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Agenda 06/14/2007 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue June 14, 2007 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-02-07 a portion of Shannon Ave. Old Business— Deliberations Title 19, Use Matrix Deliberations Definitions, Deliberations Title 22, Uniform Development Code, Development Standards. X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT szessmossimusima COMMISSIONERS CITY STAFF Gail Kogle, Chair Marina Sukup, AICP Robert Blum, Vice-Chair Greg McCormick, AICP Fred Beaulac Scott Kuhta, AICP John G. Carroll Mike Basinger, AICP David Crosby Cary Driskell, Deputy City Attorney Ian Robertson Deanna Griffith Marcia Sands www.spokanevalley.orq T_I ZS! CD U-1 CITY OF okane01*##NsT' TT Valley® DATE: 4- v7 / NAME (PLEASE PRINT) ADDRESS WISH TO SUBJECT E-MAIL SPEAK? yes r , t zzoz � �r CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: June 14,2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑old business ❑X new business ® public hearing E information ❑ admin.report ❑ pending legislation AGENDA ITEM TITLE: Public Hearing. Street Vacation Request (STV-02-07) to vacate approximately 750 linear feet of Shannon Avenue east of previously vacated Shannon Avenue (file no. STV-03-05) further located north of Union Pacific Railroad and Indiana Avenue. PREVIOUS ACTION TAKEN: City Council adopted Resolution No. 07-005 on May 8, 2007 setting the date for a public hearing. H / ,{ /i( ii f1 _ I _____ T.....a..-.....—.—“`1! I I I i N `i--- —1-- t if 7I� 1 r + I City of S1 Volt f nk" 1 s,„_„........,. ___.. . _________,_i_ _ . - Shannon Avenue requested ._� _ to be vacated. BACKGROUND: The applicant's representative Chad Riggs, J.R. Bonnett Engineering on behalf of Thomas Hamilton the owner of parcels 45103.0244, 45103.0245 and 45103.0203 requests a vacation for the rest of Shannon Avenue approximately 750 feet in length east of previously vacated Shannon Avenue in 2005. The street is located north of Union Pacific Railroad and Indiana Avenue. FINDINGS: The Planning Commission must make findings on the following as part of their recommendation to City Council: I. 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. Objections to the proposed vacation made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. OPTION: Recommend approval,approve with conditions, or recommend denial. RECOMMENDATION: Approval subject to filing a record of survey which includes reservation of all utility easements, execution by the City of a Quit Claim deed to entitled property owners, and placement of monuments in accordance with the Spokane County Standards for Road and Sewer Construction. STAFF CONTACT: Karen Kendall,Assistant Planner ATTACHMENTS: Exhibit 1: Staff Report Exhibit 2: Findings and Recommendations to the CSV Planning Commission Exhibit 3: Street Vacation Application with Written Narrative Exhibit 4: Comments from Staff and Agencies n/�. — Department of Community Development jVal Planning Division Staff Report and Recommendations to the Planning Commission STV-02-07 Project Description: The request is to vacate a portion of right-of-way approximately 750 linear feet and 30 feet wide of Shannon Avenue east of previously vacated Shannon Avenue (file no. STV-03-05) further located north of Union Pacific Railroad and Indiana Avenue. June Id.2007 Staff-Report and Recommendations to the Planning Commission for STV-02-07 kane Department of Community Development Planning Division Application Processing O Application Submittal= March 29, 2007 O Determination of Complete Application=April 25, 2007 o Setting of Public Hearing Date= May 8, 2007 O Published Notice of Public Hearing= May 18, 2007 O Mailed and Posted Notice of Public Hearing= May 21, 2007 June 14,2007 Staff Report and Recommendations to the Planning Commission for STV-02-07 1 Department of Community Development Siiiikanc .. Valiagem Planning Division • Vicinity Map J„ N h�,r�11�1�r1�1u1i1� �. i'►� �J ���I����,�X11 Area of right-of- Tgo �J 1 Ill III 1�:y111H.`. �'n .. *, way vacation I 4... 7 r tilitileM 1114 Mill 00 } rittli grim 40 .."A A .,•.t• _ ,�- 41.....a .oa �-. a ,,,--- :: _ -ter. IIII _f.. �- 11411116k111Mi Md 11111111111 -1A- LWPs; J_ m1 June 14.2007 Staff Report and Recommendations to the Planning Commission for STV-02-07 ....1 ~ ' Department of Community Development jValiatoitior,le Planning Division • Existing Conditions il 1m IMI .... Vii:• 1 ,.. cny o'S:ol ac VY.kry 0 IMBED Shannon Avenue ~—----- 0 requested to be vacated. 