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2019, 07-11 Agenda Packet 0111111°1#1\11111111111k SIP/ okane Valley Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 10210 E. Sprague Ave. July 11, 2019 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: June 13, 2019 VI. COMMISSION REPORTS VII. ADMINISTRATIVE REPORT VIII. PUBLIC COMMENT: On any subject which is not on the agenda. IX. COMMISSION BUSINESS: i. Study Session: STV-2019-0003, a privately initiated street vacation for portions of Broadway Avenue and Thierman Road. ii. Study Session: CTA-2018-0006, a privately initiated code text amendment to SVMC 19.40, 19.60 and 19.65 regarding affordable housing and multifamily developments. X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT PC ADVANCE AGENDA For Planning Discussion Purposes Only As of July 3, 2019 ***Please note this is a work in progress; items are tentative and subject to change*** To: Commission & Staff From: PC Secretary Deanna Horton by direction of Deputy City Manager Re: Draft Schedule for Upcoming Commission Meetings July 11, 2019 Study Session: STV-2019-0003—Broadway Ave. Street Vacation—Karen Study Session: CTA-2018-0006—Affordable Housing- Staff July 25, 2019 Public Hearing: STV-2019-0003—Broadway Ave. Street Vacation-Karen August 8, 2019 Findings of Fact: STV-2019-0003 —Broadway Ave. Street Vacation—Karen Draft Advance Agenda 7/3/2019 Page 1 of 1 Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall June 13,2019 I. Chair Johnson called the meeting to order at 6:00 p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Office Assistant Robin Hutchins called roll and the following members and staff were present: James Johnson Jenny Nickerson, Building Official Danielle Kaschmitter Erik Lamb, Deputy City Attorney Timothy Kelley Mike Basinger, Economic Development Manager Robert McKinley Conner Lange, Planner Michael Phillips, absent - excused Michelle Rasmussen Matt Walton, absent - excused Robin Hutchins, Office Assistant Hearing no objections, Commissioners Phillips and Walton were excused from the meeting. IV. AGENDA: Commissioner Rasmussen moved to approve the June 13, 2019 agenda as presented. There was no discussion. The vote on the motion was five in favor, zero opposed, and the motion passed. V. MINUTES: Commissioner Rasmussen moved to approve the May 23, 2019 minutes. There was no discussion. The vote on the motion was five in favor, zero opposed, and the motion passed. VI. COMMISSION REPORTS: Commissioner Rasmussen attended the Chester Creek pavement preservation presentation given by the City. She was impressed by the proactive approach and the high level achieved in reaching out to the community. Commissioner Johnson attended the Inlander Volume music festival on the 31st of May and 1st of June, he was amazed at the quality and variety of music by local musicians. He also attended the Spokane County Human Right Task Force on the 11th of June where they discussed a media release pertaining to their hate crimes portal and how to gather hate crime data from higher education entities. VII. ADMINISTRATIVE REPORT: Economic Development Manager Mike Basinger gave an update of the Barker Road and Garland Avenue projects. He highlighted that the City has been working on Barker Road for two weeks and have installed 1,000 feet of the 3,700-foot sewer line total. Mr. Basinger advised USDOT awarded the City a $1.25 million dollar grant for the Pines Road BNSF grade separation project. The City has secured $5.1 million dollars in project funding that puts the City in a position of 100 percent for design and 80 percent for right of way acquisitions. Mr. Basinger advised the Parks and Recreation Department will be holding a workshop on Thursday June 20, 2019 from 6:00-7:30 p.m. at CenterPlace conducted by Chaz Bates. Mr. Basinger concluded with items coming before the City Council to include the Pines grade separation design, an administrative report on Catholic Charities Code Text Amendment (CTA) and a request for a pavement management ad hoc committee to represent the community as a whole. 06-13-2019 Planning Commission Minutes Page 2 of 3 VIII. PUBLIC COMMENT: On any subject which is not on the agenda. There was no public comment. IX. COMMISSION BUSINESS: i. Findings of Fact: STV-2019-0002, a privately initiated street vacation of a portion of Glenn Road, University Road and Baldwin Avenue. Mr. Lange explained the Findings of Fact reflected the process and decision the Commission made regarding STV-2019-0002, the privately initiated street vacation of a portion of Glenn Road, University Road and Baldwin Avenue. Mr. Lange advised the Commission conducted a public hearing on May 23, 2019. After deliberations the Commission voted four in favor and one opposed to forward a recommendation of approval of the amended proposal to the City Council. The amendment was to vacate a portion of Baldwin Avenue and Glenn Road while retaining University Road. Mr. Lange advised there was a scrivener error related to a parcel number that has been corrected. There was some discussion regarding a scrivener error of the Commission's vote in the Findings of Fact that reflected an incorrect vote of five to one, the correct vote being four to one. Commissioner Rasmussen moved to amend the Findings of Fact STV-2019-0002 to reflect the correct vote from five to one, to four to one. There was no discussion. The vote on the motion was five in favor, zero opposed, and the motion passed. Commissioner Kaschmitter moved to approve Findings of Fact STV-2019-0002 as amended. There was no discussion. The vote on the motion was five in favor, zero opposed, and the motion passed. ii. Findings of Fact: CTA-2019-0002, a proposed text amendment to Spokane Valley Municipal Code(SVMC) Chapter 19.60,Chapter 19.85 and Appendix A to allow and provide regulation on licensed marijuana transportation businesses. Deputy City Attorney Erik Lamb summarized the Findings of Fact for the proposed code text amendment CTA-2019-0002, allowing licensed marijuana transport businesses to operate within the City with certain limitations. Mr. Lamb explained the Commission conducted a public hearing on May 23, 2019. After deliberations the Commission voted four in favor, one opposed to forward a recommendation of approval to City Council. Commissioner Rasmussen moved to approve Findings of Fact CTA-2019-0002 as presented. There was no discussion. The vote on the motion was five in favor,zero opposed, and the motion passed. iii. Findings of Fact: STV-2019-0001, proposed street vacations of a portion of Tshirley Road, Long Road, Rich Avenue and Greenacres Road in the Northeast Industrial Area. Mr. Basinger summarized the Findings of Fact for the City initiated street vacation STV- 2019-0001, a proposed street vacation in the Northeast Industrial Area. Mr. Basinger explained the Commission conducted a public hearing on May 23, 2019. After deliberations the Commission voted five in favor, zero opposed to forward a recommendation of approval to City Council. Commissioner Rasmussen moved to approve Findings of Fact STV-2019-0001 as presented. There was no discussion. The vote on the motion was five in favor, zero opposed, and the motion passed. X. GOOD OF THE ORDER: Commissioner McKinley advised that his wife lost her father on Memorial Day. In light of Father's Day, he encouraged everyone to spend time with their families as you never know when it will be the last. Commissioner Rasmussen apologized for missing the last meeting and the miscommunication. Commissioner Johnson spoke about a 06-13-2019 Planning Commission Minutes Page 3 of 3 speech Jon Stewart gave to Congress regarding the 911 Victims Compensation Fund. Commissioner Johnson feels it is of utmost importance that all countries take care of their first responders and is abhorrent when that does not occur. XI. ADJOURNMENT: Commissioner Rasmussen moved to adjourn the meeting at 6:20 p.m. The vote on the motion was five in favor, zero opposed, and the motion passed. James Johnson, Chairman Date signed Robin Hutchins, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: July 11, 2019 Item: Check all that apply nold business n new business n public hearing n information Fl study session n pending legislation FILE NUMBER: STV-2019-0003 AGENDA ITEM TITLE: Study session — street vacation of a portion of the northwest corner of Broadway Avenue and Thierman Road. DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate approximately 2,987 square feet of improved right-of-way on the northwest corner of Broadway Avenue and Thierman Road. The right-of-way proposed to be vacated is located on the northwest corner of Broadway Avenue and Thierman Road and adjacent to three parcels (35132.1320, 35132.1308 and 35132.1310). GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; RCW 35A.47.020 and RCW 35.79 BACKGROUND: On May 1, 2019, Grant Person, Sonrise Land and Pomajevich Investments, Char-Don & Associates and DKelly