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2020, 10-08 Agenda PacketSpokane j Valley Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 10210 E. Sprague Ave. October 8, 2020, 2020 6:00 p.m. PLEASE NOTE: Meetings are being held electronically in response to Governor hislee'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 wishing to make comments will need to email planningAspokanevalley.org prior to 4: 00 Pm the day of the meeting in order to be to speak during the comments period during the meeting. Comments can also be emailed. Send an email to planningAspokanevallev.org and comments will be read into the record or distributed to the Commission members through email. 3. Link to Zoom Meeting information: https://spokanevallev.zoom.us/i/94994368021 Meeting ID: 949 9436 8021 One tap mobile +12532158782„94994368021# US (Tacoma) Dial by your location +1 253 215 8782 US (Tacoma) Meeting ID: 949 9436 8021 Find your local number: httys:Hspokanevallev.zoom.us/u/aeEBggGStf 4. CALL TO ORDER 5. PLEDGE OF ALLEGIANCE 6. ROLL CALL 7. APPROVAL OF AGENDA 8. APPROVAL OF MINUTES: September 24, 2020 9. COMMISSION REPORTS 10. ADMINISTRATIVE REPORT 11. PUBLIC COMMENT: On any subject which is not on the agenda. 12. COMMISSION BUSINESS: a. Findings of Fact: CTA-2019-0005, A proposed amendment to Title 20, Subdivisions b. Study Session: STV-2020-0002, A privately initiated street vacation for a portion of East Montgomery Avenue and Bessie Road c. Administrative Report: Impact Fees for the South Barker Corridor 13. FOR THE GOOD OF THE ORDER 14. ADJOURNMENT Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall September 24, 2020 L Chair Johnson called the meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. IL Commissioners, staff and audience stood for the pledge of allegiance. III. Administrative Assistant Deanna Horton took roll and the following members and staff were present: Fred Beaulac Erik Lamb, Deputy City Attorney Walt Haneke Jenny Nickerson, Building Official James Johnson Connor Lange, Planner Danielle Kaschmitter Chad Riggs, Senior Engineer Bob McKinley Deanna Horton, Administrative Assistant Sherri Robinson Taylor Dillard, Administrative Assistant IV. AGENDA: Commissioner Kaschmitter moved to approve the September 24, 2020 agenda as presented with exception of removing the Administrative Report: Current Transportation Planning for the South Barker Corridor and Related Street Standards. 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 September 10, 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: Chair Johnson reported that he continues to attend the Human Rights Task Force meetings. VIL ADMINISTRATIVE REPORT: Building Official Jenny Nickerson reported Commissioner Kelley's resignation and thanked the Commissioner for his years of service on the Planning Commission. She confirmed that Mayor Wick is working to fill the position. Jenny Nickerson proposed holding a meeting on Thursday, November 5 to discuss Traffic Impact Fees. Jenny Nickerson informed the Planning Commission, Deanna Horton, Administrative Assistant, would read two written comments regarding the item removed from the agenda prior to the amendment. VIIL PUBLIC COMMENT: Commission Secretary Horton read two written comments regarding the South Barker Corridor, item that was on the agenda prior to amending, into the record. The first comment letter was from Kathryn Cote of Spokane Valley. Ms. Cote stated she is opposed to the roundabout at Sprague and Barker, feeling it would make it difficult to access her property, take too much of her property and a three -lane road would be too impactful to the neighborhood. Second comment letter submitted was from Doug Nelson, Spokane 09-24-2020 Planning Commission Minutes Page 2 of 4 Valley. Mr. Nelson's email stated he is opposed to three roundabouts along the South Barker corridor. Mr. Nelson feels that four-way stops would serve better. He raised concerns about the speed of traffic and safety concerns for pedestrians and cyclists. He promoted the idea of purchasing land for a park instead of road improvements along the corridor. There was a short discussion regarding notification to those who submitted comments of the public hearing date. This would give the submitters the ability to submit any comments they may have at the public hearing or to participate live if they wish. IX. COMMISSION BUSINESS: a. Public Hearing: CTA-2019-0005, A proposed amendment to Spokane Valley Municipal Code (SVMC) Title 20, Subdivisions Chair Johnson opened the public hearing at 6:16. Planner Connor Lange began by stating the goal with the proposed changes is to align the municipal code with state law and to make the process easier. Mr. Lange summarized the proposed changes into three categories, which were to align process with state law, to improve procedural and submittal requirements, and to update the grammatical and organizational structure. Mr. Lange outlined the proposed changes to the municipal code: • Chapter 20.30 Preliminary Short Subdivision, Subdivisions, and Binding Site Plans: Proposed changes include reducing the number of required copies, removing other unnecessary requirements and align the municipal code with state law and other areas of the SVMC. • Chapter 20.40 Final Short Subdivision, Subdivision and Binding Site Plans: Proposed changes include reducing the number of required copies, aligning submittals with current processes, and updating language in section 20.40.020 regarding City Manager final plat authorization and reviewing requirements, and adding clarifying language in section 20.40.050 regarding subdivision phasing. • Chapter 20.50 Preliminary Plat, ShortPlat, and Binding Site Plan Alterations: Proposed changes include renaming the chapter "Subdivision Alterations," adding language to section 20.50.010 regarding application submittal requirements, adding updates to section 20.50.020 outlining procedures for preliminary plat alterations, and adding updates to section 20.50.030 outlining procedures for final plat alterations. • Chapter20.60FinalPlat, ShortPlat, and Binding Site Plan Alterations: Proposed changes include renaming the chapter "Short Subdivision and Binding Site Plan Alterations," adding language to section 20.50.005 regarding purpose, adding language to section 20.60.010 regarding application requirements, and adding updates to section 20.60.020 regarding procedures for short plat and binding site plan alterations. • Chapter 20.70 Subdivision, Short Subdivision, and Binding Site Plan Vacation: Proposed changes include language updates to section 20.70.020 regarding the subdivision vacation process and language updates to section 20.70.030 regarding the short subdivision and binding site plan vacation process. • Chapter 17.80 Permit Processing Procedures: Permit Type and Land Use Application table updated to reflect new definitions in Chapter 20 regarding Type II and Type III land uses and updates to cross references. Commissioner Haneke asked who has the authority to determine if a submittal is Type II versus Type III. Mr. Lange explained that staff would review the submittal to determine if 2 09-24-2020 Planning Commission Minutes Page 3 of 4 the changes are consistent with the conditions. If the changes are inconsistent with the conditions or alter the conditions, the submittal would then be sent to the Hearing Examiner for approval. Commissioner Haneke asked a clarifying question about approval of subdivision phasing. Mr. Lange confirmed that if the applicant showed phasing within their submittal, the mitigation would be discussed at that time, whether it could be phased or not. Mr. Lange then invited Senior Engineer Chad Riggs, to present on the City's use of performance sureties. Mr. Riggs stated that the City does accept performance sureties when a project cannot be completed due to bad weather, the contractor cannot obtain construction materials, or any other unforeseen complications. The conditions are that the project must be substantially completed, ensuring that sewer, water, curb and gutter, stormwater, and crushed gravel are put in place due to safety reasons. Commissioner Haneke asked about using a performance surety for paving of a project. Mr. Riggs explained that the primary goal is to get the developer to pave before the plants close but if it is due to bad weather, the City does try to work with the developers. Chairman Johnson closed the Public Hearing at 6: 35 p. m. Commissioner Kaschmitter moved to recommend approval ofCTA-2019-0005 to City Council. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. X. GOOD OF THE ORDER: Commissioner McKinley voiced his concern with the roundabouts on Barker Road. Jenny Nickerson expressed that staffs goal when discussing topics such as roundabouts and the South Barker Corridor study, is to build in time in the upcoming meeting to talk about the current regulations and to answer those preliminary questions. Commissioner Haneke expressed his desire to inform the people that submitted public comments regarding the agenda item that had been removed. Ms. Nickerson confirmed she would inform those individuals of the removal of the item and ensure they are aware of the progression of this topic. Chairman Johnson expressed he is aware that he is not perfect and that everyone is not always going to agree, which he believes is what makes the Planning Commission team stronger. He requested that if anyone has anything to point out to him to reach out. Chairman Johnson expressed his regret that the Planning Commission lost a member with a unique perspective and passion. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 6:42 p.m. There was no discussion. The vote on the motion was six in favor, zero against, and the motion passed. 3 09-24-2020 Planning Commission Minutes Page 4 of 4 James Johnson, Chair Date signed Deanna Horton, Secretary 4 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: October 8, 2020 Item: Check all that apply ❑ old business ❑ new business ❑ public hearing ❑ information ❑ study session ❑ pending legislation FILE NUMBER: CTA-2019-0005 AGENDA ITEM TITLE: Findings and Recommendations - Title 20 SVMC and Title 17 SVMC Text Amendment (CTA) DESCRIPTION OF PROPOSAL: The city initiated CTA providing minor modifications to Title 20 and Title 17 of the Spokane Valley Municipal Code (SVMC) (including but not limited to submittal requirements, required signatures, alterations modifying a public dedication and minor grammatical changes). GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040, SVMC 19.25, RCW 36.70A.106 BACKGROUND: On September 10, 2020 the Planning Commission (Commission) conducted a study session. On September 24, 2020 the Commission conducted a public hearing. Following public comment, the public testimony portion of the hearing was closed. The Commission deliberated and voted 6-0 to recommend to the City Council that CTA-2019-0005 be approved as amended. RECOMMENDED ACTION OR MOTION: Approve the Commission's Findings and Recommendation for CTA-2019-0005 or provide staff with further direction. An example motion for approval of the proposed amendment is: Move to approve the Findings and Recommendations for CTA-2019-0005. STAFF CONTACT: Connor Lange, Planner. ATTACHMENTS: 1. Findings and Recommendation 2. Title 20 & Title 17 SVMC with proposed changes RPCA Public Hearing — CTA-2020-0003 Nonconforming use regulations Page 1 of 1 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION CTA-2019-0005 Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. Background: 1. Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and updated development regulations on December 13, 2016, with December 28, 2016 as the effective date. 2. CTA-2019-0005 is a City -initiated text amendment to the SVMC, amending Title 20 and Chapter 17.80 of the SVMC to ensure Title 20 SVMC is consistent with RCW 58.17 and align the code with current processes and the City's organizational structure. Due to the proposed changes in Title 20 SVMC the Permit Type and Land Use Application table in Chapter 17.80.030 must be also be revised. 3. The Planning Commission held a properly noticed public hearing and conducted deliberations on September 24, 2020. The Commissioners voted 6-0 to recommend that the City Council adopt the amendment. Planning Commission Findings: 1. Compliance with SVMC 17.80.150(F) Approval Criteria a. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following goals and policies: LU-G4 Ensure that land use plans, regulations, review processes, and infrastructure improvements support economic growth and vitality. ED-G6 Maintain a positive business climate that strives for flexibility, predictability, and stability. Conclusion: The proposed text amendment is supported by the Comprehensive Plan and consistent with the goals and policies. b. The proposed amendment bears a substantial relation to public health, safety, welfare and protection of the environment. Findings: The amendment to the code is procedural and administrative and intended to align the regulations with current practices and overarching laws to support continued development that ensures that public health, safety, welfare and the environment are protected. Conclusion: Findings and Recommendations of the Spokane Valley Planning Commission CTA-2019-0005 Page 1 of 2 The proposed text amendment is consistent with Comprehensive Plan and bears a substantial relation to public health, safety, welfare, and protection of the environment 2. Recommendation: The Spokane Valley Planning Commission therefore recommends the City Council approve CTA-2019- 0005 as amended. Attachment: Exhibit 1—Proposed Amendment CTA-2019-0005 Approved this 8th day of October, 2020 Planning Commission Chairman ATTEST Marianne Lemons, Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA-2019-0005 Page 2 of 2 Spokane Valley Municipal Code DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) Attachment 1 Draft CTA-2019-0005 Proposed Amendments to Title 20 Chapter 20.20 GENERAL PROVISIONS Sections: 20.20.010 Purpose. 20.20.020 Exemptions. 20.20.030 Legal lot. 20.20.040 Approval required prior to recordation. 20.20.050 Prohibition against sale, lease or transfer of property. 20.20.060 Vertical datum. 20.20.070 Monumentation. 20.20.080 Professional land surveyor. 20.20.090 General design. 20.20.100 Findings. 20.20.110 Attached single-family subdivisions. 20.20.010 Purpose. Pursuant to the purposes set forth in RCW 58.17.010, these regulations are necessary to: Page 1/22 A. Promote the health, safety, and general welfare in accordance with standards established by the state and the City, B. Promote effective use of land by preventing the overcrowding or scattered development which would be detrimental to health, safety, or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation, or other public services, or excessive expenditure of public funds for such services, C. Avoid congestion and promote safe and convenient travel by the public on streets and highways through the proper planning and coordination of new streets within subdivisions with existing and planned streets in the surrounding community, D. Provide for adequate light and air, E. Provide for adequate water, sewage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements, F. Provide for proper ingress and egress, G. Provide for housing and commercial needs of the community, H. Require uniform monumentation of land divisions and conveyance of accurate legal descriptions, I. Protect environmentally sensitive areas, J. Provide for flexibility in site design to accommodate view enhancement and protection, protection of streams and wetlands, protection of steep slopes, and other environmentally significant or sensitive areas, K. Ensure consistency with and further the goals and policies of the Comprehensive Plan, and L. Provide a process for the division of land for the following: DRAFT CTA-2019-0005 Spokane Valley Municipal Code DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) Page 2/22 1. Short Subdivision. The division of land into nine or fewer lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area, 2. Subdivision. The division of land into 10 or more lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area, and 3. Binding Site Plan. An alternative method of dividing property interests for nonresidential development and applying to the phased division of any land for sale or lease which is zoned for commercial, business, office, mixed -use, or industrial development, or which is to be developed as condominiums or a manufactured home park. M. All processes of land division set forth in Title 20 SVMC shall be consistent with state law requirements. Any provision of Title 20 SVMC that conflicts with the requirements of chapter 58.17 RCW, as now adopted or hereafter amended, shall be construed and interpreted in a manner so as to be consistent with chapter 58.17 RCW. 20.20.020 Exemptions. A. The provisions of _S A Title 20 SVMC shall not apply to: 1. —Cemeteries and other burial plots while used for that purpose (RCW 58.17.040(1)), 2. Divisions made by testamentary provisions or laws of descent (RCW 58.17.040(3)), 3. A division of land for purpose of leasing land for facilities providing personal wireless services while used for that purpose (RCW 58.17.040(8)). B. The provisions of _S A Title 20 SVMC shall not apply to the following; provided, that an application for exemption and drawing consistent with SVMC 20.20.020(C) is provided to the City: 1. Division of land into lots or tracts if such division is a result of subjecting a portion of the parcel or tract of land to either Chapter 64.32 RCW (Horizontal Regimes Act) or 64.34 RCW (Condominium Act) subsequent to the recording of a binding site plan for all such land (RCW 58.17.040(7)), 2. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of eminent domain, 3. Division or acquisition of land for public right-of-way, 4. A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW, used or to be used for construction and operation of consumer- or investor - owned electric utilities to meet the electrical needs of a utility's existing and new customers as set forth in RCW 58.17.040(9). C. An application for exemption for any of the purposes set forth in SVMC 20.20.020(B) shall be processed to determine whether the division is exempt with a minimum review for compliance with applicable adopted City regulations. The application shall be determined to be complete upon the submittal of the following materials: 1. An application, and 2. Maps, plans, and/or exhibits containing all applicable information as required by SVMC 20.30.020(B). 20.20.030 Legal lot. Development shall be permitted only on legally created lots. A lot is created in compliance with applicable state and local land segregation statutes or codes in effect at the time the lot was created or binding site plan was approved including, but not limited to, demonstrating the lot was created through one of the following: DRAFT CTA-2019-0005 Spokane Valley Municipal Code DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) Page 3/22 A. Lots created through subdivision, on a plat approved by the City or Spokane County separately describing the lot in question, or B. Lots created through short subdivision, on a short plat approved by the City or Spokane County separately describing the lot in question, or C. Lots created pursuant to a binding site plan process in effect at the time the binding site plan was approved by the City or Spokane County, or D. A division of land prior to March 13, 1978, provided, that 1. A tax segregation request was received by the Spokane County assessor's office prior to said date, or 2. A legal instrument(s) pertaining to said division was filed on record prior to said date, and 3. All state and local land development regulations were met at the time the lot was created or can be met prior to the issuance of a building permit, or E. Development shall be allowed on a lot owned by an innocent purchaser. For purposes of SVMC 20.20.030(E), an "innocent purchaser" is an owner of the property, other than the original owner that created the lot, and who did not have actual notice that the lot was created by a means other than specified in SVMC 20.20.030(A) through (D), or F. In the event a lot was created by a means other than as specified in SVMC 20.20.030(A) through (D), development shall be allowed on such lot if the development does not adversely affect the public interest. When determining the impact on the public interest, the City shall consider the following criteria: 1. Whether the proposed development is consistent with the public health, safety, and general welfare, 2. Whether the use meets the underlying zoning requirements and is consistent with the use of at least one adjoining property, and 3. Whether the lot was created on or before December 31, 2016. In the event an illegally created lot does not meet the criteria of SVMC 20.20.030(A) through (F), a development permit shall not be issued until such time that a legal lot is created. 