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Agenda 07/10/2008 SPOKANE VALLEY PLANNING COMMISSION AGENDA COUNCIL CHAMBERS -CITY HALL 11707 E.SPRAGUE AVENUE JULY 10, 2008 6:00 TO 9:00 PM I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS NEW BUSINESS: PUBLIC HEARING STV-01-08, 140 FEET OF ALLEYWAY LOCATED 145 FEET NORTH OF TRENT AND AVALON. STUDY SESSION UDC CODE AMENDMENT OF HEIGHT RESTRICTIONS IN NON-RESIDENTIAL ZONES X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF IAN ROBERTSON, CHAIR KATHY MCCLUNG, CD DIRECTOR FRED BEAULAC, VICE-CHAIR GREG MCCORMICK, PLANNING MGR,AICP JOHN G. CARROLL SCOTT KUHTA, LONG RANGE PLANNER, AICP CRAIG EGGLESTON MIKE BASINGER, SENIOR PLANNER, AICP GAIL KOGLE CARY DRISKELL, DEPUTY CITY ATTORNEY MARCIA SANDS DEANNA GRIFFITH, ADMIN ART SHARPE WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: July 10,2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑public hearing ® information ❑ admin. report n pending legislation AGENDA ITEM TITLE: Public Hearing. STV-01-08 —Request to vacate approximately 140 feet in length of the alleyway located approximately 145 north of the intersection Trent Avenue and Avalon Road. PREVIOUS ACTION TAKEN: City Council adopted Resolution No. 08-012 on June 10, 2008, setting the date for a public hearing. 1.0305 0 140 3 341.44 A �n u v 1 1.0306 I co 4 e O up 140.04 ____ /�� n 4/.441 o �^ R -C 6 1.0309 a °~'i 5 1 1.0307 1.0308 7 d 54 4 5 5� $ A• 5' 45 4 Trent Avenue 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. Please reference map above. 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 recommend denial. RECOMMENDATION: Approval with conditions STAFF CONTACT: Christina J. Janssen-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 2007 Aerial Map Exhibit 4: Street vacation application,written narrative and letters from utilities purveyors Exhibit 5: Current comments from Staff and Agencies 8Wane 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: a. Sewer: No sewer services located in alley per Spokane County Utilities letter dated May 9, 2008. b. Water: No water utilities located in alley per Trentwood Irrigation District letter dated May 8,2008. c. Telephone/Fiber Optics:No communication utilities located in alley per Qwest letter dated May 9, 2008. d. Gas and Electricity:No utilities located in alley per Avista Utilities letter dated May 9,2008. e. 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 finds that there may be an access issue off of Trent Avenue. They will offer further comment at the Public Hearing. 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. FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION July 10,2008 The following findings have been prepared by Staff for the Planning Commission in the event there is concurrence with the recommended approval. Background: 1. A completed application for vacation was filed on May 12,2008. 2. City Council adopted Resolution No. 08-012 on June 10,2008 setting the date for a public hearing. 3. The Planning Commission held a public hearing on July 10,2008. 4. 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. 5. 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 change of use or 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. 45031.0306,46031.0307,46031.0308,& 45031.0309) 7. Utilities: a. Sewer: No sewer services located in alley per Spokane County Utilities letter dated May 9,2008. b. Water: No water utilities located in alley per Trentwood Irrigation District letter dated May 8,2008. c. Telephone/Fiber Optics:No communication utilities located in alley per Qwest letter dated May 9, 2008. d. Gas and Electricity:No utilities located in alley per Avista Utilities letter dated May 9,2008. e. 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 finds that there may be an access issue off of Trent Avenue. They will offer further comment at the Public Hearing. 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. Recommendations: The Spokane Valley Planning Commission therefore recommends approval to the City Council of 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. This approval is subject to the following: 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, 'h 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 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. Approved this 10th day of July,2008 Ian Robertson,Chairman ATTEST Deanna Griffith,Administrative Assistant 2007Aerial Photo T r • .0111 . 