REZ-08-07 SUB-01-07 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Rezone from the UR-3.5 Zone to the UR-7* )
Zone, and Preliminary Plat of Prasada Place; ) FINDINGS OF FACT,
Applicant: Landworks Development, Inc. ) CONCLUSIONS OF LAW,
File No. REZ-08-07/SUB-01-07 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Consolidated application for a rezone and a preliminary plat.
Summary of Decision: Approve application, subject to the final plat complying with the UR-7*
zone and other provisions of the Spokane Valley Interim.Zoning Code, the Spokane Valley
Interim Subdivision Ordinance, and other development regulations in place at the time the
application was submitted as complete on June 6, 2007; and subject to other conditions of
approval. The preliminary plat will expire on February 1, 2013, unless a time extension is
approved in accordance with Section 20.30.060 of the UDC. The underlying zoning of the site
will remain R-3 under the Spokane Valley Uniform Development Code (UDC).
H. FINDINGS OF FACT
Procedural Background
1. The application seeks approval of a rezone from the Urban Residential-3.5 (UR-3.5) zone to
the Urban Residential-7* (UR-7*) zone, under the former City Interim Zoning Code, on
approximately 5.12 acres of land; and a preliminary plat to divide such acreage into 20 lots for
single-family dwellings.
2. The site is located along the north side of Eighth Avenue, approximately one-fourth(1/4)
mile west of the intersection of Eighth Avenue and Barker Road. The property is situated in the
SW 1/4 of the NE 1/4 of Section 19, Township 25N, Range 45 EWM of Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 55191.0634 and
55191.0635, and is legally described on the preliminary plat map of record. The existing
residence on the site is addressed at 18223 E. 8th Avenue, Spokane Valley, Washington.
4. The applicant is Landworks Development Inc., 721 N. Pines Road, Spokane Valley, WA
99206. The site owner is Black Reality Inc./Landworks Development Inc., 721 N. Pines Road,
Spokane Valley, WA 99206.
5. On April 16, 2007, the applicant submitted a consolidated application for a preliminary plat
and rezone to the City of Spokane Valley Community Development Department-Planning
Division("City Planning Division") in the above file. The City Planning Division determined the
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 1
1
application to be complete on July 13, 2007, based on the submittal of a revised preliminary plat
map on June 6, 2007.
6. On August 24, 2007, the applicant submitted a revised preliminary plat map, which
represents the preliminary plat map of record
7. On September 21, 2007, the City Planning Division issued a Determination of
Nonsignificance (DNS) for the application. The DNS was not appealed.
8. On November 8, 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 8, 2007, prior to the hearing.
9. The Hearing Examiner heard the proposal pursuant to Chapter 18.20 of the Spokane Valley
Unifoim Development Code (UDC), the City Interim Subdivision Ordinance, and the City
Hearing Examiner Rules of Procedure.
15
10. The following persons testified at the public hearing:
]
Tavis Schmidt, Assistant Planner Bruce Howard
Spokane Valley Planning Division 721 N. Pines
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206
Spokane Valley, WA 99206
Brenda Benn Micki Harnois, Associate Planner
18127 E. 8th Spokane Valley Planning Division
Cneenacres, WA 99016 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Items in Record
11. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Interim Zoning Code, Zoning Maps, Interim Subdivision Ordinance, Uniform Development Code,
City Zoning Maps, Interim Standards for Road and Sewer Construction, Guidelines for
Stormwater Management, and Municipal Code; other applicable development regulations; and
prior land use decisions in the vicinity.
12. The record includes the documents in the above 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.
Description of Site
13. The site is approximately 5.12 acres in size and relatively flat in topography. The southeast
corner of the site is improved with a single-family home; an associated shop and a shed; and grass,
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 2
a
shrubs and trees around the residence. The remainder of the site consists of a grassy field
surrounded by a 3-rail wood fence.
Design of Preliminary Plat
14. The preliminary plat map of record submitted on August 24, 2007 illustrates the division of
5.12 acres into 20 lots for single-family dwellings; with lots ranging from approximately 7,409
square feet to 12,406 square feet in size, an average lot size of approximately 9,740 square feet,
and a density(net) of approximately 4.47 dwelling units per acre as determined under the former
City Interim Zoning Code.
15. The existing residence on the site is intended to remain, while the accessory structures on
the site would be demolished.
16. The preliminary plat map illustrates the extension of a public road north from Eighth
Avenue, which terminates in a"temporary" hammerhead turnaround at the north boundary of the
preliminary plat.
17. The preliminary plat map also illustrates a one-half(1/2) right of way of 19 feet for Sixth.
Avenue, along the north boundary of the preliminary plat. This would allow the potential future
extension of such right of way to the east and/or west, and the potential future extension of Moen
Street to the north.
Land Use Designations for Site and Area, Surrounding Conditions
18. In 1991, Spokane County designated the site and neighboring land in the Urban Residential-
3.5 (UR-3.5) zone of the Spokane County Zoning Code, pursuant to the Program to Implement
the Spokane County Zoning Code.
