2021-10-14 Agenda PacketSpokane
,,;oOValley
Spokane Valley Planning Commission
Regular Meeting Agenda
City Hall Council Chambers, 10210 E. Sprague Ave.
October 14, 2021
NOTE: In response to Governor Inslee's March 24, 2020 Proclamation concerning the COVID-19
Emergency, which waives and suspends the requirement to hold in -person meetings and provides
options for the public to attend remotely, physical public attendance at Spokane Valley Planning
Commission meetings are suspended until the Governor's order has been rescinded or amended.
Public wishing to make comments need to email planning na.spokanevalley.org prior to 4:00 p.m.
the day of the meeting to speak during the comment period of the meeting. Comments can also be
emailed to planning nwspokanevalley.org and they will be read into the record or distributed to the
Commission members via email.
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1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES: September 23, 2021
5. COMMISSION REPORTS
6. ADMINISTRATIVE REPORT
7. PUBLIC COMMENT: On any subject which is not on the agenda.
8. COMMISSION BUSINESS:
a. Findings Of Fact: CTA-2020-0006 - PRD Code Text Amendment
b. Study Session: STV-202 1 -0001 — Street Vacation Of A Portion Of Appleway
Avenue
9. FOR THE GOOD OF THE ORDER
10. ADJOURNMENT
Meeting Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall
September 23, 2021
I. Planning Commission Chair Bob McKinley called the meeting to order at 6:13 p.m. The
meeting was delayed due to a technical glitch. The meeting was held remotely via ZOOM
meeting.
II. Administrative Assistant Taylor Dillard took attendance, and the following members and
staff were present:
Fred Beaulac, absent
Cary Driskell, City Attorney
Karl Granrath
Jenny Nickerson, Building Official
Walt Haneke
Lori Barlow, Senior Planner
Bob McKinley
Taylor Dillard, Administrative Assistant
Nancy Miller
Marianne Lemons, Administrative Assistant
Paul Rieckers, absent
Sherri Robinson, absent
There was consensus from the Planning Commissioners to excuse Commissioner
Robinson, Commissioner Rieckers, & Commissioner Beaulac.
III. AGENDA: Commissioner Haneke moved to approve the September 23, 2021 agenda as
presented. There was no discussion. The vote on the motion was four in favor, zero against
and the motion passed.
IV. MINUTES: Commissioner Haneke moved to approve the September 9, 2021 minutes as
presented. There was no discussion. The vote on the motion was four in favor, zero against
and the motion passed.
V. COMMISSION REPORTS: There were no Commission reports.
VI. ADMINISTRATIVE REPORT: There was no administrative report.
VII. PUBLIC COMMENT: There was no public comment.
VIII. COMMISSION BUSINESS:
a. Public Hearing: CTA-2020-0006: Planned Residential Development Code Text
Amendment
The public hearing was opened at 6:22 p.m.
Senior Planner Lori Barlow gave a staff presentation regarding the City -initiated code
text amendment to delete Chapter 19.50 of the Spokane Valley Municipal Code (SVMC)
09-23-2021 Planning Commission Minutes
Page 2 of 3
and prohibit Planned Residential Developments (PRD) in residential zones. She
explained that the PRD is a flexible development tool that provides flexibility in design,
preserves environmental amenities, preserves open space, preserves natural
characteristics, and encourages a variety of housing types. Planned Residential
Developments are currently allowed in all the residential zones and allow development
standards of the underlying zoning to be relaxed for better site design, land use
relationships, and conservation of natural resources.
Ms. Barlow explained that City Council adopted an ordinance establishing a one-year
moratorium on the submission, acceptance, processing, modification, and approval of
PRD's. The moratorium was passed on November 24, 2020 and will expire on
November 24, 2021. The reason for the moratorium was due to community concerns that
the range of housing allowed within the PRD regulations is inconsistent and incompatible
with surrounding existing uses in single-family zoning districts.
Ms. Barlow stated that the adoption of CPA-2020-0007 (Ordinance 20-0008 & 20-0009,
effective September 23, 2020) was also a contributing factor to the moratorium of PRD's.
