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Resolution 07-010 Adopts Findings of Fact for Austin Appeal CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION 07-010 RE: Austin Appeal of Hearing Examiner Findings ) of Fact,Conclusions of Law,and Decision ) ADOPTING FINDINGS OF Regarding REZ 16-06/Sub-03-06,Zone ) FACT, CONCLUSIONS OF Reclassification From UR-3.5 Zone to UR-7* Zone ) LAW,AND DECISION and Preliminary Plat of Valley Coach Estates ) WHEREAS, the Hearing Examiner conducted a public hearing and on March 8th, 2007, adopted Findings of Fact, Conclusions of Law and Decision in the matter of Zone Reclassification from the UR- 3.5 Zone to the UR-7* Zone, and Preliminary Plat of Valley Coach Estates: Applicant: Pete Buster, File No. REZ-I6-06/SUB-03-06; and WHEREAS, on the 22nd day of March, 2007 an appeal of the decision was timely filed by Jane Austin; and WHEREAS, pursuant to Spokane Valley Ordinance 05-021 the Hearing Examiner supplied a complete transcript and record of that hearing and decision to the City Council; and WHEREAS, the City Council on the 8th day of May, 2007 set the matter for a quasi—judicial public hearing for the 5th of June, 2007; and WHEREAS, the City of Spokane Valley provided notice of said hearing by mail to the appellant, the applicant, and all parties of record; and WHEREAS, a hearing was held pursuant to Spokane Valley ordinance 05-021 on that date; and WHEREAS, the appellant requested that the Record be supplemented with additional information, a copy of that request being made a part of the Clerk's Records; and WHEREAS, the appellant submitted a memorandum in support of their position in a timely matter, a copy of that memorandum being made a part of the Clerk's Records and provided to the City Council; and WHEREAS, the Council received from the City Attorney an analysis of the request to supplement the record, a copy of that memorandum being made a part of the Clerk's Record and provided to the City Council for their consideration; and WHEREAS, the City Council heard testimony from the Appellant, the Applicant, and the City Attorney on both the request to supplement the record and the appeal. NOW,THEREFORE, the City Council makes the following Findings of Fact, Conclusions of Law and Decision. Resolution 07-010,Appeal Findings of Fact Page 1 of 3 FINDINGS OF FACT I) The materials requested to supplement the record of the Hearing Examiner did not relate to the disqualification of the Hearing Examiner, were not matters that were improperly excluded from the record after being offered by a party to the hearing before the Hearing Examiner and did not relate to matters outside the jurisdiction of the Hearing Examiner. The documents identified were primarily related to another development that had received prior approval and had not been appealed. The materials concerned appellant's opposition to a condition requiring the construction of a public road within that prior development. 2) The Appellant orally limited the issue on appeal to the requirement contained in the Preliminary Plat and Condition #10 of the Conditions of the Public Works Department-Development Engineering Division requiring 14' of improvements with asphalt, type B curb and gutter and a 6 ft. sidewalk (i.e. a 24 foot Right-Of-Way dedication) be made on the North side of the Plat and identified as Maxwell Road, which road was to be barricaded until the remainder of the Right-Of-Way could be acquired by the City. 3) The proposed extension of Maxwell is not consistent with the goal of the Comprehensive Plan Policies LUP-l.l and NP-2.1 which recommend that the character of the existing and future residential neighborhoods be maintained and protected through the development and enforcement of the City's land use regulations and Joint Planning. 4) The elimination of the proposed Maxwell Road is not inconsistent with Comprehensive Plan Policies LUP-1.4 and LUP-2.3 which encourage the development of the transportation routes and facilities to serve residential neighborhoods; with special attention given to pedestrian circulation, biking and transit uses; Comprehensive Plan Policy LUP-16.1 which encourages new development to be arranged in a pattern of connecting streets and blocks to allow people to get around easily by foot, bicycle and car; and Policy TP 02.1 which recommends that street designs complement adjacent development, in that alternate routes and access points are available within the proposed plat and adjacent developed properties. 