Developments, LLC, submitted a street vacation application to vacate the northwest corner of Broadway Avenue and Thierman Road. In August of 1985 the owner conveyed property to Washington State Department of Transportation (WSDOT) for work on Interstate 90. WSDOT conveyed the unused ROW to Spokane County one month later (September 1985). The City acquired the ROW in 2003 upon incorporation. In April 2016 a utility easement was granted to the City and WSDOT to cover the traffic signal system equipment on the corner of Broadway Avenue and Thierman Road. The owner recently discovered the portion of property was City ROW. The property owner is making a request for the following reasons: 1. The area proposed to be vacated is improved with pavement and maintained by current businesses using the area; 2. The City's traffic signal equipment is preserved in an easement established in April 2016; 3. The vacation will allow abutting properties to continue use of parking vehicles associated with business in area of ROW; 4. The street vacation will correct the inconsistency that represents no physical change. On June 18, 2019 the City Council passed Resolution 19-009 to set a public hearing date with the Planning Commission on July 25, 2019. The street vacation process is prescribed in 22.140 SVMC and conducted following the City's process of presenting three times each to Planning Commission and City Council. Staff will discuss the project and the process at the July 1lt' meeting. RPCA Study Session for STV-2019-0003 Page 1 of 2 RECOMMENDED ACTION OR MOTION: No action recommended at this time. The Planning Commission will conduct a public hearing and consider the street vacation on July 11, 2019. STAFF CONTACT: Karen Kendall, Planner ATTACHMENTS: 1. Application material 2. PowerPoint presentation RPCA Study Session for STV-2019-0003 Page 2 of 2 Or'�". STREET VACATION APPLICATION 1-1C111Spokane SVMC 22.140 Walley' 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509)720-5240 ♦ Fax:(509)720-5075 ♦permitcenterrespokanevallev.ore STAFF USE ONLY Date Submitted: Received by: Fee: PLUS#: File#: GAJ, Zig WO PART I - REQUIRED MATERIAL ,:.. w •**THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED* o . _ Z - W 92W Completed Application Form o U N H W W 2/Application Fee W M_ Notice of Application Packet(17.80.110)-Adjacent Property(ies) 0 r W Q a I/Written Narrative-A written narrative describing the reasons for the proposed street vacatio physical limits of the proposed street vacation and the public benefit of the proposed street vacattor'I ,_ c - Written Correspondence from Utility Purveyors •� •.'r.'...a.J U co 0 ..,.+;'.:t y ✓Telephone vCable ✓Ellectric _Other(Specify)_ 0.. CO ✓%/ater District Fire District ./has Utility ;.,ewer Utility Vicinity Map-Submit a map showing the general area of the proposed vacation gRecord of Survey, if available, for the subject street and/or alley proposed for vacation, and abutting properties, streets and alleys within 100 feet on all sides of the proposed vacation. 2/Written Evidence of all easements, allowances or reservations, if available, pertaining to the street and/or alley proposed for vacation. PART II - APPLICATION INFORMATION APPLICANT NAME: �U Y"V1 A L- c\ EIA y it eek'' q -1-14L. ( LA i"` (`:' L 0e) , cl J J / MAILING ADDRESS: I v L 3— .4tie_ CITY: S p J K Gi A STATE: 0"A- ZIP:r912- 02- { � 22 IA —too i 1•ckw tC $.1-0,-- lcc J . Co,.--t t'�1-� l'k - to ' FAX: CELL: EMAIL: PROPERTY OWNER NO. 1: G r- et 1- Per S 6-' /I MAILING ADDRESS: LAI LS 5o,,1-1-1 Rou,i d ` S 0.6. CITY: Set,t( f '��t �r�tlt�/ STATE: yR"v4 ZIP: T 2- 0 6 PL-15 V1.0 Page 1 of STREET VACATION APPLICATION *WaneValley . a'Y1yt"t",ag,,.'t'",$G.n—" U/°r`'` .`I.G.G>✓a'i PHONE: .1_1 C 35-3 S FAX: CELL: EMAIL: (( i PROPERTY OWNER NO.2: 5,1)^ `SG LCtnGA Pow' GAJ C' v t C 1 -1-''''51-0,1e,--/c 51-0,ien..-/c MAILING ADDRESS: 2 vl 6— 'r``; ' ' 2-4 CITY: J q zo - .�c q STATE: ZIP: ra,,..+pdc<64 ;(. Ccads PHONE: 5N-222 2-25•E FAX: CELL: EMAIL: If more than two(2)abutting property owners,include information and written authorization on a separate sheet of paper for each. NAME OF STREET/ALLEY TO BE VACATED: E 13cc"c cL{ VEL at"j DIMENSIONS OF STREET/ALLEY TO BE VACATED: SC-e c� t Ga G' (6,5,7l e Cc:'1pf'o~A SQUARE FEET OF STREET/ALLEY TO BE VACATED: i' c 8<<, 2.,. N c. F ABUTTING TAX PARCEL NO(S).: 3-313 2 .131.C } 3,313 2 f T-S t 2 t 3,Z0 ADDRESSES OF ABUTTING PARCELS: t IE t e C Li Ct y 6 ZONING DESIGNATION: Yr o S' /`' THE FOLLOWING IS CRITERIA EVALUATED BY THE PLANNING COMMISSION IN FORMULATING A RECOMMENDATION TO THE CITY COUNCIL.ON A SEPARATE SHEET OF PAPER THE FOLLOWING QUESTIONS SHALL BE ANSWERED IN A DETAILED MANNER; 1. HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC? 2. IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC ACCESS? EXPLAIN. 3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC? EXPLAIN. 4. How WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAIN. 5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES.(SPECIFY)? 6. DOES THE RIGHT-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES(SPECIFY)? PLEASE NOTE: PER RCW 35.79.040(TITLE TO VACATED STREET/ALLEY),THE PROPERTY WITHIN A PUBLIC STREET OR ALLEY VACATED BY THE CITY COUNCIL SHALL BELONG TO THE ABUTTING PROPERTY OWNERS, ONE-HALF(1/2)TO EACH. THEREFORE, PROPERTY OWNER SHALL BE REQUIRED TO SIGN THE STREET VACATION APPLICATION. PL-15 V1.0 Page 2 of ` Y 'ane STREET VACATION APPLICATION Valley PER RESOLUTION 07-009 OF THE CITY OF SPOKANE VALLEY,THE CITY COUNCIL HAS THE AUTHORITY TO IMPOSE CHARGES FOR STREET/ALLEY VACATION PURSUANT TO RCW 36/9.030 PART III - AUTHORIZATION (Signature of owner or authorized representative) km T A`'1 W>e , (print name) swear or affirm that the above responses are made truthfully and to the best of my knowledge. — o'f 't — 1.`=\ (Signature) (Date) NOTARY STATE OF WASHINGTON) ss: COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this a4 day of M Ptd ,20 16;k NOTARY SEAL Oju34" NOTARY SIGNATURE ;,�`�g(AL � Notary Public in and for the State of Washington o •4r},.EXP°R,'•f' OTARy - _,_ Residing at: (C'9 0-1 s 8T‘A T.\\ 0 PUBLICyg,'o,= Spov..ANE VAu..e4 LAD A GS2o& Ofi WAS'A\ ` a ► `N ba-3 `` My appointment expires: S oZ o LEGAL OWNER NO. 1 AUTHORIZATION: If the applicant is not the legal owner(s), the owner must provide the following acknowledgement; , owner of the above described property do hereby authorize to represent me and my interests in all matters regarding this application. LEGAL OWNER NO. 2 AUTHORIZATION: If the applicant is not the legal owner(s),the owner must provide the following acknowledgement; PL-15 VI.0 Page 3 of PROPERTY OWNER No. 3: Char-Don &Associates AAmLImmAoumsSS: 15UVVoatPinonDrive CITY: Green Valley STATE: AZ ZIP: 85614 E8OAIL: cdporfrav@gnnaU.00m PROPERTY OWNER No.4: DKelly Development, LLC MAILING ADDRESS: 10126 South Hangman Valley Road CITY: Spokane STATE: WA ZIP: 99224 liamt@storhaug.com From: Dennis Kelly <denniskelly@outlook.com> Sent: Tuesday, May 21, 2019 9:57 AM To: liamt@storhaug.com Subject: Broadway Property Vacation To Whom it may concern. In matters regarding the property vacation at 6525 E Broadway, Zip's Drive in, Storhaug Engineering shall represent my interest in any proceedings pertaining to said a vacation. Respectfully, Dennis Kelly DKelly Develoment LLC liamt@storhaug.com From: Grant Person <jgrantperson@gmail.com> Sent: Friday, May 17, 2019 7:02 PM To: Alex Durkin Subject: E.6615 Broadway vacation application Alex I am the owner of Sonrise Land, LLC. Sonrise Land owns an undivided 50%interest in the above property. Pomajevich Investments Co. ,LLC owns the other 50% undivided interest in this property. I authorize Storhaug Engineering, Co.to act on my behalf to process the Broadway. ave. Right of Way partial vacation application. Best regards, J. Grant Person Chester Self Storage 4128 S. Bowdish Rd. Spokane Valley, WA 99206 Ph: 509-413-1643 Cell: 509-993-3576 1 Page 1 of 1 BUSINESS INFORMATION Business Name: SONRISE LAND LLC UBI Number: 601 774 217 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 2104 E CHERRY TREE LN, SPOKANE, WA, 99203-5019, UNITED STATES Principal Office Mailing Address: 2104 E CHERRY TREE LN, SPOKANE,WA, 99203-5019, UNITED STATES Expiration Date: 02/28/2020 Jurisdiction: UNITED STATES, WASHINGTON Formation/Registration Date: 02/24/1997 Period of Duration: 02/24/2030 Inactive Date: Nature of Business: REAL ESTATE,REAL ESTATE MANAGEMENT, DEVELOPMENT, CONSULTING REGISTERED AGENT INFORMATION Registered Agent Name: J GRANT PERSON Street Address: 2104 E CHERRY TREE LN, SPOKANE,WA, 99203-5019, UNITED STATES Mailing Address: GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL DIXIE L PERSON GOVERNOR INDIVIDUAL J GRANT PERSON https://ccfs.sos.wa.gov/ 5/17/2019 liamt@storhaug.com From: Parfrey <cdparfrey@gmail.com> Sent: Tuesday, May 21, 2019 8:24 AM To: liamt@storhaug.com Cc: Alex Durkin Subject: Re: 18-205: Person Broadway Legal: Authorization Attachments: image004.gif; image001.png; image002.png; image003.gif Yes, I approve. Charlie Parfrey On Tue, May 21, 2019, 8:11 AM <liamt@storhaug.com>wrote: Good Morning Charlie, As I'm sure you're aware,we're currently working with Grant Person to submit a Street Vacation Application to the City of Spokane Valley. Although Person has already received authorization from you for HIM to proceed with the application,the Valley is also requesting that WE get authorization from you to act on behalf of Char-Don& Associates to process the Broadway Avenue partial Right of Way vacation application. If you could reply to this email with the said authorization,that should suffice for our submittal. Please let me know if you have any questions. Thank you, Liam Taylor, Planning Intern civil engineering I planning landscape architecture I surveying 510 east third avenue I spokane,wa 99202 p. 509.242.1000 I w.www.storhauq.com LI ❑" 1 liamt@storhaug.com From: Jim Pomajevich <pomajevich@gmail.com> Sent: Friday, May 17, 2019 6:24 PM To: Grant Person Cc: Alex Durkin Subject: Re: Request for information regarding STV-2019-0003 (Broadway Avenue street vacation) Alex this letter will serve to authorize Storhaug Engineering, Co. to act on behalf of Pomajevich Investments Co to process the Broadway Ave. partial Right of Way vacation application. If you need further information please let me know. Later, Jim Pomajevich, Manager of Pomajevich Investments Co LLC. On Fri, May 17, 2019 at 4:02 PM Grant Person <jgrantperson@gmail.com>wrote: Alex---- I'm out of town( back East)for a few weeks and will be home the 3rd of June. Do you have the contact info to make contact with Charlie Parfrey and Dennis Kelly? I'd like not to hold things up due to my being out of town. Jim Pomajevich and I will each send a letter to you "authorizing Storhaug Engineering, Co.to act on our behalf to process the Broadway Ave. partial Right of Way vacation application". We'll need the same letter from Parfrey as well as Kelly. Forwarded message From: Karen Kendall <kkendall@spokanevalley.org> Date: Fri, May 17, 2019 at 1:26 PM Subject: Request for information regarding STV-2019-0003 (Broadway Avenue street vacation) To: liamt@storhaug.com <liamt@storhaug.com>, jgrantperson@gmail.com <jgrantperson@gmail.com> CC: Alex Durkin <alex@storhaug.com> Liam and Grant, I have reviewed the street vacation request for Broadway Avenue and need the following items clarified or submitted prior to continuing processing of the application. 1. Applicant Contact: Seeking clarity as to whom the main contact will be. I have received inquiries from Liam at Storhaug Engineering, while the application lists Grant Person as the Applicant, main contact. Please verify, if Grant is to be considered the main contact for all correspondence. If not, authorization from all three property owners and Grant Person shall be submitted for Storhaug to act on behalf. 2. Legal Owner Authorization: Need authorization from Sonrise Land and Pomajevich Investments to allow Grant Person to act on their behalf in processing application. 3. Notice of Application: Parcels 35132.1310, 35132.1308 and 35132.1320 are directly abutting area to be vacated and a stamped addressed envelope is needed. The City received stamped addressed envelopes for parcels 35132.1309, 35132.1307 and 35132.1343 addressed to the tenants (current business owners) not owners/taxpayers as required. See updated information below and determine if you would like to submit 3 new stamped addressed envelopes or update existing envelopes at City. Owner of parcel: 35132.1310 Owner Name: SONRISE LAND & POMAJEVICH INVESTMENTS Address: 2104 E CHERRY TREE LN. SPOKANE. WA. 99203-5019 Owner of parcel: 35132.1308 Owner Name: CHAR-DON &ASSOCIATES Address: 150 W PINON DR. GREEN VALLEY. AZ. 85614 Owner of parcel: 35132.1320 Owner Name: DKELLY DEVELOPMENT, LLC Address: 10126 S HANGMAN VALLEY RD. SPOKANE. WA. 99224 If you have any questions, please do not hesitate to contact me. Best regards, Karen Kendall I Planner 10210 E.Sprague Avenue I Spokane Valley,WA 99206 (509)720-5026 I kkendall@spokanevallev.org Spulane This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. Best regards, J. Grant Person 2 Chester Self Storage 4128 S. Bowdish Rd. Spokane Valley, WA 99206 Ph: 509-413-1643 Cell: 509-993-3576 Jim Pomajevich pomaievich@gmail.com 3 Page 1 of 1 BUSINESS INFORMATION Business Name: POMAJEVICH INVESTMENTS CO, LLC UBI Number: 602 265 966 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 8919 NW LAKECREST AVE, VANCOUVER,WA, 98665-6516, UNITED STATES Principal Office Mailing Address: PO BOX 65765,VANCOUVER, WA, 98665-0026, UNITED STATES Expiration Date: 01/31/2020 Jurisdiction: UNITED STATES, WASHINGTON Formation/Registration Date: 01/27/2003 Period of Duration: PERPETUAL Inactive Date: Nature of Business: REAL ESTATE REGISTERED AGENT INFORMATION Registered Agent Name: JAMES POMAJEVICH Street Address: 8919 NW LAKECREST AVE, VANCOUVER,WA, 98665-0000, UNITED STATES Mailing Address: PO BOX 65765,VANCOUVER,WA, 98665-0000,UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL JAMES POMAJEVICH GOVERNOR INDIVIDUAL DONNA POMAJEVICH https://ccfs.sos.wa.gov/ 5/17/2019 is o'hau civil engineering planning landscape architecture surveying BROADWAY AVENUE AND THIERMAN ROAD VACATION PROPOSAL QUESTIONNAIRE 4/24/2019 SE PROJECT NUMBER: 18-205.2 SUBJECT PARCELS: 35132.1307 35132.1308 35132.1309 35132.1310 35132.1320 35132.1343 1. How does a change of use or vacation of the street/alley improve service to the public? A vacation will not be noticed by the public. The current road alignment in the area will be unaffected. The benefit to the public is in providing clarity to the record and enabling existing and active businesses to continue their use of the subject parcels. 2. Is the street or alley no longer required for public use or public access? Explain. Right-of-way in this proposed vacation area is not required and was never used or even considered as right-of-way. The area was thought of as part of the subject parcels and the owners have used and paid taxes on the property accordingly. The alignments of Broadway Avenue and Thierman Road do not utilize the area to be vacated. 3. Would substitution of a new and/or different public right-of-way better serve the public? Explain. Substitution of a new or different right-of-way would not serve the public, as the right-of-way to be vacated does not and never has served the public. 4. How will use or need for this right-of-way be affected by future conditions? Explain. Thierman Road and Broadway Avenue appear to provide sufficient infrastructure for this intersection as currently configured. The right-of-way to be vacated has been considered to be part of the subject 510 E.3rd Avenue•Spokane,WA 99202 Page 1 of 2 509.242.1000 Fax 509.242.1001 •www.storhaug.com is orhau civil engineering planning landscape architecture surveying parcels and has not been considered to be right-of-way. There would be no change in use or need for this right-of-way on that basis. 5. Will easements be retained for all underground and/or overhead utilities?The requested vacation is located in the service area of what utilities (Specify)? The owners of parcel 35132.1310, Sonrise Land, LLC and Pomajevich Investments Co., LLC,granted to the City of Spokane Valley and the State of Washington an utility easement 6488175 on 4/15/2016. At this time all parties thought the property belonged to Sonrise Land, LLC and Pomajevich Investments Co., LLC. Easements may be retained for underground and overhead utilities as needed and requested. The right-of-way to be vacated is within the service areas of the following utilities: - Avista Corporation - CenturyLink - Comcast - City of Spokane Water and Sewer - Spokane Valley Fire Department 6. Does the right-of-way include stormwater drainage facilities (specify)? The right-of-way does not include stormwater drainage facilities. It is mostly pavement. 510 E.3rd Avenue• Spokane.WA 99202 Page 2 of 2 509.242.1000•Fax 509.242.1001 •www.storhaug.com is orhau civil engineering planning \ / landscape architecture surveying BROADWAY AVENUE AND THIERMAN ROAD VACATION PROPOSAL NARRATIVE 4/25/2019 SE PROJECT NUMBER: 18-205.2 Project#r-f-±„901(1--ca-v_ SUBJECT PARCELS: 35132.1307 RECEIVED 35132.1308 MAY 0 1 2019 35132.1309 35132.1310 COSV PERMIT CENTER 35132.1320 35132.1343 SUB # REV. # AREA TO BE VACATED: See attached legal descriptions. NARRATIVE: On 8/13/1985 Dougherty granted to the State of Washington that land described in Quit Claim Deed 8508130033, attached. On 9/23/1985 the State of Washington granted to Spokane County that land described in Quit Claim Deed 8509230166, also attached. This appears to have been a "Turn- Back," but was not granted to the previous owners of the land. Instead the land was "turned-back" to the County. The land owners have continued to this day to use and pay taxes on the property as though it had been returned. The subject parcels are occupied by active businesses. They rely on their current access points, parking and driving areas, and current configurations. The purpose of this proposed vacation is to bring the legal status of the land into alignment with its current and long-term use, and to return to the property owners that land which should have been "turned-back" on 9/23/1985. PUBLIC BENEFIT: The public is benefitted in the following ways: 1. Active community businesses that use the area that is to be vacated will be allowed to continue their current operations without changing the configurations or operations of their sites 2. The public record will more accurately reflect the real conditions and usages of land in this area, reducing confusion 510 E.3rd Avenue Spokane,WA 99202 Page 1 of 1 509.242.1000 Fax 509.242.1001 •www.storhaug.com •vu 8503230166 ? . 