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Agenda 08/23/2007 SPOKANE VALLEY PLANNING COMMISSION AGENDA COUNCIL CHAMBERS-CITY HALL 11707 E.SPRAGUE AVENUE AUGUST 23, 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-03-07, STREET VACATION 750 FEET OF FIRST AVE, AND 265 FEET OF SIPPLE RD. OLD BUSINESS- DELIBERATIONS OF PROPOSED ZONING MAP X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF GAIL KOGLE, CHAIR GREG MCCORMICK, ACTING DIRECTOR,AICP ROBERT BLUM, VICE-CHAIR SCOTT KUHTA, LONG RANGE PLANNER,AICP FRED BEAULAC MIKE BASINGER, ASSOCIATE PLANNER,AICP JOHN G. CARROLL CARY DRISKELL, DEPUTY CITY ATTORNEY DAVID CROSBY IAN ROBERTSON DEANNA GRIFFITH MARCIA SANDS WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: August 23,2007 City Manager Sign-off: Item: Check all that apply: ❑ consent n old business ® new business ®public hearing n information n admin. report I I pending legislation AGENDA ITEM TITLE: Public Hearing. STV-03-07—Request to vacate approximately 750 feet in length of First Avenue and 265 feet of Sipple Avenue PREVIOUS ACTION TAKEN: City Council adopted Resolution No. 07-013 on July 24, 2007, setting the date for a public hearing. J:t I t . ,_ , I-,,,..., - -----''-'1•1 1:`117.; 1,,,M1111V. :;',. r ‘ --'.:-:',gra,''V° "; , . ;":11;,' I . "--- -'-`---' --'�' „oC r re +u _ ,;v4 Spge os j % `SS gevet. \ El *3 rw Ys." �L ..T r A ,; r f, �. i'�i: It. : it �. it: I, ip6 r •V i r: `I r. 6 C .�r N r. - r r r r- cY jf. \,r l `I'`I N !S 1 til r '� ,if'' ,ca s, f .f.�®' r C`f` \ `. % • r,, F', T . T. ff,r. . Ir_-'� ' l 4� G- 'f--- BACKGROUND: The owners of Appleway Chevrolet/Toyota (Auto Nation) and Gus Johnson (CoJohn Co., LLC) request the vacation of approximately 750 feet in length of First Avenue and 265 feet of Sipple Avenue. The application is submitted on behalf of those property owners which abut both sides of the right-of-way. The area consists of multiple parcels,which comprise the Appleway Chevrolet/Toyota group as well as the Gus Johnson Ford group. The purpose in seeking a vacation of First Avenue is to allow the Appleway Chevrolet/Toyota group to redevelop the entire site facing both Sprague Avenue and Appleway Avenue. In addition, Sipple Road is no longer required and serves only as an entrance point for Gus Johnson Ford and Appleway Chevrolet. The applicant states that redevelopment of both streets will result in the revitalization and redevelopment of the area in accordance with the policy and goals of the City of Spokane Valley's Comprehensive Plan with respect to Auto Row. The Planning Commission must make findings on the following as part of their recommendation to City Council: A. Whether a change of use or vacation of the street or alley will better serve the public; B. Whether the street or alley is no longer required for public use or public access; C. Whether the substitution of a new and different public way would be more useful to the public; 1 of 6 D. Whether conditions may change in the future as to provide a greater use or need than presently exists; and E. 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: City of Spokane Valley,Division of Public Works need assessment recommends that the vacation of Sipple Avenue be denied, and the vacation of First Avenue be allowed only if an agreement can be made to extend Sipple Avenue through to Appleway Blvd. Lack of cross-street access between Sprague and Appleway is a frequent compliant of area businesses. This proposed through connection would be approximately halfway between Vista and Sargent,which are 1400 feet apart. The extension of Sipple would improve circulation and access to businesses on the north side of Sprague. If an agreement can be made with the applicant, approval is 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: Mike Basinger,AICP,Associate 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 2 of 6 Spocrn�� kao•Vne Malley STAFF REPORT PROPOSED VACATION OF A PORTION OF FIRST AVENUE AND SIPPLE AVENUE Prepared by: Michael L.Basinger,AICP,Associate Planner,Department of Community Development Date: August 10,2007 Findings: 1. Abutting Property No. 1: The following parcels numbers abut the north side of the proposed vacation of First Avenue:45191.0407,45191.0408,45191.9113,45191.9114 and 45191.9112. The south side of First Avenue abuts parcel numbers:45191.0502,45191.0503, and 45191.0601. These parcels are all owned by AutoNation, Inc.the parent company of Appleway Toyota,and Appleway Chevrolet. No objection from abutting property owners was received. 2. Abutting Property No.2: The following parcel numbers abut the east side of the proposed vacation of Sipple Avenue: 45191.9023 and 45191.9112. The west side of First Avenue abuts parcel number 45191.9175. Parcels abutting the east side of Sipple Avenue are owned by AutoNation,Inc.the parent company of Appleway Toyota, and Appleway Chevrolet. The parcel abutting the west side of Sipple Avenue is owned by CoJohn Co.,LLC (Gus Johnson Ford). No objections from abutting property owners were received. 