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Agenda 06/09/2005 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers -City Hall 11707 E. Sprague Avenue 6:00 p.m.—9:00 p.m. ***June 9, 2005*** I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES • May 26, 2005 VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT Review Comp Plan Chapters IX. COMMISSION BUSINESS Old Business Street Vacation STV 03-05, portion of Shannon Ave. east of Houk New Business X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF Fred Beaulac Marina Sukup,AICP Robert Blum Greg McCormick, AICP John G. Carroll, Vice-Chair Scott Kuhta, AICP David Crosby, Chair Deanna Griffith William Gothmann Gail Kogle Ian Robertson www.spokanevalley.orq Spokane Valley Planning Commission Draft Minutes Council Chambers - City Hall 11707 E. Sprague Ave May 26, 2005 CALL TO ORDER Planning Deputy Commissioner Carroll called the meeting to order at 6:00 pm. Commissioner Carroll will act as Chairman in Commissioner Crosby's absence. Staff attending the meeting: Marina Sukup, Director of Community Development and Deanna Griffith, Administrative Assistant Community Development II. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. III. ROLL CALL Fred Beaulac— Present Bill Gothmann— Present Bob Blum —Present* Gail Kogle—Present John G. Carroll — Present Ian Robertson— Present David Crosby—Absent, approved APPROVAL OF AGENDA Commissioner Robertson moved that the May 26, 2005 agenda be approved as amended, to provide explanation of 2 chapters in the Comprehensive Plan be discussed during Staff Reports Commissioner Kogle seconded the motion. Motion passed unanimously. IV. APPROVAL OF MINUTES It was moved by Commissioner Beaulac seconded by Commissioner Kogle that the minutes of the May 12, 2005 Planning Commission meeting be accepted as written. Motion passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Gothmann stated that he had attended the City Council meeting on May 24th, 2005. Discussion included the cut pavement policy and the street vacation of 15th and Chronicle passed for a second reading Commissioners Beaulac, Blum, Carroll Kogle and Robertson had nothing to report. April 28,2005 Planning Commission Minutes Page 1 of 3 Spokane Valley Planning Commission Minutes VIII. ADMINISTRATIVE REPORTS Director Sukup went over the highlights of the chapters of the Comp. Plan that covered Housing and Economic Development. We will be covering chapters 6, Utilities and 8, Natural Environment. IX. COMMISSION BUSINESS A. OLD BUSINESS: Public Hearing (continued): Ordinance for the use and handling of critical material. Additional information and comments are being gathered, some of which was given to the committee this evening. We have a couple of groups that have stepped forward requesting to be involved in a discussion of this ordinance. Mr. Scholtens requests additional time to meet with these groups before coming back to the commissioners. It was moved by Commissioner Beaulac and seconded by Commissioner Kogle to continue this hearing to the Planning Commission meeting on July 14, 2005. Passed unanimously. B. New Business Public Hearing: Street Vacation Request STV 03-05 for a portion of Shannon Ave. east of Houk Street abutting Assessor Parcel # 45103.0505, 45103.0206, 45103.0208 and the Union Pacific Railroad right-of-way. Director Sukup explained to the commissioners that the petitioner is requesting this section of Shannon be vacated for the development of multi-family housing on these parcels. Considerable discussion followed to help describe the traffic issues that the future use would create, would the street ever be used, no the abutting property owner never plans to allow that kind of right-a-way though his property. Whose responsibility would the extension of Mansfield belong to; Director Sukup thought it would belong to the City. Commission Blum is uncomfortable making a decision without input from the proponent. Commissioner Gothmann made a motion to recommend approval of Street Vacation 03-05 with the findings and recommendations of staff to the City Council. Seconded by Commissioner Robertson. More discussion in regards to use of land, easements, maintenance and the necessity of granting this recommendation. Commissioner Blum made a motion to table this request to the June 9th meeting of the Planning Commission. It was seconded by Commissioner Gothmann, passed unanimously. It was requested that the petitioner be contacted and their presence