Agenda 05/13/2010 Sjiö1 "
Valle
y
Spokane Valley Planning Commission Agenda
City Hall Council Chambers, 11707 E. Sprague Ave.
May 13, 6:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES: Minutes from April 22, 2010
VI. PUBLIC COMMENT: On any subject that is not on the agenda
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
OLD BUSINESS:
NEW BUSINESS:PUBLIC HEARING—STV-01-10, STREET VACATION AT
APPROX 16TH AND CARNAHAN,ASSISTANT PLANNER
KAREN KENDALL
PUBLIC HEARING—CTA-02-10 CODE AMENDMENT—
MISCELLANEOUS, ASSOCIATE PLANNER LORI BARLOW
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
COMMISSIONERS CITY STAFF
JOHN G.CARROLL,CHAIR KATHY MCCLUNG,CD DIRECTOR
CRAIG EGGLESTON GREG MCCORMICK,PLANNING MGR,AICP
RUSTIN HALL SCOTT KUHTA,SR.LONG RANGE PLANNER,AICP
JOE MANN MIKE BASINGER,SENIOR PLANNER,AICP
MARCIA SANDS,VICE CHAIR CARY DRISKELL,DEPUTY CITY ATTORNEY
ART SHARPE DEANNA GRIFFITH,ADMIN
ARNE WOODARD WWW.SPOKANEVALLEY.ORG
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: May 13,2010
Item: Check all that apply: ❑ consent ❑old business ® new business ®public hearing
❑ information ❑ admin.report ❑ pending legislation
AGENDA ITEM TITLE: Public Hearing for STV-01-10—Request to vacate approximately 210 feet in length by
30 feet of width of dedicated unimproved right-of-way of 16`h Avenue.
PREVIOUS ACTION TAKEN: City Council adopted Resolution No. 10-0008 on April 13,2010, setting the date for a
public hearing.
'1 --1 1 04 1 - - U 7'' ''rE11147.--;i:'i?:`-,'--- -. 71!"-71, , . -7°4, —,'; t.'..1% } i'' '. .. .,1 ttir
I t r - ' i • __�Crtyc(Sco�,V +.- l-'y N� 1 7 �; ` fr
,a N I ,
L j 1 .1. 4 r
1.
�1. -=11 titit.- ; _ - t... :. oat„ ;
I` 1 111_ ..' .q. 0 S .1 `: R
i ---'ter * . -. .. __ J .e'S __ **',, _ 11 }.
. i ,, .
:,, ., ..)4,„'-‘,.... z--,,..,,k‘, i4r2):. ,-' • • •iii_. •,4-- -1-. ''. 171-,,i 1, -,t..„,,
PO > 16
I ..,„„ , 00, '' r pts' s *
.
t
BACKGROUND: The applicant Alan Gay, USKH, on behalf of abutting property owner with two-thirds ownership,
Tyler Ferguson, Coastal Community Bank, requests the vacation of a portion of 16th Avenue. The right of way is
unimproved and the abutting parcels are accessed via improved private road, 16th Lane. The street is located
approximately 362 feet west of the intersection of 16t Lane and Kahuna Drive and further located between parcels
35262.9091 and 35262.0803 to the south and parcels 35233.2711, 35233.2712, 35233.2719 and 35233.2822 to the north.
Please reference map above. j
16th Avenue was originally dedicated in 1907 through the Woodland Terrace Plat. The street was named Fourteenth
Avenue and changed to 16th Avenue at a later time. Located east of the proposed vacation,approximately 362 feet of 16t
Avenue was vacated in 1996 by Spokane County at the intersection of Carnahan Road and Kahuna Drive.
Pursuant to Spokane Valley Municipal Code (SVMC) 22.104.030 the Planning Commission must make findings on the
following as part of their recommendation to City Council:
1. Whether a change of use or vacation of the street or alley will better serve the public;
2. Whether the street or alley is no longer required for public use or public access;
3. Whether the substitution of a new and different public way would be more useful to the public;
4. Whether conditions may change in the future as to provide a greater use or need than presently exists;and
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.
OPTIONS: Recommend approval,approve with conditions,or deny the request.
RECOMMENDATION: Approve with conditions.
STAFF CONTACT: Karen Kendall,Assistant Planner
ATTACHMENTS:
Exhibit 1: Staff report
Exhibit 2: Findings and recommendations to the City of Spokane Valley Planning Commission
Exhibit 3: Vicinity map and 2009 Aerial Map
Exhibit 4: Street vacation application,written narrative and letters from utilities purveyors
Exhibit 5: Comments from Staff and Agencies
I.
EXHIBIT 1
Sf okan''
STAFF REPORT
PROPOSED STREET VACATION
Proposal:Request to vacate approximately 210 feet in length by 30 feet of width of dedicated unimproved right-of-way
of 16th Avenue.
Prepared by: Karen Kendall,Assistant Planner
Date: May 13,2010
BACKGROUND: The applicant Alan Gay,USKH,on behalf of abutting property owner with two-thirds ownership,
Tyler Ferguson,Coastal Community Bank,requests the vacation of a portion of 16th Avenue. The right of way is
unimproved and the abutting parcels are accessed via improved private road, 16th Lane. The street is located
approximately 362 feet west of the intersection of 16th Lane and Kahuna Drive and further located between parcels
35262.9091 and 35262.0803 to the south and parcels 35233.2711,35233.2712,35233.2719 and 35233.2822 to the north.
16th Avenue was originally dedicated in 1907 through the Woodland Terrace Plat. The street was named Fourteenth
Avenue and changed to 16th Avenue at a later time. Located east of the proposed vacation,approximately 362 feet of 16th
Avenue was vacated in 1996 by Spokane County at the intersection of Carnahan Road and Kahuna Drive.
Findings:
1. The vacation of the street will better serve the public because it will allow for the full development of the
properties(parcels 35233.2711,35233.2712,35233.2719 and 35233.2822)abutting to the north.
2. The street is no longer required for public use or public access. The street cannot access Carnahan Road or
Kahuna Drive to the east and the natural environment(Glenrose creek)prohibits connection to the west.
3. The substitution of a new and different public way would be more useful to the public. The creation of 16th
Lane(private drive)provides a new and more useful path of travel for lots to access onto Kahuna Drive and
Carnahan Road.
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. It is recommended that 16th Avenue right-of-way
be aggregated with the northerly parcels.
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 Property No. 1: Tyler Ferguson,Coastal Community Bank,owns property that abuts the right-of-
way on the north and includes Parcels 35233.2711,35233.2712,35233.2719 and 35233.2822.
Abutting Property No.2:Jenn-Hwan&Shaio Yu Lee Wang owns property(parcel 35262.0803)that abuts the
right-of-way on the south.
Abutting Property No.3: J.G.Ward,owns property(parcel 35262.9091)that abuts the right-of-way on the
south.
7. Utilities:
a. Sewer: No sewer services are located in 16th Avenue.
b. Water: City of Spokane Water Department commented on February 12,2010 stating no
infrastructure was located within area of proposed vacation and no objections to proposal. Staff
•
•
notes the City of Spokane Valley approved civil plans for the private road(16th Lane)indicates a
water line was installed.
c. Telephone/Fiber Optics:Qwest submitted a letter dated February 3,2010 with no objections.
d. Gas and Electricity:Avista Utilities submitted a letter dated March 10,2010 with no objections.
e. Cable Television:Comcast submitted a letter dated February 3,2010 with no objections.
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 two(2)drainage facilities located in the portion of 16th Avenue
being vacated. Along the south half of the vacation a stormwater channel captures runoff from Kahuna Drive
and conveys the stormwater runoff to Glenrose Creek to the west. The second system is a storm pipe which
collects all runoff from 16th Lane(private drive)and is treated further north into another stormwater system.
Currently there is no responsibility for the operations and maintenance of the stormdrain system, 16th Lane
and the stormwater channel along the south of 16th Lane.
9. Spokane Valley Fire District No. l: The existing hammerhead and private road located within right-of-way
and fire hydrants must be maintained per letter dated January 28,2010.
10. Spokane Valley Community Development-Building Division:No concerns with proposed vacation.
11. Zoning/Comprehensive Plan: Single-Family Residential District(R-3)zoning and Low Density Residential
Comprehensive Plan designation.
12. Land Use: Currently the right-of-way is not serving any properties. There is no public right-of-way
connecting to the area of 16th Avenue being vacated. 16th Lane (private road) is an easement designated to
serve only those lots it is built upon.
13. Spokane Valley Public Works Department:No concerns with proposed vacation.
14. Condition of street: South half of an improved private road(16th Lane)is within area of vacation. The west
approximately seventy(70)feet is unimproved and a portion is located through Glenrose Creek.
15. Assignment of vacated portions of right-of-way: Pursuant to Section 22.140.040.0 of the Spokane Valley
Municipal Code(SVMC)one-half of a vacated street shall go to each abutting property owner,unless
otherwise dictated. The applicant is requesting the entire portion of vacation be incorporated to the abutting
properties to the north(parcels 35233.2711,35233.2712,35233.2719 and 35233.2822).
Conclusions:
The criteria set forth in Section 22.140.030 of the SVMC has been met based upon the fmdings set forth.
EXHIBIT 2
FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION
May 13,2010
The following findings have been prepared by Staff for the Planning Commission in the event there is
concurrence with the recommendation to deny the request.
Background:
1. An application for vacation was filed on March 12,2010.
2. A completed application for vacation was processed on March 23,2010.
3. City Council adopted Resolution No. 10-008 on April 13,2010,setting the date for a public hearing.
4. The Planning Commission held a public hearing on May 13, 2010.
5. 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.
6. None of the property owners abutting the property to be vacated filed a written objection to the
proposed vacation with the City Clerk;and
Findings:
1. The vacation of the street will better serve the public because it will allow for the full development
of the properties (parcels 35233.2711, 35233.2712, 35233.2719 and 35233.2822) abutting to the
north.
2. The street is no longer required for public use or public access. The street cannot access Carnahan
Road or Kahuna Drive to the east and the natural environment(Glenrose creek)prohibits connection
to the west.
3. The substitution of a new and different public way would be more useful to the public. The creation
of 16th Lane (private drive) provides a new and more useful path of travel for lots to access onto
Kahuna Drive and Carnahan Road.
