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2020, 08-13 Agenda Packetftleya Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 10210 E. Sprague Ave. August 13, 2020, 2020 6:00 p.m. 1. PLEASE NOTE: Meetings are being held electronically in response to Governor Inslee's March 24, 2020 Proclamation concerning our recent State of Emergency, which waives and suspends the requirement to hold in -person meetings and provides options for the public to attend remotely. 2. Public wishine to make comments will need to email plannine(asnokanevalley.org prior to 4:00 pm the day ofthe meetinr in order to be to speak during the comments period during the meeting. Comments can also be emailed. Send an email to Oanninenaspokanevalley.org and comments will be read into the record or distributed to the Commission members through email. 3. Link to Zoom Meeting information: https://st)okaneval lev.zoom.us/mectine/tJAvc- _ghri kvIiNTzGmAkNUNFcIPDoz95t7ik/ics?icsToken=98tyKuC srD8pE9S XtR- HRowlAI-gb PziHvYeolDhiiolit9Vv3ONctvF[IlSY3E Join Zoom Meeting httys:Hspokanevallev.zoom.us/'/94243902560 Meeting ID: 942 4390 2560 One tap mobile +16699006833„94243902560# US(San Jose) Dial by your location +1 253 215 8782 US (Tacoma) Find your local number: https:Hsookanevallcv.zoom.us/u/acfpP00tGV 4. CALL TO ORDER 5. PLEDGE OF ALLEGIANCE 6. ROLL CALL 7. APPROVAL OF AGENDA 8. APPROVAL OF MINUTES: July 23, 2020 9. COMMISSION REPORTS 10. ADMINISTRATIVE REPORT 11. PUBLIC COMMENT: On any subject which is not on the agenda. 12. COMMISSION BUSINESS: a. Public Hearing: CTA-2020-0003, Proposed amendment to Spokane Valley Municipal Code Chapter 19.25, Nonconforming Uses and Structures b. Study Session: STV-2020-0001, A proposed street vacation of a portion of Desmet Court between Indiana and Flora 13. FOR THE GOOD OF THE ORDER 14. ADJOURNMENT I. II. IV Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall July 23", 2020 Chair Johnson called the meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. Commissioners, staff and audience stood for the pledge of allegiance. Administrative Assistant Taylor Dillard took roll and the following members and staff were present: Fred Beaulac, Joined At 6:25 pm Walt Haneke James Johnson Danielle Kaschmitter Tim Kelley Bob McKinley Sherri Robinson Erik Lamb, Deputy City Attorney Jenny Nickerson, Building Official Mike Basinger, Economic Development Manager Lori Barlow, Senior Planner Chaz Bates, Senior Planner Taylor Dillard, Administrative Assistant Marianne Lemons, Office Assistant There was a consensus from the Planning Commission to excuse Commissioner Beaulac from the meeting. AGENDA: Commissioner Kaschmitter moved to approve the July 23, 2020 agenda as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. V. MINUTES: Commissioner Kaschmitter moved to approve the amended June 11, 2020 minutes as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. Commissioner Kaschmitter moved to approve the July 9, 2020 minutes as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Chairman Johnson reported that he has continued to attend the Spokane County Human Rights Task Force meetings. There were no other reports. VII. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson reminded the commissioners to drop off their yellow binders to City Hall so they can be used for the City Council packets. Ms. Nickerson also requested that the letter from applicant Jay Rambo regarding CPA-2020-0003 and the agency comments included for CTA-2020-0003 be removed from the Planning Commission Packet. They were included in error. VIH. PUBLIC COMMENT: There was no public comment. 07-23-2020 Planning Commission Minutes Page 2 of 4 IX. COMMISSION BUSINESS: a. Findings of Fact: 2020 Annual Comprehensive Plan Amendments Senior Planner Chaz Bates gave a presentation to the commission. He explained that there were two study sessions held on March 6, 2020 and June 11, 2020 regarding these amendments. The public hearing was held on June 25, 2020 and the Planning Commission deliberated on each amendment individually and came up with recommendations to be submitted to the City Council. The Planning Commission voted to recommend approval of CPA-2020-0001, CPA-2020-0002, and CPA-2020-0006. The Planning Commission voted to recommend denial of CPA-2020-0003 and CPA-2020-0007. This item is being heard to formalize those findings and the Planning Commission vote on each amendment. Commissioner Kaschmitter moved to approve and forward to City Council the findings and recommendation of the Planning Commission for the proposed Comprehensive Plan amendments CPA-2020-0001, CPA-2020-0002, CPA-2020-0003, CPA-2020-0006, and CPA-2020-0007. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. b. Findings Of Fact: CTA-2020-0001, A proposed amendment to Spokane Valley Municipal Code (SVMC) 19.180 Annexations Economic Development Manager Mike Basinger explained that the proposed amendment to the SVMC is to clarify the process and criteria to annex areas which are adjacent and contiguous to the City. It also ensures that the fiscal impacts of providing the facilities, utilities, services, and maintenance of the annexation areas are adequately considered prior to annexation. The process included a study session on June 11, 2020 and a public hearing on July 9, 2020. During the public hearing, the Planning Commission voted to recommend approval of the proposed change. This item is being heard to formalize those findings and the Planning Commission vote. Commissioner Kaschmitter moved to approve and forward to City Council the findings and recommendation of the Planning Commission for the proposed amendment CTA-2020-0001. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. c. Findings Of Fact: CTA-2020-0002, A proposed amendment to SVMC 19.90 Essential Public Facilities Senior Planner Lori Barlow stated that this proposed amendment is to prohibit locally significant Essential Public Facilities (EPF) in residential zones and allow EPF's in the Mixed -Use zone. The process included a study session on June 11, 2020 and a public hearing on July 9, 2020. The Planning Commission voted to recommend approval of the proposed change. This item is being heard to formalize those findings and the Planning Commission vote. Commissioner Kaschmitter moved to approve and forward the City Council the findings and recommendations of the Planning Commission for proposed amendment CTA-2020-0002. 2 07.23-2020 Planning Commission Minutes Page 3 of 4 There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. d. Study Session: CTA-2020-0003, Nonconforming Use Code Text Amendment Senior Planner Lori Barlow gave the Commission a presentation explaining that Chapter 19.25 of the SVMC regulates nonconforming uses and structures and defines what is considered a legal nonconforming use or structure. According to the municipal code, nonconforming uses are uses or structures that were legally permitted under the applicable regulations at the time the use or structure came into existence and began lawful operations but subsequent changes or amendments to the zoning regulations occurred and made the use or structure nonconforming. Under this section of the municipal code, these nonconforming uses are allowed to continue and are subject to regulations of this chapter. The chapter also outlines the circumstances that a nonconforming use can be expanded. There are two reasons that the City has been prompted to look at this item. The first reason is regarding single family residential uses in a non-residential zoning district. In the applicability section of SVMC 19.25.010(4) states that existing legally established single- family residential uses located in a nonresidential zoning district are defined as a legal nonconforming use or structure. According to SVMC 19.25.030(E), if a structure is damaged by fire, flood, neglect, or act of nature more than eighty percent of the market value, it may not be rebuilt. This notation in the municipal code is causing problems for residents to get financing to either refinance a current mortgage or get a new mortgage. Banks want to make sure that they can retain their value in the event of a disaster. Staff is proposing to make a change to item four of the applicability regulation that states "existing legally established single-family residential uses located in a nonresidential zoning district shall not be deemed nonconforming and shall be permitted as a legal use." Commissioner Beaulac joined the meeting at 6:25 pm. Ms. Barlow continued that the second reason that has prompted the code text amendment is regarding the ability for property owners to expand nonconforming uses. The current regulations state that nonconforming uses can be expanded within the boundaries of the original lot and any lot adjacent to the original lot if they meet all criteria laid out in the code. Staff is proposing to remove the language from the code allowing expansion onto adjacent lots. Nonconforming uses will continue to be allowed to expand only within the confines of the boundaries of the original lot. Commissioner Haneke asked if a nonconforming use is only allowed to expand one time onto an adjacent lot. Ms. Barlow answered that staff interpretation would be that owners are limited to expand only one time onto an adjacent lot. However, this isn't a situation that has come up for review yet. The