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2024-01-04 Hearing Examiner Minutes`7C. 18y� D ii 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF EDMONDS 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION BEFORE THE HEARING EXAMINER FOR THE CITY OF EDMONDS Phil Olbrechts, Hearing Examiner RE: Brackett Court Townhomes Preliminary Plat Unit Lot Subdivision PLN2023-0047 FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECISION INTRODUCTION The applicant is proposing to subdivide an existing 10-unit residential project at 23220 Edmonds Way. The dwelling units are grouped into five duplex townhome buildings, surrounding an access tract off Edmonds Way. The proposed unit lot subdivision would create a fee -simple lot for each of the 10 dwelling units together with a jointly owned space for access and utilities The application is approved subject to conditions. ORAL TESTIMONY Only a representative of the applicant, Gorden Smith, and Mr. Clugston were present at the hearing. Mr. Smith noted that the permit application doesn't change anything already built and approved except the addition of lot lines. Mr. Smith looks forward to enabling home ownership for the dwellings of the project once the application is approved. EXHIBITS The December 7, 2023 staff report and its 14 exhibits identified at page 1 of the staff report were admitted during the January 4, 2024 hearing. Preliminary Plat P. 1 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FINDINGS OF FACT Procedural: 1. Applicant/Owner. Kautz Route LLC, c/o Steve Price, Post Office Box 31097, Seattle, WA 98103. 2. Hearing. A hybrid hearing was held at the City of Edmonds Brackett's Room in Edmonds City Hall on the application on January 4, 2024 at 3:00 pm via Zoom. Only the Applicant and Substantive: 3. Site/Proposal Description. The applicant is proposing to subdivide an existing 10-unit residential project at 23220 Edmonds Way. The dwelling units are grouped into five duplex townhome buildings, surrounding an access tract off Edmonds Way. The proposed unit lot subdivision would create a fee -simple lot for each of the 10 dwelling units together with a jointly owned space for access and utilities. There will be no change to the existing physical improvements at the site. Appropriate maintenance provisions and easements will be established for the jointly owned areas and improvements, which will be managed through a homeowners' association created for the project. The existing project improvements were reviewed, approved, and constructed through the following permits: Design review (PLN2013-0066); fill/grade site improvements (BLD2014-0299); building permits (BLD2014-0240, -0241, -0242, -0243 and-0244). 4. Characteristics of the Area. As shown on the zoning and vicinity map in Exhibit 3, the subject property and the property to the south are zoned Multiple Residential (RM-1.5), while the property to the west is zoned Single -Family Residential (RS-8), and the property to the north is zoned Neighborhood Business (BN). The parcels east of Edmonds Way (State Route 104) are in Esperance, which is an area of unincorporated Snohomish County surrounded by Edmonds. A mix of residential uses and a few commercial uses are nearby in that area. 5. Adverse Impacts. There are no significant adverse impacts created by the proposal. The City issued a Determination of Nonsignificance (DNS) for the proposed project on January 21, 2014. Impacts are more specifically addressed as follows: A. Critical Areas. Consistent with ECDC 23.40, the subject property was inspected for critical areas under file CRA2013-0117. It was determined that the site does not contain any critical areas and so a waiver from further critical area study was granted. Preliminary Plat p. 2 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B. Hazardous Conditions and Environmental Impacts. The staff report (Exhibit 15, Section IV(D)) concludes that no hazards are associated with the proposal. The potential for environmental impacts associated with the prior construction and continued use of the project were addressed during the design review phase. No additional environmental impacts are anticipated from this unit lot subdivision, which will simply create parcel lines over the built -out site. C. Land Use Impacts. The staff report concludes that there will not be any land use impacts associated with the proposal. Planning staff have assessed the applicability of the Unit Lot Subdivision process and requirements (ECDC 20.75.045) to the proposal in their Staff Report and have determined that the subject application is complete and consistent. Staff analysis at Section E(2) of Staff Report identifies that the proposal is consistent with applicable Comprehensive Plan goals and policies. Staff had additionally concluded that the proposal meets all procedural, dimensional and access standards established for unit lot subdivisions. 