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. It is recommended that
16th Avenue right-of-way be aggregated with the northerly parcels.
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 Property No. 1: Tyler Ferguson,Coastal Community Bank,owns property that abuts the
right-of-way on the north and includes Parcels 35233.2711,35233.2712,35233.2719 and
35233.2822.
Abutting Property No. 2: Jenn-Hwan&Shaio Yu Lee Wang owns property(parcel 35262.0803)that
abuts the right-of-way on the south.
Abutting Property No. 3: J.G.Ward, owns property(parcel 35262.9091)that abuts the right-of-way
on the south.
7. Utilities:
a. Sewer: No sewer services are located in 16th Avenue.
b. Water: City of Spokane Water Department commented on February 12,2010 stating no
infrastructure was located within area of proposed vacation and no objections to proposal.
Staff notes the City of Spokane Valley approved civil plans for the private road(16 Lane)
indicates a water line was installed.
c. Telephone/Fiber Optics: Qwest submitted a letter dated February 3,2010 with no
objections.
d. Gas and Electricity:Avista Utilities submitted a letter dated March 10,2010 with no
objections.
e. Cable Television: Comcast submitted a letter dated February 3,2010 with no objections.
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 two (2) drainage facilities located in the portion of 16th
Avenue being vacated. Along the south half of the vacation a stormwater channel captures runoff
from Kahuna Drive and conveys the stormwater runoff to Glenrose Creek to the west. The second
system is a storm pipe which collects all runoff from 16th Lane(private drive)and is treated further
north into another stormwater system. Currently there is no responsibility for the operations and
maintenance of the stormdrain system, 16th Lane and the stormwater channel along the south of 16th
Lane.
9. Spokane Valley Fire District No. 1: The existing hammerhead and private road located within
right-of-way and fire hydrants must be maintained per letter dated January 28,2010.
10. Spokane Valley Community Development-Building Division:No concerns with proposed vacation.
11. Zoning/Comprehensive Plan: Single-Family Residential District(R-3)zoning and Low Density
Residential Comprehensive Plan designation.
12. Land Use: Currently the right-of-way is not serving any properties. There is no public right-of-way
connecting to the area of 16th Avenue being vacated. 16th Lane (private road) is an easement
designated to serve only those lots it is built upon.
13. Spokane Valley Public Works Department:No concerns with proposed vacation.
14. Condition of street: South half of an improved private road (16th Lane) is within area of vacation.
The west approximately seventy (70) feet is unimproved and a portion is located through Glenrose
Creek.
15. Assignment of vacated portions of right-of-way: Pursuant to Section 22.140.040.0 of the Spokane
Valley Municipal Code(SVMC) one-half of a vacated street shall go to each abutting property
owner,unless otherwise dictated. The applicant is requesting the entire portion of vacation be
incorporated to the abutting properties to the north(parcels 35233.2711, 35233.2712,35233.2719
and 35233.2822).
Conclusions:
The criteria set forth in Section 22.140.030 of the SVMC has been met based upon the findings set forth.
Recommendations:
The Spokane Valley Planning Commission therefore recommends approval to the City Council of the
vacation of 210 feet in length by 30 feet of width of dedicated right-of-way for 16th Avenue.
This approval is subject to the following:
1. The completion of the street vacation(File#STV-01-10)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 parcels 35233.2711, 35233.2712, 35233.2719 and
35233.2822 abutting the vacation on the north.
3. The existing easement for the private road and utilities will need to be updated to include the
portions of the private road and utilities that are currently in the right-of-way which is proposed to be
vacated. A draft easement will need to be submitted to the City of Spokane Valley Development
Engineering Division to be reviewed and accepted.
4. Prior to finalization of the street vacation, a voluntary compliance agreement must be signed
providing that within one year of the approval of the vacation:
a. The revised private road and utility easement will be recorded.
b. A Homeowner's Association(HOA)will be formed to assume the responsibility for the
operation and maintenance of the facilities that are within the 16th Lane project, as depicted
in the approved SF-03-05 Civil plans,including the onsite stormdrain system, 16th Lane
itself,the stormwater channel along the south edge of 16th Lane and other related onsite
facilities.
c. An Operations and Maintenance Manual with a financial plan for the facilities, and, CC&R's
for the HOA will be prepared and accepted,
d. The stormwater generated by the 16th Lane project will be covered by one of the following:
i. The stormwater would be kept onsite rather than flowing into the existing stormdrain that
is north of this project. This would involve a redesign of the current accepted Civil plans
and construction of the new stormwater facilities. A financial surety will be required to
cover the revised improvements not constructed and accepted within the one year.
ii. The stormwater would flow into the existing stormdrain system that is north of this
project and the HOA will assume a proportional share of the responsibility for the
operation and maintenance of the regional stormdrain system(which extends from 16th
Lane to the retention pond)and the retention pond that the stormwater from 16th Lane
drains into.
5. Following the City Council's passage of the ordinance approving the proposal to vacate the street, 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.
6. Following the City Council's passage of the ordinance approving the proposal to vacate the street, a
Boundary Line Elimination must be done to aggregate(consolidate)the northerly parcels with
vacated street. These items can be included on the above mentioned record of survey.
7. 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.
8. 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.
9. 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.
10. 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.
11. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by
the City.
Approved this 13th day of May,2010
John Carroll,Chairman
ATTEST
Deanna Griffith,Administrative Assistant
EXHIBIT 3
RECORD OF SURVEY AUDITOR'S CERTIFICATE
VACATION OF'A PORTION FRED FOR RECORD THIS_DAY OF
N8916'53-1112633.91' OF 16TH AVENUE. 2010 AT .M.,IN BOOK OF SURVEYS
23 A PORITON OF THE S 1/2 OF THE SW 1/4 OF SECTION 23, AT PACE_,AT THE REQUEST OF USKH INC. ,i
WIT 44IARIFR GORNTR FILIFR 00.181IR 5-23 •Sv A 101149/P 25 NORIN,RANGE 43 FAS.W.11.. I
NOT VISITED TRS SURVEY 3-1/4'47-CAP IN NON.CASE .CITY OF SPOK.VIE VALLEY,SPOKANE COUNTY,WASIRNCfON
CALL.POSITION PER 02 VI9TE0 6/31/07 '
• • / .I _i /1 /I. • I (30')1(3d) 1 I I I I COUNTY AUDITOR DEPUTY AUDITOR
/ I/ I • 2 / 1 • 1
j I I. 1. •
. AS-BOLT LOCATION OF/ / H I I $ 1 I 23
• •
.. '. MORAN-PRAIRIE I PRIVATE TRUNK SEVER I / / -� $ .. •I O
L NE No RECORDED •
EASEMENT FOUND I/Al/ I` I I I
I
5, 1 S ) /4 I• 'C L ..( 1 a z d T` uta PER '---7,7011
I�I
I I 1. I I .I 10.00' �' T1RRR1 1 2 1 t .
----1---/J 27 . i y--i__.ar-__ - L0i"_
/ I 1 I I ,° �"�_J 28 •J i
_� �' ,�/. • Awn . ' �� Auer %As»
1-71507-77•(I /I (50') r Tan (DIY) 7r 8 noir. 50.00 50.00' 51.50 51.50' moo' sz.e.'
I I / I I • --II s •
. I +P'R Rn. e( (,_' Jr, {R g BLA PER SCOLIO 2008-0534
•Z .•I W.S A �1t -. -11 .I� /f `� �d PER AFM#5683630 .
-I
/i / ry' 1_4 � •••''
', 1.12 I )..9 1.10 1.71 1.12 1.73 U4 1.15 1.16 o
i MAO'VIAE $
II I � � ° " -- -------- ---- - g
• (30) (3� I c� I c c r _ D so too
---1__..L__- -(. -1 I IY FR7•FATEROADINO URLITYEA3IYNT 30'
Pr:
/ b I S 1N13Y1.E 208.78 210' }. - -T k AFM%5471Y'.1! _� 20'
22 23 1827.90' � / o' 01 1618 ANDEE ) b VAGATFD 1639 AVE X96-0106 �=R SCALE*IN FEET
129.86' 4:' 210 Fl 2Y 50.00 50.00') 50.0' 51.50' 51.�50.00 32.26' 50.W'...
27 26 S 89'3311`E 120.39' 2629.76' / - S26
• SEC3DELCARIEM PROPOSED AREA 10 120.54'R4 2529.70'R2
PHD W A„Fl DNO'X'
OAT DC VACATED 2629.79'R3 / �� enm,Z IA_-_„ Ro`-
V49E0 6/31/07 ENO,RE8IR/RASHER //7/FA.
. ^SURPACORN10 OF aKAA1M A 4.
• uvU II�1AMON Noma,Ls 708 / 018903IANR0s E1mTm8MR5/31/87
BOOK T3 OF PU75 PO.6 0.56'NORTH OF I.NE 1 / / I I
0.42'NORM OF LIEI , I
LEGEND
• () PPLAT OF
LAT TEROURSE RACE AS RECCRDED LEGAL DESCRIPTION
OASIS OF NFARING. • M BOOK 9'OF PLATS,PACE 16. THAT PORTION OF 161H AVENUE PER TIE PLAT OF WOODLAND TERRACE AS
AN ASSIGNED.BEARING OF S6933'11'E BETWEEN RECORDED IN BOOK Y OF PLATS PAGE 16.LYING WESTERLY OF THE WESTERLY
' FOUND MONUNENTATEN OF THE SOUTH BOUNDARY CFBOUNDARY OF BLOCK 26ARD LRNO EASTERLY CF THE SOUTHERLY COMMON OF
THE SOUTHWEST WINTER OF SEMEN 23,AS PER THE WESTERLY BOUNDARY LINE OF LOT 10 OF BLOCK 27 OF SAID PIAT.
ROS RECORDED IN BOOK 121 OF SURVEYS,PAGES 21 UNFItAL ROWS.
h 23. 1. BLOCKS 27 AND 26 OF THE PLAT OF 117)ODLAND TERRACE ARE CONTAINING 6.294 SQUARE FEET,OR 0.14 ACRES.
CALCULATED PER RECCRD OF SURVEY AS RECORDED N BOOK 121 Cf
SURVEYS.PAGES 21-23 AND PAGES 24-25,AND THE FOUND
MONWENTA110N OF THE SOUTH BOUNDARY OF THE SOUTHEAST
WARIER OF SECT(IN 23.
