REZ-12-07 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Rezone, from the Urban )
Residential-3.5 (UR-3.5) Zone to the ) FINDINGS OF FACT,
Urban Residential-7* (UR-7*) Zone; ) CONCLUSIONS OF LAW,
Applicant: Jayn and David Courchaine ) AND DECISION
File No. REZ-12-07 )
)
I. SUMMARY OF DECISION
Hearin g Pp Matter: Application for a rezone, from the UR-3.5 zone to the UR-7* zone.
Summary of Decision: Approve application, to allow the site to be developed as disclosed in the
application materials under the UR-7* zone, and other chapters of the expired City Interim
Zoning Code. The total number of dwelling units on the 1.1-acre site, including the existing
residence, cannot exceed six(6) dwelling units under the maximum residential density permitted in
the UR-7* zone. The underlying zoning of the site will continue to be the Single-Family
Residential(R-3) district of the City Uniform Development Code (UDC), which applies to any
future development not disclosed in the application.
H. FINDINGS OF FACT
1. The application seeks approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-7* (UR-7*) zone of the City Interim Zoning Ordinance,
on approximately 1.1 acres of land.
2. The site is located at the northeast corner of the intersection of Alki Avenue and Ella Street;
and is situated in the SW 1/4 of Section 18, Township 25N, Range 44 EWM of Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45183.0283,
45183.0284, 45183.0285, and 45183.0286; and has site addresses of 620 N. Ella Street, 612 N.
Ella Street, 7901 E. Alki Avenue, and 7909 E. Alki Avenue, Spokane Valley, Washington. The
property is legally described in Short Plat No. SHP-20-06.
4. The applicants, and the owners of the site, are Jayn and David Courchaine, 17201 E.
pp yn
Cataldo Avenue, Spokane Valley, WA 99016.
5. On June 22, 2007, the applicant submitted a complete application for a rezone in the above
file.
6. On September 14, 2007, the City Planning Division issued a Determination of
Nonsignificance (DNS) for the application. The DNS was not appealed.
BE Findings, Conclusions and Decision REZ-12-07 Page 1
I
7. On November 1, 2007, the Hearing Examiner conducted a public hearing on the application.
The notice requirements for the public hearing were met. The Examiner conducted a site visit on
November 1, 2007, prior to the hearing.
8. The Hearing Examiner heard the proposal pursuant to the former City Interim Zoning Code,
former Chapter 10.35 of the Spokane Valley Municipal. Code (SVMC), and the City Hearing
Examiner Rules of Procedure.
9. The following persons testified at the public hearing:
Tavis Schmidt, Assistant Planner Greg McCormick, Planning Manager
Spokane Valley Community Development Dept. Spokane Valley Community Dev Dept
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Jayn Courchaine
17201 E. Cataldo Avenue
Spokane Valley, WA 99016
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
expired Interim Zoning Code, expired Phase I Development Regulations, expired Application
Review Procedures for Project Permits, expired Chapter 10.35 of Municipal Code, Uniform
Development Code and Municipal Code; other applicable development regulations; and prior land
use decisions in the vicinity.
11. The record includes the documents in the application file at the time of the public hearing,
the documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
12. On February 1, 2007, a final short plat was recorded that divided the site into four (4) lots,
for the development of single-family dwellings. This includes two (2) lots of 12,442 square feet,
which front along Ella Road; and lots of 11,112 square feet and 11,944 square feet, which front
along Alki Avenue. See Short Plat No. SHP-20-06.
13. The site is 1.1 acre in size and rectangular in shape. A single-family residence, with
associated landscaping, is located in the southwest corner of the site; and a residential building is
under construction in the southeast corner of the site. The remainder of the site consists of
pasture grass and weeds enclosed by a barbed wire fence. See photos of site.
is
14. The south half of the site is relatively flat in topography, while the north half has rolling
topography and a maximum slope of approximately 10% in its north end.