774 PAGE 1267 QUITCLAIM DEED /' air IN THE MATTER OF SR 90, Spokane to Greenacres. Q ‘azd� a Cvow� 5t ` KNOW ALL MEN BY THESE PRESENTS, that the STATE OF WASHINGTON, for and (A/1L 64 c-ef in consideration of clearing title hereby conveys and quitclaims unto SPOKANE COUNTY, • cilr?i55-- a political subdivision of the State of Washington, all Its right, title and interest, in and ton 14;140-4141 to► SP the following described real property situated in Spokane County, State of Washington: ,, a, „� C Gr vfl ,, sfa All that part of Section 13, Township 25 North, Range 43 East, W.M., shown hachured on Exhibit"A"attached hereto and made a part hereof. The grantee herein, its successors or assigns, shall have no right of ingress and egress to, from and between said SR 90 and the lands herein conveyed; nor shall the grantee herein, its successors or assigns, be entitled to compensation for any loss of light, view and air occasioned by the location, construction, maintenance or operation of said highway. The specific details concerning all of which may be found on sheet 23 of that certain plan entitled SR 90, Spokane to Greenacres, now of record and on file in the office of the Secretary of Transportation at Olympia, Washington, bearing date of approval April 21, .1953. The grantee as part consideration herein does hereby agree to comply with all civil rights and anti-discrimination requirements of RCW Chapter 49.60,as to the lands herein described. The lands herein described are not required for State highway purposes and are conveyed pursuant to the provisions`of RCW Chapter 47.12.063.. Dated at Olympia, Washington, this J7" day of , 19 ES—. :x:ise T'x Poi on " Sate Amt. Pd. �y� 314014STATE OF WASHINGTON if'.E "SKIP" CHILBERG Spokano County Trow. • DUANE BERENTSON Secretary of Transportation • I' cEo aP;,r f ciitn7 Please return to: SLP, 13 II 22 Hn '8J STATE OF WASHINGTON l..'"' ` ^orrAHUE: Department of Transportation•KF-01 . (,ti00 Land Management Office DLPUT'r 's12/` Transportation Building Page 1 of 2 I. YOUNG Olympia, Washington 9£3504I.C. !1 6 32-04154 • APPROVED AS TO FORM: Vfi'• . 774 i'rct:1;28 • By: .4,t Assista,t Attorn• General REVIEWED AS TO FORM: Cdt By: , �-- Spok- e oun y 9/9/15 STATE OF WASHINGTON ) • l )t ss County of Thurston On this 11 oci day of , 19 CJc3r,before me personally appeared DUANE BERENTSON, known to me as the Secretary of Transportation, Washington State Department of Transportation, and executed the foregoing instrument, acknowledging said instrument to be the free and voluntary act and deed of the State of Washington, for the uses and purposes therein mentioned, and on oath stated that he Is authorized to execute said Instrument. Given under my hand and official seal 11 (•-y and year last above r itten. :sa it Gr /' v0tflj � ,�,{ Notary Public In and, or the State y {� ' Y�'i' of Washington, res doing at Olympia. .•� 3 t)V.1/ � .1:r• _dodo •,h'tf`.1Lil V� ,��,.i�,. dodo • • • Please return to: STATE OF WASHINGTON Department of Transporlation•KF-0l L,,nd Management Office Transportation Building Olympia, Washington 98504 Page 2 of 2 l.C. II 6-32-04154 • T.ZSN.LR.43E,W,M• \\\V a f. • Po,e I y \SUPERSoHp Stcton as.GOTP`�iron97,00 Saparaeaad0 ; / /'\ ?S9� . la,aheet 5.1.5'ihic plan. © \ Rj ` ',s1A0© . ., '..i'' < 10 !di)92',/ . ,,, ,,,, .\\V\**, ,,e4 .,.°,„ " '4,-.... 4 . • .,,,,,,,,40.y fro f 'o /A'�o o\• • 1` T ',N �.@'O/,r% v �:e® �\\V\,Qr�ill t. 6 e'3', n't°C ..',ao°jaa£•=� `� q\�q,y . 10, tet (( ;' /��t• �'?,:: #11„ sP" �sf \ /� /1 P`'Cli°'r°"3. `"'.Iw?� i t / t?>'a�, �� .0' \V >c4 me,,,O. 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L • C"��i . / • .0 q.. /Z 4-","•..:43!:4#ta,.\\'\•t- 7%44'NV ' ... 1 !..Z.•" 1;0: CO ',//‘ / ' 74111::—.S..\''' s 44. •''‘A -.',.. -''s it>Jill .K.,„.,,s,ar.., . . , \ .. ..... v , , - df• -!' * • v2; itx.N\Ct„ f.:1). S' s' ..\'' :.'.. ` im• . � �A. f • •W . • *Is / •\ ` a p}O � • s '. r4 - C.. . S ! 1- O Q . ..1's'� .:ifs � nS -2•Z.w •• i./% ;� � a % w �rV�/ / by d a aV ` :, \1_,.. Y• �t 17Ziswe. k�i /, \ •3 o,c2c. .\--„,s, 0 • o 44 od•� • • X S 440 , �, • v \ • \ 1;% C� 5 ' 't•„r i..' Excise Tax Nd 0� t� ,!��} _ , r/ `+.d a L� -A.G�8tsd1 D.E."5Kie",ogi,,gkc'.• 8538130033 • •' • Project lap. 65066U 11):,,,,rd4 S , unty Treas. ' :4 Parcel••No..'6-02600 W-: 0/6.&/"..1." . : • ••F-1-i)0-6(129)282• = . c:,,,,75.• I f'z 5 :..QUIT CLAIM DEED . In the Matter of State'Route SR 90, Spokane to'Greenacres • .KNOft,ALL MEIINBYTHESE PRESENTS:That the Grantor s,•TEDDIE L. WINSLOW and - ' TAMARA L. DOUGHERTY,-.the joint executrices of the estate of FLORENCE C'. . ,DOtJGHERTY; and TAB DOUGHERTY and DIANA R. DOUGHERTY, husband and .,wife;._ . ' 'for andi)z consideration bf the sum of Ten and.no1100 ($10.00) Dollars • and other valuable considerations • ' : - . ' convey... and d -quit claim . to the State of Washington'-the following described real estate, and any :after-acquired interest therein;situated in Spokane ' - • County,.in the State of Wash- ington, to the same extent'and purpose as If the rights hereingranted had been acquired under Eminent • Domain statutes-of the State of Washington: .- • • That portion of the following described Parcel "A” lying southeasterly of a line parallel with * and 30 feet northwesterly from the TR.Line Survey of SR 90,Spokane'to Greenacres. . • •t.'i 'IP13. ARCEL"Aus ... `ill �.•,..5 s'r r1'Lots 2, 3, 4, 5 and 6 lying. northerly of the property, line of Broadway Avenue, as. . • .established on April 20, 1955, and Lots 17 and 18; all in Block .3•of PIPER'S ' • •SUBDIVISION OF BLOCK:13. OF'EAST SPOKANE,,as per plat thereof recorded-in • • '1! •Valor ie"M"of Plats,page 7;TOGETHER WITH the vacated alley adjoining said lots by - '.`••1.1_.iipersition of law; EXCEPT the East 10 feet of said Lot 18; AND EXCEPT that portion ••''./i";,' conveyed to the State of Washington for highway purposes; • :. , ' 'hots 13 =arid• 14 in Bleck 3 :of PIPER'S SUBDIVISION OF BLOCK'*13 OF EAST SPOKANE, as per plat thereof recorded in Volume"M" of Plats, page 7; TOGETHER WITH that part of the North half of the vacated alley lying South of and adjoining Lot • 13; ' : Lots 15 and 16 •in Block.:3 of PIPER'S SUBDIVISION OF BLOCK 13 OF EAST ' . 'SPOKANE, as per plat thereof recorded in Volume"M" of Plats,'page 7; TrOGETHER ' WITH the North 7 feet of vacated alley adjoining said lots on-the South. . . •• - •Also;the grantors'herein:convey-and grant:to the State of Washington all rights of.ingress • - and egress.(including.all existing; future or potential easements of access, light,•view and • • r air):to, from and between SR 90,,Spokane to Greenocres acid=the remainder of said'Parcel • : "A;':except that the grantors'reserve.for themselves their heirs;successors or assigns,Parcel ' right of reasonable access to the"B".line connection of said Highway at•Highway Engineer's -. -Station B6+40:Lt.; •' • . ' • • ' •-AND ALSO.it is understood and agreed that the State shall construct on its right of.way an - - '-OFF and ON•approach'not to exceed 30.feet in width for the'usenecessary•to the normal . ,..operation of,a,commercial-es#abiishrrtent at or near Highway.Engineer's Station B6+40 Lt,on•. the"B"line connection of said highway and to which off and•on approach only, the grantors, • their heirs,'successors'or assigns, reserve.a right of'reasonable access for that purpose only,•• . ., which APPROACH shall be maintained between the-right of.Way line-and the shoulder:line ' ' - •of said (highway;•frontage road, "B" Line of.said highway) by the grantors, their. . heirs,successors.or'assigns. .• 'The:grantor herein further:.grants to the State of Washington, or its agents, the right to'' • • enter.upon thegrantor's remaining lands where necessary to construct,said approach:: • :.-The lands being herein conveyed contain an area.of 4,360 sq.ft., more or less,the specific' • •• details concerning all of-which are to be found within that.certain map of'definite location now of record'and on their! tha office:of the Secretary of Transportation at Olympia, Washington'and:bearing date of approval April 24,1953;revised • .