3. Utilities: The following easements will be retained for all necessary underground and/or overhead utilities. a. Sewer: There is a public sewer running in the right-of-way of First Avenue. The applicant states these utilities will be retained within an easement. b. Water:East Spokane Water District No. 1 has a 10"main line that runs down Sipple Avenue and First Avenue. There is an 8"line running half way down the strip. The applicant states these utilities will be retained within an easement. c. Telephone/Fiber Optics: Qwest Communications has several telephone lines adjacent to Sipple Avenue with services crossing the right-of-way. There are no fiber optics lines within the right-of-way. The applicant states these utilities will be retained within an easement. d. Gas and Electricity:Avista Corporation has electricity and gas lines within right-of-way. The applicant states these utilities will be retained within an easement. e. Cable Television: Comcast Cable has infrastructure within the right-of-way. The applicant states these utilities will be retained within an easement. 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. 4. Stormwater Drainage facilities: The applicant stated in the application that there were no stormwater drainage facilities within the subject right-of-way. Based on City of Spokane Valley's Stormwater inventory, segments of Sipple Avenue and First Avenue contain four catch basins and six drywells. 5. Spokane Valley Fire District No. 1: The City of Spokane Valley Fire Department has the following requirements for this street vacation: a. A 20-foot clear fire lane must be established in the street's place. b. The existing fire hydrants must be accessible from this fire lane. c. The fire lane must remain open after hours. No car may be parked either by patrons or for sale in fire lane. d. This fire lane must be clearly marked with"No Parking-Fire Lane"signs posted on both sides. e. Lane surface must be painted indicating that this is a fire lane. 3 of 6 6. Access: Both Sipple Avenue and First Avenue are currently being utilized for traffic circulation;most of the traffic volume is related to adjacent businesses. On-street parking is utilized on both Sipple Avenue and First Avenue. 7. Zoning-Zoning surrounding the proposed vacation Regional Commercial (B-3). 8. Transportation — City of Spokane Valley, Division of Public Works need assessment recommends that the vacation of Sipple Avenue be denied, and the vacation of First be allowed only if an agreement can be made to extend Sipple Avenue through to Appleway Blvd. 9. Land Use - City of Spokane Valley's Comprehensive Plan Chapter 2- Land Use 2.9.1 Street Connectivity states that Street design can have a significant impact on community development. It also states all new developments should give special consideration to emergency access routes. Policy LUP-7.1 calls for improved traffic circulation around and through the City Center by extending the street network and creating smaller blocks. Policy LUP-16.1 encourages new developments, including multifamily projects, to be arranged in a pattern of connecting streets and blocks to allow people to get around easily by foot,bicycle,bus, or car. 10. Condition - The proposed areas to be vacated are paved with no sidewalks and currently used for traffic circulation. 11. Assignment of vacated portions of right-of-way—Absent objections from abutting properties owners,right-of- way should be assigned to the petitioners. Abutting property owners have received notice of the proposed vacation. Conclusions: 1. The Public Works Department has stated that the vacation as proposed will not better serve the public. 2. Both streets are utilized for traffic circulation and on street parking. 3. The implementation of the Sprague Appleway Revitalization Plan could place greater reliance on local streets for access and circulation. 4. The Public Works Department has proposed that the vacation of Sipple Avenue be denied, and the vacation of First Avenue allowed only if an agreement can be made to extend Sipple Avenue through to Appleway Blvd. The extension of Sipple Avenue would improve circulation and access to businesses on the north side of Sprague. 5. The City of Spokane Valley's Comprehensive Plan encourages connecting streets and blocks. FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION August 23,2007 The following findings have been prepared by Staff for the Planning Commission in the event there is concurrence with the recommended conditions of approval. Findings: 1. The Planning Commission held a public hearing on June 23,2007 to receive testimony concerning the vacation of approximately 750 feet in length of First Avenue and 265 feet of Sipple Avenue. The date of the hearing was set by City Council on July 24,2007 by Spokane Valley Resolution No. 07-013. Notice of the hearing was published on July 27,2007 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 July 27,2007. 2. The Planning Commission reviewed the report prepared by the Spokane Valley Community Development Department in detail. 4 of 6 3. The vacation of First Avenue and extension of Sipple Avenue will permit full development of the property for beneficial uses and permit appropriate levels of maintenance. 4. The Public Works Department submitted comments that the vacation of Sipple Avenue be denied, and the vacation of First Avenue allowed only if an agreement can be made to extend Sipple Avenue through to Appleway Blvd. The extension of Sipple Avenue would improve circulation and access to businesses on the north side of Sprague. 