20.20.040 Approval required prior to recordation. Any map, plat or plan, unless previously exempt, hereafter made of a proposed short subdivision, subdivision or binding site plan, or any part thereof, shall be presented for approval and be recorded as set forth in SVMC 20.40.030. No such map, plat or plan shall be recorded or have any validity unless or until it has the approval of City departments and agencies with jurisdiction as required by GTitIe 20-- SVMC. 20.20.050 Prohibition against sale, lease or transfer of property. No person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of �V Title 20 SVMC without first receiving approval hereunder by the City and recording the approved division with Spokane County, provided, that if performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land is expressly conditioned on the recording of the subdivision, short subdivision or binding site plan containing the lot, tract, or parcel, the offer or agreement does not violate any provision of SV Title 20 SVMC. 20.20.060 Vertical datum. Where topography is required to be shown, the land survey data shall be based on the North American Vertical Datum (NAVD-88). DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 4/22 DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) 20.20.070 Monumentation. Right-of-way, street centerline and street intersection monumentation shall be established as described by City -adopted street standards. In addition, for short subdivision, subdivision or binding site plans, every lot corner shall be marked or referenced in a permanent manner with the registration number of the professional land surveyor in charge of the survey in accordance with state law. 20.20.080 Professional land surveyor. The preparation of all preliminary and final short subdivisions, subdivisions and binding site plans shall be made by or under the supervision of a professional land surveyor licensed in the state of Washington. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with Chapter 58.09 RCW and Chapter 332-130 WAC. 20.20.090 General design. The design of short subdivisions, subdivisions and binding site plans shall comply with the requirements of all applicable City plans, regulations, and design and development standards. In addition: A. The design, shape, size, and orientation of the lots shall be appropriate for the use for which the divisions are intended, and the zoning and land use classification identified in the Comprehensive Plan of the area in which they are located. B. Lot Arrangement 1. Side lot lines shall generally be perpendicular to public street rights -of -way, but may be within 20 degrees of perpendicular, or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs. 2. Corner Lots. a. The lot lines at the intersection of two public streets shall be located a minimum of two feet behind the back of curb. b. At the intersection of two arterial streets (collector, minor or principal), the applicant may be required to provide a widened border easement or right-of-way area behind the pedestrian ramp landing for the placement of traffic control devices and street lights and their related appurtenances (see Figure 20.20.01). The limits of the border easement and right-of-way area shall be determined by the City at the time of application. This area shall not extend more than 15 feet behind the landing. The boundary of this area may be defined by an arc that is tangent at each end to the standard border easement, typically located behind the back of sidewalk, or right-of-way if there is no border easement in the vicinity. If this area is already fully contained within right-of-way then no additional border easement width shall be required. The only utilities allowed within this area are those necessary for the function of the proposed lights, signals, et cetera. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page522 DRAFT Title 20 SUBDIVISION REGULATIONS (30- 2020) Figure 20.20.01 BORDER EASEC47, ! / MEWALK a n ARTERIAL 3. Lot Dimensions. a. Lot dimensions shall comply with the minimum standards established in Chapter 19 70 SVMC b. Flag Iotsare prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the property are permitted. 4. Double Frontage Residential Lots. a. Double frontage and reverse frontage lots shall be permitted only where necessary to separate residential development from arterial roadway or to overcome specific disadvantages of topography and orientation b. When lots back to arterials, screening shall be installed on the lot(s) limiting visibility between the arterial and the adjoining lots in accordance with SVMC2270 070, c. No building, except buildings designed and constructed as two dwellings or one family attached dwellings, shall be constructed on or across existing lot lines Where buildings are designed and constructed on or across lot lines, the building shall be located so that the common wall separating the individual living units is located on and along the common lot lines of the adjoining lots. C. Block dimensions shall reflect due regard to the needs of convenient access, public safety, connectivity, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned. 1. Block Length. Block length shall comply with the adopted street standards. 2. Block and Lot Labeling. Blocks and lots shall be identified in sequential numerical order. 3. Street alignments shall be designed and constructed with appropriate consideration for existing and planned streets, anticipated traffic patterns, topographic and drainage conditions, public safety, adopted street standards, Comprehensive Plan and the proposed use of the land so divided. D. Lots shall not be divided by the City boundary or public right-of-way, and shall not be divided by any zoning designation unless exceptional circumstances exist. E. Every lot shall have direct access to a paved public street, private street, or an easement fora private driveway DRAFT CTA-2019-0005 Spokane Valley Municipal Code DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) Page 6/22 F. Prior to filing the final short subdivision, subdivision or binding site plan application, the applicant shall improve or make appropriate provisions for the construction of the public or private streets, alleys or private driveways that provide access to lots being created through the short subdivision, subdivision, or binding site plan consistent with applicable City -adopted standards. G. Wastewater design shall comply with all applicable City regulations and other jurisdictional agency regulations. H. Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City regulations and other jurisdictional agency regulations. I. All road designs shall comply with Chapter 22.130 SVMC and adopted street standards. J. Provisions for stormwater runoff shall comply with City regulations for stormwater management as set forth in Chapter 22.150 SVMC. K. Existing and proposed easements for electric, water, sewer, gas, and similar utilities shall be illustrated on the short plat, plat, or binding site plan. The utility purveyors shall indicate to the department in writing that the easements are adequate for their service needs. L. The short subdivision, subdivision, or binding site plan shall provide for the location of underground utilities within public rights -of -way, border easements, alleys or utility easements including, but not limited to, those for electricity, communications and street lighting. When conditions make underground installation impractical, the city manager may waive the requirement for underground utilities. 20.20.100 Findings. Prior to approving any preliminary short subdivision, subdivision or binding site plan, the department in the case of short subdivisions and binding site plans or the hearing examiner in the case of subdivisions shall determine and make written findings of fact that appropriate provisions are made for the following: A. The public health, safety, and general welfare, B. Open spaces, C. Drainage ways, D. Streets or roads, alleys, sidewalks, and other public ways, E. Transit stops, F. Public potable water supplies, G. Sanitary sewer, H. Parks and recreation, I. Playgrounds, schools and school grounds, J. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school, K. Whether the public interest is served by the short subdivision, subdivision, and binding site plan, L. The proposed short subdivision, subdivision or binding site plan is in conformity with all applicable development code provisions, and M. Other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. DRAFT CTA-2019-0005 Spokane Valley Municipal Code DRAFT Title 20 SUBDIVISION REGULATIONS (3-6- 2020) Page 7/22 20.20.110 Attached single-family subdivisions. Applications for an attached single-family subdivision consisting of nine or fewer lots shall be submitted and processed according to the requirements for content and form for preliminary and final short subdivisions and process as stated in Chapters 20.30 through 20.40 SVMC. Application for an attached single-family subdivision consisting of 10 or more lots shall be submitted and processed according to the requirements for content and form for preliminary and final subdivisions as stated in Chapters 20.30 through 20.40 SVMC. Application for alterations of any preliminary short subdivision or subdivision shall be submitted and processed according to the requirements of Chapter 20.50 SVMC. Applications for alterations of any final short subdivision or subdivision shall be submitted and processed according to the requirements of Chapter 20.60 SVMC. Applications for vacation of any plat shall be submitted and reviewed according to the requirements of Chapter 20.70 SVMC. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.30 PRELIMINARY SHORT SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS Chapter 20.30 PRELIMINARY SHORT SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS Sections: 20.30.010 Application. 20.30.020 Contents of application. 20.30.030 Processing applications. 20.30.040 Distribution of plans. 20.30.050 Expiration of preliminary approval. 20.30.060 Time extensions. Page 8/22 20.30.010 Application. Prior to filing an application for a preliminary subdivision, short subdivision, or binding site plan, a pre - application conference pursuant to the provisions of Chapter 17.80 SVMC is required unless this requirement is waived by the city manager or designee. 20.30.020 Contents of application. Every preliminary short subdivision, subdivision or binding site plan shall consist of the appropriate application form, applicable fees and the following: A. Maps and Exhibits. 1. TWO T-&R copies of the preliminary short plat, plat or binding site plan which shall be a legibly drawn map, 18 by 24 inches in size for short plats, 24 by 36 inches in size for plats and binding site plans at a scale of one inch equals 50 feet or one inch equals 100 feet. If approved by the department, an alternative appropriate scale may be used, 2. One reduced (eight and one-half by 11 inches or 11 by 17 inches) copy of the preliminary short plat, plat or binding site plan, 4. A written narrative describing the proposal including, but not limited to, the number of proposed lots, nature of surrounding properties, proposed access, zoning, utility providers, method of sewerage, and timing of phasing of the development (if any). The narrative shall also address compliance to applicable sections of the dev rSpokane Valley Municipal sCode and other applicable regulations, 5. Public Notice Packet. The asps^^.'^ One copy of a parcel map(s) indicating properties immediately adjacent to the subject site and a tlae title company search of current ownership of immediately adjacent properties. If the applicant owns adjacent property, the map should indicate parcels located immediately adjacent to the applicant's ownership. The title company search shall be current within 60 days of issuing the notice of application. If the information is more than 60 days old at the time the notice of application is issued, the applicant shall provide current information, 6. SEPA environmental checklist as applicable pursuant to State and local laws. £^r ^ ^ti^^ OF fIII . If ...141..^I ^ 4 .. s te. and DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.30 PRELIMINARY SHORT SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS Page 9/22 7. A plat certificate dated within 30 days of the application filing date confirming that the title of the lands as described and shown on the short plat, subdivision, orbinding site plan is in the name of the owners signing. B. Preliminary short subdivision, subdivision or binding site plan data (to be included on the preliminary short plat, plat or binding site plan). 1. Name, address and telephone number of the owner of the subject property and the person with whom official contact should be made regarding the short plat, plat, or binding site plan, 2. Title of the proposed division, 3. Location of subject property by quarter-quarter(s) of the section, township and range, 4. Legal description of the subject property with the source of the legal description clearly indicated, 5. A vicinity map at a scale of not more than 400 feet to the inch, except that the city manager or designee may approve an alternative scale if requested. The vicinity map shall show all adjacent parcels. It shall show how the streets and alleys in the proposed subdivision connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property, 6. North arrow, scale and boundary of the proposed short plat, plat, or binding site plan, and the date map is prepared, 7. Boundaries of all blocks, lot numbers, lot lines along with their dimensions and areas in square feet, 8. Location and identification of existing utilities, 9. Location, names and widths of all existing and proposed streets, roads and access easements within the proposed short subdivision, subdivision, or binding site plan and within 100 feet thereof, or the nearest City street if there is no City street within 100 feet of the subject property. Streets shall be clearly identified as public or private as applicable, 10. All easements, including border easements, or tracts proposed to be dedicated for any public purpose or for the common use of the property owners of the short plat, plat or binding site plan, 11. All existing easements that affect the subject property, 12. Location of any natural features such as wooded areas, streams, drainage ways, special flood hazard areas identified on the Flood Insurance Rate Map, or critical areas as defined in SVMC Title 21, 13. Location of existing buildings, septic tanks, drainfields, wells or other improvements, and a note indicating if they will remain or be removed, 14. Whether adjacent property is platted or unplatted. If platted, give the name of the subdivision. If the proposed short subdivision, subdivision or binding site plan is the subdivision of a portion of an existing plat, the approximate lines of the existing plat are to be shown and a copy of the existing plat, along with the recording numbers of any recorded covenants and easements, 15. Topographic information at five-foot maximum contour intervals, or at two -foot intervals where overall site topography is too flat to be depicted by five-foot intervals. Delineate areas with any slopes that are greater than 30 percent, and 16. Site data table showing number of proposed lots, existing zoning, water supplier, and method of sewerage. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 10/22 Chapter 20.30 PRELIMINARY SHORT SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS 20.30.030 Processing applications. Preliminary short subdivisions and binding site plans are classified as Type II applications, preliminary subdivisions are classified as Type III applications. Both application types shall be processed pursuant to the applicable provisions of Chapter 17.80 SVMC. 20.30.040 Distribution of plans. When the department determines that the application is complete pursuant to SVMC 17.80.100, the department shall distribute the application materials to affected agencies. The department or reviewing agencies may request additional information during the review process. 20.30.050 Expiration of preliminary approval. Approval of a preliminary short subdivision, subdivision, or binding site plan shall automatically expire five years from the date of approval unless a complete application for a final short subdivision, subdivision, or binding site plan meeting all requirements under this title is submitted to the City. Extension of time may be granted as provided in SVMC 20.30.060. 20.30.060 Time extensions. An application form and supporting data for time extension requests shall be submitted to the department at least 30 days prior to the expiration of the preliminary short subdivision, subdivision, or binding site plan. Time extension requests shall be processed as a Type I application pursuant to Chapter 17.80 SVMC. The department may approve an extension provided there are no significant changed conditions or changed development regulations which would render recording of the short subdivision, subdivision or binding site plan contrary to the public health, safety or general welfare. The department may grant an initial three-year time extension. Additional one-year extensions may be granted by the department beyond the initial three-year extension. Prior to granting time extensions, the department shall circulate the time extension request to affected agencies for comments. Additional or altered conditions recommended by the department or affected agencies may be required as a condition of this extension. This may include new or updated City regulations deemed necessary to protect the public health, safety, or general welfare. The department shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those parties requesting a copy of such decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of Chapter 17.90 SVMC. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS Sections: 20.40.010 Final submittal. 20.40.020 Contents of final plat. 20.40.030 Filing final short plat, plat or binding site plan. 20.40.035 Recordation. 20.40.040 Surety in lieu of construction limitations. 20.40.050 Phasing. F"ME IX1111=9 MI.F-MT1T[in Page 11/22 A. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of the preliminary approval. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of approval imposed by the hearing examiner. B. All final subdivision, short subdivision or binding site plan submittals shall include the following: 1. A minimum of two49 copies of the proposed final short plat, plat or binding site plan, 2. Appropriate fees, and 3. TJaree One copies of a plat certificate dated within 30 days of the application filing date confirming that the title of the lands as described and shown on the short plat, subdivision, or @S—P ng site plan is in the name of the owners signing. C. The final short plat, plat or binding site plan shall show: 1. All monuments found, set, reset, replaced or removed and not replaced, describing their kind, size and location and giving other data relating thereto, DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 12/22 Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS 2. Bearing trees, corner accessories or witness monuments, basis of bearings, bearing and length of lines, scale of map with graphic bar scale and north arrow, 3. Any other data necessary for the interpretation of the various items and locations of the points, lines and areas shown, 4. Reference and show adjoining surveys of record and plats, 5. The allowable error of mathematical closure for the final plat map shall not exceed one foot in 80,000 feet or 0.04 foot, whichever is greater, 6. Bearings and lengths are to be shown for all lines, no ditto marks are to be used, 7. Arrows shall be used to show limits of bearings and distances whenever any chance of misinterpretation could exist, 8. Plat boundary and street center lines having curves shall show radius, arc, central angle and tangent for each curve and radial bearings where curve is intersected by a non -tangent line. Spiral curves shall show two spiral curve elements in addition to the chord bearing and length, 9. Lots along curves shall show arc length and radius. For lot corners that are on non -tangent or non - perpendicular curves, the radial bearing shall be shown. If a curve table is provided, it shall show angle for each segment of the curve along each lot, arc length, tangent length, and radius, 10. All dimensions shall be shown in feet and hundredths of a foot. All bearings and angles shall be shown in degrees, minutes and seconds. All partial measurements shown shall equal the total overall measurements shown, 11. The final short plat, plat or binding site plan shall indicate the actual net area for each platted lot exclusive of dedicated or private road right-of-way. Lots one acre and over shall be shown to the closest hundredth of an acre, and all other lots shall be shown in square feet to the nearest square foot, and 12. Boundary points for corners shall be located and referenced to the current control network as established by the Spokane County GPS control project and that coordinate system. The controlling points used by this subdivision shall be indicated on the map. 20.40.020 Contents of final plat. All surveys shall comply with the Survey Recording Act (Chapter 58.09 RCW), minimum standards for survey and land descriptions (Chapter 332-130 WAC), and any applicable City standards. The contents of a final short subdivision, subdivision or binding site plan shall include the following: A. The final short plat, plat or binding site plan shall be a legibly drawn, printed, or reproduced permanent map. Final short plats shall measure 18 by 24 inches. Final plats and binding site plans shall measure 24 by 36 inches. A two-inch margin shall be provided on the left edge, and a one -half -inch margin shall be provided at the other edges of the plat. If more than one sheet is required, each sheet shall show sheet numbers for the total sheets. B. The file number of the short plat, plat or binding site plan, location by quarter -quarter of a section, township and range shall be shown. C. The scale shall be 50 or 100 feet to the inch. If approved by the department, an appropriate scale may be used which does not exceed 200 feet to the inch, provided a 400 feet to the inch reduced copy is also submitted. The scale shall be shown in a text form as well as a graphic bar scale. D. A bold boundary line shall delineate the existing perimeter boundary of the short plat, plat or binding site plan prior to any dedication to the public. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 13/22 Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS E. The location and widths of streets, alleys, rights -of -way, and easements serving the property, parks and open spaces proposed within the division and those platted easements existing immediately adjacent to the division shall be shown and or identified. Areas to be dedicated to the public must be labeled. F. Layout and names of adjoining subdivisions, subdivision lots or portions thereof shall be shown within and adjacent to the subdivision boundary. G. The layout, lot and block numbers, and dimensions of all lots shall be shown. H. Street names shall be shown. I. Street addresses for each lot shall be shown. J. Plat restrictions required as conditions of preliminary short subdivision, subdivision or binding site plan approval shall be shown. K. Existing easements and utility easements shall be identified, shown and labeled. Recording information for the easement(s) shall be provided on the survey. Any easement and/or utility easement being created by this division shall be so identified, shown and labeled. L. Any special statements of approval required from governmental agencies, including those pertaining to flood hazard areas, shorelines, critical areas, and connections to adjacent state highways shall be shown. M. A notarized certification and acknowledgements by the owner(s) and beneficiary, if other than the City, as shown on a current plat certificate shall be provided dedicating streets, areas intended for other public use, and granting of easements for slope and utilities. N. A certification signed by a professional land surveyor registered in the state of Washington stating that the final short plat, plat or binding site plan was surveyed and prepared by him/her, or under his/her supervision, that the plat is a true and correct representation of the subject land, and that monumentation has been established as required by City standards. Certification must be consistent with Chapter 58.09 RCW. O. The city council authorizes the City Manager or designee to approve and execute such final approval of any final plat, short plat, or binding site plan. If the plat contains multiple sheets, the first sheet shall contain the required signatures. The plat shall not be considered final unless it is reviewed M icy: be rev ems' and 6 qRe by the following: 1. Spokane Valley Community and Public Works d@ '@IGPM@Rt So."" o Ssenior Eengineer, 2. Spokane Valley Ceity M+44anager or designee, 3. Spokane County- Environmental Services Director It I t Ps d rpptAr; 4. Spokane Regional Health District (only where septic systems and/or private wells are required to serve the development), 5. Spokane County TEreasurer, 6. Spokane County Aassessor, and 7. Hearing eExaminer for final subdivision plats only. 20.40.030 Filing final short plat, plat or binding site plan. The final short plat, plat or binding site plan shall be submitted to the department for review. It shall be routed to appropriate departments and agencies in order to review for compliance with the conditions of approval and applicable Spokane Valley Municipal Code and Revised Code of Washington requirements. Once all reviewing departments and agencies are satisfied,- all conditions have been met or appropriate DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS Page 14/22 bonding and surety obtained pursuant to SVMC 20.40.040, the final short plat, plat or binding site plan mylar shall be submitted to the department for obtaining the required signatures. Final plats and short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of receipt thereof, unless the applicant consents to an extension of such time period (RCW 58.17.140). 20.40.035 Recordation. The depal M@Rt shall F@^^F^ the ^ompleted final short plat, plat, or binding site plan shall be recorded with the Spokane County auditor's office and submit copies of the recorded documents to the Spokane County assessor's office. All fees for such recording shall be paid by the applicant prior to recording. 20.40.040 Surety in lieu of construction limitations. A. Street Improvements. Pursuant to SVMC 22.130.040, street improvements include sidewalks, drainage, and approaches. B. Non -Street Improvements. In lieu of the completion of the actual construction of any required non - street improvements prior to the approval of the final plat, short plat or binding site plan, the eCommunity and Public Works 4&Y rdepartment may accept a surety in an amount and with conditions satisfactory to the department consistent with the provision of RCW 58.17.130, and the criteria listed below. Non -street improvements may include, but are not limited to, fencing, landscaping, and trails. 1. The improvements will be completed within one year of the date of final approval, 2. The applicant for the surety does not have any outstanding improvements that have not been timely completed within other plats, short plats, or binding site plans within the City, 3. The surety is in the form of a cash savings assignment or irrevocable letter of credit in an amount of at least 125 percent of the City -estimated value of the outstanding improvements. 20.40.050 Phasing. Any subdivision or binding site plan may be developed in phases or increments. Phasing of short subdivisions is not permitted. A master phasing plan shall be submitted with the preliminary subdivision or binding site plan for approval by the department. A phasing plan shall not require the City to allow phased mitigation. The phasing plan may be approved by the city manager or designee provided: A. The phasing plan includes all land identified within the legal notice, B. The sequence of phased development is identified by a map, C. Each phase has reasonable public or private infrastructure to support the number of dwelling units or proposed commercial or industrial development contained in that phase, D. Each phase constitutes an independent planning unit with facilities, adequate circulation, and any requirements established for the entire subdivision or binding site plan, and provided, that any nonfinalized portion meets the minimum lot size of the underlying zone for the proposed use, and E. The d&o 4^.,. @Rt ^@^' ^@^ Community and Public Works Senior Engineer 4&�approves the necessary documents so that all road improvement requirements are assured for that phase. A phasing plan may be amended following preliminary approval. Said plan may be approved administratively provided the above criteria are met. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.50 PRELIMINARY PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS Chapter 20.50 Page 15/22 PRELIMINARY PLAT, cuORT PLAT, AND BINDING SITE DI nNSUBDIVISION ALTERATIONS Sections: 20.50.010 Applications. 20.50.020 Preliminary plat shei4 plat and h ^, ^^ '^ ^'^^ I�at alterations — Notice, decision, filing plan. 20.50.030 Final plat alterations — Notice, decision, filing plan. 20.50.010 Applications. An application may be submitted for any proposed alteration to a preliminary or final plat,, pre'^"r shei4 plat OF h Rd ^^ 6 t^ plaFt The application shall contain the signatures of the majority of those persons having an ownership interest in the lots, tracts, parcels, sites, or divisions in the subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in a violation of a covenant, the application shall contain an agreement signed by all parties to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration. plate b Rd Rq 6 t@ plaR. A PF@1 M Rary plat alterat AR s glass f Pd as a Type 11 perm t and shall be PFGG@66@d Any alteration proposed under this chapter shall be subject to the requirements of Chapters 20.30 and 20.40 SVMC and RCW 58.17.215, as adopted or may be amended. 20.50.020 Preliminary plat, short plat and binding site plan alterations —Notice, decision, filing plan. B. For alterations that constitute a substantial alteration. the it shall provide notice of the application to subdivision proposed for alteration consistent with SVMC 17.80.110 and 17.80.120. The notice shall include a statement that a public hearing will not be required unless specifically requested within the time frame indicated below. If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be provided as set forth in SVMC 17.80.120. C. Proposed alterations may be circulated to all agencies which were provided notice of the original Preliminary plat proposal for review and comment. Proposed alterations shall be provided to any affected agency for review and comment. D. Alterations to subdivisions may be approved if such alteration will be consistent with and conforms to all applicable State and local laws, other applicable approved conditions, and the public use and interest will be served by the alteration. E. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration which shall be signed by the city manager or designee and filed with the City. 20.50.030 Final plat alterations — Notice, decision, filing plan. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 16/22 Chapter 20.50 PRELIMINARY PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS A. A final plat alteration shall be classified as a Type III permit if a public hearing is requested, or a Type II permit if no hearing is reds 61b@Gt to a B. Upon issuing a Completeness Determination for a final subdivision alteration, the department shall provide notice of application to all owners of property within the subdivision in an appropriate regional publication or neighborhood newspaper or trade journal, and to those owners of property within 400 feet of that portion of the subdivision proposed for alteration consistent with SVMC 17.80.110 and 17.80.120.1 •,�d@ r.. t G@ of the p! Gat OR to all O'NR@FSOf r, orr„ ,.,ah1R the 'bd',�g A—R. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within 14 days of receipt of the notice. If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be provided as set forth in SVMC 17.80.120. of ra 1b' GatOROF R@ QhbOPhOOd R@WSgager r trade in of Rd to thAgp- n of 17R!111Q and 17R9 2- C. Proposed alterations shall be circulated to all agencies which were provided notice of the original oreliminary plat or000sal for review and comment. D. Alterations to final subdivisions may be approved if such alteration will be consistent with and conforms to all applicable State and local laws, other applicable approved conditions, and the public use and interest will be served by the alteration. E. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration which shall be signed by the city manager or designee and filed with the City and the Spokane County Auditor. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 17/22 Chapter 20.60 FINAL PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS Chapter 20.60 FINAL PLAT, S14ORT of Ar SHORT SUBDIVISION AND BINDING SITE PLAN ALTERATIONS Sections: 20.60.005 Purpose. 20.60.010 Application. 20.60.020 Final plat alterations — Notice, public hearing, decision, filing requirements. 20.60.030 Final short plat and binding site plan alterations — Notice, decision, filing requirements 20.60.040 Record of survey to establish lots within a binding site plan. KIx31XI111-M2T. .. The purpose of this chapter is to provide for alterations of preliminary and final short subdivisions and binding site plans. All references to "short plat' and "binding site plan" shall include both preliminary and final short plats and binding site plans, respectively. 20.60.010 Application. An application may be submitted for any proposed alteration to a f Rai plat, f Rai short plat,- or 4Ra4-binding site plan. The application shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or binding site plan, or portion thereof. A short plat or binding site plan alteration is classified as a Type II permit. except when the alteration in a manner consistent with RCW 58.17.215 sub ect to anV specific requirements of this section. Any plat —,short plat or binding site plan alteration proposed under this section shall be subject to the requirements in Chapters 20.30 and 20.40 SVMC. 20-60-020 Final Plat altAFatiGnS — NGtiGe, PUbIiG hearing, deGiSiGn, filing requirements- -- - - - - -- - - - - - - -- - - - - - --- - - - - - e e . We DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 18/22 Chapter 20.60 FINAL PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS 20.60.0320 Final sShort plat and binding site plan alterations — Notice, decision, filing requirements. A '^^^ F^^^ 0 of a Gempleted app! Gat OR Upon issuing a Completeness Determination for a fiaashort plat or binding site plan alteration, the department shall provide notice of the application to all owners of property within the subdivision, min an appropriate regional publication or neighborhood newspaper or trade journal, and to those owners of property adjacent to that portion of the short plat or binding site plan proposed for alteration in the same manner and same tvpe as was originally provided for the preliminary or final short plat or preliminary or final binding site plan proposed to be altered. B. Alterations proposing to alter a public dedication shall be processed consistent with the application procedures for Type III applications in SVMC 17.80.070 and RCW 58.17.215. For alterations that proposee, g to alter a public dedication the City shall provide notice of the application to all owners of property within the short subdivision or binding site plan in an appropriate regional publication or neighborhood newspaper or trade journal, and to those owners of property within 400 feet of that portion of the short subdivision or binding site plan proposed for alteration consistent with SVMC 17.80.110 and 17.80.120. The notice shall include a statement that a public hearing will not be required unless specifically requested within the time frame indicated below. If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be provided as set forth in SVMC 17.80.120. C. Proposed alterations may be circulated to all agencies which were provided notice of the original short plat or binding site plan proposal for review and comment. Proposed alterations shall be provided to any affected agency for review and comment. D. Alterations to fiaashort plats or binding site plans may be approved by the city manager or designee, if the city manager or designee determines such alteration will be consistent with and conform to all applicable State and local laws, other applicable approved conditions, and that the that thethe public use and interest will be served by the alteration. E. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final short plat or binding site plan, which shall be signed by the city manager or designee and, for final short plats and final binding site plans, filed with the Spokane County auditor's office to become the lawful short plat or binding site plan of the property. 20.60.0340 Record of survey to establish lots within a binding site plan. A record of survey may be filed subsequent to the recording of a final binding site plan to establish lots within the boundaries of the final binding site plan. The record of survey shall be classified as a Type I application and shall be reviewed pursuant to Chapter 17.80 SVMC and approved by the city manager or designee. The following information shall be provided on the record of survey: A. The binding site plan file number shall be referenced. B. The scale shall be 50 or 100 feet to the inch. If approved by the city manager or designee, an appropriate scale may be used which does not exceed one inch equals 200 feet, provided a one inch equals 400 feet reduced eight -and -one -half -inch by 11-inch copy is provided. C. A distinct wide boundary line shall delineate the boundary of the lot(s) being created. The boundary of the binding site plan shall be indicated and any lot(s) that have been created by filing of the final binding site plan and/or record of survey. D. Each lot shall be numbered consecutively, and the size of each lot shall be indicated on the record of survey. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.60 FINAL PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS Page 19/22 E. The location and widths of streets, alleys, rights -of -way, and easements within the binding site plan and those existing immediately adjacent to the lot being created shall be shown. F. Street names shall be shown. G. Street addresses shall be shown. H. Restrictions required as conditions of preliminary approval shall be shown. I. Appropriate utility easements shall be shown. J. Certification of the professional land surveyor licensed in the state of Washington. K. The following signatures are required on the record of survey: 1. City of Spokane Valley GCity cnManager or designee, 2. City of Spokane Valley d@Y@IGPM@Rt G@P0 G@^ Community and Public Works Senior eEngineerltEut; 3. Property owner. L. Illustrate any existing buildings located on the lot which is being created or altered. The department shall record approved record of surveys with the Spokane County auditor's office and submit copies of the recorded documents to the Spokane County assessor's office. All fees for such recording shall be paid by the applicant prior to recording. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 20/22 Chapter 20.70 PLAT VACATION Chapter 20.70 SUBDIVISION, SHORT SUBDIVISION, AND BINDING SITE PLANDI A VACATION Sections: 20.70.010 P4atVacation—Application. 20.70.020 SubdivisionPlat vacation — Process. 20.70.030 Short subdivision and binding site plan vacation — Application. 20.70.040 Short subdivision and binding site plan vacation — Process. 