AAPS REFERENCED: 2. LOCATION OF THE 100 YEAR F1.000 PLAIN BOUNDARY WAS
INTERPOLATED FROM FEMA(FIRM)PAWEL.N0.530174 0300 C.REVISED
SEPT.30.1992. DISTANMS WERE SCALED FROM THE CEN1ERU1E OF FOITIPMFNT A PROCFQURES•
• 81 PLAT OF WOODLAND TERRACE.VOL'1-OF MATS,PG.16., CARNANM ROM.WESTERLY TO THE EDGE OF ZONE A. 'DOSE AN ANNUALLY CAUBRA7m TRIMBIE 5603 DR2W ROBOTIC TOTAL
SURVEYOR,MILTON L BALDY. - INTERPOLATED DISTANCES ALIGN CLOSELY WITH THE EASTERLY ODE OF
R2 VOLUME 121 OF SURVEYS,PAGES 121-123.SURVEYOR E DANS AN EOSTNG DRAINAGE STATION WAS UT9AED FOR CONTEN1IC*4AL FlE1D TRAVERSE
R3 VOLUME 100 CO SURVEYS,PAGES 28-21/SURVEYOR D.CLARK 3. THE PURPOSE OF 1115 SURVEY IS TO DELINEATE A PORTION OF PROCEDURES MEET OR EXCEED WAC 332-130-090. CPS RTK
84 PUT OF KAHUNA HILLS AWN.,VOL 13 OF PLATS.PS.6. 16Th AVENUE THAT IS BEING REQUESTED 70 BE VACATED. OBSERVATIONS WERE MADE USING TRIMBLE 4400 DUAL FREQUENCY
DISTANCES.RS AND CHECKED AGAINST MEASURED AND RECORD
_
' It621 W.HALLOW AVE 0 313 DST STREET RECORD OF SURVEY
5S9ON0KEAN30E9 SUM RDD
SECTION INDEX otra 'A Inti 311) 3139 PHONE: 2:11)NO 2661 FOR
ulic
SURVEYOR'S CERTIFICATE y 7���.� FAX(309)320-0423 FAX:(m0)740-0025 COASTAL COMMUNITY BANK
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME .7 I V O 0 5 N.CC.WLIE STREET O 115 6.NEw85109 AVE'
V 0 TAW WALLA.WA 99362 5UI1E 110
CR UNDER MY DIRECTION IN CONFORMANCE 1Y1TH THE °O Mfg O PHONE:(509)522-4643 1E7BI3101.DR 87676
REQUIREMENTS OF THE SURVEY RECORDING ACT,AT THE ° 9431 oz FAX(so9)522_7902 PHONE:(541)564-4446 WITHIN A PORTION OF THE S 1/2
REQUEST OF COASTAL COMMUNITY BANK IN MARCH OF 2010. ",A:V�,�Pe oS' OF THE SW 1/4 OF SECTION 23, TOWNSHIP 25 NORTH,
c� O 2376 MAIN S7.SUITE 2
.♦ 'MAI,A,Lv FEMME.WA ALF RANGE 43 EAST, W.M., SPOKANE COUNTY, WASHINGTON
6614-7011-1764
• iAD(360)312-0124
X GARY W.ERICKSON,PLS 30431 DATE LAND SURVEYING • PLANNING SCALE 1-. 50' DATE 03/09/10 REV: 03/10/10
• W.O. 1215700 DVM.BY: OLP CHKD.BY: GIVE 01
1.
ARCHITECTURE • ENGINEERING � � CAD FILE: 1215700-16th-Vat-ROS.dwq SHEET
2009 Aerial Photo
i '':1,.--
- _ w Vie '; ' i :; V 1 . .. .
�. a1.— �I F i f ti 5
1 .'« 0f". •
"..._ ! ♦ . . I ..1 __ p I- .f' ' .."� _ il� ��
41
9 ��I Fry'i a tr I h�
i - -.r •i —. — t amity- spur3nc''1a,_5I I ''` •
;.. .-'-
't,,I...10::',•-'----r i�� r
1... •Itril
IJ 6 b Y NwT. � -G.-:-__
r HIS f.
�s �
, '`''1' 'er. .• ♦ 'r�4 .10i 1' , _ r e,,��yF,�.�/(.n I - Pi
Iii .1jr
. ,. _. .. '... it � .. _
,4.,x.1. .-- sal' -• :i.AI}''r` .-,.Y.'' ' .. 4: i:• PI ��� t3' �•'
' Y t M -•r +x yi_ ,u..♦ 1! � d 1[{l 'I I• S, �
! �y
a "�' 4,�i,... _ +ag° _ to• 1 em'��'�.•_ Qt 9 E: t M r 'fir' ti � ^�,1- .{�!!' 'M' 'fd' `.. IA
odcron of 11> ve "� �r
1
..: --
A�♦ ; 4}' t•.12 . .+' �J.r "`. .::•. I;_ (( t ;">tlu 1fY — YfC1
�y �„ rt tS.♦.
EXHIBIT 4
Scn 0.411� CITY OF SPOKANE`/ALLEY �Mr Staff Use Only) •
pokane Permit Center (
400,0Valley 11703 East Sprague Avenue, Suite B-3 DATE SUBMITTED: :7l1� 1.0 RECEIVED BY:LL'L "" -
Spokane Valley, WA 99206 FILE No./NAME: ST1) -- I0
Tel: (509) 688-0036
Fax: (509) 688-0037 •Pl l,tt.k 0000(A1
planning@spokanevalley.org /�
CURRENT PLANNING FE . L
ENGINEERING FEE:
RECEIVED
STREET VACATION APPLICATION(SVMC 22.140)
MAR 12 7010'
PART I-APPLICATION INFORMATION SPOKADEPARTNE
VALLEYNT
OF
COMMUNITY DEVELOPMENT
PROJECT INFORMATION:
Name of Public Street Proposed for Vacation: 16th Avenue
Section/Township/Range of Public Street Proposed for Vacation: S'/2 of the SW'A of Section 23,
T25N R43E
Area(Square Feet)of Public Street to be Vacated: 6,300 sf
Dimensions of Public Street to be Vacated: 30 wide 210 deep
Street Address/Tax Parcel No of Abutting Property#1: See Attached
Street Address/Tax Parcel No of Abutting Property#2: See Attached
Zoning Designation of Abutting Property#1: Urban Residential—3.5
Zoning Designation of Abutting Property#2: Urban Residential—3.5
Previous Land Use Action,If Applicable(state Project File No.&Name:
APPLICANT/OWNER INFORMATION*:
Please note: Submit on a separate sheet of paper the required applicant/owner information specified below
if there are more than two (2)applicants submitting for the Street Vacation. Applicants must be the same
as property owners specified on the current Spokane County Assessor's Office parcel records.
ABUTTING PROPERTY OWNERNO.1:
APPLICANT NAME: SEE ATTACHED
MAILING ADDRESS:
CITY: STATE: ZIP:
PHONE:(HOME/WORK) _(FAX) (CELL)
Please Circle
*PLEASE NOTE: Per RCW 35.79.040 (Title to Vacated Street or Alley),the property within a public street or
alley vacated by the City Council shall belong to the abutting property owners,one-half(1/2)to each. Therefore,
Effective October 28,2007
Page 1 of 8
I:\1215700\Permitting\Street Vacation Application\1215700-Street Vacation Application-020510.doc
if there is more than one (1) ptorperty owner abutting the public street ora.iey proposed for vacation, each
property owner shall be required to sign the street vacation application.
ABUTTING PROPERTY OWNER NO.2:
APPLICANT NAME: SEE ATTACHED
MAILING ADDRESS:
CITY: STATE: ZIP:
PHONE:(HOME/WORK) _(FAX) (CELL)
Please Circle
ABUTTING PROPERTY OWNER NO.3:
APPLICANT NAME: SEE ATTACHED
MAILING ADDRESS:
CITY: STATE: ZIP:
PHONE:(HOME/WORK) _(FAX) (CELL)
Please Circle
PART II—EVALUATION CRITERIA
The following is criteria evaluated by the Planning Commission in formulating a recommendation to the
City Council.
On a separate sheet of paper the following questions shall be answered in a detailed manner.
1. How does a change of use or vacation of the street/alley improve service to the public?
This change provides access to the Woodland Terrace Subdivision.
2. Is the street or alley no longer required for public use or public access? Explain.
The right-of-way is no longer needed for public access as a private road and easement now serves as an
access for a private subdivision.
3. Would substitution of a new and/or different public right-of-way better serve the public? Explain.
No. See#2.
4. How will use or need for this right-of-way be affected by future conditions? Explain.
Future use or need is not anticipated. In addition, connectivity to the west is not practical due to existing
topography.
5. Will easements be retained for all underground and overhead utilities? The requested vacation is located
in the service area of what utility companies.(Specify)?
Yes, a private road utility easement(AFM#5471938)will be maintained following the vacation of 16th
Avenue.
6. Petitioner(s)contacted the following utilities/agencies with this proposal for their concurrence.
(Attach correspondence)
Effective October 28,2007
• Page 2 of 8
L•\1215700\Permitting\Street Vacation Application\1215700-Street Vacation Application-020510.doc '
J"_Telephone _Y_Cable _Y_Electric _Other(Specify)
_Y_Water District _Y_Fire District_Y_Gas Utility _Y_Sewer Utility
7. Does the right-of-way include stormwater drainage facilities(Specify)?
The vacation area includes a proposed storm sewer, which has been addressed by an easement(AFN#
541938)and is commonly owned by the Home Owners Association.
NOTE: ALL SUBMITTAL REQUIREMENTS SPECIFIED IN THE STREET VACATION
SUBMITTAL CHECKLIST SHALL BE SUBMITTED BEFORE THE STREET VACATION
APPLICATION WILL BE PROCESSED.
•
Effective October 28,2007
Page 3 of 8
I:\1215700\Permitting\Street Vacation Application\1215700-Street Vacation Application-020510.doc
TART II-LEGAL OWNER SIGNATLi(E
Please note:-Submit on a separate sheet of paper the required legal owner signature specified below if there are more
than two(2)property owners submitting for the Street Vacation.
Per a phonecall with Karen Kendall on March 11,2010,signatures from abutting property owners 1&2 are not required
because they are not submitting the application for the Street Vacation and because they reside outside of the City Limits.
