Agenda 06/22/2006 SPOKANE VALLEY PLANNING COMMISSION AGENDA
Council Chambers -City Hall 11707 E. Sprague Avenue
June 22, 2006
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 -
Old Business - Continued Public Hearing Street Vacation STV-01-06 a portion of
Old Indiana
Annual Review— Rules of Procedure
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
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
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: May 25, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ® new business ®public hearing
❑ information [' admin.report ❑ pending legislation
AGENDA ITEM TITLE: Public Hearing. Right-of-Way Vacation Request STV-01-06 for a portion
of Old Indiana Avenue to be vacated.
PREVIOUS ACTION TAKEN: City Council adopted Resolution No. 06-006 on April 25, 2006 setting
the date for a public hearing.
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BACKGROUND:
The applicant Brandon Reece, Wireless Connections, LLC; PO Box 22189, Milwaukie, Oregon 97269
requests the vacation of a portion of Old Indiana Avenue. This section of Old Indiana Avenue (south of
Indiana Avenue and north of Interstate 90) is located between properties (Parcel Nos. 45104.9020,
45104.9034 & 45104.9036) owned by Wireless Communications, LLC. Washington State Department
of Transportation has an access restricted, fenced stormwater treatment area directly east of the proposed
street vacation which precludes any potential access or future street vacations to the east on Old Indiana
Avenue. Please reference aerial photo from 2005 shown above.
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 of the CSV Planning Commission
Exhibit 3: Street Vacation Application with Written Narrative
Exhibit 4: Comments from Staff, Agencies and Utility Providers
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Nxwane STAFF REPORT
valley PROPOSED VACATION OF A PORTION OF OLD INDIANA AVENUE
Prepared by: Karen Kendall,Assistant Planner, Department of Community Development
Date: May 18, 2006
Findings:
1. Abutting Properties -The right-of-way proposed for vacation is located north of Interstate 90
and south of Indiana Avenue. There is no record of a street vacation for any portion of Old
Indiana Avenue by Spokane County in this area. The area was old railroad right-of-way given to
Spokane County. The portion of Old Indiana Avenue proposed to be vacated is bordered on the
north and south by Wireless Connections, LLC who's requesting the proposed action.
2. Utilities- A twenty (20) foot easement will be reserved for Consolidated Irrigation District.
Other easements may also be required for existing or future utilities including Washington State
Department of Transportation, Spokane County Utilities Division,Avista, Comcast, and Qwest.
The location of these easements is a requirement of the record of survey.
3. Access- Old Indiana Avenue's pavement stops approximately 370 feet southeast from the
intersection of Indiana Avenue and Old Indiana Avenue. The three (3)existing parcels abutting
the proposed right-of-way vacation area all have access onto Old Indiana Avenue. As a
recommended condition the City's Public Works Department is requiring access be restricted to
Indiana Avenue from Parcel Nos. 45104.9020, 45104.9034&45104.9036.
4. Zoning- Zoning abutting the north side of Old Indiana Avenue is Community Business(B-2)
and property abutting to the south is zoned Light Industrial (I-2). The three parcels which abut
the proposed street vacation are in the City's Comprehensive Plan Designation as Regional
Commercial.
5. Transportation- Existing fenced stormwater treatment facility used by Washington State
Department of Transportation precludes the possibility of extending access further east along Old
Indiana Avenue to the east. The existing parcels abutting the proposed area as well as adjacent
parcels have access onto Old Indiana Avenue.
6. Condition- The proposed portion of Old Indiana Avenue is improved with only asphalt. The
size, access and condition of the property preclude use by the City.
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 as it appears that any
portion of the right-of-way to which they would lay claim will be transferred to them through
completion and a positive approval of the vacation. 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 need of Old Indiana
Avenue for future use and responded by specifying the requested portion is no longer required for
public use or public access subject to recommended conditions.
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; and
4. No objections have been received to the proposed vacation from the notice of public hearing
and/or routing to staff and agencies.
FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING
COMMISSION
May 25,2006
Findings.
1. The Planning Commission held a public hearing on May 25, 2006 to receive testimony
concerning the vacation of a portion of Old Indiana Avenue located north of Interstate 90 and
south of Indiana Avenue. The date of the hearing was set by City Council on April 25,2006 by
Spokane Valley Resolution No. 06-006. Notice of the hearing was published on May 5, 20006 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 5,2006.
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 need of Old Indiana
Avenue for future use and responded by specifying the requested portion is no longer required for
public use or public access subject to recommended conditions.
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; and
6. No objections have been received to the proposed vacation from the notice of public hearing
and/or routing to staff and agencies.
Conclusions.
The Spokane Valley Planning Commission therefore recommends to the City Council the portion of Old
Indiana Avenue located north of Interstate 90 and south of Indiana Avenue be vacated to the petitioners
subject to:
1. 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.
2. 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.
3. All necessary easements required by Consolidated Irrigation District, Washington State
Department of Transportation, Spokane County Division of Utilities, Avista, Quest and Comcast
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.
4. Access to Parcel Nos. 45104.9020,45104.9034 &45104.9036 shall only be from Old Indiana
Avenue. No access is granted to the improved 5-lane Indiana Avenue for the above parcels.
5. 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.
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 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.
7. 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.
8. All conditions of city council authorization shall be fully satisfied prior to any transfer of title by
the City.
Approved this 25h day of May,2006
Gail Kogle, Chairman
ATTEST
Deanna Griffith, Administrative Assistant
Department of Community Development ' "
Planning Division
SPOKANE VALLEY PLANNING COMMISSION AGENDA
June 22,2006
• I. CALL TO ORDER • COMMISSION BUSINESS
• II. PLEDGE OF • New Business-
ALLEGIANCE • Old Business-Continued
• III. ROLL CALL Public Hearing Street Vacation
• IV. APPROVAL OF AGENDA STV-01-06 a portion of Old
• V. APPROVAL OF Indiana
MINUTES • Annual Review—Rules of
• VI. PUBLIC COMMENTVII. Procedure
COMMISSION • X.FOR THE GOOD OF
REPORTS THE ORDER
• ADMINISTRATIVE REPORT
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Department of Community Development
j�alk� Planning Division
Continued Public Hearing
STV-01-06
Project Description:
The request is to vacate a portion of Old Indiana Avenue located
between properties owned by Wireless Communications,LLC
for the purpose of creating additional parking.
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Parcels abutting ROW to be vacated
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Sol:anc/\ Department of Community Development
Planning Division
Staff's Recommendation
STV-01-06=
Recommend CONDMONAL APPROVAL
to the City Council
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