PC APPROVED Minutes 07-25-19 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 25, 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 Herald and the Exchange.
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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 staffs 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
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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.
o/zei
James Johnson, Chairman Date signed
Robin Hutchins, Secretary