19. In 2000, Spokane County approved the preliminary plat of Longview Place, to subdivide
approximately 11.2 acres located approximately 1,000 feet northwest of the site, along the west
side of Long Road, into 53 lots for single-family dwellings, in the UR-3.5 zone; along with a PUD
Overlay zone and bonus density. The preliminary plat had a density(net) of 5.52 dwelling units
per acre, and lots ranging from 6,000 to 7,000 square feet in size. See decision in File No. PE-
1870-00 PUDE-2-00. Such project has been platted and developed.
20. In 2001, Spokane County approved the preliminary plat of Longview Place PUD, to
subdivide 3.31 acres of land located approximately 600 feet west of the site, at the northeast
corner of Long Road and Eighth Avenue, into 15 lots for single-family dwellings, in the UR-3.5
zone; along with a PUD Overlay zone and bonus density. See decision in File No. PE-1888-
01/PUDE-6-01. The final plat of such project has an average lot size of approximately 7,300
square feet, and a density(net) of 5.17 dwelling units per acre; and has been developed.
21. On March 31, 2003, the City of Spokane Valley was incorporated in the area. The City
adopted the County's comprehensive plan, zoning code and other land use controls by reference
as interim development regulations; as well as the zoning of land uses in the City; with certain
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 3
exceptions. The site and neighboring land were zoned UR-3.5 under the City Interim.Zoning
Code.
22. On May 5, 2003, the Hearing Examiner approved the preliminary plat of Asher Place, to
subdivide 4.85 acres of land located less than one-half(1/2) mile east of the site, along the north
side of Eighth Avenue, into 17 lots for single-family dwellings; and a rezone of such land from the
UR-3.5 zone to the UR-7* zone. The density(net) of the preliminary plat, which has been
finalized and developed, was 3.9 dwelling units per acre. See decision in File No. PE-1917-03,
23. In 2004, the Hearing Examiner approved the preliminary plat of Corbin Estates, to divide
6.96 acres of land located one-fourth (1/4) mile northwest of the site, along the east side of Long
Road, into 33 lots for single-family dwellings and two (2) divided duplex lots; a rezone of such
acreage from the UR-3.5 zone to the UR-7* zone; and a PUD Overlay zone. The average lot size
in the preliminary plat, which has been platted and developed, was approximately 7,200 square
feet; and the density(net) was 5.51 dwelling units per acre. See decision in File No. REZ-04-
04/SUB-03-04/PUD-02-04.
24. In 2004, the City amended the development standards of the UR-3.5, UR-7* and other
residential zones.
25. On March 24, 2005, the Hearing Examiner approved the rezone of 4.6 acres of land located
630 feet northeast of the site, along the south side of Fourth Avenue, from the UR-3.5 zone to the
UR-7* zone. See decision in REZ-25-04.
26. On January 9, 2006, the Hearing Examiner approved a preliminary plat, and a PUD Overlay
zone, to divide the 4.6-acre site in File No. REZ-25-04 into 21 lots for single-family dwellings, in
the UR-7* zone; at a density(net) of 5.23 dwelling units per acre. See decision in File No. SUB-
16-04/PUD-06-04.
27. In May of 2006, the City adopted its current Comprehensive Plan, and revised its Phase I
Development Regulations to implement such plan. The site and neighboring land are designated
in the Low Density Residential category of the Comprehensive Plan.
28. On October 28, 2007, over six(6) months after the current application was submitted, the
City adopted its Uniform Development Code (UDC). This replaced the City 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.
29. The new zoning adopted by the City under the UDC reclassified the zoning of the land in
the area zoned UR-7* to the Single-Family Residential Urban(R-4) District of the UDC; and
reclassified the UR-3.5 zoning of the site and other neighboring land to the Single-Family
Residential (R-3) District of the UDC, effective October 28, 2007.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 4
30. 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.
31. The R-4 District of the UDC 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.
32. The land lying southerly of the site and Eighth Avenue consists of urban residential
subdivisions, which are at a slightly lower residential density and with slightly larger lot sizes than
the current project.
33. The other nearby land generally consists of single-family homes on acreage parcels; with
urban residential subdivisions located at greater distances from the site, including housing
densities similar to or greater than the current project. An elementary school is located a few
blocks northwest of the site, at the northeast corner of the intersection of Fourth Avenue and
Long Road.
34. Commercial uses and zoning are found along Appleway Avenue in the area; and along
Sprague Avenue west of its intersection with Appleway Avenue, to the northwest.
35. The City Arterial Street Plan designates Eighth Avenue in the vicinity as a Collector
Arterial, Barker Road as a Minor Arterial, and Sprague Avenue as a Principal Arterial.
Neighborhood Opposition to Proposal
36. Neighboring property owners expressed opposition to the project; based on concerns
including residential density, lot size, traffic and pedestrian safety at the curve connecting Long
Road and Eighth Avenue, increased traffic along Eighth Avenue, need for public road
connectivity to Sixth Avenue, need for perimeter fencing, creation of a precedent for higher
density housing, impacts on property values, adequacy of emergency access for project,
availability of public water and sewer to project, narrow streets in area and school capacity.