20.70.010 XatVacation — Application. An application may be submitted for the proposed vacation of part or all of a platsubdivision, short subdivision, or binding site plan. The application shall contain the signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision, short subdivision, or binding site plan is subject to restrictive covenants which were filed at the time of the approval, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision, short subdivision, or binding site plan, or portion thereof. 20.70.020 XatSubdivision vacation — Process. A. Except as provided in subsection B below. -Vv_acation of a platsubdivision or portion thereof is classified as a Type III application. Upon submittal of a complete application for vacation of data subdivision or portion thereof, the department shall process the #atsubdivision vacation request pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.212. B. Vacation of city streets shall utilize the procedures for street vacations set forth in chapter 22.140 SVMC, RCW 35A.47.020, and chapter 35.79 RCW. 2070 030 short Plat and binding site plan r 1i n AppliGation 20.70.0230 XatShort Subdivision and binding site plan vacation — Process. A. Except as provided in subsections B and C _below of a platshort subdivision. binding site plan, or portion thereof is classified as a Type Ill application. Upon submittal of a complete application for vacation of Plata short subdivision, binding site plan, or portion thereof, the department shall process the Plat vacation request pursuant to Chapter 17.80 SVMC, _Rd ^ a MaRRPF PARS StPRt'0Ah or n1 G❑ ,� �, B. Vacation of any area designated or dedicated for public use within a short subdivision or binding site plan is classified as a Type III application. Upon submittal of a complete application for vacation of an area designated or dedicated for public use within a short subdivision or binding site plan, the department shall process the vacation request pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.212. C. Vacation of city streets shall utilize the procedures for street vacations set forth in chapter 22.140 SVMC, RCW 35A.47.020, and chapter 35.79 RCW. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.80 BOUNDARY LINE ADJUSTMENTS/ELIMINATION S Chapter 20.80 BOUNDARY LINE ADJUSTMENTS/ELIMINATIONS Sections: 20.80.010 Scope. 20.80.020 Review process. 20.80.030 Application and drawing requirements. 20.80.040 Recordation. Page 21/22 20.80.010 Scope. Boundary line adjustments shall be a minor alteration in the location of lot or parcel boundaries on existing lots or parcels. In this section "lot" shall mean a parcel of land having fixed boundaries described by reference to a recorded plat, a recorded binding site plan, by metes and bounds, or by section, township, and range, and be of sufficient area to meet minimum zoning requirements. The purpose of the boundary line elimination process is to remove interior lot lines of a parcel comprised of two or more separate lots with contiguous ownership. Boundary line adjustments must be consistent with the following: A. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments, B. Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the zoning regulations, C. Such alteration shall not result in a building setback violation or site coverage to less than prescribed by the zoning regulations, and D. All lots resulting from the boundary line alteration shall be in conformance with the design standards of this chapter. 20.80.020 Review process. Boundary line adjustments and eliminations are classified as Type I applications and shall be reviewed pursuant to Chapter 17.80 SVMC-. 20.80.030 Application and drawing requirements. Application for a boundary line adjustment or elimination shall be made on forms provided by the department and shall provide the following information: A. Existing Conditions Site Plan. Produce a to -scale site plan on an eight -and -one -half -inch by 11-inch sheet with one -inch margins on all sides showing the following information: 1. The existing dimensions and square footage of the existing property(ies) involved, 2. The location and setbacks of any permanent improvements (i.e., structures, septic systems, etc.) from all property lines, 3. The identification, location and dimension of all access and utility easements, 4. The location, dimensions and names of public and/or private streets abutting the property(ies), and 5. North arrow and scale shall be noted. B. Proposed Adjustment/Elimination Site Plan. Produce a to -scale plan on an eight -and -one -half -inch by 11-inch sheet with one -inch margins on all sides showing the following information: DRAFT CTA-2019-0005 Spokane Valley Municipal Code Chapter 20.80 BOUNDARY LINE ADJUSTMENTS/ELIMINATION S Page 22/22 1. The location and setbacks of any permanent improvements (i.e., structures, septic systems, etc.) after the proposed boundary line adjustment or elimination from the new property lines, 2. The identification, location and dimension of any access or utility easements after the proposed boundary line adjustment or elimination, 3. The location, dimensions and names of public and/or private streets abutting the property(ies) after the proposed boundary line adjustment or elimination, 4. Indicate the existing property lines to be revised with a dashed line and the proposed property lines with a solid line if applicable, and 5. North arrow and scale shall be noted. C. On a separate sheet of paper (eight and one-half by 11 inches) a written legal description for the existing parcel(s) and the proposed adjusted or eliminated parcel(s) with one -inch margins on all sides. D. One copy each of all involved property owners' recorded deeds, verifying current ownership of the subject property(ies). E. If available, submit a copy of an original plat for the subject property. A copy of the general land office plat is not required. F. A record of survey of the property may be required by the city manager or designee. The need for a survey will be determined based on an evaluation of the number of parcels, legal descriptions, appurtenances, disputed or apparent lines of ownership, and setbacks. If required, the survey must be completed by a professional land surveyor licensed in the state of Washington. 20.80.040 Recordation. The department shall record approved boundary line adjustments and eliminations with the Spokane County auditor's office and submit copies of the recorded documents to the Spokane County assessor's office. All fees for such recording shall be paid by the applicant prior to recording. DRAFT CTA-2019-0005 Spokane Valley Municipal Code Page 1115 Chapter 17.80 PERMIT PROCESSING PROCEDURES Chapter 17.80 PERI%/HT PROCESSING PROCEDURES Sections: 17.80.010 Purpose and applicability. 17.80.020 Types of development applications. 17.80.030 Assignment of development application classification. 17.80.040 Exempt activities. 17.80.050 Development application requirements. 17.80.060 Final decision authority. 17.80.070 Required application procedures. 17.80.080 Pre -application conference. 17.80.090 Counter -complete determination. 17.80.100 Fully complete determination. 17.80.110 Notice of application. 17.80.120 Notice of public hearing. 17.80.130 Final decision. 17.80.140 Type IV applications — Comprehensive Plan amendments, development agreements associated with a Comprehensive Plan amendment, and area -wide rezones. 17.80.150 Type IV applications — Text amendments to SVMC Titles 17 through 24. 17.80.160 Optional consolidated review process. 17.80.170 Vesting of applications. 17.80.010 Purpose and applicability. A. Purpose. The purpose of Chapter 17.80 SVMC is to establish standardized decision -making procedures for reviewing development and land use applications within the City. Chapter 17.80 SVMC is intended to: 1. Assure prompt review of development applications, 2. Provide for necessary public review and comment on development applications, 3. Minimize adverse impacts on surrounding land uses, 4. Encourage flexibility and innovation in the design and layout of development proposals, and 5. Ensure consistency with the Comprehensive Plan and development regulations. B. Applicability. Chapter 17.80 SVMC applies to all development applications identified in the SVMC. (Ord. 16- 018 § 6 (Art. B), 2016). 17.80.020 Types of development applications. Land use and development applications are classified as follows: A. Type I procedures apply to permits and decisions issued administratively, B. Type II procedures apply to administrative actions that contain some discretionary criteria, C. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria, D. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy, E. Exempt applications defined in SVMC 17.80.040. (Ord. 16-018 § 6 (Art. B), 2016) The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 2/15 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1 below: Table 17.80-1 — Permit Type and Land Use Application Type Land Use and Development Application SVMCCross-Reference Accessory dwelling units 19.40 Administrative determinations by city manager or designee or building official Multiple Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Type I Home business permit 19.65.180 Shoreline letter of exemption 21.50 Record of survey to establish lots within a binding site plan 20.60.040 Right-of-way permits 22.130.100 Site plan review 19.130 Small cell permit 22.121, 22.122 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision, or binding site plan 20.30.060 Alterations liFeliminatiy i_a f4nal m 3d isiens, preliminary and final short subdivisions and preliminary and final; binding site plans (where there is no alteration of a public dedication) 20360 Binding site plan — preliminary and final 20.50 o:..a:..gsite.a...i etiii__e a°�Minor alterations —preliminary subdivisions 20.50 SEPA threshold determination 21.20.060 Type II Shoreline conditional use permit 21.50 Shoreline nonconforming use or structure review 21.50 Shoreline substantial development permit 21.50 Shoreline variance 21.50 Short subdivision —preliminary and final 20.30, 20.40 Vacation— short subdivisions and binding site plans where there is no 20.7024,34 vacation of an area designated or dedicated for public usen-rT Wireless communication facilities 22.120 The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 3/15 Type Land Use and Development Application SVMCCross-Reference Alterations — final subdivisions 20.50 Alterations - preliminary and final short subdivisions and preliminary and 20.60 final binding site plans (where there is alteration of a public dedication) Conditional use permits 19.150 Planned residential developments 19.50 Plat ........t: Type III Subdivisions- preliminar 20330 Substantial alterations—preliminarysubdivisions 20.30 Vacation — subdivision: short subdivisions and binding site plans where there 20.70 is vacation of an area designated or dedicated for public use variance 19.170 Zoning map amendments (site -specific rezones) 19.30.030 Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Type IV Area -wide zoning map amendments 17.80.140 Development Code text amendments 17.80.150 B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1 shall be assigned a type based on the most closely related application type by the city manager or designee, unless exempt under SVMC 17.80.040. When more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter 21.50 SVMC, Shoreline Regulations, including submittals, completeness review, notices, hearings, and decisions. D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law, including but not limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible facilities requests, collocations, small cell permits, and new wireless communication facilities. E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original permit type. (Ord. 18-007 § 4 (Exh. A), 2018, Ord. 17-004 § 3, 2017, Ord. 16-018 § 6 (Art. B), 2016). 17.80.040 Exempt activities. A. Exemptions. Unless specified elsewhere in SVMC Title 17, the following development activities are exempt from the procedural requirements of Chapter 17.80 SVMC: 1. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, or utilities. 2. A change of any legally established use is exempt, unless the change of use requires: a. An increase in the number of parking spaces provided, b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits, The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 4/15 c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review, or d. Review by SEPA. 3. Final subdivisions, short subdivisions, and binding site plans. 4. Building permits that are not subject to SEPA. 5. On -site utility permits not obtained in conjunction with a specific development application including, but not limited to, sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits. 6. Sign permits. 7. Interior remodeling and tenant improvements unless site plan review is required under Chapter 19.130 SVMC, Site Plan Review. B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other applicable standards and requirements of the SVMC. (Ord. 16-018 § 6 (Art. B), 2016). 17.80.050 Development application requirements. A. Application Forms. All applications shall be made on forms provided by the department. The city manager or designee shall have authority to modify application forms. B. Submittal Information. All applications shall include the information required in applicable provisions of the SVMC as identified in Table 17.80-2 and other additional information required by the department C. Land use and development applications shall be signed by the owner(s) of the property. D. Fees. Fees as required by Chapter 17.110 SVMC, Fees and Penalties. (Ord. 17-004 § 3, 2017, Ord. 16-018 § 6 (Art. B), 2016). 17.80.060 Final decision authority. The final decision for application type shall be made by: A. Type I — the department. B. Type II — the department C. Type III — the hearing examiner. D. Type IV —the city council preceded by a recommendation by the planning commission. (Ord. 16-018 § 6 (Art. B), 2016). 17.80.070 Required application procedures. The required procedures for Type I, II, and III applications are set forth in Table 17.80-2 below. The specific procedures required for Type IV applications are set forth in SVMC 17.80.140 and 17.80.150. Table 17.80-2 —Permit Type and Land Use Application Application Type Pre -application conference 17.80.080 Counter -complete determination 17.80.090 Fully complete determination 17.80.100 Notice of application 17.80.110 Notice of public hearing 17.80.120 Final decision and notice 17.80.130 I O X X N/A N/A X *II **O X X X N/A X III X X X X X X The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Page 5115 Chapter 17.80 PERMIT PROCESSING PROCEDURES PreapplicationCounter-complete Fully complete Notice of Final decision Application conference determination determination application Notice of public and notice Type 17.80.080 17.80.090 17.80.100 17.80.110 hearing 17.80.120 17.80.130 XRequired OOptional N/A Not Applicable *Does not apply to SEPA threshold determinations. Refer to SVMC 21.20.070(B)(2) for noticing requirements. **Except for short subdivisions and binding site plans which require a pre -application meeting. (Ord. 16-018 § 6 (Att. B), 2016). 17.80.080 Pre -application conference. A. Purpose. To provide the City and other agency staff with a sufficient level of detail about the proposed development, to enable staff to advise the applicant of applicable approvals and requirements, to acquaint the applicant with the applicable requirements of the SVMC and other laws, and to identify issues and concerns in advance of a formal application. B. Pre -Application. Type II and III applicants shall schedule a pre -application conference and provide information requested in advance of the meeting. C. Pre -Application Waivers. The city manager or designee may waive the pre -application conference if determined that the proposal has few development -related issues, involves subsequent phases of an approved development, or is substantially similar to a prior proposal affecting substantially the same property. (Ord. 17-004 § 3, 2017, Ord. 16- 018 § 6 (Art. B), 2016). 17.80.090 Counter -complete determination. A. Determination and Application Content. Prior to accepting an application, the department shall determine whether the application is counter -complete. A counter -complete application shall contain all information requested in the applicable form. Review for counter -complete status does not include an evaluation of the substantive adequacy of the information in the application. B. Incomplete Application. If the department determines that the application is not counter -complete, the application shall be rejected and the applicant advised of the information needed to complete the application. C. Counter -Complete Application. Counter -complete applications shall be accepted for review for fully complete determination. (Ord. 16-018 § 6 (Art. B), 2016). 17.80.100 Fully complete determination. A. Determination. Once a counter -complete application has been accepted, the department shall, within 28 calendar days, provide a written determination delivered by mail or in person to the applicant that the application is fully complete, or if incomplete, a list of what is required to make the application complete. Upon receipt of the requested material, the department shall conduct another review and respond as set forth above. The names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application to the extent known by the City shall be provided to the applicant B. The City shall notify the applicant whether an application is fully complete or what additional information is necessary within 14 calendar days after the applicant has submitted any additional information identified by the City as necessary for a complete application. C. Incomplete Application. If the necessary information is not provided by the applicant within 60 days, the department shall: 1. Reject and return the application, 2. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the fully complete review process without additional fees, provided, that the required information is provided by a date specified by the department, or The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 6/15 3. The applicant may withdraw the application by submitting a request in writing and may be entitled to the return of up to 80 percent of the fees submitted. D. Fully Complete Application. Once the department determines that an application is fully complete, the department shall, within 14 calendar days, issue a notice of application pursuant to SVMC 17.80.110. E. Request for Additional Information. A fully complete determination shall not preclude the City from requesting additional information, studies, or changes to submitted information or plans if new information is required, or substantial changes to the proposal occur. F. Revocation. An application's fully complete status may be revoked if the department determines that the applicant intentionally submitted false information. In the event an applicant's fully complete status is revoked, the applicant shall lose any rights granted pursuant to S VMC 17.80.170. (Ord. 16-018 § 6 (Art. B), 2016). 17.80.110 Notice of application. A. Contents. The department shall issue a notice of application within 14 calendar days after an application is determined fully complete. 1. All notices of applications shall include the following: a. The case file number(s), the date of application, and the date a fully complete application was filed, b. A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the City, c. The proposed SEPA threshold determination, if applicable, d. The identification of any existing environmental documents that may be used to evaluate the proposed project, e. Statement of the public comment period. A statement that the public has the right to comment on the application, receive notice of the decision, and request a copy of the decision once made, and a statement of any appeal rights, f. The name of the applicant or applicant's authorized representative and the name, address, and telephone number of a contact person for the applicant, if any, g. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning, h. A map showing the subject property in relation to other properties or a reduced copy of the site plan, i. The date, place, and times where information about the application may be examined and the name and telephone number of the City representative to contact about the application, and j. Any additional information determined appropriate by the department 2. In addition to the requirements listed in S VMC 17.80.110(A)(1), a Type II notice of application shall state: a. That failure of any party to address the relevant approval criteria with sufficient specificity may result in the denial of the application, b. That all evidence relied upon by the department to make the decision shall be contained within the record and is available for public review, and that copies can be obtained at a reasonable cost from the department, c. That, after the comment period closes, the department shall issue a Type II notice of decision. The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Page 7/15 Chapter 17.80 PERMIT PROCESSING PROCEDURES 3. In addition to the requirements listed in S VMC 17.80.110(A)(1), a Type III application shall state: a. That a staff report shall be available for inspection at least seven days before the public hearing, and written comments may be submitted at any time prior to the closing of the record for the public hearing. B. Distribution of Notice of Application. The notice of application shall be published in an appropriate regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail: 1. The applicant, 2. All adjacent property owners of record as shown on the most recent property tax assessment roll, 3. Any governmental agency entitled to notice, and 4. Any person filing a written request for a copy of the notice of application. C. Type I Exception. A notice of application is not required for Type I applications. D. Comment Period. The department shall allow 14 calendar days for Type II applications and 30 calendar days for Type III applications after the date the notice of application is mailed and posted on the subject property, for individuals to submit comments. Within seven calendar days after the close of the public comment period, the department shall mail to the applicant a copy of written public comments, including email communications timely received in response to the notice of application, together with a statement that the applicant may either submit a written response to these comments within 14 calendar days from the date the comments are mailed or waive the response period. If the applicant desires to waive his right to respond to the comments, such waiver shall be provided to the department in writing. The department, in making its decision on the application, shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including email communications, submitted by the applicant. (Ord. 16-018 § 6 (Art. B), 2016). 17.80.120 Notice of public hearing. A public hearing is required for Type III applications. A. Content of Notice of Public Hearing. Notices of public hearing shall contain the following information: 1. The application and/or project number, 2. Project summary/description of each project permit application, 3. The designation of the hearing body, 4. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body, 5. General project location, vicinity, address, and parcel number(s), if applicable, 6. The name of the applicant or applicant's authorized representative and the name, address, and telephone number of a contact person for the applicant, if any, 7. The SEPA threshold determination, or description thereof, shall be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review and stating the end of any final comment period, 8. A statement regarding the appeal process, and 9. The date when the staff report will be available and the place and times where it can be reviewed. B. Distribution of Notices of Public Hearing. Notices of public hearing shall be mailed, posted, and published at least 15 days prior to the hearing date and shall be distributed as follows: The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 8/15 1. Notice by Mail. All property owners within 400 feet of the subject property by first class mail. Where any portion of the property abutting the subject property is owned, controlled, or under the option of the project property owner, then all property owners within a 400-foot radius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County assessor's/treasurer's database as obtained by the title company no more than 30 calendar days prior to the scheduled public hearing. In addition, notice shall be sent to the following: a. Agencies with jurisdiction (SEPA), b. Municipal corporations or organizations with which the City has executed an interlocal agreement, and c. Other persons outside of the 400-foot radius who the City determines may be affected by the proposed action or who requested such notice in writing. Examples of considerations for determining when to provide notice to other persons who may be affected include, but are not limited to, circumstances such as large neighboring properties which limit the number of properties receiving notice within the 400-foot radius, known or likely public interest in the project due to the size of the project or likely substantial adverse impacts of the project on the neighboring properties, and other similar considerations. Failure to send public notice to other persons beyond the 400-foot radius shall not be considered inadequate public notice. 2. Notice by Sign. A sign a minimum of 16 square feet (four feet in width by four feet in height) in area shall be posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows: a. A minimum of two-inch border on the top, sides, and bottom of the sign, b. The first line in four -inch letters shall read "Notice of Public Hearing", c. Spacing between all lines shall be a minimum of one inch, and d. The text of the sign shall include the following information in a minimum of one -inch letters: i. Proposal, ii. Applicant, iii. File number, iv. Hearing (date and time), v. Location, and vi. Review authority. 3. Notice by Publication. Publish one notice in an appropriate regional or neighborhood newspaper or trade journal. (Ord. 16-018 § 6 (Art. B), 2016). 17.80.130 Final decision. A. Timeline to Make Final Decision — Type I. The department shall approve, approve with conditions, or deny a Type I application within 60 calendar days after the date the application was accepted as fully complete, unless accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City shall not be included in the 60-day period. An applicant may agree in writing to extend the time in which the department shall issue a decision. The department's decision shall address all of the relevant approval criteria applicable to the development application. The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 9/15 B. Timeline to Make Final Decision — Type II and III. The final decision on a Type II and III application shall be made not more than 120 calendar days (90 days for subdivisions) after the date a fully complete determination is made. This period shall not include: 1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City, 2. Time spent preparing an environmental impact statement, 3. Time between submittal and resolution of an appeal, or 4. Any extension of time mutually agreed upon by the applicant and the City in writing. C. The timeline for all final decisions shall be subject to any changes pursuant to SVMC 17.80.170(G). D. Contents of Final Decision. The final decision on Type II and III applications shall contain the following information: 1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's proposal and of the decision, 2. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable, 3. The date the decision shall become final, unless appealed, 4. A statement that all persons who have standing under Chapter 17.90 SVMC, Appeals, may appeal the decision, 5. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal, 6. A statement that the complete case file, including findings, conclusions, decisions, and conditions of approval, if any, is available for review. The notice of final decision shall list the place, days, and times where the case file is available and the name and telephone number of the City representative to contact about reviewing the case file, 7. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria, 8. A statement of the basis of decision pursuant to the SVMC and other applicable law, 9. The reasons for a conclusion to approve, approve with conditions, or deny the application, 10. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law, and 11. The date the final decision is mailed. E. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following: 1. The applicant, 2. Any governmental agency entitled to notice, 3. Any person filing a written request for a copy of the notice of application or the final decision, and 4. Any person who testified at the hearing or who provided substantive written comments on the application during the public comment period and provided a mailing address. (Ord. 16-018 § 6 (Art. B), 2016). The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 10115 17.80.140 Type IV applications— Comprehensive Plan amendments, development agreements associated with a Comprehensive Plan amendment, and area -wide rezones. A. Initiation. Comprehensive Plan amendments and area -wide rezones may be initiated by any of the following: 1. Property owner(s) or their representatives, 2. Any citizen, agency, neighborhood association, or other party, or 3. The department, planning commission, or city council. B. Applications. Applications shall be made on forms provided by the City. C. Application Submittal. 1. Applicant Initiated. Comprehensive Plan amendments and area -wide rezones shall be subject to a pre - application conference, counter -complete, and fully complete determinations pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. The date upon fully complete determination shall be the date of registration with the department. 2. Nonapplicant Initiated. After submittal of a nonapplicant-initiated application, the application shall be placed on the register. D. Register of Comprehensive Plan Amendments and Area -Wide Rezones. The department shall establish and maintain a register of all applications. E. Concurrent and Annual Review of Register. 1. Sixty days prior to November 1st in each calendar year, the City shall notify the public that the amendment process has begun. Notice shall be distributed as follows: a. Notice published in an appropriate regional or neighborhood newspaper or trade journal, b. Notice posted on all of the City's official public notice boards, and c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest. 2. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before November 1 st of the current calendar year shall be included in the annual review. Those registered after November 1st of the calendar year shall be placed on the register for review at the following annual review. 3. Emergency Amendments. The City may review and amend the Comprehensive Plan when the city council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a). F. Notice of Public Hearing. Comprehensive Plan amendments and area -wide rezones require a public hearing before the planning commission. 1. Contents of Notice. A notice of public hearing shall include the following: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision, b. A statement of how the proposal would change the affected provision, c. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal, d. The date, time, and place of the public hearing, The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 11115 e. A statement of the availability of the official file, and f. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal. 2. Distribution of Notice. The department shall distribute the notice pursuant to S VMC 17.80.120(B). G. Planning Commission Recommendation — Procedure. Following the public hearing, the planning commission shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the city council. The planning commission shall take one of the following actions: 1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal, 2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the city council not adopt the proposal, or 3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.140(G)(1) or (2), the proposal will be sent to city council with the notation that the planning commission makes no recommendation. H. Approval Criteria. 1. The City may only approve Comprehensive Plan amendments and area -wide zoning map amendments if it finds that: a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment, b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment, c. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies, d. The proposed amendment corrects an obvious mapping error, or e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. 2. The City shall also consider the following factors prior to approving Comprehensive Plan amendments: a. The effect upon the physical environment, b. The effect on open space, streams, rivers, and lakes, c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods, d. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools, e. The benefit to the neighborhood, City, and region, f. The quantity and location of land planned for the proposed land use type and density and the demand for such land, g. The current and projected population density in the area, and The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 12/15 h. The effect upon other aspects of the Comprehensive Plan. I. City Council Action. Within 60 days of receipt of the planning commission's findings and recommendations, the city council shall consider the findings and recommendations of the planning commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the city council shall: 1. Approve the application, 2. Disapprove the application, 3. Modify the application. If the modification is substantial, the city council shall either conduct a public hearing on the modified proposal, or 4. Refer the proposal back to the planning commission for further consideration. In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.140(I)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no further action shall be required by the city council, although the city council may take such other action as it deems appropriate. J. Transmittal to the State of Washington. At least 60 days prior to final action being taken by the city council, the Washington State Department of Commerce (Commerce) shall be provided with a copy of the amendments in order to initiate the 60-day comment period. No later than 10 days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. (Ord. 16-018 § 6 (Art. B), 2016). 17.80.150 Type IV applications — Text amendments to SVMC Titles 17 through 24. A. Initiation. Text amendments to SVMC Titles 17 through 24 may be initiated by any of the following: 1. Property owner(s) or their representatives, 2. Any citizen, agency, neighborhood association, or other party, or 3. The department, planning commission, or city council. B. Applications. Applications shall be made on forms provided by the City. C. Application Submittal. 1. After submittal of an applicant -initiated application, the application shall be subject to a pre -application conference, counter -complete determination, and fully complete determination pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. 2. After submittal, the application shall be placed on the next available planning commission agenda. D. Notice of Public Hearing. Amendments require a public hearing before the planning commission. 1. Contents of Notice. A notice of public hearing shall include the following: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision, b. A statement of how the proposal would change the affected provision, c. The date, time, and place of the public hearing, d. A statement of the availability of the official file, and The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Page 13/15 Chapter 17.80 PERMIT PROCESSING PROCEDURES e. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal. 2. Distribution of Notice. The department shall distribute the notice to the applicant, newspaper, City Hall, and the main branch of the library. E. Planning Commission Recommendation — Procedure. Following the public hearing, the planning commission shall consider the proposal and shall prepare and forward a recommendation to the city council. The planning commission shall take one of the following actions: 1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to the city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal, 2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the city council not adopt the proposal, or 3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.150(E)(1) or (2), the proposal shall be sent to the city council with the notation that the planning commission makes no recommendation. F. Approval Criteria. The City may approve amendments to the SVMC if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan, and 2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. G. City Council Action. Within 60 days of receipt of the planning commission's findings and recommendations, the city council shall consider the findings and recommendations of the planning commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). By a majority vote, the city council shall: 1. Approve the application, 2. Disapprove the application, 3. Modify the application. If modification is substantial, the city council must either conduct a public hearing on the modified proposal, or 4. Refer the proposal back to the planning commission for further consideration. In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.150(G)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no further action shall be required by the city council, although the city council may take such other action as it deems appropriate. H. Transmittal to the State of Washington. At least 60 days prior to final action being taken by the city council, Commerce shall be provided with a copy of the amendments in order to initiate the 60-day comment period. No later than 10 days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. (Ord. 16- 018 § 6 (Art. B), 2016). 17.80.160 Optional consolidated review process. A. Optional Consolidated Review Process. This optional process provides for the consideration of all discretionary land use, engineering, and environmental permits issued by the City if requested in writing from the applicant. Permit decisions of other agencies are not included in this process, but public meetings and hearings for other The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 14/15 agencies may be coordinated with those of the City. Where multiple approvals are required for a single project, the optional consolidated review process is composed of the following: 1. Pre -Application Meeting. A single pre -application meeting will be conducted for all applications submitted under the optional consolidated review process. 2. Determination of Completeness. When a consolidated application is deemed complete, a consolidated determination of completeness will be made pursuant to SVMC 17.80.100. 3. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of application will be issued pursuant to the provisions of SVMC 17.80.110. 4. Comment Period. The consolidated application shall provide for one comment period for all permits included in the consolidated application. 5. The City shall issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any companion Type III permit. Appeals of administrative permits that are part of a consolidated application will be heard in a single, consolidated open record appeal hearing before the hearing examiner on the same agenda as the companion Type III application. 6. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit applications. The notice shall include the Type III permit to be heard and any open record appeals of administrative portions of the consolidated application. 7. Notice of Decision. The hearing examiner shall issue a single notice of decision regarding all Type I and Type II appeals and all Type III project permit applications subject to a public hearing. (Ord. 16-018 § 6 (Art. B), 2016). 