requested before further decisions will be made. April 14,2005 Planning Commission Page 2 of 3 Spokane Valley Planning Commission Minutes X. FOR THE GOOD OF THE ORDER Commissioner Beaulac requested that we run through the schedule for the coming weeks. It is as follows: June 1st, 11:30 am, Study Session Council Chambers; covering chapters on Natural Environment and Public Utilities. June 1st, 5:00 to 7:30 pm, Comprehensive Plan Open House, Council Chambers June 8th, 11:30 am, Study Session, Council Chambers June 9th, 6:00pm, Planning Commission regular meeting, Council Chambers. June 15th, 11:30 am Study Session, Council Chambers June le 6:00 pm Comprehensive Plan Public Hearing, Spokane Valley Nazarene Church, 15515 E. 20th June 22nd, 6:00 pm Comprehensive Plan Public Hearing, Spokane Valley Community Center, 10814 E. Broadway June 23rd, 6:00 pm Comprehensive Plan Public Hearing, Council Chambers Xl. ADJOURNMENT There being no further business, the meeting was adjourned at 7:25 p.m. SUBMITTED: APPROVED: Deanna Griffith, Administrative Assistant David Crosby, Chairman April 14,2005 Planning Commission Page 3 of 3 RECEIVED SCITY Planning Comniistitfn POKane Public Comments D ENT Please print clearly, turn in to meeting recorder X21 Name: aka_a_ ' c S .,• �� ','�. W)5 - Address: 0i j S Zip Code: ggZP-7— Phone Number: C3 67- -NM Email Address: C�`i SS S E -��7w Agenda Item: c'b e-.1j\U -- - 0A.i-fr\, l For the Proposal: jG Against the Proposal: Neurtal: Wish to Speak? Yes No Ft-fat width. t -i,-,. RccEivFD VIA F X45 voYigiEN aPMENT COM i f DG/E CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: May 26, 2005 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 — Street Vacation Request STV 03-05 for a portion of Shannon Avenue east of Houk Street abutting Assessor Parcels Nos. 45103.0205, 45103.0206 and 45103.0208 and the Union Pacific Railroad right-of-way. PREVIOUS COUNCIL ACTION TAKEN: City Council adopted Resolution No. 05-007 on of May 10, 2005 setting the date for a public hearing. BACKGROUND: * .- v$ .'r. ..., ee • ,. man, t £; ='` enlo (futur ) 4100. t. li a. 2 a — L 1. ' iFItfII.. ,,. • a #.`c .a Ir y i. • _ . —rte .... .. ...•••• •121-" '• #./77,A1771� J � r a Applicant Bill Lawson, 202 E. Trent Avenue, #400, Spokane, Washington, 99202 the owner of Assessor Parcels Nos. 45103.0205, 45103.0206 and 45103.0208 requests the vacation of a portion of Shannon Avenue east of Houk Street. Proponent proposes to develop a multi-family complex on the property, vacating a portion of the Shannon Avenue right-of-way, dedicating additional right-of-way for a cul-de-sac, and retaining the existing 30 foot right-of-way as a utility and limited access easement for the Hamilton property to the east. Avista, Qwest, Spokane County Utilities and Consolidated Irrigation District presently have facilities within the right-of-way. 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; \\SV-FS1\public\Community Development\RCA\Planning Commission\Street vacations\2005\052605 SW 03-05 Shannon.doc C. Whether the substitution of a new and different public way would be more useful to the public; 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. Mansfield Road will be extended in the future from Mirabeau Parkway to Pines Road. The applicant proposes to dedicate additional right-of-way for a cul-de-sac to serve the development. OPTIONS: Recommend approval, approve with conditions, or recommend denial. RECOMMENDATION: Approval of findings and a recommendation for approval of the proposed vacation 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: Marina Sukup, AICP, Community Development Director \\SV-FS1\public\Community Development\RCA\Planning Commission\Street vacations\2005\052605 Stv 03-05 Shannon.doc SC1[l car STAFF REPORT pokane PROPOSED VACATION OF A PORTION OF SHANNON \/alley AVENUE EAST OF HOUK STREET 4000 Prepared by: Marina Sukup, AICP, Director, Department of Community Development Date: April 26, 2005 Findings: 1. Abutting Properties. The right-of-way proposed for vacation is east of Houk Street. Applicant's property abuts the right-of-way on the north (Assessor Parcels Nos. 45103.0205, 45103.0206 and 45103.0208) and the Union Pacific Railway Company abuts the property on the south (no parcel number). The property is does not abut a body of water. 2. Utilities. Avista, Qwest, Spokane County Utilities and Consolidated lrrrigation District presently have facilities within the right-of-way. Proponent will retain a utility and limited access easement within the area to be vacated. The specific location of easements is a requirement of the record of survey. 