Relevant Policies of Comprehensive Plan
37. 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.
38. 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.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 5
s
ii
is
39. 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.
40. 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.
41. 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.
42. Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency
evacuation routes be required prior to approving new development.
43. Policy CFP-4.6 of the Comprehensive Plan recommends that new development connect to
public sewer and water.
44. 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.
45. 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.
46. 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.
Relevant Zoning Standards 1s
47. 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.
48. The Staff Report analyzed the current application under the proposed UR-7* zone and other
provisions of the City Interim Zoning Code, the City Phase I Development Regulations, the City
Interim Subdivision Ordinance, and other development regulations in effect when the application
was submitted as complete.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 6
49. 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.
50. 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.
51. The UR-3.5 zone permitted single-family homes, duplexes and various other uses; and
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, and a minimum lot frontage of 80 feet for a
single-family dwelling.
52. 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.
53. 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.
54. The UR-7 zone provided for a minimum lot size of 6,000 square feet for a single-family
dwelling, and a minimum lot frontage of 65 feet for a single-family dwelling. The building
setbacks, and the maximum building height, in the UR-3.5 zone and the UR-7 zone were identical.
55. The UR-7 zone required the installation of a 6-foot high sight-obscuring fence, wall or solid
landscaping 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, east and west at the time the current application
was submitted, but now abuts the R-3 zoning district along such boundaries. The UDC does not
require perimeter fencing in the R-3 or R-4 zoning districts.
56. The minimum lot width of 65 feet in the R-3 zoning 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
zoning district is substantially greater than the 6,000 square foot minimum lot size required by the
expired UR-7* zone. However, the R-3 zoning district appears to allow a more comparable ,?
maximum housing density to the expired UR-7* zone than the R-4 zoning district.
57. The conditions of approval recommended by the City Planning Division, in the Staff Report,
state that the City zoning map "...will be updated to reflect an R-4 zoning district which is the
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 7
City's equivalent to the Interim Urban Residential-7* (UR-7*) zoning district designation..." for
the site. However, the current application did not propose a rezone to the R-4 zoning district.
58. The City Planning Division approved an administrative exception for the application, to
allow the lot frontages in the project to be reduced below the minimum lot frontage of 65 feet in
the UR-7 zone, to as low as 60 feet. This was based on the additional right of way that the
applicant was required to provide for Sixth Avenue in the preliminary plat. See decision in File
No. ADE-10-07, and Sections 14.506.020 and 14.404.090 of City Interim Zoning Code.
59. The Staff Report found that the application otherwise complied with the development
standards of the UR-7* zone.
60. The conditions of approval recommended by the City Planning Division require the
applicant to install 6-foot screening along the north, east and west boundaries of the preliminary
plat, adjacent to former UR-3.5 zoning.
61. The 6-foot high screening along the west boundary will screen the residential land uses
developed on the site from the keeping of horses on the 3-acre parcel that abuts the site on the
west. See letter dated 8-6-07 from Brenda and Lonnie Berm, and testimony of Brenda Berm.
62. The applicant objected to the required screening along the north property line, since the
one-half(1/2) right of way for Sixth Avenue abuts the north boundary of the preliminary plat; but
agreed to maintain the existing rail fencing along the north boundary of the site to remain as long
as practicable. This is reasonable, considering that the land bordering the site is no longer zoned
UR-3.5.
Transportation Concurrency and Impacts, Fire District requirements
63. The City has adopted the 2001 County Standards for Road and Sewer Construction by
reference, with the reference to "County" in such standards replaced with "City". Such standards
are referenced below as the "City Road Standards".
64. The guidelines set forth in the City Road Standards, for planning transportation systems,
recommend the provision of adequate vehicular and pedestrian access to all parcels of land,
minimizing through traffic movements and excessive speeds on local access streets, logical street
patterns, minimizing vehicular and pedestrian-vehicle conflict points, considering traffic
generators in designing a street system in a proposed development, and consideration of bordering
arterial routes. See City Road Standards, p. 1-8.
65. The City Road Standards vest the City Public Works Department-Development Engineering
Division ("City Engineering") with broad discretion in selecting the roadway section to be applied
in constructing new city roads and improving existing city roads, based on numerous factors. See
City Road Standards, Section 3.03.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 8
66. The City Road Standards require the construction of curb and sidewalk along the public
road frontage of new developments located within urban land use zones. Where sidewalks are
required, they must be separated from the curb and an adjacent planting strip or drainage swale,
unless a design deviation is approved by City Engineering based on local conditions.
67. The City Engineering conditions of approval for the project require the applicant to improve
Eighth Avenue along the frontage of the site to a width of 18.5 feet from road centerline; and by
installing curb, gutter, separated sidewalk and a roadside drainage swale.
68. The City Engineering conditions of approval require the applicant to improve the internal
public streets in the preliminary plat to public street standards, including the installation of a
temporary turnaround for Moen Street.
69. The conditions of approval recommended by the Spokane Valley Fire Department (County
Fire District 1) require the installation of a new fire hydrant in the project, the submittal of an
approved water plan, and the turnaround at the north end of Moen Street.