11111111111 - - Eluvu-uaa- ph .r• --. oh.m=n1MM>.r1.1111111v June 14.2007 Staff Report and Recommendations to the Planning Commission for STV-02-07 2 .�. �M Department of Community Development `°`; . SOkanc _�_ jMalley Planning Division 71-7- Y 12 1 i.„, } ' I .g , a ' ;_ — .;,1 +� ,.t •t I RR4G , ---1 tl '�'7 ;1:,•ri T t 1 ,11822 1 rrot . ... . , . _ �� .1,.2F.t "�� ) __ , 1.2 RR10 3.1 �---, 1� 2 ..-_!t -'--12-.2-74._ 8.2 1.2 t 2006 Aerial Photo =i ' ._. fir r°:. III { Area to be vacated ' 1 1 I -- I~ 2--'1i1111 z,�1 --________,....-4------ ----- ---:*".-.' Parcels abutting ROW to be vacated _ -^"•!fes - June Id•2007 Staff Report and Recommendations to the Planning Commission for STV-02-07 1 -•.•••••".\•-• ' Department of Community Development '`: 1 SPjlalley • Planning Divisiontkane • .:ur,... Facing EAST onto Shannon Avenue 4' 4-- "P ,• v . End of right-of- ` way vacation $1k.-.' �r �^ • Area ofright-of- �``� r ..-.14C1-_'''''•-!..:',::;:•r' L. � nay vacation .,....,... ....__: .- . __- _ ...,. ✓r N rorti:'ZI,V,;,,,-;(,;,•4.1-11,115e " *.....„' . .-4tr. .,7.'" I',, - _ . , • _ r . .1i,:,..i..,,vv, _ _._: : _.:, ,, .......,._ '.. ., 'ter' :-_.. y(y' y ! ttk• 'wry` � p'"�, 'y/r.� `�;F'" ,y��->R� 7� �„.r..,..ie,,i,,„, .,.. 5y ♦ _ . _,..,,:,:..,.....:„.....:„...:,. ..„...„.„...... ....4 ___,.......,;f,W+A June 14.2007 Staff Report and Recommendations to the Planning Commission for STV-02-07 3 Sptil:ane�`."-- Department of Community Development it Valley Planning Division - Facing End of right-of- way vacation • WEST onto = _ -- - 46- , ,l Shannon ; Avenue .\rea of right-of- Way VaCation - = • `z June 14,2007 Staff Report and Recommendations to the Planning Commission for STV-02-07 • r Department of Community Development Spokane Planning Division Facing further End of right-of- WEST onto way vacation Shannon r=-� Avenue • Area of right-of- - way vacation � - _ lune 14.2007 Staff Report and Recommendations to the Planning Commission for STV-02-07 4 �� •' Department of Community Development jValIev -, Planning Division Facing EAST of proposed Shannon Avenue vacation ^'Y • a • June la.2007 Staff Report and Recommendations to the Planning Commission for STV-02-07 sou,"\ne Department of Community Development j�'alley Planning Division Facing EAST of proposed Shannon Avenue vacation .y• FI .f. it v. -. ��, • • • Access to existing residence from Mansfield:\s enuc June 14.2007 Staff Report and Recommendations to the Planning Commission for STV-02-07 5 kane Department of Community Development Spo jVal Planning Division _ Findings & Conclusions: O The vacation of the street will permit full development of the property for beneficial uses and permit appropriate levels of maintenance. 4 The Public Works Department submitted comments which analyzed the portions of Shannon Avenue. The requested portions of right-of-way are no longer required for public use or public access. • Unlikely that conditions will change in the future to provide a greater use or need than presently exists; and O No objections have been received. June 14.2007 Staff Report and Recommendations to the Planning Commission for STV-02-07 Department of Community Development IL- piikanc j�alk� Planning Division Staff's Recommendation STV-02-07= Recommend CONDITIONAL APPROVAL to the City Council June 14,2007 Staff Report and Recommendations to the Planning Commission for STV-02-07 6 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: June 14,2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business [1]new business ®public hearing ❑ information ❑admin.report ❑ pending legislation AGENDA ITEM TITLE: Public Hearing. Street Vacation Request (STV-02-07) to vacate approximately 750 linear feet of Shannon Avenue east of previously vacated Shannon Avenue (file no. STV-03-05) further located north of Union Pacific Railroad and Indiana Avenue. PREVIOUS ACTION TAKEN: City Council adopted Resolution No. 07-005 on May 8, 2007 setting the date for a public hearing. 1( - H \ i ( ti I ./. \ [ ti i 4 . . .....-------------- 11 -1 I - . \ —_ _ u 9 -i'i. I Cey of Spobw Valfay ❑ I L_ -L--- --- . _-1 HI i 1 i� ..m.� --- ____fir --.. -T- -1 -r JJ ..