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HomeMy WebLinkAboutOrdinance 08-018 Amending Conditions of Street Vacation STV-01-08 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.08-018 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING ORDINANCE NO. 08-016, SECTION 5, RELATING TO CONDITIONS OF VACATION WHICH PROVIDED FOR THE VACATION OF APPROXIMATELY 140 FEET IN LENGTH OF THE ALLEYWAY LOCATED APPROXIMATELY 145 FEET NORTH OF THE INTERSECTION OF TRENT AVENUE AND AVALON ROAD, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS,the City Council by Resolution#08-012, initiated vacation proceedings for a portion of alleyway approximately 140 feet in length and located approximately 145 feet north of the intersection of Trent Avenue and Avalon Road(STV 01-08)by providing that a Public Hearing on the proposal would be held before the Planning Commission on the 10th day of July 2008;and WHEREAS, a completed application'for vacation was filed on May 12, 2008; and WHEREAS, the Planning Commission held a public hearing on July 10,2008;and WHEREAS, following a hearing, the Planning Commission found that the notice and hearing requirements of the applicable Spokane Valley Municipal Code section 22.140.020 have been met; and WHEREAS, the Planning Commission findings and/or minutes have been filed with the City Clerk as part of the public record supporting the vacation;and WHEREAS, none of the property owners abutting the property to be vacated filed a written objection to the proposed vacation with the City Clerk; and WHEREAS, through adopted City Code provisions,. the City shall provide that the vacated property be transferred, one half'to each abutting property owner, in this case the same party; that the zoning district designation of the properties adjoining each side of the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of Community Development; and that all direct and indirect costs of title transfer to the vacated street be paid by the proponent or recipient of the transferred property;and WHEREAS, the City Council desires to vacate the above streets pursuant to Spokane Valley Municipal Code Section 22.140.. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington,do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: 1. The vacation of the alley will better serve the public because it will allow for the full development of the property for beneficial uses and permit appropriate levels of maintenance. 2. The alley is no longer required for public use or public access. Ordinance 08-018-'Street Vacation 'STN 01-08 Page 1 of 4 3. The substitution of a new and different public way would not be more useful to the public. 4. Given the present age and condition of adjacent development, it is unlikely that conditions will change in the future to provide a greater use or need than presently exists. This portion of the alley does not provide access to parcels at either end. 5. No objections have been received to the proposed vacation from the notice of public hearing and/or routing to staff and agencies. 6. Pursuant to Resolution 07-009, Section 1:Policy 1. The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal fifty per cent (50%) of the appraised value of the vacated property received. a., The appraised value shall be the same as the value of an equivalent portion of property adjacent to the proposed vacation as established by the Spokane County Assessor at the time the matter is considered by the City Council. b. If the value of adjacent properties differs,then the average of the adjacent property values per square foot will be used. Based on the average assessed value of the adjacent properties, $2,654.40 is 50% of the assessed value. Section 2. Property to be Vacated. Based upon the above findings,and in accordance with this Ordinance, the City Council does hereby vacate the street or alley which is incorporated herein by reference,and defined as follows: That portion of the alley located west of Avalon Road, south of Rockwell Avenue and north of Trent Avenue from its eastern terminus at Avalon Road approximately 140 feet west as depicted in Appendix A attached hereto; located in the SW '/4 of the NE '/4 of Section 3, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79,040 and SVMC 22.140.040(C), factual circumstances dictate a different division and distribution of the street or alley to be vacated, one half to each abutting property owner, in this case the same party; thus the property to be vacated shall be divided as recorded in the record of survey which shall be created and recorded with the County as required under Section 22.140.090 SVMC.. Section 4. Zoning. The Zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The Director of Community Development is authorized to make this notation on the official Zoning Map of the City. Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. 1. The completion of the street vacation STV-01-08 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, 1/4.to each abutting property owner 3. Following the City Council's passage of the ordinance approving the proposal to vacate the street or alley, 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 Ordinance 08-018-Street Vacation STV 01-08 Page 2 of 4 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 Spokane County Standards for Road and Sewer Construction. 