REZ-05-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification from )
the Urban Residential-3.5 (UR-3.5)Zone ) FINDINGS OF FACT,
to the Urban Residential-7* (UR-7*) Zone; ) CONCLUSIONS OF LAW,
Applicant: Dan Coyle ) AND DECISION
File No. REZ-05-06 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a zone reclassification from the UR-3.5 zone to the UR-7*
zone.
Summary of Decision: Approve application, subject to conditions of approval.
II. 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, on approximately .97 acres of land.
2. The site is located along the north side of Valleyway Avenue, south of and adjacent to the
unimproved right of way for Olive Avenue, and north of the intersection of Pierce Road and
Valleyway Avenue. The property is situated in the NE 1/4 of the SW 1/4 of Section 16, Township
25 North, Range 44 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45163.0277, and is
addressed at 11103 East Valleyway, Spokane Valley. The property is legally described on the
proposed preliminary short plat map submitted for the site on February 2, 2006.
4. The applicant and site owner is Dan and The EMHO Corporation, c/o Dan Coyle, PO Box
412, Veradale, Washington 99037.
5. On January 30, 2006, the applicant submitted a complete application for a zone
reclassification to the City of Spokane Valley Department of Community Development in the
above file.
6. On February 2, 2006, the applicant submitted a preliminary short plat application to divide
the site into four(4) lots. The preliminary short plat map submitted on February 2, 2006
illustrates one (1) lot for the existing residence in the middle of the site, two (2) lots for single-
family residences located along Valleyway Avenue, and a lot for a duplex dwelling in the north
end of the site. The map shows a 15-foot wide "access and utility easement" extending between
Valleyway Avenue and Olive Avenue, lying 15 feet east of the west border of the site; which
easement would serve the proposed duplex lot, the existing residence and the westerly proposed
lot abutting Valleyway Avenue. j
HE Findings, Conclusions and Decision REZ-05-06 Page 1
7. On March 24, 2006, the City Department of Community Development issued a
Determination of Nonsignificance (DNS) for the proposed rezone and short plat applications.
The DNS was not appealed.
8. The Hearing Examiner conducted a public hearing on the rezone application on April 27,
2006. The notice requirements for the ublic hearing were met. The Examiner conducted site
p g
visits on April 26 and May 9, 2006.
9. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the City Municipal
Code, and the City Hearing Examiner Rules of Procedure.
10. The following persons testified at the public hearing:
Karen Kendall, Associate Planner Dan Coyle
Spokane Valley Community Development Dept. PO Box 412
11707 E. Sprague Avenue, Suite 106 Veradale, WA 99037
Spokane Valley, WA 99206
Dennis Sanders Ewald and Krystyna Zerbin
10910 E. Nixon 9405 E. Broadway
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Jan and Mike Naccarato Dawn Warren
210 N. VanMarter PO Box 436
Spokane, WA 99206 Veradale, WA 99037
Don Merkle Lowell Phillips
11019 E. Olive Avenue PO Box 14070
Spokane, WA 99206 Spokane Valley, WA 99214
Joan Farthing
11023 E. Valleyway
Spokane Valley, WA 99206
11. The Hearing Examiner takes notice of the City of Spokane Valley Interim Comprehensive
Plan, Zoning Code, Subdivision Ordinance, City Phase I Development Regulations, City 2001
Standards for Road and Sewer Construction, other applicable development regulations, and prior
land use decisions in the vicinity.
12. The record includes the documents in File No. REZ-05-06 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.
HE Findings, Conclusions and Decision REZ-05-06 Page 2
13. The site is approximately .97 acres in size and relatively flat in topography. The property is
improved with a single-family residence and two sheds, and is vegetated with grasses and mature
deciduous trees.
14. In 1990, the County rezoned approximately 1.8 acres of land located approximately 360 feet
southeast of the site, along the north side of Main Avenue, to the Urban Residential-12 (UR-12)
zone. See decision in ZE-7-90. Such acreage was platted into 15 lots for single-family dwellings
in 1990, on 3,000 square foot lots, as Moffit Court Addition.