proposed amendment would limit expansions to only occur on the confines of the original lot and would prohibit expansion onto any adjacent locations. Commissioners Haneke and McKinley expressed concern over the change because it would limit businesses from growing. It's substantially less expensive to expand than relocate. Commissioner Haneke asked how many nonconforming residential units there are within the City limits. Ms. Barlow stated that she will try to get that data from the GIS analyst for the next meeting. Deputy City Attorney Erik Lamb mentioned that this will also apply to all mining operations. Currently in the code, all mining within the City limits is considered a nonconforming use 07.23-2020 Planning Commission Minutes Page 4 of 4 because mining really isn't appropriate within an urban setting. However, under the current regulations mining can be expanded onto adjacent properties if the owners purchase the land. This change will eliminate that ability. X. GOOD OF THE ORDER: Commissioner Beaulac apologized for being late to the meeting. Commissioner Haneke and Commissioner Kaschmitter thanked staff for their hard work. XI. ADJOURNMENT: Commissioner McKinley moved to adjourn the meeting at 6:54 pm. The vote on the motion was seven in favor, zero against, and the motion passed. James Johnson, Chair Date signed Deanna Horton, Secretary 4 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: August 13, 2020 Item: Check all that apply ❑ old business ❑ new business ® public hearing ❑ information ❑ study session ❑ pending legislation FILE NUMBER: CTA-2020-0003 AGENDA ITEM TITLE: Nonconforming Use Code Text Amendment (CTA) DESCRIPTION OF PROPOSAL: A CTA to prohibit the expansion of a nonconforming use onto adjacent lots and determine residential uses located in nonresidential zones are permitted uses. GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040, SVMC 19.25, RCW 36.70A.106 BACKGROUND: Chapter 19.25 SVMC regulates nonconforming uses and structures. Appendix A Definitions of the SVMC defines a nonconforming use as, "A lot, use, building, or structure, which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations pursuant to Chapter 19.25 SVMC." Chapter 19.25 SVMC defines what is considered a legal nonconforming use or structure, then provides conditions for how a legal nonconforming use may continue and be expanded. Generally, if a use or structure was legally permitted under the applicable regulations at the time the use or structure came into existence and began lawful operations, the use or structure is considered a legal nonconforming use if the current regulations and amendments to regulations otherwise prohibit such use. See SVMC 19.25.010. Legal nonconforming uses are allowed to continue as is until the use is discontinued or abandoned for a period of 12 consecutive months. See SVMC 19.25.020. The City's nonconforming use regulations were adopted in 2007 by Ordinance No. 07-015 and modified by Ordinance Nos. 09-036, 10-016, and 10-023. Ordinance No. 16-018 repealed the development regulations as part of the 2016 Legislative Update and adopted updated titles, which included chapter 19.25 SVMC, although no substantial substantive changes were made at that time. The chapter was further modified by Ord. 17-004 with housekeeping items. Of note, the primary amendments occurred in Ordinance No. 10-016 in 2010, by allowing nonconforming uses to expand on properties outside of the original boundaries of the use if certain criteria were met. However, allowing nonconforming uses to expand circumvents the intent of the comprehensive plan and zoning as the use becomes more invested at that location, rather than discontinuing the use, and moving to an appropriately zoned location. CTA 2020-0003 proposes to remove the criteria which allows for expansion outside of the original property boundaries, but allow expansion on site, subject to criteria. The language proposed rolls back the criteria and returns the development regulations to that language previously implemented prior to Ordinance No. 10-016. During the 2016 Legislative Update, minor changes were made in chapter 19.25 SVMC that provided that a residential use in a nonresidential zone was a legal nonconforming use. Previously, the language provided that residential uses in nonresidential zones "shall not be deemed nonconforming and shall he permitted as a legal use." The implication of the change to those residential uses is that if they are damaged by fire, flood, or neglect, and the damage represents more than 80% of market value of the structure, they may not be rebuilt. This has created a financing issue for affected single family homes. The language proposed returns the language to the previous verbiage and identifies the residential use as a permitted use not subject to the nonconforming use regulations. Between the study session and public hearing, staff identified an additional minor change to clarify that residential uses are allowed on a "like- RPCA Public Hearing — CTA-2020-0003 Nonconforming use regulations Page 1 of 2 for -like" basis. Thus, a damaged single-family home cannot be replaced with a multi -family dwelling, and cannot be further subdivided for residential purposes. This will prevent additional non -conformities within the Industrial zones. RECOMMENDED ACTION OR MOTION: Conduct the public hearing and deliberate on the amendment. The Planning Commission will adopt findings and make a recommendation on the amendment to City Council on August 27, 2020. An example motion for approval of the proposed amendment is: I move to recommend approval of CTA- 2020-0003 to the City Council. STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: 1. Staff Report 2. Chapter 19.25 SVMC with proposed changes 3. PowerPoint presentation PPCA Public Hearing — CTA-2020-0003 Nonconforming use regulations Page 2 of 2 COMMUNITY AND PUBLIC WORKS BUILDING & PLANNING Spokane STAFF REPORT AND RECOMMENDATION TO THE jValley PLANNING COMMISSION CTA-2020-0003 STAFF REPORT DATE: July 27, 2020 HEARING DATE AND LOCATION: August 13, beginning at 6:00 p.m.; Due to the restrictions on public gatherings arising from the covid-19 outbreak, and pursuant to Governor Inslee's Stay Home, Stay Healthy Proclamation (No. 20-25) and Proclamation 20-28 (and associated extensions), this hearing will be conducted remotely using web and telephone conference tools. A link to the Zoom meeting will be provided on the agenda and posted to the City's webpage: www.spokanevalley.org/planningcommission. Proposal Description: A city -initiated code text amendment (CTA) to chapter 19.25 of the Spokane Valley Municipal Code (SVMC) to prohibit the expansion of a nonconforming use onto adjacent lots, determine residential uses located in nonresidential zones are permitted uses, and other housekeeping items. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, 19.30.040. SUMMARY OF CONCLUSIONS: Staff concludes that the proposed amendments to chapter 19.25 SVMC is consistent with the minimum criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Lori Barlow, AICP, Senior Planner. REVIEWED BY: Jenny Nickerson, Building Official. ATTACHMENTS: Exhibit 1: Proposed Amendment APPLICATION PROCESSING: Chapter 17.80 SVMC, Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Process Date Department of Commerce 60-day Notice of Intent to Adopt Amendment July 21, 2020 SEPA — DNS Issued July 24, 2020 Published Notice of Public Hearing: July 24 and 31, 2020 Background: Chapter 19.25 SVMC regulates nonconforming uses and structures. Appendix A Definitions of the SVMC defines a nonconforming use as, "A lot, use, building, or structure, which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations pursuant to Chapter 19.25 SVMC." Chapter 19.25 SVMC defines what is considered a legal nonconforming use or structure, then provides conditions for how a legal nonconforming use may continue and be expanded. Generally, if a use or structure was legally Staff Report and Recommendation CTA-2020-0003 permitted under the applicable regulations at the time the use or structure came into existence and began lawful operations, the use or structure is considered a legal nonconforming use if the current regulations and amendments to regulations otherwise prohibit such use. See SVMC 19.25.010. Legal nonconforming uses are allowed to continue as is until the use is discontinued or abandoned for a period of 12 consecutive months. See SVMC 19.25.020. The City's nonconforming use regulations were adopted in 2007 by Ordinance No. 07-015 and modified by Ordinance Nos. 09-036, 10-016, and 10-023. Ordinance No. 16-018 repealed the development regulations as part of the 2016 Legislative Update and adopted updated titles, which included chapter 19.25 SVMC, although no substantial substantive changes were made at that time. The chapter was further modified by Ord. 17-004 with housekeeping items. The primary amendments occurred in Ordinance No. 10-016 in 2010, by allowing nonconforming uses to expand onto properties outside of the original boundaries of the use if certain criteria were met. However, allowing nonconforming uses to expand circumvents the intent of the comprehensive plan and zoning as the use becomes more invested at that location, rather than discontinuing the use, and moving to an appropriately zoned location. CTA 2020-0003 