70. Section 1.03(8) of the City Road Standards do not require a secondary access road for
fire/emergency vehicles in new urban residential subdivisions, unless the number of proposed lots
is 50 or more. The current project has only 20 proposed lots, and provides adequate connectivity
to the City road system in the vicinity.
71. The former City Phase I Development Regulations required all development projects to
comply with the transportation concurrency requirements set forth in the City Road Standards, by
preserving an acceptable level of service (LOS) for traffic at City road intersections. The City
Road Standards require signalized intersections to meet LOS "D" requirements, and un-signalized
intersections to meet LOS "E" requirements. City Road Standards, Section 1.20.
72. The City Road Standards authorize City Engineering to determine the scope of a traffic
impact study for a project, ranging from an in-depth analysis of site-generated levels of service to
a cursory review of safety issues; based on engineering judgment whether the project is likely to
generate enough peak hour trips to lower or aggravate the minimum acceptable level of service,
or whether an existing traffic route with a history of accidents will be impacted by an increase in
traffic from the proposal. See City Road Standards, Section 1.30.
73. The applicant submitted a trip generation and distribution letter for the project prepared by a
consulting traffic engineer to City Engineering. On August 27, 2007, City Engineering certified
that the preliminary plat application met the transportation concurrency requirements of the City
Phase I Development Regulations. City Engineering condition#9, on page 11 of Staff Report,
has already been complied with by the applicant and should be deleted.
74. The project provides for the addition of sidewalk along the north side of Eighth Avenue
adjacent to the site. There is already sidewalk located along the south side of Eighth Avenue in
the area; and a hard pedestrian path located along the west side of Long Road between Eighth
Avenue and Greenacres Elementary School, at Fourth Avenue and Long Road. This was required
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 9
for the Turtle Creek and Turtle Creek South developments located to the south. See decision in
File No. PE-1815-96.
75. There is no competent evidence in the record, of a traffic engineering nature, to indicate that
the project will have any significant adverse impact on the level of service at area road
intersections, or on traffic or pedestrian safety in the area; or to call into question the conditions
of approval recommended by City Engineering for the project.
Drainage and Erosion Impacts
76. The City Engineering conditions of approval require the final plat of the project to comply
with City and State requirements for drainage and temporary erosion control.
Impacts to School and Parks
77. Central Valley School District#356 submitted written comments advising that the district
expects to have room for additional students from the project until the fall of 2008; although it
could not ensure that such students would attend the nearest school, and students may have to be
transported to school in other areas.
78. Central Valley School District#356 asked that if new homes in the district were completed
after the fall of 2008, the City postpone approval of such development pursuant to RCW
58.17.110, and the City Comprehensive Plan, pending the availability of additional school
facilities; or condition approval on the developer paying the City a per dwelling unit fee "...equal
to the district's eligibility for school impact fees." See letter dated 9-24-07 from CVSD.
79. The Comprehensive Plan does not adopt levels of service for public schools, and allows
each school district to adopt its own levels of service.
80. The Comprehensive Plan states that Central Valley School District's greatest need is to
develop new elementary school capacity in the east end of the district; the district recently
acquired two properties in the north Greenacres area for a new elementary school, the district will
need to construct a new high school and middle school in the next 20 years, the district currently
has a site for a new middle school in the Liberty Lake area, and a number of elementary schools
(including Greenacres Elementary) need to be completely remodeled.
81. The Comprehensive Plan indicates that the City currently has adequate park capacity to
meet the level of service adopted in the Comprehensive Plan of 1.92 acres per 1,000 persons, and
plans to purchase additional parkland by 2011 to maintain a surplus of parkland. City Parks and
Recreation did not comment on the project.
82. The City Phase I Development Regulations do not require direct concurrency for schools,
parks, law enforcement services or fire protection services. Accordingly, the Examiner lacks
authority to condition or deny the proposal based on its capacity impacts on such public services.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 10
Public Sewer and Water Concurrency
83. The County Division of Utilities, and Consolidated Irrigation District #19, respectively
certified the availability of public sewer and water for the proposal. County Utilities and Spokane
Regional Health District conditions of approval require the final plat to connect to public sewer
and water.
84. The proposal complies with the public sewer and water concurrency requirements of the
City Phase I Development Regulations.
Consistency with Comprehensive Plan, and Development Regulations
85. The Staff Report found the preliminary plat and rezone, as conditioned, to be consistent
with the Comprehensive Plan and applicable development regulations. The Examiner concurs
with such analysis, as supplemented herein.
86. The density and lot sizes in the preliminary plat are similar to other subdivisions recently
approved in the area.
87. The site is appropriate for a rezone to the UR-7* zone; considering that the UR-7* zone
specifically implemented the Low Density Residential category of the Comprehensive Plan under
the City Phase I Development Regulations, the location of the site along a Collector Arterial and
near the major transportation systems in the area, the location of the site in a developed urban
residential area, other rezones to the UR-7* zone approved in the area, and the high level of
public services available to the project.
88. No public agencies objected to the proposal, as conditioned, or its environmental impact.
The project will not have more than a moderate effect on the quality of the environment. The
DNS issued for the application was not appealed.
