REZ-11-05 7-1-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification from )
the Urban Residential-3.5 (UR-3.5)Zone ) FINDINGS OF FACT,
to the Urban Residential-22 (UR-22) Zone; ) CONCLUSIONS OF LAW,
Applicant: Douglas and Marjorie Bacheller ) AND DECISION
File No. REZ-11-05 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a zone reclassification from the UR-3.5 zone to the UR-22
zone.
Summary of Decision: Approve application, subject to conditions of approval.
H. FINDINGS OF FACT
1. The application seeks approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-22 (UR-22) zone, on approximately .75 acres of land.
2. The site is located south of and adjacent to Fourth Avenue, directly south of the intersection
of Skipworth Road and Fourth Avenue; in the NW 1/4 of Section 21, Township 25 North, Range
44 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45212.1005, and is
legally described in the project file. The site is addressed at 11214 E. 6th Avenue, Spokane Valley,
Washington.
4. The applicants and site owners are Douglas and Marjorie Bacheller, PO Box 13454,
Spokane Valley, Washington 99213.
5. On March 24, 2005, the applicant submitted a complete application for the current zone
reclassification proposal.
6. On April 29, 2005, the City Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
7. The Hearing Examiner conducted a site visit on May 25, 2005, and conducted a public
hearing on May 26, 2005. The requirements for notice of public hearing were met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-057, as
amended by City Ordinance Nos. 03-081 and 04-012, and the City Hearing Examiner Rules of
Procedure.
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9. The following persons testified at the public hearing:
Karen Kendall, Assistant Planner Doug Bacheller
Spokane Valley Community Development PO Box 13454
Department, Planning Division Spokane Valley, WA 99213-3454
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Mark McManus
14522 E. Valley Way
Spokane Valley, WA 99216
10. The Hearing Examiner takes notice of the City Interim Comprehensive Plan, City Zoning
Code and maps, 2001 City Standards for Road and Sewer Construction, City Guidelines for
Stormwater Management, City Code, other applicable development regulations, and prior land
use decisions in the vicinity.
11. The record includes the documents in File No. REZ-11-05 at the time of the public hearing,
the documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
12. The site is approximately 32,530 square feet, or about 0.75 acres in size. The site is
relatively flat in topography, is improved with two (2) single-family residences, and is vegetated
with deciduous and evergreen trees, and grasses. A 6-foot high sight-obscuring fence is located
along the south border of the property.
13. The site plan of record submitted on March 24, 2005 illustrates the existing improvements
on the site. The house located at the north end of the property would be removed for site
development. The second residence will remain. The applicant plans to short plat the property
into four (4) lots, and develop four-plexes on two of the lots.
14. Effective January 1, 1991, the County reclassified the zoning of the site and nearby land
from its zoning under the now expired Spokane County Zoning Ordinance to the UR-3.5 zone,
pursuant to the Program to Implement the Spokane County Zoning Code.
15. In the same 1991 zoning action, the County reclassified the zoning of land located to the
northwest along the north side of Fourth Avenue, in proximity to Pierce Road, and the land
located to the northeast along the north side of Fourth Avenue, east of Bowdish Road, to the UR-
22 zone. Later in 1991, the County reclassified the zoning of the parcel located northeast of the
site, along the north side of Fourth Avenue one lot west of Bowdish Road, to the UR-22 zone.
See decision in File No. ZE-38-91.
16. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations, pursuant to the
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State Growth Management Act. The County Phase I Development Regulations designated the
site and area in the UGA.
17. The County Comprehensive Plan designated the site and neighboring land in the Urban
Activity Center category of the County Comprehensive Plan. Such plan designated the land lying
approximately 700 feet north and northeast of the site in the Regional Commercial category; the
land lying northeast of the intersection of Bowdish Avenue and Fourth Avenue, approximately
800 feet east of the site, in the High Density Residential category; and the land lying southeast of
the intersection of Bowdish Avenue and Fourth Avenue, approximately 800 feet east of the site,
in the High Density Residential category.
18. The County Phase I Development Regulations designated the site and area in the UGA.
Such regulations retained the zoning of the site and neighboring land.
19. On March 31, 2003, the City of Spokane Valley was incorporated, and included the site
surrounding land within the city's boundaries. 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, with certain revisions.
20. The City Comprehensive Plan and City Phase I Development Regulations, respectively,
retained the comprehensive plan designations and zone classifications imposed by the County
Comprehensive Plan and County Phase I Development Regulations for the site and land in the
vicinity. The site is located inside the Aquifer Sensitive Area(ASA) Overlay zone of the City
Zoning Code.
