ALT-2015-0005 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Alteration to the Final Plat of Apple Valley )
Estates 2"d Addition, in the MF-1 Zoning District; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
File No. ALT-2015-0005 ) AND DECISION
Applicant: Paul Crapo )
)
I. SUMMARY OF DECISION
Hearing Matter: Alteration to the final plat of Apple Valley Estates 21'd Addition, in the MF-1
zoning district; to delete the public park designation from Lot 1, Block 5 of the final plat.
Summary of Decision: Remand application to the Spokane Valley of Community and Economic
Development Department; to allow the applicant to revise the application to contain the signatures
of the majority of those persons having an interest in Lot 1, Block 5 of the final plat, and to provide
for a new hearing on the application with appropriate public notice.
H. FINDINGS OF FACT
Procedural Matters:
1. On September 2, 2015, the applicant, Paul Crapo, submitted application materials to the
Spokane Valley Community and Economic Development Department("Department") for alteration
of the final plat of Apple Valley Estates 2"d Addition, in the Medium Density Multifamily
Residential (MF-1) zoning district; to delete the "public park" designation from Lot 1, Block 5 of
the final plat, and vacate a 4-foot wide "traffic" easement on Lots 14 and 15, Block 4 of the final
plat dedicated for public access to the public park on Lot 1, Block 5.
2. The alteration application, on page 1, listed Paul Crapo as the applicant, tax parcel no.
55192.2001 (i.e. Lot 1, Block 5) adjacent to Crapo's, Carl Burnham as the "property owner", and
parcel no. 55192.1913 (i.e. Lot 13, Block 4) adjacent to Burnham's name.
3. The alteration application contained the notarized signature of Paul Crapo,dated July 29,2015,
as an owner of the property; the notarized signature of Rebecca Burnham, dated August 27, 2015,
as an owner of the property; and statements in the name of Paul Crapo, and Carl and Rebecca
Burnham, respectively, as owners of the property, and authorizing Whipple Consulting Engineers to
represent them and their interests in all matters respecting the application, respectively.
4. The application materials included a proposed plat alteration map that illustrated and explained
the proposed alterations, a copy of the final plat map recorded on October 6, 1975, and a subdivision
guarantee/plat certificate (title report) dated August 25, 2015.
5. The guarantee/plat certificate indicated that title to Lot 1, Block 5, and title to Lot 13, Block 4,
were vested in Carlton Burnham and Rebecca Burnham, and such lots were sold to Paul and Breanna
Crapo by real estate contract on September 4, 2014; and that title to Lot 14, Block 4 was vested in
HE Findings, Conclusions and Decision File No. ALT-2015-0005 Page 1
Teddy Carter and Katherine Carter, and such lot was sold to David Renz and Lana Renz by real
estate contract on September 27, 2010.
6. On September 11, 2015, notice of the application, which included an advisement that a public
hearing would be held on the application if a request for public hearing was received by September
25, 2015, was mailed by the applicant to all owners of property located within 400 feet of the plat
areas proposed to be altered; and was also published in the Spokane Valley Herald, the City's legal
newspaper and a newspaper of general circulation in the area of the proposed alteration.
7. On September 25, 2015, the Department timely received petitions containing the signatures,
names and addresses of 67 persons, 41 of whom resided within 400 feet of the plat areas proposed
to be altered. The petitions were submitted on duplicate petition forms; indicated that the signers
were opposed to the plat alteration and removal of the "public park" designation from Lot 1, Block
5 of the final plat, and removal of the easement on Lots 13-14, Block 4; and expressing an
understanding that the area is a designated floodplain and cannot be built on.
8. The lots on which the persons signing the petitions respectively reside appear to be indicated
by large dots colored in orange highlighter and placed by hand on the County Assessor's map for
the N '/2 of Section 19 that was used for mailing the notice of application and the notice of hearing.
See file.
9. On October 6, 2015,the applicant,Paul Crapo, submitted a letter to the Department requesting
that the proposed"vacation" of the 2-foot wide easements on Lots 13-14, Block 4 be removed from
the plat alteration request, and including Crapo's notarized signature.
