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REZ-17-03 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Application for a Rezone from the Urban ) Urban Residential-3.5 (UR-3.5)Zone to ) FINDINGS OF FACT, the Community Business (B-2)Zone; ) CONCLUSIONS OF LAW, Applicant: SonRise Land LLC ) AND DECISION File No. REZ-17-03 ) This matter coming on for public hearing on December 18, 2003, the Hearing Examiner, after review of the subject application and the entire record, and finding good cause therefore, hereby makes the following findings of fact, conclusions of law and decision: I. FINDINGS OF FACT 1. The subject application seeks approval of a zone reclassification from the Urban Residential-3.5 (UR-3.5) zone to the Community Business (B-2) zone, on approximately 2.53 acres of land. 2. The site is located at the southeast corner of the intersection of Dishman-Mica Road and 16th Avenue, in the NW 1/4 of Section 29, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. 3. The site is currently referenced as County Assessor's tax parcel no 45295.9118. The site is legally described on the preliminary binding site plan for the site submitted by the applicant on November 17, 2003. 4. The applicant and site owner is SonRise Land LLC, do J. Grant Person, 107 S. Howard Street, Suite 500, Spokane, WA 99201. 5. On September 17, 2003, the applicant submitted a complete application for a zone reclassification to the City of Spokane Valley Department of Community Development, in File No REZ-17-03. 6. On November 26, 2003, the Department of Community Development issued a Determination of Nonsignificance (DNS) for the proposed rezone. 7. The Hearing Examiner conducted site visits on December 17 and December 18, 2003, and conducted a public hearing on the proposal on December 18, 2003. The requirements for notice of public hearing were met. 8. The Hearing Examiner heard the proposal pursuant to City Ordinance No 57, as amended by City Ordinance 3-081, and the City Hearing Examiner Rules of Procedure. 9. The following persons testified at the public hearing: HE Findings, Conclusions and Decision REZ-17-03 Page 1 0 Micki Harnois Kevin Snyder Department of Community Development Department of Community Development City of Spokane Valley City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Spokane Valley, WA 99206 Don Ramsey John Konen Traffic Engineering Storhaug Engineering City of Spokane Valley 1322 N. Monroe St. 11707 E. Sprague Avenue, Suite 106 Spokane, WA 99201 Spokane Valley, WA 99206-6124 Grant Person Darrell Easterly 11219 E. Sundown Dr. 10524 E. Chinook Rd. Spokane Valley,WA 99206-9635 Spokane Valley, WA 99206 Sally Lutz Richard W. Perednia 10012 E. 19th Ave. 28 W. Indiana Ste. E Spokane Valley, WA 99206-3302 Spokane, WA 99205 Carolyn Schafer John W. Tiley 10121 E. 19th Ave. 1806 S. Fawn Dr. Spokane Valley, WA 99206-3358 Spokane Valley, WA 99206-3318 10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code, City Phase I Development Regulations, City and Spokane County Critical Areas Ordinances and adopted maps, City and County official zoning maps for the area, other applicable development regulations, and prior land use decisions in the vicinity. 11. The record includes the documents in File No. REZ-17-03 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 subject property is approximately 2.53 acres in size, irregular in shape and relatively flat in topography. The site is undeveloped, and is vegetated with native grasses, shrubs and a few pine trees in the southerly portion. 13. A railroad line parallels the west side of Dishman-Mica Road in the area. The land located west of the railroad right of way, south of 16th Avenue, and small portions of the west fringe of the right of way adjacent thereto, are located in a designated 100-year floodplain. The Dishman Hills Natural Area, a mountainous and forested conservation area, is found at varying distances west of Dishman-Mica Road. HE Findings, Conclusions and Decision REZ-17-03 Page 2 14. Effective January 1, 1991, the zoning of the site was reclassified from its zoning under the now expired County Zoning Ordinance to the Urban Residential-3.5 (UR-3.5) zone,pursuant to the Program to Implement the Spokane County Zoning Code. 15. On May 14, 1999, the Hearing Examiner approved a preliminary plat and rezone from the UR-3.5 zone to the Urban Residential-12 (UR-12) zone,to allow 10.4 acres of land located east of and adjacent to the site to be divided into 89 dwelling units, including 13 divided duplex lots to house 26 dwelling units, 13 lots for single-family dwellings, 39 multi-family dwelling units, and 6,open space tracts. See decision in County File No. PE-1859-97/ZE-17-98. Such development has been finally platted and is mostly built-out. 