-. : • .,,-:•The-undersigned.grantors h=ereby authorize and instruct the State of Washington to pay the'• ' :entire consideration to Tab:Dougherty and Diana R. Dougherty. and direct-that"the:State •' voucher;in:payment thereof shall.be executed•only by said'Tab Dougherty and Diana R. Dougherty: . .. . • . . . . . • ..The undersigned agrees to sur render.occupancy.of the lands herein conveyed upon'receipt of: - paymen#.: • .. .• • Parcel No6-=2600 . - 4wt,':10U. P„GE_R. @ • • it is understood and agreed that the delivery of this deed is hereby tendered and that the terms • and obligations hereof shalt not become binding upon the State of Washington unless and until accepted and - approved hereon in writing for the Washington State Department of Transportation, by Its Secretary or his• duly authorized representative. q -i Accepted and approved ./4.Lit. I t t 4.S Date tis t9Ah clayo Sul' 12S , rill 'iTO p�S'rTQT3: /�(� ..lid(•�'1+../�-'i i / DEP ZTttr y ?LSPO' A ON tc L. Y") ' 16,,, , • By • . . -- mars ou A..S' * ., TitIe, MET sure OP WAY A;pal . ,.' Tab Dougherty b � (Individual acknowlcd ent form) l 4 .g ,;6„ r14 ^ . Diana R. Dougherty „./ If <7 ir • STATE OF WASHINGTON, • y ss. County of,...S.po1 rs. - 1, the undersigned,a notary public in and for the State of Washington,hereby certify that on this ' 9.t<h.. day of....,.7ui.Tq-,.19.&S • - persortally appeareribefore me ,..Z' 5i. , .,,k...,yin.,,1:),c 4a Tamara L, Daugherty, Tab Dougherty, and. '^,,,,••,. to me known to be the individual • described in and who executed the foregoing hist rnenj7t^ntu�a'c knowledged that th,...y signed and scaled the'same as ... .h .ix free ric;.rtx,_•;,z•2-trp” t;,' and deed,'for the uses and purposes therein mentioned, - =;'• t•4;;j- ch.4, Given under my hand and official seal the.day and year la a�t above written. ..:7.;" :••••.-'`e' Notary Public In and for h Statc of 1tashingtor( Residing ....S.pt}katn. • (Corporation acknowledgment form) STATE OF WASHINGTON, . County of .. . " • .. - . . On this •- day of • before me personally appeare': • and to me known to be the . and - " • of the corporation=that executed the forego fag'instrument,-and acknowledged said Instrument to be the • • ' free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that _' • • - authorized to execute said instrument and that Ow seal.affixed Is the corporate seal.of said corporation. • ' Given under my hand and official seat the day and year last above written. . • • • Notary Rrbltc In and for the State of W thingron, . Restdtngat - . • • . , y � . m . • i, I?E a uE Srt Oi:T.`?1!?d_ R,IERtC4tt 1110.•• 4 A • O " • ,,U • e. n >. ar . . . 4111-11104 E,OOW iWE... - " 8'..• , , • w I- Q ..t • z a. •• AUDITOR . w' • to W vi :6PfrtNAHE COOKY.WASH.': v o C DEPUTY • c) • "• a 0 , P,}f�oa - • ix • N A • a A • to 4 .�. N W T Q rt T'..• 0� „ c. y Ftiosuor �i,/v l'p S.,1: ./...4-1. o Jur'.r'e,k.u3 tc ihq" CC d hi 1 CC o, i2 a r' L 1 1ili 1 I I Sc0.I¢I"=50 • Av r✓. :ErR 5 e3'.+a'ol"E I Mac R H Used I , is[.10 237.57 ' ' ' p/ / E nl I 40 '?o, $`',.4.5.54c. 0'•o:':-7 t :1 h i3 I4 I5 i�� 1 I1 n;t T. IOs.52' I I 1- I I c+R.R. l: / L 6 1 99.?a ( I I ..( S .R.Sp.Iw f 3.?0' �(' ,.I -f.Y' .1.,. I I are ., �r W.o.15H.Mon writ,copp<.-'-,rc. nlr� --�__-- ^ _- �.s- SURVEYORS CERTIFICATE 171.; 0 1 N C, $ _,7,,`_r, , ! n to i rt r t tp'•. .42' This map correctly represents a survr j made by me. 1 1 ; S.i OR.Sr,k.. , a I I t- 1 PROpgRTY UnC ' o/ or order my direction in conformance with the. r, i fa .,i e o I =�7• ra � - r,° reclwrvments of the Surue+�. Recon:ling a Act t the. R s 75.00 1 ;: I T, a9.7c' 30; request of Tab Daughert,,c;r n„ I i I 1. d. 30'00.60" "�i eir.:) 1 ...1- ��-._VoLiZ1 ' ?6.. oz'_..-. S2soj !V Rc 250.00 �1j-�^L 1 y• .v,`~. e 'L3'St"eT= aa.99" ••.- .o N 8 ., Fo„nd'Lon 5.110.0.-01,.. 0 cutx on 5.dw+lk O p L. 130.90 •ir 4,,r5rry (�90� ,i tER Sf2OAt7WA`e AVE, I _ / P.E. rrY 31 1 5 09.44-'z •a f 0 0 PROPERTY DESCRIPTION a All that part of Lots Z,3,45 and G tying Northerly of the present Northerly line i F of Bd roaAvenue;all of Lots 13,14,15,IG,and 17 i and that part of Lot IS lin3 1 Northerly of thepresertt Northerly line.of wayAverue EXCEPT the East 10feett thereof conveyed to the State of Washington;all i,Block 3 of Piper's Subdivision of x Block 13 of East Spokane,according to plat rewrdedin Volume Mrof Pl413 pAse7, SPOKANE DIESEL INC. in Spokane Count,Washington; PROPERTY SURVEY IN THE Together with that portion of vacated allaj in said Oicrk3(ging between said lots and Iging W I/Z OF SEC-I3,T25 N.,R 43 E.W.M. Wasterky of the.Menther(y lineof(3roadway Avenue,wiieh attaches&j operation of law; SPOKANE COUNTY, WASHINGTON G EXCEPTING from all of+heabwe land that portion conveyed totke$tateof Washington CLARENCE E.SIMPSON ENGINEERS,INC. N.909 ARGONNE ROAD PH:926-1322 for SR 90,Spokaneto Oreenacrrs,by Deed recorded Au9wt13, 555 as Auditor's SPOKANE,WASHINGTON 99212 N . .508130033. DRAWN 910 C.F.S. III 0/69 vnNECT.nowawi.r..5 a CHECKED BY: 12tsc 1 rc.1 11.31o. • J_____ N1/2 Scc.l3 .. — j - ? _�. i u I'25N.,RNG 43 f:.\Y.M , • !I ,. r. a .... . NMI il IN' iiI! i MEM• _ _ • .... . k., ....an, L.....L... , .' S 5 -_ \s' . :.-- ..- . —,.... 4 iii . , &ryvirk[ ;: : J 7 1=1, L. ,.: ,_ ,.. -: ........_„• _ .1 Fi:: .-. ,� / aFP'2 1 `µ`\ Laycr - ., tisiiiii; LJL 'M`:,,,'T • 4l5S MVO fs.1YV�/Min • 11 ```` . ,., „-i _ Io//// _ �':9q1� ,re =tea 15 - f ...... ....w. I ,.". ;.., ,,..,... J � . rtr pal.necaumr�� r ,.I � i LEGAL DESCRIPTION RIGHT-OF-WAY, PORTION I A parcel of land within the Southwest Quarter of Section 13, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington, said parcel being a portion of Lot 6 and the West 27 feet of Lot 5, together with the south half of the vacated alley lying adjacent and contiguous to said lots in Block 3 of Piper's Subdivision of Block 13 of East Spokane, Book M of Plats, Page 7, records of Spokane County, said parcel being a portion of the land described as "shown hachured on Exhibit"A""of Quitclaim Deed, Book 774 of Deeds, Page 1267, Instrument 8509230166, Recorded 09/23/1985, said parcel being more particularly described as follows: Commencing at the Northwest Corner of Parcel B as shown on the Record of Survey, Recorded in Book 71 of Surveys, Page 78, Records of Spokane County, Washington; Thence S0°30'37"W along the West Line of said Parcel B, a distance of 184.25 feet to the Northerly Right-of-Way Line of the W/E Line as shown on Sheet 23 of 25 of SR90, Spokane to Greenacres,Washington State Department of Transportation, Right-of-Way plans, Approved April 21, 1953; Thence along said Northerly Right-of-Way Line, along a non-tangent curve to the right, the center of said curve bears N22°18'08"W, with a Radius of 439.00 feet, a Delta Angle of 9°29'04", an Arc Length of 72.67 feet, and a Chord of S72°26'24"W, 72.59 feet to the West Line of said Lot 6 and the Point of Beginning; Thence continuing along said Northerly Right-of-Way Line, along a tangent curve to the right, with a Radius of 439.00 feet, a Delta Angle of 5°25'20", an Arc Length of 41.54 feet, and a Chord of S79°53'35"W, 41.53 feet to the Northerly Right-of-Way Line of the B Line as shown on Sheet 23 of 25 of SR90, Spokane to Greenacres,Washington State Department of Transportation, Right- of-Way plans, Approved April 21, 1953 Thence along said Northerly Right-of-Way, S88°44'24E, a distance of 40.82 feet to the West Line of said Lot 6; Thence N0°30'37"E along said West Line, a distance of 8.19 to the Point of Beginning. Containing 153 Square Feet of land more or less. le `. :� r ` ' ic :0 48373 .'c' LU =t k 4ki:GiSi > 4 L Lal CO kt , c rtt. •o ¢^ . 5, 03 03 c �� v � �� 8m�� K -'��---��8Y�� 8 EXHIBIT A PORTION OF BLOCK3, PIPER'S SUBDIVISION OF BLOCK 13 OF EAST ��E, BOOKM � PLA..TS, PAGE 7, SECTION 13, TOWNSHIP 25 NORTH, RANGE 43 EAST, W.M., SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON NORTHWEST CORNER OF PARCEL B ___ ___ ___ __— —__ ___ ___ / | I | / | | / / | / / | APN 35132.1310 / / APN 3�3l1�0 APN 35132.1320 // v' ^/' _ ___- _____ ___ NORTHERLY RIGHT—OF—WAY I // i WESTERLY R|CHT—OF—WAY LINE OF THE TR LINE L / -BROADWAY AVENUE -- / -- NORTHERLY RIGHT—OF—WAY LINE OF THE B LINE HACHURED AREA AS SHOWN ON QUITCLAIM DEED, BOOK 774, PAGE 1267 tozeAwweirow di:=Z:M=SZST,c:A.R4:MV- cT3 S' ,,,, ° ,,,,, k 4,4 -'5\e'l 1 , 6, , (,,,,,::r, i / w cn � stora g RIGHT-OF-WAY EXHIBIT VACATED RIGHT OF WAY8R0ADVVxYAND TH|ERKxAm civil engineering planning ' Cs, TCLAIM DEE sPOKANEVALLEY'VV4� � 5meast third avenue I spokane,washington 99202 DRAWN TAC DATE 04/22/2019 EXHIBIT 1 \ psoo.z^z.,mmr5opz4z.umz CHECKED TAC SCALE 1" = 100' PROJECT 18-205 / � ,� LEGAL DESCRIPTION RIGHT-OF-WAY, PORTION 2 A parcel of land within the Southwest Quarter of Section 13, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington, said parcel being a portion of Lot 6 and the West 27 feet of Lot 5, together with the south half of the vacated alley lying adjacent and contiguous to said lots in Block 3 of Piper's Subdivision of Block 13 of East Spokane, Book M of Plats, Page 7, records of Spokane County, said