5. City of Spokane Valley's Comprehensive Chapter 2-Land Use 2.9.1 Street Connectivity states that Street design can have a significant impact on community development. It also states all new developments should give special consideration to emergency access routes. Policy LUP-7.1 calls for improved traffic circulation around and through the City Center by extending the street network and creating smaller blocks. Policy LUP-16.1 encourages new developments, including multifamily projects, to be arranged in a pattern of connecting streets and blocks to allow people to get around easily by foot,bicycle,bus,or car. 6. Agency comments when applicable are included as conditions of approval. Recommendations: The Spokane Valley Planning Commission therefore recommends to the City Council that the vacation of Sipple Avenue be denied, and the vacation of First Avenue allowed only if an agreement can be made to extend Sipple Avenue through to Appleway Blvd. The extension of Sipple Avenue would improve circulation and access to businesses on the north side of Sprague. 1. The following easements will be retained for all necessary underground and/or overhead utilities. The specific location of easements is a requirement of the record of survey a. Sewer: There is a public sewer running in the right-of-way of First Avenue. The applicant states these utilities will be retained within an easement. b. Water:East Spokane Water District No. 1 has a 10"main line that runs down Sipple Avenue and First Avenue. There is an 8"line running half way down the strip. The applicant states these utilities will be retained within an easement. c. Telephone/Fiber Optics: Qwest Communications has several telephone lines adjacent to Sipple Avenue with services crossing the right-of-way. There are no fiber optics lines within the right-of-way. The applicant states these utilities will be retained within an easement. d. Gas and Electricity:Avista Corporation has electricity and gas lines within right-of-way. The applicant states these utilities will be retained within an easement. e. Cable Television: Comcast Cable has infrastructure within the right-of-way. The applicant states these utilities will be retained within an easement. 2. Spokane Valley Fire District No. 1: The City of Spokane Valley Fire Department has the following requirements for this street vacation: a. A 20-foot clear fire lane must be established in the street's place. b. The existing fire hydrants must be accessible from this fire lane. c. The fire lane must remain open after hours. No car may be parked either by patrons or for sale in fire lane. d. This fire lane must be clearly marked with"No Parking-Fire Lane"signs posted on both sides. e. Lane surface must be painted indicating that this is a fire lane. 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 5 of 6 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. 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 necessary easements 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. 6. 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. 7. 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. 8. 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. 9. All conditions of city council authorization shall be fully satisfied prior to any transfer of title by the City. Approved this 23rd day of August,2007 Gail Kogle, Chairman ATTEST Deanna Griffith,Administrative Assistant 6 of 6 SCITY OF fanning Commission poKane Sign In Sheet Valley® 9 DATE: /' .. (()2 NAME (PLEASE PRINT) ADDRESS WISH TO SUBJECT E-MAIL SPEAK? )1;(,-tA/1 t)itc �Ot.L.iv--d rI(e LS t '7-0 i3 SEA-1,, e o n , c, " J ( 1/2,t,1 1 0111111.111.1\111111.1%. Spokane Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: Spokane Valley Planning Commissioner From: Mike Basinger,AICP,Associate Planner Date: July 26, 2007 Re: Zoning District Map Methodology The proposed Zoning District Map has undergone significant revision from the interim adopted zoning map in order to put our newly adopted Comprehensive Plan into practice. Planning staff will continue to recommend improvements to the zoning map by exploring additional tools to help shape our community's future. At this time,the Planning Commission is tasked with reviewing staff's methodology for implementing our first Zoning District map. The Zoning District map must be consistent with the Comprehensive Plan land use map. The following information outlines the process used to implement the Zoning District Map. Low Density Residential(LDR): The LDR Comprehensive Plan designation addresses a range of single-family residential densities from one dwelling unit per acre up to and including six dwelling units per acre. Existing lot sizes and community character will be strongly considered when developing the City's zoning map (Rotchford Acres&Ponderosa). Typical lot sizes will range from 7,000 to 10,000 square feet. The following residential zones are included the LDR Comprehensive Plan land use category. 19.40.030 R-1—Single-Family Residential Estate District Low density residential development intended to preserve the character of existing development and to allow for a limited number of horses and other large animals. Minimum lot size=40,000 Methodology: The assumption was made that property designated Urban Residential -1 (UR-1) in the interim zoning district map within the LDR comprehensive plan category would cross- over to R-1. There are 572 R-1 parcels in the new zoning districts map. UR-1 R-1 Lot Area 40,000 40,000 (25,000) Lot Width 80 80 Lot Depth 100 100 Front&Flanking Setback 35 35 Page 1 of 11 Rear Yard Setback 20 20 Side Yard Setback 5 5 Lot Coverage 30% 30% Building Height 35 35 19.40.040 R-2—Single-Family Residential District Low density residential development intended to preserve the character of