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Agenda 12/10/2015 o o o o CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: December 10, 2015 Item: Check all that apply old business new business public hearing information study session pending legislation FILE NUMBER: STV-2015-0001 rd AGENDA ITEM TITLE: Public Hearing – street vacation of 3 Avenue rd DESCRIPTION OF PROPOSAL: The owner Dan Hultquist requests the vacation of 3 Avenue, an unimproved section 340 feet in length ranging from 40 to 50 feet in width. The th portion of right-of-way proposed to be vacated is located between Appleway Trail and 4 Avenue just west of Skipworth Road adjacent to six parcels (45212.0703, 45212.0719, 45212.0720, 45212.0721, 45212.0722 and 45212.0723). GOVERNING LEGISLATION : Spokane Valley Municipal Code (SVMC) 22.140; RCW 35A.47.020 and RCW 35.79 PREVIOUS PLANNING COMMISSIONACTION TAKEN : A study session was conducted on November 12, 2015. BACKGROUND : The City received an application from Dan Hultquist onOctober 21, 2015 rd requesting a street vacation of approximately 13,600 square feet of 3Avenue. The property owner is making a request for the following reasons: 1.The area proposed to be vacated is unimproved and not maintained; 2.Location of road limits maximum use of abutting properties; rd 3.All six parcels abutting 3 Avenue (north/south) are owned by the same property owner; 4.The structures along the east and west property line hinder future right of way connection; and rd 5.No parcels use 3Avenue for access. Pursuant to SVMC 22.140 the Planning Commission shall conduct a public hearing and render a recommendation to the City Council. The attached staff report provides an analysis of the proposal. Staff will present the findings at the public hearing. Due to the holidays and the appointment of new Commissioners the next Planning Commission meeting with business conducted will likely be January 28, 2016. In an effort to avoid unnecessarily impeding the applicant findings will be presented at the meeting for Planning Commission consideration following the vote. OPTIONS: Recommend approval of the proposed street vacation, recommend approval with changes, or recommend denial. RECOMMENDED ACTION OR MOTION : Move to recommend approval of the proposed street vacation to the City Council as proposed; RPCA Public Hearingfor STV-2015-0001Page 1 of 2 STAFF CONTACT : Karen Kendall, Planner ATTACHMENTS: 1. Staff Report 2. PowerPoint presentation RPCA Public Hearingfor STV-2015-0001Page 2 of 2 C&EDD OMMUNITY CONOMIC EVELOPMENT EPARTMENT PD LANNING IVISION SRR TAFFEPORT AND ECOMMENDATION FN:STV-2015-0001 ILE O STAFF REPORTDATE: December 3, 2015 FILE NO: STV-2015-0001 rd PROPOSAL DESCRIPTION: Request to vacate 3Avenue, an unimproved section 340 feet in length ranging from 40 to 50 feet in width. STAFF PLANNER: Karen Kendall, Planner, Community Development Department PROPOSALLOCATION: The portion of right-of-way proposed to be vacated is located between th Appleway Trail and 4 Avenue, just west of Skipworth Roadandadjacent to six parcels (45212.0703, 45212.0719, 45212.0720, 45212.0721, 45212.0722 and 45212.0723), further located in the NW quarter of Section 21, Township 25 North, Range 44 East, Willamette Meridian, Spokane Valley, Washington BACKGROUND: The City received an application from Dan Hultquist on October 21, 2015 rd requesting a street vacation of approximately 13,600 square feet of 3Avenue. The property owner is making a request for the following reasons: 1.The area proposed to be vacated is unimproved and not maintained; 2.Location of road limits maximum use of abutting properties; rd 3.All six parcels abutting 3 Avenue (north/south) are owned by the same property owner; 4.The structures along the east and west property line hinder future right of way connection; and rd 5.No parcels use 3Avenue for access. PROPERTYOWNER: Dan Hultquist; 14502 North Freya Road; Spokane, WA 99021 AC: PPROVAL RITERIA SVMC –Title 22 (Street Vacations) 1. SVMC - Title 21 (Environmental Controls) 2. City of Spokane Valley Street Standards 3. A: TTACHMENTS Exhibit 1: Vicinity Map Exhibit 2: Aerial Map Exhibit 3: Application Material Exhibit 4: Notice of Public Hearing Exhibit 5: Agency Comments Staff Report and Recommendation STV-2015-0001Page 1 of 5 December 3, 2015 I. PI ROPERTY NFORMATION Size and The area is approximately 16,000 square feet of an rd Characteristics:unimproved section of 3 Avenue that is 340 feet in length and ranges from 40 to 50 feet in width. Comprehensive Plan High Density Multifamily Residential District (MF-2) Designation: Zoning of Property:High Density Multifamily Residential District (MF-2) Existing and Vacant. Multifamilydevelopment located west, and single Surrounding Land family residential to the south and east and Appleway Trail to Use:the north. II. SASVP TAFF NALYSIS OF TREET ACATION ROPOSAL A.CSVMC(SVMC)T22.140.030– OMPLIANCE WITH POKANE ALLEY UNICIPAL ODE ITLE Findings: Whether a change of use or vacation of the street or alley will better serve the public? 