15. Effective January 1, 1991, Spokane County reclassified the zoning of the site and nearby
land, except the land zoned UR-12 referenced above, to the Urban Residential-3.5 (UR-3.5) zone;
pursuant to the Program to Implement the Spokane County Zoning Code, a county-wide rezoning
effort.
16. In 1993, the County rezoned a .7-acre parcel of land located directly south of the site across
Valleyway Avenue from the UR-3.5 zone to the Urban Residential-7 (UR-7) zone. See decision
in File No. ZE-38-93. Such parcel was short-platted into two (2) lots for duplexes in 1994. See
Short Plat SP-946-94. In 1992, a .8-acre parcel of land lying directly north of the site was short
platted into two (2) lots for single-family homes. See Short Plat SP-744-92.
17. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and County Phase I Development Regulations, pursuant
to the State Growth Management Act. The County Phase I Development Regulations designated
the site and area in the UGA.
18. The County Comprehensive Plan designated the site; and nearby land to the north, west,
east, south and southeast; in the Low Density Residential category; and designated the land lying
southwest of the site in the High Density Residential category. The County Comprehensive Plan
designated the land located along and near Sprague Avenue to the south in the Regional
Commercial category.
19. The County Phase I Development Regulations retained the Urban Residential-3.5 (UR-3.5)
zoning of the site, and the existing zoning of the other land located near the site.
20. On March 31, 2003, the site and neighboring land were officially incorporated into the City
of Spokane Valley. On the same date, the City adopted by reference, as City land use controls,
the County's Comprehensive Plan, Zoning Code, Phase I Development Regulations and certain
other development regulations, subject to certain revisions not relevant to the current application.
21. Neighboring land generally consists of single-family homes on lots mostly smaller than the
current site. The .24-acre lot located directly northeast of the site is undeveloped. The title
company parcel information in the file indicates duplexes on each of the two lots in the UR-7 zone •
located directly south of the site across Valleyway Avenue; an existing duplex on a .29-acre lot
located along the south side of Olive Avenue, approximately 390 feet west of the site; and a
HE Findings, Conclusions and Decision REZ-05-06 Page 3
duplex on a .44-acre site lying along the south side of Valleyway Avenue, 110 feet southwest of
the site.
22. Several 3,000-square foot lots improved with single-family homes are found in the UR-12
zone located 360 feet southeast of the site along Main Avenue. See parcel information in project
file. Broadway Elementary School is located 350 feet northwest of the site. Intensive commercial
uses and zoning are located along Sprague Avenue to the south. The description of neighboring
land uses on page 2 of the Staff Report is inaccurate. See testimony of Karen Kendall.
23. The City Arterial Road Plan designates Valleyway Avenue as an Urban Collector Arterial;
Bowdish Road as an Urban Minor Arterial; and Broadway Avenue, University Road and Sprague
Avenue as Urban Principal Arterials. The roads in the vicinity generally lack curb and sidewalk.
24. Olive Avenue has a half right of way adjacent to the site and the lot abutting the site on the
west, which right of way is unimproved. The right of way becomes full width and is paved west
of such half right of way. Two small, parcels in the form of semicircles abut the north and south
sides of the east end of the full width right of way, in a cul-de-sac configuration; the ownership of
which parcels is not clear from the parcel information in the project file. City right of way for
Olive Avenue does not exist east of the site.
25. Neighboring property owners expressed opposition to the proposed rezone; based on the
increased housing density and smaller lots the rezone would allow, inconsistency of the proposed
duplex with neighboring single-family homes, potential for increased crime and lack of
maintenance with rental housing, adverse impacts on property value, traffic congestion and safety
impacts along Valleyway Avenue and other neighboring roads, need for the proposed short plat of
the site to widen or improve Olive Avenue on and west of the site, dust and access impacts along
Olive Avenue to the west, increased noise, loss of privacy, and other concerns.
26. The City Zoning Code authorizes 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.
27. 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.
28. The City Phase I Development Regulations require 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, in which the site is designated, are the UR-3.5 and UR-7 zones. The
proposed UR-7* zone implements the Phase I Development Regulations.
