Resolution 07-010 Adopts Findings of Fact for Austin Appeal CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION 07-010
RE: Austin Appeal of Hearing Examiner Findings )
of Fact,Conclusions of Law,and Decision ) ADOPTING FINDINGS OF
Regarding REZ 16-06/Sub-03-06,Zone ) FACT, CONCLUSIONS OF
Reclassification From UR-3.5 Zone to UR-7* Zone ) LAW,AND DECISION
and Preliminary Plat of Valley Coach Estates )
WHEREAS, the Hearing Examiner conducted a public hearing and on March 8th, 2007, adopted
Findings of Fact, Conclusions of Law and Decision in the matter of Zone Reclassification from the UR-
3.5 Zone to the UR-7* Zone, and Preliminary Plat of Valley Coach Estates: Applicant: Pete Buster, File
No. REZ-I6-06/SUB-03-06; and
WHEREAS, on the 22nd day of March, 2007 an appeal of the decision was timely filed by Jane Austin;
and
WHEREAS, pursuant to Spokane Valley Ordinance 05-021 the Hearing Examiner supplied a complete
transcript and record of that hearing and decision to the City Council; and
WHEREAS, the City Council on the 8th day of May, 2007 set the matter for a quasi—judicial public
hearing for the 5th of June, 2007; and
WHEREAS, the City of Spokane Valley provided notice of said hearing by mail to the appellant, the
applicant, and all parties of record; and
WHEREAS, a hearing was held pursuant to Spokane Valley ordinance 05-021 on that date; and
WHEREAS, the appellant requested that the Record be supplemented with additional information, a
copy of that request being made a part of the Clerk's Records; and
WHEREAS, the appellant submitted a memorandum in support of their position in a timely matter, a
copy of that memorandum being made a part of the Clerk's Records and provided to the City Council; and
WHEREAS, the Council received from the City Attorney an analysis of the request to supplement the
record, a copy of that memorandum being made a part of the Clerk's Record and provided to the City
Council for their consideration; and
WHEREAS, the City Council heard testimony from the Appellant, the Applicant, and the City Attorney
on both the request to supplement the record and the appeal.
NOW,THEREFORE, the City Council makes the following Findings of Fact, Conclusions of Law and
Decision.
Resolution 07-010,Appeal Findings of Fact Page 1 of 3
FINDINGS OF FACT
I) The materials requested to supplement the record of the Hearing Examiner did not relate to the
disqualification of the Hearing Examiner, were not matters that were improperly excluded from the record
after being offered by a party to the hearing before the Hearing Examiner and did not relate to matters
outside the jurisdiction of the Hearing Examiner. The documents identified were primarily related to
another development that had received prior approval and had not been appealed. The materials
concerned appellant's opposition to a condition requiring the construction of a public road within that
prior development.
2) The Appellant orally limited the issue on appeal to the requirement contained in the Preliminary Plat
and Condition #10 of the Conditions of the Public Works Department-Development Engineering Division
requiring 14' of improvements with asphalt, type B curb and gutter and a 6 ft. sidewalk (i.e. a 24 foot
Right-Of-Way dedication) be made on the North side of the Plat and identified as Maxwell Road, which
road was to be barricaded until the remainder of the Right-Of-Way could be acquired by the City.
3) The proposed extension of Maxwell is not consistent with the goal of the Comprehensive Plan Policies
LUP-l.l and NP-2.1 which recommend that the character of the existing and future residential
neighborhoods be maintained and protected through the development and enforcement of the City's land
use regulations and Joint Planning.
4) The elimination of the proposed Maxwell Road is not inconsistent with Comprehensive Plan Policies
LUP-1.4 and LUP-2.3 which encourage the development of the transportation routes and facilities to
serve residential neighborhoods; with special attention given to pedestrian circulation, biking and transit
uses; Comprehensive Plan Policy LUP-16.1 which encourages new development to be arranged in a
pattern of connecting streets and blocks to allow people to get around easily by foot, bicycle and car; and
Policy TP 02.1 which recommends that street designs complement adjacent development, in that alternate
routes and access points are available within the proposed plat and adjacent developed properties.
5) Notice of the Public Hearing on this proposal was provided by the City of Spokane Valley on January
10th, 2007 through mailings and a sign posted on the site. That notice made no mention of the proposed
Maxwell Road that is in dispute. Information regarding the proposed roadway was only made public on
January 22, 2007 when the City received the revised Preliminary Plat from the Applicant.