89. The proposal has been conditioned for compliance with the UR-7* zone, the City Interim
Zoning Code, the City Interim Subdivision Ordinance, and other applicable development
regulations. No deficiencies with regard to the compliance of the proposal, as conditioned, with
applicable development regulations have been established in the record.
Compliance with Design Criteria in Interim Subdivision Ordinance
90. The design, shape, size and orientation of lots in the preliminary plat are appropriate for the
proposed use of such lots, and the character of the area in which the lots are located; as required
by the City Interim Subdivision Ordinance.
91. Block dimensions in the preliminary plat reflect due regard for the needs of convenient
access, public safety, emergency vehicle access, topography, road maintenance and provision of
suitable sites for the proposed use; as required by the City Interim Subdivision Ordinance.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 11
92. The road alignments in the proposal are designed with appropriate consideration for existing
and planned roads, anticipated traffic patterns, topographic and drainage conditions, safety and
the proposed use of the site; as required by the City Interim Subdivision Ordinance.
Changed Conditions Supporting a Rezone of the Site
93. Significant changes have occun.ed in the area since the zoning of the site was reclassified to
the UR-3.5 zone by the County in 1991, and continued by the City when it incorporated in 2003.
This includes the extension of public sewer to the area, designation of the site and neighboring
land in the Low Density Residential category of the City Comprehensive Plan, adoption of the
City Phase I Development Regulations and Comprehensive Plan, inclusion of the site and
neighboring land in the City of Spokane Valley, and the approval of recent rezones to the UR-7*
and urban residential subdivisions similar to the project in the area.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. 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, and 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.
l
2. Pursuant to RCW 58.17.033, a preliminary plat application is subject to review and approval
under the zoning and other development regulations in place when a complete application for the
preliminary plat was submitted.
3. The current application is subject to review under the zoning and other development
regulations in place at the time the current application was submitted as complete on June 6,
2007. The includes, without limitation, the City Interim Zoning Code, City Interim Subdivision
Ordinance, City Phase I Development Regulations, and the City Application Review Procedures
for Project Permits.
4. 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 0 6
20 Zoning Code 14 4 2.1 0.
( ) g and o g Cod
5. 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
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.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 12
6. RCW 36.70B.030 requires that a comprehensive plan and development regulations adopted
by local government under the State Growth Management Act (GMA) serve as the foundation for
project review; and that where standards for development are specified in local development
regulations, or in the absence of applicable development regulations, are addressed in a
comprehensive plan, such regulations, or the comprehensive plan, respectively, are determinative
of the standards of development for the land use action.
7. If the proposed rezone to the UR-7* zone meets the rezone criteria established in Section
14.402.020(1) and Washington case law, the Hearing Examiner cannot question the density(net),
lot sizes, lot frontages, lot configuration or proposed land uses in the preliminary plat; since such
features of the preliminary plat comply with the development standards of the UR-7* zone. See
RCW 36.70B.030.
8. To be approved, the preliminary plat must comply with applicable development regulations;
make appropriate provision for the public health, safety and general welfare; serve the public use
and interest; and make appropriate provision for open spaces, drainage ways, streets or roads,
other public ways, potable water supplies, transit stops, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, critical areas, fire/emergency access, sidewalks for
children who reach school by walking, and other relevant facts and planning features. See RCW
58.17.110, City Interim Subdivision Ordinance, and Chapter 18.30 of the UDC.
9. Under Washington case law, where there is a conflict between the policies of a
comprehensive plan, and the zoning code or other development regulations by adopted b the local
p
government, the zoning code and development regulations are controlling over the policies of a
comprehensive plan.
10. Under Washington case law, community displeasure, standing alone, cannot form the basis
for denying a land use application. Such views must be related to the approval criteria established
for the application, and supported by competent evidence.
11. Certain conditions recommended by the City Planning Division and the City Engineering
Division should be modified, as discussed in the Findings of Fact above.
12. The proposed rezone to the UR-7* zone, as conditioned, generally conforms to the
Comprehensive Plan and complies with the City Phase I Development Regulations.
13. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
14. A substantial change of circumstances has occurred in the area since the site was last zoned.
15. The preliminary plat and dedication, as conditioned, generally conform to the
Comprehensive Plan; will serve the public use and interest; and make appropriate provision for the
public health, safety and general welfare.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 13
16. The preliminary plat and dedication, as conditioned, make appropriate provision for open.
spaces, roads, drainage ways, schools and school grounds, playgrounds, parks and recreation,
sidewalks for children who walk only to school, non-motorized transportation, sanitary wastes,
potable water supplies, easements, utilities, planning features, and all other relevant facts as
specified in RCW 58.17.110 and the City Interim Subdivision Ordinance.
17. The proposed subdivision, as conditioned, meets the general design requirements specified
in Section 12.400.122 of the City Interim Subdivision Ordinance, and the other requirements for
the approval of preliminary plats listed in Chapter 12.400 of such ordinance.
18. 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 probable,
significant, adverse impact on the environment.