existing development. Minimum lot size=7,500 Methodology: The assumption was made that property designated Urban Residential-3.5 (UR- 3.5) in the interim zoning district map within the LDR comprehensive plan category would cross-over to Single-Family Residential District(R-2). There are 20,670 R-2 parcels in the new zoning districts map. UR-3.5 R-2 Lot Area 10,000 7,500 Lot Width 80 65 Lot Depth N/A 90 Front&Flanking Setback 15 15 Rear Yard Setback 20 20 Side Yard Setback 5 5 Lot Coverage 50% 50% Building Height 35 35 19.40.050 R-3—Single-Family Residential Urban District Low density residential development intended to preserve the character of existing development. Minimum lot size= 6,000 Methodology: The assumption was made that property designated Urban Residential-7* (UR- 7*) and Urban Residential -7 (UR-7) in the interim zoning district map within the LDR comprehensive plan category would cross-over to Single-Family Residential Urban District(R- 3). There are 2,866 R-3 parcels in the new zoning districts map of which 791 were designated Urban Residential—7* (UR-7*) and 2075 were designated Urban Residential-7 (UR-7). The UR-7* zoning designation was part of the County's Phase 1 Zoning implementation and stipulated that there could only be 6 units per acre opposed to UR-7 which allowed for 7 units per acre. UR-7* UR-7 R-3 Lot Area 6,000 6,000 6,000 Lot Width 65 65 50 Lot Depth N/A N/A 80 Front&Flanking 15 15 15 Page 2 of 11 Setback Rear Yard Setback 20 20 20 Side Yard Setback 5 5 5 Lot Coverage 55% 55% 55% Building Height 35 35 35 Medium Density Residential (MDR): The MDR Comprehensive Plan designation addresses a range of housing types to accommodate anticipated residential growth. The Land Use chapter encourages the development of housing types, such as duplexes, townhouses, and condominiums in existing multi family areas and within mixed-use development in commercial areas. The MDR designation will allow up to 12 dwelling units per acre. The MDR designation should be used as transitional zoning between higher intensity land uses such as commercial and office, to lower density single-family neighborhoods. The following residential zones are included the MDR Comprehensive Plan land use category. 19.40.70 MF-1—Medium Density Multifamily Residential District The Medium Density Residential (MF-1) designation is intended to be used as transitional zoning between higher intensity land uses. MF-1 should be located near services and high capacity transit facilities or transit routes. Minimum lot size=3,600 Methodology: The assumption was made that property designated Urban Residential - 12 (UR- 12) in the interim zoning district map within the MDR comprehensive plan category would cross-over to MF-1. There are 1,920 MF-1 parcels in the new zoning districts map. UR-12 MF-1 Lot Area 4,200 3,600 Lot Width 50 50 Lot Depth 80 80 Front&Flanking Setback 15 15 Rear Yard Setback 20 10 Side Yard Setback 5 5 Lot Coverage 60% 60% Building Height 40 40 High Density Residential(HDR): The HDR Comprehensive Plan designation provides for existing multi family residential development developed at a density in excess of 12 units per acre. Additionally, HDR designated areas are also located in areas near higher intensity development, such as a City Center. Generally, this zoning designation is appropriate for land which is located adjacent to the arterial street system served by public transit, and is in close proximity to business and commercial areas. The following residential zones are included the HDR Comprehensive Plan land use category. Page 3 of 11 19.40.71 MF-2—High Density Multifamily Residential District The High Density Residential(MF-2) designation is intended to be used as transitional zoning between higher intensity land uses. MF-2 should be located near services and high capacity transit facilities or transit routes. Minimum lot size=3,600 Methodology: The assumption was made that property designated Urban Residential -22 (UR- 22) in the interim zoning district map within the HDR comprehensive plan category would cross- over to MF-2. There are 1,103 MF-2 parcels in the new zoning districts map. UR-22 MF-2 Lot Area 1,600 2,000 Lot Width 20 20 Lot Depth 80 80 Front&Flanking Setback 15 15 Rear Yard Setback 20 10 Side Yard Setback 5 5 Lot Coverage 65% 65% Building Height 50 50 Office Designation: The office comprehensive plan designation is intended primarily for office development with limited retail or commercial uses. Developments within the Argonne/Mullan Couplet, Pines Road, and Evergreen Road corridors are representative of office development. Retail and commercial uses are limited to those that are clearly subordinate to the primary office use, or the retail function primarily serves the office uses in close proximity to the retail or commercial use. Office uses can act as buffers or transition areas between higher intensity land uses and lower intensity land uses. The following zones are included the Office Comprehensive Plan land use category. 