6. Adequacy of Infrastructure and Public Services. The proposal has been subject to prior review as to adequacy of infrastructure and public services to serve the existing development (Design review (PLN2013-0066); fill/grade site improvements (BLD2014-0299); building permits (BLD2014-0240, -0241, -0242, -0243 and-0244)). Additionally, the subject proposal to establish a fee -simple lot for each of the 10 dwelling units together with a jointly owned space for access and utilities via unit -lot subdivision was reviewed by the Building and Engineering Divisions. The Building Division indicated that separate building permits are required for each new lot and that a stamped survey from a licensed surveyor was needed showing the proposed property lines in alignment with existing party walls (Exhibit 13). The survey is included as the base layer for the preliminary plat map in Exhibit 6 and the required building permits have been applied for (BLD2023-1361 through BLD2023-1371). The Engineering Division has noted the proposed plat indicates general engineering feasibility (Exhibit 14). Specific conditions have been proposed by Engineering and Building staff to ensure compliance with unit lot subdivision requirements. As conditioned by this decision, adequate infrastructure will serve the development as follows: A. Drainage: The City's drainage standards impose detailed requirements that mandate that the proposal maintain pre -development off -site stormwater flow volumes and velocities. On -site stormwater facilities were designed and constructed to serve the site and were accepted by the City prior to issuance of any Certificates of Occupancy. Consequently, no significant stormwater impacts to adjoining properties are anticipated. B. Transportation: The proposal provides for adequate and appropriate transportation facilities. Required on -site improvements associated with the construction of the project were installed and accepted by the City prior to issuance of any Certificates of Occupancy. Transportation Impact Fees were collected for each dwelling unit at time of building permit. Preliminary Plat p. 3 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C. Parks and Open Space: According to ECDC 20.75.090, before or concurrent with the approval of the final plat of any subdivision, the subdivider shall dedicate land, pay a fee in -lieu of dedication, or do a combination of both, for park and recreational purposes. With the adoption of Ordinance 3934 in 2013, park impacts are now addressed through the assessment of park impact fees in accordance with Edmonds City Code (ECC) Chapter 3.36. No park dedication is required with the subdivision. Park impact fees were assessed at time of issuance of the building permits consistent with ECC 3.36. D. Water and Sewer: The Olympic View Water and Sewer district is the water and sewer supplier for the project site and all on -site units are currently served. Required water and sewer improvements associated with the construction of the project were installed and accepted prior to issuance of any Certificates of Occupancy. E. Schools and Walking Conditions to Schools: The subject site is served by adequate and appropriate school facilities and safe walking conditions to and from school. The 2020-2025 Capital Facilities Plan adopted by the Edmonds School District shows adequate funding for capital school facilities without the need for school impact fees or any additional mitigation from the proposal. As identified in the staff report safe walking conditions, including walking conditions to schools that serve the site, are provided as there are existing sidewalks along Edmonds Way and crosswalks at the 232nd and 236th Street intersections near the project site. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ECDC 20.01.003 provides the Hearing Examiner with the authority to hold a hearing and issue a final decision on preliminary plat applications, classifying them as Type III -A applications. Substantive: 2. Zoning Designation. The subject property is zoned Multiple Residential (RM-1.5). 3. Review Criteria and Application. Chapter 20.75.045 ECDC establishes the requirements for Unit Lot Subdivisions and Chapter 20.75 ECDC governs the review criteria for subdivisions. Relevant criteria are quoted below and applied through corresponding conclusions of law. Unit Lot Subdivision Preliminary Plat p. 4 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ECDC 20.75.045(A): Purpose. The unit lot subdivision process provides opportunities for dividing fee simple ownership of land to create townhouses, rowhouses and similar fee -owned dwelling units as an alternative to both condominium ownership and traditional single-family detached subdivision. Unit lot subdivisions determine compliance with the relevant dimensional standards of ECDC Title 16 by analyzing whether the parent lot complies, but not requiring that each newly created lot within the unit lot subdivision (the unit lot) complies, with those dimensional standards. A unit lot subdivision does not permit uses or densities that are not otherwise allowed in the zoning district in which the unit lot subdivision is proposed. 5. The proposal is consistent with the purpose of Unit Lot Subdivisions for the reasons identified at Section IV(D) of the staff report and summarized in Finding No. 5. The proposal is both applicable and consistent with the requirements for Unit Lot Subdivisions. ECDC 20.75.045(B): Applicability. The provisions of this section apply exclusively to the subdivision of land for single-family dwelling units, townhouses, and rowhouses and may be applied only in the following zones: multiple residential, general commercial, and Westgate mixed -use. A single lot within a unit lot subdivision may contain multiple dwelling units when the unit lot contains all such dwelling units within one building. Flats are permitted as an element of a unit lot subdivision only when a single lot within a unit lot subdivision contains the entire building in which flats are located. 