10. On October 7, 2015, the applicant posted notice of a hearing on the application scheduled
before the Hearing Examiner on October 29, 2015 on Lot 1, Block 5, on a fence located near the
east boundary of the lot and Tschirley Road. See Exhibit 7.
11. On October 14, 2015, notice of the public hearing was mailed to the owners of properties
located within 400 feet of the plat areas proposed to be altered. On October 16, 2015, the City had
notice of the public hearing published in the Spokane Valley Herald. The notices indicated that the
plat alteration applied to the removal of the "public park" designation from Lot 1, Block 5, and
removal of the easement on Lots 13-14, Block 4. See p. 2 of Staff Report, and notice of public
hearing, referencing publication date of October 16, 2015.
12. On October 22, 2015, Terry Irwin of Whipple Consulting Engineers submitted a letter to the
Department that reiterated the applicant's request to eliminate the proposed deletion of the 2-foot
wide easements on Lots 13-14, Block 4 from the plat alteration request.
13. On October 22,2015,the Department issued its staff report and recommendation regarding the
application,which report noted that written documentation had been received to remove Lots 13-14,
Block 4 from the final plat alteration.
14. On October 29, 2015, the Hearing Examiner conducted a public hearing on the application,
and conducted a site visit before the hearing.
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15. The following persons testified at the public hearing, under an oath administered by the
Hearing Examiner:
Karen Kendall, Planner Terry Irwin
City Community Development Department Whipple Consulting Engineers, Inc.
11707 E. Sprague Avenue, Suite 106 2528 N. Sullivan Road
Spokane Valley, WA 99206 Spokane Valley, WA 99216
Paul Crapo Carl & Rebecca Burnham
1304 N. Arc Street 183 Old Leclerk Road
Spokane Valley, WA 99016 Cusick, WA 99119
Jean & Dennis Greer John Mallicoat
17415 E. 5th 504 S. Flora Road
Spokane Valley, WA 99016 Spokane Valley, WA 99016
Sebrina Rust Lois Goforth
306 S. Flora Road 17315 E. 5th Ave.
Spokane Valley, WA 99016 Spokane Valley, WA 99016
Beverly Lee
17022 E. 4th Ave.
Spokane Valley, WA 99027
16. The Hearing Examiner heard the application pursuant to Chapters 17.80, 18.20 and 20.60 of
the SVMC; and Appendix B (Hearing Examiner Scheduling Rules and Rules of Conduct) of the
Uniform Development Code (UDC)portion of the SVMC (i.e. SVMC Titles 17-24).
17. The following exhibits were admitted into the record at the public hearing:
Exhibit 1: Vicinity Map
Exhibit 2: Proposed Plat Alteration Map for Apple Valley Estates 2nd Addition
Exhibit 3: Final Plat Alteration Submittal
Exhibit 4: Request to Change Application
Exhibit 5: Determination of Completeness
Exhibit 6: Notice of Application
Exhibit 7: Notice of Public Hearing
Exhibit 8: Agency Comments
Exhibit 9: Public Comments
Exhibit 10: Spokane County Assessor's Parcel Information
Exhibit 11: Spokane County Treasurer's Office records from 1995 to present
Exhibit 12: Correspondence with WDFW
Exhibit 13: Documents from File Nos. PE-916-73/ZE-92-71 (printed from laserfiche)
Exhibit 14: Staff Power Point Presentation(hard copy)
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Exhibit 15: Property Report, for Apple Valley Estates 2nd Addition, dated 4-1-77
18. Exhibits 1-13 are attachments to the Staff Report,prepared by the Department before the public
hearing. Exhibit 14 was submitted by the Department at the hearing. Exhibit 15 was submitted by
Lois Goforth.
19. The Hearing Examiner takes notice of the SVMC, the City Comprehensive Plan, other
applicable development regulations, and prior land use decisions for the site and in the vicinity.