11 lige 4 _19�r � mJ A1 _I A.. "I relG fir 'a • 1 r I, J9 1 t r - _ ' _'.� y Y Li ....r II_ Apt Pr -i .V � t 111 -... '• tail; 4 City of S:::."-.:17,2 Ir w z, ' ur iI de " 1 . , . 111 M I 4~ I t .a 1 .r , p.. r s r ,ter-- le .. ,. .1-1 06/27/2008 FRI 17:43 . FAXa 001/001 a 0AQ 5Q FIRE tik.gD. DEPARTMENT __ 10319 EAST SPRAGUE AVE.r SPOKANE VALLEY,WA 99206 3627•(609)928.1700•FAX(609)892-4126 'www.spokenevaileyiire.com • Mike Thompson • • Chief • • i June 27, 2008 • • Christina Janssen City of Spokane Valley - 11707 E.Sprague Ave.Suite 106 • . Spokane Valley,WA 99206 RE; .STV-01-08 . • 4201 N.Avalon . Dear Ms,Janssen: The Spokane Valley Fire Department has no objections for STV-01-08. • - . Sincerely, ‘'''' iteip..) 14.11.i.i.a, wj. • . Rick Freler • . Fire inspector • RF/pla • • JUN 27 2008 16141 PRGE.01 904N.Columbus - Spokane,WA 99202 • - RECEIVE® Qwest. Spirit of Service" • JuN 1 7 2008 ryENYFA of June 16, 2008 COM UNITY EVELOPMENT City of Spokane Valley 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 • . Attn: Christina Janssen Re: STV-01-08 Dear Christina: Qwest has cable facilities in the right-of-way and would like to retain utility easement rights. These rights should provide for maintenance, construction, and reconstruction as needed. If we haven't heard from you within 10 days, we will assume you have added our easement to the property and have informed the future property owners. If you have any questions or concerns, please call me at 509 455-2314. Sincerely, ///, ,,dreliAi GN ` Kelly Lackner Sr. Design Engineer SPOKANE REGIONAL HEALTH DISTRICT ENVIRONMENTAL HEALTH DIVISION INTEROFFICE MEMO DATE: June 10,2008 TO: Christina Janssen,Assistant Planner,City of Spokane Valley Department of Community Development FROM: Donald Copley-EHSII,SRHD SUBJECT: STV-1-08 (Schneider) The Health District has no comment on this request to vacate the alleyway, Page 1 of 1 • Christina Janssen From: Mary Kate Martin Sent: Tuesday,June 17, 2008 4:20 PM To: Christina Janssen Subject; SW-01-08 Attachments: Mary Kate Martin.vcf No comment from building. Mary Kate Martin Building Official,Spokane Valley 11703 E. Sprague Ave.,Suite B-3 Spokane Valley,WA 99206 e-mall: mmarfin@spokaneylley,r9 phone: 509-688-0024 6/23/2008 V (Fa St.ff Use Only) SpO rie �� DATE SUBMITTED: _ k RECEIVED BY: L 1 Valley. AIL 5 2,''TILE NUMBER: CTA o s `o • 1. CITY OF SPOKANE VALLEY Permit Center Pius#: .):00 11703 East Sprague Avenue, Suite B-3 �y Spokane Valley, WA 99206 DEPARTMEN• O Tel: (509) 688-0197 COMMUNITY DEV Fax: (509) 688-0037 planningPspokanevalley.orq SVMC TEXT AMENDMENT APPLICATION PART I-APPLICATION INFORMATION APPLICANT: STANLEY R.SCHULTZ FOR WOLFF ENTERPRISES,LLC MAILING ADDRESS:425 S.ALPINE DR. CITY:Liberty Lake STATE:Washington ZIP: 99019 EMAIL:STAN@CCSER.COM PHONE:(HOME/WORK)509 255 9565 (FAx)509 255 9656 (cELL)509 979 4637 Please circle one PART II-REQUESTED PROPOSAL SVMC TITLE,CHAPTER,SECTION:SVMC 19.60.010 EXPLAIN REASON FOR THE PROPOSED AMENDMENT(ATTACH EXTRA SHEETS IF NECESSARY): ADD A NEW SUBSECTION TO SVMC 19.60.010 TO PROVIDE FOR APPROVAL OF CERTAIN ACCESSORY STRUCTURES WHICH MAY EXCEED THE HEIGHT LIMITS IN THE COMMERCIAL,OFFICE,MIXED USE AND INDUSTRIAL ZONES. THIS NEW SECTION WOULD MIRROR A SIMILAR PROVISION IN SVMC 19.40.010(B)DEALING WITH RESIDENTIAL ZONES. PLEASE SEE ATTACHED FOR PROPOSED TEXT OF NEW SECTION SVMC 19.60.010(E)TOGETHER WITH EXPLANATION. ' f r SIGNATURE OF APPLICANT: / y4 /i.J\ DATE: Cri"` ?OD-c9687- UertpLLC, PART III—PROCEDURES Staff Review and Report. Spokane Valley Planning Staff will review all applications and will prepare a report and recommendation to the Spokane Valley Planning Commission. The report will analyze how each proposed amendment will affect the code as it is currently written and the impact to the future of the City. All application documents and staff reports will be available for public review. Planning Commission Public Hearing. The Spokane Valley Planning Commission will conduct a formal public hearing on all proposed amendments. The Commission will consider amendments individually. The Commission will prepare a recommendation to the Spokane Valley City Council, including findings on each individual proposed amendment. City Council Review and Decision. Within 60-days