proposes to remove the criteria which allows for expansion outside of the original property boundaries, but allow expansion on site, subject to criteria. The language proposed rolls back the criteria and returns the development regulations to that language previously implemented prior to Ordinance No. 10-016. During the 2016 Legislative Update, minor changes were made in chapter 19.25 SVMC that provided that a residential use in a nonresidential zone was a legal nonconforming use. Previously, the language provided that residential uses in nonresidential zones "shall not be deemed nonconforming and shall be permitted as a legal use." The implication of the change to those residential uses is that if they are damaged by fire, flood, or neglect, and the damage represents more than 80% of market value of the structure, they may not be rebuilt. This has created a financing issue for affected single family homes. The language proposed returns the language to the previous verbiage and identifies the residential use as a permitted use not subject to the nonconforming use regulations. ANALYSIS: Currently legal nonconforming uses are allowed to continue indefinitely so long as operations are not abandoned or discontinued for more than 12 months, may be replaced with a conforming use or another nonconforming use and expanded onto adjacent lots, if certain criteria are met subject to the criteria in SVMC 19.25.020. Additionally, legally established single-family residential uses located in a nonresidential zone are subject to the regulations of chapter 19.25 SVMC. The proposed amendment: 1. Prohibits the expansion of a legal nonconforming use onto adjacent properties to protect the interests of property owners within the immediate area consistent with the zoning district. As noted above legal nonconforming uses are allowed to continue, be replaced by another nonconforming use, and even expand onto adjacent lots if several criteria are met. The purpose of nonconforming use regulations is generally to create a regulatory framework to allow a nonconforming use to continue operations with the intention that at some point the use will transition to a conforming use after the nonconforming use ceases. The Comprehensive Plan land use designation is the guide for future development, and over time it anticipates that the use will conform to the Plan. However, because the regulations allow for expansion on site, on adjacent lots, and the ability of a nonconforming use to transition to a different nonconforming use, it has been found that the nonconforming uses are not transitioning to appropriate zones, but growing and changing operations in those locations. The byproduct of these regulations has been Page 2 of 5 Staff Report and Recommendation CTA-2020-0003 continued investment in the sites, making it less likely that the use will transition to a conforming use consistent with the comprehensive plan, and encroachment of an incompatible use into adjacent areas. The City can cite two examples. The first example is the Hite Crane example. The previous use of the Hite Crane properties appears to have been a fence company with a contractors yard for product, vehicle and equipment storage. The business was operating on two parcels in an area zoned Corridor Mixed Use (CMU). Surrounding land uses included the Greenacres Middle School, single family uses and an older manufactured home park. CMU allows a range of commercial, limited light industrial uses, and residential uses. The fence company was nonconforming. The Hite Crane business purchased the two lots of the former fence company after it was determined to meet the criteria that would allow a different nonconforming use to begin operations, and then allowed to expand operations to the adjacent lot following the purchase. Pursuant to SVMC 19.20.015(F) the CMU allows for light manufacturing, retail, multifamily, and offices along major transportation corridors and provides that adjacent residential zones are protected through transitional standards. Although the CMU zoning district requires transitional regulations to offset the impacts of higher intensity uses on less intensive uses, they attempt to use setbacks and vegetation to create a buffer between the uses and preserve privacy. The standards cannot fully mitigate the impacts of fumes and noises from trucks and equipment, or noise from employees or customers and industrial vehicle traffic that affect the reasonable enjoyment of adjacent properties. The investment of the expansion decreases the likelihood that the nonconforming use will transition to a nonconforming use and increases the incompatibility with the existing land uses that are consistent with the intent of the comprehensive plan. The second example involves property located at 11323 E. Dishman Mica Road. In 2014 the property owner requested a Nonconforming Use Determination (ADI-2014-0001) to allow recreational marijuana processing as a nonconforming use to replace the Industrial Supply and Rigging business that previously existed on the site as a nonconforming use. The decision determined that marijuana processing would be allowed to replace the existing nonconforming use at that location with the stipulation that processing would be limited to cutting and bagging marijuana. In 2017 a second determination was requested (ADI-2017-0001) to determine if the nonconforming use rights of the property would include marijuana growing and carbon dioxide processing, in addition to the marijuana processing currently allowed. The request was denied. While the example doesn't speak to an expansion of the use to adjacent properties, it does identify how a nonconforming use is replaced by a new nonconforming use, and how the use continues to grow outside of the intent of the zoning district. At the time the initial determination was made, the carbon dioxide processing was not the typical form of processing. Over time, carbon dioxide processing became a more typical method, and as a result the business owner requested to expand the use. It was determined that several public safety risks were associated with that type of processing, and that the growing operation may also present issues not anticipated by the code. As a result the request was denied, and the nonconforming use was limited by the decision of ADI-2014-0001. The example highlights how original nonconforming properties can evolve into new nonconforming uses, how the changing land use trends are absorbed into the community, and how continued investment in the property continues the likelihood of future nonconforming uses that are inconsistent with the Comprehensive Plan. Based on the current code, the regulations would allow a request to expand to adjacent properties, and if the criteria were met, the request would be approved. 2. Determines legal nonconforming single family residential uses in nonresidential zones to be permitted uses and not subject to the chapter 19.25 SVMC Nonconforming use regulations. Page 3 of 5 Staff Report and Recommendation CTA-2020-0003 The amendment recognizes that residential uses exist within the RC, IMU and I zones. The amendment recognizes that until the market determines that the value of those existing residences is great enough to warrant the redevelopment costs of the property that the residential uses will remain. At this point, adequate available land exists to provide for commercial and industrial uses that may not support the redevelopment of the land, and as a result it is anticipated that those nonconforming pockets of residential development will continue as residential. Until the market changes, the regulations create an unnecessary burden on the property owners that affects their ability to sell or refinance the property. The primary issue impacting the property stems from the regulation that restricts the rebuilding of the property if it is damaged to an extent that is greater than 80% of the market value of the property. This creates uncertainty for financial lenders knowing that damages could determine if the use could be rebuilt or continue as residential. It additionally creates a situation where the property could remain vacant subsequent to damages if a residence could not be rebuilt, and the market is not ready to absorb the cost of redeveloping other immediate residential properties in order to aggregate an adequately sized parcel. The purpose of the amendment is to establish a stable regulatory framework allowing nonconforming residential uses to continue until the market supports the redevelopment of the residential property. Between the study session and public hearing, staff identified a minor change to clarify that while such uses are allowed to allow rebuilding damaged homes, further subdivision of the land is not allowed since it further expands and amplifies the nonconformity of the use. A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan: Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following Comprehensive goals and policies: LU-GI Maintain and enhance the character and quality of life in Spokane Valley. LU-P5 Ensure compatibility between adjacent residential and commercial or industrial uses LU-P7 Protect residential neighborhoods from incompatible land uses and adverse impacts associated with transportation corridors. ED-G3 Balance economic development with community development priorities and fiscal sustainability. T-G2 Ensure that transportation planning efforts reflect anticipated land use patterns and support identified growth opportunities. T-P2 Consider neighborhood traffic and adverse impacts of public and private permitting, and construction phases. livability conditions and address potential projects during the planning, designing, Page 4 of 5 Staff Report and Recommendation CTA-2020-0003 ii. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment: Staff Analysis: The proposed amendment bears substantial relation to public health, safety, welfare and protection of the environment. Allowing nonconforming uses to operate and expand onsite protects the interests of the property owners and the investments made; restricting the expansion to those properties on site ensures that future growth is consistent with the comprehensive plan and protects the interest of the surrounding properties. The proposed amendment recognizes that nonconforming residential uses may be the best use of the property until the market supports the redevelopment of the property to either a commercial or industrial use and establishes a stable framework for the residential property owner to address the concerns of financial lenders. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Adequate public noticing was conducted for CTA-2020-0003 pursuant to adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: The City has not received any agency comments to date. b. Conclusion(s): No concerns noted. B. CONCLUSION For the reasons set forth in Section A the proposed code text amendment to prohibit the expansion of legal nonconforming uses onto adjacent properties, determine that legally permitted residential uses located in nonresidential zones are permitted uses, and other housekeeping items is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. Page 5 of 5 Draft Draft Chapter 19.25 NONCONFORMING USES AND STRUCTURES Sections: 19.25.010 Applicability. 19.25.020 Continuing lawful use of property. 19.25.030 Nonconforming structures. 19.25.040 Completion of permanent structures. 19.25.010 Applicability. A. Legal nonconforming uses and structures include: I. Any use which does not conform with the present regulations of the zoning district in which it is located that was in existence and in continuous and lawful operation prior to the adoption of SVMC Title 19; 2. Any permanent structure in existence and lawfully constructed at the time of any amendment to SVMC Title 19, which by such amendment is placed in a zoning district wherein it is not otherwise permitted and has since been in regular and continuous use; 3. Any permanent structure lawfully used or constructed that was in existence at the time of annexation into the City and which has since been in regular and continuous use; 4. Existing legally established single-family residential uses located in a nonresidential zoning district ose B. Structures or uses deemed nonconforming only pursuant to the SMA (Chapter 90.58 RCW) and the City SMP (Chapter 21.50 SVMC, Shoreline Regulations) shall comply with the provisions of SVMC 21.50.160. (Ord. 16-018 a 6 (Att. B), 2016). 19.25.020 Continuing lawful use of property. A. The lawful use of land at the time of passage of SVMC Title 19, or any amendments hereto, may be continued, unless the use is discontinued or abandoned for a period of 12 consecutive months; except that any nonconforming use discontinued as a result of foreclosure orjudicial proceedings, including probate, shall be permitted to continue for a period not to exceed 24 months. The right to continue the nonconforming use shall transfer to all successive interests in the property. Discontinuance of a nonconforming use shall commence on the actual act or date of discontinuance. B. A nonconforming use that is abandoned or discontinued shall not be replaced with another nonconforming use. C. A nonconforming use which has not been abandoned or discontinued may be replaced with a conforming use or another nonconforming use when the use meets the following criteria: I. The new use is not less conforming than the prior use. This determination shall be made by the city manager or designee; 2. The proposed use does not place a greater demand on transportation and other public facilities than the original use; and 3. The proposed use does not adversely impact the use of neighboring property. D. A nonconforming use may be expanded only within the boundaries of the original lot and an) lot at the time the use on the original lot became nonconforming, if: 1. The expanded use does not degrade the transportation level of service greater than the original use; 2. The expanded use does not adversely impact the use of neighboring property; CTA-2020-0003 Page I August 4, 2020 Draft 3. Any transfer of ownership on adjacent lots was made concurrently with the transfer of ownership of the lot on which the nonconforming use is located as part of a single transaction; and 4. The expansion does not create additional development opportunities on adjacent lots that would not otherwise exist. E. A noneenfoFming eFigiRal W and any lot adjacent to the er+gina:- let; iP. 1. The OF rinal lob and the 4'0?rVa"si"H" W afe n the same c +#istrifk 2. Theexpanded_ Ofserviee,_ fla:and F. Residential lots made nonconforming relative to dimensional requirements shall be deemed conforming if the use is allowed in the respective zoning district. G. Nonconforming uses that do not provide the required number of off-street parking spaces pursuant to current standards shall not be required to meet parking standards. H. Any nonconforming use damaged by fire, Flood, neglect, or act of nature may be replaced if: 1. Restoration of the use is initiated within 12 months; and 2. The damage represents less than 80 percent of market value. 1. Any nonconforming use changed to a conforming use shall not be permitted to convert to a nonconforming use (Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016). 19.25.030 Nonconforming structures. A nonconforming structure may be expanded in accordance with the following: A. The expansion or alteration does not change the occupancy classification under adopted building codes; B. The expansion or alteration does not create additional nonconformity with respect to building setbacks or lot coverage; additions to nonconforming structures shall meet setbacks required within the zoning district; C. The number of dwelling units does not increase so as to exceed the number of dwelling units permitted within current regulations; D. Off-street loading and/or parking, stormwater facilities, and landscaping shall be provided for the alteration or expansion in accordance with Chapter 22.50 SVMC; and E. Nonconforming structures damaged by fire, flood, neglect, or act of nature may be replaced if I. Restoration of the structure is initiated within 12 months; and 2. The damage represents less than 80 percent of market value of the structure. (Ord. 16-018 § 6 (Att. B), 2016). 19.25.040 Completion of permanent structures. Compliance with Chapter 19.25 SVMC shall not require changes to the plans, construction, or designated use of a structure for which: A. A building permit has been issued or a site plan approved by the City or county prior to incorporation of the City or the effective date of SVMC Title 19; or CTA-2020-0003 Page 2 August 4, 2020 Draft B. A substantially complete application for a building permit was accepted by the building official on or before the effective date of the SVMC Title 19; provided, that the building permit shall comply with all applicable regulations on the date that the application was filed and the building permit is issued within 180 days of the effective date of Chapter 19.25 SVMC. (Ord. 16-018 § 6 (Att. B), 2016). 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G ƒ # & G a §@ 2 w w o w a $ Q w u i O w E o � O /\ (Z O � V x W C c 0 x Wn, W N V' E _0 0 0 Z 0 _W E a LU a 0 a CCV C G C C a 0 £ N v :E U i Wa M } N M N 4f N i I, $ � \ a 5 2 E k k x_ n D % |� \± ƒ 0 § - ; (D # \ » ;o- - \ G a 0 \\ C ƒ\ j §� oe }\\\� s e u = z } © § 3 \ 0 \ 2 \ \ 2 I \0 eo_ k - -� ° ® f /G a � C e (D >4% @ G $; c > e - O 7 $ zz e U m 0 0 /( D L 0) (D% 0 CN % \ $ G\ S e 2 0§ £ -0, s \ § \ 6$-0 &( § k\\ƒ 0./ xx xe / G �\ �} 6) c w w o a« D � CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: August 13, 2020 Item: Check all that apply ❑ old business ® new business ❑ public hearing ❑ information ® study session ❑ pending legislation FILE NUMBER: STV-2020-0001 AGENDA ITEM TITLE: Study session — street vacation of Desmet Court DESCRIPTION OF PROPOSAL: Request to vacate the east 220-feet of Desmet Court and dedicate 126.10-feet of public right-of-way to the City of Spokane Valley as a condition of street vacation approval. GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; RCW 35A.47.020 and RCW 35.79 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None; City Council passed Resolution 20-012 setting the public hearing. BACKGROUND: The City received an application on May 28, 2020 from Hanson Industries, the owner of the adjacent properties, requesting a street vacation of 220-feet of Desmet Court. The total area to be vacated for Desmet Court is approximately 12,847 square feet. The right-of- way width is 50-feet and increases to 95-feet wide at a cul-de-sac. Upon vacation, right-of-way immediately west to allow Desmet to terminate in a cul-de-sac will be dedicated to the City. The portion of right-of-way proposed to be vacated is located between Indiana Avenue (west) and Flora Road (east) and adjacent to three parcels (45131.0507, 45131.0509 and 45131.0510). The property owner is making a request for the following reasons: l . The proposed vacation will reduce the length of Desmet Court by 220-feet and dedicate a new cul-de-sac to serve the public use. 2. The reduced length of Desmet Court will reduce City maintenance costs of snow removal and repaving. 