USKH will contact these property owners to inform them of the proposed vacation following the submission of this
application.
•
Effective October 28,2007
Page 4 of 8
I:\1215700\Permitting\Street Vacation Application\1215700-Street Vacation Application-020510.doc
(
ABUTTING PROPERTY OWNER O.3:
I, T9.L ce1241).$ tf\) , (print name) SWEAR OR AFFIRM THAT THE
ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE,
I FURTHER SWEAR.Ott AFFIRM THAT I AM THE OWNER OF RECORD OF THE AREA PROPOSED
FOR THE ABOVE-IDENTIFIMI LAND USE ACTION, OR, IF NOT THE. OWNER, ATTACHED
HEREWITH IS 'WRITTEN PERMISSION FROM THE OWNER AUTHORIZING UV ACTIONS CO
HIS/HER BEHALF,
AD.DRESS: 6S4.6 11175-‘ Ave5 . PHONE: 96-60
•
vftg'Ci \MA ZIP; : 2OS
(9ity) (State)
(441 .7114/te7. 5()V1.4
(StgRaltge) (Date).
NOTARY
(for Part If:tbove)
STATE OF WASHINGToN )
ss:
COUNTY OF RQICANE )
SUBSGRIBED AND SWORN tk before me this I.I Th day:of WI Alat 4 fp
NOTARY SEAL
..
NOY • .
SIGNATURE roirG. arber
lv• • '-1
Notary Public in an for the StaFTfyashington
,40.SNAutAtiff
(3Ailaisiiik Residing at: tart147.4wcx
-•
%14 04P
.bq 4%6%: 44 • • • • • •N151 I • •
Sc
tid ON), {CV I.174'420• 404 appoiptmeht opires: 12-izq 110 I 3 •
•f•
* t•lz •
5t,)
4
- 4.- -
.40/1411P4(3-
•41/IN('SO •
riiiiwAvi,os.
•
. _
Effective Octqber 24 2007
Page 4 ef 7
MI./.15700Wetnitting1Strect VeOtion Applitation11215700-.Stivet Vacation Applicatinti-020Mtio0
16th Avenue Vacation Application
Property Ownership Information
Street Addresses/Tax Parcel Numbers of Abutting Properties:
1. Parcel#35262.9091
2. Parcel#35262.0803
3. Parcel#35233.2711(Lot 10, Block 27)
4. Parcel#35233.2712(Lot 11, Block 27)
5. Parcel#35233.2713(Lot 12, Block 27)
6. Parcel#35233.2811(Also reported as 35233.2822)(Lot 9, Block 28)
Abutting Property Owners
1. Parcel#35262.9091
Joseph G Ward
9 S.Washington St. #701
Spokane,WA 99201
2. Parcel#35262.0803
Jenn-Hwan&Shiao Yu Lee Wang
4909 E.17th Court
Spokane,WA 99223
3. Parcel#s(35233.2711,35233.2712,35233.2713,35233.2811/35233.2822)
Coastal Community Bank
10520 19th Ave SE
Everett,WA 98208
425-357-3663 (phone)
425-338-0529(fax)
***See the attached Trustee's Deed and Title Policy for the properties owned by Coastal
Community Bank
16th Avenue Vacation Application
Narrative for Proposed Street Vacation
Currently,the segment of private roadway is expected to be used only by local vehicular traffic and
needs to be vacated to provide lawful access into the Woodland Terrace Development. It is USKH's
understanding that the City of Spokane Valley does not plan to make this segment of 16th Avenue active
as a public road. In addition,this segment of 16th Avenue has never been developed through the
proposed vacation alignment. Contact with the local utility agencies revealed that there are no utilities
within the 30-foot width right-of-way for 16th Avenue that lies within Spokane Valley. There is a new
storm sewer as well as part of an already-constructed private drive for the portion of 16th Avenue to be
vacated. The proposed storm sewer and private drive have been addressed by easement(AFN#541938)
and are commonly owned by the Home Owners Association. See the attached record of survey for the
location of this easement.
The vacation's west and east limits are the previously vacated portion of 16th Avenue and the western
edge of Lot 10, Block 27,respectively. The northern and southern boundaries for the vacation are the
right-of-way along 16th Avenue and the City of Spokane Valley City Limit,respectively. This results in a
210 ft x30 ft(6,300 sf)vacation area.
•
Tyler Ferguson
.". . :
" •
'r•Om:, Alan Gay rAGay@uskh.com)
Sent: Frig:10,March 12,?I:11010:11 AM
To: tyler Eatiltdri
Subjecter 2.9%j Final Sfraas,Vacation Application
•Ty
I spoke With angina,anothet 5pokne Valley planner,about paying the vacation application fee of1,365 by
credit'card, We would efet to do it that way,avoldino a contract modification,which Is whatWe would need
to do the pati-throughi:thelitioned my VOice
lr addition,we needa statement from you thetwe are your authorized agent In this matter; Text.lii(e tho
following win work;
As an.officor:Di Coastal Community Barik,(authorize USKH Inc.to act as agent in the Vacation of 15th Avenge,
City oiSpoka ne Valley,WaShington.
4/1 tf LtA h.- r
N a rn tl e Date ''gtrte rea1
1'444 90
I will pall you in a minute to discuss.
Thanks,
AIti
E, Associate
llOr GNU Enpinaor
UEEH
muitilpivitaaitiDifko Al4Pittati4.
021 W, Mauna Ave., e,S.09
www .cpfli
0,02(40
Please*consider ilia
•Oilvirruim eat'Afore Prtnitari,
. • . •• . • . . • •..• .
tic *!. ?.R * * 44. ss * * * * >15 * *
010*tect.r.onic conwonicat4A,(iatiudipg all attaclunents)is:ititeAded only for tivnmed addressee()
And may contain confidential informagoaf.It has not passed through oaf.§taDtlar'cl:reviev.Itp.tooess.Design
data afid•recommeddatios rincluded'herein are provided as a matter of oonverfielite.arid$ibould.iiot be
uOdfOr.final design.RELY ONLY ON THE IINAL HARD COPY MATER -BEARING THE
CONSULT-ANT'S ORIGINAL SIGNATURE AND SEAL. If you are ilot the tatted addtesseets),afty
:$42/20.10
Karen Kendall
From: Ellie Key[ekey@uskh.com]
Sent: Friday, March 19, 2010 12:01 PM
To: Karen Kendall
Cc: Alan Gay
Subject: 16th Ave Vacation
Attachments: Recorded Private Road Easment.pdf; 1215700-Utility Response Letters-031110.pdf
Karen,
Attached to this email are the utility response letters and a copy of the recorded easement for the private road.
Please let me know if you need anything else. I apologize for these not being initially included in the application.
Eleanor
M. Eleanor Key, P.E., LEED AP
Civil Engineer
Private/Municipal Division
USK*1
9HARED M51DN.UNIFIED APPROACH.
621 W. Mallon Ave.,Ste.309
Spokane, WA 99201
t: 509.328.5139
f: 509.328.0423
www.uskh.com
Phase consider the
environment before printing.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
This electronic communication(including all attachments)is intended only for the named addressee(s)and may
contain confidential information. It has not passed through our standard review process.Design data and
recommendations included herein are provided as a matter of convenience and should not be used for final
design. RELY ONLY ON THE FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S
ORIGINAL SIGNATURE AND SEAL.If you are not the named addressee(s),any use, dissemination,
distribution or copying of this communication is prohibited. If you have received this communication in error,
please notify the sender immediately by return e-mail and delete the original communication from your system.
This e-mail and all other electronic(including voice)communications from the sender's firm are not intended by
the sender to constitute an electronic record, an electronic signature or any agreement to conduct a transaction
by electronic means. Any such intention or agreement is hereby expressly disclaimed unless otherwise
specifically indicated.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
i
( (
.ECEI\/ET) Development Engineering
Sp'okane FEB 11 2010
Valley USKH4000
SPO4'&Z?E Sprague Ave Suite 106♦ Spokane Valley WA 99206
509.921.1000♦ Fax: 509.921.1008+cityhall®spokanevalley.org
February 10,2010
Alan E. Gay,P.E.
USKH
621 W.Mallon Ave., Suite 309
Spokane,WA 99201
Re: City Facilities Within 16th Ave Right-of-Way
Alan,
Public Works and Development Engineering looked into whether or not the City has any
infrastructure in the portion of 16th Avenue right-of-way just west of Carnahan which is
shown as being proposed to be vacated in your letter of January 20,2010. As far as I can
ascertain the City does not have anything.
If you have any questions,please email me at hallen@spokanevalley.org or call me at
(509)720-5319.
Sincerel ,
' enry M.alien
Development Engineer
cc: Spokane Valley Planning Department
Spokane Valley Development Engineering—Project File
L
- -
WATER DEPARTMENT
PE'CI SPOKANE 914 E.NORTH FOOTHILLS DRIVE
..s•
/14E4 Fp'�, SPOKAN509) E,WASHINGTON625-7800 99207-2794
I�
P&p z 7FAX 625-7816
z0�o
LcPokkhe , )')iii))
February 12,2010
USKH
•
Alan Gay,P.E.
621 W.Mallon Ave.,Ste.309
Spokane,WA 99201
(509)328-5139
Subject: Proposed Vacation of portion of 161h,Spokane Valley,Washington
Dear Alan:
The City of Spokane Water Department does not have public water infrastructure within the proposed
limits of the vacation of the portion of 16'h Avenue shown on the vicinity map that was submitted.
There are no objections at this time to the vacation of this portion of 16th Avenue.
Sincere y,
Stephen Burns, E.I.T.
cc: Frank Triplett,Director
City of Spokane Water Department
904 N.Columbus _ {a
Spokane,WA 99202
• Qwest.
RECEIVED Spirit of Service°
FEB 052010
February 3, 2010 USKH Spokane
USKH
621 W. Mallon Ave, Ste. 309
Spokane, WA 99201
Attn: Alan Gay
Re: Proposed Vacation of portion of 16th, Spokane Valley,
Washington
Dear Alan,
Qwest has no objections to the above referenced city
vacation. Per your letter, the vacation's west and east
limits are the previously vacated portion of 16th Avenue and
the western edge of Lot 9, Block 27, respectively. The
northern and southern boundaries for the vacation are the
right-of-way along 16th and the City of Spokane Valley City
Limit, respectively. This results in a 259 if x 30 1f
vacation area.