17.80.170 Vesting of applications. A. Purpose. The purpose of SVMC 17.80.170 is to implement local vesting regulations that are best suited to the needs of the City and consistent with state law. B. Vested Rights. Except for rezones, an application for a land use or development application type set forth in Table 17.80-1 shall be considered under the development regulations in effect on the date a fully complete application is filed, pursuant to SVMC 17.80.100. C. Vested Rights for Subsequent Building Permits or Land Disturbing Activity Permits. Building permit or land disturbing activity permit applications that are filed subsequent to and related to a prior development permit or application of the types listed in SVMC 17.80.170(C)(1) through (14) shall be considered under the development regulations in effect at the time a complete application listed in SVMC 17.80.170(C)(1) through (14) is filed pursuant to SVMC 17.80.100. 1. Accessory dwelling unit, 2. Boundary line adjustment or elimination, 3. Floodplain development, 4. Site plan, 5. Binding site plan, 6. Shoreline substantial development permit, 7. Shoreline conditional use permit, 8. Shoreline nonconforming use or structure review, The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. Spokane Valley Municipal Code Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 15115 9. Shoreline variance, 10. Shoreline letter of exemption, 11. Short subdivision, 12. Conditional use permit, 13. Planned residential development, and 14. Subdivision. However, an applicant filing a complete application for any subsequent building permit or land -disturbing activity permit application shall only have such rights as described herein if it is submitted prior to the expiration date of the permit(s) or approval(s) applied for in the application types listed in SVMC 17.80.170(C)(1) through (14). D. Development Regulations. For the purpose of SVMC 17.80.170, "development regulation" means those provisions of SVMC Titles 17 through 24 that exercise a restraining or directing influence over land, including provisions that control or affect the type, degree, or physical attributes of land development or use. For purposes of SVMC 17.80.170, "development regulation" does not include fees or procedural regulations. E. Applicability of Current Building Code. A complete building permit application shall always be subject to that version of SVMC Title 24 in effect at the time the building permit application is submitted. F. Rezones Not Acquiring Vested Rights. Notwithstanding any other provision in SVMC 17.80.170, any application dependent on approval of a rezone application shall not acquire vested rights to any particular development regulations until the underlying rezone is approved. At that time, the application dependent on approval of a rezone shall be considered under the development regulations in effect at the time the underlying rezone is approved. G. Waiver of Vested Rights. At any time during the processing of an application, an applicant may voluntarily opt to have all applications for a project be governed by development regulations in effect on a date later than the date provided pursuant to SVMC 17.80.170(B) through (F). The applicant may exercise that option by delivering a written and signed waiver to the department stating that the property owner agrees: 1. To waive all rights provided pursuant to SVMC 17.80.170(B) through (F) and any related vested rights claim they may have with the application, 2. To have all applications for the project be governed by all development regulations in effect on the date of delivery of the waiver, subject to the limitations set forth in SVMC 17.80.170(B) through (F), 3. That any change or modification to the project required or desired pursuant to new development regulations may result in a new determination of whether the application is still fully complete based upon the changes. In the event the application or project is changed such that it is no longer fully complete, the applicant shall provide such information as is required to render the modified application fully complete and the applicant shall agree to reset the time period for permit review and processing to the date the modified application is determined to be fully complete, and 4. That any change or modification to the project may require additional review and processing, revised public notice, and additional public hearings as required pursuant to Chapter 17.80 SVMC. In the event an applicant delivers a written and signed waiver meeting the requirements of SVMC 17.80.170(G)(1) through (4), the application shall be considered under the development regulations in effect on the date of delivery of the waiver or, if necessary, the new date a modified application is determined fully complete, and any other subsequent building permit or land disturbing activity permit applications subject to SVMC 17.80.170(C) shall be considered under the development regulations in effect on the date of delivery of the waiver, or if necessary, the new date a modified application is determined fully complete. (Ord. 16-018 § 6 (Art. B), 2016). The Spokane Valley Municipal Code is current through Ordinance No. 20-006, passed April 14, 2020. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: October 8, 2020 Item: Check all that apply ❑ old business ❑ new business ❑ public hearing ❑ information ® study session ❑ pending legislation FILE NUMBER: STV-2020-0002 AGENDA ITEM TITLE: Study session — street vacation of a portion of Montgomery Avenue and Bessie Road DESCRIPTION OF PROPOSAL: Privately initiated request to vacate 470 feet of Montgomery Avenue and 195 feet of Bessie Road. 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 20-013 setting the public hearing. BACKGROUND: The City received a street vacation application on August 7, 2020 from Diamond Rock Financial LLC/TCF Properties, the owner of one of the adjacent properties (45074.0223). The other owners who signed the application include Kenneth Ward (45074.2309; 45074.9084), Montgomery Apartments LLC (45074.0219; 45074.0220; 45074.0221; 45074.0222) & Argonne/Montgomery Storage LLC (45071.9089). The application is requesting a street vacation of 470 feet of Montgomery Avenue and 195 feet of Bessie Road. The total area to be vacated for Montgomery Avenue is approximately 18,885 square feet and the total area to be vacated for Bessie Road is approximately 4,631 square feet. The undeveloped right-of-way widths range between 25-feet to 60-feet wide. The property owner's are making a request for the following reasons: 1. The proposed vacation is currently undeveloped (dedicated in 1955) and provides no public access at this time, having no potential for connection to the north with the Burlington Northern Santa Fe rail line directly to the north. 2. Both Bessie Road and a portion of Montgomery Road are not full right-of-way widths and therefore would be substandard for today's use. 3. The vacation will allow maximum use of abutting properties for infill development. On September 22, 2020 the City Council passed Resolution 20-013 to set a public hearing date with the Planning Commission on October 22, 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. RECOMMENDED ACTION OR MOTION: No action recommended at this time. The Planning Commission will conduct a public hearing and consider the street vacation on October 22, 2020. RPCA Study Session for STV-2020-0002 Page 1 of 2 STAFF CONTACT: Connor Lange, Planner ATTACHMENTS: 1. Application material 2. PowerPoint presentation RPCA Study Session for STV-2020-0002 Page 2 of 2 Diamond Rock/TCF Properties, LLC Privately -Initiated Street Vacation STV-2020-0002 Study Session October 8, 2020 11 l 7 Vicinity Map STV-2020-0002 kw = Spokane Valley, WA 4OW -POW 7-- IbdJ Montgomery Avenue W�� "� vacation Bessie Road vacation r Process: �o �o � �% U N cv Study Session O o N N o 10-8-2020 Public Hearing Administrative U 10-22-2020 Report (1 BD) d Q � �n O U ^~ o O U c •• Findings of Fact Ordinance 1st 11-12-2020 Reading(1BD) o ~ Ordinance 2nd Reading (TBD) V 11 Today � U 0 a C ^� 0 3 Background Street Vacation - The complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. • SVMC 22.140 • RCW 35A.47.020 statutory authority for cities • RCW 35.79 provides procedural framework to cities Street Vacation Considerations: STAFF REVIEW: • Street connectivity • Traffic volumes • Future development and access POTENTIAL CONDITIONS TO CONSIDER: Utility and access easements Removal of portion of street vacated 64' SP 91-733 45071.9089 +5077.0002 / `✓ 60ROW 439, / M0NTC0MERY AVENUE 30' ROW 167' 26'/ 290' 145074.0221 45074.0221 45074.0219 45071,0246 SP 83-247 II' 216' 1 0 4W74.0239,I q, 25' ROWdm 45074,0222 6 5 4 3 2 , _ _ _ K 45074.0223 8 9 10 11 12 13 w VISTA GARDENS NO. 4 U BLOCK 1 41'�y 50' ROW— MANSFIELD AVENUE 25' GAS EASEMENT 1 PER SYLVIA COURT ADDTION EXHIBIT 1 STREET VACATION EXHIBIT Ro.,n„o.as,g BESSIE & MONTG❑MERY —F—Veo_ one SPOKANE VALLEY. WASHINGTON Design/construct road improvements JE �\ s 5 Applicant's Reasons for Request 3d"'1. The proposed vacation is currently undeveloped (dedicated in 1955) and provides no public access at this time, having no potential for connection to the north with the Burlington Northern Santa Fe rail line directly to the north. 5 2. Both Bessie Road and a portion of Montgomery Road are not full right-of-way widths and therefore would be substandard for today's use. 51"3. The vacation will allow maximum use of abutting properties for infill development. a Ldm E Montgomery Ave la R M, �. Vie.. wqs w S„t STREET VACATION APPLICATION pokanea SVMC 22.140 Valley Phone: (509) 720-5240 1 Date Submitted: Received PLUS #: File #: Project # 2/ -01020 -200Z / RECEIVED 10210 E Sprague Avenue ♦ Spokane Valley 99206 Fax: (509) 720-AU8b terms okanJA aflev.org CSV PERMIT CENTER PART I - REQUIRED MATERIAL "THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED" ■J C9rrlpleted Appl* n Form 2 Application Fee ✓ /``i . 3 J Written Correspondence fro Utility Purveyors LTelephone =C�ble _Electric Other(Specify)_ meter District v ire District ....GGas Utility ewer Utility �j J Vicinity Map — Submit a map showing the general area of the proposed vacation 5 &Record of Survey, if available, for the subject street and/or alley proposed for vacation, and abutting prope s, streets and alleys within 100 feet on all sides of the proposed vacation. ( Afte.,s. *I i 5f ritten Evidence of all easements, allowances or reservations, if available, pertaining to the street G and/or alley proposed for vacation. 7 rlTlk PART II - APPLICATION INFORMATION APPLICANT NAME: Whipple Consulting Engineers MAILING ADDRESS: 21 S. Pines Rd CITY: Spokane Valley STATE: WA ZIP: 99206 PHONE: (509) 893-2617 FAx: (509) 926-0227 CELL: EMAIL: toddw@whipplece.com PROPERTY OWNER No. 1: Diamond Rock Financial LLC/TCF Properties MAILING ADDRESS: 320 S Sullivan Road CITY: Spokane Valley STATE: WA ZIP: 99037 PHONE: 509.924-8964 FAX: I CELL: I EMAIL: crapodennlS@gmall.cOm If more than two (2) abutting property owners, include information and written authorization on a separate sheet of paper for each. 2659 Bessie and Montgomery Street Vacation NAME OF STREET/ALLEY TO BE VACATED: N Bessie Road and E Montgomery DIMENSIONS OF STREET/ALLEY TO BE VACATED: 25' ROW on Bessie and 30'-60' ROW on Montgomery SQUARE FEET OF STREET/ALLEY TO BE VACATED: 0.54 acres ABUTTING TAx PARCEL No(s).: 45074.0219, 45074.0220, 45074.0221, 45074.0222, 45074.0223, 45074.2309, 45077.0002, 45074.9084 ADDRESSES OF ABUTTING PARCELS: 8419, 8507 E Mansfield Ave. ZONING DESIGNATION: R3 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 ANEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC? EXPLAIN. 4. HOW WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAIN. 5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES. (SPECIFY)? 6. DOES THE RIGHT-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES (SPECIFY)? PLEASE NOTE: PER RCW 35.79.040 (TITLE TO VACATED STREET/ALLEY, THE PROPERTY WITHIN A PUBLIC STREET OR ALLEY VACATED BY THE CITY COUNCIL SHALL BELONG TO THE ABUTTING PROPERTY OWNERS, ONE-HALF(1/2)TOEACH. THEREFORE, PROPERTY OWNER SHALL BE REQUIRED TO SIGN THE STREET VACATION APPLICATION. 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 PL-15 V1.0 Page 3 of 2659 Bessie and Montgomery Street Vacation 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. (Sig NOTARY STATE OF WASHINGTON) 711 ---;� (Date) Ss: COUNTY OF SPOKANE '% SUBSCRIBED AND SWORN to before me this day of V V� t 20Q0 NOTARY SEAL y€o a°IA4 50 49919 'i 9 ny'r?.261`'+?� /Ill I t tOFtW As\` Notary Public in and for the State of Washington My Aor ; / /. / LEGAL OWNER NO. 1 AUTHORIZATION: If the applicant is not the legal o f(s), the owner must provide the following acknowledgement; I. G/- owner of lot 7, block 1 of Vista Gardens No 4 final Plat do hereby authorize WHIPPLE CONSULTING ENGINEERS to represent me and my interests in all matters regarding this street vacation application. PL-15 V1.0 Page 4 of 2659 Bessie and Montgomery Street Vacation PART III -AUTHORIZATION NOTARY STATE OF WASHINGTON) COUNTYOFSPOKANE SUBSCRIBED AND SWORN to before me this day of J " `7 20 AO NOTARY SEAL C 7 NOTARY SIGNATURE Notary Public in and for the State of Washington CASEY G CUSHMAN Notary Public State of Washington Residing at: Spokow e_ My Appointment Expires Get 7, 2020 T ' My appointment expires: /O/,i/LO..o LEGAL OWNER NO. 2 AUTHORIZATION: If the applicant is not the legal owwner(s), the owner mi\� t�(provide the following acknowledgement; L-�� r 4—owner of Argonne/Montgomery Storage, LLC do hereby authorize WHIPPLE CONSULTING ENGINEERS to represent me and my interests in all matters regarding this Street Vacation application. PROPERTY OWNER NO. 2: Argonne/Montgomery Storage, LLC MAILING ADDRESS: 8915 E Montgomery STE B CrrY: Spokane STATE: WA ZIP: 99212 PHONE: OQ 4(0 FAX: CELL: dG6no EMAIL: `� ("(2 k' 2659 Bessie and Montgomery Street Vacation PART III - AUTHORIZATION NOTARY STATE OF WASHINGTON) COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this�day of 20zd Notary Public in and for the State of Washington Residingat: J�at�� CC�A�4 Myappointmentexpires: LEGAL OWNER NO. 3 AUTHORIZATION: If the applicant is not the legal owner(s), the owner must provide the following acknowledgement; 14 I,_nt.yrRa,tf A ar_c owner of lots 3-6, block 1 of Vista Gardens No 4 Final Plat do hereby authorize WHIPPLE CONSULTING ENGINEERS to represent me and my interests in all matters r g rding this street vacation application. PROPERTY OWNER No. 3: Montgomery Apartments, LLC MAILING ADDRESS: PO BOX 19351 CITY: SPOKANE STATE: WA ZIP: 99219 PHONE: FAX: CELL:953-9999 ARY@SC H IM M ELS C ONSTR UCTION.COM EMAIL: 2659 Bessie and Montgomery Street Vacation PART III - AUTHORIZATION NOTARY STATE OF WASHINGTON) COUNTY OF SPOKANE SUBSCRIBED AND SWORN to before me this �\ day of Pilr 2020 NOTARY SEAL / f � pRADE ��,,SIGNATURE a� •• ��o •.•• Notary Public in an or the State of Washington tiff . o _ Residing at: off. • 3TA;4. E10F`V�```1. My appointment expires:(bl �ZIzow LEGAL OWNER NO. 3 AUTHORIZATION: If the applicant is not the legal owner(s), the owner must provide the following acknowledgement; I, Kenneth L Ward , owner of 8419 E Mansfield Ct. do hereby authorize WHIPPLE CONSULTING ENGINEERS to represent me and my interests in all matters regarding this street, aw`�' n application. PROPERTY OWNER No. 4: Kenneth L Ward MAILING ADDRESS: CITY: STATE: WA zip: 1 p PHONE: FAX: CELL: ` �b EMAIL: 45077.0002 •A SP 91-733 45071.9089 600'' ROW 1 1 MONTGOMERY AVENUE 439' 30' ROW / 167' 25 26' / 290' 45074.0221 45074.0221 45074.0219 4507I .0246 g084 45074.0222 4 4" 6 5 4 3 2 1 q SP 83-247 a 45074.0223 8 9 10 11 2 12 13 w 216' q 0 160' 7 45074.02391 w VISTA GARDENS NO. 4 w BLOCK 1 25' ROWI N 22 41' 50' ROW MANSFIELD AVENUE �W E 25' GAS EASEMENT H PER SYLVIA COURT ADDTION EX II:Bao-2I STREET VACATION EXHIBITPRO AIWC BESSIE & MONTGOMERY DATE: 07/30/20 WHIPPLE CONSULTING ENGINEERS DRAWN: EJW CIVILAND TRANSPORTATION ENGINEERING APPROVED: DAD SPOKANE VALLEY, WASHINGTON 12528 NORTH SULLIVAN ROAD SCALE: 1 "=1 00' SPOKANE VALLEY, WASHINGTON 99216 PH. 509-893-2617 LAC 509-926-0227 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - S DEDICATION A'A10 Y ALL MEN BY THESE PRESENTS that James H Warehouse and Alpha H Warehouse have laid off and platted into lots and streets the land shown upon this map to be known as 'VISTA GARDENS No. 4e, a subdivision of the NE% of the NW%4 of the SE%4 of Section 7, T. 25 N. R 44 E.W.M., except the right of way of the Northern Pacific Railway Company and except a parcel of land 15 feet in width across part of the said NE%4 of NW%4 of SE%4 of Section 7 adjacent to the said railway righf of way on the south: and they do hereby dedicate to the public for the use of the public the streets shown upon this map. All lots shall be residential. No structure shall be erected, altered, placed or permitted to remain on any portion of this tract other than a single or a multiple family dwelling, private garage and other out -buildings which may be incidental to the residential use of the land. No dwe/ling having a floor space of less than 800 square feet exclusive of porches and oaraoes shall be per- mitted upon any /of. .411 buildings in this subdivision must be of new consfructian. No lots in this subdivr's/on will be sold until after domestic water is made available to said /ots or lot. The foregoing covenants and limitations of use are made for the protection of each of the lot owners in said'11I57'A GARDENS No. 4.• Shoubr any one or more than one of these covenants or limitations of use be breached by any lol owner or other person, then any one or more than one of the other owners of lots or property in said 'VISTA GAROENs N6.4" may enforce the Said covenants and /imitations of use in any manner provided by law far his own benefit or for the benefit of any or al/ other owners of /ots or Property in the subdivision. Executed of 5 Washington, this � '1 day of �; : r 1955. ACKNOWLEDGMENT STATE OF WASHINGTONI COUNTY OF SPOKANE / SS A�� \ I 664A5' CENTERLINE NPRY R/W /'� _ -5 89•OS'W-/66445'---- 7 �-MONTGOMERY- - AI/E. - `CENTER OF \ p/I i , SECTION Q W O°'\ l �rlfi•OB' 4' \\ / 765' 76.5' 76.5' 62.89' w n + u3 \ tip V�11 �/ - 6515 3 2 I 7996 45 - ,A36 6 _ _ - I I 76 5' 76.5. I 76. 5' 76 5' 70.64' O - 7 _ - - o- 11 I _ 8 I 9 10 II I 12 11 dl m - 137.0' 76.5' 76.5' 76.5' 765' 765' MAN.5F/ELD-- 5 99•°,' ' W 663,65AVE. - - -- - -- 4• On this t' day of - b, ,. .. - ,1955 before me personally appeared James H. Warehouse and Alpha H Warehouse, to me I I Known to be the identical persons who executed the within and foregoing Instrument and acknowledged the same to kku be their free and voluntary act and deed for the uses and purposes herein mentioned. C!) IN wITNESs WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. LQ Afy commission expires r* / ; d '�i % p'�I - m Notary Publ/a-'in and for the State of Washington a residing at Washington. 5 13 62.39' In w `y NE CORI, NW 1/4, SE 1/4,SEC 7 FOUND 3/4" PIPE 25' -7 f125'11 1�-1 NI cE I I I I 25T i*- ��000 I FOUND 3/4" PIPE 1 �e II 'I I . I j 20 11 30' 663 25.- ENGINEER'S CERTIFICATE N -SWNN° "SE.;a ` KNOX - D - - -A►/E- A _5E OOR,NE 1/4,NW 1/4,SE 1/4 608' FOUND SPIKE FOUND 3/4" PIPE IN CONC. _ _ -N 89°09 E 66325'- -----�------------------1 r---------r------i r- - /, Clarence E. Simpson, a licensed Civil Engineer and Land Surveyor, hereby certify that th/s plat represents a true and correct z5 zs' I 20' 1 20' copy of the official records and survey made by me and that the /of corners and monuments have been rat CIE !VALLEY II •/0N4L ES I I I I I 1� I +��• I I 1 I I .. , 11/ fr %hereby certify that the required taxes on the herein platted land have been paid. / Date 9F� 5 1935 (1-e Q..S�a ctla-ti-G By YT� -1. roi-eteL�(-GY Spokane County Treasurer Deputy Examined and Approved -- Date A)16 , s 11955 Spokane County Engineer / Exam/led and .4,oproved: `\ Date U1955 Spokand'Counfy Planning Commission By I Examined and Approved: �!. Dale /7a41l �i ,1955 j r S,00kane County Commissioners By a---6%y"r✓`/ ^Chairman '=r• 60.5' 765' 765' 765' 765' 765' 765' 62.30' 8 0 7 6 5 4 3 2 I 76.5' 76.5' 76.5' 76.5' 76.5 76.5' TO.05' 2 o- 9 10 II - 12 - 13 - 14 - 15 - 16 ' 655, i• 76.5' 765' 76.5' 76.5' 76. 