2019, 08-08 Agenda Packet 0111#\11111111111k
SIP/
okane
Valley
Spokane Valley Planning Commission
Regular Meeting Agenda
City Hall Council Chambers, 10210 E. Sprague Ave.
August 8, 2019 6:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES: July 25, 2019
VI. COMMISSION REPORTS
VII. ADMINISTRATIVE REPORT
VIII. PUBLIC COMMENT: On any subject which is not on the agenda.
IX. COMMISSION BUSINESS:
i. Findings of Fact: STV-2019-0003, a privately initiated street
vacation for portions of Broadway Avenue and Thierman Road.
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
PC ADVANCE AGENDA
For Planning Discussion Purposes Only
As of August 1,2019
***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
August 8, 2019
Findings of Fact: STV-2019-0003 —Broadway Ave. Street Vacation—Karen
August 22, 2019
September 12, 2019
Draft Advance Agenda 8/1/2019 Page 1 of 1
Regular Meeting Minutes
Spokane Valley Planning Commission
Council Chambers—City Hall
July 25, 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 Karen Kendall, Planner
Robert McKinley
Raymond Friend
Michelle Rasmussen
Matt Walton, absent - excused Robin Hutchins, Office Assistant
Hearing no objections, Commissioner Walton was excused from the meeting.
IV. AGENDA: Commissioner Rasmussen moved to approve the July 11, 2019 agenda as written.
There was no discussion. The vote on the motion was six in favor, zero opposed, and the motion
passed.
V. MINUTES: Commissioner Rasmussen moved to approve the July 11, 2019 minutes as
written. There was no discussion. The vote on the motion was six in favor, zero opposed, and
the motion passed.
VI. COMMISSION REPORTS: There were no commission reports
VII. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson advised that the rules
and procedures for the Planning Commission will be coming up for review.
VIII. PUBLIC COMMENT: On any subject which is not on the agenda.
There was no public comment.
IX. COMMISSION BUSINESS:
i. Public Hearing: STV-2019-0003, a privately initiated street vacation of
Broadway Avenue.
Chair Johnson opened the public hearing at 6:05 p.m.
Planner Karen Kendall provided a presentation outlining the privately initiated application
to vacate a portion of the northwest corner of Broadway Avenue and Thierman Road. Ms.
Kendall provided procedural overview advising the study session was held July 11, 2019
the public hearing currently being held and the findings of fact are scheduled for August
8th, 2019. Ms. Kendall explained the public hearing notice was posted on site at each end
of the street vacation, at City Hall, CenterPlace and the library. Written notice was mailed
to the abutting property owners and their tenants. Lastly, the notice was published twice
in the Valley Harold and the Exchange.
07-25-2019 Planning Commission Minutes Page 2 of 3
Ms. Kendall highlighted information related to an ownership change that occurred after the
street vacation application was submitted. Ms. Kendall advised there were three details
needed in order for the item to move forward. The City received the previous owners
authorized to transfer interest in the application process and the authorization to allow
Strohaug to act as the applicant for the new owner. Additionally,the new owner submitted
written documents to include concurrence and agreement to supplement the application,
agreed to rights of notice and proceed without public hearing notice and waived any
challenges based on lack of notice.
Ms. Kendall explained there are three affected parcels in the area of right of way (ROW)
to be vacated. The area is currently being used for parking, landscaping and daily
operations for the adjacent businesses. In 1985 Washington State Department of
Transportation (WSDOT) acquired the ROW being discussed, one month later the unused
ROW was conveyed back to Spokane County and was not reconfigured at that time. Since
1985 those ROW's have been continually used by the businesses to include paying property
taxes. The City acquired the ROW in 2003 upon incorporation. In 2016 the City conducted
a city wide traffic signalization project along Broadway Avenue and this inconsistency was
not found at that time. The City has since secured an easement in the ROW for the traffic
signal equipment located on the corner of Broadway Avenue and Thierman Road.
Ms. Kendall discussed a concern initiated at the study session regarding the future need of
a right hand turn lane at the intersection being vacated. Ms. Kendall stated the City's
Engineer Bill Helbig advised that traffic projections for the next 20-years indicate there are
no needs listed for a right hand turn lane or any future uses in the ROW being vacated. Ms.
Kendall concluded that staff's recommendation is to approve the street vacation with
conditions.
Commissioner Johnson asked Ms. Kendall to elaborate on what the conditions are. Ms.
Kendall explained that of the ten conditions listed four are in addition to those already
prescribe by code. Ms. Kendall continued that if approved by council staff recommends
the review process being within 90 days after approval. The vacated property shall be
transferred to the abutting parcels. The applicant shall establish an easement acceptable to
Avista utilities as well as Comcast. A record of survey must be prepared to include the
location of a monument at the intersection of a centerline if necessary. All direct and
indirect costs of the title transfer shall be paid by the proponent. Ms. Kendall added that
council does have the discretion to require compensation should they choose to do so.
Lastly, zoning designation of the properties adjacent and recording the record of survey
must be done prior to finalization.