If you have any questions or concerns, please call me on
(509) 455-2112 .
Sincerely,
#1*Nr14
Charisse Mathes
Sr. Design Engineer
r
REcElvElp-
( om cast 201 Buck
1717 E. Cable
eye Ave.
kan� Spokane,WA 99207
USKH SPO
February 3,2010
Alan Gay.P.E.
USKH
621 W.Mallon Ave.
Ste.309
Spokane,WA 99201
RE:Vacation of portion of 16th, Spokane Valley,Washington
Dear Mr.Gay,
Comcast has no objection to the vacation of the portion of 16th Ave as described.
Sincerely,
Bryan ' .chardson
44, -
Bry. Ri hardson(509)755-4717
Contractor Coordinator for Comcast Cable, Spokane
V
•
50
0
FIRE ALr-
DEPARTMENTi
10319 EAST SPRAGUE AVE.•SPOKANE VALLEY,WA 99206-3627•(509)928-1700•FAX(509)892-4127
www.spokanevalleyfire.com
PREVENTION DIVISION
RECEIVED
January 28,2010 . JAN 2010
Contact: Alan Gay, P.E. USKH Spokane
621 E. Mallon Avenue, Suite 309
Spokane,WA 99201 - -
Office: (509)328-5139
Fax: (509)328-0423
RE: Proposed Vacation of portion of 16"'Avenue, Spokane Valley,Washington
A review of the supplied information for the above referenced project has been conducted and the
following comments are provided:
1. The hydrant and associated water line easement will need to be maintained. Adjustments to the
location of the private road may require that the hydrant be relocated to maintain appropriate
access.
2. The hammerhead and private road located within the right-of-way to be vacated shall be
maintained. Appropriate easements may be required to maintain access. (If the private road is
extended the location of the hammerhead may need to be revised such that the dead end portion
does not exceed 150ft.) •
If there are any questions please do not hesitate to call.
Sincerely,
Trac Harvey
Fire Protection Engineer
Spokane Valley Fire Department
• Cc Spokane Valley Planning Department
•
X1'1 25
o Spyb4,,,v. w��r
cAff,5cL W I t. ue '�
e( -1
0:1Dept Data Unshared\Prevention Unshared\Building Files\W-Master Property\Woodland Terrace vacate 16th.doc
Ellie Key
From: Coles,Tim[tcoles@spokanecity.org]
Sent: Thursday, February 25, 2010 9:14 AM
To: Ellie Key
Subject: 16th Ave Vacation
Attachments: CityValleyl 6thVac.doc
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Red Category
Here's the letter.
Tim Coles
1
( •
DATE:2/25/10
Ellenor USKH
Spokane Wa
re: Proposed vacation of 16th Ave in the City of Spokane Valley
Dear Ellenor
This letter is in response to our conversation on the 24th of Feburary 2010 about the
proposed vacation of 16th Ave in the City of Spokane Valley. There are no known
City of Spokane water easements along the proposed vacation area of 16th Ave. •
The Moran trunk sewer is located in the vacinity of the proposed vacation area so
we would need to see language in the vacation that provides for a 30' no build
easement centered on the existing Moran trunk sewer which may cross the
proposed vacation area.
Sincerely
Tim Coles, Engineering Tech 4
Developer Sevices.
411' „
March 10,2010
Alan Gay
USKH,Inc.
621 W.Mallon,Ste.309
Spokane,WA 99201
RE: Proposed Vacation of portion of 16th,Spokane Valley
Dear Mr. Gay:
Avista has reviewed the vacation request and there are no issues with the vacation as this portion has not
been improved.
If you have any questions,please feel free to contact Claude Kaler at(509)495-4441.
Sincerely,
Sherry Miller
Real Estate Assistant
cc: Claude Kaler,Avista
EXHIBIT 5
Karen Kendall
From: Karen Kendall
Sent: Thursday,April 08,2010 12:12 PM
To: Inga Note
Subject: RE: pending street vacation
Thanks for the clarification. I'll accept the email below as your initial and final comments.
KAREN ICENAALL
509.7-20.5026 direct
509921.1008 fax
From: Inga Note
Sent:Thursday,April 08, 2010 12:12 PM
To: Karen Kendall
Subject: RE: pending street vacation
I don't think we had any initial comments either. I had a little correspondence with Henry but that was just clarifying
exactly what was being vacated.
From: Karen Kendall
Sent:Thursday,April 08, 2010 11:44 AM
To: Inga Note
Subject: RE: pending street vacation
I nga,
Thanks. Can you please provide some clarification,as I have to this date, not received initial comments from you,
Neil or Steve. Do you have no comments on proposed street vacation,oris the email below in addition to previous
comments made? If so,would you please send me the initial comment(s).
Thanks again.
KAREN K.ENDALL
509.720.5026 direct
509921.1002 fax
From: Inga Note
Sent:Thursday, April 08, 2010 11:32 AM
To: Karen Kendall
Subject: FW: pending street vacation
Karen,
Steve, Neil and I looked over the application. We have no further comments.
Inga
From: Kathy McClung
Sent: Wednesday, March 24, 2010 4:45 PM
To: Neil Kersten
1
Cc: Deanna Griffith
Subject: pending street vacation
Location 210 feet by 30 feet of dedicated unimproved r/w for 16th Avenue approx.362 feet west of 16th Lane& Kahuna
Dr.
Kathy McClung
Director,Community Development
City of Spokane Valley
11707 E.Sprague Ave.Suite 106
Spokane Valley,WA 99206
509-720-5300-direct(please note the new phone number)
509-921-1008 fax
kmcclung@spokanevallev.org
2
sjo1 "e Development Engineering
•0000 Valley
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000♦ Fax: 509.921.1008♦ cityhall@spokanevalley.org
Memorandum
To: Karen Kendall-Assistant Planner
From: Henry Allen-Development EngineerS.
Date: May 4,2010
Re: STV-01-10-16th Ave: Street Vacation Application-REVISED Conditions
Please include the following revised conditions for the street vacation-
The existing easement for the private road and utilities will need to be updated to include the portions of the
private road and utilities that are currently in the right-of-way which is proposed to be vacated. A draft
easement will need to be reviewed and accepted.
Prior to finalization of the street vacation, a voluntary compliance agreement must be signed providing that
within one year of the approval of the vacation:
1) The revised private road and utility easement will be recorded.
2) A Homeowner's Association(HOA)will be formed to assume the responsibility for the operation
and maintenance of the facilities that are within the 16th Lane project, as depicted in the approved
SF-03-05 Civil plans, including the onsite stormdrain system, 16t Lane itself,the stormwater
channel along the south edge of 16th Lane and other related onsite facilities.
3) An Operations and Maintenance Manual with a financial plan for the facilities, and, CC&R's for the
HOA will be prepared and accepted,
4) The stormwater generated by the 16th Lane project will be covered by one of the following:
a. The stormwater would be kept onsite rather than flowing into the existing stormdrain that is
north of this project. This would involve a redesign of the current accepted Civil plans and
construction of the new stormwater facilities. A financial surety will be required to cover the
revised improvements not constructed and accepted within the one year.
b. The stormwater would flow into the existing stormdrain system that is north of this project
and the HOA will assume a proportional share of the responsibility for the operation and
maintenance of the regional stormdrain system(which extends from 16th Lane to the
retention pond)and the retention pond that the stormwater from 16th Lane drains into.
Sjo1 " ' Development Engineering
4 i 000 Valley
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000♦ Fax: 509.921.1008 ♦ cityhall®spokanevalley.org
Memorandum
To: Karen Kendall—Assistant Planner
..%From: Henry Allen—Development Engineer
Date: April 8,2010
Re: STV-01-10 -16th Ave: Street Vacation Application Comments
Development Engineering has reviewed the subject application and has the following comments:
Part 2—Evaluation Criteria
#7, Stormwater facilities in the right-of-way—
• The auditor's file number(AFN)mentioned does not match the number in the Record of Survey
attached to the application.
• The south half of the vacation also contains a stormwater channel which receives runoff from
Kahuna Drive and conveys this runoff to Glenrose Creek.
• As of the date of this memo,as far as Development Engineering knows the stormdrain system and
the stormwater channel have not yet been brought under the responsibility of a homeowner's
association.
Property ownership information—
• Parcel numbers 35233.2713 and 35233.2811 in the application do not match the parcel numbers in
PRISM.
Narrative for proposed street vacation—
• The AFN mentioned does not match the number in the Record of Survey attached to the application.
• As of the date of this memo,as far as Development Engineering knows the stormdrain system,
private road and stormwater channel have not yet been brought under the responsibility of a
homeowner's association.
• 2nd paragraph-"west"and"east"need to be reversed.
Please include the following conditions for the street vacation—
The existing easement for the private road and utilities will need to be updated to include the portions of the
private road and utilities that are currently in the right-of-way which is proposed to be vacated.
Prior to finalization of the street vacation,documentation must be provided demonstrating that immediately
upon approval of the vacation:
1) The responsibility for the operation and maintenance of the portions of the stormdrain system, 16th
Lane and the stormwater channel along the south edge of 16th Lane,that are contained within the
area being vacated,will be assumed by a homeowner's association.
(.
STV-01-10-16th Ave vacation application comments.docx
2) A homeowner's association will assume a proportional share of the responsibility for the operation
and maintenance of the stormdrain system(which extends from 16th Lane to the retention pond)and
the retention pond that the stormwater from 16th Lane drains into.
Page 2
Karen Kendall
From: Rodney Pegram
Sent: Tuesday, May 04, 2010 9:47 AM
To: Karen Kendall
Cc: Henry Allen
Subject: 16th Lane
Hi,
The water service has been completed.Valve boxes are visible in the pavement and stub locations are marked w/blue
paint at the curb.Also,sewer stub markers are visible south of the north silt fence. If you need additional information,
let me know.
Rodney D. Pegram
Development Inspector
City of Spokane Valley
rperram@spokanevalley.org
509/720-5324
i
Karen Kendall
Frorri: Mary Kate McGee
Sent: Wednesday, April 14,2010 1:01 PM
To: Karen Kendall
Subject: STV-01-10
Karen,
I don't see any structures that are impacted and if there were I have to assume that the street vacation would only
improve setbacks until new structures or additions were proposed, at which time we would review building cod setbacks
through the permit process. So I guess that is the long way of saying that I see no building code issues.