21. On December 10, 2004, the Hearing Examiner rezoned the parcel located directly west of
the site from the UR-3.5 zone to the UR-22 zone; to allow the site to be short-platted and
developed for three (3) four-plexes, along with an existing single-family home. See decision in
File No. REZ-16-04. The applicant plans to develop the current site in conjunction with such
adjacent property, with a private road located between the two properties.
22. The land lying near the site is improved with single-family homes on lots of various sizes.
Some duplexes and single-family homes for rent are found near the site. A 100-foot wide right of
way owned by Spokane County is located less than 600 feet north of the site, in an abandoned
railroad right of way. A County sewer interceptor is located in such right of way.
23. A large multi-family condominium development lies approximately 360 feet northwest of the
site, along Pierce Road and the north side of Fourth Avenue, on land zoned UR-22. Apartment
housing is found approximately 530 feet northeast of the site along the north side of Fourth
Avenue, west of Bowdish Avenue, on land zoned UR-22. A UR-7 zone is found farther to the
east, at the southwest corner of the intersection of Bowdish Avenue and Fourth Avenue.
24. The City Arterial Road Plan map designates Fourth Avenue as an Urban Collector Arterial,
Bowdish Avenue as an Urban Minor Arterial and Sprague Avenue to the north as an Urban
Principal Arterial. Such map designates a future Urban Principal Arterial in the County right of
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way located approximately 600 feet north of the site. The other roads in the vicinity are
considered Urban Local Access roads. Sprague Avenue constitutes a significant transportation
and commercial corridor in the area.
25. There was no opposition expressed in regard to the proposal inconsistency of UR-22 zoning
with neighboring zoning, increases in crime from rental housing developed on the site,
establishment of a precedent for additional UR-22 zoning, increased traffic congestion, inadequate
off-street parking, lack of playground for children on site, lack of site plan for proposed UR-22
zone, and other concerns.
26. The Staff Report sets forth applicable policies of the Comprehensive Plan. Policy UL.9.2
recommends that the City seek to achieve an average residential density in new development of at
least four(4) dwelling units per net acre in the Urban Growth Area through a mix of densities and
housing types.
27. Policy UL.11.7 of the Comprehensive Plan recommends that design standards and a design
review process for urban activity centers be maintained; to ensure that commercial and industrial
projects are developed with minimal impact on surrounding land uses, are consistent with
community appearance/design guidelines and assure pedestrian as well as vehicular access.
28. Policy UL.11.8 of the Comprehensive Plan indicates that urban activity centers may contain,
but are not limited to, retail stores and services; professional offices; office/light industrial; light
manufacturing; multi-family housing and mixed-use developments; heavy commercial uses;
research and development centers; churches, entertainment and art centers; health, human service
and public facilities; schools and universities; and parks and open space.
29. Policy UL.11.10 of the Comprehensive Plan recommends that a residential component be
included within urban activity centers through the use of incentives and/or the minimum
requirements for residential development.
30. Policy UL.11.11 of the Comprehensive Plan recommends the adoption of design standards
and land use plans for urban activity centers, based on several principles set forth in such policy.
31. Policies UL.2.3 through 2.09 of the Comprehensive Plan recommend that the City establish
a design review process, to run concurrent with the land use approval process, for mixed-use
areas and certain other types of development. Such process would include the development of
urban design guidelines, to provide consistency of application for the design review process; the
establishment of a design review board, consisting of members from designated professional
groups, to review the larger, more complex projects; use of the administrative process to provide
design review for small projects; and the development of neighborhood, subarea and community
plans, with specific design standards that reflect and preserve neighborhood character.
32. The County did not establish a design review process or design review board; adopt
neighborhood, community or sub-area plans for the area; or adopt design standards other than the
existing County Zoning Code and the Phase I Development Regulations; to implement the policies
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of the County's comprehensive plan regarding urban activity centers or the Urban Activity Center
category.
33. Since incorporation, the City of Spokane Valley has not implemented certain policies of the
City Comprehensive Plan regarding urban activity centers or the Urban Activity Center category;
such as establishing a design review process and design review board, adopting any sub-
area/neighborhood/community plans for the area; or adopting design standards other than those
existing in the City Zoning Code and Phase I Development Regulations.
34. The City of Spokane Valley is required to plan under the State Growth Management Act,
but under state law has three (3) years from the date of incorporation to adopt a comprehensive
plan that complies with such act.