____ .L. i 1I , LJIII0 .i. II 6 `z. - Shannon Avenue requested Y .1 to be vacated. l- _ -1T-- I-----I BACKGROUND: The applicant's representative Chad Riggs, J.R. Bonnett Engineering on behalf of Thomas Hamilton the owner of parcels 45103.0244, 45103.0245 and 45103.0203 requests a vacation for the rest of Shannon Avenue approximately 750 feet in length east of previously vacated Shannon Avenue in 2005. The street is located north of Union Pacific Railroad and Indiana Avenue. FINDINGS: 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. Objections to the proposed vacation made by owners of private property (exclusive of petitioners)abutting the street or alley or other governmental agencies or members of the general public. OPTION: Recommend approval,approve with conditions, or recommend denial. RECOMMENDATION: Approval subject to filing a record of survey which includes reservation of all utility easements, execution by the City of a Quit Claim deed to entitled property owners, and placement of monuments in accordance with the Spokane County Standards for Road and Sewer Construction. STAFF CONTACT: Karen Kendall,Assistant Planner ATTACHMENTS: Exhibit 1: Staff Report Exhibit 2: Findings and Recommendations to the CSV Planning Commission Exhibit 3: Street Vacation Application with Written Narrative Exhibit 4: Comments from Staff and Agencies EXHIBIT 'I *lane ValleSTAFF REPORT Y PROPOSED VACATION OF A PORTION OF SHANNON AVENUE Prepared by: Karen Kendall,Assistant Planner, Department of Community Development Date: June 5,2007 Findings: 1. Abutting Properties-Applicant's property abuts the right-of-way on the north(Assessor Parcels Nos. 45103.0244,45103.0245 and 45103.0203)and the Union Pacific Railway Company abuts the property on the south(45107.0001). No objection from abutting property owners was received. 2. Utilities-Comments were received from Spokane County Division of Utilities and Avista Utilities. Division of Utilities commented a recorded public sanitary sewer easement is required for future extension in the portion of Shannon Avenue proposed for vacation. Avista commented on the need to require preservation of easements for their services.The specific location of easements is a requirement of the record of survey. 3. Access—Shannon Avenue is not required for public access due to it is being replaced by the continuation of Mansfield Avenue as a recommended condition. Additionally removal of the existing structure located on parcel number 45103.0204 or an easement shall be created prior to Shannon Avenue being vacated for access to the existing residence. Development all parcels will take access from the extension of Mansfield to be constructed at a later date. 4. Zoning-Zoning surrounding the proposed vacation to the north is Rural Residential 10(RR-10), Community Business(B-2)to the south,Urban Residential (UR-22)to the west and Light Industrial (I-2)to the east. The three parcels abutting the area to be vacated is currently zoned Rural Residential (RR-10) however currently going through zone change to UR-22 and I-2. 5. Transportation—The proposed extension of Mansfield Road will provide improved access and circulation to these tracts and improve overall traffic mobility in the area. 6. Condition -The proposed areas to be vacated have not been improved or currently usable for access. This portion of the street has no continuation at either end. It is an inaccessible landlocked island of public right-of-way. 7. Assignment of vacated portions of right-of-way—Absent objections from abutting properties owners,right-of-way should be assigned to the petitioners, inasmuch research indicates that the area to be vacated was part of the parent tract. Abutting property owners have received notice of the proposed vacation. Conclusions: 1. The vacation of the street/alley will permit full development of the property for beneficial uses and permit appropriate levels of maintenance. 2. The Public Works Department submitted comments which analyzed the portions of Shannon Avenue for need and future use and responded by specifying Shannon Avenue is not required for public access and is being replaced by the continuation of Mansfield Avenue through a recommended condition. 3. 