1. The area proposed to be vacatedis unimproved without pavement, curb or gutter.Existing utilities such as electric, gas, sewer and water are located within current right of way and/or at either end. The utility purveyors have requested easements to preserve existing infrastructure and future connections. The vacation is expected to have no impact on the general public as surrounding parcels currently do not use proposed vacated area for access. The public will be served by a cul-de-sac at the end of Skipworth Road providing a benefit to the surrounding parcels for turnaround capabilities which presently do not exist. Whether the street or alley is no longer required for public use or public access? 2. The right-of-way being vacated is currently vacant land not being utilized for public use or access and is not required for current or future public use or access. The City’s Arterial rd Street Plan provides no indication of 3Avenue nor proposes a need for future street extension. Whether the substitution of a new anddifferent public way would be more useful to 3. the public? The proposal includes right-of-way for a future cul-de-sac, to be designed per City of Spokane Valley Street Standards, which will allow access and turnaround capabilities for existing residents. The proposal also includes a dedicated 15-foot right-of-way strip(or easement) for a future multiuse/bicycle trail connection to the Appleway Trail. An existing 12-foot access easement currently exists to Parcel 45212.0722 and is proposed to remain. Whether conditions may so change in the future as to provide a greater use or need 4. than presently exists? No changes areanticipated that provide a greater use or need from current conditions. The rd City’s ArterialStreet Plan does not designate 3 Avenue extending beyond the current established right-of-way. Staff Report and Recommendation STV-2015-0001Page 2 of 5 December 3, 2015 Whether objections to the proposed vacation are made by owners of private property 5. (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? No objections or public comment has been received. Conclusions: The findings confirm criteria set forth in SVMC 22.140.030 have been met. B.CSVMCT21–EC OMPLIANCE WITH ITLE NVIRONMENTAL ONTROLS The Planning Division has reviewed the proposed project and has determined that the project is categorically exempt pursuant to WAC 197-11-800 and SVMC21.20.040 from environmental review under the provisions of the State Environmental Policy Act (SEPA). III.PC UBLIC OMMENTS Findings: No public comments have been received following the notice of public hearing mailing on November 20, 2015. Conclusion(s): A Notice of Public Hearing sign was posted on the property November 20, 2015and notices were posted in the Spokane Valley Public Library, City of Spokane Valley Permit Center and main reception area the same day. Public hearing notices were mailed to all petitioners of the Vacation rd and those abutting 3Avenue for a total of eight properties on November 20, 2015. Lastly, the notice was published in the Spokane Valley Herald onNovember 27, 2015 and December 5, 2015. Staff concludes that adequate public noticing was conducted for STV-2015-0001 in accordance with adopted public noticing procedures. IV.AC GENCY OMMENTS Notice was provided to agencies and service providers. Comments were received from the following agencies and are attached as exhibits to this staff report: AgencyReceived Comments Dated Comments City of Spokane Valley Public WorksYes12-2-15 Spokane Valley Fire District No.1Yes11-19-15 Spokane County Division of UtilitiesYes12-3-15 Spokane Regional Health DistrictYes11-30-15 Avista UtilitiesYes11-20-15 Spokane Transit AuthorityNo City of Spokane Valley Police DepartmentNo Century LinkNo ComcastYes11-19-15 Modern Electric Water CompanyYes12-2-15 WA Archaeology and Historic PreservationYes11-30-15 V.OCF VERALL ONCLUSIONS AND INDINGS Staff Report and Recommendation STV-2015-0001Page 3 of 5 December 3, 2015 Staff concludes that STV-2015-0001 as proposed is generally consistent, or will be made consistent, through the recommended conditions of approval based on the approval criteria stated herein. R: ECOMMENDATION rd Approve the request to vacate a 340 foot long segment of 3 Avenue, subject to the following: Initial work to satisfy conditions of the street vacation (File No. STV-2015-0001) below shall 1. be submitted to the City for review within ninety (90) days following the effective date of approval by the City Council. The vacated property shall be transferredinto the abutting parcels (45212.0703, 45212.0719, 2. 