6. The proposal is consistent with this requirement. The site is zoned Multiple Residential (RM-1.5) and consists of five duplex buildings around a central access tract. The proposed lot lines will fall on both common walls within the buildings and also provide for small areas of privately -owned open space (Exhibit 6). No flats are proposed, as can be seen on the approved plan sheets from the original building permits (Exhibit 8). Each of the dwelling units is vertically aligned with two levels of living space over a garage and storage space. ECDC 20.75.045(C): Association with Site Development — Application Timing. In the case of a vacant lot or a redevelopment site, a preliminary unit lot subdivision can only be submitted in conjunction with or preceding a development site plan as required by Chapter 20.10, 20.11, or 20.12 ECDC, or in the case described in ECDC 20.10.020(B)(3) submitted in conjunction with or preceding a building permit. For existing developed sites, a preliminary unit lot subdivision application may be submitted at any time. If the subdivision involves creating unit lot lines within common walls, a building permit application is required in order to verify that the walls meet the separation requirements in effect at the time of the subdivision application. 7. This requirement is met. Staff reviewed and approved the design of the project and building permits in 2014 (BLD2014-0240, 0241, 0242, 0243 and 0244) and the buildings were granted certificates of occupancy in 2017. The preliminary plat application was submitted July 2023. Preliminary Plat p. 5 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ECDC 20.75.045(D): Conformance with Standards of the Parent Lot. The parent lot must comply with and is vested to the applicable development standards (ECDC 20.75.030(E)) in effect at the time a complete application for preliminary unit lot subdivision is submitted. As a result of the unit lot subdivision, the individual unit lots within the subdivision may be nonconforming with respect to the bulk and dimensional standards required by ECDC Title 16. As with dimensional standards, compliance with access standards, including but not limited to fire lanes, drive aisles, turnarounds, and access of/to the parent lot from/to the street will be evaluated based on the parent lot's compliance with such requirements, and not based on whether individual unit lots meet such standards. 8. This requirement is met. As determined in the Staff Report in Section IV(D)(4), the property was developed to Multiple Residential (RM-1.5) standards; the zoning remains unchanged. Multiple dwellings are a primary permitted use in the zone. ECDC 20.75.045(E): Future Additions and Modifications. Subsequent platting actions, additions or modifications to the structures) may not create or increase any nonconformity of the parcel lot. Changes requiring permitting that affect only the interior of building units will be evaluated for compliance with the requirements only for that unit. Any exterior changes will be evaluated for compliance by considering whether the parent lot would still comply with applicable development standards. Any application for such external changes will require authorization of all owners of affected unit lots or approval of the HOA where changes to commonly owned tracts are proposed. 9. This requirement has been met. Staff has indicated that preliminary documentation describing how additions and modifications will be managed by the homeowners' association has been provided and will be further reviewed with the associated final plat (Exhibits 10 and 11). ECDC 20.75.045(F): Homeowners' Association Ownership of Common Areas. Any commonly used areas or facilities within a unit lot subdivision, including but not limited to common access, garage or parking areas, common open space or recreation space, common courtyards, commonly used stormwater facilities or side sewers and other similar features, must be owned and maintained by a homeowners' association with the right to assess the individual unit lot owners as necessary to properly maintain and repair such areas. Appropriate documentation regarding the rights of the homeowners' association must be submitted for recording with the final plat. 10. This requirement has been met. Staff has indicated that preliminary documentation has been provided and will be required with the submittal of the final plat (Exhibits 10 and 11). Preliminary Plat p. 6 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ECDC 20.75.045(G): Maintenance Agreements for Building Exteriors. Maintenance agreements must be executed and recorded as an element of the final unit subdivision plat or short plat for maintenance of all building exteriors except in cases where all dwelling units are detached. The maintenance agreement must require equal participation by all owners within any one building and must be recorded on the final unit lot plat. The requirement does not apply to detached single-family dwelling units. Common wall construction must meet currently adopted building codes. 11. This requirement has been met. Staff has indicated that as the dwelling units are attached in this instance, maintenance agreements for building exteriors will be required with the submittal of the final plat for the project (Exhibits 10 and 11). ECDC 20.75.045(H): Parking on Different Unit Lots Allowed. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit as long as the right to use that parking is formalized by an easement on the final plat. 12. This requirement is not applicable. As shown on Exhibits 7 and 8, the required parking for each of the units is internal to that unit and there is no shared exterior or guest parking on the site. As a result, no parking easements are required. ECDC 20.75.045(I): Notice of Unit Lot on the Final Plat. The fact that the unit lot is not a separate buildable lot and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot must be noted on the final plat. 13. As conditioned, this requirement has been met. A note to this effect must be added to the face of the final plat for the project. ECDC 20.75.045(J): An application for final unit lot plat will not be accepted until all foundations, including common wall foundations, are installed and located on the face of the final plat by the land surveyor of record. 