3. The vacation will allow maximum use of abutting properties because parcels 45131.0507, 45131.0509 and 45131.0510 owned by Hanson Industries accounts for the majority of ownership along Desmet Court. On July 28, 2020 the City Council passed Resolution 20-012 to set a public hearing date with the Planning Commission on August 27, 2020. The street vacation process is prescribed in 22.140 SVMC and conducted following the City's process of presenting three touches each to Planning Commission and City Council. Staff will discuss the project and the process at the May 91h meeting. RECOMMENDED ACTION OR MOTION: No action recommended at this time. The Planning Commission will conduct a public hearing and consider the street vacation on August 27.2020. RPCA Study Session for STV-2020-0001 Page 1 of 2 STAFF CONTACT: Connor Lange, Planner ATTACHMENTS: 1. Application material 2. PowerPoint presentation RPCA Study Session for STV-2020-0001 Page 2 of 2 c O C6 U m N L ,+-+ V 1 0 C N O CD'i�— (N V) von cYl o a M paleaen yinOD lawsaQ ❑ ,fananS3op.aoaag ❑ pueaaueulpap paoaag M31Aag 33eaS ❑ pagslles suoIl!pu03 ❑ N 0 2 d v e $ E°y o e 'aa `ac 4q paunoj f4ta ❑ w^ W Z V Q y v] a0 C o0 GL Q ao�ss.mmOJ Suluusld � ❑ , ^e 0 F OZOZ `LZ lsn3nV jo; Suusaq aggnd las jpuno�) Xp len!mgnS uoileagddd lemaoA ICI M L O �- `� cn O O O (V _ E OO O L (6 d• ca Ol � Q L Lr) L Z5 m o m D N v U a--+ O U }, U L v N E 4- v O ° Z o C: O -0 c O •— U m - i Q r Z bA t�A ._ N ' 'i cn OU f6 L U U fB L L O_ O 0- Lr) Q V) v U O O cc ro I b I W Z y Jill 4sF WIZ Z Z 9 o z:l , I3N e I �p�L< g p n I ram/ UU EWzi r m i> alai / Q N Z W W Z< U � QOFa q � 4 i p id, b. m 24 24'i .- C ae�e? U v 0 4.1 v d-J V) 0 U c� N N N U U CIO (10 0 W 0 z 0 V 0 z 0 0 V J Q z W a N v Q) V) a� V) to U U CD R to d-J N O L Q E m O L U L N O t]A N N Ln 4-1 N E > v (� L N U p O OU 3 O �0 N Q1 ' j r-I D L (� m o Q) � = Q c-I N � aJ O Lr) (B i L +�+ i to O Q) v O U C6 CD v � N >O E ri E i aJ Ln E E X r-4 — aJ _Ln Ln c v aJ E ON 4A Ln O aJ O O Q O .�ro ° = c� u� ao0 0-0N v 0 0 0 O N v 0 V) rH aJ _0 Q) v a) � a- j Q f`n O Q)O r' ' J On I�� STREET VACATION APPLICATION w SVMC 22.140 r((I* _..__ 10210 E Sprague Avenue * Spokane Valley WA 99206 Pone: 09) 720-5240 # Fax: (509) 720-5075 4 p �.. - <r.. p .,- . ,Ilc} :rg STAFF USE ONLY MAY Z B 2020 Date Submitted: y��Rei PLUS PART 1- REQUIRED MATERIAL -THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED- (Q Completed Application Form ❑ Application Fee ® Notice of Application Packet (17.80.110) —Adjacent Property(ies) Id Written Narrative — A written narrative describing the reasons for the proposed street vacation, the physical limits of the proposed street vacation and the public benefit of the proposed street vacation. L�Wrltten Correspondence from Utility Purveyors t, Telephone ✓ Cable Electric Other (Specify)_ -,Water District __,-:Fire District Gas Utility ;Sewer Utility Vicinity Map — Submit a map showing the general area of the proposed vacation Q Record 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. 0 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: Whipple Consulting Engineers MAILING ADDRESS: 21 S. Pines Rd. STATE: WA I Zip: 99206 7 I FAx: (509)92"227 1 CELL: I EMAIL: PROPERTY OWNER No. 1: HANSON INDUSTRIES MAILING ADDRESS: 15807 E INDIANA AVE CITY: SPOKANE I STATE: WA ZIP: 99216 PL-15 V1.0 Page 1 of O Df� FAX: -_ STREET VACATION APPLICATION i CELL: EMAIL: PROPERTY OWNER NO. 2: MAILING ADDRESS: Clio: SPOKANE STATE: WA zip: PHONE: FAX: CELL: I EMAIL: /(more than two (2) abutting property owners, include information and written authorization on a separate sheet of paper for each. NAME OF STREETIALLEY TO BE DARE FEET OF STREEVALLEY TO BE VACATED: -12 ABUTTING TAX PARCEL NOI OF E DESMET CT. AND .3 SF 45131.0524, 45131.0507, 45131,0509 AND 45131.0510 ADDRESSES OF ABUTTING PARCELS: 1 16926 AND 16916, E DESMET CT 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 ANDIOR 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 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 36.79.030 PART III - AUTHORIZATION (Signature of owner or authorized representative) I, SUSAN M MOSS (print name) swear or affirm that the above responses are made truthfully and to the best of my knowledge. 131230 (Signature) (Date) NOTARY STATE OF WASHINGTON) ss: COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this Ivy, dayof20_ NOTARY SEAL �"%, pyDRADE °Y: vQOOvc . NDZlS- f•FQ\P� TE. Notary Public in and for the State of Washington Residingat:_ My appointment expires: 1 UIl L/, LEGAL OWNER NO. 1 AUTHORIZATION: qw q h I-V, A KF*Xt-e- ;MIJ*- If the a pli ant is no the gal ow er(s), the owner must prQyide the following acknowledgement; Wier of the above described property do hereby authorize WHIPPLE rik'141 LTING ENGINEERS to represent me and my interests in all matters regarding this application. PL-15 V1.0 Pago 3 of May 11, 2020 W.O No. 2018-2266 City of Spokane Valley 10210 E. Sprague Ave. Spokane Valley, WA 99206 IW Ilihipnle Consulting Engineers, Inc. RE: Desmet Court Street Vacation Narrative To Whom it May Concern; Project RECEIVE MAY 2 8 2020 COSY PERMIT CENTER SUS#F--'� REV #C This letter will serve as the narrative for the Street Vacation of E. Desmet Court approximately 220 feet in length. Our discussion of the vacation can be seen below in bold. The street vacation of E Desmet Ct is 12,847.4 sf, see the roadway vacation exhibit for more details. The vacation is due to the design of the remaining undeveloped lots and how best to develop said lots. These lots will be aggregated for a future multi- family project. This new design would require less Right of Way access all lots moving the cut de sac and all affected utilities by the street vacation will be relocated to fit the design. 1. How does a change of use or vacation of the street/alley improve service to the public? This street vacation will shorten Desmet Ct. by approximately 220 feet with a new cut de sac for the public following all city requirements. The lots will use this additional land which was vacated to its full potential. 2. Is the street or alley no longer required for public use or public access? Explain. The subject street vacation is no longer required for public use due to new design of the adjacent lots. The public will still have use of a new cut de sac. 3. Would substitution of a new and/or different public right-of-way better serve the public? Explain. See previous answers. 4. How will use or need for this right-of-way be affected by future conditions? Explain. The vacated right of way will be used in the development for a better layout of the lots being developed. All utilities which are within the street vacation may be 21 South Pines Rd. • Spokane Valley, WA 99206 111 PO Box 1566 • Veraciale, WA 99037 Phone 509-893-2617 • Fax 509-926-0227 • WhippleCE.com • Info@WhippleCE.com Civil, Structural, Traffic, Survey, Landscape Architecture and Entitlements relocated if there is any conflict with the new cul de sac. Those easements which may extend into the vacated street will be updated per city requirements. 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)? There may be some easements which can remain, but most easements will need to be relocated due to their placement around the existing cul de sac. 6. Does the right-of-way include stormwater drainage facilities (specify)? The vacated right of way does have stormwater drainage facilities which will be need to be revised for the new cul de sac and onsite changes. Should you have any further questions regarding the project or this narrative, please call our office at (509)893-2617. Sincerely, Susan M. Moss, A.S.L.A. Whipple Consulting Engineers o cn LJ 0 OH w00U 0'ae Q aa> I Z 09,9Z W r In I LO O J z N- N^ Q w N ui wZ =8. ZoA W m w Z Z¢Z,§ Z I J . IRS J >> J�(n>LL N d H W p Z O w w¢Z�m �3Jf as 3„ UL.00N Pi o �irn o m Z M O ❑ Lo M 3 W z z Ld Z Z � fO 0 0 a N .00 z L o ❑ Q w LO a Q N QUF3 Q a� En} a_ L J 0 W Z J > E-m >-i zW — z /////// //////// mZ QW .09'9Z op=❑ Cj ;° ////// Q tIL —In O 0 I I o C� f°UUD m I 0 p to 24 24' I LLn o m I F- O N ° J w Z0w 0FQIL ry Ira° 1100<Ln Johanna Herzog Subject: FW: 2266 Desmet Ct. Street Vacation From: Susan Moss Sent: Wednesday, May 13, 2020 5:31 PM To: Johanna Herzog <jherzog@whipplece.com> Subject: FW: 2266 Desmet Ct. Street Vacation -"ipole ConButtfno Enptn"re From: Kevin Wells <<._,w1 ; v�rawa[ :,; —d. ower.com> Sent: Wednesday, May 13, 2020 5:23 PM To: Susan Moss < > Subject: RE: 2266 Desmet Ct. Susan, Project # f'- 7n /In RECEIVED MAY 2 8 2020 COSV PERMIT CENTER SUB # REV. #� I don't have access to all of the old easement and annexation documents while working at home. My guess is that if this area is within the original boundary, it is covered by our 1908 blanket easement. It is either just inside or just