The adoption of the Comprehensive Plan Amendment added additional housing policies
to the SVMC that helped address community concerns about the influx of duplex
developments and provided areas within the City for denser housing options that are
supported by transit and services (the creation of the R-4 zoning district). It also helped
to preserve and enhance the City's established single-family neighborhoods by
minimizing the impacts of more dense housing typologies such as duplexes and cottage
developments.
Ms. Barlow outlined that staff conducted a review of the Comprehensive Plan goals and
policies. During this review it was found that PRDs are not consistent with four of the
goals and policies outlined in the comprehensive plan.
Ms. Barlow outlined the staff conclusions:
• The current PRD regulations are inconsistent with several Comprehensive Plan
goals and policies
• Sites meeting size criteria are predominantly located in the R-3 zone.
• Approximately half of those sites are impacted by critical areas.
• CPA-2020-0007 addressed community concerns regarding incompatible housing
and density issues in the R-3 zone.
• Current PRD regulations allow for incompatible land uses in the residential zones.
• The City has numerous alternative housing options that allow a variety of housing
types.
• Critical areas present a unique challenge to development.
Ms. Barlow stated that staff recommends eliminating the PRD regulations and code
references. The proposed change will eliminate SVMC Chapter 19.50 and make changes
to other chapters within the code that reference PRD's so that the Comprehensive Plan is
consistent throughout.
The Public Hearing was closed at 6:48 p.m. Commissioner Rieckers joined the meeting
at 6:49 p.m.
09-23-2021 Planning Commission Minutes
Page 3 of 3
Commissioner Miller asked if staff is going to continue to evaluate the need for PRD
regulations as they relate to critical areas. Ms. Barlow stated that the current proposal is
to delete the chapter in the Comprehensive Plan regarding PRD's. However, staff will
continue to review if there is a need for development criteria that addresses critical areas.
Any additional regulations would be brought back to the Planning Commission for
review and approval.
Commissioner Granrath and Commissioner Haneke expressed that they are in support of
deleting the chapter from the code, but they would like staff to continue to research
options for the development of properties that have critical areas.
Commissioner Miller moved to recommend that City Council approve CTA-2020-0006 as
presented. There was no discussion. The vote on the motion was four in favor, zero
against and the motion passed. Commissioner Rieckers abstained from voting because
he was not in attendance during the presentation.
This item will return for findings of fact on October 14, 2021.
IX. GOOD OF THE ORDER: Commissioner McKinley said that there will not be any
meetings held during the month of November due to holidays. Staff will be presenting a
street vacation for discussion and public hearing during the month of October and the
Findings of Fact will be held at the first meeting in December. However, if any issues arise
with the street vacation, a special meeting could be called during November to discuss the
project further.
X. ADJOURNMENT: Commissioner Haneke moved to adjourn the meeting at 7: OS p.m. The
vote on the motion was five in favor, zero against, and the motion passed.
Bob McKinley, Chair Date Signed
Marianne Lemons, Secretary
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: October 14, 2021
Item: Check all that apply ❑ old business ® new business ❑ public hearing
❑ information ❑ study session ❑ pending legislation
AGENDA ITEM TITLE: CTA-2020-0006 — PRD Code Text Amendment — Findings and Recommendation
DESCRIPTION OF PROPOSAL: City initiated code text amendment to delete Chapter 19.50 of the Spokane Valley
Municipal Code (SVMC) and prohibit Planned Residential Developments (PRD) in residential zones
GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040 and RCW 36.70A.106
BACKGROUND: On November 171h, in response to citizen complaints Council directed staff to review Chapter 19.50,
SVMC to ensure that the PRD regulations were consistent with the intent of CPA-2020-0007 and identify any "loopholes".
On November 24, 2020 Council adopted Ordinance 20-028 establishing a one-year moratorium on submission, acceptance,
processing, modification, and approval of PRDs. The moratorium will expire on November 23, 2021.