14. This requirement has been met. The buildings were constructed and were granted certificates of occupancy in 2016 - 2017. The application for final plat may be submitted at any time after the approval of the preliminary plat. ECDC 20.75.045(K): Review. Unit lot subdivisions of four or fewer lots are processed and reviewed as short subdivisions while five or more lots are formal subdivisions pursuant to Chapter 20.01 ECDC and the requirements of this chapter. 15. This requirement has been met. The subject application is a 10-lot formal subdivision where the Hearing Examiner issues a Type III -A decision following a public hearing. Preliminary Plat p. 7 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Subdivision Review Criteria ECDC 20.75.080(A): General findings. A proposed subdivision may be approved only if all of the following general findings can be made for the proposal, as approved or as conditionally approved: A. Subdivision Ordinance. The proposal is consistent with the purposes of this chapter (as listed in ECDC 20.75.020) and meets all requirements of this chapter. 16. The proposed subdivision is consistent with ECDC 20.75.020 and all the requirements of ECDC 20.75. The proposed subdivision will not create any significant adverse impacts and has provided for appropriate infrastructure as determined in Findings of Fact No. 5 and 6. For these reasons, as intended by ECDC 20.75.020, the proposal will not negatively impact public health, safety or general welfare, will not negatively impact congestion on streets and highways, and will have adequate access to water, utilities, sewerage, storm drainage and will provide proper ingress and egress. ECDC 20.75.080(B): Comprehensive Plan. The proposal is consistent with the provisions of the Edmonds Comprehensive Plan, or other adopted City policy, and is in the public interest. 17. The proposal is consistent with the comprehensive plan for the reasons identified at Section E2 of the staff report. Most pertinent to the policies listed therein, the proposal provides additional home ownership opportunities in the City of Edmonds. The unit lot sites should be more affordable than traditional single family development because the parcels and dwelling units are smaller. ECDC 20.75.080(C): Zoning Ordinance. The proposal meets all requirements of the zoning ordinance, or a modification has been approved as provided for in this chapter. 18. The proposal is consistent with the City's zoning ordinance for the reasons identified at Section E3 of the staff report. The development was reviewed, approved and constructed in accordance with the codes in effect at the time of building permit application and the zoning is unchanged since the original approvals. ECDC 20.75.080(D): Floodplain Management. The proposal meets all requirements of the Edmonds Community Development Code relating toFoodplain management. 19. The proposed project is not located within a designated flood plain management area. ECDC 20.75.085(A): Environmental. 1. Where environmental resources exist, such as trees, streams, ravines or wildlife habitats, the proposal shall be designed to minimize significant adverse impacts to the resources. Permanent restrictions may be imposed on the proposal to avoid impact. Preliminary Plat P. 8 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. The proposal shall be designed to minimize grading by using shared driveways and by relating street, house site and lot placement to the existing topography. 3. Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as flood plains, steep slopes or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with paragraphs A(1) and (2) of this section. 4. The proposal shall be designed to minimize off -site impacts on drainage, views and so forth. 20. The criterion is satisfied. As determined in Finding of Fact No 5A, there are no critical areas located on the site and a critical areas waiver was previously issued. As determined in Finding No 5B, there will be no change to the existing buildings and site improvements through this unit lot subdivision so there will be no additional environmental impacts. ECDC 20.75.085(B): Lot and Street Layout. 1. Lots shall be designed to contain a usable building area. If the building area would be difficult to develop, the lot shall be redesigned or eliminated, unless special conditions can be imposed on the approval which will ensure that the lot is developed properly. 2. Lots shall not front on highways, arterials or collector streets unless there is no other feasible access. Special access provisions, such as shared driveways, turnarounds or frontage streets may be required to minimize traffic hazards. 3. Each lot shall meet the applicable dimensional requirements of the zoning ordinance. 