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 State Growth Management Act. See County Resolution Nos. 2-0037 and 2-0470. 17. The County Phase I Development Regulations designated, within the UGA, the land in the area lying within and easterly of the railroad right of way that abuts the west side of Dishman- Mica Road; as well as the land lying northwest of the site,between the railroad right of way and the Dishman Hills Natural Area. 18. The County Comprehensive Plan designated the site in the Neighborhood Commercial category, and the land lying north and northwest of the site in the Medium Density Residential category. Such plan designated the land in the UGA lying west of the site; and the land lying south, northeast and east of the site, in the Low Density Residential category. The County Comprehensive Plan designates the land lying west of the UGA in the area in the Rural Traditional category. 19. The County Phase I Development Regulations reclassified the zoning of the parcel located north of the site, at the northeast corner of the intersection of Dishman-Mica Road and 16th Avenue, which parcel is developed with an electrical substation; and the majority of the land lying northwest of the site, between Dishman-Mica Road and the Dishman Hills Natural Area; from the UR-3.5 zone to the Urban Residential-7 (UR-7) zone. 20. The County Phase I Development Regulations reclassified the zoning of the land lying westerly of the site, between Dishman-Mica Road and the west edge of the railroad right of way, south of 16th Avenue, from the Semi-Rural Residential-5 (SRR-5 zone)to the UR-7 zone. Such regulations reclassified the zoning of the land lying further to the west from the SRR-5 zone to the General Agricultural (GA) zone. 21. The County Phase I Development Regulations reclassified the zoning of land improved with a convenience store, at the southwest corner of 16th Avenue and University Road, and some adjacent retail shops located to the west along 16t1i Avenue, from the Neighborhood Business (B- 1) zone to the UR-7 zone. Such commercial uses are located less than one-half(1/2) east of the site Such regulations otherwise retained the zoning of the land designated in the Low Density Residential category in the area HE Findings, Conclusions and Decision REZ-17-03 Page 3 22. On March 31, 2003, the City of Spokane Valley was incorporated,which included the subject property and surrounding land in the UGA. 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 other development regulations,with certain revisions. The City Comprehensive Plan("Comprehensive Plan")retained the land use designations established under the Comprehensive Plan for the land in the area within the city limits. 23. The City Phase I Development Regulations retained the zoning of the site and neighboring land as established under the County Phase I Development Regulations. 24. The one-half(1/2) acre parcel located directly east of the north end of the site, along the south side of 16th Avenue, is zoned UR-3.5 and developed with a single-family home and an associated outbuilding. The applicant indicated that such home was being used as a 3-unit rental. See testimony of Grant Person. However, such use, if it exists,may not be authorized, since multi-family uses are not allowed in the UR-3.5 zone. 25. The land lying east of the southerly two-thirds (2/3) of the site, south of 16th Avenue,is zoned UR-12 and newly developed with medium density residential housing. This includes multi-family dwellings (condominiums) and a small private park located between 16th and 17th Avenues, east of Herald Road; open space tracts located directly north and south of the westerly terminus of 17th Avenue, adjacent to the site; a 6-foot high wood fence located along the west boundary of such development, adjacent to the site; divided duplex lots and a small single-family lot located south of 17th Avenue; and somewhat larger single-family lots located between 16th and 17th Avenues, east of Herald Road. 26. Some multi-family housing on land zoned Urban Residential-22 (UR-22) is found at the northwest corner of 16th Avenue and Dishman-Mica Road, further to the west at the terminus of 16th Avenue, and in scattered locations to the northeast and southeast. Some duplex housing is found along Dishman-Mica to the north and south. 