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Spokane Valley Planning Commission Agenda
City Hall Council Chambers, 11707 E. Sprague Ave.
December 12, 2013 6:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES: Nov. 14, 2013
VI. COMMISSION REPORTS
VII. ADMINISTRATIVE REPORT
VIII. PUBLIC COMMENT: On any subject that is not on the agenda.
IX. COMMISSION BUSINESS:
Old Business: Findings of Fact - STV-2013-0002
New Business: Study Session - Code Text Amendment, Permitted Use
Matrix
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
COMMISSIONERS CITY STAFF
BILL BATES -CHAIR SCOTT KUHTA,PLANNING MANAGER
KEVIN ANDERSON ERIK LAMB,DEPUTY CITY ATTORNEY
CHRISTINA CARLSEN MIKE BASINGER,SENIOR PLANNER
ROBERT MCCASLIN CHRISTINA JANSSEN,PLANNER
STEVEN NEILL
JOE STOY-VICE CHAIR DEANNA HORTON,SECRETARY
MIKE PHILLIPS WWW.SPOKANEVALLEY.ORG
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: December 12, 2013
Item: Check all that apply: n consent ® old business n new business
n public hearing n information n admin.report n pending legislation
FILE NUMBER: STV-2013-0002
AGENDA ITEM TITLE: Findings&Recommendations
DESCRIPTION OF PROPOSAL: The applicant, Conard & Hill Development , LLC, requests the
vacation of an unimproved, half-width, right-of-way section of Alki Avenue (166.74 feet in length by 19
feet wide).
GOVERNING LEGISLATION: RCW 35.79, SVMC 17.80.120 and 22.140
PREVIOUS ACTION TAKEN: The Planning Commission held a public hearing on November 14th,
2013.
BACKGROUND: The area to be vacated is located approximately 175 feet east of the intersection of
Alki Avenue and McCabe Road and further located between the southern boundary of parcel 45154.0704
and the northern boundary of parcel 45154.1020.
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STV-2013-0002 RPCA for Public Hearing
RECOMMENDED ACTION OR MOTION: Approve the Findings and Recommendation
recommending approval of the proposed street vacation to the City Council.
STAFF CONTACT:
Christina Janssen,Planner
ATTACHMENTS: Staff Report and Findings STV-2013-0002
STV-2013-0002 RPCA for Public Hearing
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
December 12th,2013
The following findings are consistent with the Planning Commission's decision to recommend approval
of File No. STV-2013-0002,vacating a portion of Alki Avenue.
A. Background:
1. Chapter 22.140 of the Spokane Valley Municipal Code (SVMC), governing street vacations,was
adopted in September 2007 and became effective on October 28,2007.
2. The privately-initiated street vacation, STV-2013-0002, proposes to vacate a portion of
unimproved Alki Avenue measuring approximately 166.74 feet in length by 19 feet of
width, located approximately 175 feet east of the intersection of Alki Avenue and
McCabe Road.
3. The Planning Commission held a public hearing on November 14th, 2013 and voted 6-0 to
recommend approval of the street vacation and dedication pursuant to STV-2013-0002 to City
Council.
B. Planning Commission Findings:
Compliance with SVMC 22.140.030 Planning Commission review and recommendation
Finding(s):
1. Whether a change of use or vacation of the street or alley will better serve the public?
The half right-of-way was never improved with pavement, curb or gutter and remained vacant property.
Vacating the right-of-way will allow the property owners developing a multi-family development to the north
to provide a secondary access to Alki Avenue for their development.
2. Whether the street or alley is no longer required for public use or public access?
The south half-street right-of-way was previously vacated and incorporated into the adjacent property, leaving
the remaining half right-of-way unusable for public right-of-way purposes.
3. Whether the substitution of a new and different public way better would be more useful to the public?
No substitution is proposed at this time. The applicant's proposal for the multi-family development to the
north provides primary access from Broadway Avenue.
4. Whether conditions may so change in the future as to provide a greater use or need than presently
exists?
