to accommo- date local truck service traffic. In either case improvements must be pursuant to Condition #3 of the Planning Commission recommendation as herein amended. Improvement to Spokane County standards of Second Avenue along the project Perimeter, easterly to Bowdish. Such improvements shall include paving. curb, drainage control and thirty (30) feet of paving east to Bowdish, .4 Provisions; shall be made for fire hydrants in accordance with requirements of the District Fire Chief. ,:SS£D BY THE BOARD THIS 0Z3 DAY OF ATTEST: VERNON W. ORIAND Clerk o ' Board By: This is to certify that this wt§f*of Resolution passe b S ,b 's this .24 day of 1976. By: Approval of access b Second Avenue by the Spokane County Engineer's office prior to release of building permits. Approval .f sewage disposal facilities by the Spokane County Health Dis zitz. puty Deputy is a true and No. by the Bo I hereby certify that I have posted the above changes and revisions on the Zoning Map in the Building Codes Department, and do further certify that the zone classification change is the same as described above and shown on the attached map SIGNED: DATED: ( n - 7 BOARD OF COUNTY COM?AISS1ONERS OF SPOKANE COUNTY, WASHINGTON BOARD OF SPOKANE COUNTY COMMISSIONLRS RAY W. CHRISTENSEN, CHM. Jean'( 3. KOPIT HARRY M. LARNED 76 918 BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY. WASHINGTON -FINDINGS AND ORDER REGAR ING ZONING MAP PROPOSAL, ZE- 53 -76, RESTRICTED ':INDUSTRIAL TO RESIDENTIAL FFICE: TERHAAR- CHRISTENSEN WHEREAS, the Spokane County Planning Commission did, after public hearing on July 16, 1976, forward to the Board of County Commissioners a recom- • - mendation that the Zoning Map be changed from the existing Restricted Industrial to Residential Office zone classification on property described as follows: The E 100 ft of W 1/2 and the W 120 ft of E 1/2 of Block 169 of Opportunity lying S of Second Avenue in Section 21, Township 25 N.; Range 44, E.W.M., Spokane County, Washington . and, WHEREAS, the applicant before the Planning Commission, Intermountain Investment Corp., Cuyler W. Wenberg, President, request a hearing before the Board of County Commissioners to present evidence and testimony in opposition to - certain conditions of the Planning Commission's recommendations,•byletter dated July 21, 1976, and WHEREAS, the Board of County Commissioners did hold a public hearing on August 26, 1976, to consider the recommendations of the Planning Commission and testimony and evidence of the applicant and other interested parties, and WHEREAS, at said hearing opportunity was afforded those favoring and those opposing the above- described Zoning Map proposal, the Board of County Commissioners of Spokane County having fully considered the testimony given, the records and minutes of the Planning Commission, the environmental assessment, .and all other evidence presented; and having personally acquainted themselves with the site and vicinity in question does hereby find: 1) That the advertised property is not sufficient in size to accommodate the applicant's requested twenty (20) apartment 2) That the request to waiver such Zoning Ordinance standards is the responsibility of the Zoning Adjustor and /or the Board of Adjustment and not this Board. tion's #2 and #3 to read as follows: That the applicant claims ownership or control of to the North of the existing Second Avenue. 4) The realignment of Second Avenue to the south could ultimately Planning Commission recommendation as herein amended. east to Bowdish. combine sufficient lands to provide for twenty (20) apartment units if an additiond rezone is applied for and approved by the Planning Commission. NOW, THEREFORE, the Board of County Commissioners does hereby order that an appropriate resolution be prepared to reclassify as RESIDENTIAL OFFICE the property described above, subject to the conditiors as contained in the Planning Commission's staff recommendations dated July 16, 1976, which were submitted to the Board of Spokane County Commissioners on July 29, 1976: except that in connec— tion with the above the findings, the Board does hereby amend the -Planning Recomenda- 2) Prior to release of building permits, the applicant shall give the County Engineer written assurance that the owner(s) of the advertised -- property will either: a) Dedicate a five (5) foot strip along the existing 2nd Avenue and improve said street to Spokane County Engineer's standards , or - b) Dedication and improvement to Spokane County Engineer's standards of a satisfactory realignment of 2nd Avenue along the southerly boundary of the advertised property. NOTE: Said realignment must contain reasonable curves to accommodate local truck service traffic.. In either case improvements must be pursuant to Condition T3 of the 3) Improvement to Spokane County standards of Second Avenue along the project perimeter, easterly to Bowdish. Such improvements shall include paving, curb, drainage control and thirty (30) feet of paving VE' ..N W. OH of the Bo BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ZONE CHANGE 2. ZE -53 -76 -- RESTRICTED INDUSTRIAL TO RESIDENTIAL OFFICE:. TERHAAR - CHRISTENSEN INVESTMENTS MINUTES JULY 16, 1976 NOTE: Th.' ,articular reauest was first reviewed, at the Tune 11. 