19.60.020 GO—Garden Office District The Garden Office designation is intended primarily for low-rise office development with limited retail or commercial uses. The primary uses include medical and dental facilities, education services, insurance, real estate, financial institutions, design firms, and legal services. Methodology: Using the Assessor's property use code and a windshield survey staff identified existing office uses. Office uses setback off major transportation corridors adjacent to residential were zoned GO to create a buffer between higher intensity office uses and residential neighborhoods. There are 213 GO parcels in the new zoning districts map. Page 4 of 11 GO UR-12 UR-22 Lot Area N/A 6,000 1,600 Lot Width N/A 60 60 Lot Depth N/A N/A N/A Front&Flanking 20 15 15 Setback Rear Yard Setback 20 (adj.to residential) 20 20 Side Yard Setback 20 (adj.to residential) 5 5 Lot Coverage N/A 60% 65% Building Height 45 40 50 19.60.030 0—Office District The Office (0) designation is intended primarily for medium to high-rise office development with limited retail or commercial uses. The primary uses include medical and dental facilities, education services, insurance,real estate, financial institutions, design firms, and legal services. Methodology: Using the Assessor's property use code and a windshield survey staff identified existing office uses. Land uses located on major transportation corridors associated with higher intensity uses were designated Office. There are 218 Office parcels in the new zoning districts map. Spokane County's implementing zones for office were UR-12 and UR-22. 0 UR-12 UR-22 Lot Area N/A 6,000 1,600 Lot Width N/A 60 60 Lot Depth N/A N/A N/A Front&Flanking 20 15 15 Setback Rear Yard Setback 20 (adj.to residential) 20 20 Side Yard Setback 20 (adj.to residential) 5 5 Lot Coverage N/A 60% 65% Building Height 100 40 50 Commercial Designations: Existing commercial areas are auto-oriented and characterized by one-story low intensity development. In the future, these areas will become more intensively developed and pedestrian oriented, and in some designations, accommodate housing. Transforming existing areas into places where people want to live, shop, and work requires changes. Commercial areas should contain street furniture, trees,pedestrian shelters, well marked crosswalks, and buildings oriented to and along the street to provide interest and allow easy pedestrian access. The following zones are included the Commercial Comprehensive Plan land use category. 19.60.040 NC—Neighborhood Commercial District Page 5 of 11 The Neighborhood Commercial (NC) classification designates areas for small-scale neighborhoods serving retail and office uses. Neighborhood business areas should not be larger than two acres in size, and should be located as business clusters rather than arterial strip commercial developments. The Neighborhood Commercial is intended to provide a limited number of commercial goods and services to surrounding residential neighborhoods. Methodology: The assumption was made that all Neighborhood Business (B-1)zoning designations in the interim zoning district map within the Neighborhood Commercial comprehensive plan category would cross-over to NC. There are 20 NC parcels in the new zoning districts map of which the acreage range is 0.2 to 1.8 complying with provision that NC areas should not exceed two acres in size. NC B-1 Lot Area N/A 5,000 Lot Width N/A 50 Lot Depth N/A N/A Front&Flanking Setback 20 35 Rear Yard Setback 20 (adj. to residential) 15 Side Yard Setback 20 (adj.to residential) 20 (adj.to residential) Lot Coverage N/A 50% Building Height 35 35 19.60.050 C—Community Commercial District The Community Commercial (C) classification designates areas for retail, service and office establishments intended to serve several neighborhoods. Community Commercial areas should not be larger than 15-17 acres in size and should be located as business clusters rather than arterial strip commercial development. Methodology: The assumption was made that property designated Community Commercial in the comprehensive plan would cross-over to Community Commercial (C). The following interim zoning designations are included in the C zoning designation. Interim Zoning Class Parcel Count Total Acreage B-1 29 16.66 B-2 120 67.25 B-3 291 282.44 I-2 17 32.35 UR-22 30 22.76 UR-3.5 46 20.57 UR-7 19 6.77 UR-7* 2 1.47 There are 554 C parcels in the new zoning districts map. The largest parcel size in the C designation is 16 acres in size, complying with provision that C areas should not exceed 17 acres in size. Page 6 of 11 C B-2 Lot Area N/A N/A Lot Width N/A N/A Lot Depth N/A N/A Front&Flanking Setback 20 35 Rear Yard Setback 20 (adj. to residential) 15 Side Yard Setback 20 (adj.to residential) 15 (adj.to residential) Lot Coverage N/A 55% Building Height 35 35 19.60.060 RC—Regional Commercial District The Regional Commercial District(RC) designation allows a large range of commercial and business uses. The Regional Commercial designation encompasses two major retail areas of the City. It covers the"strip"retail areas along Sprague Avenue which includes the automobile dealerships located at the western end of the Sprague Avenue corridor and the"big box"retail area found in the Sullivan Road area from Sprague Avenue north to the Interstate 90 interchange, and includes the Valley Mall and Wal-Mart. Methodology: The assumption was made that property designated Regional Commercial in the comprehensive plan would cross-over to Regional Commercial (RC). The following interim zoning designations are included in the RC zoning designation. Interim Zoning Class Parcel Count Total Acreage B-1 2 0.31 B-2 8 21.72 B-3 181 357.88 I-2 85 78.70 I-3 7 48.96 UR-3.5 5 3.44 UR-7 7 7.30 There are 298 RC parcels in the new zoning districts map. RC B-3 Lot Area N/A N/A Lot Width N/A N/A Lot Depth N/A N/A Front&Flanking Setback 20 35 Rear Yard Setback 20 (adj. to residential) 15 Side Yard Setback 20 (adj. to residential) 25 (adj.to residential) Lot Coverage N/A 60% Building Height 35 60 Page 7 of 11 Mixed-use Designations: The concept of"Mixed-use" has been around for centuries. Prior to the advent of automobile and the proliferation of the road and highway system, Mixed-use was predominant urban form. The "rediscovery"of this development type may be due in part to the negative impacts of sprawl, which have resulted in traffic congestion, decline in air quality, and inefficient use of resources and infrastructure. The following zones are included the Mixed-use Comprehensive Plan land use category. 