MK
Mary Kate McGee
Building Official
11703 E Sprague Ave Suite B-3
Spokane Valley WA 99206
Ph: 509-720-5305
Fax: 509-688-0037
Email: mkmcgeeCa.spokanevallev.org
•
•
oMNE vAtt
•
5Q FIRE 41
DEPARTMENT
DEPARTMENT
10319 EAST SPRAGUE AVE.•SPOKANE VALLEY,WA 99206-3627•(509)928-1700•FAX(509)892-4127
www.spokanevalleyfire.com
•
PREVENTION DIVISION
January 28, 2010
Contact: Alan Gay, P.E.
621 E. Mallon Avenue, Suite 309
Spokane,WA 99201 •
Office: (509) 328-5139 •
Fax: (509)328-0423
•
RE: Proposed Vacation of portion of 16th Avenue, Spokane Valley,Washington
A review of the supplied information for the above referenced project has been conducted and the
following comments are provided:
1. The hydrant and associated water line easement will need to be maintained: Adjustments to the
location of the private road may require that the hydrant be relocated to maintain appropriate
access.
2. The hammerhead and private road located within the right-of-way to be vacated shall be
maintained. Appropriate easements may be required to maintain access. (If the private road is
extended the location of the hammerhead may need to be revised such that the dead end portion
does not.exceed 150ft.) •
If there are any questions please do not hesitate to call.
Sincerely, .
QQ •
Trac Harvey
Fire Protection Engineer
Spokane Valley Fire Department
• Cc Spokane Valley Planning Department
•
•
•
•
•
Q:'Dept Data Unshared\Prevention UnsharedlBuilding Files\W-Master Property\Woodland Terrace vacate 16th.doc
Karen Kendall
From: Coles,Tim[tcoles@spokanecity.org]
Sent: Tuesday,April 06, 2010 8:42 AM
To: Karen Kendall
Subject: RE: 16th ave vacation
Yes. TimC
From: Karen Kendall [mailto:kkendall@spokanevalley.org]
Sent: Monday,April 05, 2010 4:11 PM
To: Coles,Tim
Subject: RE: 16th ave vacation
Thankyou for the response.
To clarify,you are looking for permission to access on the private road(1 6th Lane)which access off of Kahuna and
east of the proposed vacation area?
Thanks,
KAREN KENDAU_
Asststa&.t Ptawwer, commuwtt.DeveLopvu.ek t Departvumt
cttki of spoi2avte vaLlej
11707 East Sprague Avewue,Butte 106
spoleawe va[led, WA99206
509.720.5026 direct
509;921.1002 fax
www.SpohaweVall. .ore
cowtewts of this evvtatt awd awd replj are subject to pubLtc dtscLosure.
From: Coles,Tim [mailto:tcoles@spokanecity.org]
Sent: Monday,April 05, 2010 3:04 PM
To: Karen Kendall
Subject: 16th ave vacation
Hi Karen, we would like to see some language in the vacation ordinance that's says the City of Spokane has the right of
ingress and egress for the maintenance,operation and replacement of our existing sewer line.
Tim Coles
1
Karen Kendall
From: Hopkins, Leslie[LHopkins@spokanecounty.org]
Sent: Thursday,April 15,2010 3:17 PM
To: Karen Kendall
Subject: STV-01-10.doc
Attachments: STV-01-10.doc
•
1
SPOKANE REGIONAL HEALTH DISTRICT
ENVIRONMENTAL HEALTH DIVISION
INTEROFFICE MEMO
DATE: April 14,2010
TO: Karen Kendall,Assistant Planner,City of Spokane Valley Dept. of Community
Development
FROM: Donald Copley,EHS H-EHD, SRHD
SUBJECT: STV-01-10
The Spokane Regional Health District has no comment on this Request to Vacate.
Memo/STV-01-10/1h
CITY OF SPOKANE VALLEY
Request for Planning Commission Review
Meeting Date: May 13, 2010
Item: Check all that apply: [' consent ❑ old business ❑ new business
V public hearing ❑ information ❑ admin. report ❑ pending legislation
FILE NUMBER: CTA-02-10
AGENDA ITEM TITLE: Public Hearing —Amendment to Spokane Valley Municipal Code
DESCRIPTION OF PROPOSAL: A city initiated text amendment proposing amendments or
additions to Chapters 17.20 and 21.40, Section 21.30.020, and Appendix A of the Spokane
Valley Municipal Code (SVMC) to clarify developer's responsibilities, provide a reasonable use
exception for properties affected by critical areas, recognize the 2010 Flood Insurance Study as
the basis for establishing areas of special flood hazard, and modify the definition of"kennels".
GOVERNING LEGISLATION: SVMC 19.30.040 development regulation text amendments.
PREVIOUS ACTION TAKEN: Planning Commission conducted a study session on April 15,
2010.
BACKGROUND: Amendments to SVMC Chapters 17.20 and 21.40 are proposed as a result of
the WA Cities Insurance Authority 2009 Annual Review and Audit comments. During the review
the Auditor recommended that the critical areas ordinance be amended to include a reasonable
use provision to limit the city's land use liability exposure. The review also recommended that
the code contain language granting immunity to employees performing discretionary functions.
After discussion and review of the comments language has been drafted to address both
situations with additions to the code. The City Attorney will be present at the public hearing to
answer questions as to what types of situations the proposed liability language will address.
The amendment to the Kennel definition is an effort to make the City's "Kennel" definition
consistent with the County's "Kennel" definition. The amendment would reduce the number of
cats or dogs allowed in the city without a kennel license from 5 to 4. The Code discrepancy
was brought to the City's attention by Nancy Hill, Director of SCRAPS. The City contracts with
SCRAPS to provide animal control. The change in definition is being proposed in order to
facilitate uniform enforcement of laws and public policy by SCRAPS Enforcement Officers. Ms.
Hill clarified by email that the County's dog and cat threshold has been set for years, and that
when the City adopted their code in 2007, she was unaware of the discrepancy. The County
does not intend to change their code. She also commented that it would be detrimental in urban
neighborhoods to allow that many animals at a residence without a kennel license, and she did
not believe that residents would be impacted since SCRAPS has been enforcing the kennel
license requirement at a limit of 4 animals since incorporation regardless of the definition.
The purpose of the amendment to Section 21.30.020, Basis For Establishing Areas of Special
Flood Hazard, is to use the Federal Emergency Management Agency's (FEMA) July 6, 2010
Flood Insurance Study for Spokane County, Washington and Incorporated Areas, as the basis
for identifying the flood hazard areas. Revised Flood Insurance Rate Maps (FIRM) are a part of
the report. The revised Maps will become effective in July 2010. The code amendment allows
RPCA Public Hearing for CTA-02-10 1 of 2
the city to utilize the most current flood hazard information which corrects the identification of
certain flood hazard areas within the city. Draft language is attached for your review.
APPROVAL CRITERIA: Section 17.80.150(6) of the Spokane Valley Municipal Code provides
approval criteria for text amendments to the Spokane Valley Municipal Code. The criterion
stipulates that the proposed amendment(s) must be consistent with the applicable provisions of
the Comprehensive Plan and bear a substantial relation to the public health, safety, welfare, and
protection of the environment.
OPTIONS: Planning Commission may recommend approval as presented; recommend
approval of modified proposal, recommend the proposal not be adopted, or forward no
recommendation to City Council
STAFF CONTACT:
Lori Barlow, AICP, Associate Planner
ATTACHMENTS:
Draft Text Amendments
Staff Report and Planning Commission Findings
SEPA Determination
Agency Comments
RPCA Public Hearing for CTA-02-10 2 of 2
Chapter 21.40
CRITICAL AREAS
Sections:
21.40.010 Purpose.
21.40.020 Wetlands.
21.40.030 Fish and wildlife habitat conservation areas.
21.40.040 Adjustment of habitat buffer areas.
21.40.050 Geologically hazardous areas.
21.40.060 Critical aquifer recharge areas.
21.40.070 Reasonable use determination
21.40.070 Reasonable use determination.
A. The standards and regulations of this section are not intended, and shall not be construed or
applied in a manner, to deny all reasonable economic use of private property. If an applicant
demonstrates to the satisfaction of the City of Spokane Valley that strict application of the standards of
the ordinance would deny all reasonable use of their property, development may be permitted subject
to appropriate conditions, derived from this chapter, as determined by the Community Development
Director.
B. An applicant for relief from strict application of these standards shall demonstrate the following:
1. That no reasonable use with less impact on the critical area and buffer or setback is
feasible and reasonable; and
2. That there is no feasible and reasonable on-site alternative to the activities proposed,
considering possible changes in site layout, reductions in density and similar factors; and
3. That the proposed activities, as conditioned,will result in the minimum possible impacts
to critical area and buffer or setback; and
4. That all reasonable mitigation measures have been implemented or assured; and
5. That the inability to derive reasonable economic use is not the result of the applicant's
actions.
C. Decision.
The Director shall include findings on each of the evaluation criteria listed above in a written decision.
The written decision shall be mailed to the applicant and adjacent property owners, including property
owners across public rights of way or private easements. The written decision shall include conditions
necessary to serve the purposes of the ordinance.
D. Process.
A reasonable use determination is classified as a Type I permit and shall be processed pursuant to SVMC
17.80.070.
Exhibit 1—Draft CTA 02-10 Language
April 22, 2010
Page 1
Chapter 17.20
PURPOSE
Sections:
17.20.010 General.
17.20.020 Liability
17.20.010 General.
These regulations have been established in accordance with the Comprehensive Plan for the purpose of
promoting the health, safety, general welfare and protection of the environment of the City.They have
been designed to reduce traffic congestion; to reduce the threat of fire, panic and other dangers;to
provide adequate light and air; to prevent the overcrowding of land;to avoid undue concentration of
population; to facilitate the adequate provision of transportation,water, sewerage, schools, parks and
other public requirements;to safeguard community character; to encourage land uses in areas suitable
for particular uses; to conserve the value of property; and to encourage the most appropriate use of
land throughout the City. (Ord. 07-015 §4, 2007).