27. The neighboring land located in the City limits is otherwise dominated by single-family housing on land zoned UR-3.5,with the single-family lots located south of 16th being generally of larger size than the single-family lots located north of 16th Avenue. The land lying west of the railroad right of way to the west, south of 16th Avenue, is zoned GA, located outside the UGA and consists of single-family homes on acreage parcels or undeveloped land. 28. Sprague Avenue, which comprises a major traffic and commercial corridor in the City, is located one (1)mile north of the site A community shopping center is located at the southwest corner of Sprague Avenue and University Road. 29. A bus transit center is located at the northwest corner of University Road and Fourth Avenue. Some industrial/commercial uses are found along or near Dishman-Mica Road, north of Eighth Avenue. More intensive commercial uses, on land zoned Regional Business (B-3), lie HE Findings, Conclusions and Decision REZ-17-03 Page 4 north of Fourth Avenue, along the Dishman-Mica Road and Appleway Avenue one-way couplet. See Hearing Examiner decision in File No PE-1859-97/ZE-17-98. 30. The parcel of land located directly south of the site is improved with a large detached garage on its north half and a single-family home on its south half. A single-family home oriented to 18th Avenue is located on the lot located directly east of the south end of the site, across Fawn Drive. 31. The Comprehensive Plan designates Dishman-Mica Road and 16th Avenue as Urban Principal Arterials, and Herald Road,north of 16th Avenue, as a Collector Arterial. 32. Dishman-Mica Road is improved to four(4) lanes, including curb and sidewalk, in the vicinity of the site, and north to Eighth Avenue; and is improved to five(5) lanes, including center turn lane, curb and sidewalk, farther to the south. 33. Sixteenth(16th)Avenue in the vicinity currently consists of a 2-lane road. Overhead transmission lines on wood poles border the south side of the road. The intersection of Dishman- Mica Road and 16th Avenue is signalized, with dedicated turn lanes along Dishman-Mica Road. Fawn Drive is unimproved adjacent to the site. 34. There is no site plan or currently proposed uses for the proposed B-2 zone. The preliminary binding site plan submitted by the applicant involves a separate administrative process to divide the site, which is contingent on approval of the rezone. 35. The preliminary binding site plan illustrates two (2) existing driveway approach to the site along 16th Avenue, two (2)proposed approaches along Dishman-Mica Road, a proposed 2-way turn lane in Dishman-Mica Road adjacent to the site, and the proposed vacation of Fawn Drive adjacent to the site. Such plan also shows 20 feet of Type I landscaping along the east border of the site, except adjacent to the Fawn Drive right of way. 36. Opposition to the proposed rezone, in the form of testimony, letters or signatures on a party of record slip, was expressed by a total of nine (9)property owners in the area, and by an attorney representing unidentified persons residing near 16th Avenue and University Road. 37. Opponents of the proposal expressed concerns with the lack of a site plan or specified uses for the rezone, the possible development of an adult entertainment establishment or a use serving alcohol on the site,pollution from petroleum products and/or noise pollution associated with a convenience store, traffic and other adverse impacts from a drive-in bank or other intensive commercial uses located in a low density residential area, potential duplication of commercial services, air pollution, the location of driveway accesses along 16th Avenue,potential stream pollution, adverse impacts on wildlife, drainage impacts and other concerns. 38. The site is designated in the Neighborhood Commercial category of the Comprehensive Plan. The Neighborhood Commercial category designates areas for small-scale, neighborhood- HE Findings, Conclusions and Decision REZ-17-03 Page 5 0 serving retail and office uses. The Comprehensive Plan recommends that neighborhood business areas be located as business clusters rather than arterial strip commercial development. 39. Policy UL.13.1 of the Comprehensive Plan recommends that a variety of strategically located commercial areas accessible from roadways of major arterial classification or higher, served with utilities and free of environmental constraints,be designated. This includes the site, which has been designated in the Neighborhood Commercial category of the Comprehensive Plan. 40. Policy UL.13.1 of the Comprehensive Plan recommends that the City develop and maintain comprehensive design standards and a design review process to ensure that commercial projects are developed with minimal impact on the environment, are complementary and compatible with related community appearance and design, and assure pedestrian as well as vehicular access. Neighborhood, sub-area or community planning is encouraged to facilitate such efforts. See Policies UL 2.8 through UL.2.9. 