Staff conducted a review of PRD regulations in adjacent jurisdictions and compared various elements including land uses,
density, density bonuses, minimum site size and open space requirements. The current regulations were also evaluated for
consistency with the Comprehensive Plan Goals and Policies. Additional research included a review of vacant and partially
developed properties meeting the 5-acre minimum site requirement to identify the extent the city could be impacted by such
developments. This analysis identified the number of potential properties and associated zoning of the properties. The
review also considered if the sites meeting the criteria were impacted by critical areas. The analysis highlighted that the
PRD regulations allowed incompatible land uses in predominantly single-family residential neighborhoods which is
inconsistent with several goals and policies of the Comprehensive Plan and specifically contrary to those policies and goals
adopted by CPA-2020-0007 which were intended to protect the single-family residential character of the R-3 zone. As a
result, the City initiated a code text amendment to eliminate Chapter 19.50 SVMC thereby prohibiting PRDs.
On September 9, 2021 the Planning Commission (Commission) conducted a study session. On September 23, 2021 the
Commission conducted a public hearing. Following public comment, the public testimony portion of the hearing was
closed. The Commission deliberated and voted 4-0 to recommend to the City Council that CTA-2020-0006 be approved as
presented. Five Commissioners were present at time of voting, but one Commissioner was not present during the public
hearing and therefore did not participate in the vote.
RECOMMENDED ACTION OR MOTION: Approve the Commission's Findings and Recommendation for CTA-2020-
0006 or provide staff with further direction.
An example motion for approval of the proposed amendment is, "I move approve the Findings and Recommendations for
CTA-2020-0006."
STAFF CONTACT: Lori Barlow, Senior Planner
ATTACHMENTS:
1. Findings and Recommendation
2. Draft language for CTA 2020-0006
RPCA Public FOF for CTA- 2020-0006 Page 1 of 1
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
CTA-2020-0006 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-2020-0006 is a City -initiated text amendment to delete Chapter 19.50 of the Spokane Valley
Municipal Code (SVMC) and prohibit Planned Residential Developments (PRD) in residential zones
and other related housekeeping items that include striking PRD references in SVMC 19.40.100.A,
19.70.020, SVMC 17.80.030.A, 17.80.170.C, 18.20.030 and Appendix A.
3. The Planning Commission held a properly noticed public hearing and conducted deliberations on
September 23, 2021. The Commissioners voted 4-0 to recommend that the City Council adopt the
amendment. Five Commissioners were present, but one Commissioner was not present during the
public hearing and therefore did not participate in the vote.
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-G I Maintain and enhance character and quality of life in Spokane Valley.
LU-P5 Ensure the compatibility between adjacent residential and commercial or industrial uses.
LU-P7 Protect residential neighborhoods from incompatible land uses and adverse impacts associated
with transportation corridors.
H-P6 Preserve and enhance the city's established single-family neighborhoods by minimizing the
impacts of more dense housing typologies such as duplexes and cottage development
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 proposed amendment bears substantial relation to public health, safety,
welfare and protection of the environment. Allowing incompatible housing types to locate in
residential zones where the use would not otherwise be allowed has an adverse impact on the
adjacent properties and is out of character with the scale, form and function of low density
Findings and Recommendations of the Spokane Valley Planning Commission CTA-2020-0006 Page I of 2
residential neighborhoods; eliminating the PRD regulations as they allow incompatible uses
in residential zones is consistent with the Comprehensive Plan and protects the interests of
surrounding properties; The proposed amendment recognizes that SVMC provides for
alternative housing options necessary to meet the wide spread housing needs of the
community in a manner consistent with the character and intent of the implementing zoning
district.
Conclusion:
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-2020-
0006 as proposed.