35. RCW 36.70A.470 requires that the review of local projects subject to the land use
processing procedures set forth in chapter 36.70B RCW be used to make individual project
decisions, not land use planning decisions; and that project review continue even in the presence
of a deficiency in a comprehensive plan or development regulations. Such statute defines a
deficiency in a comprehensive plan or development regulation as the absence of required or
potentially desirable contents of a comprehensive plan or regulation.
36. Pursuant to RCW 36.70A.470, the Hearing Examiner does not have authority to deny or
delay approval of the proposed rezone on the basis that the City has not yet adopted policies, a
design review process or design standards to fully implement the policies of the Urban Activity
Center. The Examiner must apply the policies and development regulations currently in effect to
the proposal.
37. Under the City Phase I Development Regulations, the zones implementing the Urban
Activity Center category of the Comprehensive Plan for rezone purposes are limited to the Urban
Residential-22 (UR-22), Neighborhood Business (B-1) and Community Business (B-2) zones.
Considering the dominance of residential housing in the area, the distance from the site to the
Sprague Avenue commercial corridor, and the location of other UR-22 zoning in the area, the
most suitable zone for the site is the UR-22 zone.
38. The proposed rezone is generally consistent with the purpose and intent of the UR-22 zone,
as set forth in Zoning Code 14.622.100. The proposal is located along an Urban Collector
Arterial and is also near Bowdish Avenue, an Urban Minor Arterial; within close commuting
distance of the Sprague Avenue transportation and commercial corridor; and within walking
distance of public transit. A high level of public services is available to the site.
39. The UR-22 zone requires the installation of a 6-foot high, sight-obscuring screen, and the
installation of five (5) feet of Type III landscaping, adjacent to land zoned UR-3.5. Such
screening may consist of a sight-obscuring fence, wall or solid landscaping. This will adequately
buffer site development from neighboring single-family residences.
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40. The City Zoning Code requires multi-family development in the UR-22 zone to install 20
feet of Type I landscaping adjacent to public roads; which requirement assures aesthetics along
public roads.
41. City Engineering Division conditions of approval will require the applicant to construct
frontage improvements, at the time any land division or building permit is approved for the
applicant's proposed four-plex project.
42. The transportation concurrency requirements of the City Phase I Development Regulations
do not apply to rezone applications submitted without a specific site development plan. Such
requirements would have to be met at the time of short plat or building permit. Spokane County
certified the availability of public sewer for the site, and Modern Electric Water Company certified
the availability of public water.
43. The project can and will be served with public sewer and water, and complies with the
sewer and water concurrency requirements of the City Phase I Development Regulations. The
applicant is not required to illustrate direct concurrency for other public services such as schools,
park, police or fire.
44. The proposal implements other applicable policies of the Comprehensive Plan, as set forth in
the Staff Report.
45. No deficiencies with regard to the proposal's compliance with development regulations have
been established in the record. The project will not have more than a moderate effect on the
quality of the environment.
46. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare. Certain conditions of
approval submitted by commenting agencies have been reserved until the time of building permit
or land division.
47. 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 Plans and Phase I Development Regulations, incorporation of the City of
Spokane Valley, increased growth in the area, and the approval of UR-22 zoning adjacent to the
site and also northeast of the site.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification 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.
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3. A change in economic, technological, or land use conditions has occurred to warrant the
proposed rezone, as conditioned. 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-22 zone, the City Zoning Code
and other applicable development regulations.
5. The proposed rezone, as conditioned, meets the criteria established by Washington case law
for approving a rezone, and the criteria established in paragraphs 14.402.020 (1) and(2) of the
City Zoning Code for amending the City official zoning map.
6. 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.
7. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and under City Ordinance No. 03-57, as amended by Ordinances 03-81 and 04-012.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification 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 change in economic, technological, or land use conditions has occurred to warrant the
proposed rezone, as conditioned. 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-22 zone, the City Zoning Code
and other applicable development regulations.
5. The proposed rezone, as conditioned, meets the criteria established by Washington case law
for approving a rezone, and the criteria established in paragraphs 14.402.020 (1)(2) of the City
Zoning Code for amending the City official zoning map.
6. 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.
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7. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and under City Ordinance No. 03-57, as amended by Ordinance No. 03-081 and
03-081 and 04-012.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Urban Residential-22 (UR-22) 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.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The applicant shall comply with the screening requirements of Section 14.622.365 (Walls),
and the landscaping requirements of Section 14.806.040 (Location of Required Landscaping) of
the City Zoning Code, and all other applicable provisions of the UR-22 zone and City Zoning
Code.