45212.0720, 45212.0721, 45212.0722 and 45212.0723). All existing lots shall have access to a public street or existing driveway easement prior to 3. finalization. Submit a boundary line adjustment application with proposed lot configuration rd combined with record of survey vacating 3 Avenue. A 15-foot easement or right-of-way dedication with a 10-foot paved non-motorized pathway 4. shall be provided from the north end of Skipworth to the Appleway Trail as per SVSS 7.5.11. The ordinance shall reserveand retain a 10 foot easement for the entire length of vacated right- 5. of-way adjacent to sewer easement to serveelectric andnatural gas utilities. Coordinate with Modern Electric Water Company to establish aneasement located along the 6. west side of the 15 foot future non-motorized pathway from the north end of Skipworth Road to Appleway Trail. Coordinate with Modern Electric Water Company the location and width of easement to 7. preserve existing water line in the easterly quarter of the vacated right-of-way. Easement shall be recorded and reference provided on record of survey. Coordinate directly with Spokane County Division of Utilities the location and required 8. language for a public sanitary sewer easement. Easement shall be recordedand reference provided on record of survey. Following the City Council’s passage of the ordinance approving the street vacation, a record of 9. survey of the area to be vacated, prepared by a registered surveyor in the State of Washington including an exact metes and bounds legal description, and specifying any and allapplicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the Director of Community and Economic Development, or designee for review. The surveyor shall locate at a monument on the centerline of the vacated right-of-way with one 10. 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 City of Spokane Valley Street Standards. Staff Report and Recommendation STV-2015-0001Page 4 of 5 December 3, 2015 All direct and indirect costs of title transfer of the vacated street from public to private 11. 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. The zoning district designation of the properties adjoining the street to be vacated shall be 12. automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. The record of survey and certified copy of the ordinance shall be recorded by the City Clerk in 13. the office of the Spokane County Auditor. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title 14. by the City. Staff Report and Recommendation STV-2015-0001Page 5 of 5 December 3, 2015 To: Karen Kendall (City of Spokane Valley - Community Development) CC: From: Jim Red (Spokane County - Division of Utilities) Date: Thursday, December 03, 2015 Planning/Building #: SubjectStage:Phase: STV-2015-0001Preliminary Address Vacating 3rd Avenue west of SS10C Public sanitary sewer exists wihin the boundaries of the project. A recorded Public Sanitary Sewer easement, with a legal description is required. The easement shall state: "The perpetual easement granted to Spokane County, its' successors and assigns is for the sole purpose of constructing, installing, operating, maintaining, repairing, altering, replacing, removing, and all other uses or purposes which are or may be related to a sewer system. Spokane County, it's successors and assigns at all times hereinafter, at their own cost and expense, may remove all crops, brush, grass or trees that may interfere with the constructing, installing, operating, maintaining, repairing, altering, replacing, removing and all other uses or purposes which are may be related to a sewer system. The grantor(s) reserves the right to use and enjoy that property which is the subject of this easement for purposes which will not interfere with the County's full enjoyment of the rights hereby granted; provided, the Grantor(s) shall not erect or construct any building or other structure or drill on the easement, or diminish or substantially add to the ground cover over the easement. The easement described hereinabove is to and shall run with the land." Have the developer contact Chris Knutson or Colin Depner of this office with any concerns. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: December 10, 2015 Item: Check all that apply old business new business public hearing information study session pending legislation FILE NUMBER: STV-2015-0001 AGENDA ITEM TITLE: Findings & Recommendations – Street Vacation rd DESCRIPTION OF PROPOSAL: The owner Dan Hultquist requests the vacation of 3 Avenue, an unimproved section 340 feet in length ranging from 40 to 50 feet in width. The th portion of right-of-way proposed to be vacated is located between Appleway Trail and 4 Avenue just west of Skipworth Road adjacent to six parcels (45212.0703, 45212.0719, 45212.0720, 45212.0721, 45212.0722 and 45212.0723). GOVERNING LEGISLATION : Spokane Valley Municipal Code (SVMC) 22.140; RCW 35A.47.020 and RCW 35.79 PREVIOUS ACTION TAKEN : The Planning Commission held a public hearing on December 10, 2015 and voted recommend a conditional approval of the street vacation (STV-2015-0001) to City Council. OPTIONS: Recommend approval of the proposed street vacationfindings and recommendation, recommend approval with changes, or recommend denial. RECOMMENDED ACTION OR MOTION : Move to approve findings and recommendation recommending a conditionalapproval of the proposed street vacation to the City Councilas proposed. STAFF CONTACT : Karen Kendall, Planner ATTACHMENTS: 1.Staff Report without exhibits 2.Findings and Recommendation for STV-2015-0001 RPCA Findings and Recommendation for STV-2015-0001Page 1 of 1 C&EDD OMMUNITY CONOMIC EVELOPMENT EPARTMENT PD LANNING IVISION SRR TAFFEPORT AND ECOMMENDATION FN:STV-2015-0001 ILE O STAFF REPORTDATE: December 3, 2015 FILE NO: STV-2015-0001 rd PROPOSAL DESCRIPTION: Request to vacate 3Avenue, an unimproved section 340 feet in length ranging from 40 to 50 feet in width. STAFF PLANNER: Karen Kendall, Planner, Community Development Department PROPOSALLOCATION: The portion of right-of-way proposed to be vacated is located between th Appleway Trail and 4 Avenue, just west of Skipworth Roadandadjacent to six parcels (45212.0703, 45212.0719, 45212.0720, 45212.0721, 45212.0722 and 45212.0723), further located in the NW quarter of Section 21, Township 25 North, Range 44 East, Willamette Meridian, Spokane Valley, Washington BACKGROUND: The City received an application from Dan Hultquist on October 21, 2015 rd requesting a street vacation of approximately 13,600 square feet of 3Avenue. The property owner is making a request for the following reasons: 1.The area proposed to be vacated is unimproved and not maintained; 2.Location of road limits maximum use of abutting properties; rd 3.All six parcels abutting 3 Avenue (north/south) are owned by the same property owner; 4.The structures along the east and west property line hinder future right of way connection; and rd 5.No parcels use 3Avenue for access. PROPERTYOWNER: Dan Hultquist; 14502 North Freya Road; Spokane, WA 99021 AC: PPROVAL RITERIA SVMC –Title 22 (Street Vacations) 1. SVMC - Title 21 (Environmental Controls) 2. City of Spokane Valley Street Standards 3. A: TTACHMENTS Exhibit 1: Vicinity Map Exhibit 2: Aerial Map Exhibit 3: Application Material Exhibit 4: Notice of Public Hearing Exhibit 5: Agency Comments Staff Report and Recommendation STV-2015-0001Page 1 of 5 December 3, 2015 I. PI ROPERTY NFORMATION Size and The area is approximately 16,000 square feet of an rd Characteristics:unimproved section of 3 Avenue that is 340 feet in length and ranges from 40 to 50 feet in width. Comprehensive Plan High Density Multifamily Residential District (MF-2) Designation: Zoning of Property:High Density Multifamily Residential District (MF-2) Existing and Vacant. Multifamilydevelopment located west, and single Surrounding Land family residential to the south and east and Appleway Trail to Use:the north. II. SASVP TAFF NALYSIS OF TREET ACATION ROPOSAL A.CSVMC(SVMC)T22.140.030– OMPLIANCE WITH POKANE ALLEY UNICIPAL ODE ITLE Findings: Whether a change of use or vacation of the street or alley will better serve the public? 