19. The proposal, as conditioned, complies with the UR-7* zone, the Aquifer Sensitive Area
(ASA) Overlay zone, other applicable provisions of the City Interim Zoning Code, and other
applicable development regulations in place at the time the application became complete on June
6, 2007.
of
20. Since the application did not propose a rezone to the R-4 District of the UDC, it is not
appropriate to reclassify the current zoning of the site from the R-3 District to the R-4 District
based on the approval of the current application.
21. The underlying zoning of the site should remain in the R-3 District, subject to the
preliminary plat being finalized and developed under the UR-7* zone and other relevant
provisions of the City Interim Zoning Code.
22. Approval of the zone reclassification is appropriate under Chapter 14.402.020(1) of the City
Interim Zoning Code, Chapter 18.20 of the UDC, and Washington case law.
23. Approval of the preliminary plat is appropriate under the City Interim Subdivision
Ordinance, Chapter 18.20 of the UDC, and Chapter 58.17 RCW.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the consolidated application
for a preliminary plat and zone reclassification in the above file is hereby approved, 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-08-07/SUB-01-07 Page 14
Conditions of Approval:
A. General
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-- PLANNING
DIVISION:
1. The final plat shall be developed in accordance with Chapter 14.618 (UR-7*) zone and
other applicable provisions of the Spokane Valley Interim Zoning Code, the Spokane Valley
Interim Subdivision Ordinance, and other development regulations in place at the time the
current application was submitted as complete on June 6, 2007. The underlying zoning of the
site shall remain in the Single-Family Residential (R-3) District of the Spokane Valley Uniform
Development Code (UDC).
2. The final plat shall be developed in substantial conformance to the preliminary plat map of
record submitted on August 24, 2007. The final plat shall include a maximum of twenty (20) lots
for single-family dwellings, unless a preliminary plat modification or change of conditions is
approved pursuant to Chapter 20.50 of the UDC.
3. Pursuant to Section 12.100.116 (Expiration of Approval) of the Spokane Valley Interim
Subdivision Ordinance ("Subdivision Ordinance"), the preliminary plat approval shall
automatically expire on February 1, 2013, unless a time extension request is approved by the
Director. If a request for an extension of time is not timely submitted and approved, the
preliminary approval expires and the plat is null and void. Pursuant to Section 20.30.060 of the
UDC, an application form and supporting data for a time extension must be submitted to the
Community Development Department at least thirty (30) calendar days prior to expiration of the
preliminary plat approval.
4. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale, lease,
or transfer of any lot or parcel created pursuant to the Subdivision Ordinance that does not
conform to the requirements of the preliminary plat approval or that occurs without approval,
shall be considered a violation of Chapter 58.17 RCW, and shall be restrained by injunctive action
and shall be illegal, as provided in Chapter 58.17 RCW. Each sale, lease, or transfer of each
separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a
separate and distinct offense.
5. Pursuant to Section 14.618.375 (Utilities) of the Spokane Valley Interim Zoning Code
("Zoning Code"), all utility hardware shall be placed underground or screened from view with a
decorative block wall or landscaping. Said screening shall be as high as the highest portion of the
equipment and shall be permanently maintained.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 15
B. Prior to final plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT --PLANNING
DIVISION:
1. In order to comply with Section 14.618.365 (Walls) of the Zoning Code, the applicant shall,
prior to final plat approval, construct a six(6)-foot high concrete, masonry, or decorative block
wall, solid landscaping or sight-obscuring fence ("screening") along the east and west property
lines. Further, the applicant shall submit a written agreement agreeing that the applicant or
successors in interest shall continuously maintain the 6-foot high screening in good condition.
The applicant shall at the same time agree that at time of sale of any and all of the parcels created
through a final plat, to notify in writing all buyers of the requirement to maintain the 6-foot high.
screening along the portion of the property under their direct control. The applicant shall also
maintain the existing wood rail fence located along the north property line of the site, as long as
is practicable.
2. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision Ordinance,
the final plat shall be submitted and shall be made by or under the supervision of a professional
land surveyor, who shall certify on the final plat that it is a true and correct representation of the
lands actually surveyed. All surveys shall comply with the Survey Recording Act (RCW Chapter
58.09), Survey and Land Descriptions (WAC Chapter 332-130), and the 2001 City Interim
Standards for Road and Sewer Construction, as amended.
3. The final plat shall comply with all submittal requirements specified in Chapter 12.400 of
the Subdivision Ordinance.
4. Pursuant to Section 12.400.144 (Filing) of the Subdivision Ordinance, the City of Spokane
Valley shall record the final plat with the Spokane County Auditor's Office, upon receipt of all
required signatures on the face of the plat; provided that the applicant shall submit, prior to
recording, all required recording fees to pay for the cost of three (3) copies of the recorded final
plat for distribution to the City of Spokane Valley Planning, Engineering and Building Divisions.
5. The final plat dedication shall state: "All lots within this plat shall comply with the building
setback requirements, maximum building height standard, maximum lot coverage standard and
other applicable lot development standards for the UR-7* zone or successor zoning designation to
the extent permitted by Washington State law in effect at the time of building permit application."