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 zoning of the site shall be identified as Urban Residential-22 (UR-22). The maximum
density for future residential development at the site shall not exceed twenty-two (22) dwelling
units per acre.
4. In order to comply with Section 14.622.365 (Walls) of the Spokane Valley Interim 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 site-obscuring fence on the south and east
property line. Further, the applicant shall submit a written agreement agreeing that the applicant
or successors in interest shall continuously maintain in good condition the six(6) foot high
concrete, masonry, or decorative block wall, solid landscaping or site-obscuring fence. Further,
the applicant shall at the same time agree that at time of sale of any and all of the parcels created
through the short plat action, the applicant shall notify in writing all buyers of the requirement to
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maintain the six(6) foot high concrete, masonry, or decorative block wall, solid landscaping or
site-obscuring fence along the portion of the property under their direct control.
SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS —ENGINEERING
DIVISION
1. A Professional Engineer, licensed in the State of Washington, shall submit final road and
drainage plans and a drainage report including calculations that conform to the 2001 Edition of
the Spokane County Standards for Road and Sewer Construction, the 1998 Spokane County
Guidelines for Stormwater Management(both adopted by the City of Spokane Valley), Spokane
Valley Stormwater Ordinance 05-013, and all other applicable standards. All stormwater
treatment shall follow applicable standards of treatment prior to release in a drywell.
2. Frontage improvements are required along Fourth Avenue. These will be determined at the
time of short plat application.
3. Traffic concurrency has been met for this project.
4. A Temporary Erosion and Sedimentation Control(TESC) plan, prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site construction
plans. The TESC plan is to follow 1998 Spokane County Guidelines for Stormwater
Management. The TESC structures (such as silt ponds, silt traps) are to be installed prior to the
start of site work, and the TESC measures are to be implemented and maintained throughout the
duration of construction and until the site has stabilized.
SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS—BUILDING DIVISION
1. An Engineering Grading permit may be required per Ordinance 04-016.
2. Any demolition will require building permits be obtained.
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide Public Sewer System shall be constructed.
A sewer connection permit is required. Commercial developments shall submit historical and or
estimated water usage prior to the issuance of the connection permit in order to establish sewer
fees.
2. The applicant shall submit expressly to 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.
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3. Sewer plans acceptable to the Spokane County Division of Utilities shall be submitted prior
to the issuance of the sewer connection permit.
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL 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.
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.
BE Findings, Conclusions and Decision REZ-11-05 Page 10
7. A Notice of Construction and Application for Approval is required to be submitted and
approved by SCAPCA prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas
heating equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units
fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr(input) or higher. The applicant shall
contact SCAPCA for a Notice of Application.
8. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE OFFICE)
1. The applicant is encouraged to use construction products containing recycled and non-toxic
materials whenever possible, to reuse and recycle all leftover construction materials, and reduce
waste generated and practice "Green Building" principals in all aspects of the project. Recycling
construction debris is typically less expensive that disposal. Please contact James Wavada at
(509) 329-3545 for assistance.
2. In the event of demolition of existing structure(s), proper disposal of solid waste, including
demolition waste, should be ensured. The applicant is encouraged to salvage, reuse, and recycle
as much of the waste as possible. Recycling demolition debris is typically less expensive than
disposal. Otherwise, the demolition waste must be disposed of at a permitted solid waste facility.
3. Landscaping should incorporate waste prevention measures and the use of organic
materials. Water needs are reduced by use of native and drought tolerant plantings, compost
material, mulch, and drip irrigation. Pesticide and herbicide use is eliminated or reduced by use of
pest resistant and native plantings. Compost is also an effective soil amendment. Chipped woody
debris can be used to mulch ornamental beds, suppress weeds, retain moisture, control erosion,
and provide a base for pathways. The use of organic debris generated on-site for landscaping, if
possible, is also recommended.
DATED this 1st day of July, 2005
CITY HEARING EXAMINER PRO TEM
Mic I el C. Dempsey SB A :iliv
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NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-57, as amended by Ordinances 03-
081 and 04-012, the decision of the Hearing Examiner on an application for a zone reclassification
is fmal 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 with the City Council of the
City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington.
City Ordinance No. 04-012 provides that where the Examiner's Decision recommends
approval of the proposal and no appeal has been filed within the time period set forth above, the
City Manager or designee shall modify the official zoning map of the City according to the
Examiner's decision; which action shall be considered the final legislative action of the City
Council and considered an"official control" of the City.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on July 1, 2005. THE APPEAL CLOSING DATE IS JULY 15, 2005.
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.
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