15. The application and the environmental checklist submitted with the application indicate that
the applicant would like to develop the site with three (3) duplexes, with approximate building
sizes of square footage of 2,000 square feet, in addition to the existing residence on the site, under
HE Findings, Conclusions and Decision REZ-12-07 Page 2
the provisions of the UR-7* zone; and plans to submit a boundary line adjustment to implement
such plan.
16. In 1991, the zoning of the site and neighboring land was established under the County
Zoning Code; pursuant to the Program to Implement the Spokane County Zoning Code.
17. In 1997, the County Hearing Examiner approved a rezone of.65 acres of land located
directly east of the site, from the UR-3.5 zone to the Urban Residential-12 (UR-12) zone of the
County Zoning Code. This was for the purpose of allowing such acreage to be divided into four
(4) lots for single-family dwellings, using the reduced frontage requirements of the UR-12 zone
compared to the UR-3.5 zone. See decision in File No. ZE-31-97.
18. On March 31, 2003, the City of Spokane Valley was incorporated. Upon incorporation, the
City of Spokane Valley adopted by reference the County's comprehensive plan, development
regulations and zoning maps; with certain revisions not relevant to the current application. Such
actions retained the zoning of the site and neighboring land.
19. In 2004, the City amended the development standards of the UR-3.5, UR-7* and other
residential zones of the City Interim Zoning Code.
20. On May 10, 2006, the City implemented a new Comprehensive Plan, pursuant to City
Ordinance No. 06-010. The City Phase I Development Regulations were updated to implement
the new Comprehensive Plan, pursuant to Ordinance No. 06-011.
21. The site is designated in the Low Density Residential category of the Comprehensive Plan.
Other neighboring land is designated in the Office, High Density Residential, Heavy Industrial and
Public/Quasi-Public categories.
22. On October 28, 2007, four (4) months after the current application was submitted, the City
adopted its Uniform Development Code (UDC). This replaced t h e City y Interim Zoning Code,
City Phase I Development Regulations, and other interim development regulations that were
adopted by reference from Spokane County. At the same time, the City adopted new zoning
maps to implement the UDC.
23. The site, and most nearby land, were zoned UR-3.5 under the City Interim Zoning Code, are
now zoned in the Single-Family Residential(R-3) district under the UDC, and consist of single-
family residences on lots of various size and some vacant parcels. The land lying directly east of
the site, which was previously zoned UR-12, is now zoned in the Single-Family Residential Urban
(R-4) district, and is developed with single-family homes.
24. A large area of land lying one (1) lot west of Ella Road and one (1) lot south of Broadway
Avenue in the area, west of the site, was previously zoned UR-7, is now zoned R-4, and consists
of a mobile home park.
HE Findings, Conclusions and Decision REZ-12-07 Page 3
25. The land lying northeast of the intersection of Ella Road and Broadway Avenue was
previously zoned UR-22, is now zoned Community Facilities (CF) district, and is developed with
a middle school.
26. The land located one (1) lot north of the site, along the east side of Ella Road; and the land
located along the north side of Broadway Avenue, east of Ella Road, was previously zoned Urban
Residential-22 (UR-22), is now zoned in the Office (0) district, and consists of office uses or
vacant land.
27. The land lying directly north of such area zoned 0, and the parcel of land located at the
southwest corner of the intersection of Broadway Avenue and Ella Road, were previously zoned
UR-22, are now zoned Multi-family High.Density Residential (MF-2), and consist of multi-family
dwellings.
28. The land lying southwest of the site was previously zoned Light Industrial(I-2), is now
zoned Heavy Industrial(I-2) District, and consists of industrial uses. Some additional R-4
districts are found within a few blocks of the site, and were previously zoned UR-7 or UR-7*.
29. The R-3 district has a minimum lot size of 7,500 square feet, a minimum lot width of 65 feet
and a minimum lot depth of 90 feet in the R-3 district. The UDC does not establish a maximum.
density for residential zones.
30. The R-4 district has a minimum lot area of 6,000 square feet, a minimum lot width of 50
feet, and a minimum lot depth of 80 feet.