Attachment:
Exhibit 1 — Proposed Amendment CTA-2020-0006
Approved this 14th day of October 2021
Planning Commission Chairman
ATTEST
Marianne Lemons, Office Assistant
Findings and Recommendations of the Spokane Valley Planning Commission CTA-2020-0006 Page 2 of2
DRAFT
CTA-2020-0006
--
!9.50.010
Pu
f'ose.
flexibility in
design-FeateF
G. Create
er preseFN,e
usable
open space
fOF the
the
enjeyment
of the
residents;
of the
land ineluding,
but net limited to,
D. Preserve,
topep
Eneoum-
te
fiatuFal
ge develepment
the J
of a vaFietyhousing
and
of
natm-al
>
types;
eharaeteFistics
19cn rnn
Mu►
..ems:+.,,
(Att. B)
1 ._ n.03
2016\
Permitted
uses.
in
PRD;
that
they
meet
the standards
and
•
oFiteFia established in Chapte
followingThe
Ak. These
Pt. Residential
uses
uses peFfflitted
developments
are
pei-mitted
as a matter
ef all types
a provided,
of
Fight
as defined
by
0zoning
GhapteF
19.50
distFi
SNfN4C;
ot
f 10 acFes
or i
(Ord.
16 018 c
6 (Att. u)
2016)
A. SVN4G Title 19, Zoning Regulations. The provisions of Ghaptei- 19.50 SVN4C= putaining to land use of the
!at size,
-it limits,
undeFlying D diStFiet shall bEwern the use of land in a PRD. The speeifie setback,-b ---- --
Draft CTA-2020-0006 Page 1
.►.
G. Chapter 17.80 SNIN4G. Permit J .
hearing A PRD is a Type H! permit type and shall require a publie
examiner eansistent with the
befeteJ 80 .
B), 20 16).
19.50 50 Development st....dai-.1...
followingThe
StandardS Shall JGVeM the administFation of Ghapter•
•1
•
► •
B. Site AeFeage
Minimum Lot
Minimum. The
Size. The minimum
mininitim site shall
lot
be five aeres.
3f other
seetions ef the
SNIN4C do not apply in a PRI).
D. Density. The
hearingG.
herize
dwelling,
a unit
to •-percentJ
Feater than that pemiiRed
by the underlying,
zone, Fewided
t
whole nuii+ber,
Maximum Goverage.
Lot
shall
the
the y .
.
Je not
exeeed pereentagge
ermitted
LandscapingF. All e9niff101i
ll
J
submitted by the applic-ant and appFON'ed by the J examiner. .
pFesem,ed, such as reek
J J J
existing1. Setbac-lis 4em the extei-ior boundai�y line ef the PRD area shall be eempai-able to OF eampatible with these ef-
development of aElJaeent pFePL'14ieS, eF, if adjaeent pFopei4ies are undeveloped, the type of
development 1 1 hl 4 t d suo{the J J Y Y given existing zoning.
H. Off street J shall be provided in aeeordanoe with 22.50 Off Street Parking and Loading
c t.,.,,1.. Fd
s.
2. The J
the -
number.. f dwe117..,. , nits . Athin the d
va u.. a.nr ,Jdevelopment;
J
building
permits for the e0fiStRiCtiOn ofeemnieFeial uses, except this shall not prohibi a sales offiee. (or-d_
16 014 R 6 (Att. R)20161
Draft CTA-2020-0006 Page 2
r•
rr •
ro. • • •I • •
PRP
dwellingunits within
the shalllegal
J
J
J aphie feawFes.
Aetive FeffeaIienal
open spaee
aFeas shall have reasonable
1 r ♦ f•
J
1. Land dedieated for open space shall be usable for either JFeenbelts that SeFs,e as a buffer between land uses,
using existingvegetation,
pFeteeting
tOpE),-,Faphy,
soils,hydrology,
of the active reereation aFea shall PFEA'ide a dt�,, obstaele free space
nt.. FeEFeat.
in a
J
3. The J J
h as 5 pereent if it is deteniiined that
JeF J in J the J r following
standmd
Sjisc1r1 he- -HsA—�tile -rurxv-vC- one -aCF2ztvr125-irsra c-rtn' mI-units.
4. The PeFeentage of aetive reereational area may be decreased to as low as 15 pereent if it is detennined that,
J J J J oF other disturbance ef the natuFal seaiogg.
i. Aecessery buildings and areas resef-ved foF the exclusive use and benefit of an individual tenant er ewneF;
er
_. J parking private Fesidential loading J
+jvuck a eas-z
J natUFal J or .
open space area is in the publie iiitei,est and eomplies with at ieast one of the fellewing�
is , ante. than 10
acres;
a.
