Agenda 12/10/2015
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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
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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
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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
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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
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