31. The City Arterial Street Plan designates Broadway Avenue as a Principal Arterial, Park
Road as a Minor Arterial, and Vista Road as a Collector Arterial.
32. Neighboring property owners did not comment on the current application.
33. The Staff Report sets forth relevant policies of the Comprehensive Plan. The policy most
relevant to the proposed rezone is Policy LUP-1.7. Such policy states that zone changes should
be allowed within the Low Density Residential category of the Comprehensive Plan when specific
criteria are met; such as substantial changes within the area of the rezone site, the availability of
adequate facilities and public services, and consistency with residential densities in the vicinity of
the rezone site.
34. Policies LUP-1.1 and NP-2.1 of the Comprehensive Plan recommend that the character of
existing and future residential neighborhoods be maintained and protected through the
development and enforcement of the City's land use regulations and joint planning.
35. Policy LUP-2.5 of the Comprehensive Plan recommends that special development
techniques be considered in single-family areas, such as zero lot lines, provided they result in
residential development consistent with the quality and character of existing neighborhoods.
HE Findings, Conclusions and Decision REZ-12-07 Page 4
36. Policies LUP-1.4 and LUP-2.3 of the Comprehensive Plan encourage the development of
transportation routes and facilities to serve residential neighborhoods; with special attention given
to pedestrian circulation, biking and transit uses. Policy TP-9.8 recommends that pedestrian
facilities such as sidewalks be required in all new developments.
37. Policy LUP-16.1 of the Comprehensive Plan encourages new developments to be arranged
in a pattern of connecting streets and blocks, to allow people to get around easily by foot, bicycle
and car. Policy TP-2.1 recommends that street designs complement adjacent development.
38. Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency
evacuation routes be required prior to approving new development.
39. Policy CFP-4.6 of the Comprehensive Plan recommends that new development connect to
public sewer and water.
40. Policy CFP-2.1 of the Capital Facilities chapter of the Comprehensive Plan states that
facilities and services shall meet certain specified minimum levels of service. Policy CFP-8.2 of
the Comprehensive Plan recommends that the review of new residential development consider the
adequacy of school facilities.
41. Policy CFP-2.4 of the Comprehensive Plan states that if adopted level of service standards
cannot be maintained, the City shall increase funding, reduce level of service or reassess the Land
Use Element of the Comprehensive Plan.
42. Policy NEP-19.1 of the Comprehensive Plan recommends that the impacts of a development
proposal on surface water quality be considered before development is approved; and states that
conditioning proposals may be necessary to protect water quality, manage runoff and address
erosion control and sedimentation. Also see stormwater policies under Goal CFG-6 of
Comprehensive Plan.
43. At the time the application was submitted, the County Interim Zoning Code, the City Phase
I Development Regulations and the City Interim Subdivision Ordinance were in effect. Such
regulations were replaced by the UDC on October 28, 2007.
44. The City Phase I Development Regulations required all zone reclassifications to be
consistent with the implementing zones specified in such regulations for the Comprehensive Plan
designations that apply to the subject property. The implementing zones for the Low Density
Residential category of the Comprehensive Plan, in which the site is designated, were the UR-3.5
and UR-7 zones.
45. The UR-3.5 zone, which applied to the site prior to October 28, 2007, was intended to
promote areas of primarily single-family residences in an urbanized neighborhood setting. Such
zone permitted single-family homes, duplexes and various other uses.
HE Findings, Conclusions and Decision REZ-12-07 Page 5
46. The UR-3.5 zone provided for a maximum residential density(net) of 4.35 dwelling units
per acre, a minimum lot size of 10,000 square feet for a single-family dwelling, a minimum lot size
of 20,000 square feet for a duplex, and a minimum lot frontage of 80 feet for a single-family
dwelling or a duplex.