5. All direct and indirect costs of title transfer of the vacated alley 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 each side of the street or alley to be vacated 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 record of survey and certified copy of the ordinance vacating a street or alley or part thereof shall be recorded by the city clerk in the office of the Spokane County Auditor. 8. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. 9. Payment in the amount of$1,354.40($2,654.50 less $1,300.00 previously paid) 10. Applicant shall provide a Joint Access Agreement for parcel numbers 45031.0307, 45031.0308,and 45031.0309 limiting access to one driveway along Trent Avenue to be approved by the City's Traffic Engineer. Agreement shall be recorded with the Spokane County Auditors office and a copy provided to the City of Spokane Valley Planning Division. Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the Office of the County Auditor, and the City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the transfer of the property identified herein. Section 7. Severability. If any section, sentence, clause orphrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause or phrase of this ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five(5)days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this 9th day Of September,2008. ATT — ��,�' ..0 'ichard un ayor ;OPP.' � /5i / "Pep, ?dl n Christine Bainbridge,City Clerk Ordinance 08-018-Street Vacation STV 01-08 Page 3 of 4 . • . Approved As To Form: II—' - Office o the City Attorney Date of Publication: 9 - /9-1/ Effective Date: 9 - .,f/-C'' Exhibit"A" Property Description: That portion of the alley located west of Avalon Road, south of Rockwell Avenue and north of Trent Avenue from its eastern terminus at Avalon Road approximately 140 feet west as depicted in Appendix A attached hereto; located in the SW 1/4 of the NE '/4 of Section 3, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. 1.0305 a 140 °o `` N 1.0306 a C 1 0 • c! 0 tD 140.04 n 1 47.44 R co 4 . O r ' 3 o vi N - , 1.0309; a o 1 1.0307%1.0308; v. 3 , .5 4 •1 Trent Avenue Ordinance 08-018-Street Vacation STV 01-08 Page 4 of 4 si oI ae STAFF REPORT PROPOSED VACATION OF 140 feet in length of the.alleyway located approximately 145 feet north of the intersection of Trent Avenue and Avalon Road Prepared by: Christina J.Janssen-Assistant Planner Date:June 30,2008 BACKGROUND: On May 12,2008,Alan L.Schneider applied for a street vacation. The application requests the vacation of approximately 140 feet in length of the alleyway located approximately 145 feet north of the intersection of Trent Avenue and Avalon Road. Currently,the unimproved alley dissects 4 parcels,all of which are owned by the applicant. Findings: 1. The vacation of the alley will better serve the public because it will allow for the full development of the property for beneficial uses and permit appropriate levels of maintenance. 2. The alley is no longer required for public use or public access . 3. The substitution of a new and different public way would not be more useful to the public. 4. Given the present age and condition of adjacent development, it is unlikely that conditions will change in the future to provide a greater use or need than presently exists. This portion Of the alley does not provide access to parcels at either end. 5. No objections have been received to the proposed vacation from the notice of public hearing and/or routing to staff and agencies. 6. Abutting Properties: Applicants property abuts the right-of-way to both the north and south(Assessor Parcel Nos.45031.0306,45031.0307,45031.0308,& 45031.0309) 7. Utilities: 1. Sewer: No sewer services located in alley per Spokane County Utilities letter dated May 9, 2008. 2. Water: No water utilities located in alley per Trentwood Irrigation District letter dated May 8, 2008. 3. Telephone/Fiber Optics:No communication utilities located in alley per Qwest letter dated May 9, 2008. 4. Gas and Electricity:No utilities located in alley per Avista Utilities letter dated May 9,2008. 5. Cable Television:No comments received All of the utility providers have been contacted by the applicant and their correspondence is attached. The specific location of easements is a requirement of the record of survey., 8. Stormwater drainage facilities: There are currently no drainage facilities located in alley. 9. Spokane Valley Fire District No. 1: No objection per letter dated May 8;2008. 10. Zoning/Comprehensive Plan: Corridor Mixed Use 11. Land Use: Vacant 12. City's Public Works needs assessment and traffic circulation: The City's Public Works Department requests a condition be added to the vacation limiting access to Trent Avenue to the existing driveway and that a Joint Access Agreement be established for its use. 13. Condition of alley: Un-improved. 14. Assignment of vacated portions of right-of-way: Pursuant to Section 22.140.0404.0 of the Spokane Valley Municipal Code(SVMC)one-half of vacated alley shall go to each abutting property owner. Conclusions: The criteria set forth in Section 22.140.030 of the SVMC has been.met based upon the findings set forth.