1. The area proposed to be vacatedis unimproved without pavement, curb or gutter.Existing utilities such as electric, gas, sewer and water are located within current right of way and/or at either end. The utility purveyors have requested easements to preserve existing infrastructure and future connections. The vacation is expected to have no impact on the general public as surrounding parcels currently do not use proposed vacated area for access. The public will be served by a cul-de-sac at the end of Skipworth Road providing a benefit to the surrounding parcels for turnaround capabilities which presently do not exist. Whether the street or alley is no longer required for public use or public access? 2. The right-of-way being vacated is currently vacant land not being utilized for public use or access and is not required for current or future public use or access. The City’s Arterial rd Street Plan provides no indication of 3Avenue nor proposes a need for future street extension. Whether the substitution of a new anddifferent public way would be more useful to 3. the public? The proposal includes right-of-way for a future cul-de-sac, to be designed per City of Spokane Valley Street Standards, which will allow access and turnaround capabilities for existing residents. The proposal also includes a dedicated 15-foot right-of-way strip(or easement) for a future multiuse/bicycle trail connection to the Appleway Trail. An existing 12-foot access easement currently exists to Parcel 45212.0722 and is proposed to remain. Whether conditions may so change in the future as to provide a greater use or need 4. than presently exists? No changes areanticipated that provide a greater use or need from current conditions. The rd City’s ArterialStreet Plan does not designate 3 Avenue extending beyond the current established right-of-way. Staff Report and Recommendation STV-2015-0001Page 2 of 5 December 3, 2015 Whether objections to the proposed vacation are made by owners of private property 5. (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? No objections or public comment has been received. Conclusions: The findings confirm criteria set forth in SVMC 22.140.030 have been met. B.CSVMCT21–EC OMPLIANCE WITH ITLE NVIRONMENTAL ONTROLS The Planning Division has reviewed the proposed project and has determined that the project is categorically exempt pursuant to WAC 197-11-800 and SVMC21.20.040 from environmental review under the provisions of the State Environmental Policy Act (SEPA). III.PC UBLIC OMMENTS Findings: No public comments have been received following the notice of public hearing mailing on November 20, 2015. Conclusion(s): A Notice of Public Hearing sign was posted on the property November 20, 2015and notices were posted in the Spokane Valley Public Library, City of Spokane Valley Permit Center and main reception area the same day. Public hearing notices were mailed to all petitioners of the Vacation rd and those abutting 3Avenue for a total of eight properties on November 20, 2015. Lastly, the notice was published in the Spokane Valley Herald onNovember 27, 2015 and December 5, 2015. Staff concludes that adequate public noticing was conducted for STV-2015-0001 in accordance with adopted public noticing procedures. IV.AC GENCY OMMENTS Notice was provided to agencies and service providers. Comments were received from the following agencies and are attached as exhibits to this staff report: AgencyReceived Comments Dated Comments City of Spokane Valley Public WorksYes12-2-15 Spokane Valley Fire District No.1Yes11-19-15 Spokane County Division of UtilitiesYes12-3-15 Spokane Regional Health DistrictYes11-30-15 Avista UtilitiesYes11-20-15 Spokane Transit AuthorityNo City of Spokane Valley Police DepartmentNo Century LinkNo ComcastYes11-19-15 Modern Electric Water CompanyYes12-2-15 WA Archaeology and Historic PreservationYes11-30-15 V.OCF VERALL ONCLUSIONS AND INDINGS Staff Report and Recommendation STV-2015-0001Page 3 of 5 December 3, 2015 Staff concludes that STV-2015-0001 as proposed is generally consistent, or will be made consistent, through the recommended conditions of approval based on the approval criteria stated herein. R: ECOMMENDATION rd Approve the request to vacate a 340 foot long segment of 3 Avenue, subject to the following: Initial work to satisfy conditions of the street vacation (File No. STV-2015-0001) below shall 1. be submitted to the City for review within ninety (90) days following the effective date of approval by the City Council. The vacated property shall be transferredinto the abutting parcels (45212.0703, 45212.0719, 2. 