Hearing no public comment Chair Johnson closed the public hearing at 6:17 p.m.
Commissioner Friend asked if Avista and Comcast easements will prevent anyone from
using the property. Ms. Kendall explained this would ensure no building could be
established over the easements and the location would be preserved.
Commissioner Kelly stated the City of Spokane Valley has done an outstanding job
addressing the infrastructure challenges. He provided detailed information pertaining to
large City projects, their trials and the funding related to them. Commissioner Kelly
explained this location to be vacated is a complicated intersection and gave examples of
the traffic light function and its challenges. Commissioner Kelley spoke with several
businesses in the area and expressed the traffic concerns he and each business share.
Commissioner Kelley's largest concern was removing tools needed in order to remedy
future infrastructure challenges. He concluded that when the City is researching long term
07-25-2019 Planning Commission Minutes Page 3 of 3
solutions they will need all options available to them and will be voting against the
proposed street vacation.
Commissioner Rasmussen explained that she understands the forecast and recognizes what
Commissioner Kelley is opposed too. Added that the easements are in place, there are no
future projections and the property owners have been paying taxes since the beginning.
She explained that the majority of the information provided is overwhelmingly positive
and will be voting in favor.
Commissioner McKinley is in favor and felt there is no reason not to approve the vacation.
Commissioner Kaschmitter appreciated all of the research done by Commissioner Kelley
and the information presented by staff. She feels the 20-year plan has been researched
carefully and does not see this piece of property being needed for transportation concerns
in the future and will be voting in favor.
Commissioner Johnson thanked Commissioner Kelley for his research and his interest in
the project. Commissioner Johnson stated the report from the City's engineer has eased
his concerns for future uses and is in favor of the vacation.He added that due to the property
owners paying taxes for this long period of time he recommends that the City Council does
not request compensation from the owners.
Commissioner Rasmussen moved to approve STV-2019-0003 as presented with conditions,
additionally recommending that City Council does not ask for compensation due to the
property owners paying taxes on this piece for an extended period of time.
Commissioner Kelley advised it has not been pointed out where this vacation would help
in the future. He continued that if this intersection were to ever be improved this
intersection would require two lanes to make a left hand turn. With that, there would be
the need for one dedicated right hand turn lane, as it currently sits you have that ability.
The vote on the motion was five in favor, one opposed, with Commissioner Kelley
dissenting, and the motion passed.
X. GOOD OF THE ORDER: Commissioner Rasmussen thanked Commissioner Kelley for his
thoughtful research and information and it was much appreciated. Commissioner McKinley
thanked Commissioner Kelly for his information and agrees that the intersection is a
complicated one with a large number of vehicles competing for space. Commissioner
Kaschmitter also thanked Commissioner Kelley for his detailed research and appreciated his
view point. Commissioner Friend thanked Commissioner Kelley for his excellent report and
thanked him for his time on the subject. Commissioner Johnson reminded everyone of the
primary election August 6th and how important it is to vote. He encouraged everyone to
register to vote, educate themselves on the candidates, to be involved and remind their
community members to vote.
XI. ADJOURNMENT: Commissioner Rasmussen moved to adjourn the meeting at 6:38 p.m.
The vote on the motion was six 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: August 8, 2019
Item: Check all that apply ® old business ❑ new business ❑ public hearing
❑ information ❑ study session ❑ pending legislation
FILE NUMBER: STV-2019-0003
AGENDA ITEM TITLE: Findings of Fact — 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:
The Planning Commission conducted a study session on the proposed vacation on July 11, 2019
and a public hearing on July 25, 2019. The Planning Commission voted 5-1 to recommend
approval of the proposal to vacate a portion of the northwest corner of Broadway Avenue and
Thierman Road.
RECOMMENDED ACTION OR MOTION: Approve the Planning Commission Findings and
Recommendation for STV-2019-0003 or provide staff further direction.
STAFF CONTACT: Karen Kendall, Planner
ATTACHMENTS: PC Findings and Recommendation STV-2019-0003
RPCA Finding of Fact for STV-2019-0003 Page 1 of 1
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
STV-2019-0003 —Street vacation of a portion of the northwest corner of Broadway
Avenue and Thierman Road.
Pursuant to SVMC 17.80.150(E)the Planning Commission shall consider the proposal and shall
prepare and forward a recommendation to the City Council following the public hearing. The
following findings are consistent with the Planning Commission recommendation.
A. Background:
1. Chapter 22.140 of the Spokane Valley Municipal Code (SVMC),governing street vacations,was
adopted in September 2007 and became effective on October 28,2007.
2. The privately-initiated street vacation, STV-2019-0003,proposes to vacate 2,987 square feet of
improved right-of-way on the northwest corner of Broadway Avenue and Thierman Road.
3. The Planning Commission held a properly noticed public hearing and conducted deliberations on July
25,2019. The Planning Commission voted 5-1 to recommend approval of STV-2019-0003 to the
City Council.
B. Planning Commission Findings:
Compliance with SVMC 22.140.030 Planning Commission review and recommendation
Finding(s):
1. Whether a change of use or vacation of the street or alley will better serve the
public?