19.60.070 MUC—Mixed Use Center District The Mixed Use Center designation allows two or more uses on a site that can either be vertically or horizontally mixed and includes employment, lodging, retail along with higher density residential uses. Methodology: The assumption was made that all Mixed Use Areas in the comprehensive plan would cross-over to Mixed Use Centers (MUC). There are 389 MUC parcels in the new zoning districts map. The following interim zoning designations are included in the MUC zoning designation. Interim Zoning Class Parcel Count Total Acreage B-2 51 30.50 B-3 71 44.11 I-1 4 14.98 I-2 103 312.84 I-3 10 27.18 MZ 19 1.41 RR-10 3 17.45 UR-22 14 42.85 UR-3.5 114 79.08 There are 389 MUC parcels in the new zoning districts map. MUC Lot Area N/A Lot Width N/A Lot Depth N/A Front&Flanking Setback 20 Rear Yard Setback 20 (adj.to residential) Side Yard Setback 20 (adj.to residential) Lot Coverage N/A Building Height 60 19.60.080 CMU—Corridor Mixed Use District Page 8 of 11 Corridor Mixed Use (CMU) designation is intended to enhance travel options, encourage development of locally serving commercial uses,multi-family apartments, lodging and offices along major transportation corridors. Methodology: The assumption was made that property designated Corridor Mixed Use in comprehensive plan would cross-over to Corridor Mixed Use (CMU). The following interim zoning designations are included in the CMU zoning designation. Interim Zoning Class Parcel Count Total Acreage B-1 36 17.08 B-2 215 116.71 B-3 634 481.88 I-2 25 39.53 I-3 14 16.68 UR-22 113 50.17 UR-3.5 134 70.31 UR-7 24 11.30 UR-7* 5 5.38 There are 1200 CMU parcels in the new zoning districts map. CMU B-3 (40% of corridor) Lot Area N/A N/A Lot Width N/A N/A Lot Depth N/A N/A Front&Flanking Setback 20 35 Rear Yard Setback 20 (adj.to residential) 15 Side Yard Setback 20 (adj. to residential) 25 (adj.to residential) Lot Coverage N/A 60% Building Height 50 60 19.60.090 CC—City Center District (implementation with sub-area plan) Public/Quasi-Public Designations: The Public/Quasi-Public designation is intended to protect and preserve areas of the City devoted to civic, cultural, educational, and similar facilities. The following zones are included the Public/Quasi-Public Comprehensive Plan land use category. 19.60.100 CF—Community Facilities District The"CF" Community Facilities District designation is intended to protect and preserve areas of the City devoted to civic, cultural, educational, and similar institutional facilities. These facilities provide for the social needs of the community as those needs relate to public services, open space and institutions whether they are publicly or privately sponsored or operated. Moreover,this designation provides for and protects parks, open space, and other natural Page 9 of 11 physical assets of the community. Uses in these areas may include those identified as "Essential Public Facilities". Methodology: The assumption was made that property designated Public/Quasi-Public in the comprehensive plan would cross-over to Community Facilities (CF). There are 518 CF parcels in the new zoning districts map. The following interim zoning designations are included in the CF zoning designation. Interim Zoning Class Parcel Count Total Acreage B-1 3 3.52 B-2 21 34.02 B-3 29 35.64 GA 1 8.05 I-2 59 343.81 I-3 27 182.43 MZ 2 24.23 RR-10 2 100.39 UR-1 5 9.54 UR-12 1 0.17 UR-22 33 174.40 UR-3.5 285 1072.94 UR-7 35 88.1 UR-7* 15 30.57 Industrial Designation: Providing for industrial land is important for the economic health of Spokane Valley. Industrial businesses help drive the local economy and create and economic multiplier effect throughout the region. Providing an adequate supply of usable land with minimal environmental constraints and infrastructure in place helps ensure that Spokane Valley will be an attractive place for industrial businesses to locate and prosper. The following zones are included the Industrial Comprehensive Plan land use category. 19.70.010 LI—Light Industrial District Light Industrial designation is 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. Methodology: The assumption was made that property designated Light Industrial (LI) in the comprehensive plan would cross-over to Light Industrial (1-1). There are 410 I-1 parcels in the new zoning districts map. 19.70.020 HI—Heavy Industrial District Page 10 of 11 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, order or aesthetic impacts. Methodology: The assumption was made that property designated Heavy Industrial (HI) in the comprehensive plan would cross-over to Heavy Industrial (1-2). There are 767 I-2 parcels in the new zoning districts map. Page 11 of 11 WITHERSPOON, KELLEY, DAVENPORT & TOOLE A PROFESSIONAL SERVICE CORPORATION ATTORNEYS&COUNSELORS ROBERTL MAGNUSON NED M.BARNES PORTLAND OFFICE 1100 U.S.BANK BUILDING COEUR D'ALENE OFFICE WILLIAM D.SYMMES•• 1515 SW FIFTH AVENUE,SUITE 690 422 WEST RIVERSIDE AVENUE THE SPOKESMAN REVIEW BUILDING ROBERT R LAMP PORTLAND,OREGON 97201 608 NORTHWEST BOULEVARD,SUITE 401 K THOMAS COCHRAN Telephone:(503)546-2391 SPOKANE,WASHINGTON 99201-0300 COEUR D'ALENE,IDAHO 83814-2146 DTHOMAS D.WINT N JOSEPH M WESSMAJ Fax:(503)546-7889 Telephone:(509)624-5265 Telephone:(208)667-4000 JEFFRll D.SDFINS N Fax:(509)458-2728 F.