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 street has no continuation at either end. It is an inaccessible landlocked island of public right-of- way; and 4. No objections have been received to the proposed vacation from the notice of public hearing and/or routing to staff and agencies. EXH : BIT 2 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION June 14,2007 The following findings have been prepared by Staff and accepted by the Planning Commission within the recommended conditions of approval. Findings: 1. The Planning Commission held a public hearing on June 14, 2007 to receive testimony concerning the vacation of a portion of right-of-way approximately 750 linear feet of Shannon Avenue east of previously vacated Shannon Avenue(file no. STV-03-05)further located north of Union Pacific Railroad and Indiana Avenue. The date of the hearing was set by City Council on May 8,2007 by Spokane Valley Resolution No. 07-005. Notice of the hearing was published on May 18,2007 in the Valley Herald,the official newspaper of the City, was posted in three conspicuous locations within the City, was provided to the petitioners and abutting property owners,and a sign was placed on the property providing notice of the hearing also completed on May 21, 2007. 2. The Planning Commission reviewed the report prepared by the Spokane Valley Community Development Department in detail. 3. The vacation of the street/alley will permit full development of the property for beneficial uses and permit appropriate levels of maintenance. 4. The Public Works Department submitted comments which analyzed the portions of Shannon Avenue for need and future use and responded by specifying Shannon Avenue is not required for public access and is being replaced by the continuation of Mansfield Avenue through a recommended condition. 5. 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 street has no continuation at either end. It is an inaccessible landlocked island of public right-of- way;and 6. No objections have been received to the proposed vacation from the notice of public hearing and/or routing to staff and agencies. Recommendations: The Spokane Valley Planning Commission therefore recommends to the City Council the portion of right-of-way approximately 750 linear feet of Shannon Avenue east of previously vacated Shannon Avenue(file no. STV-03-05)further located north of Union Pacific Railroad and Indiana Avenue be vacated to the petitioners subject to: 1. Dedication of the right-of-way and border easements for the continuation of Mansfield Avenue, which will cross the main parcels that front onto this portion of Shannon Avenue. Mansfield Avenue is to be constructed according to Collector Arterial standards, matching the section of the existing Mansfield to the east. Mansfield is to be composed of 46 feet of asphalt width and on each side Type B curb and gutter(2 feet), 10 foot roadside swale and a 6 foot sidewalk. The total width of improvements is 82 feet. This requires 54 feet of right-of-way dedication and 14 foot border easements on both sides. 2. A recorded public sanitary sewer easement is required for future extension in the portion of Shannon Avenue proposed for vacation pursuant to the Spokane County Division of Utilities. 3. An easement shall be created to provide access from currently improved Mansfield Avenue (abutting the site to the east)prior to Shannon Avenue being vacated for access to the existing residence located on parcel number 45103.0204 or the structure shall be removed. 4. 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. The record of survey shall contain the professional stamp and signature of the registered surveyor and filed upon completion with the Spokane County Auditor.The surveyor shall provide the City of Spokane Valley with a mylar copy of the recorded survey and the Auditor's Document Number and date of recordation. 5. 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. 6. All necessary easements required by Avista shall be shown on the record of survey and written documentation from all utility companies is required to be submitted to the Community Development Director,or designee verifying all easements have been indicated. 7. All direct and indirect costs of title transfer of the vacated street or 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. 8. 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 shall 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. 9. A 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. 