47. The UR-7* zone, the zone proposed by the current application, was repealed by the UDC.
Such zone was intended to add to the variety of housing types and densities in urban areas, and to
provide standards for the orderly development of residential property in a manner that provides a
desirable living environment that is compatible with surrounding land uses and assures the
protection of property values. The UR-7* zone permitted the same uses as the UR-3.5 zone, as
well as multi-family dwellings and certain other more intensive uses.
48. The City Phase I Development Regulations limited new residential development in the Low
Density Residential category of the Comprehensive Plan, on land rezoned to the UR-7 under such.
regulations, to a density(net) of 6.0 dwelling units per acre. Such zoning was referred to as the
"UR-7*" zone. The UR-7 zone otherwise permitted a residential density of seven (7) dwelling
units per acre.
49. The UR-7 zone provided for a minimum lot size of 6,000 square feet for a single-family
dwelling, a minimum lot size of 11,000 square feet for a duplex, a minimum lot frontage of 65 feet
for a single-family dwelling, and a minimum frontage of 90 feet for a duplex. The building
setbacks, and the maximum building height, in the UR-3.5 zone and the UR-7 zone were identical.
50. The UR-7 zone required the installation of a 6-foot high sight-obscuring fence, wall or solid
Ilandscaping along the border of any UR-7 zone that abutted private land zoned UR-3.5. The
current site abutted UR-3.5 zoning on the north, but now abuts the R-3 district along such
boundary. The UDC does not require perimeter fencing in the R-3 or R-4 districts.
51. The applicant can develop a maximum of six(6) dwelling units on the site under the
maximum residential density of(6) dwelling units permitted in the UR-7* zone. This is one (1)
less than the applicant would like to develop on the site.
52. The minimum lot width of 65 feet in the R-3 district is the same as the minimum frontage
required in the UR-7* zone. The minimum lot width of 7,500 square feet in the R-3 district is
substantially greater than the 6,000 square foot minimum lot size required by the expired UR-7*
zone. However, the R-3 district appears to allow a more comparable maximum housing density
to the expired UR-7* zone than the R-4 district.
53. The City Planning Division stated at the public hearing that the underlying zoning of the site
would be upgraded to the R-4 district if the current application was approved. See testimony of
Tavis Schmidt. This is because the city-wide rezoning adopted by the City under the UDC
reclassified those properties previously designated UR-7*, and designated in the Low Density
Residential category of the Comprehensive Plan, to the R-4 district. However, the current
application did not propose a rezone to the R-4 district.
HE Findings, Conclusions and Decision REZ-12-07 Page 6
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54. Because the rezone application is not tied to a specific site plan for the purpose of review by
the Examiner, the application is exempt from the transportation concurrency requirements of the
City Phase I Development Regulations. Traffic concur•rency, and any required road
improvements, would be determined by City Engineering at the time of building permit or short
plat approval.
55. The County Division of Utilities and Hutchinson Irri ation District #1 G respectively,
g espectrvely,
certified the availability of public sewer and water to the site if rezoned.
56. The Spokane Regional Health District and County Utilities conditions of approval require
the uses on the site to be connected to public sewer and water. The proposed rezone complies
with the public sewer and water concurrency requirements of the City Phase I Development
Regulations.
57. The site is appropriate for a rezone to the UR-7* zone. The site is designated in the Low
Density Residential category of the Comprehensive Plan, which category is implemented by the
UR-7* zone under the City Phase I Development Regulations; is served by a high level of public
services; has convenient access to nearby arterials; is adjacent to land zoned R-4 on the east, is
located near other R-4 districts, and is located within a few blocks of higher intensity zoning and
land uses.
58. Public agencies did not express any concerns regarding the proposal. The environmental
checklist submitted for the proposal, and its review by City Planning, indicate that the proposed
rezone will not have any probable adverse impact on the environment. The DNS issued for the
rezone application was not appealed.
59. The Staff Report analyzed the consistency of the rezone application with the Comprehensive
Plan, and found that the proposed rezone was in conformance to the Comprehensive Plan. The
Hearing Examiner agrees with such analysis.