6) The public was not provided sufficient notice to adequately respond to the addition of this roadway by
the Public Hearing that was scheduled for the 25th day of January, 2007, and which was continued to
February 8,2007.
7) The evidence presented at the Public Hearing was not sufficient to warrant the requirement for the
proposed Maxwell Road as designated in the approved Preliminary Plat and set forth in Public Works
Department-Development Engineer Division Condition of Approval #10.
CONCLUSIONS OF LAW
1) The request to supplement the record with additional information did not meet the requirement of
Spokane Valley Ordinance No. 05-021 specifically Section 10.35.150 (I). •
2) The failure to include in the Public Notice, the condition requiring the proposed Maxwell Road
constituted a failure to follow the required processes for notice and as such constitutes a failure to follow
a prescribed process.
Resolution 07-010,Appeal Findings of Fact Page 2 of 3
3) The requirement to construct the proposed Maxwell Road was not supported by sufficient evidence in
the record.
4) The removal of the roadway in question is consistent the Comprehensive Plan.
DECISION
1) The decision of the hearing Examiner is hereby affirmed with the exception that the Spokane Valley
Public Works Department-Development Engineering Division Condition Number 10 requiring the
construction of the proposed Maxwell Avenue, located West of Bell Street, along with improvements and
sidewalks, is hereby deleted and the Preliminary Plat Map shall be amended in a manner consistent with
that removal.
DATED this 26th day of June, 2007.
\X) Lthth)t r
Diana Wilhite,Mayor Step len . Taylor, Dept , ayor
4 i
:/`
ABSENT
Richard i-t enenny, Coun • membe Michael R. DeVleming, Councilmember
1.• % 1 " .�i� LartL.�, RECUSED
William H. Gothmann, Councilmember Richard M. Munson, Councilmember
• RECUSED
Gary L. Schimmels, Councilmember
• This decision can be appealed within twenty-one (21) calendar days from the date the decision was
issued by filing a Land Use Petition with the Superior Court as provided in RCW Chapter 36.70(C) and
meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW
43.21(C)075. Affected property owners may request the Spokane County Assessor for a change in
valuation for property tax purposes notwithstanding any program of revaluation, pursuant to RCW
36.70(B)130.
Resolution 07-010,Appeal Findings of Fact Page 3 of 3
Sjokn '
Valle
11707 E.Sprague Ave. • Suite 106 • Spokane Valley,WA 99206
(509)921-1000 • Fax(509)921-1008 • cityhall @spokanevalley.org
STATE OF WASHINGTON )
)ss.
County of Spokane )
The undersigned, being first duly sworn on oath states: that on this 28'h day of June, 2007, affiant caused
to be deposited in the mail of the United States of America, properly stamped and addressed envelopes
directed to the following:
Janice Austin Bill Nadwornick
E. 17222 Mission Avenue 17421 E Boone Avenue
Spokane Valley, WA 99016 Spokane Valley, WA 99016
Pete Buster Nelson Ogren,
14911 E 17th Court Mountain Crest Enterprises, Inc.
Spokane Valley, WA 99037 PO Box 1800
Mead, WA 99021
Quincy Edmonds
Box 156 Mary Pollard
Newman Lake, WA 99025 E 17216 Baldwin
Spokane Valley, WA 99016
Margaret Ferrell
17203 E Boone Avenue Mike Dempsey, Hearing Examiner
Spokane Valley,WA 99016 c/o Spokane County Public Works
1026 W Broadway Ave
Jim McGuffin Spokane, WA 99260-0245
5528 N Mayhen
Spokane Valley, WA 99216 Spokane County Assessor's Office
1116 West Broadway
County Courthouse, Floor
• Spokane, WA 99260-0010
each mailing containing a copy of Spokane Valley Resolution 07-010 adopting Findings of Fact,
Conclusions of Law, and Decision in the matter of the Austin Appeal of Hearing Examiner Findings of
Fact, Conclusions of Law, and Decision Regarding REZ 16-06/Sub-03-06, a copy of which is attached to
this affidavit.
• -• Christine Bainbridge, Spokane Valley City er
SIGNED ar'v 1,ore me this di of June, 2007.
i
NOT 'Y PUBLIC in and for thy + e o•Washington
P u� ,�� Resi ng at . I,'/ r. /*) ' 'Wc2/0
_ ', •[� My Commission Expires: 7. 076-09