10. All conditions of city council authorization shall be fully satisfied prior to any transfer of title by the City. Approved this 14"day of June,2007 Gail Kogle, Chairman ATTEST Deanna Griffith,Administrative Assistant EXHIBIT 3 SOOnnCITY OF SPOKANF VALLEY "or Staff Use Only) cPc(OiO'ZLO kane Community Devel lent Department l ,,,,.."Valley Current Planning [...vision DATE SUBMITTED: �I Z'l(G 1 ECEIVED BY: M0,..1,1 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 FILE No./NAME: Tel: (509) 921-1000 Fax: (509) 921-1008 v planning ftspokanevalley.org CURRENT PLANNING FEE: 15- ENGINEERING FEE: STREET VACATION APPLICATION rECEIVED PART I—APPLICATION INFORMATION MAR 2 9 2007 PROJECT INFORMATION: SP01<ANEVAI.4.EY Name of Public Street Proposed for Vacation: S \&vli1Oyi Averia.e._ DErAIT-NIENTC Section/Township/Range of Public Street Proposed for Vacation: SL✓ ( 4.(41.V.111.51/11 :16,95)-1` Lfti Area (Square Feet) of Public Street to be Vacated: ZZ,4/9C. 5, F Dimensions of Public Street to be Vacated: 30 Fee.- wide 750.S cearf deep Street Address/Tax Parcel No of Abutting Property#1: YS/c3 C2Z03 Q.Yk..dc/O 3.b2-eiq 61z93 ct i izRic 4&.- Street Address/Tax Parcel No of Abutting Property#2: Zoning Designation of Abutting Property#1: g 1Z-10 C 2 o,-N-P 4-0 �-Z �(ny) Zoning Designation of Abutting Property#2: T3-Z si t,, e �„ via �i1� ( 6tt'(PO4 Previous Land Use Action,If Applicable(state Project File No. &Name: KION- 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 OWNER NO.1: APPLICANT NAME: 7 10 41 a Ha.wi MAILING ADDRESS: 1 p.7 1 I30X Ill(oc'� c� CITY: Sib -a.4"12 `Ja.t t.7 STATE: LIM ZIP: 1.erZ// PHONE: (HOME/ 0' _ 9ZY-7 fi'/i _(FAX) q Zy- 1'-/'// (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 to each. Therefore, if there is more than one property owner abutting the public street or alley proposed for vacation, each property owner shall be required to sign the street vacation application. Revised 2/8/2007 ABUTTING PROPERTY OWNER NO.2: APPLICANT NAME: 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. IIow does a change of use or vacation of the street/alley improve service to the public? 2. Is the street or alley no longer required for public use or public access? Explain. 3. Would substitution of a new and/or different public right-of-way better serve the public? Explain. 4. How will use or need for this right-of-way be affected by future conditions? Explain. 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)? 6. Petitioner(s) contacted the following utilities/agencies with this proposal for their concurrence. (Attach correspondence) X Telephone X Cable KC Electric _Other(Specify) X Water District )- Fire District X. Gas Utility X_Sewer Utility 7. Does the right-of-way include stormwater drainage facilities(Specify)? NOTE: ALL SUBMITTAL REQUIREMENTS SPECIFIED IN THE STREET VACATION SUBMITTAL CHECKLIST SHALL BE SUBMITTED BEFORE THE STREET VACATION APPLICATION WILL BE PROCESSED. Revised 2/8/2007 PART II-LEGAL OWNER 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 OWNER NO. 1: I, 40/1/4 s 6. 7/4-rn IL ro al , (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 TIIE OWNER, ATTACHED HEREWITH IS WRITTEN PERMISSION FROM THE OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF.!� PO ADDRESS: O 3oCX 1 .!'6, PHONE: I Z`-r`7 cr/I 5 U' ' /� L4 ZIP: 4L ( ity) f (State) .00,10'orj�/ ©7 ignature) (Date) NOTARY (For Part II above) STATE OF WASHINGTON ) ss: COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this /9 _ day of /9-/Q0/-1 ,2017 NOTARY SEAL ) -.11-1J NOTARY SIGNATURE \`&UuuA1n��0,��/,i yG�c,...:..., Notary Public in and for the State of Washington .• ss�oNFxpe " YO //OA. � q •. Residing at: � J0/ . PURI�G :2 _ My appointment expires: /O 7 yhlmmw Revised 2/8/2007 � k„-: J.R. BONNETT ENGINEERING ,4 7----- Civil & Structural Consulting & Design /"I Di' 803 E.3rd Ave. Spokane,WA 99202 509.534.3929 Voice • 509.534.4014 fax March 19,2007 Karen Kendall,Assistant Planner City of Spokane Valley Department of Community Development Planning Division 11707 E. Sprague Avenue Suite 106 Spokane Valley,WA 99206 Re: Shannon Avenue Street Vacation Application Part II—Evaluation Criteria Dear Ms.Kendall: The City of Spokane Valley Public Works Department has requested our client,Mr.Thomas D.Hamilton , to vacate that portion of Shannon Avenue adjacent to his south property line. We are preparing the following narrative on behalf of Mr.Thomas D. Hamilton to address"Part II—Evaluation Criteria"for the City of Spokane Valley Street Vacation Application. 