5' 765' 71.11, • LATITUDES AND DEPARTURES Course Distance North South East West 5 89' 05'W 664.45 10.63 664.36 5 0' 06'E 657.20 657.20 1.15 - N89'09T 663.25 9.84 663.18 - NORTH 657.85 65'1.85 - TOTALS 2642.75 667.69 667.83 664.33 664.36 DIFFERENCE .14 .03 FINAL PLAT LEGEND V IS T A GARDENS NO A. • SET 1/2"%30" REINF. ROD o� SET 3/4" IRON PIPE ® FOUND MONUMENT AS SHOWN A SUBDIVISION IN THE NE 1/4 OF THE NW 1/4 -- SUBDIVISION BOUNDARY OF THE SE 1/4 OF SEC. 7, T°25 N.,R.44 E.,W.M. ---- WATER MAINS (SIZES AS SHOWNI SUBURBAN SPOKANE WATER GO. r' SPOKANE COUNTY, WASHINGTON (I >, 1 SCALE 1 50' CLARENCE E. SIMPSON JULY 1955 PROFESSIONAL ENGINEER KNOW ALL MEN BY THESE PRESENTS, that F. V. Seipp and Sylvia L. Seipp, husband and wife, have caused to be platted into Tracts the land shown hereon as Short Plat 483-247 and described as follows: Lot 1 of SYLVIA COURT ADDITION, as per plat thereof recorded in Volume 14 of Plats, page 38; Situate in the County of Spokane, State of Washington. No more than one dwelling structure shall be placed on any one lot, nor shall any lot be further subdivided for the purposes of creating additional lots or building sites without filing a replat. Individual driveway access permits are required prior to issuance of a building permit for driveway approaches to the County road system. Subject to specific application approval and issuance of permits by the Health Officer, each lot is authorized the use of an individual onsite sewage system. The public water system as approved by County and State health authorities and the local fire district and purveyor will be installed within this plat, and the subdivider will provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot. Use of private wells and water systems is: prohibited. The duplex structure for Tract A shall not be located closer than 58.70 feet from the front lot line. E� q CURVE A- R R. A - 27 000 '00 " N P R - 208 26 The Owner(s) or Successor(s) in interest agree to authorize the County to place their name(s) on a petition for the formation of a ULID by petition method pursuant to RCW 36.94 which the petition includes the Owner(s) property and further not to object by the signing of a protest petition against the formation of a ULID by resolution method pursuant to RCW Chapter 36.94 which includes the Owner(s) property. PROVIDED, this condition shall not prohibit the Owner(s) or Successor(s) from objection to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or resolution method under RCW Chapter 36.94. Each new dwelling unit shall be double plumbed for connection to future area -wide collection systems. IN WITNESS WHERE OF we have hereunto set our hand and affixed our seal this '9 day of tJjqlJc , 1984. Rt�HT Of F. V. Selitp �ia L. SeipPL. Seipp Found rz".eb.r T - 50. 00 a /cep i cos 0694 11 ` Z 5439 94 11 ,J 7 O T� I, 30.4¢ cek 47 19 �• /S.0/ 75.00 I 3D 91 ,� Zo ,S'89'S4i /5w✓YiRkMr / d=6f33�ZZ /a./B �R,6� 3.ib _N+ 75.00.00 COURT S 63*54 00 N spike 'f✓ Fn.,nd .rR SpiRe [_ 4 I MpNSfIE A.. ( ;ke NIP /,--------�\ I I I I L - - - - - - - - - - - i I I I I W es I I SCALE 1" - 50' I o I � I o I M I W� I h I to I � I I I I zs 25 I I SFevnd�/I"Pp� l LEGEND Scale 1' - 50' O = Set 1/2' Rebar Plastic Cap 1706 • - Found, as noted, The bearing of S 00'06'00' E for Bessie Road as per Sylvia Court Addition was used as the basis of bearing for this plat. SURVEYOR'S CERTIFICATE This map correctly represents a survey mad iin�, under my direction in conformance with the Supk bq Act at the request of F. V. Seipp. Charles E Si psgn- ACKNOWLEDGEMEW Tr.F STATE OF WASHINGTON)SS COUNTY OF SPOKANE) COUNTY ,,,A�Q�f R FILEn ,T".3E3 DMZ/9 L .:Eg! PAR 13 2 58 sy' WILL11;; I' P'3MA'IUE / IDI:t'; SPOKAH•' CCoutil"y,,WASH. G(PUTY v`+ /�w r COUNTY ENGINEER EXAMINED ANn APPROVED THIS Q DAY OF MN4Qrr r.}� 4 ,19 E_4 SPOKA COUNT GINEER COUNTY HEALTH OFFIC.EREXAMINED Af(D APPROVED THI,S� DAY OF MANC-_ — , 19U !-�"' LTH OFFICER COUNTY TREASURER I HEREBY CERTIFY THAT THE REQUIRED TAXES ON THE HEREON PLATTED L HAV BE FULLY PAID THI AY O *ET 1 4 SP K E COUNT TRA U R COUNTY PLANNING EXAMINED AND AP��D THIS Z3 DAY F /U 'I � S O T PLAT ADMINISTRATOR COUNTY ASSESSOR EXAMINED AND APPROVED THIS TLi DAY OF MRCN , 1964 Y O�fNTY UTILITIES rD SIFIpECTOREXAMINED AND APPROvEE HIISS�&ADAY OF SPOKANE COUNTY MI-ITIES-D—IRECTOR CLARENCE E. SIMPSON ENGINEERS N.909 ARGONNE ROAD SPOKANE, WASHINGTON On this 9:Lb day of .)an r , 1984, before me SPOKANE COUNTY personalI y appeared F. V. Seipp a d husband and w4€-e; as the individuals who executed the within and SHORT PLAT foregoing instrument and acknowledged the same to be their free and voluntary act and deed for the uses and purpose herein mentioned. 8 3— 2 4 7 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My commission expires �� Notary Public in nd for the State of Washington,residing at Spok,...ne_ , Washington SEC. 7 ,T.25 N,R.44 E.W. IWCE June 18, 2020 Whipple Consulting Engineers, Inc. W.O No. 2020-2659 City of Spokane Valley, City Council 10210 E. Sprague Ave. Spokane Valley, WA 99206 RE: Street Vacation of Bessie Rd and Montgomery Ave. Dear City Council, This letter will serve as the criteria evaluation by the Planning Commission for the Street Vacation of Bessie Rd and Mansfield Ave., per the City of Spokane Valley Street Vacation Application questions. Our discussion of the vacation can be seen below in bold. This streets being vacated are Bessie Road from Mansfield to Montgomery and Montgomery from Bessie Road to the east side of lot 3, block 1 of Vista Gardens No. 4 final plat. Properties adjacent to the vacations are parcel numbers 45074.0223, 45074.02194.0222, 45077.0002 and 45071.9089. This street vacation will provide the highest and best use for the properties in Vista Gardens No. 4 block 1. This vacation of approx. 0.54 acres will aid in the design of adjacent lots bringing unused ROW into real property and increase City tax base. See the roadway vacation exhibit for more details. 1. How does a change of use or vacation of the street/alley improve service to the public? These ROW's are undeveloped surplus land in the City, full of weedy and unkept land of no beneficial use. This ROW diminishes the adjacent properties enjoyment and value through the lack of maintenance. By allowing the vacation the City will reduce their service area of 0.54 acres of untended and weedy ROW for maintenance of streets, utilities and drainage benefitting the public and supplementing the City budget and limiting liability. 2. Is the street or alley no longer required for public use or public access? Explain. Upon vacation and development the subject street vacation is proposed because there will be no need for public access, utilities or drainage facilities for the adjacent lots. No lot will be land locked by this and will provide the highest and best use for said lots. 21 South Pines Rd. • Spokane Valley, WA 99206 A PO Box 1566 • Veradale, WA 99037 Phone 509-893-2617 • Fax 509-926-0227 • WhippleCE.com • Info@WhippleCE.com Civil, Structural, Traffic, Survey, Landscape Architecture and Entitlements 3. Would substitution of anew and/or different public right-of-way better serve the public? Explain. NO, the ROW being vacated is not in a location where another dedicatory process would be appropriate to serve the travelling public. 4. How will use or need for this right-of-way be affected by future conditions? Explain. Urban development in these lots is best satisfied with the vacation of the ROW and therefore no affect would be possible. 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)? At this time no facilities have been installed, therefore no easements are anticipated. 6. Does the right-of-way include stormwater drainage facilities (specify)? No, as an unimproved ROW none were ever constructed. Should you have any further questions regarding the project or this narrative, please call our office at(509)893-2617. Sincerely, SS,w oss, A.S.L.A. Whipple Consulting Engineers 1� Whipple Consulting Engineers, Inc. June 19,2020 W.O. No. 2019-2659 City of Spokane Valley Planning Department 10210 E Sprague Avenue Spokane Valley, WA 99206 Re: Bessie Rd and Montgomery Ave. Street Vacation Narrative Dear Connor, This letter is intended to serve as the project development narrative The project proposes to vacate the right of way on Bessie Rd north from Mansfield Ave to Montgomery Ave. and Montgomery Ave. east from Bessie Rd to the east side of Lot 3, Block 1 of Vista Gardens No 4 Final Plat, approximately 0.54 acres. The adjacent lots are lots 3-7 of Vista Gardens no.4 Block 1 Plat, lot 1 of SP 91-733 Argonne/Montgomery Storage, LLC, and Burlington Northern Santa Fe Railway parcel 45077.0002. The subject property is located in a portion of NW '/a Section 7, T 25 N., R 44 E., W.M. Burlington Northern Santa Fe Railway has declined to accept the Right of Way which would typically go to BNSF, see the attached email. Also see the Street Vacation exhibit 1 for more information. Sewer System Spokane County environmental services has no sewer lines or services located in this street vacation. Water System Spokane County Water District #3 has no water lines or services located in this street vacation. Power and Dry Utilities Avista, CenturyLink, and Comcast have no lines or services located in this street vacation. Stormwater There are no stormwater facilities located in this street vacation. If you have any questions or comments in regard to this letter please feel free to contact us at (509) 893- 2617. Sincerely, �r�c��GCEinvL-1�'t� /, `GIB Susan M. Moss, PLA, ASLA 21 South Pines Rd. • Spokane Valley, WA 99206 9 PO Box 1566 • Veradale, WA 99037 Phone 509-893-2617 • Fax 509-926-0227 • WhippleCE.com • Info@WhippleCE.com Civil, Structural, Traffic, Survey, Landscape Architecture and Entitlements Johanna Herzog From: Byus, Dave <Dave.Byus@avistacorp.com> Sent: Friday, June 12, 2020 12:32 PM To: Johanna Herzog Subject: RE: [External] 2659 Bessie and Montgomery Street Vacation Johanna, I don't think we have any issues with the proposed street vacation but I am waiting for a reply back from our Transmission Engineering department. I sent them another email a couple of minutes ago so hopefully I can get back to you shortly. Thanks Dave From: Johanna Herzog [mailto:jherzog@whipplece.comj Sent: Friday, June 5, 2020 3:48 PM To: Byus, Dave <Dave.Byus@avistacorp.com> Cc: Susan Moss <smoss@whipplece.com> Subject: [External] 2659 Bessie and Montgomery Street Vacation Hello Dave, I am reaching out in regards to a Street Vacation on N Bessie Road and E Montgomery Avenue. If you could please send comments or easement documents regarding this Street Vacation, that would be greatly appreciated. The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Let me know if you need our preliminary application if it was helpful last time. The project plan in conjunction with this street vacation is to subdivide parcel 45074.0223 into three lots. We are currently not far along and will coordinate with you further as the time comes and we prepare further plans and applications. Can you provide preliminary comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions. Thank you for your help. Hanna Herzog Civil Engineering Intern Whipple Consulting Engineers, Inc Phone:509.893.2617 I Fax:509,926.0227 1MCLE. Whipple Consulting Engineers 11 SeuU Pl ' ROW • SOo Vnnnr. WA "204 ILn USE CAUTION - EXTERNAL SENDER Do not click on links or open attachments that are not familiar. For questions or concerns, please e-mail phishing@avistacorp.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments 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: Byus, Dave <Dave.Byus@avistacorp.com> Sent: Monday, June 15, 2020 8:22 AM To: Johanna Herzog Subject: RE: [External] 2659 Bessie and Montgomery Street Vacation Hi Johanna, Transmission Engineering got back to me this morning regarding our transmission line currently in RR ROW north of the proposed road vacation. Avista currently does not have any utilities (gas or electric) installed within the proposed street vacation and as a result we have no comments or issues with the proposal. Please let me know if you need anything else. Thanks Dave Byus Real Estate Representative uWON INTA' PO Box 3727 MSC-25 Spokane, WA 99220 1411 E Mission Ave. MSC-25 Spokane, WA 99202 P 509.4952013 C 509.993.7852 hlto7lwwvv.avistautilities corn � art This email (including any attachments) may contain confidential and privileged information. and unauthorized disclosure or use is prohibited. It you are not an intended recipient, please notify the sender and delete this email from your system Thank you. From: Byus, Dave Sent: Friday, June 12, 2020 12:32 PM To: Johanna Herzog <jherzog@whipplece.com> Subject: RE: [External] 2659 Bessie and Montgomery Street Vacation Johanna, I don't think we have any issues with the proposed street vacation but I am waiting for a reply back from our Transmission Engineering department. I sent them another email a couple of minutes ago so hopefully I can get back to you shortly. Thanks Dave From: Johanna Herzog [mailto:iherzoe@whipplece.coml Sent: Friday, June 5, 2020 3:48 PM To: Byus, Dave <Dave.Bvus@avistacorp.com> Cc: Susan Moss <smoss@whipplece.com> Subject: [External] 2659 Bessie and Montgomery Street Vacation Hello Dave, I am reaching out in regards to a Street Vacation on N Bessie Road and E Montgomery Avenue. If you could please send comments or easement documents regarding this Street Vacation, that would be greatly appreciated. The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Let me know if you need our preliminary application if it was helpful last time. The project plan in conjunction with this street vacation is to subdivide parcel 45074.0223 into three lots. We are currently not far along and will coordinate with you further as the time comes and we prepare further plans and applications. Can you provide preliminary comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions. Thank you for your help. Hanna Herzog Civil Engineering Intern Whipple Consulting Engineers, Inc. Phone: 509.893.2617 1 Fax:509.926.0227 SW E Whipple Consulting Engineers 71 SOUM NMI Pw . Spokane Yofty. WA "Ms VOWP*Cf. Ca ■W USE CAUTION - EXTERNAL SENDER Do not click on links or open attachments that are not familiar. For questions or concerns, please e-mail phishinQ@avistacorp.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments 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: Depner, Colin <CDEPNER@spokanecounty.org> Sent: Monday, June 08, 2020 9:43 AM To: Johanna Herzog; Knudson, Chris Cc: Susan Moss Subject: RE: 2659 Bessie and Montgomery Street Vacation There is no public sewer within the proposed vacation area. Sewer connection requirements would not change for any of the involved properties, particularly for the following parcel numbers, which are required to connect upon development: • 45074.0222 • 45074.0221 • 45074.0220 • 45074.0219 Colin Depner Spokane County Environmental Services 1026 W. Broadway Ave. 4`h Floor Spokane, WA 99260 509-477-7282 cdepner@spokanecounty.ore Video Inspection Requests sewerTVrequests@spokanecounty.org Electronic Plan Submittal ESPlan Review@spokanecounty.ora From: Johanna Herzog [mailto:jherzog@whipplece.com] Sent: Friday, June 05, 2020 4:14 PM To: Depner, Colin <CDEPNER@spokanecounty.org>; Knudson, Chris <CKnudson@spokanecounty.org> Cc: Susan Moss <smoss@whipplece.com> Subject: 2659 Bessie and Montgomery Street Vacation Hello Colin and Chris, I am reaching out in regards to a Street Vacation on N Bessie Road and E Montgomery Avenue. If you could please send comments or easement documents regarding this Street Vacation, that would be greatly appreciated. The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Can you provide comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions. Thank you for your help. Hanna Herzog Civil Engineering Intern Whipple Consulting Engineers, Inc. Phone:509.893.2617 1 Fax:509.926.0227 IW E Whipple Consulting Engineers iL SOutn Pirc�� Pna .SPOY mt VN I, WA 4Jlp'e tLd0 Johanna Herzog From: Harvey, Traci <HarveyT@SpokaneValleyFire.com> Sent: Thursday, June 11, 2020 2:22 PM To: Johanna Herzog; Inspections Cc: Susan Moss Subject: RE: 2659 Bessie and Montgomery Street Vacation We would have no easement documents associated with a street vacation; our main concerns would be related to fire flow/hydrants and access for future development. All specific fire department requirements shall be conditioned on future commercial permits. SAVE A TREE SVFD accepts digital plan submittals. No paper needed! Thanks Traci Harvey Fire Protection Engineer Spokane Valley Fire Department 2120 N. Wilbur Spokane Valley, WA 99206 509-8924183 Work 509-892-4144 Fax From: Johanna Herzog [mailto:jherzog@whipplece.comj Sent: Friday, June 5, 2020 3:35 PM To: Inspections <Inspections@SpokaneValleyFire.com>; Harvey, Traci <HarveyT@SpokaneValleyFire.com> Cc: Susan Moss <smoss@whipplece.com> Subject; 2659 Bessie and Montgomery Street Vacation Hello Traci, I am reaching out in regards to a Street Vacation on N Bessie Road and E Montgomery Avenue. If you could please send comments or easement documents regarding this Street Vacation, that would be greatly appreciated. The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Can you provide comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions. Thank you for your help. Hanna Herzog Civil Engineering Intern Whipple Consulting Engineers, Inc. Phone:509.893.2617 1 Fax:509.926.0227 'WCEh :1 5omn P.nev r111i . ar. N•r•p{wGf corn 1 Johanna Herzog From: Fisher, Brent <Brent_Fisher@comcast.com> Sent: Monday, June 08, 2020 11:30 AM To: Johanna Herzog; Susan Moss Cc: Richardson, Bryan Subject: RE: 2659 Bessie and Montgomery Street Vacation Attachments: Bessie & Montgomery (Comcast).pdf Hanna, Comcast should have no objection to this proposed street vacation as it will have little to no impact our existing services. Our facilities are all aerial at this location and we are built on what appear to be primarily Avista poles. I've attached a pdf showing the three existing poles that we have services on in the immediate vicinity of this project. Thank you, Brent Fisher Comcast Spokane Construction Specialist 2 509-755-4804 brent fisher@comcast.com From: Richardson, Bryan <Bryan_Richardson@cable.comcast.com> Sent: Monday, June 8, 2020 7:24 AM To: Fisher, Brent<Brent_Fisher@cable.comcast.com> Subject: FW: 2659 Bessie and Montgomery Street Vacation This should be in your area and I would not take away the joy of you doing it. From: Johanna Herzog <jherzos@whipplece.com> Sent: Friday, June 5, 2020 4:13 PM To: Richardson, Bryan <Bryan Richardson@cable.comcast.com> Cc: Susan Moss <smoss@whipplece.com> Subject: [EXTERNAL) 2659 Bessie and Montgomery Street Vacation Hello Bryan, I am reaching out in regards to a Street Vacation on N Bessie Road and E Montgomery Avenue. If you could please send comments or easement documents regarding this Street Vacation, that would be greatly appreciated. The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Can you provide comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions. Thank you for your help. Hanna Herzog Civil Engineering Intern Whipple Consulting Engineers, Inc. Phone: 509.893.2617 j Fax: 509.926.0227 wcWhgineers 71 S0u1A N., Rona . SP*ka vaiM. WA "M whvpI CF con. L;w 13 o r r co r7 r o m 126 200' SARGENT RD N N � � r O 2321 r m N m w Q M � W n Z OD W O F m o M r � 00 W M W N C> C O W C O LL N r Z caV Y N 7 LO 07 U m W M (o N IS) Go LO Lo M U r� n m O ap U Y t o_ 'J h Ln m _N O d T _ 4 m ii 0 co N BESSIE RD 8421 8419 nn nnn Johanna Herzog From: Justin Van Dyke <jvandyke@scwd3.org> Sent: Tuesday, June 16, 2020 10:34 AM To: Johanna Herzog Subject: RE: 2659 Bessie and Montgomery Street Vacation - Checking in The only comments we have are Lots 2 through 6 will not be eligible for water service unless they have frontage along a water main. So by vacating the owner's ability to loop a waterline around the entire parcel may pose a concern for later water accessibility and development of those lots. Jason Van Dyke, Assistant Nboager SpollaneConoty Rater District 43 12.'