of receipt of the Planning Commission's recommendation, City Council may choose to adopt the individual amendments as recommended by the Planning Commission,disapprove the amendments,or modify and adopt the proposal.If the Council chooses to substantially modify a proposal,they must either conduct a public hearing or refer the proposal back to the Planning Commission for further consideration. Staff Contact. Questions may be directed to the Planner-on-Duty at(509)688-0197. Proposed SVMC 19.60.010(el The following structures may be erected above the height limits of this Code in the Office, Commercial,Mixed Use and Industrial Zones,provided: (A)The structure is accessory to or part of building which is a permitted use in the zone;(B)The structure complies with the height limits in the Airport Overlay zone;and(C)No residential use of the structure shall occur above the height limits prescribed in the zone. 1. Penthouses or roof structures for the housing of elevators, stairways,tanks,ventilating fans,or similar equipment to operate and maintain a building. 2. Fire or parapet walls,skylights,flagpoles,chimneys, church steeples,belfries,wireless masts,and similar structures. 3. Schools and Institutional structures. 4. Structures such as silos,feed mills,batch plants,and fixed cranes which are used in a manufacturing process which utilizes vertical processing and storage of materials. 5. Water stand pipes and tanks. Explanation. SVMC 19.40.010(b)provides that in the Residential Zones,the height limits do not apply to certain specialized structures such as flagpoles,church steeples, schools,etc. This section recognizes that there are portions of structures which should not be governed by the height limits for typical buildings. For example,water stand pipes need to be higher that the surrounding terrain and structures in order to provide necessary water pressure. Similarly portions of a school,such as the gymnasium need to be higher structures. Although SVMC 19.40.010(b) provides an exemption from height limits for these types of structures,there is no companion provision for the Commercial, Office,Mixed Use and Industrial Zones. The proposed SVMC 19.60.010(e) set forth above provides the same regulatory exemption for height limits in the Commercial, Office,Mixed Use and Industrial Zones that SVMC 19.40.010(b)provides in the Residential Zones. In addition,the proposed new section deals with structures common to industrial uses which are used for the vertical processing and storage of materials used in a manufacturing process such as silos,feed mills,batch plants, and fixed cranes. These structures,like a water stand pipe,must be higher than the structures they serve. The proposed new section requires these exempt structures to be attached or accessory to a permitted use and these structures are required to comply with the height limits and lighting requirements of the Airport Overlay Zone. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: July 10, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑old business ❑ new business ❑ public hearing information ❑admin. report ❑ pending legislation AGENDA ITEM TITLE: Study Session and Public Hearing to amend Spokane Valley Municipal Code by permitting certain accessory structures to exceed the height limits in the Commercial, Office, Mixed Use and Industrial Zones. GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63.220 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: On May 5, 2008, Mr. Schultz, on behalf of Wolff Enterprises, LLC, applied for a code amendment to allow certain accessory structures to exceed the height limits in the City's Commercial, Office, Mixed Use and Industrial zones. A similar provision is already in place in the City's Residential areas. ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria that amendments of the Spokane Valley Municipal Code must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan. 2. The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: In its Land Use Goals, the Comprehensive Plan calls for a wide array of industries, as well as a variety of housing, retail, and other services. The Economic Goals include provisions that allow for a flexible regulatory environment. The majority of the items proposed herein are directly related to commercial or industrial development. Thriving industrial areas are an important component of the city's economy. The types of businesses that would utilize this exception are also the type of business that provide living wage jobs. In many cases, heights which exceed the current minimum are required for the proper function of such industries. In other circumstances, items that exceed the height limits are traditional architectural items such as church steeples or flagpoles. Items such as parapet walls provide buffering for rooftop mounted equipment. Allowing exceptions to the height requirement provides a certain measure of flexibility for developers, while still meeting the intent of the plan overall. OPTIONS: Review and recommend approval or non-approval as drafted or amended. RECOMMENDED ACTION OR MOTION: Staffs opinion is that the proposed amendment meets the above noted criteria and recommend that the Planning Commission conduct a public hearing and forward a recommendation to amend the Municipal Code by permitting certain accessory structures to exceed the height requirement in the commercial, office, mixed use and industrial zones. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Christina Janssen-Assistant Planner ATTACHMENTS: (1)Amended Text 19.60.010, 19.70.010, & 19.70.020 (2) Text Amendment Application a„ukCITY OF SPOKANF•`rALLEY Permit Center -or Staff Use Only) Spoane / Valley 11703 East Sprague Avenue,Suite B-3 DATE SUBMITTED: '11.15<6 RECEIVED BY: TS Spokane Valley, WA 99206 FILE NO./NAME: !._- 1 -0'6 Tel: (509) 688-0197 Fax: (509) 6 • COIVSD • planningPspokaneva rey.ora 3C7'-�!� CURRENT PLANNING FEE: MAY I '006 ENGINEERING FEE: SPOKANE VAJL :Y DEPAHIMENr F COM f•AUNI I Y DLvELOPMEN1 STREET VACATION APPLICATION(SVMC 22.140) PART I-APPLICATION INFORMATION PROJECT INFORMATION: .0307 Name of Public Street Proposed for Vacation: Alley between parcel #'s 4 011 _0 3 n 6 and.J0 3 08 Section/Township/Range of Public Street Proposed for Vacation: 30, 2 5 N, 4 4 E.W.M. .0 309 Area(Square Feet)of Public Street to be Vacated: 2240' • Dimensions of Public Street to be Vacated: 16wide 140' long deep Street Address/Tax Parcel No of Abutting Property#1: 45 031 .030 6 Street Address/Tax Parcel No of Abutting Property#2:45031 .0 30 7, 45031 .0308, 4 5 0 31 .0 309 Zoning Designation of Abutting Property#1: CMU Zoning Designation of Abutting Property#2: CMU Previous Land Use Action,If Applicable(state Project File No.&Name: Smiley's Sub Division APPLICANT/OWNER INFORMATION*: PIease 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 OWNER No.1: APPLICANT NAME: Alan L, S o h n r�i d r • MAILING ADDRESS: P.O. Box 25327 CITY: Yuma STATE: AZ ZIP: 85367 PHONE:(HOME/WORK)928-345-2724(FAX) (CELL) 928-502-1416 Petitiofi elgckepresentative: Peter S. Schweda, Attorney, Waldo, Schweda & Montgomery, P.S. 2206 N. Pines Rd, Spokane, WA 99206 509-924- *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, if there is more than one (1) property owner abutting the public street or alley proposed for vacation, each property owner shall be required to sign the street vacation application. Effective October 28,2007 Page 2 of 5 P:\Community DevelopmentiForms\Current Planning Application forms'Strt Vac App Submittal Chklist eff 10-28-07.doc ri ABUTTING PROPERTY OWNER N0.2: • Alan L. Schneider , (print name) SWEAR OR AFFIRM THAT THE ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE. I FURTHER SWEAR OR AFFIRM THAT I AM THE OWNER OF RECORD OF THE AREA PROPOSED FOR THE ABOVE-IDENTIFIED LAND USE ACTION, OR, IF NOT THE OWNER, ATTACHED HEREWITH IS WRITTEN PERMISSION FROM THF. OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF, ADDRESS: P.0. Box 25327 - PHONE: Yuma AZ ZIP: 85367 (City) (State) P/;1 (Signature) (Date) NOTARY (For Part II above) STATE OF WASHINGTON ) ss: COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this day of G(-C ,20 E NOTARY SEAL NOTARY SIGNATURE Notary Public in and for the State of Washington • Residing at: . 