1. How does a change of use or vacation of the street/alley improve service to the public? The portion of Shannon Avenue adjacent to Mr.Hamilton's property is currently landlocked between a 540-foot section of previously vacated Shannon Avenue to the west and RR-10 zoned property to the east. Shannon Avenue is 750-feet in length and unimproved with only thirty(30)feet of right-of-way. There is one(1)single-family residence with a street address of 12915 E. Shannon Avenue that does not receive direct access from Shannon Avenue. The residence receives access from Mansfield Avenue located to the northeast. The street vacation will not have any significant impacts to public service. 2. Is the street or alley no longer required for public use or public access? Explain The general public does not use Shannon Avenue as it is unimproved and does not access any specific destinations. As stated above, Shannon Avenue is only half of a standard right-of-way and does not provide access to any residences. 3. Would substitution of a new and/or different public right-of-way better serve the public? Explain It is the intention of the City of Spokane Valley Public Works Department to have Shannon Avenue vacated and direct future traffic along an extended Mansfield Avenue through Mr.Hamilton's property. The Mansfield Avenue extension will extend from existing street improvements at the east property line and extend to Mr.Hamilton's west property line. This new public right-of-way extension will be a more • direct route and will better serve the public. J.R. BONNETT ENGINEERING & Structural Consulting & Design • 4. How will use or need for this right-of-way be affected by future conditions? Explain As stated in item number 3 above,the ultimate goal is to eliminate the need and use of Shannon Avenue with the Mansfield Avenue extension. As required by the Spokane Valley Fire Department,no additional construction will be permitted in this area until a connection to the existing Mansfield Avenue in Mirabeau Point is made. Future conditions will have no affects on the use or need for Shannon Avenue right-of-way. 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)? Utility easements will be granted for existing utilities located within or adjacent to the current right-of- way. Gas and Electric are served by Avista Utilities; Telephone is served by Qwest; Cable is served by Comcast Cable Communications; Sewer is served by Spokane County Division of Utilities; Water is served by Consolidated Irrigation District#19; Fire is served by Spokane Valley Fire Department. 6. Petitioner(s)contacted the following utilities/agencies with this proposal for their concurrence. Copies of correspondence are attached. Response letters will be forwarded when available. 7. Does the right-of-way include stormwater drainage facilities(Specify)? The current right-of-way is unimproved and does not have stormwater drainage facilities. Please contact me directly with any questions or concerns you may have regarding the above responses. Sincerely, J.R. BONNETT ENGINEERING Chad S. Riggs,P.E. /`/ cep,1/r�ate,South ..M�,n� �v,.� . ,,�. to 89 /�38 f core.yo.11tm.A000pted C 1 4'. AUDITORS GERTIFICAT'E senYOCw 1504.15 • a ed for Record this/nt day of p� 1999, 750 2' M Bgok�Q.of rve on a e at . 121.11• the request of rifoht s. !"/tseiNiu , Feud 1/2'Reber IW/eey/12000 • �-. EQUIPMENT & PROCEDURE s • A Nikon 014-1 Total Station,and a Field Traverse Iwere used for this Survey. / I • /— I I' BASIS OF BEARING TRACT"'A" I I The bearing of S 02'39'11'E.along the East line of Tract 10 of Assessor's Plat No.6,per Record of Survey Std 82-218 recorded In Book 46 of Surveys,Page 38,was used as — _4 (PARCEL "A" PARCEL �( 8 9 10 the basis of bearing for this survey. ,TRACT'8' 4 5 6 esB 70 7 1r R.O.S.• B.& 8s, PC: 43 I I n LEGEND f- — — I PARCEL "C" " o / o R.O.S. Bb 46, PG' 78L 3: � ; E 1/2 I M1 0 0 Set 1/2'rebar with Plastic Cap 1.14 in rn marked LS8642/LS.9987 1Q 5 0 587,573 sq. ft. ia Ti M LOT 7 I 763,320,q. ft. I `a (-± 'tet 13.35 Acres rt o j. ; h Avista Utilities 1411 East Mission POBox 3727 MSC-25 Spokane,Washington 99220-3727 Telephone 509-4890500 Toll Free 800.727.9170 Utilities Facsimile 509.495.8734 May 30, 2007 Ms. Karen Kendall, Assistant Planner City of Spokane Valley 11707 E. Sprague Avenue Suite 106 Spokane, Valley,WA 99206 Re: STV-02-07 Dear Karen: Regarding the above referenced vacation,Avista requests that any vacation ordinance be subject to utilities. Please send us a copy of the Ordinance after one has been issued. If you have any questions or comments