60. Significant changed conditions have occurred in the area since the zoning of the site was
reclassified to the UR-3.5 zone in 1991, and extended by the City after incorporation in 2003
under the City Interim Zoning Code. This includes the extension of public sewer to the site,
adoption of the City Comprehensive Plan and amendment of the City Phase I Development
Regulations in 2006, and the rezoning of adjacent land on the east to the UR-12 zone in 1997 and
to the R-4 district in 2007.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. In Noble Manor v. Pierce County, 133 Wn. 2d 269, 278 (1997), the State Supreme Court
held that the vesting of an application for a land division, under the development regulations in
effect at the time of the application, applies to the uses disclosed in the application.
HE Findings, Conclusions and Decision REZ-12-07 Page 7
2. The Noble Manor case involved the submittal and approval of a short plat application to
divide property into three (3) lots, which were of the appropriate size for duplexes, for the
development of duplexes on each lot. The State Supreme Court authorized duplexes to be
developed on the lots, even though an interim zoning ordinance was passed by Pierce County,
after the application was submitted but before it was approved, that required a lot size for
duplexes that exceeded the size of the lots that were later approved in the short plat.
3. Pursuant to RCW 58.17.033, preliminary plat and preliminary short plat applications are
subject to review under the zoning and other development regulations in place at the time a
complete application for such development is submitted.
4. Washington statutes and case law do not provide for the vesting of rezone applications, as
they do for preliminary plat and short plat applications, and building permit applications.
However, Washington case law does allow local governments to adopt their own vesting
schemes, which may include the "vesting" of rezone applications.
5. Section 13.300.110 of the City Application Review Procedures for Project Permits, which
procedures were in effect at the time the current application was submitted, but were later
repealed by the City Uniform Development Code (UDC), provided that the development
regulations in effect on the date a complete application is submitted and fees are paid will be the
standard of review, absent statute or ordinance provisions to the contrary.
6. Under Section 13.300.110 of the expired City Application Review Procedures for Project
Permits, and the principles of the Noble Manor case, the Hearing Examiner may consider the
current application to rezone the site to the UR-7* zone of the expired City Interim Zoning Code,
for the development disclosed in the rezone application. Any other development proposed on the
site would be subject to review under the underlying R-3 district.
7. The application materials in the current file indicate that the applicant plans to develop three
(3) duplexes on the site, along with the existing residence. However, this would provide a total of
seven(7) dwelling units on a 1.1 acre site, at a density(net) of 6.36 dwelling units per acre. Such
density clearly exceeds the maximum density(net) of six(6.0) dwelling units per acre permitted in
the UR-7* zone, and cannot be permitted.
8. A total of six(6) dwelling units, including the current single-family residence, can be
developed on the site under the UR-7* zone; provided the other development standards of the
UR-7* zone and City Interim Zoning Code are met.
9. The City Interim Zoning Code authorized a site-specific amendment to the City Zoning
Map, i.e. zone reclassification, if the amendment is consistent with the Comprehensive Plan and is
not detrimental to the public welfare. See Zoning Code 14.402.020(1); and references to Zoning
Code 14.402.020(1) in Zoning Code 14.402.020 and Zoning Code 14.402.160.
10. Washington case law requires the proponent of a rezone to establish, by a preponderance of
the evidence, that the proposed rezone bears a substantial relationship to the public health, safety
HE Findings, Conclusions and Decision REZ-12-07 Page 8
or general welfare; and that a substantial change of circumstances has occurred in the area.
However, proof of a substantial change of circumstances is not required if the rezone implements
the comprehensive plan of the local government.
11. The proposed rezone, as conditioned, conforms to the Comprehensive Plan, and complies
with the City Phase I Development Regulations.
12. The proposed rezone, as conditioned, bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
13. A substantial change in circumstances has occurred in the area since the site was last zoned,
14. The application, as conditioned, complies with the UR-7* zone, the City Interim Zoning
Code, and other applicable development regulations.
15. The proposed rezone, as conditioned, meets the criteria established by Washington case law
for approving a rezone, and the criteria established in paragraph 14.402.020(1) of the City Interim
Zoning Code for amending the City official zoning map.