The surrounding property owners are able to access the properties adjacent to the right-of-way from
Broadway Avenue and Valleyway Avenue. There are no plans for future development of this right-of-way. It
is not in use at this time.
5. Whether objections to the proposed vacation are made by owners of private property (exclusive of
petitioners) abutting the street or alley or other governmental agencies or members of the general
public?
Findings and Recommendations of the Spokane Valley Planning Commission Page 1 of 3
No written comments have been received as of this report. Spokane County Utilities and Avista Utilities have
confirmed they have no utilities in the right of way and will not require easements. No additional comments
were received by any serving utilities.
C. Conclusions:
The findings confirm criteria set forth in SVMC 22.140.030 have been met.
D. Recommendation:
1. Planning Commission recommends City Council approve the vacation of a portion of unimproved
Alki Avenue measuring approximately 166.74 feet in length by 19 feet of width, located
approximately 175 feet east of the intersection of Alki Avenue and McCabe Road. Planning
Commission recommends approval of the vacation subject to the following:
1. The completion of the street vacation (File No. STV-2013-0002) including all conditions below
shall be submitted to the City for review within ninety (90) days following the effective date of
approval by the City Council.
2. The vacated property shall be transferred to the property owner abutting to the north (Conard &
Hill Development,LLC).
3. Following the City Council's passage of the ordinance approving the street vacation, a record of
survey of the area to be vacated,prepared by a registered surveyor in the State of Washington and
including an exact metes and bounds legal description, and specifying if applicable any and all
easements for construction, repair and maintenance of existing and future utilities and services,
shall be submitted by the proponent to the Director of Community Development, or designee for
review.
4. The surveyor shall locate at least two monuments on the centerline of the vacated right-of-way
with one located at the intersection of the centerline of the vacated right-of-way with each street
or right-of-way in accordance with the standards established by the City of Spokane Valley Street
Standards.
5. All direct and indirect costs of title transfer of the vacated street from public to private ownership
including but not limited to title company charges, copying fees, and recording fees are to be
borne by the proponent. The City will not assume any financial responsibility for any direct or
indirect costs for the transfer of title.
6. The zoning district designation of the properties adjoining the subject right of way to the north
shall be automatically extended to the center of such vacation, and all area included in the
vacation shall then and henceforth be subject to all regulations of the extended districts. The
adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning
district designations.
7. The ordinance vacating the street shall separately address the relinquishment of the utility and
border easements located adjacent to the vacated street.
8. The record of survey and certified copy of the ordinance shall be recorded by the City in the
office of the Spokane County Auditor.
9. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by
the City.
Findings and Recommendations of the Spokane Valley Planning Commission Page 2 of 3
Approved this 12th day of December,2013
Bill Bates, Chairman
ATTEST
Deana Horton,Administrative Assistant
Findings and Recommendations of the Spokane Valley Planning Commission Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: December 12,2013
Item: Check all that apply: n consent n old business Fi new business
n public hearing ® information n admin.report n pending legislation
FILE NUMBER: N/A
AGENDA ITEM TITLE: Schedule of Permitted and Accessory Uses
DESCRIPTION OF PROPOSAL: Provide an overview of the methodology for revisions to the Schedule of Permitted
and Accessory Uses Matrix(permitted use matrix) and supporting definitions.
GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040
PREVIOUS ACTION TAKEN: None
BACKGROUND: The City of Spokane Valley adopted Chapter 19.120 Permitted and Accessory Uses on October 28,
2007. Post adoption, staff has found the permitted use matrix difficult to use because:
— Many of the uses are too specific and do not have corresponding definitions. If a use is not included in the
matrix,it is difficult to determine how to permit the use. This created a delay in processing permits due to the
need for an administrative determination.
— The matrix is long and hard to navigate.
— The matrix refers to the North American Industry Classification System(NAICS) Codes and many of the uses do
not correlate to the list of codes.