HE Findings, Conclusions and Decision REZ-05-06 Page 4
29. The UR-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
single-family homes, duplexes and certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres. The minimum lot size for a single-family
dwelling and a duplex dwelling is, respectively, 10,000 square feet and 20,000 square feet;while
the minimum frontage for both uses in the UR-3.5 zone is 80 feet.
30. The UR-7 zone is intended to add to the variety of housing types and densities, 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 permits the development of single-family homes,
duplexes, multi-family dwellings and certain other uses.
31. The City Phase I Development Regulations limit new residential development on land
rezoned to the UR-7 under such regulations to a maximum density(net) of six(6) dwelling units
per acre, with such zoning referred to as "UR-7*". The UR-7 zone otherwise permits a density
(net) of seven(7) dwelling units per acre. The minimum lot area in the UR-7 zone is 6,000 square
feet for a single-family dwelling and 11,000 square feet for a duplex. The minimum frontage in
the UR-7 zone is 65 feet for a single-family dwelling and 90 feet for a duplex.
32. The density(net) of the proposed preliminary short plat is determined by dividing the
number of proposed dwelling units by the difference between the gross acreage of the site and the
area of the preliminary short plat reserved for roads (public or private roads, but not driveways).
See definition of"density" in Zoning Code 14.300.100. Under the City Road Standards, a private
driveway may serve up to three (3) lots.
33. The preliminary short plat submitted on February 2, 2006 has a residential density(net) of
approximately 5.14 dwelling units per acre, which complies with the maximum density(net)
permitted in the UR-7* zone of six(6) dwelling units per acre.
34. Policy UL.9.1 of the Comprehensive Plan recommends that residential densities in the Low
Density Residential category of the Comprehensive Plan range from 1-6 dwelling units per acre.
Policy UL.9.2 recommends that the County seek to achieve an average residential density in new
development of at least four(4) dwelling units per acre, through a mix of densities and housing
Policy UL.8.1 recommends that mixed-income development be provided for in residential areas.
The proposed rezone generally implements these policies.
35. The Staff Report sets forth applicable policies of the Comprehensive Plan, and finds the
proposed rezone to be consistent with such policies and the development standards of the UR-7
zone. The Examiner agrees with such analysis, as supplemented herein.
36. The UR-7 zone requires the installation of a 6-foot high, sight-obscuring fence, wall or solid
landscaping adjacent to land zoned UR-3.5, except adjacent to a public road or alley. Such
requirement would apply along the west and east boundaries of the site, and would help buffer the
HE Findings, Conclusions and Decision REZ-05-06 Page 5
increased density of housing allowed by a rezone to the UR-7* zone from the larger lots and
lower density housing located to the west and east.
37. The environmental checklist indicates that shrubs would be planted adjacent to neighboring
properties; which plantings would have to be six(6) feet high and provide a solid landscaping
buffer to comply with the screening requirements of the UR-7 zone adjacent to UR-3.5 zoning.
38. The City Engineering conditions of approval recommended for the preliminary short plat
submitted on February 2, 2006 require the dedication of 19 feet of right of way for Olive Avenue
along the frontage of the site. Such conditions require road improvements to be made to
Valleyway Avenue and Olive Avenue on the site, through participation in a future local
improvement district(LID) or future City road project; provided, if the newly created lots in short
plat are used for other than single-family residences, such improvements must be made prior to
the approval of a final short plat or issuance of building permits. See memorandum from City
Engineering to City Planning Division dated March 8, 2006. Spokane County Fire District 1 also
specified requirements for the short plat of the property, if the rezone is approved. See letter
dated 2-16-06 from Fire District 1 to City of Spokane Valley.
39. Approval of the rezone does not authorize any particular development of the site, or
approval of the preliminary short plat submitted for the site. At the public hearing, the applicant
indicated that the preliminary short plat would be revised to change the manner of access for the
proposed lots, so that the private driveway would not connect Olive Avenue to Valleyway
Avenue, and only the proposed duplex would access Olive Avenue. A revised short plat map has
not been submitted, and the details regarding the dedication of right of way or improvements to
Olive Avenue and Valleyway Avenue have not been resolved between the applicant and City staff.
