North Greenacres Neighborhood

June 5, 2007- City Council 6 p.m. Appeal against City Taking

Dangerous Impact as Maxwell Ave on Flora becomes Public Road

Janice Austin that lives on Mission near Flora is appealing the Valley Coach Estates Development approval due to the condition that is requiring the developer to build a half a road adjacent to her property. This puts a shadow on her property for any future plans. The City planned the other half on her property but will not be buying it. Please come to the public hearing in the City Council Chambers on June 5, 2007 at 6;00 p.m. Your presence will be encouraging.

Spokane Valley without a public meeting violated the Hearing Examiner's Decision of 2004 for Flora Estates (It's now called Mission Point.) Developer Don Mattson had finished all the roads and was ready to get final plat approval and record the final plat with the County. He had purchased the subdivision after the approval. There was an error in understanding since there were private roads and they were conditioned to be taken care of by a Home Owner's Association. He assumed they were building a PUD but it was a subdivision. Mr. Mattson did a better than average job and even put in storm sewers. Our illustrious city did not find the mistake throughout all the public works review of his plans until he went for final approval when all was completed. The head of public works, Marina Sukup denied his design deviation and when the engineer made his lots conform to subdivision standards and could apply for an administrative exception since he met the requirements in order to apply for the exception, he had to jump through hoops to get this approval. He was required to give the city his private road, Sinto Lane and change it to Maxwell Ave. and make it a public road. The city was very intent on making this happen in time for Valley Coach Estates public hearing on January 25, 2007.

Time ran out and Hearing changed to February 8, 2007

City seemed to be scurrying to change Flora Estates before the Valley Coach Estates hearing since they are next to each other. Jan Austin had sold part of her property and new that Flora Estates had private roads and no risk of a road behind her. A Hearing Examiner's Decision is binding and cannot be appealed after 20 days. Even the City cannot change the decision of a hearing examiner. At the Feb. 8th hearing, the City official stated that due to a final plat revision that Maxwell Ave was a public road. She went on to explain that when there is a public road and an opportunity presents it self to extend the public road at the next property, they try to make roads connect.

Unfortunately, the City forgot to tell the Hearing Examiner that they did not have a new hearing on Flora Estates and they had bipassed due process for the developer and Janice Austin to be able to object and have say in something that was now going to cost them a lot of money that they had never anticipated since the City was trying to change the conditions of the develop next to them after it was already built.

County Records reveal Flora Estates Recorded April 3, 2007

County records for Flora Estates final plat was recorded on April 3, 2007. Even if the City had the authority without a hearing, which they do not, to change a private road to a public road, it could not legally change until it was recorded. Valley Coach Estates hearing was February 8, 2007. This made the testimony of the City false since the plat had not been filed yet.
Janice Austin appealed the Valley Coach Estates Decision that requires the developer to extend Maxwell Ave but only has to build half of the road. The City has planned the other half of the road on Janice Austin's property. That is a violation of due process since she did not have a say in how they changed Maxwell AVe in the first place within Flora Estates. Flora Estates is on the corner of Flora and mission. Maxwell AVe is just south of Mission on Flora and the neighborhood is very concerned about increasing traffic through this subdivision that is only 16 homes. This would quadruple the traffic that could come down to turn on Flora. Most traffic is turning from Mission onto Flora and it would make congestion
Please attend the June 5, 2007 public hearing. This is about justice. If a development is building the roads should stay on their property not condition a half a road on yours. The city does not purchase land for roads typically, they will force you to give them the land or actually build the road depending on what you go to the City to get a permit for to improve your property. For instance, if you subdivided for a child to build on your land, they will force you to give a 12 ft easement along your frontage for future curb and sidewalk. In Ms. Austin's case if she decided to subdivide her property in the future, she would have to subtract the frontage and now a back road improvement. That is not fair. The City cannot build the city on the backs of the average citizens. That is stealing from the life savings of hard working people. Many people's only savings is the equity in their home and their land. This is stealing from the last nest egg many people will ever have. Please give your support by being at this public hearing. This hearing is on the record, so only people that testified at Valley Coach Estates can speak at this hearing but we need the room to be packed. Thanks,
Mary Pollard phone 926-8899

Email us
marjam17216@msn.com