J >
1 t
bed),
,•
antethan three
f
affeS _iR OFd-
e. an aceess a
Is r;t: el
o water gn
Draft CTA-2020-0006 Page 3
F. improvements. The impi-oveffients to the open space area may be Fequired pFief te final approval of the
PRDi
2. Reug
gh gi-ading and establishment of grass eoveF ever these poi4ioas of the s4e suitable fer .
G. Equivalent Facilities. When pi-eposed -pen
SNIMG, sueh land may be improved by
space are----
landscaping,
do not meet the
criteria for
installation
dedication in GhapteF 19.50
grading,filling,
or with
of recreation e
te be equival@nt in result to the intent of
Chapter 19.50
SVMG. The eity
manageras
�
the PF .roal equivalent based ♦1 following,
h
�'d 1'
1. The PFE)pE)sed land and impFavements shall create reffeatienal oppoi4unities generally equivalent to OF
greater than the land s a F the residents withinthe non d
-2. The proposed land and improvements shall Hot Significantly distuFb or alter a critical area, unle-srs A-therviise-
allowed by the City.
14. StOffllwatei- Facilities. SteFmwatei- facilities may be allowed by the Gity as open space subject tE) the 5
an aesthetic
2.existing,
n
ility ll
`facility
is designed as -
atata.7•
verare
3. if
the ston:nwatff facilities aFe leeated aE�aeent
natuFal,
to
and
systems
4. The
shall be left in natural OF near r I
stermwatff facilities shall be landscaped
OF neaF a natWal, )'eaF FOLInd stream OF Wetland,
-.J't' -
in is both
these
inundation
5. The
expected;
storrnwatu facility shall not be fenced or
a manneF which aesthetic and able to
withstand the
d. sina
J ., weather; and
oilier-wiSe Fendered unsuitabie OF unavailable for
reei-eatien usc-
association
-shall be .• '1.1 F r
r r
he.-
Fth r r F )'1'r'
�� R�-rrarrr.T
--.-
Rights1.
Duties. The owneFS Of Open space shall have the f6liewing, Fights
covenants er rler t • t.
The rig
ght to
locate recreational facilities, such
swimming1.
as tennis eoui4s, peois,
picnic tables,
and fireplaces --
(accessory te
picnic tables) feF the exclusive Use
Of FeSideRtS of the PRD and their
guests,
2. The rightpaths;
bridle
and
3. The right te
PFOteet and maintain the eommen
space area or to eerreet a liazaFdous
condition
posing, threat -
to life or lln-rrb-
right4. The
regulate
16 018 § 6 (Att.$),?01
ty
, _ •
19.50.070 AdmiRiStFfltiOR.
A. Building and ether
Fequired for the develepment
peFfnitS
permits
of pFE)peFt)'
wider the pFevisions of Chapter
19.50 SNIMC shall be issued only
when, in the epinion of the
city beF or
designee,
meets the requirements of the
final plan and elements
of h PRD
Draft CTA-2020-0006 Page 4
be
by the
1. Minor adjustments may made alld
appFoved eity
5designee
siting
ef buildings,
but whieli-
the deN,elopment, nor the epen
buildings
ints. Sueh dimeiisional
adjustments
shall not
varY more than 10
pefeont tf•em the ri�� e .,I emu..
designee,
_.manager
5
oF designee,
ha „st:t..tes
.,
hearing
adjustment.
•!MM men r9m-
r\
1 1 •
1 1 1 • 1
- 1
1 1 1 • 1
r\
•
1 •
1
Draft CTA-2020-0006 Page 5
19.40.100 Development standards — Townhouses.
A. In zero lot line developments zero setbacks along one side
are allowed, provided a two -foot maintenance easement is recorded as part of the subdivision plan.