0tn.3-- �g My appointment expires: CA 6'/6? • "co. 40"Priks-N 11f • Effective October 28,2007 Page S of 5 P:\Community Development\Forms\Current Planning Application forms\Strt Vac App Submittal Chklist eff 10-28-07,doc PART II-LEGAL GAL OJVNER SIGNATURE • • 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. ABUTTING PROPERTY O WNER NO.1: • I, Alan L, Schneider , (print name) SWEAR OR AFFIRM THAT THE ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE. I FURTHER SWEAR OR AFFIRM THAT I AM THE OWNER OF RECORD OF THE AREA PROPOSED FOR THE ABOVE-IDENTIFIED LAND USE ACTION, OR, IF NOT THE OWNER, ATTACHED HEREWITH IS WRITTEN PERMISSION FROM THE OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF. ADDRESS: P.O. Box 25327 PHONE: Yuma AZ ZIP: 85367 (City) (State) (Signature) (Date) NOTARY (For Part II above) STATE OF WASHINGTON ) ss; COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this C7 day of I( ,20 D NOTARY SEAL• NOTARY SIGNATURE fj.5spN 114' :01. . Notary Public in and for the State of Washington -io 6 li 14,14 gghRY +�,"" .II, Residing at: /41Z5-0Q-es--0 f. err �`4, , My appointment expires: 1/ e /d •Effective October 28,2007 Page 4 of 5 P:1Community Development'Forms\Current Planning Application forms\Strt Vac App Submittal Cbklist eff 10-28-07.doc r' • WRITTEN NARRATIVE DESCRIBING THE REASONS FOR THE PROPOSED ALLEY VACATION, THE PHYSICAL LIMITS OF THE PROPOSED ALLEY VACATION AND THE PUBLIC BENEFIT OF THE PROPOSED STREET VACATION Petitioner is requesting that the City vacate a short alley that cuts through the abutting properties which are all owned by Petitioner. The alley is small: It is 16 feet wide and 140 feet long. It starts from Avalon Road on the east,goes west 140 feet where it dead ends to the back of the Knotty Pine Apartments. The alley does not serve nor has it ever served the Knotty Pine Apartments. There is no ingress or egress possible from the back of the Knotty Pine Apartments nor would this be a practical way to.go in or out of the apartments because they are constructed facing away from the alley. As far as your Petitioner is aware,the alley has never served as an alley. There has never been an area that appeared to be an alley. The alley area has always been used • by the abutting property owners as if it was part of their properties. Petitioner's reason to propose the vacation is to make his property more usesable without an alley bisecting it. The benefit to the public would be to eliminate an alley that does not exist from maps and surveys that show it exists,thereby reducing any confusion. Vacation would also eliminate public costs of maintaining and repairing a dirt alley. There is an existing dirt alley immediately to the east of Avalon Road which is presently in need of maintenance and repairs. The alley to be vacated and the abutting properties do not serve any utilities as easements,either of record or apparent by visual inspection. An accompanying Commitment for Title Insurance verifies there are no recorded utility easements. 1 PART H EVALUATION CRITERIA 1. HOW DOES A CHANGE OF USE OF THE ALLY IMPROVE SERVICES TO THE PUBLIC? Vacation of the alley will not improve service to the public. The alley has never been used as an alley. When the Petitioner purchased the property an old garage that had been built many years before was in the alley area. The garage was torn down because of its dilapidated condition. The Petitioner was not aware of the alley until recently. The Petitioner owns alt of the property abutting the alley on both sides. The alley has never been used as an alley but used by abutting property owners as if no alley existed. 2. IS THE ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR ACCESS? As stated above,the alley has never been used as an alley. It has never served a public use or for public access. It is not required for public use or access. If the alley physically existed,it would only serve the abutting property owned by your Petitioner. To the west of the alley there is located the Knotty Pine Apartments,which consists of a number of small,one floor structures that hold one or two apartments each. The apartments face west with no doors on the east side of the structures. Therefore,the alley,if it physically existed,would dead end into the rear of the apartment structures but would not be accessible to the apartments because of the way the apartments are constructed in close proximity to each other and there being no doors on that side of the apartment structures. If the Knotty Pine Apartments were to be reconstructed,the alley could provide access to Avalon Road. However,the apartments now have sufficient public access from.Trent Road, which is a five lane road(with center turning lane)at this location. No other parcel could be served by the alley. 