Ordinance 20-005 Street Vacation CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.20-005
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 57,317 SQUARE FEET OF 13TH AVENUE, CHRONICLE ROAD,
AND THE ALLEYWAY BETWEEN 12TH AND 13TH-AVENUE AND PROVIDING FOR
OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, on October 3, 2019, a completed application for vacation was filed requesting the
vacation of approximately 11,550 square feet of 12th Avenue, approximately 23,100 square feet of 13t
Avenue, approximately 29,460 square feet of Chronicle Road, and approximately 4,620 square feet of the
alleyway lying between 12t and 13t Avenue; and
WHEREAS, on November 19, 2019,the City Council by Resolution 19-016 set a public hearing
date for January 9, 2020 with the Planning Commission; and
WHEREAS, on January 9,2020,the Planning Commission held a public hearing; and
WHEREAS, following the hearing, the Planning Commission found that the notice and hearing
requirements of Spokane Valley Municipal Code (SVMC) 22.140.020 had been met and recommended
(1) vacation of the requested areas except for 12th Avenue, and (2) certain conditions with such vacation;
and
WHEREAS, the Planning Commission findings and minutes have been filed with the City Clerk
as part of the public record supporting the vacation; and
WHEREAS, none of the property owners abutting the property to be vacated filed a written
objection to the proposed vacation with the City Clerk; and
WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the road, the City shall transfer
the vacated property to abutting property owners, the zoning district designation of the properties
adjoining the street shall attach to the vacated property, a record of survey shall be submitted to the City,
and all direct and indirect costs of title transfer to the vacated street shall be paid by the proponent or
recipient of the transferred property. In this particular case, the vacated property shall be transferred to
parcels 35233.0203, 35233.0204, 35233.1307,35233.1402 and 35233.0101; and
WHEREAS, the City Council desires to vacate the above streets pursuant to chapter 22.140
SVMC.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington,do ordain as follows:
Section 1. Findings of Fact. The City Council makes the following findings of fact:
1. The area proposed to be vacated is unimproved. Portions of a stormwater system, that
includes pipes and catchbasins are located within the right-of-way. No other utilities are
located in the right-of-way. The stormwater system collects stormwater from the south and
from the existing pond. The system extends to the north through private property and
terminates in a swale on the Soil Conservation District property. The majority of the system
is located on private property without easements. The property owner understands that the
system will need to be relocated and/or easements provided in conjunction with future
development of the property to the north and for the portion of the system lying in the right-
of-way requested to be vacated.
Ordinance 20-005 -Street Vacation STV-2019-0005 Page 1 of 6
The proposed vacation would leave parcel numbers 35233.0203, 35233.0204 and the west
side of parcel 35233.0101, which is the area outside of the borrow pit, without right-of-way
access. All the adjacent properties are owned by the Hamiltons and Jeff McCloskey. If
access is provided to the vacant parcels, the vacation isnot expected to have an impact on
the general public as surrounding parcels currently do not use the right-of-way for access.
The properties shall be reconfigured through a boundary line adjustment(BLA) or boundary
line elimination (BLE) leaving the resulting properties with access, or an access easement
shall be provided to provide access.
2. The subject right-of-way is unimproved and not being utilized for public access. The site is
bordered by R-3 zoned property to the west and south, and Multifamily zoned property to
the north. Immediate properties are vacant, while the outlying properties are developed with
single family residential neighborhoods. The vacant properties will need access for future
development. As situated, sufficient access does not exist to allow for the division of parcel
numbers 35233.0203 and 35233.0204. Access to the parcels is provided by Chronicle Road
but further division into typical residential lots would require the construction of either
public or private streets. As indicated in the application, all adjacent properties are owned
by the Hamiltons and Jeff McCloskey and the BLA/BLE or access easement can be
accomplished.
Although no development plans have been provided as part of this application, the applicant
has provided a concept plan that indicates a design for single family development with a
reconfigured street plan on the adjacent properties and multifamily located to the north in the
Multi-family Residential Zone. Currently the right-of-way is not needed for the existing
development that takes access off 14th Avenue and 13th Avenue. Thirteenth Avenue ends in
a cul-de-sac preventing the extension of 13th Avenue. Access for future development would
be required through any proposed platting activity.