B. Townhouses located on individual lots shall meet minimum rear, front, and side yard requirements (where
applicable), minimum area requirements, maximum lot coverage, and building height requirements shown in Table
19.70-1. Townhouses are subject to the following requirements:
1. No more than six dwelling units shall be attached in one continuous row or group;
2. Townhouse unit shall not be constructed above another townhouse unit;
3. There shall be a side yard on each side of a contiguous row or group of dwellings of not less than six feet;
4. Townhouses included in a condominium development may limit the lot to the building footprint; provided, that
the yard area shared in common with all units is equivalent in area to the yard required by the underlying zone. (Ord.
16-018 § 6 (Att. B), 2016).
Draft CTA-2020-0006 Page 6
19.70.020 Residential standards.
Residential development shall meet the standards shown in Table 19.70-1. Standards for alternative residential
development are set forth in Chapter 19.40 SVMC, Alternative Residential Development Options, and standards r ~
planned resideniial developments aFe Set fei4h in Ghapt@F !9.50 SVIMG. Planned Residential Develepmenis
Table 19.70-1 — Residential Standards
R-1
R-2
R-3
R-4
MFR(1)
Front and Flanking Street Yard
Setback
35'
15,
15'
15'
15'
Garage Setback(2)
35'
20'
20'
20'
20'
Rear Yard Setback
20'
20'
10'
10'
10'
Minimum
Side Yard Setback
5'
5'
S'
5'
5'
Open Space
N/A
N/A
N/A
N/A
10% gross
area(3)
Lot Size
40,000 sq.
ft.
10,000 sq.
ft.
5,000 sq.
ft.(6)
4,300 sq.
ft.
N/A(4)
Lot Coverage
30.0%
50.0%
50.0%
60.0%
60.0%
Maximum
Density
1 du/ac
4 du/ac
8 du/ac
10 du/ac
22 du/ac
Building Height(5)
35'
35'
35'
35'
50'
(1)
Where MFR abuts R-1, R-2, R-3, or R-4 zones, development shall comply with the provisions of Chapter
19.75 SVMC, Transitional Regulations.
(2)
Attached garages, where the garage door does not face the street, may have the same setback as the
primary structure.
(3)
Open space requirement does not apply to single-family development in the MFR zone.
(4)
Single-family residential development in the MFR zone shall have a minimum lot size of 2,000 square
feet per dwelling unit. Only one single-family dwelling shall be allowed per lot.
(5)
The vertical distance from the average finished grade to the average height of the highest roof surface.
(6)
Duplex development in the R-3 zone shall have a minimum lot size of 14,500 square feet.
Draft CTA-2020-0006 Page 7
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
SVMC
Cross -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
Type I
Grading permits
24.50
Nome business permit
19.65.180
Shoreline letter of exemption
21.50
Record of survey to establish lots within a binding site plan
20.60.030
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 — preliminary and final short subdivisions and preliminary and final
binding site plans (where there is no alteration of a public dedication)
20.60
Binding site plan — preliminary and final
20.50
Minor alterations — preliminary subdivisions
20.50
SEPA threshold determination
2 1.20.060
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 vacation of an
area designated or dedicated for public use
20.70
Wireless communication facilities
22.120
Type
Alterations — final subdivisions (where a public hearing is requested)
20.50
III
Alterations — preliminary and final short subdivisions and preliminary and final
20.60
Draft CTA-2020-0006 Page 8
rr 1,1 1'7 Qn_1 P-4 T.,.,o anti 1 anrd i1QP Annliratinn
Type
Land Use and Development Application
SVMC
Cross -Reference
binding site plans (where there is alteration of a public dedication)
Conditional use permits
19.150
Subdivisions — preliminary
20.30
Substantial alterations — preliminary subdivisions
20.50
Vacation — subdivision; short subdivisions and binding site plans where there is
vacation of an area designated or dedicated for public use
20.70
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
Draft CTA-2020-0006 Page 9
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;
9. Shoreline variance;
10. Shoreline letter of exemption;
11. Short subdivision;
12. Conditional use permit;
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:
Draft CTA-2020-0006 Page 10
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 (Att. B), 2016).