16. The procedural requirements of the State Environmental.Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
17. Approval of the zone reclassification, as conditioned, is appropriate under expired Chapter
10.35 of the Spokane Valley Municipal Code (SVMC), and the rezone criteria established by
1 Washington case law.
18. The Hearing Examiner and the City Planning Division have no authority to convert the
zoning of the site to the Single-Family Residential Urban (R-4) district of the Uniform
Development Code (UDC), pursuant to the approval of the current application. The underlying
zoning of the site must remain in the Single-Family Residential(R-3) district.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a zone
reclassification of the site to the Urban Residential-7* (UR-7*) zone is hereby approved, for the
existing and future site development disclosed in the application materials; subject to the
conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
HE Findings, Conclusions and Decision REZ-12-07 Page 9
Conditions of Approval
CITY DEPARTMENT OF COMMUNITY DEVELOPMENT- PLANNING DIVISION
1. The applicant, including the owners and developers of the property, and their successors in
interest, shall comply with the conditions of approval set forth in this decision.
2. Future development of the site under the Urban Residential-7* (UR-7*) zone of the expired
Spokane Valley Interim Zoning Code is limited to the development disclosed in the application
materials. Such development shall not exceed a maximum residential density of six (6) dwelling
units per acre, and must comply with the other development standards of the UR-7*zone. All
other site development shall comply with the Single-Family Residential (R-3) zone, the
underlying zoning of the site, and the other provisions of the UDC.
3. A maximum of six (6) dwelling units, including the existing residence, can he developed on
the site under the UR-7*zone.
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide public sewer system shall be constructed. A
sewer connection permit is required. Commercial developments shall submit historical and or
estimated water usage prior to the issuance of the connection permit in order to establish sewer
fees.
2. The applicant shall submit expressly to Spokane County Division of Utilities, under separate
cover, only those plan sheets showing sewer plans and specifications for the public sewer
connections and facilities for review and approval. Commercial developments shall submit
historical and or estimated water usage as part of the sewer plan submittal.
3. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of
the sewer connection permit.
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL CLEAN AIR AGENCY
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers
or suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
HE Findings, Conclusions and Decision REZ-12-07 Page 10
3. Debris generated as a result of this project shall be disposed of by means other than burning.
4. All traveled surfaces (i.e. ingress, egress, parking areas, access roads, etc.) should be paved
and kept clean to minimize dust emissions.
5. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
6. Special attention shall be given to proper maintenance of diesel-powered construction.
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
7. A Notice of Construction and Application for Approval is required to be submitted and
approved by SCAPCA prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas
heating equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units
fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr(input) or higher. The applicant shall
contact SCAPCA for a Notice of Application.
8. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
SPOKANE REGIONAL HEALTH DISTRICT
1. The sewage disposal method shall be authorized g p t orrzed by the Director of Utilities, Spokane
County.
2. Water service shall be coordinated through the Director of Utilities, Spokane County.
3. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
4. A public sewer system will be made available for the uses developed on the site.
5. The use of private wells and water systems is prohibited.
DATED this 4th day of February, 2008
CITY HE ' Ir G EXAMINER PRO TEM
Michae C. Dempsey, WSBA#82/3"5
ks
HE Findings, Conclusions and Decision REZ-12-07 Page 11
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the City of Spokane Uniform Development Code (SVMC),
as amended, the decision of the Hearing Examiner on an application for a zone reclassification is
final and conclusive unless within fourteen (14) calendar days from the Examiner's written
decision, a party with standing files an appeal of the decision with the City Council of the City of
Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington; in
accordance with all the requirements of Chapter 17.90 of the UDC.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on February 4, 2008. THE APPEAL CLOSING DATE IS FEBRUARY 19.
2008, counting to the next business day when the last day for appeal falls on a holiday.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday-Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After 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, (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.
HE Findings, Conclusions and Decision REZ-12-07 Page 12