It was determined that the permitted use matrix needed to reviewed for usability and consistency with City's adopted
Comprehensive Plan. The methodology for reviewing and revising the permitted use matrix is provided below:
1. Review permitted use matrices from other jurisdiction to develop ideas for formatting and organizing a revised
permitted use matrix. Through this research process,it was determined that the most user-friendly permitted use
matrices were organized into categories and not structured on long lists identifying specific uses.
2. Determine broad use categories for the permitted uses.
3. Identify and group similar uses into the broad use categories.
4. Consolidate the uses into subcategories.
5. Add uses to the current permitted use matrix(marijuana productions/sales/manufacturing).
6. Remove the NAICS codes from the permitted use matrix.
7. Review,modify,and/or add definitions to eliminate inconsistencies or clarify proposed uses categories and
subcategories.
8. Ensure that the references to the municipal code sections identified in the matrix were accurate.
Staff will provide copies of the presentation at the meeting.
RECOMMENDED ACTION OR MOTION: Information only,no action will be taken.
STAFF CONTACT: Mike Basinger,AICP, Senior Planner
ATTACHMENTS: None
Spokane Valley Planning Commission
Minutes
Council Chambers —City Hall, 11707 E. Sprague Ave.
November 14,2013
I. CALL TO ORDER
Chair Bates called the meeting to order at 6:00 p.m.
II. PLEDGE OF ALLEGIANCE
Commissioners, staff and audience stood for the pledge of allegiance
III. ROLL CALL
COMMISSIONERS Present Absent CITY STAFF
Kevin Anderson r r Scott Kuhta,Planning Manager
Bill Bates-Chair . r Erik Lamb,Deputy City Attorney
Christina Carlsen 1 r Christina Janssen,Planner
Michael Phillips r r
Robert McCaslin(arrived at 6:05 p.m.) r r
Steven Neill . r
Joe Stoy—Vice Chair F Deanna Horton, Secretary
Hearing no objection Mr. McCaslin was excused from the meeting. Mr. McCaslin arrived late
and it was noted he arrived in time for the public hearing.
IV. APPROVAL OF AGENDA
Commissioner Stoy moved to approve the agenda as presented. The motion was seconded and passed
unanimously.
V. APPROVAL OF MINUTES
Commissioner Neill moved to approve the October 30, 2013 minutes as presented. The motion was
seconded and passed unanimously.
VI. COMMISSION REPORTS:
The commissioners had nothing to report.
VII. ADMINISTRATIVE REPORT:
Planning Manager Scott Kuhta reported there was only one day remaining to apply for open positions
for the Planning Commission. The openings will be appointed by the Mayor on at the Dec. 17th
meeting. Mr. Kuhta shared he had passed out an updated advanced agenda which reflects an upcoming
text amendment regarding densities in manufactured housing parks and a preview of the update to the
permitted use matrix.
Planning Commission Minutes Nov 14,2013 Page 1 of 3
VIII. PUBLIC COMMENT:
There was no public comment
IX. COMMISSION BUSINESS
A. Unfinished Business:
There was no unfinished business.
B. New Business:
Public Hearing for STV-2013-002: Chairman Bates opened the public hearing at 6:07 p.m. and
Commissioner Stoy read the rules for a public hearing. Planner Christina Janssen gave an overview
of the public hearing subject, street vacation STV- 2013-0002, a vacation of an unimproved, half-
width Right-of-Way (ROW) section of Alki Ave, east of McCabe Road. Ms. Janssen presented the
applicants as Conard & Hill Development, LLC. Ms. Janssen clarified for the Commissioners and
audience some discrepancies in the staff report. She stated the report said the zoning was R-3
however earlier this year this property had been rezoned to an R-4 designation. Also the staff
report implied the ROW had been there for some time; however it had been dedicated previously
with a short plat, SHP-04-08. At the time of the short plat a 19-foot dedication had been
established for connectivity. The staff report stated the vacation was 15 feet wide but it is actually
19 feet in width. The length is listed as 165 feet, it is actually 166.74 feet long. The total vacation
is 166.74 x 19 feet, being approx. 175 feet east of the intersection of Alki and McCabe, and it is a
half ROW. If the vacation is approved it will become a part of a 3 lot development. The site is 5.8
acres, which will be a gated community for people over 55 with access off of Broadway. The
secondary gated access on Alki will be a one-way out-only access required by the Fire Dept. A
boundary line adjustment will be done to make the three parcels in the project one parcel. It was
during the discussion of the BLA in which the street vacation came up. The development had
already been approved; the street vacation is a site clean-up item. If the vacation is not approved it
will not impede the development but the developer would lose one housing unit. Ms. Janssen
covered the questions from the municipal code which assists in determining if the partial street
would be needed in the future, and staffs recommendation is to approve the vacation.