Since 13'h Avenue and the alleyway are affected by the existing pond, and since 13th Avenue
to the west ends in a cul-de-sac which prevents the extension, both 13'h Avenue and the
alleyway could be vacated without impact. Parcel Numbers 35233.0101 and 35233.1402
would have access from both Carnahan Road and Chronicle Road. Although 12th Avenue is
only 30' wide, the additional right-of-way could be obtained if needed at the time of future
development of the northerly properties providing connectivity to the existing street grid.
Assuming the north properties are developed with multifamily, 12th Avenue would allow for
additional access points for increased traffic generated by the development and so vacation
of 12th Avenue is not in the City or public's best interest and shall not be included with the
vacation.
3. Currently public access is not needed for the parcels adjacent to the right-of-way proposed
for vacation because none of the abutting properties utilize the right-of-way for access, and
the properties adjacent to the unimproved right-of-way are owned by the Hamiltons and Jeff
McCloskey. However, future development is dependent upon access being provided.
Without a development plan it is not apparent if a new and different public way would be
more useful to the public. Either an ingress/egress access easement shall be provided to
ensure access for parcel numbers 35233.0203 and 35233.0204 and/or a BLA or BLE shall
occur to ensure that all properties have access off of the remaining rights-of-way. Requiring
a BLE to create a single parcel will resolve the access issue for the parcels. Twelfth Avenue
is still necessary for connectivity and to support the multi-family development on the north
parcels that is anticipated in the Comprehensive Plan and shall not be included in the
vacation.
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4. Based on the Comprehensive Plan, the site is designated as single family residential and
zoned R-3 which allows for single family and duplex residential development. It is
anticipated that the adjacent properties will remain single family residential and require
access for future development through a subdivision process. The current Chronicle Road
right-of-way ensures that parcel number 35233.0203 and 35233.0204 have access for further
development. The subdivision process would also ensure adequate access is provided as
each lot created must have access to a public or private street. It is presumed that the
property will develop into single family residential lots and access will be appropriately
provided through the subdivision process consistent with Title 20, SVMC and the City of
Spokane Valley Street Standards.
As the parcels are currently configured, parcel numbers 35233.0203 and 35233.0204 require
the use of Chronical Road right-of-way to ensure access.As discussed above,a BLA/BLE or
access easement shall be required to ensure access.
The two parcels immediately to the north are zoned Multi-family and it is assumed that the
property will develop as such. Twelfth Avenue provides a connection to Carnahan as well
as a second connection to the parcels which are necessary to support the increased traffic
generated from a multifamily project and shall not be included in the vacation.
5. No public comment has been received. The City's Stormwater Engineer noted that
stormwater drainage facilities were located in the right-of-way and that the facilities would
need to be relocated and/or placed within an easement. The City Engineer noted that
Chronicle Road and 12th Avenue are required to provide access to the existing parcels, but
that 13th Avenue and the alleyway could be vacated as they encroach on the wetland (old
borrow pit). The analysis above notes that access issues can be resolved with a BLA/BLE or
access easement, and that 12th Avenue will be retained to support high density development
to the north.
6. Resolution 07-009 was adopted pursuant to RCW 35.79.030 to set the City's policy for
imposing vacation charges. Pursuant to Section 1 of Resolution 07-009:
a. The cost for property received as a result of a vacation initiated by an adjacent
property owner shall equal 50% of the appraised value of the vacated property
received to the extent the cost exceeds the amount charged by the City of Spokane
Valley to initiate the vacation process.
i. The appraised value shall be the same as the value of an equivalent portion of
property adjacent to the proposed vacation as established by Spokane County
Assessor at the time the matter is considered by the City Council.
ii. If the value of adjacent properties differs, than the average of the adjacent
property values per square foot will be used.
Based on the average assessed value of the adjacent properties and a total area of 57,317.2
square feet based upon the legal description provided in. Section 2 below, $36,109.84 is 50%
of the assessed value. Therefore, $36,109.84 minus the $1,365 application fee equals
$34,744.84.
Section 2. Property to be Vacated. Based upon the above findings and in accordance with
this Ordinance, the City Council does hereby vacate the street or alley which is incorporated herein by
reference, and legally described as follows:
CHRONICLE ROAD VACATION
A parcel of land located within the South half of the Southwest quarter of Section 23, Township 25 North,
Range 43 East, Willamette Meridian, Spokane County, Washington being more particularly described as
Ordinance 20-005 -Street Vacation STV-2019-0005 Page 3 of 6
follows:
All that portion of Chronicle Road (Platted as River St.) lying South of the North line of the plat of
Woodland Terrace, as recorded in Book I of Plats, Page 16, Records of Spokane County, Washington.