Draft CTA-2020-0006 Page 11
1 18.20.030 Powers and duties.
A. The hearing examiner shall be under the administrative supervision of the city manager.
B. The hearing examiner shall have the following powers and duties:
1. Annually provide a written report to the city manager or designee and city council that states the number
and type of hearings conducted and decisions issued during the past year, the outcome of such decisions,
recommendations for improving the hearing examiner system, and pertinent observations and
recommendations regarding land use policies and development regulations.
2. Upon request, meet with the city manager or designee or city council to discuss the written report.
3. Receive and examine available information, make site visits, take official notice of matters, conduct public
hearings, prepare a record thereof, and enter findings, decisions or recommendations.
4. As a part of the conduct of public hearings, the hearing examiner shall have the authority to:
a. Conduct pre -hearing conferences;
b. Require the submittal of information;
c. Schedule and continue hearings;
d. Rule on all evidentiary and procedural matters, including motions and objections appropriate to the
proceedings;
e. Receive evidence and cause preparation of the record;
f. Regulate the course of hearings and the conduct of the parties and their agents;
g. Maintain order during the hearing process;
h. Render decisions and issue written findings and conclusions;
i. Include in a decision the conditions of approval necessary to ensure that the application complies with
the applicable criteria for its approval; and
j. Revoke any approval for failure to comply with the conditions imposed by the hearing examiner
where specifically authorized by the UDC or state law.
The hearing examiner shall hear the following matters:
a. Variances;
b. Conditional use permits;
c. Special use permits;
d. Shoreline letter of exemption appeals;
e. Preliminary plats;
f. Appeals from any administrative decision of the department of community development or the
building official in the administration or enforcement of the Spokane Valley Uniform Development
Code or other land use code or regulation;
g. Appeals on State Environmental Policy Act (SEPA) determinations;
h. Site -specific zone changes of property, including any environmental determination (under SEPA);_
i. Planned unit developments, itieluding any enviranniental determination (under SEPA); and
j. Any other applications or appeals that the city council may refer by motion or ordinance, specifically
declaring that the decision of the hearing examiner can be appealed to the city council.
6. All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in
Appendix B.
7. Appeals of any decision of the hearing examiner shall be as is set forth in Chapter 17.90 SVMC
Draft CTA-2020-0006 Page 12
APPENDIX
DEFINITIONS
Planned i-esidentifil development (PRD)! A FeSidential deN,eleprnent pi:E�eet meeting the requirements of
J
dist
Project permit: Any land use or environmental permit or license required for development or construction
including, but not limited to, building permits, short plats, subdivisions, binding site plans, planned unit
developments, conditional uses, variances, shoreline permits, site plan review, permits, or approvals required by
Chapter 21.40 SVMC, Critical Areas, site -specific zone reclassifications, manufactured home parks, and change of
condition request.
Draft CTA-2020-0006 Page 13
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: October 14, 2021
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
❑ information ® study session ❑ pending legislation
FILE NUMBER: STV-2021-0001
AGENDA ITEM TITLE: Study session — street vacation of a portion of Appleway Avenue.
DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate 7,584
square feet of improved right-of-way on the south side of Appleway Avenue, located adjacent to
parcels 45201.0513 and 45202.0813.
GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; RCW
35A.47.020 and RCW 35.79
BACKGROUND: On August 31, 2021 the City received a complete street vacation application
from the owner, Derek Apartments, LLC, to vacate 32 feet by 237 feet of right-of-way along the
south side of Appleway Avenue. The right-of-way proposed to be vacated is located
approximately 526 feet east of the intersection of Appleway Avenue and Farr Road, adjacent to
parcels 45201.0513 and 45202.0813.
The Appleway Stormwater Improvement construction project, a city project, is currently under
construction. During the design and review phase, it was determined that the City does not need
the 32 feet by 237 feet of right-of-way. However, it was determined that 4,510 square feet of
additional right-of-way was needed along the frontage of adjacent parcels 45201.0522,
45201.0516, and 45201.0518, that are also owned by Derek Apartments, LLC. Derek
Apartments is dedicating the 4,510 square feet of property to the City for the improvement
project.