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT-DEVELOPMENT ENGINNERING
DIVISION:
6. Frontage improvements are required on Eighth Avenue. Eighth Avenue is designated as a
Collector Arterial Street. Frontage improvements include 18.5 feet of asphalt width from road
centerline, Type B curb and gutter (2 feet), a grassy swale or planting strip, and sidewalk.
Required right-of-way and border easement dedication must be determined by the design engineer
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 16
and designated on the construction plans and final plat map. Note: the building setback begins at
the edge of the border easement.
7. All internal streets shall be designed to public street standards in the 2001 Spokane County
Road and Sewer Standards. The internal street layout shall be coordinated with Development
Engineering. A temporary turnaround needs to be provided at the end of the internal north/south
street.
8. No direct access is allowed from parcels to Eighth Avenue, except for Lot 1 of Block 2 of
the preliminary plat.
9. A traffic control plan will be required for work within the right-of-way. The plan shall be
part of the civil submittal and shall address all utility connections and potential land closures
anticipated for construction for this project.
10. The project proponent is responsible for arranging for all necessary utility adjustments,
relocations, or improvements as required for completion of the project. The developer needs to
contact the purveyors of each affected utility regarding private service, utility improvement, and
any relocation and adjustment costs. All rigid objects shall be located out of the clear zone.
These clear zone requirements can be found in the 2001 Spokane County Road and Sewer
Standards, as adopted by the City; or as amended.
11. For the installation of utilities (sewer, water, etc.) in the Spokane Valley roadway system,
the applicant is required to submit civil plans which show the extent of pavement removal and
replacement. A cross section shall be submitted that shows the existing lane width and
replacement lane width, pavement thickness, top course thickness, cross slope; profiles showing
the centerline and left and right edge of pavement including grades and changes in elevation from
existing, and how the replaced roadway ties into the existing (tapers, etc).
12. A Temporary Erosion and Sedimentations Control(TESC) plan, prepared by a
Washington State licensed Professional Engineer, shall be prepared and submitted with the site
construction plans and will cover all construction activities for the improvements proposed in
these plans. The TESC plan shall follow 1998 Spokane County Guidelines for Stormwater
Management, as adopted by the City.
13. All new dry wells and other injection wells must be registered with the Underground
Injection Control Program(UIG) at the Department of Ecology prior to use and the discharge
form the well(s) must comply with the ground water quality requirement (nonendangerment
standard) at the top of the ground water table. Contact the UIC staff at the Department of
Ecology.
14. Right-of-way dedication and border easements must be designated on the final plat map.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 17
15. If applicable, the project proponent shall submit written evidence of the formation of a
Homeowner's Association(HOA) to perpetually operate and maintain the on-site private
facilities.
16. Show all utility easements (i.e. telephone, power, etc.)
SPOKANE REGIONAL HEALTH DISTRICT
17. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
18. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Planning Department to the utility companies, City of Spokane Valley
Public Works Department, and the Spokane Regional Health District. Written approval of the
easements by the utility companies shall be received prior to the submittal of the final plat.
19. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
20. Water service shall be coordinated through the Director of Utilities, Spokane County.
21. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
22. Prior to filing the final plat, the applicant shall demonstrate to the satisfaction of the
Spokane Regional Health District that an adequate and potable water supply is available to each
lot of the plat.
23. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
24. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. Said water plan must have been
approved by the fire protection district and the appropriate health authorities. The health
authorities, water supplier (purveyor), and the fire protection district will certify, prior to the filing
of the final plant, on the face of said water plan that the plan is in conformance with their
requirements and will adequately satisfy their respective needs. Said water plan and certification
will be drafted on a transparency suitable for reproduction.
25. The purveyor will also certify prior to filing the final plat on a copy of said water plan that
appropriate contractual arrangements have been made with the plat sponsor for construction of
the water system, in accordance with the approved plan and time schedule. The time schedule
will provide, in any case, for completion of the water system and inspection by the appropriate
health authorities prior to application for building permits within the plat. The contractual
arrangement will include a provision holding City of Spokane Valley, Spokane Regional Health
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 18
I
I
District, and the purveyor harmless from claims by any lot purchaser refused a building permit clue
to failure of the plat sponsor to satisfactorily complete the approved water system.
26. A public sewer system will be made available for the plat and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
27. The final plat dedication shall state: "A public sewer system will be made available for the
plat and individual service will be provided to each lot prior to sale. Use of individual on-site
sewage disposal systems shall not be authorized."
28. The final plat dedication shall state: "Use of private wells and water systems is
prohibited."
29. The final plat dedication shall state: "The public water system, pursuant to the Water Plan
approved by County and State health authorities, Spokane Valley Fire Department, the City of
Spokane Valley Building and Planning Divisions, and water purveyor, shall be installed within this
subdivision, and the applicant shall provide for individual domestic water service as well as fire
protection to each lot prior to sale of each lot and prior to issuance of a building permit for each
lot."