Said line being the North line of the South half of said Southwest quarter, and North a line drawn from
the Southwest corner of lot 8, block 14, to the Southeast corner of lot 1 block 13 of said plat of Woodland
Terrace.
Said parcel contains 29,557.2 square feet, more or less.
13T71 AVENUE VACATION
A parcel of land located within the South half of the Southwest quarter of Section 23, Township 25 North,
Range 43 East, Willamette Meridian, Spokane County, Washington, being more particularly described as
follows:
All of that portion of 13t Avenue (platted as Eleventh Ave.), in Woodland Terrace, as recorded in Book 1
of Plats, page 16, Records of Spokane County, Washington, lying West of the Western right-of way of
Carnahan Road, and East of the Easterly right-of-way of Chronicle Road.
Said parcel contains 23,128.8 square feet, more or less.
ALLEYWAY LYING BETWEEN 12TH AND 13TH AVENUE
A parcel of land located within the South half of the Southwest quarter of Section 23, Township 25 North,
Range 43 East, Willamette Meridian, Spokane County, Washington, being more particularly described as
follows:
All of that land dedicated as alleyway within Block 1 of the plat of Woodland Terrace, as recorded in
Book 1 of Plats, Page 16, Records of Spokane County, Washington.
Said parcel contains 4,631.2 square feet, more or less.
Total area: 57,317.2 square feet, more or less.
Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79.040 and SVMC
22.140.040(C),the vacated portion of the street or alley shall belong to the abutting property owners, one-
half to each, unless factual circumstances otherwise dictate a different division and distribution of the
street or alley to be vacated. The completion of the vacation shall be recorded in the record of survey
which shall be created and recorded with Spokane County as required pursuant to SVMC 22.140.090.
Section 4. Zoning. The zoning designation for the vacated property shall be the designation
attached to the adjoining properties as set forth within the respective property or lot lines. The City
Manager or designee is authorized to make this notation on the official Zoning Map of the City.
Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to
the transfer of title by the City.
1. Initial work to satisfy conditions of the street vacation (File No. STV-2019-0005),
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 (35233.0101,
35233.1402, 35233.0203, 35233.0204 and 35233.1307, or as otherwise adjusted by a
Boundary Line EIimination or Boundary Line Adjustment) as shown on the record of
survey created and recorded with Spokane County Auditor's Office pursuant to condition
8.
3. All existing lots shall have access to a public street prior to finalization. A Boundary
Line Elimination application shall be submitted to the City within 30 days of the effective
Ordinance 20-005- Street Vacation STV-2019-0005 Page 4 of 6
date of approval that aggregates 35233.0101, 35233.0204 and 35233.0203. Additional
parcels, including 35233.1402, may be included in the Boundary Line Elimination if
desired by the applicant. The Boundary Line EIimination application shall combine the
proposed lot elimination with the record of survey vacating portions of 13t'' Avenue, the
adjacent alleyway, and Chronicle Road. The document must be recorded within 90 days
of the effective date of approval.
4. All easements and dedications shall be recorded with the Spokane County Auditor, and
the applicant shall submit applicable recording numbers on the record of survey and
written documentation of easement for City verification.
5. A drainage easement acceptable to the City of Spokane Valley for the existing
stormwater facilities shall be provided.
6. The 100-foot cul-de-sac on Chronicle Road shall be dedicated to the City.
7. A 30-foot wide sewer easement, located 15 feet on either side of the center of the existing
sewer main, acceptable to the City of Spokane for the existing sewer main if any portion
of the main lies outside of a designated easement.
8. 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.
9. 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.
10. All direct and indirect costs of 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.
11. 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.
12. 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.
13. All conditions of City Council authorization shall be fully satisfied prior to any transfer
of title by the City.
14. Payment in the amount of$34,744.84 shall be paid to the City by the property owner(s)
requesting vacation.
Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall
record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is
authorized to execute and finalize all necessary documents in order to complete the transfer of the
property identified herein.
Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 8. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane
Valley as provided by law.
Ordinance 20-005-Street Vacation STV-2019-0005 Page 5 of 6
PASSED by the City Council this 14th day of April,2020.
ATTEST:
14:-14V
Ben Wick, Mayor
Christine Bainbridge, City Clerk
Approved As To Form:
rY- -,4
OfficeUf the Ci Domey
Date of Publication: 04-17-2020
Effective Date: 04-22-2020
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