20. The record includes the testimony and documents submitted at the public hearing, the
documents in the application file at the time of the public hearing, and the items taken notice of by
the Hearing Examiner.
21. The procedure for submitting and processing a plat alteration application are set forth in
Chapter 20.60 of the Spokane Valley Municipal Code (SVMC) and RCW 58.17.215. If a public
hearing is timely requested on the application, the application is classified as a Type II permit
application; and notice of the hearing on the application must be provided by posting, publication
and mailing as provided in SVMC 17.80.120. The application is also subject to compliance with the
requirements in SVMC 20.30 and 20.40.
22. SVMC 20.60.010 and RCW 58.17.215 require that a plat alteration application contain the
signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, sites
or divisions in the subdivision or portion thereof to be altered.
23. The application heard by the Hearing Examiner should be construed as applying only to Lot 1,
Block 5 of the final plat, since the applicant requested that the proposed removal of the adjoining 2-
foot easements respectively located on Lot 13 and Lot 14 of Block 4 of the final plat be stricken
from the application.
24. The owners of Lot 1, Block 5 include Paul Crapo and Breanna Crapo, as contract purchasers;
and Carlton Burnham and Rebecca Burnham, as holders of legal title.
25. The plat alteration application does not contain the signatures of Breanna Crapo or Carlton
Burnham. The application therefore does not contain the signatures of a majority of the owners of
Lot 1, Block 5 of the final plat, and fails to comply with SVMC 20.60.010 and RCW 58.17.215.
Since such error appears to be one that can easily be remedied by the applicant, the application
should be remanded to the Department for correction of such error, and then allowed to be heard as
revised without going through the notice of application procedure again.
26. SVMC 20.60.020 requires notice of the application for a plat alteration to be provided to all
owners of property within the subdivision, be provided by publication in an appropriate regional or
neighborhood newspaper, and be provided to those owners of property located within 400 feet of
the portion of the plat proposed for alteration.
27. Mailed notice was timely provided to all the owners of property located within 400 feet of the
application, but was not provided to all owners of property in the subdivision. The owner of Lot 2,
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Block 1 (parcel no. 55192.1602), and the owner (Cheryl Williams) of adjoining Lot 1, Block 1
(parcel no. 55192.1601), were erroneously not provided notice of the application; because their
respective lots are located more than 400 feet from the plat alteration area. See red boundary line
denoting 400 foot distance from plat alteration on County Assessor map for N1/2 of Section 19,used
for mailing the notice of application and notice of hearing; public notice packet for mailings; and
affidavits of mailing in file. Also see Exhibits 6-8, regarding notifications.
28. Since neighboring lot owners requested a public hearing on the application, and a public
hearing was held on the application,the applicant's failure to provide notice of the application to the
respective owners of Lots 1-2, Block 1 of the final plat does not appear prejudicial or an error that
is required to be remedied.
29. SVMC 20.60.020 requires the notice of hearing for a plat alteration to be provided as set forth
in SVMC 17.80.120. SVMC 17.80.120 requires that mailed, posted and published notice be
provided at least 15 days prior to the hearing. Notice of the hearing provided by mail and posting
was done timely.
30. The notice of hearing was published in the Spokane Valley Herald on October 16, 2015, only
13 days before the October 29, 2015 hearing on the application. The published notice of hearing
failed to comply with the requirement in SVMC 20.60.020 and SVMC 17.80.120 that notice of the
hearing on a plat alteration be provided at least 15 days before the hearing.
31. The flaw in the published notice of hearing requires the Hearing Examiner to remand the
application to the Department for a new hearing with appropriate notice. See Prosser Hill Coalition
v. Spokane County, 176 Wn. App. 280, 289-292 (Division III, 2013); Prekeges v. King County, 98
Wn. App. 275, 280-281 (1999); Gardner v. Pierce County Board of Commissioners, 27 Wn. App.
241, 243-44 (1980); and Stritzel v. Smith, 20 Wn. App. 218, 220-21 (1978).