45212.0720, 45212.0721, 45212.0722 and 45212.0723). All existing lots shall have access to a public street or existing driveway easement prior to 3. finalization. Submit a boundary line adjustment application with proposed lot configuration rd combined with record of survey vacating 3 Avenue. A 15-foot easement or right-of-way dedication with a 10-foot paved non-motorized pathway 4. shall be provided from the north end of Skipworth to the Appleway Trail as per SVSS 7.5.11. The ordinance shall reserveand retain a 10 foot easement for the entire length of vacated right- 5. of-way adjacent to sewer easement to serveelectric andnatural gas utilities. Coordinate with Modern Electric Water Company to establish aneasement located along the 6. west side of the 15 foot future non-motorized pathway from the north end of Skipworth Road to Appleway Trail. Coordinate with Modern Electric Water Company the location and width of easement to 7. preserve existing water line in the easterly quarter of the vacated right-of-way. Easement shall be recorded and reference provided on record of survey. Coordinate directly with Spokane County Division of Utilities the location and required 8. language for a public sanitary sewer easement. Easement shall be recordedand reference provided on record of survey. Following the City Council’s passage of the ordinance approving the street vacation, a record of 9. survey of the area to be vacated, prepared by a registered surveyor in the State of Washington including an exact metes and bounds legal description, and specifying any and allapplicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the Director of Community and Economic Development, or designee for review. The surveyor shall locate at a monument on the centerline of the vacated right-of-way with one 10. 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 City of Spokane Valley Street Standards. Staff Report and Recommendation STV-2015-0001Page 4 of 5 December 3, 2015 All direct and indirect costs of title transfer of the vacated street from public to private 11. 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. The zoning district designation of the properties adjoining the street to be vacated shall be 12. automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. The record of survey and certified copy of the ordinance shall be recorded by the City Clerk in 13. the office of the Spokane County Auditor. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title 14. by the City. Staff Report and Recommendation STV-2015-0001Page 5 of 5 December 3, 2015 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION December 10, 2015 The following findings are consistent with the Planning Commission’s decision to recommend rd approval of File No. STV-2015-0001, vacating 3 Avenue. A. Background: 1.Chapter 22.140 of the Spokane Valley Municipal Code (SVMC), governing street vacations, wasadopted in September 2007 and became effective on October 28, 2007. 2.The privately-initiated street vacation,STV-2015-0001, proposesto vacate an unimproved section 340 feet in length ranging from 40 to 50 feet in width. 3.The Planning Commission held a public hearing on December 10, 2015 and to recommend a conditional approval of the street vacation (STV-2014-0001) to City Council. B. Planning Commission Findings: Compliance with SVMC 22.140.030Planning Commission review and recommendation Finding(s): Whether a change of use or vacation of the street or alley will better serve the 1. public? The area proposed to be vacated is unimproved without pavement, curb or gutter. Existing utilities such as electric, gas, sewer and water are located within current right of way and/or at either end. The utility purveyors have requested easements to preserve existing infrastructure and future connections. The vacation is expected to have no impact on the general public as surrounding parcels currently do not use proposed vacated area for access. The public will be served by a cul-de-sac at the end of Skipworth Road providing a benefit to the surrounding parcels for turnaround capabilities which presently do not exist. Whether the street or alley is no longer required for public use or public access? 