41. The City has not adopted any additional standards besides the County Zoning Code to implement policies of the Comprehensive Plan, adopted a design review process for commercial projects, or adopted any neighborhood or sub-area plans for the project. 42. The Phase I Regulations specify the B-1 and B-2 zones as the implementing zones for the Neighborhood Commercial category. Both the B-1 and B-2 zones contain development standards that limit the location of such zones, and that buffer commercial uses permitted in such zones from neighboring residential properties. This includes, without limitation, setback and building height restrictions, and landscaping requirements. 43. Building sites in the B-2 zone are required to have a minimum frontage of 100 feet, on a public street of the Minor Arterial classification or higher, and a minimum average depth of 140 feet. See Zoning Code 14.300.100. The subject property complies with such requirements, and the proposed lots that would be created by approval of the binding site plan would also comply with such requirements. 44. The purpose and intent of the B-2 zone is to provide for the establishment of commercial centers, grouped at locations served by arterials; which centers will meet the needs of a community for a wide range of retail, service and office uses, and serve a trade area encompassing several neighborhoods within a radius of 1.5 miles of the zone. The function of the zone is to provide a wider selection of goods and services than can be found in the B-1 zone, but within a shorter driving distance from the home than the B-3 zone. See Zoning Code 14.626.100. 1 45. The Zoning Code indicates that any area zoned B-2 should not be larger than 20 acres in size, with frontage on a public road of the Minor Arterial classification or higher, and such frontage not exceeding 1,400 feet. The Zoning Code states that the community shopping facilities provided in the B-2 zone be provided, wherever possible, in one business island HE Findings, Conclusions and Decision REZ-17-03 Page 6 centrally located in the trade area, or in business clusters rather than in ribbon development along arterials or in several oversized neighborhood shopping centers. See Zoning Code 14.626.100. 46. General characteristics of B-2 zoned areas include paved roads and sidewalks,public sewer and water, and a full line of public services including manned fire protection and public transit availability. See Zoning Code 14.626.100. 47. The site could be rezoned to the B-1 zone without violating the location standards of the B- 1 zone, since the commercial uses located less than one-half(1/2)mile to the east are no longer zoned B-1. See Zoning Code Chapter 14.624. However, the location of the site at the intersection of two (2)Principal Arterials makes the site a logical location for B-2 zoning, rather than B-1 zoning. 48. The proposed rezone implements the purpose and intent of the B-2 zone. 49. The site is not well suited for development under its current zoning, the UR-3.5 zone, because of its location along two busy Principal Arterials, and near a railroad line. The UR-3.5 zone is inconsistent with the Neighborhood Commercial designation for the site under the Comprehensive Plan. 50. City Critical Areas maps do not designate any priority wildlife habitat on the site. County Critical Areas maps designate Urban Natural Open Space priority wildlife habitat at relatively short, varying distances west of the railroad right of way to the west. There is no competent evidence in the record that the proposed rezone would generate any significant adverse impacts on the designated priority wildlife habitat located to the west. 51. The site is not designated in a 100-year floodplain. County and City Critical Areas maps do not illustrate any potential wetlands,DNR streams or seasonal streams on or near the site. 52. City Engineering conditions require that temporary erosion and sedimentation measures be taken prior to and during construction of any development on the site. Future development would be required to comply with the County Guidelines for Stormwater Management, as adopted by reference by the City. 53. There is no competent evidence that development of the site under the B-2 zone would be unable to comply with applicable drainage regulations, or have significant adverse drainage or floodplain impacts to neighboring properties or adjacent roadways. 