1976. Planning_ Commiss:o:1 :- sarina. at which time it was decided to continue the item until the July 9, 1976 hearing. Planning Commission Recommendation: :4norove to Residential Office Zone subiect to the following conditions: (Vote was unanimous) A. CONDITIONS: 1. A revised development plan for the site shall be approved by the Director of Planning prior to release of building permits. The number of apart- ment units shall not exceed fifteen (15), (with not less than two thousand (2, 000) square feet of land per dwelling unit) . 2. Dedication of the N 5' of the advertised property along Second Avenue. 3. Improvement to Spokane County standards of Second Avenue along the project perimeter to Bowdish Road. Such improvements shall include curb, drainage control and 30 feet of paving east to Bowdish. 4. Approval of access to Second Avenue by the Spokane County Engineer's Office prior to release of building permits. 5. P:ovisions shall be made for fire hydrants in accordance with require - mnnts of the District Fire Chief. 6. :3oproval of sewage disposal facilities by the Spokane County Health DJ strict. 13. REASONS: 1. The property adjoins an existing twelve (12) unit apartment complex to the west of the described parcel. 2. The proposed apartment complex would be compatible with adjacent uses and future land uses. 3. The rezoning creates flexibility, providing an interim residential use of the property and an eventual transition to a more appropriate use as •economic and land use conditions change. 4. The Planning Commission is of the opinion that the performance standard: of the Residential Office Zone in conjunction with the conditions of approval will make the project compatible with surrounding and future land uses. - 2 - ZE -53 -76 -- RESTRICTED INDUSTRIAL TO RESIDENTIAL OFFICE (Continued) C. STAFF ENVIRONMENTAL REVIEW: As required in WAC 197- 10 -32, the staff of the County Planning Commission reviewed the environmental checklist submitted by Mr. Cuyler W. Wenberg in behalf of Intermountain Investment Corporation for a zone change. The staff has reviewed the environemental checklist and finds that, although there are effects in terms of increased motor traffic and adverse conditions incidental thereto, as well as an increase demand upon public services and utilities, the size of the development in relation to the available services is such that no significant impact is expected. Therefore, the staff concludes that an EIS is not necessary and that a Declaration of Non - Significance be issued. D. GENERAL DATA: 1. Location: Section 21, Township 25 N., Range 44, E.W.M. The East 100 feet of the W 1/2 and the West 120 feet of the E 1/2 of Block 169 of Opportun- ity lying South of Second Avenue. 2. ? plicant: Terhaar- Christensen Investments c/o Intermountain Investment Corporation South 510 Wall Street Spokane, WA 99204 3. Site Size: Approximately 30, 800 square feet 4. Existing Zoning: Restricted Industrial, established May 31, 1955 5. Proposed Zoning: Residential Office 6. Proposed Use of Property: Apartments 7. Application of Zoning Provision: Chapter 4.21, Section 4.21.040 - 3 - rn tiS ‘',.,'• •o -eel A p- 9, 1-6-0 r) 0: • , .i,"i Att-.4.2 . • ' / 2.4, eraser • no a te e etter"..a.d. 7-, anacy " 0 0 0 — Q 30' I . • •. C-t—irZet 4'4_ - • --..--. 94- 'D' 1 (.1 , N.le CL•7 7 rz>,arzeC INct 30 cot../2 11 ■ 1 111 ! 1 -1,1 n --- i 1 L 1 : ; ! 11 1 1 11 ;•,, i t/ • • SECOND AVENUE • :.• -• - ; - • • • •• . ......;,. ‘. :.•N ‘ .:,..:: , .:., .. .c • • • . ----.:<___ ,. ,. .e. . .• , ,- , •.:? ‘• . • .. . • • .. • . ..• ' :-; - • ,, u, El i :" T, ;.,:-....‘r f•eilre:-.: . A i• 44,1;:i.....ic.,,, •!.y,,,i, . . • ,;-", , \11 , 1,,,, , ..,•• T / ...7. 4, •C;WA';'717,:; , _ • • ' itc..)-1 . .:F=1,V.,, -*-1-•;...ai • ' • •-•• e 2 a _ _ _ PROPOSED RESIDENTIAL • - OFFICE ZONE • -- 1 1 6 4 0 1 ' <9 RESTRICTED INDUSTRIAL ZONE EXIE TAN/ I ) PAGeg. N Cr 5 0 C.Ale-f 1 . ' .1 •‘• \\ \\'‘. k.\\'• \ „ • \ •• !>.‘ c ';! !!'x ! ", ! • r I * .1 Vt • Pc).7..!‘'' • • • ,' • . ' • F • !!!”. •!!'- Llo . • rthtA CNItW Co c-urze C--••• NeW 01 CL.-41Z..Pb • • • • . • SEC ON • \.• 1 —.:•f :(hy Id L. • 1 17 4 7/ ;.• AVENUE •• ts4:o' 6 4 0 50 ' RESTRICTED INDUSTRIAL — > ZONE EXIST. TAV E I