17.20.020 Liability
This title shall not be construed to relieve or lessen the responsibility of a person owning, building,
altering, constructing, or moving a building or structure, or developing a parcel or parcels of property as
defined in the Uniform Development Code, nor shall the city or an agent thereof be held as assuming
such liability by reason of inspection authorized in this title or a certificate of inspection issued by the
city or any of its agencies.
Exhibit 1—Draft CTA 02-10 Language
April 22, 2010
Page 2
Appendix A
DEFINITIONS
A. General Provisions.
1. For the purpose of this code, certain words and terms are herein defined.The word "shall" is always
mandatory.The word "may" is permissive, subject to the judgment of the person administering the
code.
2.Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary.
3.The present tense includes the future, and the future the present.
4.The singular number includes the plural and the plural the singular.
5. Use of male designations shall also include female.
B. Definitions.
Kennel:An establishment or place, other than an animal or veterinary hospital or clinic or animal
shelter,where five six or more dogs or five six or more cats, or any combination thereof, over six months
of age are housed, groomed, bred, boarded,trained or sold commercially or as pets.
Exhibit 1—Draft CTA 02-10 Language
April 22, 2010
Page 3
Chapter 21.30
FLOODPLAIN REGULATIONS
Sections:
21.30.010 Purpose and applicability.
21.30.020 Basis for establishing areas of special flood hazard.
21.30.030 Compliance and enforcement.
21.30.040 Abrogation and greater restrictions.
21.30.050 Interpretation.
21.30.060 Warning and disclaimer of liability.
21.30.070 Administration.
21.30.080 Variances.
21.30.090 Provisions for flood hazard reduction.
21.30.100 Additional requirements.
21.30.110 Critical facilities.
21.30.010 Purpose and applicability.
The provisions of this chapter shall apply to all areas of special flood hazards within the jurisdiction of
Spokane Valley,Washington, and shall be administered in conformance with the National Flood
Insurance Act, as amended (codified in 44 CFR 60) and "A Summary of NFIP Policy for Local Officials,"
FEMA Region 10 Mitigation Division,July 2001. (Ord.07-015 §4, 2007).
21.30.020 Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study Spokane County,Washington and Incorporated
Areas" dated May 17, 1988 July 06, 2O10, and any revisions thereto,with an accompanying Flood
Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to
be a part of this chapter.The Flood Insurance Study and the FIRM are on file at the office of the Spokane
Valley floodplain administrator. (Ord.07-015 §4, 2007).
Exhibit 1—Draft CTA 02-10 Language
April 22, 2010
Page 4
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
Spokane
STAFF REPORT AND RECOMMENDATION TO THE
jValley PLANNING COMMISSION
CTA-02-10 BATCH CODE TEXT AMENDMENTS
STAFF REPORT DATE:MAY 4,2010
HEARING DATE AND LOCATION: May 13, 2010, beginning at 6:00 p.m., Spokane Valley City Hall Council
Chambers, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206.
PROPOSAL DESCRIPTION: A city initiated text amendment to the Spokane Valley Municipal Code (SVMC) proposing
amendments or additions to Chapters 17.20 and 21.40 Section 21.30.020, and Appendix A to clarify developer's
responsibilities, provide a reasonable use exception for properties affected by critical areas, recognize the 2010 Flood
Insurance Study as the basis for establishing areas of special flood hazard,and modify the definition of the term"kennels".
This proposal is considered a non-project action under RCW 43.21C.
PROPOSAL LOCATION: The proposal affects the entire City of Spokane Valley,Washington.
APPLICANT: Community Development Department, City of Spokane Valley
APPROVAL CRITERIA: Title 17(General Provisions) and Title 21 (Environmental Controls)of the SVMC.
SUMMARY OF RECOMMENDATION: The Planning Division recommends that the Planning Commission approve the
proposed text amendment to the SVMC.
STAFF PLANNER: LORI BARLOW,AICP,Associate Planner, Community Development Department
ATTACHMENTS:
Exhibit 1: Draft Amendments
Exhibit 2: SEPA Determination
Exhibit 3: Agency Comments
BACKGROUND INFORMATION
A. APPLICATION PROCESSING
Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures
for the proposal.
Notice of Application Issue Date April 20,2010
Date of Published Notice of Public Hearing: April 23,2010
Issuance of an Optional Determination of Non-Significance(DNS): May 5, 2010
End of Appeal Period for DNS: May 19,2010
B. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA
Findings:
Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code (SVMC), the lead agency has
determined that this proposal does not have a probable significant adverse impact on the environment. An
Planning Commission Staff Report
CTA-02-10
Page 1 of 4
Environmental Impact Statement(EIS) is not required under RCW 43.21 C.030(2)(c). The Planning Division issued a
Determination of Non-Significance (DNS) on May 5, 2010 for the proposal. This decision was made after review of
a completed environmental checklist and other information on file with the lead agency.
Conclusion(s):
The procedural requirements of the State Environmental Policy Act and Title 21 of the SVMC have been fulfilled by
the submittal of the required SEPA Checklist, and the issuance of the City's threshold determination consisting of a
Determination of Non-Significance (DNS). No appeals have been received at the time of this report. The appeal
period will close May 19,2010.
C. FINDINGS AND CONCLUSIONS SPECIFIC TO THE CODE TEXT AMENDMENTS
1. COMPLIANCE WITH TITLE 17(GENERAL PROVISIONS)OF THE SPOKANE VALLEY MUNICIPAL CODE
Findings:
Section 17.80.150(F) of the Spokane Valley Municipal Code (SVMC) provides approval criteria that must be
considered when the City amends the SVMC. The criteria are listed below along with staff comments.
1. The proposed text amendments are consistent with the applicable provisions of the Comprehensive Plan;
Staff Response: The Washington State Growth Management Act (GMA) requires the City of Spokane
Valley to, "Protect the environments and enhance the state's high quality of life, including air and water
quality, and the availability of water." The Natural Environment Chapter of the Comprehensive Plan
provides the framework to regulate development in and near environmentally sensitive areas in order to
classify, designate and protect natural resource lands and critical areas. Critical areas include wetlands,
aquifers, fish and wildlife habitat conservation areas, frequently flooded areas and geologically hazardous
areas. Goals NEG-4 and NEG-6 stipulate that regulations shall protect the natural environment, contain
variance provisions including criteria for granting variances, and note that best available science shall be
used in the designation and protection of critical areas. Goal LUG-17 stipulates that that the City should
coordinate with Spokane County to ensure appropriate service provision. The City of Spokane Valley has
adopted goals and policies consistent with the GMA and adopted CWPP. The proposed text amendments
are consistent with the GMA and the City of Spokane Valley's Comprehensive Plan.
2. The proposed amendment bears a substantial relation to public health, safety,welfare, and protection of the
environment;
Staff Response: Adopting the 2010 Flood Insurance Rate Study will provide greater protection to
environment and public health since it is reflective of the current physical conditions. The reasonable use
determination process within the critical areas ordinance would require a review of relevant
issues/conditions to determine a solution that has the least possible impact on the critical area and insures
that mitigation measures are required, therefore providing for the protection of the environment while
balancing private property rights. Modifying the defmition of kennel directly relates to public health and
safety issues, since it enables the service provider to take enforcement action in the public interest.
Conclusion(s):
The proposed text amendment to the SVMC is consistent with the approval criteria contained in the SVMC.
IV. STAFF RECOMMENDATION
The Planning Division after review and consideration of the proposed text amendment and applicable approval
criteria recommends that the Planning Commission recommend approval of CTA-02-10.
Planning Commission Staff Report
CTA-02-10
Page 2 of 4
V. PLANNING COMMISSION FINDINGS
The Planning Commission is required to adopt findings of fact(Sections 17.80.140 & 17.80.150)when recommending
changes to the SVMC. At the conclusion of the hearing for the text amendment to the SVMC,the Planning
Commission,by separate motion, should adopt findings of fact.
Background:
A. The Spokane Valley Municipal Code was adopted in September 2007 and became effective on October 28,
2007.
B. The city has completed numerous code text amendments to correct errors, clarifications, omissions,and
address evolving issues.
C. The Washington Cities Insurance Authority conducts an annual Risk Assessment Audit. The 2009 Audit
focused on Land Use Exposures. The Auditor suggested that the critical areas ordinance provide a
reasonable use exemption in order to avoid a takings situation, and also suggested that the code contain
"qualified immunity language to reference the grant of immunity under federal law for employees
performing discretionary functions." A review of the comments resulted in staff proposing a reasonable
exemption process and liability language.
D. In the course of the annual review of the interlocal agreement for animal control Nancy Hill,Director of the
Spokane County Regional Animal Protection Services(SCRAPS), identified a discrepancy between the
County regulations and the City's definition of"kennel". It was requested at that time that the definitions be
consistent for enforcement purposes.
E. After a multi-year long process the Federal Insurance Rate Maps have been officially adopted by the Federal
Emergency Management Agency. The 2010 Flood Insurance Study for Spokane County and Incorporated
Areas will be effective on July 6,2010. The City's flood plain regulations currently reference the 1988
study as the basis for identifying flood hazard areas. In order to utilize the 2010 report,the code must be
changed.
F. The Planning Commission conducted a study session on April 22, 2010. Additional information was
requested to explain what type of situations would the liability language address, explain why the county was
not considering modifying the number of cats or dogs that would require a property owner to obtain a kennel
license, and address what would happen to households that would be required to obtain a kennel license if
the kennel definition reduced the number of animals allowed.
a. Nancy Hill, SCRAPS Director was contacted and provided additional information regarding the
request by email. As a summary of her comments she noted that the County's regulations have been
"set for many years,"and that she was unaware that Spokane Valley had adopted a code with a
different threshold. She noted it was important that the City and County codes match for uniform
enforcement of laws and public policy. (See attached email). She also requested that the kennel
definition be broken out to address a private kennel versus a commercial kennel. The Commission
may wish to consider her request, although further definition of the term would not change the
trigger point of when a kennel license would be required.
b. Based on staff discussions non-conforming use provisions may apply to households with animals
above the threshold. However, it may be extremely difficult in some cases to provide evidence of a
pre-existing ownership. The City attorney will be present to answer questions regarding this issue.
c. The City attorney will be present to answer questions regarding the application of the liability
language.
Findings: Staff has prepared the following findings for the Planning Commission in the event there is concurrence
with the recommended approval.