SPOKANE COUNTY DIVISION OF UTILITIES:
30. The final plat dedication shall state: "Public sewers shall be constructed to provide for the
connection of each parcel to the County's system of sewerage. Uses on properties within the
project shall be required to connect to the sewer and pay applicable charges per the County Sewer
Ordinance. Sewer connection permits shall be required."
31. 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.
32. Sewer plans acceptable to the Division of Utilities shall be submitted before final plat
approval.
33. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities, and for the prescribed warranty period. Security shall be in a
form acceptable to the Division of Utilities.
34. Security shall be submitted to the Division of Utilities prior to approval of the Sewer
Design Plan.
35. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 19
SPOKANE VALLEY FIRE DEPARTMENT (SPOKANE COUNTY FIRE DISTRICT 1):
36. A new fire hydrant shall be installed at the northeast corner of Moen and 8`"Avenue.
37. Addressing and street names need to be consistent with area streets and addresses.
38. Provide a water plan showing location of required hydrant and sixe of water main.
39. Access roads in excess of 150 feet shall be provided with an approved turnaround.
AVISTA UTILITIES:
40. The final plat dedication shall state: "Dry Utility easements shown on the herein described
plat are hereby dedicated for the use of serving utility companies for the construction,
reconstruction, maintenance, protection inspection, and operation of their respective `dry'
facilities; fiber optics, cable, phone, natural gas and electric. The rights granted herein prohibit:
Encroachment of drainage swales or `208' structures when they interfere with the utilization of
these easement strips by the serving utilities; Changes in grade that alter coverage of underground
facilities, Installation of water meter boxes and the placement of surface structures of brink, rock
or masonry that may interfere with the rights granted herein. The installation of street light poles
is also prohibited unless installed by the serving utility. Utility companies shall also have the right
to trim or remove trees, bushes and landscaping, without compensation, when they are situated
within the easement strip. This provision shall not prohibit fences or any lateral crossings of the
easement strips with domestic water or sewer lines. If the developer or his subcontractor should
ditch beyond the limits of the platted easement strips shown hereon, the easement shall then be
identified by the actual physical location of the installed utilities."
C. Prior to or during on-site construction, the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINNERING
DIVISION:
1. A pre-construction conference with Public Works is required prior to the start of
construction. During the conference, standards and submittal requirements for the Construction
Certification will be given to the project engineer/inspector.
2. For construction affecting right-of-way:
a. Fourteen(14) days prior to construction, securely post a sign at each ingress to the
project area that is clearly visible form the right-of-way providing project construction details.
3. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 20
1
4. NOTICE—The Regional Pavement Cut Policy(County Standards, Technical Reference
F) may prevent or limit pavement cuts in the adjacent street (s). There is a three (3)-year
moratorium on pavement cuts for newly paved streets. Please contact the City right-of-way
inspector at 688-0053 for further information.
5. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to
the start of site work, and shall be maintained throughout the duration of construction and until
the site has stabilized.
6. Construction within the proposed public streets and easements shall be performed under
the direct supervision of a licensed Washington State Professional Engineer/Land Surveyor, who
shall furnish the City Engineer with"Record Drawing" plans and a certification package certifying
all improvements were installed to the lines and grades shown on the approved construction plans
and that all disturbed monuments have been replaced. All work is subject to inspection and
approval by the City Engineer or by his/her staff. The certification package submittal shall follow
all applicable standards.
7. Upon completion of the frontage improvements, a Construction Certification packages is
required for the improvements; and shall be submitted and approved prior to releasing the
performance surety.
SPOKANE REGIONAL CLEAN AIR AGENCY:
8. 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.
9. 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.
10. Debris generated as a result of this project shall be disposed of by means other than burning.
11. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
12. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
13. A Notice of Construction and Application for Approval shall 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. Contact SCAPCA for a Notice of
Application.
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 21
z
14. A Notice of Intent shall 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 VALLEY FIRE DEPARTMENT (SPOKANE COUNTY FIRE DISTRICT 1):
15. Addresses shall be posted during and after construction.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
16. Upon the discovery of potential or known archaeological resources on the site prior to or
during future on-site construction, the applicant, contractor, and/or any other parties involved in
construction shall immediately cease all on-site construction, shall act to protect the potential or
known historical and cultural resources area from outside intrusion, and shall notify, within a
maximum period of 24 hours from the time of discovery, the City of Spokane Valley Community
Development Department-Planning Division, and the State Department of Archaeology and
Historic Preservation of said discovery.
DATED this 1 st day of February, 2008
CITY HEARING EXAMINER PRO TEM
4
ei„ze it
Michael . Dempsey, WSBA#8235
HE Findings, Conclusions and Decision REZ-08-07/SUB-01-07 Page 22
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Section 17.90.010 of the Spokane Valley Uniform Development Code (UDC),
the decision of the Hearing Examiner on a combined application for a zone reclassification and
preliminary plat is final and conclusive unless within fourteen (14) calendar days from the
Examiner's written decision, a party of record aggrieved by such decision files an appeal of such
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 1, 2008. THE APPEAL CLOSING DATE IS FEBRUARY 151
2008.
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, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
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-08-07/SUB-01-07 Page 23