54. The public water and sewer purveyors for the area indicated that public water and sewer are or will be available to serve the proposed rezone. The proposed rezone is conditioned on the provision of such services. Proposed rezones without a site plan are not subject to transportation concurrency requirements under the Phase I Development Regulations. The proposal meets the sewer, water and transportation concurrency requirements of the Phase I Development Regulations. HE Findings, Conclusions and Decision REZ-17-03 Page 7 0 55. The City plans to improve 16th Avenue and Dishman-Mica in the vicinity in 2004. The road project will improve 16th Avenue to a 3-lane arterial road section, including additional pavement, curb, gutter, sidewalk and a bicycle lane. City Engineering conditions require the applicant to contribute $3,861.32 toward such project, in lieu of actual improvements along 16th Avenue. Such conditions limit access along Dishman-Mica Road to two (2) access points, and access to 16th Avenue to one access; which access may be restricted to right-turn in, right-turn out only, with the developer responsible for installing channelization in the roadway. 56. City Engineering conditions provide that a traffic analysis may be required prior to any site development. Any proposed site development under the B-2 zone would be required to meet the transportation concurrency requirements of the B-2 zone. 57. Information supplied by the City Traffic Engineer and the applicant's consultants at the public hearing establish that such issues as the relocation of power poles, traffic improvements and driveway access have been adequately considered, or will be adequately addressed prior to any site development. There is no competent evidence of a traffic engineering nature that the proposed rezone, as conditioned,will have any adverse impacts on traffic safety, or on the levels of service along the transportation network serving the proposed rezone. 58. There was no opposition to the proposed rezone from the owners of property abutting the site on the east, or lying directly across Fawn Drive from the site. The main concern of the owner of the parcel located directly to the south was the prohibition of access along Fawn Drive, the assurance of the required landscape buffer and building setback along the south property line of the site, the vacation of Fawn Drive and assurance that no adult entertainment would be developed on the property. 59. The B-2 zone would require the installation of 20 feet of Type I landscaping along the east and south boundaries of the site, where it abuts properties zoned UR-3.5; except adjacent to Fawn Drive, where a 5-foot strip of Type III landscaping is required. The B-2 zone would require the installation of at least five (5) feet of Type II,III or IV landscaping directly adjacent to the property zoned UR-12 to the east, and directly adjacent to the abutting properties zoned UR- 3.5. See Zoning Code Chapters 14.626 and 14.806. Five(5) feet of Type III landscaping are also required adjacent to Dishman-Mica Road and 16th Avenue. 60. The B-2 zone requires a side yard setback of 15 feet along the south boundary of the site, and a rear yard setback of 15 feet along the east boundary;however, a setback of 20 feet would be required in such locations to meet the 20-foot wide landscaping requirements. The B-2 zone requires a 35-foot flanking street yard setback adjacent to Fawn Drive. 61. The vacation of Fawn Drive adjacent to the site is contingent on future action by the City, the form of which depends on the adoption of vacation requirements by the City Council. Ownership of the vacated right of way may inure to the adjacent ownerships, depending on the vacation requirements adopted. The record indicates that the owner of the parcel located east of Fawn Drive supports the vacation of such road adjacent to the site. HE Findings, Conclusions and Decision REZ-17-03 Page 8 0 62. The Hearing Examiner has added a condition of approval prohibiting access to Fawn Drive for the proposal. 63. Adult entertainment facilities are prohibited in the B-2 zone. Further, such facilities cannot be located on the site under the Adult Entertainment Ordinance adopted by the City, as the location standards for such use under such ordinance cannot be met. The applicant indicated that such use would not be proposed for the site. 64. The applicant indicated that a convenience store was not being planned for the site, and that a self-service storage area had been considered for the site. The environmental checklist indicates that if a use is developed on the site that uses petroleum products, appropriate environmental controls will be met. 65. The development standards of the B-2 zone will adequately buffer the potential commercial uses developed on the site under such zone from neighboring residential properties. Additional environmental review will be required prior to the issuance of a building permit for any use developed on the site. 66. The Staff Report found the proposed rezone to be consistent with the Comprehensive Plan, and recommended approval of the proposal. The Examiner concurs with the analysis in the Staff Report. 