5) Notice of the Public Hearing on this proposal was provided by the City of Spokane Valley on January 10th, 2007 through mailings and a sign posted on the site. That notice made no mention of the proposed Maxwell Road that is in dispute. Information regarding the proposed roadway was only made public on January 22, 2007 when the City received the revised Preliminary Plat from the Applicant. 6) The public was not provided sufficient notice to adequately respond to the addition of this roadway by the Public Hearing that was scheduled for the 25th day of January, 2007, and which was continued to February 8,2007. 7) The evidence presented at the Public Hearing was not sufficient to warrant the requirement for the proposed Maxwell Road as designated in the approved Preliminary Plat and set forth in Public Works Department-Development Engineer Division Condition of Approval #10. CONCLUSIONS OF LAW 1) The request to supplement the record with additional information did not meet the requirement of Spokane Valley Ordinance No. 05-021 specifically Section 10.35.150 (I). • 2) The failure to include in the Public Notice, the condition requiring the proposed Maxwell Road constituted a failure to follow the required processes for notice and as such constitutes a failure to follow a prescribed process. Resolution 07-010,Appeal Findings of Fact Page 2 of 3 3) The requirement to construct the proposed Maxwell Road was not supported by sufficient evidence in the record. 4) The removal of the roadway in question is consistent the Comprehensive Plan. DECISION 1) The decision of the hearing Examiner is hereby affirmed with the exception that the Spokane Valley Public Works Department-Development Engineering Division Condition Number 10 requiring the construction of the proposed Maxwell Avenue, located West of Bell Street, along with improvements and sidewalks, is hereby deleted and the Preliminary Plat Map shall be amended in a manner consistent with that removal. DATED this 26th day of June, 2007. \X) Lthth)t r Diana Wilhite,Mayor Step len . Taylor, Dept , ayor 4 i :/` ABSENT Richard i-t enenny, Coun • membe Michael R. DeVleming, Councilmember 1.• % 1 " .�i� LartL.�, RECUSED William H. Gothmann, Councilmember Richard M. Munson, Councilmember • RECUSED Gary L. Schimmels, Councilmember • This decision can be appealed within twenty-one (21) calendar days from the date the decision was issued by filing a Land Use Petition with the Superior Court as provided in RCW Chapter 36.70(C) and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 43.21(C)075. Affected property owners may request the Spokane County Assessor for a change in valuation for property tax purposes notwithstanding any program of revaluation, pursuant to RCW 36.70(B)130. Resolution 07-010,Appeal Findings of Fact Page 3 of 3 Sjokn ' Valle 11707 E.Sprague Ave. • Suite 106 • Spokane Valley,WA 99206 (509)921-1000 • Fax(509)921-1008 • cityhall @spokanevalley.org STATE OF WASHINGTON ) )ss. County of Spokane ) The undersigned, being first duly sworn on oath states: that on this 28'h day of June, 2007, affiant caused to be deposited in the mail of the United States of America, properly stamped and addressed envelopes directed to the following: Janice Austin Bill Nadwornick E. 17222 Mission Avenue 17421 E Boone Avenue Spokane Valley, WA 99016 Spokane Valley, WA 99016 Pete Buster Nelson Ogren, 14911 E 17th Court Mountain Crest Enterprises, Inc. Spokane Valley, WA 99037 PO Box 1800 Mead, WA 99021 Quincy Edmonds Box 156 Mary Pollard Newman Lake, WA 99025 E 17216 Baldwin Spokane Valley, WA 99016 Margaret Ferrell 17203 E Boone Avenue Mike Dempsey, Hearing Examiner Spokane Valley,WA 99016 c/o Spokane County Public Works 1026 W Broadway Ave Jim McGuffin Spokane, WA 99260-0245 5528 N Mayhen Spokane Valley, WA 99216 Spokane County Assessor's Office 1116 West Broadway County Courthouse, Floor • Spokane, WA 99260-0010 each mailing containing a copy of Spokane Valley Resolution 07-010 adopting Findings of Fact, Conclusions of Law, and Decision in the matter of the Austin Appeal of Hearing Examiner Findings of Fact, Conclusions of Law, and Decision Regarding REZ 16-06/Sub-03-06, a copy of which is attached to this affidavit. • -• Christine Bainbridge, Spokane Valley City er SIGNED ar'v 1,ore me this di of June, 2007. i NOT 'Y PUBLIC in and for thy + e o•Washington P u� ,�� Resi ng at . I,'/ r. /*) ' 'Wc2/0 _ ', •[� My Commission Expires: 7. 076-09