3. Access. The Hamilton property located to the east of applicant's will have a limited easement within the area to be vacated to serve an existing residence. Additional development on both properties will take access from the extension of Mansfield to be constructed at a later date. 4. Zoning. Zoning for the property and abutting tracts to the west is UR-22 High Density residential. The property to the east remains zoned RR-10 Rural Residential. 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 property is unimproved except for utility installations. The size, access and condition of the property precludes 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 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. Shannon Avenue east Houk Street is no longer required for general public use or public access; 3. The proposed extension of Mansfield Road substitutes a new and different public way which will provide enhanced access and mobility to both abutting properties and the general public. 4. Additional right-of-way shall be dedicated to provide for a cul-de-sac at the termination of Houk/Shannon; and 5. The vacated portion of Shannon Avenue shall be retained as a limited access and public utility easement. \\SV-FS1\public\Community Development\RCA\Planning Commission\Street vacations\2005\052605 Stv 03-05 Shannon.doc 6. The proposed extension of Mansfield Road will provide for the ultimate development of all properties, and it is unlikely that conditions will change in the future to provide a greater use or need than presently exists for the right-of-way proposed for vacation; and 7. No objections have been received to the proposed vacation. \\SV-FS1\public\Community Development\RCA\Planning Commission\Street vacations\2005\052605 Stv 03-05 Shannon.doc draft FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION May 26, 2005 Findings. 1. The Planning Commission held a public hearing on May 26, 2005, to receive testimony concerning the vacation of a portion of Shannon Avenue east of Houk Street. The date of the hearing was set by City Council on May 10, 2005 by Spokane Valley Resolution No. 05-007. Notice of the hearing was published on May 13, 2005 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. 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. Shannon Avenue east of Houk Street is no longer required for public use or public access. 5. Additional right-of-way shall be dedicated to provide for a cul-de-sac at the termination of Houk/Shannon. 6. The vacated portion of Shannon Avenue shall be retained as a limited access and public utility easement. 7. The proposed extension of Mansfield Road substitutes a new and different public way which will provide enhanced access and mobility to both abutting properties and the general public; 8. The proposed extension of Mansfield Road will provide for the ultimate development of all properties, and it is unlikely that conditions will change in the future to provide a greater use or need than presently exists for the right-of-way proposed for vacation; and; and 9. No objections have been received to the proposed vacation. Conclusions. The Spokane Valley Planning Commission therefore recommends to the City Council that that portion of Shannon Avenue located east of Houk Street be vacated to the petitioners subject to: a) a record of survey 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 \\SV-FS1\public\Community Development\RCA\Planning Commission\Street vacations\2005\052605 Stv 03-05 Shannon.doc all easements for construction, repair and maintenance of existing and future utilities and services. The record of survey shall contain the professional stamp and signature of the registered surveyor and should be 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; and b) Additional right-of-way shall be dedicated to provide for a cul-de-sac at the termination of Houk/Shannon; and c) The vacated portion of Shannon Avenue shall be retained as a limited access and public utility easement. d) Placement of 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. e) Payment of 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. Approved this 26th day of May, 2005 David Crosby, Chairman • ATTEST Deanna Griffith, Secretary • \\SV-FS1\public\Community Development\RCA\Planning Commission\Street vacations\2005\052605 Stv 03-05 Shannon.doc