.5 V. YardaeySt. Spokane Valley. WA 99212 Office: (509) 53b-0121 Fax: (509) 534-3760 Email: jvandyke@@acwdi.org From: Johanna Herzog (mailto:jherzog@whipplece.com] Sent: Tuesday, June 16, 2020 10:24 AM To: Justin Van Dyke <jvandyke@scwd3.org> Cc: Susan Moss <smoss@whipplece.com> Subject: 2659 Bessie and Montgomery Street Vacation - Checking in Hi Justin, I am checking in about a request for comments I sent out last week regarding a Street Vacation application for Bessie Rd and Montgomery Ave. If you could please send comments or easement documents that Water District 3 might have regarding this Street Vacation, that would be greatly appreciated. The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Can you provide comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions. Thanks for your help, Hanna Herzog Civil Engineering Intern Whipple Consulting Engineers, Inc. Phone:509.893.2617 1 Fax: 509.926.0227 Johanna Herzog From: Sent: To: Subject: Mark Welch Engineer II Welch, Mark <Mark.Welch@CenturyLink.com> Friday, June 19, 2020 10:34 AM Johanna Herzog Mansfield 904 N. Columbus St., Spokane, WA, 99202 tel: 509.835.4604 cell: 509.703.2705 mark.welch(a)centurylink.com �= CenturyLink- Tf BYTR9Q85C2 1 sign PP16JEC 5 IT R s C rpet 1T `e' Poe 'ox Ave E. _ TTTi�. S PROD : 20-2659 STREET VACATION DATE: 6/2/2020 VICINITY M A P DRAWN: SGP CE REVIEWED: TRW 8507 E MANSFIELD AVENUE SCALE: NTS SPOKANE VALLEY, WA WHIPPLE CONSULTING ENGINEERS EX- 1 PH: 509-893-2617 om /jz % ) 13; § _ ;, , 1- ® /A --(--CA\ ± -y cn- \3n: � § " \ , ` - > > e�!asw \ §( \ \ %§ » m w § in En \ �\ g �� 9 � / \ 2 z M] &j 2 (o I § > � ® In r m O§ > 9 \ \ —�— — ) �( § \ 2 \ 2 I m� d —\\--�— — — z > \ ->CAD\ = — \- —� — — } / / z ® § 2 \ m )cn !_;(: w a §\f!§ » \ //o0 SARGENT ROAD) % :§�§§ ^ §§®§§ -� , ! Z m Vacation of Bessie Road That portion of Bessie Road lying between the South right of way of Montgomery Avenue, and the North right of way of Mansfield Avenue. Vacation of Montgomery Avenue That portion of Montgomery avenue lying between the Westerly right of way of Bessie road and the East line of Lot 3, Block 1 of Vista Gardens No 4, as recorded in Book 4 of Plats, Page 28, Records of Spokane County, Washington. First American First American Title Insurance Company 40 E Spokane Falls Blvd Spokane, WA 99202 July 04, 2020 Johanna Herzog Whipple Consulting Engineers, LLC P.O. Box 1566 Veradale, WA 99037 Phone:(509)893-2617 Fax: (509)926-0227 Title Officer: Tiffany Ipock Phone: (509)835-8957 Fax No.: (866)537-9602 E-Mail: tipock@firstam.com Order Number: 3510272 Escrow Number: 3510272 Buyer: Owner: Property: 8507 E Mansfield Ave Spokane, Washington 99212 Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First. Projectr� RECENED AUG - 7 2020 COSY PERMIT CENTER SUB# —, REV.#= ,Form 5003353 (7-1-14) Page 1 of 9 Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4.10-75) Wachinmmn First American N''YY A —: SY Guarantee Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5003353-3510272 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES Whipple Consulting Engineers, LLC the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company Denrda J. Gawro. President Greg L Smith. Secretary This jacket was created electronically and constitutes an original document Form 5003353 (7-1-14) Page 2 of 9 (Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75) wachin,, SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, daims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential Invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not Include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, Interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole opbon and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses Incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all Form 5003353 (7-1-14) Page 3 of 9 Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75) Washington GUARANTEE CONDITIONS AND STIPULATIONS (Continued) S. 6. reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, In writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All Information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said Indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. S. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by Form 5003353 (7-1-14) Page 4 of 9 Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75) w.�hinrft� GUARANTEE CONDITIONS AND STIPULATIONS (Continued) any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro Canto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment an account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with Its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state In which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 13. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707 Claims.NIC@firstam.com Phone: 888-632- 1642 Fax:877-804-7606 RS A M E R y C, P First American Title Form 5003353 (7-1-14) Page 5 of 9 uarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75) Wachinotnn First American i. Isar Schedule A Order No.: 3510272 Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 3510272 Liability: $2000.00 Name of Assured: Whipple Consulting Engineers, LLC Date of Guarantee: June 25, 2020 The assurances referred to on the face page hereof are: 1. Title is vested in: Fee: $350.00 Tax:$31.15 DIAMOND ROCK FINANCIAL, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO A 90% INTEREST, AND TCF PROPERTIES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO A 10% INTEREST 2. That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, claims or title to water. C. Tax Deeds to the State of Washington. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. Form 5003353 (7-1-14) Page 6 of 9 (Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75) Washinamn iFirst American Schedule B Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 3510272 RECORD MATTERS General Taxes for the year 2020. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 45074.0223 1st Half Amount Billed: $ 1,727.66 Amount Paid: $ 1,727.66 Amount Due: $ 0.00 Assessed Land Value: $ 37,800.00 Assessed Improvement Value: $ 202,700.00 2nd Half Amount Billed: $ 1,727.67 Amount Paid: $ 0.00 Amount Due: $ 1,727.67 Assessed Land Value: $ 37,800.00 Assessed Improvement Value: $ 202,700.00 2. Municipal assessments, if any, levied by the City of Spokane. Said premises lie within the boundaries of Spokane Water District No. 3 and are subject to future assessments by said district. 4. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Steve Mcmullen as Trustee of The 8507 Mansfield Trust Grantee/Beneficiary: Diamond Rock Financial, LLC, A Washington Limited Liability Company, to A 90% Interest, and Tcf Properties, LLC, A Washington Limited Liability Company, as to A 10% Interest Trustee: Ford & Dalton, Ps Amount: $225,000.00 Dated: December 03, 2018 Recorded: December 06, 2018 Recording Information: 6766695 A notice of trustee's sale recorded March 16, 2020 as 6901852 of Official Records. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or encroachments, notes and/or provisions shown or disclosed by Short Plat or Plat Amended Final Plat Vista Gardens No. 4 recorded in Volume 4 of Plats PageJs) 37. Form 5003353 (7-1-14) IPage 7 of 9 Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75)', I Washinatnn 6. Easement, including terms and provisions contained therein: Recording Information: 882997B In Favor of: The Washington Water Power Company, a Washington corporation For: Electric transmission and/or distribution system 7. Easement, including terms and provisions contained therein: Recording Information: 6264407 In Favor of: Sprint Communications Company L.P., and Level 3 Communications, LLC For: Telecommunications easement Informational Notes, if any Form 5003353 (7-1-14) Page 8 of 9 Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75) Wachinntnn First American `i✓to-. Schedule C Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 3510272 The land in the County of Spokane, State of Washington, described as follows: LOT 7, BLOCK 1, AMENDED FINAL PLAT OF VISTA GARDENS NO. 4, ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 37, CITY OF SPOKANE VALLEY, IN SPOKANE COUNTY, WASHINGTON. Form 5003353 (7-1-14) ;Page 9 of 9 Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75) Washinatnn CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: October 8, 2020 Item: Check all that apply ❑ old business ® information FILE NUMBER: N/A ❑ new business ❑ public hearing ❑ study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2020-0005 - Administrative Report on Transportation Planning for the South Barker Corridor and related street standards DESCRIPTION OF PROPOSAL: N/A GOVERNING LEGISLATION: RCW 36.70A.070(6)(b); RCW 43.21C; RCW 82.02.050-.110; WAC 197-11; WAC 365-196-850; SVMC 22.20; SVMC 21.20. BACKGROUND: Staff will provide a cursory review of the adopted Street Standards' Chapter 3 —Traffic Analysis and how it impacts planning efforts at the City. Next, staff have identified the South Barker Road Corridor as an area experiencing a significant amount of new development. This has and will lead to continued degradation of levels of service for traffic movement on Barker Road and on connecting streets throughout the corridor. In 2019, staff contracted with a transportation engineering and planning firm, Fehr & Peers, to complete a comprehensive traffic study for the South Barker Corridor. Through this study, the City has identified various improvements needed to accommodate new development and the anticipated fair -share costs per trip for new development. Staff shared this study with City Council on February 18, 2020. City Council supported the study and requested staff to pursue fee collection in the South Barker Corridor area. Historically, the collection of fees associated with new development has provided various challenges. Currently, the two primary mechanisms for the City to impose mitigation requirements on new development are through concurrency (SVMC 22.20) and SEPA (SVMC 21.20). However, there are challenges with each, as both are limited to larger projects and impacts. Larger projects typically require in-depth traffic evaluations and are subject to interpretation and the end results often vary from one development to another. Alternatively, smaller developments (i.e. short plats) will incrementally contribute to the traffic impacts on the system, however, they do not meet the thresholds that require any financial contributions to offset those impacts. Thus, staff will also provide information on "impact fees" allowed pursuant to RCW 82.02.050-82.02.110. These are fees specifically allowed to address impacts from any new development and they may be imposed on all development within a designated area, such as the South Barker Corridor Study Area. Generally, impact fees are collected when a building permit application is submitted. This is different than fees collected through SEPA or concurrency, which are collected as part of the platting process. Also, impact fees help streamline the permitting process by providing a known fee that allows developers to plan with certainty. At this time, staff is providing information on this topic with the intention of pursuing further Planning Commission action regarding the consideration for traffic impact fees for the South Barker Corridor area by means of a future, council -adopted, impact fee ordinance. ACTION OR MOTION: None. Staff will bring forward additional information on 10/08/2020. STAFF CONTACT: John Hohman — Deputy City Manager, Bill Helbig — City Engineer, Erik Lamb — Deputy City Attorney, Jerremy Clark — Sr. Traffic Engineer ATTACHMENTS: PowerPoint Presentation RPCA Study Session (South Barker Corridor) Page 1 of 2 RPCA Study Session (South Barker Corridor) Page 2 of 2 Transportation Planning for the South Barker Corridor Mission Ave. to South City Limits October 8, 2020 John Hohman, Deputy City Manager �T10 Erik Lamb, Deputy City Attorney po Skane Bill Helbi CityEngineer jUalley g' g Jerremy Clark, Senior Traffic Engineer Agenda Transportation Planning Current Street Funding Collecting Traffic Mitigation Current Mechanisms: SEPA Traffic Concurrency Impact Fees South Barker Corridor 0 Spokane ..;,oOValley Spokane Transportation Planning — An Introduction jyalley° Growth Management Act RCW 36.70A Comprehensive Plan 2016 Legislative Update Ch 5 — Transportation 3 Complete cnapler Rcw p spoeRM1uarrE�wm�wNn oars®manv¢uoan¢a CNaptw 36.70A RCW GROWTHN GMENT�IANNING BY SELECTED COUNTIES AND CRIES S..S ]6 T0A010 lepYeWefilq¢pe. ]6 NA011 F-mti�g¢—RUM IanE¢. ]6NA.OM 1.1 Tk, ]6 MA0N I.m 3670A0]] I..,. Pudic Pa.oylon lMOce goncom.. ]610A0W Wlv m�rst plan Summeryalrpuirerm Street Standards Y December 2009 February 2018 Spokane Transportation Planning — An Introduction jvalley° Concurrency (SVMC 22.20) ❑TY OF SPO"n VALUY STREET STANDARDS Level of Service (LOS) Standards in Comprehensive Plan Spokane Valley Street Standards (Ch 3) Trip Generation & Distribution Letter Limited Traffic Impact Analysis Traffic Impact Analysis Timing and Cost to developer State Environmental Policy Act (SEPA) RCW 43.21C and WAC 197-11 SVMC 21.20 CHAPTER 3 —TRAFFIC ANALYSIS N OANI .O tucon ......-.............. . '^v,x+ rp Geneon Disibon fte, Applcbili......................... inimmEleu................... mnedTRclpnctAalysi_v"�s Aplcnbili.................. Scoe__....._.......... d.a +^ Mehodoloj. UiTIAARp-Mnm u u^�+r'a, t.npx a^""rt"' 41 Title Palle .�.^�.o1. 4,2 eeip....d �A'ra_+'*^ 41 PrmTelamer'a N..a�y'"o.��'. +" .4.4 Smmryofamagu re.uI BacBnd Pjeu.. Newe.,^+"ear�"w .4.5 ^.^.w �e •.ary ,4E OttAnYe. 4Findng jTsfficbmpwtAna1y%is—.-. aO�or"x1.+ r.,e4'uf+.".•`N"rq�`yanam•in"c-se".,r ........ Apd +`.`^utra„.'u• +� cl naa +'e x',.`^<.�.° uco,,eS 3,43 ae °e"e`ti',��*�M^.•.+�"w+�,^''e`��e°e+"n�."^u eg .A—pm3,41.2 144 .B. w°,uvN"`�`�.y'.i"'"� ~g PmDnpE �".^+N,',�..Ai.'M`w.+n•.e.,e 'e'Y®rtin". ry we 4cttP asa .4.6r 4,7 Other Ny.,. _ .�r Transportation Planning — An Introduction Focused Improvement Areas Northeast Industrial Area Mirabeau & North Pines South Barker Corridor Quantified Costs Offset Impacts of New Development Maintain Network LOS 5 Spokane ..;,oOValley re ON coal 11 F, oil ■■fi■J■ ■■r ■ I Current Street Preservation Funding Historical Annual Preservation Expenditures: Est. Cost to Maintain PCI Aver I Exnendi Average Annual Deficit $10 Mil is for Preservation Only $ 10,000,000 ($ 41000,000) Excludes Lane Widening, Intersection Operations, etc. Additional Funding Needed to Accommodate Growth How to mitigate for system growth? S00* pokan� jValley- 2011-2019 Average Annual PMP Expenditures by Fund ($6,125,793 Total) Grant & Fund Other Funds #303/311 $2,169,205 Expenditures 36% $2,836,351 46 Fund #101 Expenditures $1,120,237 18% Collecting Traffic Mitigation Traffic Concurrency Mitigation Imposed Pursuant to SEPA Both: Based upon proportionate share of the project at issue Requires detailed analysis of the specific project impacts May require studies by developers Results are unique to each project and may not be consistent with expectations of past projects. S00* pokan� jValley- Legend Permits i PROJECT COMPLETE • " "' IN REVIEW + _ •. DECISION ISSUE❑ ' • PENDING • • �' • CANCELLED ., Other v b "r. .Y 11 Historical City short plats and subdivisions in study area. Traffic Concurrency Mitigation only required if LOS drops below acceptable levels Practical Effect Impacts occur from ALL developments, but only the last developer who tips LOS over acceptable levels contributes to mitigation Mitigation can only be required based on the last development's proportionate share impact S00* pokan� jValley- Sri AVSMIS G_________- -- Co -^2 - a ' 'AW.1 RORDN FMS81 W ➢SPA6 0 ��Ob ei' HARISOx AV£x'U6 6 psis AT a BWCK z isoRDYR F.a90¢FFa UCteR, yl9Q kj �r I .ra AY£MI£ R ren AI � ]Mo —q }yp i 1®-6GiR� ��pp B f]M I•ryy...y�nry ..Y my I kx i�lA x AVEMl£ _� a —___ --_---H_- s r T f� p p • w �� i i aaA, sF t it .I I I ® ® II I ivy pp kz 4.4f. 0 ar 3 gyf� � l xr �;m.,,�••. no �resr F CdwtA� q.pYY..��ryry ppNI WMPNNNM �� WI rP..11OB.S��Mh x,[awf n+�MbJM pN MNTIG N.Y i ® lI •_� .e I, I I .. A n 111HT1 _, I l i ® --------L i ��i�ileleli rtmim ^•� p.rtexwvlu ,I SEPA Environmental review required on all projects unless exempt Allows City to address "probable significant adverse environmental impacts" on all non-exempt projects Traffic is considered to be an environmental impact under SEPA Cannot duplicate mitigation imposed by other regulations (e.g., concurrency) 9 S00* pokan� jValley- ZZV"1 114 rCQJI 9 arc 9„ F�a.n,,�'b'Cn U„a a� gpdM1 'bw 9J,G.py��f1V` 9 J,caMr 'p'*+a.v�"are arayV ti'tlw,�.y��w, .w� 9 hG 9A'Ml' Mrg,��Lw9l,[ b,ay.�r 9hC f.1 MAC.W .,ACa,1 tlr�., � •,,,`'moo'-•�•,, ,�,r� -.� a--•,,,� V„per y�tl4y ACZ MAC Zl Current Process Limitations Traffic Concurrency limited to designated corridors and areas identified in Comprehensive Plan SEPA and Traffic Concurrency Exemptions Over 10 Peak Hour Trips (Concurrency) All Short Plats Multifamily Dwelling up to 60 Units Commercial Buildings — up to 30,000 SF (gross) Designated Infill Areas Impacts still occur from exempt areas, especially with respect to traffic ILI b00* 6kan� jValley- Impact Fees Statutorily authorized mechanism to have development pay for its proportionate impact on services and infrastructure May be limited in application to an identified geographical area rather than City -Wide 11 Barker Road — Looking North at Sprague Avenue Spokane ..;,oOValley Impact Fees S00* pokan� jValley- Fees are established by adopted rate schedule for each development activity Must be based on formula or other calculation that considers Cost of facilities necessitated by new development Cost of existing facility improvements Adjustments to cost of facilities for past or future payments made or reasonably anticipated to be made by new development Availability of other public funding sources Method by which facilities improvements are financed 12 YY9 Barker Road — Looking South at Broadway Avenue Impact Fees Collecting Impact Fees: Generally, collected at time of building permit Note: Cannot be imposed for developments outside of City, so must still rely on SEPA or other jurisdiction review to impose and collect any applicable mitigation. 13 Spokane ..;,oOValley F Legend Eucld Ave Permits ISSUED CLOSED •� WARRANTY PENDING E' Fk�trtiQ r � , �}115s�nAvr FINALED r � , Y CANCELLED •' Other N 4 Q F %lkl %44'G �+ a lywa y Ave ♦iPC'� �` d (;jeenacres 7 1,• E 4th A� i Historical grading permits located in study area. South Barker Corridor Study Mission to South Limits Existing Conditions? Future (2040) Conditions? Area of Significant Development Level of Service degrading Recommend Mitigation Identify Fair Share Costs 14 0 .w, A. 4 ti Barker orridor _ L 17 ;r o i� �, e s Spokane �Valley �� r 1 _ .-. Z. 2 v �fa'k` 2 ip�P E Eud,d A. $ A N � Indiana A�: Liberty z s v �I Lake 9 z' D� EWnrry V'isl2� ��n � V 15 Level of Service Degradation Over Time Level of Service Project I C D E F Goodon Bad AM/PM Peak Hour Split Note from Imaaes: Boone and I-90 AM PM Improvements are WSDOT funded and assumed to be built by year 2040. Spokane �Valley Existing (2019) Year 2040 South Barker Corridor Study 7 Recommended Improvements — $18.8 Million A O1 Mission Avenue to Boone Avenue — $3.1 Million 5 Lane Urban Arterial Section O2 Interstate 90 Interchange/Bridge — WSDOT Funded O3Ike! Interstate 90 to Appleway Avenue — $6.5 Million 5 Lane Urban Arterial Section 0 Appleway to City Limits — $3.5 Million ti 3 Lane Urban Section O5 Sprague Avenue Single Lane Roundabout — $2.1 Million 4thAvenue Single Lane Roundabout — $2.0 Million I. FF 8thAvenue Single Lane Roundabout — $1.5 Million Kell k Impact Fee Development 7 Recommended Improvements — $18.8 Million Mission Avenue to Boone Avenue — $3.1 Million Interstate 90 Interchange/Bridge — WSDOT Funded Interstate 90 to Appleway Avenue — $6.5 Million Appleway to City Limits — $3.5 Million Sprague Avenue Single Lane Roundabout — $2.1 Million 4th Avenue Single Lane Roundabout — $2.0 Million 8th Avenue Single Lane Roundabout — $1.5 Million 17 Sp6kane ..;,oOValley STEPS OFuture Growth Existir $18.8 M © City Funds Non -City Funds 9 a Info. Item • S. Barker Road Corridor Study • Traffic Impact Fees SO Wo Study Public Session Hearing • S. Barker Rd. Traffic Impact Fees • Proposed code text amendments • SEPA Underway • Commerce Notice in Oct., Nov., Dec. • Public Hearing: • S. Barker Rd. Traffic Impact Fees 01(b 0 Findings of Fact • PC delivers findings on S. Barker Rd. Traffic Impact Fees �to Admin. Report Traffic Impact Fees • Proposed code text amendments • PC Findings 1410 Public Hearing • Public Hearing • S. Barker Rd. Traffic Impacts Fees M Fee Adoption • Consider adoption of S. Barker Rd. Traffic Impact Fees 19 Questions � J Kaiser ---- -� g z q S Barker C;orridc,r E Eudid Aw q � InA'�erreAr yy Y r betty .� Irr— zAll _ —E'CN'A Y '-w E 7A�e 1, �S fs c .. - 2th .13 E 12N Ai'e' li -�� r' E11-7 3` y j y �129�G E i2ntl Ab I South Barker Road Travel Shed - a �e Transportation Analysis Zones by Jurisdiction 0 Spokane Valley TAZs 4 0 Liberty Lake TAZs - Spokane County TAZs = -. R S00* pokan� jValley-