3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT- OF—WAY BETTER SERVE THE PUBLIC? No,the alley was never used. The public is adequately served by existing roads in the vicinity. Therefore,the alley is not needed to serve the public. • 4. HOW WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE EFFECTED BY FUTURE CONDITIONS? . Presently the area generally consists of typical city size lots that have direct access to a public street. Future use or need will not exist since all properties have direct access to public streets. 2 • 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)? • There are no easements for underground and overhead utilities. Attached is a Commitment for Title Insurance which demonstrates that the property does not serve as an easement for any utilities. There are no easements of record and no utility apparatus is visible in the alley. Visual inspection of the property demonstrates that electrical poles and lines lie west of the alley and abutting parcels, These poles,it is believed,also provide cable television lines and phone lines. An underground telephone service from Qwest is located outside the southwest corner of Abutting Property Number 2. There is no public sewer in the vicinity. The area is served by private on-site septic systems. If public sewers were to be installed,the alley would not be needed to serve adjoining properties to sewer service. The vacation is located in the service area for the following utilities: Qwest(telephone); Comcast(cable);Avista(electric);Trentwood Irrigation District(water);Fire Protection District No. 1 (fire district). There is no gas or sewer utility in the area. 6. PETITIONER HAS CONTACTED THE FOLLOWING UTILITIES/AGENCIES WITH THIS PROPOSAL FORT H N;IR CONCURRANCE. The Petitioner has contacted utilities or agencies for their concurrence and letters are submitted with this Petition. 7. DOES THE RIGHT-OF-WAY INCLUDE STORM WATER DRAINAGE FACILITIES (SPECIFY)? No,the alley does not exist. The abutting properties owned by Petitioner have existing dry wells which serve for storm water drainage. 3 /,fid rumm, -viiivkaktf-dr.. uNtrY UTILITIES DIVISION N. BRUCE RAWLS, P.E., DIRECTOR A DIVISION OP THE PUBLIC WORKS DEPARTMENT May 9, 2008 City of Spokane Valley Planning Department . 11707 E. Sprague Avenue Spokane Valley,WA. 99206 RE: Alley Located Adjacent to Parcel No. 45031.0306, 4201 N. Avalon Road • To whom it may concern: Spokane County Division of Utilities has no objections to the vacation of the alley located immediately south of Parcel No. 45031.0306, site address 4201 N.Avalon Road. We have no existing sewer lines within the alley, and no plans to install sewer lines within this alley. Sincerely, �� Kevin R. Doke, P.E. Sewer Planning and Design Manager C: Mr. Alan Schneider . 1026 WEST BROADWAY AVENUE, 4TH FLOOR 0 SPOKANE,WA 99260-0430 PHONE: (509) 477-3604 0 FAX: (509) 477-4715 0 TDD: (509) 477-7133 • .1: •fit., y4 __ .:.... .... •- =' ._ i Atoll • • • May 9,2008 Mr. Alan Schneider 3475 Ave 5E Yuma,AZ 85365 RE: Avalon Alley Vacation Dear Mr. Schneider: Avista has reviewed the alleyway between the West boundary line of Avalon Avenue and the parcel addressed as 4201 N Avalon, and there are no overhead or underground Avista utilities in the area to be vacated;therefore,we have no objections. If you need any addition information,please contact me at(509)495»8536. Sincerely, Sherry Miller Real Estate Assistant cc: Claude Kaler City of Spokane Valley 509.489.0500 1411 East Mission Avenue 800.727.9170 PO Bax 3727 MSC-25 Facsimile 509.495.8734 www.avistautilities.com Spokane, Washington 99220-3727 t ` Trentwood Irrigation District No. 3 4402 N Sullivan Rd. Spokane Valley,WA 99216 May 8,2008 RE:Alley Easement Release To Whom It May Concern: Trentwood Irrigation District has no utilities or interest in the alley easement located on the property owned by Alan Schneider at 4201 N Avalon Rd.in Spokane Valley,WA. County Parcel Number 45031.0306.We have no objections to the vacation of that easement. • Stir y Devon insley Assistant Manager • . • 1 19.60.010 General Requirements A. Nonresidential development shall meet the minimum setback and the maximum height requirements shown in Table 19.60-1. B. Parking areas shall be paved and landscape in accordance with Chapter 22.50 SVMC. C. New development exceeding three stories in