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PC APPROVED Minutes 11-14-13 Spokane Valley Planning Commission Approved 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 Scott Kuhta,Planning Manager Bill Bates-Chair I� Erik Lamb,Deputy City Attorney Christina Carisen r Christina Janssen, Planner Michael Phillips 1, Robert McCaslin (arrived at 6:05 p.m.) r r Steven Neill Joe Stay—Vice Chair r 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 staff's 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. XL ADJOURNMENT There being no other business the meeting was adjourned at 6:36 p.m. Bill Bates, Chairperson d 460 Deann Horton, PC Secretary Date signed /lc k — Planning Commission Minutes Nov 14,2013 Page 3 of 3 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 le, 2013 and voted 7-0 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 and to allow for one additional unit. 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 recommnends 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. S. 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 ce,„„t7--c—z- Bill ates,Chairman ATTEST O Air Deana Horton,Administrative Assistant Findings and Recommendations of the Spokane Valley Planning Commission Page 3 of 3