2. The right-of-way being vacated is currently vacant land not being utilized for public use or access and is not required for current or future public use or access. The City’s rd Arterial Street Plan provides no indication of 3Avenue nor proposes a need for future street extension. Whether the substitution of a new and different public way would be more useful 3. to the public? The proposal includes right-of-way for a future cul-de-sac, to be designed per City of Spokane Valley Street Standards, which will allow access and turnaround capabilities for existing residents. The proposal also includes a dedicated 15-foot right-of-way strip (or easement) for a future multiuse/bicycle trail connection to the Appleway Trail. An existing 12-foot access easement currently exists to Parcel 45212.0722 and is proposed to remain. Findings and Recommendations of the Spokane Valley Planning CommissionPage 1 of 3 Whether conditions may so change in the future as to provide a greateruse or 4. need than presently exists? No changes areanticipated that provide a greater use or need from current conditions. rd The City’s Arterial Street Plan does not designate 3Avenue extending beyond the current established right-of-way. Whether objections to the proposed vacation are made by owners of private 5. property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? No objections or public comment has been received. C. Conclusions: The findings confirm criteria set forth in SVMC 22.140.030 have been met. D. Recommendation: Planning Commission recommends City Council approve the vacation ofan unimproved section 340 feet in length ranging from 40 to 50 feet in widthsubject to the following: Initial work to satisfy conditions of the street vacation (File No. STV-2015-0001) below shall 1. be submitted to the City for review within ninety (90) days following the effective date of approval by the City Council. The vacated property shall be transferred into the abutting parcels (45212.0703, 45212.0719, 2. 45212.0720, 45212.0721, 45212.0722 and 45212.0723). All existing lots shall have access to a public street or existing driveway easement prior to 3. finalization. Submit a boundary line adjustment application with proposed lot configuration rd combined with record of survey vacating 3 Avenue. A 15-foot easement or right-of-way dedication with a 10-foot paved non-motorized pathway 4. shall be provided from the north end of Skipworth to the Appleway Trail as per SVSS 7.5.11. The ordinance shall reserve and retain a 10 foot easement for the entire length of vacated right- 5. of-way adjacent to sewer easement to serveelectric and natural gas utilities. Coordinate with Modern Electric Water Company to establish an easement located along the 6. west side of the 15 foot future non-motorized pathway from the north end of Skipworth Road to Appleway Trail. Coordinate with Modern Electric Water Company the location and width of easement to 7. preserve existing water line in the easterly quarter of the vacated right-of-way. Easement shall be recorded and reference provided on record of survey. Coordinate directly with Spokane County Division of Utilities the location and required 8. language for a public sanitary sewer easement. Easement shall be recorded and reference provided on record of survey. Findings and Recommendations of the Spokane Valley Planning CommissionPage 2 of 3 Following the City Council’s passage of the ordinance approving the street vacation, a record of 9. survey of the area to be vacated, prepared by a registered surveyor in the State of Washington including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the Director of Community and Economic Development, or designee for review. The surveyor shall locate at a monument on the centerline of the vacated right-of-way with one 10. 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 City of Spokane Valley Street Standards. All direct and indirect costs of title transfer of the vacated street from public to private 11. 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. The zoning district designation of the properties adjoining the street to be vacated shall be 12. automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. The record of survey and certified copy of the ordinance shall be recorded by the City Clerk in 13. the office of the Spokane County Auditor. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title 14. by the City. th Approved this 10day ofDecember, 2015 ______________________________ Joe Stoy, Chairman ATTEST ____________________________ Deanna Horton, Administrative Assistant Findings and Recommendations of the Spokane Valley Planning CommissionPage 3 of 3 dR segdoH Rd er ark B F dR arol dR navilluS ssergorP dR dR smadA revE dR neerg Blake Rd McDonald Rd sidaM dR no dR seniP dR hsidwoB dR ytisrevinU dR dlareH d R nalluM dR atsiV dR kraP dR n amreihT tS namreihT dR yekciD dR re hcnaF tS yeldraY Carnahan Rd