32. At the time a new hearing is held on the application, as revised,the Hearing Examiner could
include the electronic recording of the October 29, 2015 hearing in the record, to save time; but
only if all parties at the hearing agree, and additional testimony and evidence is allowed to be
presented at the new hearing.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. Any finding of fact above that is a conclusion of law is hereby deemed such.
2. The application for alteration of the final plat did not contain the signatures of a majority of
those persons having an ownership interest in Lot 1, Block 5 of the final plat,the portion of the final
plat proposed to be altered; and therefore fails to comply with the procedures in SVMC 20.60.010
and RCW 58.17.215.
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3. The notice of hearing provided for the application by publication did not provide at least 15
days advance notice of the public hearing, and therefore fails to comply with SVMC 20.60.020 and
SVMC 17.80.120.
4. The application should be remanded to the Department to allow the applicant to revise the
application so that it contains the signatures of a majority of those persons having an ownership
interest in Lot 1, Block 5 of the final plat; and to provide for a new hearing on the application, as
revised,with appropriate notice of the hearing.
5. Notice of the new hearing would only have to be mailed to the owners of property located
within 400 feet of Lot 1, Block 5, along with posted and published notice. However, notice of the
hearing should also be mailed to the respective owners of Lots 1-2, Block 1 of the final plat, who
were erroneously not sent notice of the application by the applicant as required by SVMC 20.60.010.
6. Any conclusion of law above that is a finding of fact is hereby deemed such.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for an altered
plat in the above file is hereby remanded to the City Community and Economic Development
Department for revision of the application to provide a majority of the signatures of the owners of
Lot 1, Block 5 of the final plat, and to provide a new public hearing on the application, as revised,
with appropriate notice of the hearing provided by mail,posting and publication.
The notice of hearing on the revised application should be mailed to the respective owners of
Lots 1-2, Block 1 of the final plat; along with the required mailing of the notice of hearing to the
owners of property located within 400 feet of such lot.
DATED this 20th day of November, 2015
SPOKANE VALLEY HEARING EXAMINER
7C/tca (, 40-4-17-4,3„)
Micha C. Dempsey, WSBA#8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
The decision of the Hearing Examiner on an application for an altered plat is final and
conclusive unless within twenty-one (21) calendar days from the date of issuance of the
Examiner's decision, a party with standing under Chapter 17.90 of the Spokane Valley
Municipal Code(SVMC) and Chapter 36.70C RCW files a land use petition in Superior Court
pursuant to such chapters.
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On November 20, 2015, a copy of this decision will be mailed by regular mail to the
applicant, the City Community Development Department, any person who testified at the
hearing or provided substantive written comments on the application during the hearing or
the public comment period on the application and provided a mailing address, and any person
who filed a written request for a copy of the notice of application or the final decision.
Pursuant to RCW Chapter 36.70C, the date of issuance of the Hearing Examiner's
decision on such application is three (3) days after it is mailed, extended to the next business
day when the last day for mailing falls on a weekend or holiday. The date of issuance of the
decision regarding the altered plat will be, accordingly,November 23,2015. This decision will
be become final on December 14, 2015, unless appealed as stated above.
Any aggrieved party of record may file a written petition for reconsideration with the
Hearing Examiner within 10 calendar days of the Hearing Examiner's written decision,which
is no later than November 30, 2015; pursuant to Section J of Appendix B (Hearing Examiner
Scheduling Rules and Rules of Conduct) of the SVMC.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner,Third Floor,Public Works Building, 1026 W.
Broadway Avenue, Spokane, Washington, 99260-0245; and may be inspected by contacting
Kristine Chase, Staff Assistant for the Hearing Examiner, at (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday-Friday of each week, except
holidays, between the hours of 8:00 a.m. and 4:30 p.m.
After the appeal period,or if transferred sooner than expiration of the appeal period,the
file may be inspected at the City of Spokane Valley Department of Community Development-
Planning Division, 11707 E. Sprague Avenue, Spokane Valley, WA, 99206; by contacting
Karen Kendall at(509)921-1000. Copies of the documents in the record will be made available
at the cost set by the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
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