4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate. 21. The criterion is met. As shown in Section F2a of the staff report, all proposed lots contain a buildable area comprised of one of the existing ten dwelling units and a small private yard. As shown in Section F2b of the staff report, access issues associated with frontage on a state highway (Edmonds Way — SR 104) were considered and addressed during prior review. All ten proposed unit lots will front the central access drive (Tract 999) which connects with Edmonds Way. This arrangement was approved as part of the prior associated design review and building permits. As shown in Section F2c of the staff report, the parent lot complies with the development standards for the zone but the individual unit lots do not. In this case, there is no minimum lot width requirement in the RM-1.5 zone. The minimum lot area requirement of 1,500 sq. ft. per dwelling unit is met across the parent parcel. The parent lot is 19,956 sq. ft., which yields a maximum of 13 possible dwelling units at the site; ten units were built. Each proposed lot will be between 858 and 1,399 sq. ft. and contain a dwelling unit, garage parking spaces, and a small private yard. As determined in Finding No 6B and 6E, adequate pedestrian and bicycle facilities and safe walking routes to schools have been provided. ECDC 20.75.085(C): Dedications. Preliminary Plat P. 9 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. The City council may require dedication of land in the proposed subdivision for public use. 2. Only the City council may approve a dedication of park land to satisfy the requirements of ECDC 20.75.090. The council may request a review and written recommendation from the planning advisory board. 3. Any approval of a subdivision shall be conditioned on appropriate dedication of land for streets, including those on the official street map and the preliminary plat. 22. As determined by City Engineering Division Staff in Exhibit 14, no dedications are required. In regard to park land dedications required under ECDC 20.75.090, a fee in -lieu was assessed for the Brackett Court Townhomes with building permits BLD2014-0240 — 0244 at the time of permit issuance. ECDC 20.75.085(D): Improvements. 1. Improvements which may be required, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities. 2. The person or body approving a subdivision shall determine the improvements necessary to meet the purposes and requirements of this chapter, and the requirements of a. ECDC Title 18 Public Works Requirements; b. Chapter 19.21 Fire Code, as to fire hydrants, water supply and access. This determination shall be based on the recommendations of the community development director, the public works director, and the fire chief. c. The use of septic systems may be approved if all of the following conditions are met: i. It is more than 200 feet, multiplied by the number of lots in the proposed subdivision, from the nearest public sewer main to the nearest boundary of the land to be divided. ii. The land to be divided is zoned RS-20. iii. The public works director and city health officer determine that soil, drainage and slope conditions are satisfactory for septic use and that all requirements of WAC 248-96-090 are met. 23. This criterion is met. Improvements were reviewed, approved by appropriate staff, constructed and accepted by the City prior to issuance of a Certificate of Occupancy. There are no septic systems included as part of the proposed project. No additional improvements are required for the unit lot plat. Further, since RCW 58.17.110 mandates that preliminary plats may not be approved absent a finding of appropriate infrastructure, the criterion above is broadly construed to meet the findings required by RCW 58.17.110 and those findings are made as detailed in Finding No. 6. Preliminary Plat P. 10 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ECDC 20.75.085(E): Flood Plain Management. All subdivision proposals shall comply with the criteria set forth in the Edmonds Community Development Code for flood plain management. 24. This project is not in a Flood Plain Management area. DECISION As conditioned below, the proposed preliminary plat conforms to all required criteria for approval for the reasons detailed in the Conclusions of Law above. The conditions necessary to assure compliance and required by this Decision are as follows: 1. Prior to recording, the applicant must complete the following requirements: a) Obtain approval of building permits BLD2023-1361 through BLD2023- 1371 and comply with any associated conditions. b) Complete the Engineering Division conditions listed "Required as a Condition of Subdivision" in Exhibit 14. c) Make the following revisions to the plat: (1) Add: "Conditions of approval must be met and can be found in the approval for the subdivision located in File No. PLN2023-0047 in the City of Edmonds Planning Division." (2) Include on the plat all required information, including owner's certification, hold harmless agreement, as well as the Development Services, Public Works, and Mayor's approval blocks. (3) Add the unit addresses to the face of the plat. (4) Add notice consistent with ECDC 20.75.045.I. d) Make sure all documents to be recorded meet the Snohomish County Auditor's requirements for recording. 2. Submit any revised homeowners' association and conditions, covenants and restrictions documentation including requirements for future additions and modification, the maintenance of building exteriors, and all other jointly owned facilities. 3. Submit an updated copy of the title report with the documents proposed to be recorded. The title report must be prepared within 30 days of submittal for final review. 4. Submit at least one copy of the plan sheets to be recorded for City review and approval. Once approved, the City Clerk will record the final signed documents at the Snohomish County Auditor's office. Dated this 4th day of January 2024. A" D64zao City of Edmonds Hearing Examiner Preliminary Plat P. 11 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal Right and Valuation Notices This is a final land use decision issued by the City of Edmonds, which may be appealed b Snohomish County Superior Court within 21 days of issuance as governed by th Washington State Land Use Petition Act, Chapter 36.70C RCW. Affected property owners may request a change in valuation for property tax notwithstanding any program of revaluation. Preliminary Plat p. 12 Findings, Conclusions and Decision