please, contact me at(509)495-8536. Thank you, c:AN Sherry Miller Real Estate Assistant cc:. Claude Kaler,Avista To: Karen Kendall (City of Spokane Valley-Community Development) CC: From: Jim Red (Spokane County- Division of Utilities) Date: Thursday, May 31, 2007 Subject: STV-0002-07 Stage: Preliminary Phase: SV Shannon Avenue Vacation AO01 A recorded Public Sanitary Sewer Easement is required for a future sewer extension. Karen Kendall From: JELARSON@up.com Sent: Thursday, May 24, 2007 6:02 AM To: Karen Kendall Subject: your file no. STV-03-05 Karen,the proposed vacation of a portion of Shannon Avenue will not affect Union Pacific's transportation or maintenance. We have no objections. Jim Larson Manager Real Estate Union Pacific Railroad Company 1400 Douglas St-Mail Stop 1690 Omaha,NE 68179-1690 phone 402-544-8561 fax 402-501-0340 email jelarson@up.com This message and any attachments contain information from Union Pacific which may be confidential and/or privileged. If you are not the intended recipient, be aware that any disclosure,copying, distribution or use of the contents of this message is strictly prohibited by law. If you receive this message in error,please contact the sender immediately and delete the message and any attachments. 1 January 15, 2003 Page 1 of 2 Karen Kendall From: Randy Abrahamson [randya@spokanetribe.com] Sent: Thursday, May 17, 2007 9:23 AM To: Karen Kendall Cc: stephenie kramer Subject: SEPA Checklist May 16, 2007 Karen Kendall Associated Planner RE: STV-02-07 Ms. Kendall: Thank you for inviting the Spokane Tribe of Indians to review and comment on the SEPA checklist. We have received the application material for the project area, The Spokane Tribe of Indians does express interest in projects that impacts cultural resources and traditional Cultural properties (TCP). I request an on site meeting for this project to discuss any actions that would destroy any archaeological resources. There are Two known archaeological sites,that has been gathered and sent to SHPO office and may be eligibility for the National Register,these cultural resource material are limited, irreplaceable and provide the historical and cultural foundations of the Spokane Tribe and includes the traditional cultural resources, ancestral and sacred sites, historic locations and burial sites that is so important to the Spokane Tribe. While surface evidence or artifacts and human remains may be sparse after years of non-Indian occupation and development, evidence below the surface may still be in place and artifact and human remains may be entering the site through hydrological processes, and other means. I would recommend that archeological survey and sub—surface testing at all construction and staging areas, this is a must on this project and these requests are not outrageous and should have been expected on this project. Please send me a copy of the survey and subsurface testing before any project activity. However if any artifacts or human remains are found upon excavation, this office should be immediately notified and the work in the immediate area cease. Pursuant to RCW 27.53.060 unlawful to destroy any historic or prehistoric archaeological resources,with this letter City of Spokane Valley is notified that there is cultural sites in this project. Should additional information become available our assessment may be revised. 6/1/2007 January 15, 2003 Page 2 of 2 Our tribe considers this a positive action that will assist us in protecting our shared heritage. If question arise, contact my office at(509) 258 —4315. Sincerely, Randy Abrahamson Tribal Historic Preservation Officer. Spokane Tribe of Indians P.O. Box 100 Wellpinit WA. 99040 6/1/2007 Page 1 of 1 Karen Kendall From: Nik Bentley Sent: Tuesday, May 15, 2007 10:59 AM To: Karen Kendall Subject: STV-02-07 Karen, The Building Department will defer comments until the Building Permit Application is submitted. Nik Bentley Senior Plans Examiner City of Spokane Valley 6/1/2007 e alley 11707 E Sprague Ave Suite 106 0 Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 0 cityhall@spokanevalley.org Memorandum To: Karen Kendall -Assistant Planner From: Henry M. Allen - Development Engineer . CC: Neil Kersten, Public Works Director; Inge/Note,Traffic Engineer Date: May 31, 2007 Re: STV-02-07 A portion of Shannon Ave The Public Works Department submits the following comments for the Public Hearing. These comments