outside of that boundary and I have no way of knowing without the old documentation. We don't have any current facilities within the road, but we have a joint annexation with Consolidated in the area and they may have facilities serving property within their or our districts. To provide further information will require significant investigation that is impossible to complete under these circumstances. I will be happy to do the research as soon as we re -open the office. Kevin Sent from for Windows 10 From: Sent: Monday, May 11, 202011:21 AM To: Subject: FW: 2266 Desmet Ct. Hi Kevin, To all Utilities, Reference a Street Vacation at the end of E Desmet Ct. past 16609 E Desmet, Spokane Valley. Attached are pdfs showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of Desmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. Thank you for your help. Wnippla Co zu'I:np eng:naam Johanna Herzog From: Byus, Dave <Dave.Byus@avistacorp.com> Sent: Thursday, May 14, 2020 1:52 PM To: Johanna Herzog Subject: RE: [External] 2266 Desmet Cf. street vacation - Following Up From: Johanna Herzog [mailto:jherzog@whipplece.com] Sent: Thursday, May 14, 2020 1:37 PM To: Byus, Dave <Dave.Byus@avistacorp.com> Cc: Susan Moss <smoss@whipplece.com>; Allyson Andrade <aandrade@whipplece.com> Subject: RE: [External] 2266 Desmet Ct. street vacation - Following Up -ii Dave, Thanks for the call. I have attached our most recent Site Plan for the Quarry Apartments, which are planned for north of Desmet Court have also attached our tentative Street Vacation Application with a viclrlty ma_-. Please let me know if 'here is anythirp else' ran send Vour vda+r that would hrlp. From: Byus, Dave ( ] Sent: Thursday, May 14, 2020 10:37 AM To: Johanna Herzog < >; Susan Moss < > Subject: FW: [External] 2266 Desmet Ct. street vacation - Following Up Susan/Johanna I took a look at this as I review all street vacations and any land planning actions in this part of Avista's territory. I do have an issue with the street vacation with the limited information that was supplied. We would normally receive a full application with full details from the City. In this case all I have is a vicinity map and proposed area of vacation. We have full electrical and gas services installed all the way around Desmet Ct and the proposed area to be vacated. There is no future site plan or indication as to how this service will be rerouted to serve the future parcels. I would need to coordinate with John Luse on a plan to cut and reroute the services based on the future plans. Also, will new utility easements be needed for the new rerouted service? Our current utilities are under easements dedicated in a previous Binding Site Plan. Please elaborate and provide information regarding the future for the surrounding parcels and what the plan will be to relocated the existing utilities. Dave Byus Real Estate Representative AIVISTA 15 -lr=ft From: Luse, John Sent: Thursday, May 14, 202010:15 AM To: Byus, Dave < > Subject: FW: [External] 2266 Desmet Ct. street vacation - Following Up John Luse Customer Proj>ct Coordinator ANVISTA- From: Johanna Herzog [ ] Sent: Thursday, May 14, 2020 9:58 AM To: • Luse, John < > Cc: Allyson Andrade < >; Susan Moss < > Subject: [External] 2266 Desmet Ct. street vacation - Following Up 2 To all Utilities, I am following up on a request sent by Susan Moss last Friday in regards to correspondence on the Desmet Ct. Street Vacation. If you could please send comments or easement documents regarding this Street Vacation sometime today, that would be greatly appreciated. Reference a Street Vacation at the end of E Desmet Ct. past 16609 E Desmet, Spokane Valley. Attached are pi showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of Desmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. Thank you for your help. Hanna Herzog Civil Engineering Intern Phone: 509.893.2617 ; Fax: 509.926.0227 IWCE Whipple Consulting Engineers r:x.m oio.a ac,m . spsum. •.:: .r.., w., >:»r VfeppfKE.wm Ou Li E6 USE CAUTION - EXTERNAL SENDER Do not dick on links or open attachments that are not familiar. For questions or concerns, please e-mail jo. sru, 1,4 - I,­_r.: CONFIDENTIALITY NOTICE -he contents of this email message and any altac Mnents are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure If you are not the intended recipient of this message or an agent of the intended recipient, or, if this message has been addressed to you in error. please immediately alert the sender by reply email and then delete this message and any attachments Johanna Herzog From: Welch, Mark <Mark.Welch@CenturyLink.com> Sent: Wednesday, May 27, 2020 11:20 AM To: Johanna Herzog Subject: RE: RE: 2266 Desmet Ct. street vacation - Following Up Here you go.. Mark Welch Engineer II 904 N. Columbus St., Spokane, WA, 99202 tel: 509.835.4604 cell: 509.703.2705 ,- CenturyLink- From: Johanna Herzog <jherzog@whipplece.com> Sent: Wednesday, May 27, 202011:14 AM To: Welch, Mark <Mark.Welch@Centurylink.com> Subject: FW: RE: 2266 Desmet Ct. street vacation - Following Up From: Johanna Herzog Sent: Friday, May 22, 2020 3:52 PM To: Cc: Susan Moss < >; Allyson Andrade < Subject: RE: 2266 Desmet Ct. street vacation - Following Up Hello Mr. Welch, I am following up on a request sent by Susan Moss last Friday in regards to correspondence on the Desmet Ct. Street Vacation. Susan mentioned that she has heard back from you regarding this project, however you did not provide the written response we need to complete our application. If you could please send comments or easement documents regarding this Street Vacation sometime today, that would be greatly appreciated. Reference a Street Vacation at the end of E Desmet Ct. past 16609 E Desmet, Spokane Valley. Attached are pdfs showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of Desmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. If you need more information to complete the comments, please let me know. Thank you for your help. Hanna Herzog Civil Engineering Intern Phone: 509.893.2617 ; Fax: 509.926.0227 /1 W__ -C. E WtNpple Consulting Englneors 21 WMMl PINd. SPM VMby, WR"M WNppb[E.cC lu U C) This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. Johanna Herzog From: consolidatedirrigation@comcast.net Sent: Tuesday, May 26, 2020 9:42 AM To: Johanna Herzog Cc: Susan Moss; Allyson Andrade Subject: RE: 2266 Desmet Ct. street vacation - Following Up Hanna, LOCA 2Eo fN IOfO 0506 LARGEPONO AR -A EX STING HOME it SERVED BY VERA B 2 of c IL 8' LEP— A.v, c ERV-.: BYCID 0.D. BASI VERA S S. AREA i W LIN; ACROSS 511 OSIO RF-WAY) 509 4 3. 08 I a I 0 CONSOLIDATED IRRIGATION DISTRICT 19 The District has an easement on the 12" main running north and south just west of the Large Pond Area and a 16" watermain on the north side running east and west along the pond area which I don't think affect the Street Vacation. The District has a 12" main on Desmet Court within the existing ROW. Thanks, From: Johanna Herzog <jherzog@whipplece.com> Sent: Friday, May 22, 2020 3:56 PM To: consolidatedirrigation@comcast.net Cc: Susan Moss <smoss@whipplece.com>; Allyson Andrade <aandrade@whipplece.com> Subject: RE: 2266 Desmet Ct. street vacation - Following Up Hello Mr. Sheppard, t I am following up on a request sent by Susan Moss last Friday in regards to correspondence on the Desmet Ct. Street Vacation. If you could please send comments or easement documents regarding this Street Vacation sometime today, that would be greatly appreciated. Reference a Street Vacation at the end of E Desmet Ct. past 16609 E Desmet, Spokane Valley. Attached are pdfs showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of Desmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. If you need more information to complete the comments, please let me know. Thank you for your help. Hanna Herzog Civil Engineering Intern Phone: 509.893.2617 , Fax: 509.926.0227 iWCE Whipple Ocsisulting Enginoors Johanna Herzog From: Depner, Colin <CDEPNER@spokanecounty.org> Sent: Thursday, May 28, 2020 1:51 PM To: Johanna Herzog Cc: Susan Moss Subject: RE: 2266 Desmet Ct. Street Vacation Attachments: Desmet Ct pub swr.pdf Hi Hanna - Please see attached. Environmental Services will require an easement for all the public sewer pipes within the vacation. Because of the depth of the existing public sewer, the minimum easement width will be 30', and all easements should be centered on the pipe. Regarding the attached pdf, the stub connected to the north MH invert is private, but all other pipes connected to that MH are public. Easements should extend 10' beyond the ends of the pipes. Also, I don't think the City of Spokane Valley has officially requested comments from Environmental Services yet on this project. Typically we comment directly to the planners or permit techs within a planning jurisdiction, so it's important that the City of Spokane Valley still routes this project through the regular communication channels if they haven't yet. We're quite busy and backed up in our office, so it's possible they've already routed it but we just haven't issued our official comments yet. Anyhow contact me again if you need additional information. Colin Depner Spokane County Environmental Services 1026 W. Broadway Ave. 4" Floor Spokane, WA 99260 509-477-7282 Video Inspection Requests Electronic Plan Submittal From: Johanna Herzog [mailto:jherzog@whipplece.comj Sent: Thursday, May 28, 202010:51 AM To: Depner, Colin <CDEPNER@spokanecounty.org> Cc: Susan Moss <smoss@whipplece.com> Subject: FW: 2266 Desmet Ct. Street Vacation Hello Mr. Depner, Whipple is working on a Street Vacation at the end of E Desmet Ct. past 16609 E Desmet, Spokane Valley. Attached are pdfs showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of Desmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on if the county has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is any sewer easement within 300' of the vacations. This correspondence will be in a submittal to the City of Spokane Valley with our street vacation packet. Please contact me if you have any questions. If you need more information to complete the comments, please let me know. Thank you for your help. Civil Engineering Intern Phone: 509.893.2617 Fax: 509.926.0227 iWCE Whipple Consulting Engineers '1f , j 1,J Johanna Herzog From: Harvey, Traci <HarveyT@SpokaneValleyFire.com> Sent: Thursday, May 14, 202011:28 AM To: Johanna Herzog Subject: RE: 2266 Desmet Ct. street vacation - Following Up We have not concerns or easements. All specific fire department requirements shall be conditioned on future commercial permits. SAVE A TREL 5%'FC J(Cepts d;jirtal play subl'ttd N % 4'.