Commissioner Anderson asked about the second access being a Fire Dept. requirement. Ms.
Janssen stated the Fire Dept requires a second access when there are more than 30 units in a project.
This project currently has 42 units. If the vacation is not approved,the development would have 41
units. Mr.Anderson shared he was concerned about connectivity and Alki being a through street in
the future, stating the lots to the east could develop and possibly become land locked. Ms. Janssen
and Mr Kuhta explained that the City does encourage connectivity but Alki would need to have
dedication from each lot as it developed, if it did, and all eastern lots still have access either off of
Broadway or Valleyway. It could take years before Alki would go through,if it ever did. However
this would be one item for the Commission to consider as part of their decision making.
Carl Johnson, 13405 E Valleyway, Mr. Johnson stated he lives behind the project. Mr. Johnson
stated he had some general questions. He wondered if there was an easement on the county road,
where is stops at Alki. Mr. Johnson stated his sewer goes into the manhole on Alki and did not
know if it would cause any problems. He wondered if the 1667.74 feet stopped at the owners'
property line.Mr. Johnson said it was stated this would be a gated community, He wanted to know
who would be opening the gate. Ms. Janssen stated the developers were here this evening they
might want to answer that question. Mr. Johnson said he was concerned about the gate being left
open and traffic would go through. He also said he and his wife counted 7 people going through
that area, if the gate is left open people will trespass. Commissioner Stoy answered he believed
based on the information he read Mr.Johnson's the sewer connection will not be affected.
Planning Commission Minutes Nov 14,2013 Page 2 of 3
John Conard, 223 N Lindeblad Lane, Liberty Lake. Mr. Conard is one of the developers of the
project. Mr. Conard explained the security gate on Alki is an exit only by the home owners, the
ingress would be by the Fire Dept. only. He also said the gate would close automatically after the
occupants leave.
Seeing no one else who wished to testify,Chair Bates closed the hearing at 6:31 p.m.
Commissioner Stoy moved to forward STV-2013-002 on to the City Council.
Commissioner Anderson stated it bothered him the City was not going to make arrangements to
extend Alki and it is not part of the City's plan. He said he believed the other lots could become
land locked making it impossible for them to be developed in the future. Most of the other lots to
the east are one acre size roughly. By this vacation he felt there was the possibility to land lock
other lots. Commissioner Phillips said development was his specialty, and he was keenly aware of
connectivity issues and 600 foot roads with a cul-de-sacs at the end. He said he knew the City
usually had a problem with it these issues. He said he felt that in this case if the properties to the
east,wanted to develop,Alki could still be developed to the east. It would not run over to McCabe,
but it would not be a cul-de-sac in every instance.
Hearing no other comments, Chair Bates stated the motion was to recommend to the City Council
approval of STV-2013-002. The vote on the motion was seven in favor, zero against, motion
passes.
X. GOOD OF THE ORDER
Mr. Stoy congratulated Chair Bates on his election to the City Council. The Commissioners inquired of
the planning students from Eastern about their attendance and thanked them for coming to the meeting.
XI. ADJOURNMENT
There being no other business the meeting was adjourned at 6:36 p.m.
Bill Bates,Chairperson
Deanna Horton,PC Secretary
Date signed
Planning Commission Minutes Nov 14,2013 Page 3 of 3