are based on the criteria for street vacation listed in Chapter 10.05.320 of the Spokane Valley Municipal Code. A. Whether a change of use or vacation of the street or alley will better serve the public; Yes, the street vacation will better serve the public. This portion of the street has no continuation at either end. It is an inaccessible landlocked island of public right-of-way. B. Whether the street or alley is no longer required for public use or access; It is not required for public access; Shannon Avenue is being replaced by the continuation of Mansfield Avenue. C. Whether the substitution of a new and different public way would be more useful to the public; Not needed, Shannon Avenue is already being replaced by the continuation of Mansfield Avenue. D. Whether conditions may so change in the future as to provide a greater use or need than presently exists; There is no anticipation of a change in conditions. E. Whether objections to the proposed vacation are made by owners of private property abutting the street or alley or other governmental agencies or members of the general public. Public Works is not aware of any objections at this time. Recommendation: Public Works recommends that the following condition be added to the staff report: Dedication of the right-of-way and border easements for the continuation of Mansfield Avenue, which will cross the main parcels that front onto this portion of Shannon Avenue. Mansfield Avenue is to be constructed according to Collector Arterial standards, matching the section of the existing 1 Mansfield to the east. This street is to be composed of 46 feet of asphalt width and,on each side, Type B curb and gutter(2 feet), 10 foot roadside swale and a 6 foot sidewalk. The total width of improvements is 82 feet. This requires 54 feet of right-of-way dedication and 14 foot border easements on both sides. Public Works comments on STV-01-07 2 SPOKANE REGIONAL HEALTH DISTRICT ENVIRONMENTAL HEALTH DIVISION INTEROFFICE MEMO DATE: May 31,2007 TO: Karen Kendall, Assistant Planner, City of Spokane Valley Dept. of Community Development FROM: Donald Copley, EHS II - EHD, SRHD SUBJECT: STV-02-07 The Spokane Regional Health District has no comment on this street vacation. Memo/STV-02-07/I6 06/01/2007 FRI 16:32 FAX 12 001/001 00"NE VAL 4 `I/ FIRE �� 1 '1' `(•°` co'DEPARTMENT 10319 EAST SPRAGUE AVE.•SPOKANE VALLEY,WA 99206-3627•(509)928-1700•FAX(509)892.4125 www.spokanevalleyfire.com Mike Thompson Chief June 1, 2007 Karen Kendall City of Spokane Valley 11707 E. Sprague Ave. Suite 106 Spokane Valley, WA 99206 • RE: STV-02-07 12915 E. Shannon Ave. Dear Ms. Kendall: • The Spokane Valley Fire Department does not support vacating this property at this time. We need to see action being taken to extend Mansfield through the property before considering this application. The Spokane Valley Fire Department does not have adequate access to 12915 E. Shannon Avenue from Mansfield. Improvements shall be made to include 20 foot driving surface capable of supporting fire apparatus. If driveway is longer than 150 feet • fire apparatus turnaround shall be provided and if we are to access this property off of Mansfield the address of the property shall be changed. We will not object to the Shannon Avenue vacation if Mansfield Avenue's right of way is fully dedicated. Sincerely, Rick Freier • Fire Inspector R F/pl a • • JUN 01 2007 15:36 PAGE.01 05/30/2007 WED 14:51 FAX a001/001 *, 0&I\NE Vq(i Q FIRE DEPARTMENT 10319 EAST SPRAGUE AVE.e SPOKANE VALLEY,WA 99206-3627 o(509)928-1700 e FAX(509)892-4125 www.spokanevalleyfire.com Mike Thompson Chief May 30, 2007 Karen Kendall City of Spokane Valley 11707 E. Sprague Ave. Suite 106 Spokane Valley, WA 99206 RE: STV-02-07 12915 E. Shannon Ave. Dear Ms. Kendall: The Spokane Valley Fire Department does not support vacating this property at this time. We need to see action being taken to extend Mansfield through the property before considering this application. The Spokane Valley Fire Department does not have adequate access to 12915 E. Shannon Avenue from Mansfield. Improvements shall be made to include 20 foot driving surface capable of supporting fire apparatus. If driveway is longer than 150 feet fire apparatus turnaround shall be provided and if we are to access this property off of Mansfield the address of the property shall be changed. Sincerely, • Rick Freier Fire Inspector RF/pla MAY 30 7007 13:54 PAGE.01