The area proposed to be vacated is improved with pavement and landscaping, and
currently used by adjacent property owners with the assumption the ROW does not
exist. The vacation will establish the parcel lines consistent with the current use of
the ROW.
The area proposed to be vacated has existing services from Avista Utilities and
Comcast. Avista submitted public comment requesting an easement to preserve an
overhead electrical distribution facility located in the ROW. Comcast provided a
comment to the Applicant during the initial application gathering stage stating they
have no objection, if an easement is preserved for their existing aerial path. No
comments were provided by Comcast during the formal routing stage. Staff has
carried forward the request for easements into the recommended conditions. The
vacation of the corner of Broadway Avenue and Thierman Road are expected to
have no impact on the general public.
Findings and Recommendations of the Spokane Valley Planning Commission STV-2019-0003 Page 1 of 4
2. Whether the street or alley is no longer required for public use or public access?
The subject ROW is improved and has been utilized by adjacent property owners for
their businesses since 1985 when WSDOT dedicated the portion back to the local
jurisdiction. The portion of ROW has not been needed nor is needed in the future for
public use or access.
3. Whether the substitution of a new and different public way would be more useful
to the public?
The area originally deeded to WSDOT in 1985 was unused and given back to the local
jurisdiction. In 2016 the City preserved traffic signal system equipment within an
easement thus eliminating the need for a substitution of a new or different ROW.
4. Whether conditions may so change in the future as to provide a greater use or
need than presently exists?
Based on the Comprehensive Plan it is not anticipated that changes will occur in the
future that would alter the intersection of Broadway Avenue and Thierman Road.
Traffic modeling and projections for the next 20 years indicate that a new right turn
lane at the northwest corner will not be necessary. There are no future uses for the
ROW proposed to be vacated. The traffic signal system equipment on the corner is
located in an easement and satisfactory to the City.
5. Whether objections to the proposed vacation are made by owners of private
property (exclusive of petitioners) abutting the street or alley or other
governmental agencies or members of the general public?
No objections or public comment has been received.
Additional Finding: On June 4, 2019 Parcel 35132.1310 was purchased by Otter
Investments, LLC. Otter Investments submitted documentation agreeing to the
petition and street vacation, acknowledging they had rights to notice of the public
hearing on July 25, 2019, and agreeing to proceed with the hearing on July 25, 2019
without such full notice.
Conclusion:
The findings confirm criteria set forth in SVMC 22.140.030 have been met.
C. Recommendation:
Planning Commission recommends City Council approve the amended proposal to vacate a
portion of the northwest corner of Broadway Avenue and Thierman Road subject to the
following:
1. Initial work to satisfy conditions of the street vacation (File No. STV-2019-0003),
including all conditions below shall be submitted to the City for review within 90 days
following the effective date of approval by the City Council.
2. The vacated property shall be transferred into the abutting parcels (35132.1320,
35132.1308 and 35132.1310) as shown on the record of survey created and recorded with
Findings and Recommendations of the Spokane Valley Planning Commission STV-2019-0003 Page 2 of 4
Spokane County Auditor's Office pursuant to condition 8.
3. The applicant shall establish an easement acceptable to Avista Utilities for access to
overhead electric distribution facilities serving parcels 35132.1320, 35132.1308 and
35132.1310. The location and recording number shall be shown on the record of survey
and written documentation of the easement shall be submitted to the City prior to final
acceptance and all conditions have been satisfied.
4. The applicant shall submit written acceptance from Comcast that an easement has been
established to preserve their services, if necessary. The location and recording number
shall be shown on the record of survey and written documentation of the easement shall
be submitted to the City prior to final acceptance and all conditions have been satisfied.
5. Following the City Council's passage of the Ordinance approving the street vacation, a
record of 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 City Manager, or
designee, for review and approval.
6. The surveyor shall locate a monument at the intersection of the centerline of the vacated
right-of-way with each street or right-of-way in accordance with the standards established
by the Spokane Valley Street Standards.
7. All direct and indirect costs of the title transfer of the vacated street from public to private
ownership, including but not limited to, title company charges, copying fees, and
recording fees, shall be paid by the proponent. The City shall not, and does not, assume
any financial responsibility for any direct or indirect costs for the transfer of title.
8. The zoning district designation of the properties adjoining the street to be vacated shall be
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.
9. The record of survey and certified copy of the Ordinance shall be recorded by the City
Clerk in the office of the Spokane County Auditor.
10. All conditions of City Council authorization shall be fully satisfied prior to any transfer
of title by the City.
Additionally, as part of its recommendation, Planning Commission voted to recommend that
City Council not require compensation for the proposed street vacation due to the historical
use of the site by the private owners.
Findings and Recommendations of the Spokane Valley Planning Commission STV-2019-0003 Page 3 of 4
Approved this 8th day of August,2019
Planning Commission Chairman
ATTEST
Deanna Horton,Administrative Assistant
Findings and Recommendations of the Spokane Valley Planning Commission STV-2019-0003 Page 4 of 4