40. The applicant indicated at the public hearing that the two new houses proposed along
Valleyway Avenue would be marketed for sale in the $200,000 to $250,000 range, and the
proposed duplex may have a value up to $300,000. The environmental checklist indicates that the
housing units on the site would be middle income, the new units would have vinyl siding and the
tallest height of any structure on the site would be 15 feet. There is no competent evidence on
values in the record, such as the report from an appraiser, to support a finding that the rezone
would have any significant adverse impact on the property values of neighboring properties.
41. Because the rezone is not tied to a specific site plan for the purpose of review by the
Examiner, the proposed rezone is exempt from transportation concurrency requirements under the
City Phase I Development Regulations. Traffic concurrency, and required road improvements,
would be determined by City Engineering at the time of short plat approval or building permit.
This would include consideration of improvements and the dedication of right of way for Olive
Avenue and Valleyway Avenue. There is no competent evidence of a traffic engineering nature in
the record to support a finding that approval of the rezone would result in a significant traffic
impact in the vicinity.
42. The County Division of Utilities and Modern Electric Water Company, respectively,
certified the availability of public sewer and water for the rezone and proposed short plat. The
HE Findings, Conclusions and Decision REZ-05-06 Page 6
proposed rezone complies with the public sewer and water concurrency requirements of the City
Phase I Development Regulations.
43. The site is suitable for a rezone to the UR-7* zone; considering the site is designated in the
Low Density Residential category of the Comprehensive Plan, lies directly northeast of land
designated in the High Density Residential category of the Comprehensive Plan, is located along
an Urban Collector Arterial, lies within a few blocks of an Urban Minor Arterial and three (3)
Urban Principal Arterials, lies across Valleyway Avenue from land zoned UR-7, lies within a few
blocks of the commercial corridor located along Sprague Avenue, and is served by a high level of
public services.
44. The rezone application conforms to the Comprehensive Plan. In addition, changed
conditions have occurred in the area since the zoning of the site was reclassified to the UR-3.5
zone in 1991. This includes the extension of public sewer to the area, adoption of the City
Comprehensive Plan and City Phase I Development Regulations, approval of the rezone south of
the site to the UR-7 zone in 1993, and incorporation of the City of Spokane Valley.
45. The Examiner has not imposed conditions of approval on the rezone that apply only to the
preliminary short plat application.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification, as conditioned, conforms to the City Comprehensive
Plan.
2. The proposed rezone, as conditioned, bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
3. A substantial change of circumstances has occurred in the area since the site was last zoned.
4. The proposed rezone, as conditioned, complies with the UR-7* zone, the City Zoning Code
and other applicable development regulations.
5. 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.
6. The proposed rezone, as conditioned, complies with the UR-7* zone, the City Zoning Code
and other applicable development regulations.
7. Approval of the zone reclassification, as conditioned, is appropriate under Chapter
14.402.020(1) of the City Zoning Code, and Chapter 10.35 of the Spokane Valley Municipal
Code; and meets the criteria established by Washington case law for approving a rezone
HE Findings, Conclusions and Decision REZ-05-06 Page 7
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, 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.
Conditions of Approval
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT-
CURRENT PLANNING
1. The applicant, including the owners and developers of the property; and their heirs,
successors and assigns; shall comply with the conditions of approval set forth in this decision.
2. Upon any discovery of potential or known archaeological resources at the subject property
prior to or during future on-site construction, the developer, 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 twenty-four(24) hours from the time of discovery, the City of
Spokane Valley Community Development Department of said discovery.
3. The applicant shall construct a six(6)-foot high concrete, masonry, or decorative block wall,
solid landscaping or sight-obscuring fence on the east and west property lines prior to final short
plat approval, or prior to issuance of a building permit in the absence of short plat approval. The
applicant shall submit a written agreement agreeing that the applicant or successors in interest
shall continuously maintain in good condition the 6-foot high sight- obscuring barrier. The
applicant shall at the same time agree that at time of sale of any and all of the parcels created
through a short plat action, the applicant shall notify in writing all buyers of the requirement to
maintain such barrier.