parcel being a portion of the land described as "shown hachured on Exhibit"A"" of Quitclaim Deed, Book 774 of Deeds, Page 1267, Instrument 8509230166, Recorded 09/23/1985, said parcel being more particularly described as follows: Commencing at the Northwest Corner of Parcel B as shown on the Record of Survey, Recorded in Book 71 of Surveys, Page 78, Records of Spokane County, Washington; Thence S0°30'37"W along the West Line of said Parcel B, a distance of 184.25 feet to the Northerly Right-of-Way Line of the W/E Line as shown on Sheet 23 of 25 of SR90, Spokane to Greenacres,Washington State Department of Transportation, Right-of-Way plans, Approved April 21, 1953 and the Point of Beginning; Thence along said Northerly Right-of-Way Line, along a non-tangent curve to the right, the center of said curve bears N22°18'08"W, with a Radius of 439.00 feet, a Delta Angle of 9°29'04", an Arc Length of 72.67 feet, and a Chord of S72°26'24"W, 72.59 feet to the West Line of said Lot 6; Thence S0°30'37"W along the West Line of said Lot 6, a distance of 8.19 feet to the Northerly Right-of-Way Line of the B Line as shown on Sheet 23 of 25 of SR90, Spokane to Greenacres, Washington State Department of Transportation, Right-of-Way plans, Approved April 21, 1953 Thence along said Northerly Right-of-Way the following 2 courses: 1. S88°44'24E, a distance of 52.51 feet; 2. Along a Tangent curve to the left with a Radius of 75.00 feet, a Delta of 12°41'44", an Arc Length of 16.62 feet, and Chord of N84°54'44"E, 16.58 feet to the West Line of said Parcel B; Thence N0°30'37"E along said West Line, a distance of 29.77 to the Point of Beginning. Containing 1,290 Square Feet of land more or less. oz.,,,,,:,::::, --__ e �a ,,,,-4,...1,,,,„ rr ?1 i , .:,--z,i, p tt 4i3's - ,' > t� �xtSTERk ¢ L T'%'' sf0`A`A L L A. 'C) t1,, /1 '� �� ' ^ R 0��rDB -��--- EXHIBIT A PORTION OF BLOCK 3, PIPER'S SUBDIVISION OF BLOCK 13 OF EAST SPOKANEBOOK M OF PLATS, PAGE 7, SECTION 13, TOWNSHIP 25 NORTH, RANGE 43 EAST, W.M., SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON NORTHWEST CORNER OF PARCEL B ___ __— __— / /| _ _ _ _ / |___ �APN 351321310 / / PN 35132.1308 APN J51321A | // q �'- _ _ _ / / ' NORTHERLY RIGHT—OF—WAY | / WESTERLY R|CHT—OF—WA�Y i LINE OF THE TR LINE / -BROADWAY AVENUE _— -- NORTHERLY RIGHT—OF—WAY LINE OF THE B LINE HACHURED AREA AS SHOWN ON QUITCLAIM DEED, BOOK 774, PAGE 1267 1;111i;04 °°":::411:1'.91' N �1— LINE OF THE W/E LINE A. L�/��/~ ' 55 � . � � -.^^.`�=^ ^ - ' _ ' stora lel CD g RIGHT-OF-WAY EXHIBIT�w VACATED RIGHT opWAY,BROADWAY AND T n|cnxxmciW|engineedno planning ~.- � landscape architecture surveying �pOKAwEvALLE�VVx� � 510 east third avenue I spokane,washington 99202 DRAWN TAC DATE 04/22/2019 EXHIBIT 1 �^ vsonzm�mvvfsm�mzzvv1 CHECKED TAC SCALE 1" = 100' PROJECT 18—�O5 � � �� LEGAL DESCRIPTION RIGHT-OF-WAY,PORTION 3 A parcel of land within the Southwest Quarter of Section 13, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington, said parcel being a portion of Lots 2, 3, 4, and 5, except the West 27 feet of said Lot 5, together with the south half of the vacated alley lying adjacent and contiguous to said lots in Block 3 of Piper's Subdivision of Block 13 of East Spokane, Book M of Plats, Page 7, records of Spokane County, said parcel being a portion of the land described as "shown hachured on Exhibit"A""of Quitclaim Deed, Book 774 of Deeds, Page 1267, Instrument 8509230166, Recorded 09/23/1985, said parcel being more particularly described as follows: Commencing at the Northwest Corner of Parcel B as shown on the Record of Survey, Recorded in Book 71 of Surveys, Page 78, Records of Spokane County, Washington; Thence S0°30'37"W along the West Line of said Parcel B, a distance of 184.25 feet to the Northerly Right-of-Way Line of the W/E Line as shown on Sheet 23 of 25 of SR90, Spokane to Greenacres, Washington State Department of Transportation, Right-of-Way plans, Approved April 21, 1953 and the Point of Beginning; Thence along said Northerly Right-of-Way Line, along a non-tangent curve to the left, the center of said curve bears N22°18'08"W, with a Radius of 439.00 feet, a Delta Angle of 9°09'06", an Arc Length of 70.12 feet, and a Chord of N63°07'19"E, 70.04 feet to the Westerly Right-of-Way of Thierman Road, the centerline of which is shown as TR Line on said Sheet 23 of 25; Thence along said Westerly Right-of-Way the following 2 courses: 1. Along a non-tangent curve to the left with a Radius of 280.00 feet, a Delta of 4°14'32", an Arc Length of 20.73 feet, and a Chord of S26°15'09"W, 20.73 feet to a Point of Reverse curvature; 2. Along a Tangent curve to the right with a Radius of 75.00 feet, a Delta of 54°25'53", an Arc Length of 71.25 feet, and Chord of S51°20'56"W, 68.60 feet to the West Line of said Parcel B; Thence N0°30'37"E along said West Line, a distance of 29.77 to the Point of Beginning. Containing 1,543 Square Feet of land more or less. lit N 1 A,v fir." , 'a ',,,. 4 Ai '., -,, -, r C ©.t 483'3 ` 4> , N. ? t GIST GRt' J" , '>,, ©r'%'a� f04/`A L L Abp c"i.,.',FAWN rf/I RIGHT-OF-WAY EXHIBIT A PORTION OF BLOCK 3, PIPER'S SUBDIVISION OF BLOCK 13 OF EAST SPOKANE, BOOK M OF PLATS, PAGE 7, SECTION 13, TOWNSHIP 25 NORTH, RANGE 43 EAST, W.M., SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON NORTH WEST CORNER OF PARCEL B / APN 35132.1310 / c)/ APN 35132.1308 0P APN 35132.1320 I / _ �P I I <$-. NORTHERLY RIGHT—OF—WAY LINE OF THE W/E LINE WESTERLY RIGHT—OF—WAY LINE OF THE TR LINE -BROADWAY AVENUE _ NORTHERLY RIGHT—OF—WAY LINE OF THE B LINE HACHURED AREA AS SHOWN ON QUITCLAIM DEED, BOOK 774, PAGE 1267 } A R e 4 4 4 x� Y 1,11„ , .t k 483.3'`,) . k/AL LA I /t w w rn v ®® RIGHT—OF—WAY EXHIBIT civil I pinning VACATED RIGHT OF WAY,BROADWAY AND THIERMAN m landscape architecture surveyingSPOKANE VALLEY,WA. 510 east third avenue I Spokane,washington 99202 DRAWN TAC DATE 04/22/2019 EXHIBIT 1 p 509.242.1000 f 509.242.1001 CHECKED TAC SCALE 1" = 100' PROJECT 18-205 1 • :- . �'°"- - t "'�' _ ' —__ norm G1x� gull ii all '� .1 �;' ..1. 'lll ll11111111116ti 111/I i� 51V V,,,;' 1 n '! .1�1-1 11111 111. Qr�1:171 - _._ -,....... ^ .'' I- ©Go _ 8 ,ti �" .._ % ifl�pill'1' Pi■_ 7---• 1 li 3 - i .� 4 ,." "1 1 r ,/. � • — ,..: el hl.1 * .• 1 Q Ill _, �_ _ S 'Cruccati; 003.." 1881 6. r . t.,� tjI - Y H(11 � �1`' _- Vacation Location1. 1„• ' if •• ' _. 1 \ 1 - \ �\ _ itT II n 0.30:1000 — _ 0' - Icao - _ 1 a alp orto 9 L,n ] 8! it _ f 111 . ©� u a mu — i f - ~ ,, may' , 42.941,1 '....441,..,�e 14 N 1' NI 1 ,A/.%- S s1j'o' s j�alley • Broadway and Thierman Street Vacation STV-2019-0003 Planning Commission Study Session July 11 , 2019 ..E P PrOCESS ". . h. O V L.. 4, 4, 4, .. o, Administrative = 1.1 o : Report et t E. et 44:2cu w',.) i N .52 Study Session dates TBD c °� 4) N .2 7-11-19 = - ho = Z - Ord. 1st Reading *4 o z Pt cPublic Hearing e dates TBD c c - cz o 7-25-19 •� �' `,'-' Ord. At p4 " ' Findings of Factet 2nd Reading 4.., o $? ct 8-8-19 dates TBD o . h• Decision Today \...._,,,y,_.) I --lir 1St Phase of street vacation 2nd Phase of street vacation What is a Street Vacation? Street Vacation - Regulations - The complete or partial • SVMC 22. 140. abandonment or • RCW 35A.47.020 statutory termination of the public authority for cities. right to use a street, • RCW 35.79 provides highway, or public procedural framework to service easement. cities regulations. /,' Y /`a�y1� i]It. Fw f 1/...—i... ... 114111,a1,NaLtri` s �E Dein TkVe Sys _)V -c \1. x Ems' E] 1 rv0 _flm_ . _ c III E Mallon Ave 4kC3 - s' .`Qin S�d`e ti,.+9 III. Broad*, y Broadwa ve. testi �'.�` e'� E Bendy II �r >iiii , UI I STREET VACATION ff 1 NI igleldAve / // •m z 4 P -90., _,.[t :Q : > . , Park Road Pit /1 Street V acation Considerations • cent parCels STAFF REVIEW: • Street connectivity APN 35132.1310 a• APN 35132.1308 • Traffic volumes APN 35132.1320 ,� • �` • Development and access je POTENTIAL CONDITIONS: • Utility easements Broadway Ave. STREET • Time frame of completion VACATION Applicant's easo s R n for R Wit, ,:.. rte , iri ---- ''-'','' 1 Improved and maintained by - _ p � '-� �, Yom. l if y 1 '- 4' r• 4=.- pSC� current businesses• ' . �..1_�_ •°a 2 Easement for City's traffic ,. - r� n, , signal equipment established _ ,, ---East- advvay, Avenue in April of 2016; -= `_, `,, , . Continue use of businesses within area of ROW; and 4. Correct the inconsistency that represents no physical change. Details of Street Vacation ,,,, I, , I• q.• . C • .: i Wrill 11 /I . - . .e. , r 1 ' um / ...:1 ..,- Irlici i / . ° TI,.._;,„ 4'iir i •_.. . i' dee' 0 -iew. *4 ' - , %AI, V itee i -pi 0 , 1 . , . 4t" \ . ,S ,1/4 (I) . ., i• .• •.., ! , , ,._ 1 • • . . r __L.... AF ! i _. ._. - - Broadway Ave. '- STREET VACATION r' 4 ` di .0 . N ilt ' .,./ . /lel . . -.4„„ i. . . • # • lipAditior • ,4. A ,� it /"� r �4 r sem. i ' s,■,- } _. a * \ ii * 8 r .r h'1161 r afliis It A .., ft* i : .4. li gl ... ief• . , ue Ica:".. 1A. 0 41s C 1.441411 ." % .." 