67. The proposed rezone will not have more than a moderate effect on the quality of the environment, as indicated in the environmental checklist and review of the checklist by City planning staff. The proposed rezone will be reasonably compatible with neighboring land uses. 68. 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 Phase I Development Regulations, designation of the site in the Neighborhood Commercial category of the Comprehensive Plan and in the UGA, incorporation of the City of Spokane Valley, the approval of medium density residential housing and UR-12 zoning directly east of the site,road improvements to Dishman-Mica Road, and increased residential growth in the area 69. The conditions of approval recommended by commenting agencies are specific to the proposed preliminary binding site application, which is not before the Examiner. Accordingly, such conditions should be applied during the binding site plan process, or prior to issuance of a building permit or use of the property under the B-2 zone. Based on the above findings of fact, the Hearing Examiner enters the following: II. CONCLUSIONS OF LAW 1. The proposed zone reclassification conforms to the City Comprehensive Plan. HE Findings, Conclusions and Decision REZ-17-03 Page 9 0 2. The proposed rezone 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 complies with 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. 7. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City Zoning Code, and under City Ordinance No. 57, as amended by City Ordinance No. 3-081. III. DECISION Based on the Findings of Fact and Conclusions of Law above, the subject application for a zone reclassification to the Community Business (B-2) 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. Failure to comply with the conditions of this approval may result in revocation of this approval by the Hearing Examiner. This approval does not waive the applicant's obligation to comply with all other requirements of other public agencies with jurisdiction over land development. Upon expiration of the appeal period, City staff shall prepare an ordinance or other appropriate document for execution by the City Council for the City of Spokane Valley, providing for adoption of the subject rezone and amendment to the City Zoning Map as an official control of the City of Spokane Valley. HE Findings, Conclusions and Decision REZ-17-03 Page 10 9 CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant," which term shall include the owners and developers of the property, and their heirs, assigns and successors. 2. The conditions of approval recommended by the City Department of Public Works, the Spokane County Division of Utilities, the Spokane Regional Health District, the Spokane County Air Pollution Control Authority and Avista Utilities in File Nos. REZ-17-03 and BSP-04-03 shall apply at the time of preliminary binding site plan approval, or prior to issuance of a building permit or development of the property under the Community Business (B-2)zone, as pertinent. 3. Access to Fawn Drive is prohibited. 4. The Department of Community Development shall prepare and record with the Spokane County Auditor a Title Notice, noting that the property in question is subject to a variety of special conditions imposed as a result of approval of a land use action. This Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released, in full or in part, by the Department of Building and Planning. The Title Notice shall generally state as follows: "The parcel of property legally described as[insert legal description] is the subject of a land use action by the City of Spokane Valley Hearing Examiner on January 6, 2004, approving a zone reclassification for the subject property and imposing a variety of special development conditions. File No. REZ-17.03 is available for inspection and copying in the City of Spokane Valley Department of Community Development. " DATED this 6th day of January, 2004 CITY HEARING EXAMINER PRO TEM �r 0/. , Mic e1 C. Dempsey, WSBA#82:5 • HE Findings, Conclusions and Decision REZ-17-03 Page 11 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to City of Spokane Valley Ordinance No. 57, as amended by Ordinance No. 3- 081, 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 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. This decision was mailed by certified mail to the Applicant, and by first class mail to other parties of record, on January 6, 2004. THE APPEAL CLOSING DATE IS JANUARY 20, 2004. 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-17-03 Page 12