height shall be provided with paved service lanes not less than 16 feet in width. D. All new development shall provide for shared access with adjacent properties. E. The following structures may be erected above the height limits of this Code in the Office. Commercial. and Mixed Use zones. provided; (A) The structure is accessory to or part of a building which is a permitted use in the zone: (B) The structure complies with the height limits in the Airport Overlay zone; and (C)No residential use of the structure shall occur above the height limits prescribed in the zone. 1. Penthouses or roof structures for the housing of elevators. stairways, tanks. ventilating fans. or similar equipment to operate and maintain a building. 2. Fire or parapet walls. skylights. flagpoles. chimneys. church steeples. belfries, wireless masts, and similar structures. 3. Structures such as silos, feed mills, batch plats. and fixed cranes which are sued in a manufacturing process which utilizes vertical processing and storage of materials. 4. Water stand pipes and tanks. 19.70.010 I-1, Light Industrial District A. The Light Industrial designation is a planned industrial area with special emphasis and attention given to aesthetics, landscaping and internal and community compatibility. Typical uses would include technology and other low-impact industries. Light industrial areas may also include office and commercial uses as ancillary uses within an overall plan for industrial development. B. Supplemental Regulations. 1. The outdoor storage provisions contained in SVMC 19.60.060(B) shall apply to the I-1 district. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permission of the property owner, health certificate and permit. 3. Setbacks a. Front and flanking street yard setbacks shall be 20 feet; and b. Side and rear yard setbacks of 35 feet are required only adjacent to residential zoning districts. (Ord. 07-015 4, 2007) 4. The following structures may be erected above the height limits of this Code in the Office. Commercial. and Mixed Use zones. provided; (aA)The structure is accessory to or part of a building which is a permitted use in the zone; (Ni) The structure complies with the height limits in the Airport Overlay zone; and (cG)No residential use of the structure shall occur above the height limits prescribed in the zone. ia. Penthouses or roof structures for the housing of elevators. stairways, tanks,ventilating fans, or similar equipment to operate and maintain a building. iib. Fire or parapet walls, skylights. flagpoles. chimneys., church steeples, belfries,wireless masts, and similar structures. iiie. Structures such as silos, feed mills. batch plats. and fixed cranes which are sued in a manufacturing process which utilizes vertical processing and storage of materials. ivd. Water stand pipes and tanks. 19.70.020 I-2, Heavy Industrial District A. Heavy Industrial designated property is characterized by intense industrial activities which include manufacturing,processing, fabrication, assembly,freight handling and similar operations. Heavy industry may have significant noise, odor or aesthetic impacts. C. Supplemental Regulations. 1. 1-2 allows any use permitted in the I-1 zoning district, except as specifically provided in Appendix 19-A. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation with permission of the property owner, health certificate and permit. 3. The following structures may be erected above the height limits of this Code in the Office, Commercial, and Mixed Use zones, provided; (aA) The structure is accessory to or part of a building which is a permitted use in the zone; (bB)The structure complies with the height limits in the Airport Overlay zone; and (cG)No residential use of the structure shall occur above the height limits prescribed in the zone. ia. Penthouses or roof structures for the housing of elevators, stairways,tanks,ventilating fans,or similar equipment to operate and maintain a building. iib. Fire or parapet walls. skylights. flagpoles, chimneys, church steeples, belfries, wireless masts, and similar structures. iiie. Structures such as silos, feed mills, batch plats, and fixed cranes which are sued in a manufacturing process which utilizes vertical processing and storage of materials. ivd. Water stand pipes and tanks. 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