CITY OF SPOKANE VALLEY ENGINEERING DEPARTMENT
1. A transportation concurrency determination, and the imposition of additional conditions or
mitigation, shall be deferred until the time of preliminary short plat, building permit or other land
use application.
HE Findings, Conclusions and Decision REZ-05-06 Page 8
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide Public Sewer System is to 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 the 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 Spokane County Division of Utilities shall be submitted prior
to the finalization of the preliminary plat.
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 HEALTH DISTRICT
1. The sewage disposal method shall be as authorized 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 project.
5. The use of private wells and water systems is prohibited.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
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.
3. Debris generated as a result of this project shall be disposed of by means other than burning.
HE Findings, Conclusions and Decision REZ-05-06 Page 9
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
Pp re q
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 MNiBTU/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.
WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE OFFICE)
1. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in
violation of Chapter 90.48, Water Pollution Control, and WAC 173-201A, Water Quality
Standards for Surface Waters of the State of Washington; and is subject to enforcement action.
2. Proper disposal of construction debris must be on land in such manner that debris cannot
enter the natural stormwater drainage system or cause water quality degradation of state waters.
3. Proper erosion and sediment control practices must be used on the construction site and
adjacent areas to prevent upland sediments from entering the natural stormwater drainage system.
All areas disturbed or newly created by construction activities must be revegetated; use
bioengineering techniques, use clean durable riprap, or some other equivalent type of protection
against erosion when other measures are not practical.
4. Any operation which would generate a waste discharge or have the potential to impact the
quality of state waters, must receive specific prior authorization from Department of Ecology as
provided under Chapter 90.48 RCW, Chapter 173-216 WAC, Chapter 173-220 WAC, Chapter
173-200 WAC and Chapter 173-201A WAC.
5. All dry wells and other injection wells must be registered with the Underground Injection
Control program(UIC) at Department of Ecology. Contact the UIC staff at UIC Program,
Department of Ecology, PO Box 47600, Olympia, WA 98504-7600 or (360) 407-6616 for
registration forms and further information.
HE Findings, Conclusions and Decision REZ-05-06 Page 10
6. Dry wells cannot be used for disposal of stormwater, unless a treatment device or all known
available and reasonable methods of prevention, control and treatment (AKART) is provided
prior to injection and the discharge can meet the Ground Water Standards, Chapter 173-200
WAC. Examples of AKART are grassy swales, sand filters, catch basins, and wet and dry ponds.
A coalescing plate oil/water separator or equivalent treatment must be used in high traffic areas
where gasoline or oil contamination or storm water is likely to be present. Disposal of antifreeze,
oil and other pollutants into drywells is not allowed.
7. Routine inspection and maintenance of all sediment and erosion control devices is
recommended both during and after development of the site.
8. During construction, all releases of oils, hydraulic fluids, fuels, other petroleum products,
paints, solvents, and other deleterious materials must be contained and removed in a manner that
will prevent their discharge to waters and soils of the state. The cleanup of spills should take
precedence over other work on the site.
9. Dumpsters and refuse collection containers must be leak free with close fitting covers. The
drainage for refuse containers and dumpster areas adjacent to or over the water must be
connected to the sanity sewer or otherwise designed to prevent leachate from being discharged to
surface waters.
10. On-site septic tank and drainfield systems are designed to treat and dispose of domestic
wastewater or its equivalent only. Commercial and industrial operations discharging wastes other
than domestic wastewater to on-site systems may result in ground water contamination and could
cause the facility owner or operator to incur severe liabilities.
DATED this 10th day of May, 2006
CITY HEARING EXAMINER PRO TEM
Mic ael C. Dempsey, WSB• :
HE Findings, Conclusions and Decision REZ-05-06 Page 11
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Section 10.35.150 of the City of Spokane Valley Municipal 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 SVMC#10.35.150.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on May 10, 2006. THE APPEAL CLOSING DATE IS MAY 24, 2006.
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 maybe inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 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-05-06 Page 12