1. The Planning Commission finds the proposed text amendment to be consistent with the applicable
provisions of the Growth Management Act, Countywide Planning Policies (CWPP) and the City's
Comprehensive Plan;
Planning Commission Staff Report
CTA-02-1 0
Page 3 of 4
GMA Policies
a. The Washington State Growth Management Act(GMA) provides the following guidance applicable to
the Environment and Property Rights:
i. Protect the environment and enhance the state's high quality of life, including air and water
quality and the availability of water.
ii. Private property shall not be taken for public use without just compensation having been made.
The property rights of landowners shall be protected from arbitrary and discriminatory actions
pursuant to state and federal law.
b. The County Wide Planning Policies provide the following guidance applicable to the Environment and
services:
i. Policy Topic 3 —Promotion of contiguous and Orderly Development and Provisions of Urban
Services. —Policy 5 All jurisdictions shall coordinate plans that classify, designate and protect
natural resource lands and critical areas.
City of Spokane Valley Goals and Policies
c. The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted
CWPP.
i. Goal NEG-4 Regulations developed by Spokane Valley will not result in or constitute a
taking of private property and shall be evaluated as provided for in the Growth Management
Act. Regulations to protect the natural environment shall contain variance provisions
including criteria for granting variances, and recognize legal nonconforming rights for existing
land uses and activities.
ii. Goal NEG-6 Best available science (BAS) will be used in the designation and protection of
critical areas.
2. The Planning Commission finds the proposed text amendment to bear a substantial relation to public
health,safety, welfare, and protection of the environment;
Supporting Statements
a. The proposed text amendment to the floodplain regulations will provide better protection for the
environment and public safety by incorporating the most recent scientific information contained
within the 2010 Flood Insurance Study for Spokane County and Incorporated areas into the Municipal
Code.
b. The proposed text amendment to the critical areas ordinance provides for public welfare and
protection of the environment by establishing a process for a reasonable use determination to be
considered when the implementation of the regulations would render the property undevelopable
while insuring that all reasonable mitigation measures are utilized, and that the use is the least
impacting use available.
c. The proposed text amendment to modify the term "kennel" within the definitions provides for the
public welfare and safety by enabling the animal control enforcement officers to uniformly enforce
standards within the City of Spokane Valley and Spokane County to insure that adequate provisions
are made by animal owners when 5 or more cats or dogs are kept at a residence.
d. The proposed text amendment to the general purpose section is proposed to eliminate confusion by
clarifying the developer's responsibility in regards to all development.
Recommended Motion: The Planning Commission adopts the findings in the staff report and recommends approval
of CTA-02-10, batch code text amendments that modify the floodplain regulations, critical areas regulations,
Appendix A—Definitions and the General Provisions section of the Spokane Valley Municipal Code.
Planning Commission Staff Report
CTA-02-1 0
Page 4 of 4
L 4'IMUNITY DEVELOPMENT DEPAIi. TENT
S` a PLANNING DIVISION
I1ey 11707 E Sprague Ave Suite 106;Spokane Valley WA 99206
509.921.1000 • Fax:509.921.1008 • cityh al lesp okanevalley.org
DETERMINATION OF NONSIGNIFICANCE(DNS)
FILE NUMBER: CTA-02-10
DESCRIPTION OF PROPOSAL: Zoning code text amendments to the following sections of the Spokane Valley
Municipal Code: 1) Title 17, General Provisions - include liability language; 2) Section Title 21.40, Critical
Areas Regulations—identify process and criteria to allow a reasonable use exception for private property owners
affected by on-site critical areas; 3) Section 21.30 Floodplain Regulations—revise the text to reference the July
6, 2010 Flood Insurance Study for Spokane County as the basis for establishing areas of special flood hazard
areas; and 4) Appendix A—Definitions—modify the definition of the term"kennel".
APPLICANT: City of Spokane Valley
LOCATION OF PROPOSAL: City of Spokane Valley,Washington
LEAD AGENCY: City of Spokane Valley Community Development Department,Planning Division
DETERMINATION: Pursuant to Title 21 (Environmental Controls) of the City of Spokane Valley Municipal
Code, the lead agency has determined that this proposal does not have a probable significant adverse impact on
the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c).
This decision was made after review of a completed environmental checklist and other information on file with
the lead agency. This information is available to the public on request.
This DNS is issued pursuant to WAC 197-11-340(2). There is no comment period for this DNS.
RESPONSIBLE OFFICIAL: STAFF CONTACT:
Kathy McClung, Community Development Director Lori Barlow,Associate Planner
Community Development Department Community Development Department
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley,WA 99206 Spokane Valley,WA 99206
PH: (509)720-5300/FX: (509) 921-1008 PH: (509)720-5335/FX: (509)921-1008
kmcclun (u�snokanevalley.or g lbarlow@spokanevalley.org
DATE ISSUED: May 5,2010 SIGNATURE: 0:44-4,
/11
7‹
APPEAL: An appeal of this determination must be submitted to the Commu ' Development Department
within fourteen (14) calendar days after the date issued. This appeal must be written and make specific factual
objections to the City's threshold determination. Appeals shall be conducted in conformance with Section
11.10.170 (Appeals) of the City's Environmental Ordinance, and the required fees pursuant to the City's
adopted Fee Schedule shall be paid at time of appeal submittal. Pursuant to Section 11.10.170.3 of the City's
Interim Environmental Ordinance, appeals shall be limited to a review of a final threshold determination.
Lori Barlow
From: Hill, Nancy[NHill@spokanecounty.org]
Sent: Tuesday,April 27,2010 11:39 AM
To: Lori Barlow
Cc: Cary Driskell
Subject: RE: CTA-02-10 Amendments to Spokane Valley Municipal Code
Lori,
1. The county limit has been set for many years-coordinating language between Spokane County Code pertaining to
animals and the zoning regulations. The county does not intend to change it for the very reasons I will list in item#2.
2. The county limits have been the same for many years. When the Spokane Valley incorporated SCRAPS had no idea
that the Spokane Valley had sent the limit of 6 so we have been enforcing 4. There should be no impact to SV residents
unless they are very informed about the zoning code. Allowing 5 dogs and/or 5 cats at a residence is a lot of animals.
Many neighborhoods struggle with the concept that 4 are allowed. I think it would be detrimental to urban living to
allow that many animals at one residence without a kennel license. It is very important that SV code match Spokane
County code for uniform enforcement of laws and public policy.
Additionally,you are correct that it is not just the number of animals but the purpose for those animals-whether or not
it is private or commercial. Animal Protection Officers determine that through investigation. Again, I hate to have the
numbers vary between jurisdictions when we are working towards a regional approach for animal control.
Please let me know if you have any additional questions. I will be out of the office this afternoon but available for a
phone conversation In the morning if you like.
Thanks-Nancy
From: Lori Barlow [mailto:lbarlow@spokanevalley.org]
Sent:Tuesday,April 27, 2010 11:21 AM
To: Hill, Nancy
Subject: RE: CTA-02-10 Amendments to Spokane Valley Municipal Code
Hi Nancy,
Thank you for your comments. Last Thursday this Information went to the Planning Commission as a study
session item. This is the normal process where the Commission gets an opportunity to informally discuss the
information,ask questions, request additional information,etc. prior to conducting the public hearing and
taking action. At that meeting they had the following concerns/questions:
1. In regards to the private kennel definition,why doesn't the county raise the limit up to 6 or more
animals to be consistent with our definition?
2. How will the change in definitions affect those persons in the City of Spokane Valley who currently have
5 cats or dogs,and are currently not required to have a kennel license?
Now that I have read your email I am wondering if the number of animals that trigger a kennel license is as
important as distinguishing the difference between private and commercial kennels through a definition. Is
it an Issue for your officers to distinguish between jurisdictions to determine the animal threshold trigger for
a kennel?
1
Feel free to give me a call if you would like rather than emailing. I look forward to working with you on this
amendment.
Lori Barlow, AICP
City of Spokane Valley
(509)720-5335
From: Hill, Nancy [mailto:NHIll@spokanecounty.org]
Sent:Tuesday,April 27, 2010 10:21 AM
To: Lori Barlow
Cc: Cary Driskell
Subject: CTA-02-10 Amendments to Spokane Valley Municipal Code
Importance: High
Good morning,
I am in receipt of your request for review regarding changes to the Spokane Valley Municipal Code and would like to submit
the following comments:
Appendix A
Definitions
Page 3 of the document-Exhibit 1
This adds to your definition of a kennel. I respectfully request that you break out the kennel definition into private and
commercial to match Spokane County Code which the City of Spokane Valley has adopted and SCRAPS enforces.
Spokane County Code 5.04.020 (7) "Commercial kennel" means a place where five (5) or
more dogs (over 6 months of age) and/or five (5) or more cats (over 6 months of age), irrespective of
duration, are boarded, bred, bought, sold, exhibited or trained for compensation, but not including a
pet shop, animal shelter or veterinary clinic/hospital where boarding is incidental to treatment. If
more than eight (8) dogs (over 6 months of age) and/or ten (10) cats (over 6 months of age) are kept
then such establishment shall be deemed a "commercial kennel,"regardless of whether the owner or
keeper receives compensation.
Spokane County Code 5.04.020 (20) "Private kennel" means a place, other than an animal
shelter, where five (5) to eight(8) dogs (over 6 months of age) and/or five (5) to ten (10) cats (over six
months of age) are kept for personal or noncommercial purposes. If more than eight dogs (over 6
months of age) and/or ten (10) cats (over six months of age) are kept at a private kennel, then such
establishment shall be deemed a "commercial kennel," regardless of whether the owner or keeper
receives compensation.
Anything less than adopting the definitions of private and commercial kennel will cause conflict with any
enforcement/kennel licensing issues. It is essential that your codes match the animal ordinance.
Please let me know If you have any questions. Thank you for the opportunity to comment.
Nancy Hill
Animal Protection Director
SCRAPS-Spokane County Regional Animal Protection Service
2521 N Flora Road
Spokane Valley,WA 99216
Desk: 509.477.1967
Fax: 509.477.4745
2
Email: nhili@spokanecounty.org
Website: www.spokanecounty.orq/scraps
"Building a more humane community, protecting public safety and ensuring animal welfare through
compassionate, responsive, professional enforcement of laws and public policy."
Protecting People-Protecting Pets-Saving Lives
3