4t)11 it t , . �, s , s 0*1 ik ar 10 Irl 1‘ 4 ili)i- 4 . . ; - % . ,., 4 - mo. N. •118.1k • e iliP *.111;frie - • • ellP ' . . . 411.1t . 4%6 r friN.% &A • 141:0, i . ' A, "Ib' ". 4 , • _ w itirlAir .ko 4 eil — ,•II A % • . .. . . 1li ' a lithoi %twilit/10 Iv 1 wilk .7" QUESTIONS .. ., it , .40.... . . 0 II qn. • • ,w ♦ • CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: July 11, 2019 Item: Check all that apply ❑ old business ❑ new business ❑ public hearing ® information ❑ study session ❑ pending legislation FILE NUMBER: CTA-2018-0006 AGENDA ITEM TITLE: CTA-2018-0006 - Amendment to the Spokane Valley Municipal Code (SVMC) 19.40, 19.60 and 19.65. DESCRIPTION OF PROPOSAL: Privately initiated code text amendment to SVMC 19.40.035, SVMC 19.60.050, and SVMC 19.65.130 to allow multifamily development in the Single-Family Residential Urban Zone (R-3) if at least 51 percent of the units are used for affordable housing, on a property with a church and school, subject to a Conditional Use Permit, and other provisions. GOVERNING LEGISLATION: SVMC 17.80.150; and RCW 36.70A.106 BACKGROUND: The Planning Commission conducted a study session on the proposed amendment on April 25, 2019 and a public hearing on May 9, 2019. The Planning Commission deliberated and voted 6-0 to recommend to the City Council (Council) that CTA-2018-0006 be denied. Council heard an administrative report on the CTA at the June 18, 2019 meeting and determined by consensus that the item should be returned to the Planning Commission. Council directed the Planning Commission to consider alternatives that limited the number of units and density, as well as restricted the housing to senior housing. At this time Catholic Charities has been asked to modify the proposed CTA to incorporate Council goals. Once the proposed language has been provided, the item will be brought to Planning Commission for review. RECOMMENDED ACTION OR MOTION: None STAFF CONTACT: Lori Barlow, AICP, Senior Planner Attachments: 1. Draft City Council Meeting Minutes dated June 18, 2019 2. Jonathan Mallahan and Mike Basinger Emails dated 6-24-2019 RPCA Public Hearing for CTA-2018-0006 Page 1 of 1 DRAFT MINUTES SPOKANE VALLEY COUNCIL MEETING STUDY SESSION Spokane Valley City Hall Council Chambers Spokane Valley, Washington June 18, 2019 Attendance: Councilmembers Staff Rod Higgins,Mayor John Hohman, Deputy City Manager Pam Haley, Deputy Mayor Cary Driskell, City Attorney Brandi Peetz, Councilmember Erik Lamb, Deputy City Attorney Linda Thompson, Councilmember Mike Stone,Parks&Rec. Director Ben Wick, Councilmember Mark Werner, Police Chief Sam Wood, Councilmember Lori Barlow, Senior Planner Arne Woodard, Councilmember Karen Kendall, Planner Mike Basinger, Economic Dev. Manager Gloria Mantz, Engineering Manager Christine Bainbridge, City Clerk NON-ACTION ITEMS: 8. Proposed Code Text Amendment 2018-0006 Affordable Housing—Lori Barlow Senior Planner Barlow explained that this proposed code text amendment is privately initiated from Catholic Charities to allow affordable multi-family housing in the R-3 zone if certain conditions are met, and have it subject to a conditional use permit which would include the review and approval process conducted by the Hearing Examiner. Ms. Barlow gave an overview of the proposed amendment including having an applicability section that development may be permitted if at least 51% of the units are used for affordable housing and subject to additional criteria, as noted in the subsequent PowerPoint slides. Ms. Barlow noted that during the Planning Commission public hearing, comments were generally directed toward a project at St. John Vianney and not necessarily toward the code text amendment, but concerns such as traffic increase,and that it would not be consistent with the character of the existing neighborhood. Ms.Barlow noted the Planning Commission voted six to zero to recommend Council deny the request; and that Council options include moving the denial forward, moving an approval forward, or remanding back to the Planning Commission. Councilmember Woodard explained that when he was on the Planning Commission about ten years ago, he had recused himself when he was on Council and this project came forth; said we need to give faith communities of all types opportunities to build senior housing; but he would like this to go back to the Planning Commission with some guidelines; that affordable housing is not low or no barrier type housing; and do to a more open type of requirement on the size of the property so multi-faith communities could participate; said he would still like it to be for seniors and to also have all units be handicapped accessible; said other ideas could be addressed like having a maximum number of units; said he realizes no project has come forth yet. Councilmember Wick questioned whether we have a lack of developable land in multi- family zone; and suggested when Council re-addresses the topic of duplexes in R-3, that Council should have this multi-family desire and need discussed; said affordability comes down to density and more units in a smaller area lend to affordability; said he is not sure an R-3 zone is where this should go and said perhaps better areas would be along the Appleway Way corridor; said he is not sure this amendment aligns with the goal of protecting more R-3 zone; said perhaps Council should also examine other options like bringing back the R-4 or MF-1 zone;and again stressed he wants to protect the R-3,single family residential zone. Council Study Session: 06-18-2019 Page 1 of 3 Approved by Council: DRAFT Deputy Mayor Haley said one of her concerns is parking;in looking at the aerial photo it appears the parking lot is full; said she is also concerned about density as 70 seems like a lot and it appears not to have the infrastructure to support that; said she too would be aggregable to sending this back to the Planning Commission and have it come back with what can be done for senior housing;said senior housing is needed but this proposal seems extreme for the location; said she would like to see what the Planning Commission would recommend. Mayor Higgins invited Deputy City Attorney Lamb to speak to the issue of senior housing. Mr. Lamb explained that the Federal Fair Housing Act as well as the corresponding Washington law against discrimination, prohibits us from adopting land use regulations that discriminate based on familiar status; for example, you can't prohibit kids; but under both laws, there is an exemption for housing for older persons as it has been recognized by the federal and state government that there is a need for senior housing. Mr. Lamb said that the challenge would be for the City to ensure regulation compliance under the Fair Housing Act, and the City as the agency attempting to comply with that exemption, would have to ensure that all the necessary criteria would be met and to do that, we would have to adopt some age verification requirements and procedures to ensure that everyone in the housing,would meet the requirements; so if we did that, the City would be getting into some form of housing business. Deputy Mayor Haley mentioned we already have senior housing,or mobile home courts for 55+, so how would this be different. Mr. Lamb explained that it wouldn't be different as those owners would be complying with the same laws; the difference would be they are the operators of those sites and would be taking the applications and checking for meeting the criteria; but in this case, the City would have a city-wide R-3 zoning amendment, and we would have multiple sites, and in each site, we would be responsible for compliance of all applicants meeting all requirements; and further, it would be difficult since the City would not be the entity operating the facility. Mayor Higgins asked if Catholic Charities would be operating that facility, how would that differ from the operation of a trailer park. Mr. Lamb said there would not be any difference, but the City would have to ensure, possibly through a contract, that Catholic Charities would be doing everything mandated through those laws, and the City would or could be liable if anything was missed, so any discrimination claim would come against the City. Ms.Barlow added that part of the difference is we have senior housing projects, and senior housing manufactured home parks,but we don't look at them in terms of senior housing projects, instead we look at them in terms of a manufactured home park, and if they privately choose to limit it to seniors,that is something they would handle. Mayor Higgins said he is hearing a concern and there's a very real fear that this would have the potential of becoming something like 2nd and Division; and he asked if we could craft legal language to make it more narrowly binding. Mr. Lamb replied that staff can research that; that to-date staff has looked at the limitations specific to senior housing; he said the Planning Commission and/or staff could look at other options. Councilmember Peetz said the