(208)667-8470 JEFFREY L EATIIEER' MICHLESLAEL D.CURRIN AD•j ORIAN T. E 0FILE BRIAN T.REKOFKE' EDWARD 1.ANSON'+ R H E"E"R' August 23, 2007 MICHAEL F. VIII T• JOHN M.RILEY III DENNIS M ORVIS 5+ Ti. ELIR DANIEL E E FINN FINNEY MARY IL GIANNINI•j TIMOTHY EL LAWLOR WILLIAM M SYI.IMES•I MARK A.ELLINGSEN'> STANLEY EL SCH WARTZ• DAVID M.}ONTSON JODY M.McCORM1CKI MICHAEL L I.OFT'I City of Spokane Planning Commission MICHAEL ROSS P.WHITE RICHARD L MOUNT 11707 East Sprague JOEL P.HAZEL' ROBERT I.CALDWELL* gL N RAlll`HE'S" Spokane Valley, WA 99016 CHRISTOPHER G.VARAIID•j KIMBERLY A.KAMEL• RYAN EL BEAUDOIN• STACY A.DIORDAHL PATRICIA L JOHNSON Re: STV-03-07 IARA L 11FMING WAY RICHARD A.REPT' BENJAMIN S.COLEMAN RYAN K JENSEN TRACY N.LcROY>> Ns II.OLDON R.WI S.ELEY• Dear Mr. Chairman and Members of the Planning Commission: GEANA VAN OUSEL STEVEN I.DI%SON OF COUNSEL On behalf of Appleway Chevrolet, its parent, Autonation, Inc., and Gus Johnson Ford, we Wm A Dareepon Joh EITanleJr. would like to submit the following information in support of the above-referenced Donald J.Luka •Alm admitted in'dahn application. The purpose of the application is to vacate First Avenue between Sipple and Alm admitted in Oregon NsoadmiRcdlnMmltam Sargent, and Sipple between First Avenue and Sprague. Currently, Sipple serves only as ••Nwadmitted in Calif in Also admitted `nNew an access for driveway purposes between Gus Johnson Ford and Appleway Chevrolet. »Nan admitted in Illinois ++Admitted in Idaho only With respect to First Avenue, Appleway Chevrolet Used Car Center is located directly to the south of First Avenue and is currently utilizing a mobile home trailer as its office facility. It is completely paved with no landscaping or other amenities whatsoever. Autonation is in the process of remodeling its Appleway Chevrolet and Appleway Mitsubishi dealerships. They will remove the vacant Lexus dealership facility as well as the current Appleway Toyota and if the vacation is approved, redevelop the entire site with a new Appleway Toyota facility as well as a used car center. The intent is to revitalize the entire site which includes the remodeling of Appleway Chevrolet and Appleway Mitsubishi together with a new Appleway Toyota. The site would be extensively landscaped and provide access both off of Sprague, Appleway and Sargent. A fmal design plan has not yet been developed. Your are aware, from past hearings with respect to the comprehensive plan process, auto dealerships are unique and require special needs in order to meet the demands of both their manufacturers as well as their customers in order to remain viable and competitive. As a result, an "Auto Row" classification was developed. Unlike other commercial ventures, auto dealerships must respond directly to the manufacturers under whom they are franchises. Manufacturers require flexibility of their dealers in their operations. They require the dealerships to comply with their new criteria and meet their new standards. On many occasions, they require dealerships to upgrade their facilities on a regular basis, i.e., their showrooms, their service facilities, their body repair shops, etc. As demands grow, they are required to upgrade equipment or enlarge their space to accommodate new and different products or adapt to new technologies. City of Spokane Valley Planning Commission August 23, 2007 Page 2 Currently, the franchise for Appleway Toyota is up for renewal. Toyota, were only granted a temporary franchise and, depending upon Appleway Toyota's ability to meet their needs, will that franchise be renewed in its entirety. If Appleway cannot provide the facilities, in this location it has several choices. First, they can relocate outside the City to a new location to better suit their customer needs, such as the Liberty Lake area. Secondly, they can explore another jurisdiction such as the Post Falls area in Idaho. As new demands are made on dealerships, change also requires manufacturer approval. Manufacturers approve signage, showrooms, location, and size of the facilities in general. The Comprehensive Plan promotes such flexibility and the utilization of large spaces (see Comprehensive Plan 2.5.2). The dealers generally have very limited choices if they wish to stay competitive and remain a viable entity with a particular manufacturer. They can either comply with a manufacturer's request as into leasing their franchise. Appleway Chevrolet owns all of the land between Sprague Avenue on the north and on the south, Sargent on the east and Sipple on the west. Currently, Sipple provides access only to Appleway Chevrolet and Gus Johnson Ford for purposes of accessing the facilities. It does not provide a thoroughfare for the general public in the area. In order to obtain a street vacation, certain criteria both under city state and under local ordinance must be approved. SVMC 10.05.320 specifies the specific municipal criteria that must be met in order to obtain a vacation. It is the applicant's belief that this criteria has