�::-eeded- Thanks Traci Harvey Fire Protection Engineer Spokane Valley Fire Department 2120 N. Wilbur Spokane Valley, WA 99206 509-892-4183 Work 509-892-4144 Fax From: Andersen, Patricia On Behalf Of Inspections Sent: Thursday, May 14, 2020 10:25 AM To: Harvey, Traci <HarveyT@SpokaneValleyFire.com> Subject: FW: 2266 Desmet Ct. street vacation - Following Up From: Johanna Herzog( , Sent: Thursday, May 14, 2020 9:58 AM To: < >; Inspections < Consolidated Irrigation District #19 Cc: Allyson Andrade < >; Susan Moss < Subject: 2266 Desmet Ct. street vacation - Following Up To all Utilities, I am following up on a request sent by Susan Moss last Friday in regards to correspondence on the Desmet Ct. Street Vacation. If you could please send comments or easement documents regarding this Street Vacation sometime today, that would be greatly appreciated. Reference a Street Vacation at the end of E Desmet Ct. past 16609 E Desmet, Spokane Valley. Attached are pdfs showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of Desmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. Thank you for your help. Civil Engineering Intern Phone:509.893.2617 1 Fax:509.926.0227 sW E Whipple Coneulting Engf "M y�.r1YNpWKEspe 432 { 107138 - _ . , AIS TIPDQiTURE, Made this seventh -day of June E A BE M E N T A.D. 1904 between Orla Bacon an unmarried man party of the first part and John A. Week, party of the eeo- ( Orlo Bacon. 'arid part l to WITNESSETH, John A. Week. WHEREAS, the said party of the second part is the owner of lot two (2) of section ten (10) In Piled Oct. l4, 1904. Is twenty=flue (25) worth, of range forty -tour i ® 9:58 A, M: (44) Past of the Willamette Meridlhn,, adjoining the Spbkane River, and Is desirous bf constructing a dam Req. John A. Week. or dame across the epid Spokane river, on the said ,r lot two (2) bf.,euch size or slobs or dimensions, and Z. Stewart. Co. Auditor: at such point upon said lot two (2). as the said R. W. Butler, peputy. party.of the second pArt','hie heirs and aaafgna, shall detirmins. ' Recorded Oct. 26:-,X904, That the said, party of the first part, for and By R. C. Peterson, Reputy. in consideration of Lhe sum of Three hundred dollars ($300,00/300) to him in hand paid, by the said party of _ Mail Rep. 1914 let Avenue. the second part, the reoeipt whereof 1s hereby aok- - wa.a.a�y,'•�{�. nowledged, does hereby -grant', bargain, sell and convey unto the said party of"the secbnd pert, his heirs and assigae,'torever, ab appurtenant to Sot two (2) of section ten (10)"Sri, township t*sfity=five ,(2,). north of range forty-four (44) Seat of the Willamette Meridian, above taentfoned bnd described, the right and privilege to flow and coverwithwafer by Weans of such dam or dame, ae, hereinbefore mentioned and described, so tar as 1t my be hedeeeAry in such use of e01d'dam or dame, as to the •sold)party_; of the second part,; his heirs and aasign6, ehall'seem expedient, the following deboilbod lands and promises 1 to -wit' Lot two (2) of Sectlon'tftirteeii 113) in township twenty �five (25) north of range forty Pour (44)'Raet'Of the Wil*mette,merldian and the right.end privilege of 'free'and'uninterruptep access to and from the banks of said Bpbkane RSver,.as the rlopr,now runo, in, throagh, over and' across, the lands and premfsea, above deeorlb4d, and 'the'right and privilege of uslmg said banks, as shall be considered necedea.ry'"by-satd party of the second part, his heirs and ase- Sgns,, tu'ths'full elijbyment.of all the rlghte and,.prfv1leges hereby granted. T01 RAVE{ AND TO BOLD THE' SAME„ together.. with all the' Lereddtsoients' and appur- tennnoes thersunt0 belopging, or in anywise appertaining,, to the Bald party of 1 the second part, bib hairs and sesigpa forever. And the said Orla Bacon, party of the first part, for hie heirs, executors and edminlstratore, does covenant with the said party of the second part, hie heirs and assigns,. that he is we11 seized in fee of the rlta,and privileges, eforeew,ld, andhaa good,rlgit to sell .and convey 1 the 'same in manner and form aforesaid', and that the came "a froe.from all enoum- t Dr ono eel And the above bargained and granted righte and privilegoo in the quiet and peaceable possession of the said party of the second part; his heirsdnd'aeaigne, F 'against all persons lawfully oldlming, or to claim.' the whole or any part; thereof, ( the said partyof.Lhe first part will warrant and defend'. And that each and every of the' covenants herein set forth shall run with the lands and promises herein described IN TESTYMONY WHEREOF, the said party of Lhe first part'hae hereunto set his hand and coal the day and year first above written.' Signed,sealed and. delivered Orla Bacon. (SRAL) in the presence of: Rases H. Voorhees, E."R. Week. STATE OF wASHINOPON�) „ County of Spokane._) SS- I, Prod, O. Pugh,,a Notary Public in and for said county ;and state do hereby certify that on this 7th day of June A.D. 1904, personally ;appeared before me ;i Orla Bacon to :me ]mown to be the Individual described In and who executed the with - In instrument'; and acknowledged that he'signed and sealed, the same as his free and 8 C voluntary. aoL and deed, for the uses and purposes therein mentioned-' E C ' WITNESS my -hand and official coal the day and year in this oertif irate first • above written. e.ao..vaoeevseee { Prod C. Ugh. Prod C. Pugh. 9 g 3 i NOTUAT PVXUd. Notary Public, residing at Spokane, Wash. J e - may, 30, 190a. g: , � +. awa.vovweeeaaeveveen , - .. � � ass$a�eaecesas�seaa$$es$$ae�,sasses$tssac:s:$$$ssevsae$$aacsas$$ai$$$�s�s$sas�se: , RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: DREW M. BODKER, P.S. ATTORNEY AT LAW 2607 S. SOUTHEAST BLVD. SLTIE A201 SPOKANE, WASHINGTON 99223 6391422 04/24/2015 1StVAS AN t 5afoordiM FffF11.911 lMefW TITLE touitiv CE CO~ Eafrfnl spolar caunlY YafhlrrtCo I1//a�l/111�i11M�1'��/811� DocumeTitle. / Storm Water Drainage Easement Grantor: Hanson Industries, Inc., a Washington corporation Pacific Cataract and Laser Institute, Inc., P.C., a Washington professional corporation Grantee: Providence Health & Services - Washington, a Washington non- profit corporation, dba Providence Health Carc Pacific Cataract and Laser Institute, Inc., P.C., a Washington professional corporation Abbreviated Legal: Lots 6, 10, 11, 12, 13, 14, 15 and 16, Hanson Center East Addition, BSP-02-09 (fully described on attached Exhibit "A") Tax Parcel Nos. 45131.0506; .0510; .0511 .0512; .0513; .0514; .0515 .0516 & .0521 STORM WATER DRAINAGE EASEMENT RECITALS: WHEREAS, Hanson Industries, Inc., a Washington corporation, ("Hanson'), is the owner of Lots 6, 10 and Tract A of Hanson Center East Addition, as legally described in Exhibit "A" attached hereto ("Hanson Property"), and Pacific Cataract and Laser Institute, Inc., P.C., a Washington professional corporation ("Pacific"), is the owner of Lot l I of Hanson Center East Addition, as legally described in Exhibit "A" attached hereto ("Pacific Property"), which Pacific has acquired from Hanson, and © R. E. Excite Tax Exempt Date 1i_at( 2015 SEWER EASEMENT -1 Spokane County 7}eas By C L1�. 6391422 Page 2 of 5 04/24/201511:37:48 AM WHEREAS, Hanson has previously sold Lots 12, 13, 14, 15 and 16 of Hanson Center East to Providence Health & Services - Washington, a Washington non-profit corporation dba Providence Health Care ("Providence"), which real property is also described on Exhibit "A" attached hereto ("Providence Property"), and WHEREAS, Providence has previously constructed a storm water drainage pipeline that lies partially within the Hanson Property and the Pacific Property, and said pipeline transports storm water drainage from the Providence Property to a storm water drainage facility located in Tract A, and the parties desire to create an easement for that portion of the storm water drainage pipeline that travels across the Hanson Property and the Pacific Property, and to further grant an easement which will give all parties the right to drain the storm water from their respective properties into the drainage facility on Tract A, NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived by the parties hereto, no monetary consideration, the parties agree as follows: 1. Hanson hereby grants and conveys to Providence and Pacific, and Pacific likewise grants and conveys to Providence, for the benefit of the Providence Property and the Pacific Property, a ten (10') foot wide storm water drainage pipeline easement (the "Easement") on, over and under that portion of the Hanson Property and the Pacific Property upon which the storm water pipeline has been constructed, being five (T) feet on either side of the center line of said pipeline. Hanson further grants to Providence and to Pacific an easement to drain the storm water from the Providence and Pacific properties into the drainage easement area on Tract A that is shown on the Final Plat of Hanson Center East Addition Binding Site Plan BSP-02-09. 