stated intention of senior housing is a barrier,but for this code text amendment, it would benefit a single site; she also agreed with the parking issue; said this does not fit the character of the neighborhood; said she feels Council has enough information and would therefore be in agreement with the Planning Commission recommendation to deny the proposal. Councilmember Wood asked if they didn't do a code text amendment that would apply city-wide, could they do a site specific conditional use permit just on that lot alone. Mr. Lamb said if we had criteria for such a conditional use permit,but as of right now,we don't and this is attempting to put forward the criteria to allow a conditional use permit request; said he feels we would face the same questions regarding the City meeting all the criteria and requirements of the Federal Fair Housing Act even for that specific site;but if there is a conditional use permit process that allows that, it would still be city-wide in whatever zone or areas Council ultimately decided; but if an entity wanted to provide senior housing, they could do so and limit it and that it would be on them and not part of a condition in a conditional use process. Councilmember Wood asked if they could make an application to do that without changing or amending the code,and Mr.Lamb said not at this time for that site. Councilmember Thompson also stated her desire to protect the R-3 and said perhaps we Council Study Session: 06-18-2019 Page 2 of 3 Approved by Council: DRAFT could look at options like an R-4 zone;that in looking at the map that shows other sites that might meet the criteria for this change, it is in areas where there are tight-knit communities or where she thinks they would not benefit from a change; and said she would also be opposed to moving this forward. Mayor Higgins said the options for consensus is to move it forward to approve, or move it forward to disapprove, or send it back to the Planning Commission with some guidance for modification; such as not setting it up as a no barrier or low barrier housing project. Councilmember Woodard suggested including size of unit, number of units, and accessibility for each unit. Councilmember Wick said he thinks the intentions are good for affordable and senior housing,but he doesn't want to put a burden on the City with senior housing as explained by Mr. Lamb, and that he is not sure he wants to do that in an R-3 zone as he wants to protect the R-3 zone. Councilmember Wood said he would vote to deny a project it if wasn't just for seniors over 60; and Mr. Lamb noted the Federal Housing age for every unit to qualify, would be 62 and over. Deputy Mayor Haley said she feels 70 is too many units. Mayor Higgins said another issue for the Planning Commission is to have the property owner manage the project and avoid the City being involved. Deputy City Manager Hohman said if it is Council's preference to send to the Planning Commission, he would ask the Commission to look at all options and try to accomplish the overriding goals; and that it would take some time to go through that and evaluate all options. There was no Council consensus to approve or deny the proposal; and a majority of Councilmembers indicated their preference to send this back to the Planning Commission. Council Study Session: 06-18-2019 Page 3 of 3 Approved by Council: From: Jonathan Mallahan To: Mike Basinger Cc: John Hohman; Erik Lamb;Jenny Nickerson; Lori Barlow;Chaz Bates; Rob McCann Subject: Re:Affordable Housing Code Text Amendment Date: Monday,June 24,2019 8:29:32 PM Attachments: image001.pnq imaae002.ioq Mike, Thanks for your message. I do have some thoughts to share regarding the Council's requests. In regards to limiting development to serving seniors, Catholic Charities has no objection in principle to this policy. It has always been our intent for any housing developed under the proposed policy to serve seniors. Our interest is that this objective not be achieved through means that drive up development costs (e.g. requiring all units to be ADA accessible). Further,we would seek a solution that does not create unnecessary administrative burden on affordable housing managers or the City of Spokane Valley. Catholic Charities properties serving seniors are monitored by HUD and in some cases the State. It is possible that the City of Spokane Valley could enter into an interagency agreement to piggy back on the monitoring of either of these agencies to verify that only senior residents are being served. If there is no state or federal subsidy, the local fair housing agency would likely be willing to provide an independent investigation/report to verify resident age for housing developed under this code. They perform similar services for the City of Spokane relating to housing discrimination claims. I believe they charge the City of Spokane less than $500 for each investigation/report. In regards to limiting density, we are not completely opposed to this concept. We caution that limiting the density reduces the feasibility of resulting projects. For Catholic Charities to operate an affordable property and have enough revenue to support the appropriate levels of property management, security and supportive service staff, we must build 50 units in a project. The current proposal is written in a way that will drive up development costs by tying development to single family residential standards. The inherent nature of developing in R-3 zones will likely mean higher costs to achieve concurrency with existing public infrastructure and services. These factors will limit the density that can be achieved in our proposal even if the language is not changed. Smaller projects are also less competitive for public funding. By further limiting density,the City Council will risk passing an ordinance that creates cost prohibitive conditions for development. Thank you for reaching out to get our perspective. Please let me know if additional information is needed or if you have any questions about these comments. Best, Jonathan Jonathan Mallahan Vice President of Housing 509.459.61801jmallahan@ccspokane.org From: Mike Basinger<mbasinger@spokanevalley.org> Sent: Monday,June 24, 2019 5:51 PM To:Jonathan Mallahan Cc:John Hohman; Erik Lamb;Jenny Nickerson; Lori Barlow; Chaz Bates Subject: Affordable Housing Code Text Amendment Dear Mr. Mallahan, On June 18, 2019, the City Council heard an administrative report on Catholic Charities' proposed code text amendment for affordable housing (File No. CTA-2018-0006). As you will recall, the Planning Commission recommended that City Council deny the proposed code text amendment. At the administrative report, the City Council came to consensus and referred the proposal back to the Planning Commission to consider amendments to your proposal that will: - Limit the allowed number of units/allowable density. - Limits allowable housing provided to senior housing. As directed by City Council, staff has been considering possible options to meet the Council's directives. However, the City is cognizant that this is a privately-initiated code text amendment, and that Catholic Charities had specific objectives in mind in bringing it forward. Therefore, your input on the above directives is important as it provides guidance to Planning Commission and City Council on whether possible amendments will continue to also meet Catholic Charities' objectives. To this end, please provide your comments on City Council's directives above, specifically addressing any issues with viability of projects as the number of units is decreased, as well as any issues with limiting housing to senior-only housing, including whether and how increasing ADA accessibility requirements impacts viability of low-income housing projects. These responses will allow Planning Commission and City Council to adequately consider proposed amendments in light of both the City Council's stated goals as well as Catholic Charities' objectives in the privately-initiated code text amendment. Any proposed changes to your code text amendment will require an additional public hearing at the Planning Commission. The Planning Commission will then deliberate and forward a recommendation to City Council. Please let me know if you have any questions or concerns. Cheers, Mike Basinger Mike Basinger I Economic Development Manager 10210 E.Sprague Avenue I Spokane Valley,WA 99206 (509) 720-5331 I mbasinger@snokanevalley.org cid:image004.png@01D37331.6CO22CF0 This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. Confidentiality Notice: This e-mail message,including any attachments,is for the sole use of the intended recipient and may contain confidential and privileged information.Unauthorized review,use, disclosure,or distribution is prohibited.Please contact the sender by reply e-mail and destroy all copies of the original message if you are not the intended recipient.Thank you! CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.