been met in many ways and we wish to submit the following: 1. Whether a change of use or vacation of the street or alley will better service the public. The vacation of both Sipple and First will serve the public in a many ways. First, it will allow adjoining property owners to re-develop the entire site in such a fashion as to meet the goals and policies of the comprehensive plan. Because it will provide for the re-development of the area with an auto dealership that is new, modern and will provide jobs and a large tax base to the City of Spokane Valley. A new facility will substantially increase the amount of tax revenue not only to the City, but to the area as well. Currently, the Appleway group generates approximately $6.6 million annually in tax revenue. Of that revenue, approximately $1.5 million annually goes directly to the City of Spokane Valley. Third, the economic viability of the area will be tremendously enhanced. Alternatively, there is the risk that Appleway Toyota will not be able to G:\A\Autonation 6081\Correspondence\City of Spok Valley re Vacation.doc City of Spokane Valley Planning Commission August 23, 2007 Page 3 relocate on the site and will be forced to relocate outside the City of Spokane Valley. As such, the revenue from sales tax would disappear. Additionally, there is a public safety issue which would be removed. First Avenue and Sipple are not currently maintained by the City of Spokane Valley. Gus Johnson Ford and Appleway Chevrolet provide snow removal and other maintenance as required. As a thoroughfare, there is always the risk when crossing mid-block. 2. Is the street or alley no longer required for public use or public access? As stated above, there is very little, if any, public access to either Sipple and/or First Avenue at this location other than, to accommodate the needs of Appleway Chevrolet or Gus Johnson Ford. No other public access is currently involved in the street. Sipple is not a primary access to Sargent Road nor is First Avenue. 3. Would substitution of a new and/or different public right-of-way better service the public? The public will not be better served by alternative right-of-way to First Avenue and Sipple. Contrary to the Public Works' statement, substituting Sipple as a through street between Sprague and Appleway for First Avenue does not improve service to the public whatsoever. The two are not related in the slightest. There is no relationship between extending Sipple through. Nor is there any plan or policy in place that has been adopted by the City of Spokane Valley which would warrant an extension of Sipple Way between Appleway and Sprague. Such a condition would result in the property owners withdrawing their petition of vacation and thereby effectively terminating the ability to develop the property in accordance with the comprehensive plan as envisioned by the property owners. While additional connections between Appleway and Sprague may be laudable goals, they will take place only upon adoption of policy by the City of Spokane Valley. In any event, there already exists a connection relatively close by, through Sargent. 4. How will use or need of this right-of-way be affected by future conditions? G:W\Autonation 6081\Correspondence\City of Spok Valley re Vacation.doc • City of Spokane Valley Planning Commission August 23, 2007 Page 4 Until such time as the City of Spokane Valley adopts policies and goals under the proposed Sprague/Appleway revitalization plan, it is unknown whether conditions would change that would impact the vacation. Clearly, such conditions would not change and indeed, based upon draft proposals, a revitalization of the subject property and elimination of Sipple and Appleway would enhance the ability to develop the area in accordance with the Sprague and revitalization plan. This proposal is supported by 100% of abutting property owners. No other parties would have any standing under the law to object to the vacation request. If the City's intent is to be realized in developing a revitalized Sprague Avenue corridor, then it must provide the property owners the tools they need in which to revitalize their respective properties. In short, Appleway needs the room to accommodate the demands of its business. Appleway Toyota in order to expand needs and requires this vacation. Without it, it will be forced to give up its franchise or move to a different area outside the City of Spokane Valley. The depth of the block (Sprague to First) is only 200 feet. As such, there is insufficient area in which to provide a viable modern auto dealership. They would be forced to relocate. The loss to the City of the Valley would be devastating in terms of the ability to revitalize the area and, the tremendous loss in tax revenue that it would experience by such a move. Contrary to the Department of Public Works, the public will be served by the vacation. Finally, there has been no evidence or any factual basis whatsoever which would support the conclusion that the public is not served. We respectfully request that this vacation be granted in accordance with the application and the policy and goals currently adopted by the City of the Spokane Valley. Very truly yours, WITHERSPOON, KELLEY, DAVENPORT &TOOLE, y _r/i/. r. . DULL• TY, JR. FJD/ks cc: Vonn Jones Harry Brumley G:W\Autonation 6081\Correspondence\City ofSpok Valley re Vacation.doc i I J -_____ J ..____ _ ____ ,.QST s4 AG . 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