2. The Easements granted herein are for installing, constructing, operating, maintaining, protecting, repairing and replacing said storm water drainage pipeline, with all connections and appurtenances thereto and for storm water drainage into the drainage easement on Tract A. Hanson and Pacific shall have the right to tap into and use said storm water drainage pipeline to transport storm water from the Hanson Property and the Pacific Property to Tract A, and they shall retain the right to use and occupy the portions of their respective properties which are subject to this Easement, but they shall not construct any permanent building structures on the Easement, nor otherwise hinder or interfere with the storm water drainage pipeline. 3. Providence and Pacific shall indemnify, defend, and hold Hanson harmless from any loss, claim, or other liability of any nature, including attorney's fees and costs, that may result from their use of that part of the Easement the lies in the Hanson Property, and Providence shall do likewise for Pacific for that portion of the Easement that lies on the Pacific Property. Pacific and Providence agree to restore the Easement area to substantially its natural state following any future reconstruction, installation or repair of the storm water drainage pipeline facilities. SEWER EASEMENT -2 6391422 Page 3 of 5 04/24/2015 11:37:48 AM 4. All of the promises, covenants, terms and conditions of this Easement shall survive any conveyance of the properties owned by the parties hereto, and this Easement shall extend to and bind the successors, heirs and assigns of the parties hereto. This Easement shall be a perpetual and appurtenant easement that shall run with the lands described on Exhibit "A". IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed on this j6r06ay of rr l 2015. Providence Health & Services — Washington, Hanson Industries, Inc., a Washington non-profit corporation a Washington corporation dba Providence Health Care By By_ � ty Robcrt J. Boyl (name) Its: President Its:__?c' 1MkL DrrL Pacific Cataract and Laser Institute, Inc., P.C., a Washington professional corporation By-4- Debbie Eldredge Its: Executive VP/COO SEWER EASEMENT -3 6391422 Page 4 of 5 04/24/201511:37:48 AM STATE OF WASIUNGTON ) ss. County of Spokane ) On this /i day of _ _, 2015, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Robert J. Boyle to me known to be the President of Hanson Industries, Inc., the corporation that executed the foregoing instrument and acknowledged the 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 he is authorized to execute the said instrument. Z Witness my hand and official seal hereto affixed the day ear first above written. it D RV irl T'Q (ER i State of Washington — — Notary Pu lie in and for the State of Notary•—)-t-- Public j Washington, residing at Spokane t!yCOMMt5SI0NEY3,7XSS•17.2010i My Appointment Expires: STATE OF WASHINGTON ) ) ss. Countyof Lr w i s ) On this .j day of ri �l , 2015, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Debbie Eldredge to me known to be the Executive VP/COO of Pacific Cataract and Laser Institute, Inc., P.C., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath staled that he is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. PGEAt q� �.� `P •M ss oy :�y �• Public in and for the tate of DARCEA tto F- Notary -i°� <'�o'. Washington, residing at WinlocXG w(k r VeLIC :4 My Appointment Expires:BLS�atg •'�i: „rrt SEWER EASEMENT -4 6391422 Page 5 of 5 04/24/2015 1 1:37:48 AM EXHUT "A" Providence Property Lots 12, 13, 14, 15 and 16, Hanson Center East Addition Binding Site Plan BSP-02-09, according to the plat thereof recorded in Volume 3 of Binding Site Plans, Pages 20, 21 and 22, records of Spokane County, Washington. Situate in the City of Spokane Valley, County of Spokane, State of Washington. Hanson Property Lots 6, 10, and Tract A, Hanson Center East Addition Binding Site Plan BSP-02-09, according to the plat thereof recorded in Volume 3 of Binding Site Plans, Pages 20, 21 and 22, records of Spokane County, Washington. EXCEPT a portion of said Lot 10, more particularly described as follows; BEGINNING at the Southeasterly angle point of said Lot 10. said point also being on a non - tangent curve concave to the Northeast and having a radius of 2750.44 feet and a chord bearing and distance of N85°41'52"W, 13.51 feet; thence Northwesterly along said curve through a central angle of 00616'53' an arc distance of 13.61 feet; thence ND0'00'00'E a distance of 23.92 feet; thence N89"42'25'E a distance of 13.38 feet; thence SOD'12'33'E a distance of 25.00 feat to the POINT OF BEGINNING. Situate in the City of Spokane Valley, County of Spokane, State of Washington. Pacific Pro All of Lot 11 of the Final Plat of Hanson Center East Addition Binding Site Plan BSP-02- 09, Recorded in Book 3 of Binding Site plans, Pages 20 thru 22. located in the Northeast Quarter of Section 13, Township 25 North, Range 44 East, W.M., City of Spokane Valley, Spokane County, Washington.. EXCEPT a portion of said Lot 11, more particularly described as follows; BEGINNING at the Southeast comer of said Lot 11, said point also being on a non tangent curve concave to the Northeast and having a radius of 2750.44 feet and a chord basting and distance of N83'38'11YW. 184.13 feet, thence Northwesterly along said curve through it central angfa of 03*W11' an arc distance of 164.16 feet; thence N00'00'00'E a distance of 2.58 feet; thence N89042'25'E a distance of 1 B3.D0 feet to a point on the Easterly Une of Bald Lot 11; thence S00°00'DO'E a distance of 23.92 feel to the POINT OF BEGINNING. SEWER EASEMENT-5 Dedication A parcel of land located in the Northeast quarter of Section 13, Township 25 North, Range 44 East, Willamette Meridian, being a portion of Binding Site Plan BSP-02-09, recorded in Book 3 of Binding Site Plans, Page 20, Records of Spokane county, Washington, and being more particularly described as follows; Beginning at a point on the Southerly right of way of Desmet court. Said point being the common corner to lots 10 and 11 of said Binding Site Plan. Thence following said Southerly right of way, South 89'49'33" East, a distance of 126.10 feet, to a point on the North boundary of lot 10 of said Binding Site Plan. Said point being the Point of Curvature of a non tangent curve to the right. Said curve having a radius of 50.50 feet, a delta angle of 162'51'44", and a chord which bears South 78'46'04" West, 99.87 feet; Thence leaving said right of way along said curve, a distance of 143.55 feet, to a point of reverse curvature, and the beginning of a curve to the left. Said curve having a radius of 30.00 feet, and a delta angle of 70*01'29"; Thence along said curve, a distance of 36.66 feet, to the point of beginning, and the terminus of this described parcel; Said parcel contains 4,367.0 square feet, or 0.10 acres, more or less. Road Vacation A parcel of land located in the Northeast quarter of Section 13, Township 25 North, Range 44 East, Willamette Meridian, being a portion of Binding Site Plan BSP-02-09, recorded in Book 3 of Binding Site Plans, Page 20, Records of Spokane county, Washington, and being more particularly described as follows; Beginning at point on the North boundary of Desmet court, said point being the corner common to lots 6 and 7 of said Binding Site Plan, thence South 89°49'33" East following the right of way of Desmet Court, as shown in said Binding Site Plan, a distance of 174.95 feet, toa Point of Curvature of a curve to the right. Said curve having a radius of 50.50 feet, and a delta angle of 250°01'29"; Thence along said curve, a distance of 220.37 feet, to a point of reverse curvature and the beginning of a curve to the left. Said curve having a radius of 30.00 feet, and a delta angle of 70*01'29"; Thence along said curve, a distance of 36.66 feet, to a point of tangency; Thence North 89'49'33" West, a distance of 50.58 feet, to the Point of Curvature of a non tangent curve to the left. Said curve having a radius of 50.50 feet, a delta angle of 85'12'53", and a chord which bears North 45'15'39" West, 68.37 feet; Thence leaving said right of way of Desmet Court, following said curve a distance of 75.10 feet, to the Point of Beginning, and the terminus of his description. Said parcel contains 12,847.3 square feet, or 0.29 acres, more or less. PRO' DATE: DRAWN: EX- 1 ROJECT ITE ccvv STREET VACATION /20 VICINITY MAP Smm TRW 16609 E DE6MENT CT. TRW N75 SPOKANE VALLEY, WA i N W E S WHIPPLE CONSULTING ENGINEERS PH: 509-693-2617