The property owner is making the request for the following reasons:
I. No change will occur on the unimproved right-of-way, nor diminish the current street
structure.
2. The area proposed to be vacated is excess right-of-way that was preserved for storm
drainage or other improvements no longer needed per the current stormwater construction
project along Appleway Avenue.
3. The area is outside of useable right-of-way.
On September 28, 2021 the City Council passed Resolution 21-007 to set a public hearing date
with the Planning Commission on October 28, 2021. The street vacation process is prescribed in
22.140 SVMC and conducted following the City's process of presenting three times each to
Planning Commission and City Council. Staff will discuss the project and the process at the
October 141h meeting.
RPCA Study Session for STV-202 1 -0001 Pagel of2
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
28, 2021.
STAFF CONTACT: Karen Kendall, Planner
ATTACHMENTS:
1. Application material
2. PowerPoint presentation
RPCA Study Session for STV-202 1 -0001 Page 2 of2
Attachment 1
Spokane
,..;ooOValley .
STAFF USE ONLY
STREET VACATION APPLICATION Project 6JLZh7-2- oO
sv�Ic aa.I-lo RECLINED
1010 E Sprague Avenue ♦ Spokane Vallex WA 99206
Phone: (509) 720-5240 ♦ Fax: (509) 720- 6b 0 `I a•poka %-aIle%.oma
SUB #= Zr-\J 4,
Date Submitted: Received by: Fee:
PLUS #: File #:
PART I — REQUIRED MATERIAL
"THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED"
❑ Completed Application Form
❑ Application Fee
❑ Notice of Application Packet (17.80.110) — Adjacent Property(ies)
❑ Written Narrative — A written narrative describing the reasons for the proposed street vacation, the
physical limits of the proposed street vacation and the public benefit of the proposed street vacation.
❑ Written Correspondence from Utility Purveyors
X Telephone X Cable X Electric Other (Specify)_
X Water District X Fire District _Gas Utility X Sewer Utility
❑ Vicinity Map — Submit a map showing the general area of the proposed vacation
❑ Record of Survey, if available, for the subject street and/or alley proposed for vacation, and abutting
properties, streets and alleys within 100 feet on all sides of the proposed vacation.
❑ Written Evidence of all easements, allowances or reservations, if available, pertaining to the street
and/or alley proposed for vacation.
PART II — APPLICATION INFORMATION
APPLICANT NAME: Todd R. Whipple, P.E., Whipple Consulting Engineers --------
MAILING ADDRESS: 21 S. Pines Road
CITY: Spokane Valley
STATE: WA 1
ZIP: 99206
PHONE: 509.893.2617
FAX: —:�ECELL:
EMAIL: toddw@whipplece.com
PROPERTY OWNER NO. 1: Derek Apartments, LLC.
MAILING ADDRESS: 2602 N. Sullivan Rd.
CITY: Spokane Val
STATE: WA I ZIP: 99216
PL-15 V1.0 Page 1 of
S""ok -$t
P valley
STREET VACATION APPLICATION
PHONE: =F=CELL: EMAIL:
PROPERTY OWNER NO. 2:
MAILING ADDRESS:
CITY:
STATE:
ZIP:
PHONE:
FAX:
CELL:
EMAIL:
irmore tnan two tzl aouttrng property owners. include intormation and wntten authorization on a separate
sheet of paper for each.
NAME OF STREET/ALLEY TO BE VACATED: E. A pleway Boulevard
DIMENSIONS OF STREET/ALLEY TO BE VACATED: EX. ROW-150'
Requesting 32' width by 226.62' lenq th on south_side to be vacated
SQUARE FEET OF STREET/ALLEY TO BE VACATED: 7,571.84 SF
ABUTTING TAX PARCEL No(s).: 45202.0813, 45201.0513, 45201.0522
ADDRESSES OF ABUTTING PARCELS__AII are unassigned addresses
ZONING DESIGNATION: (CMU) Corridor Mixed Use
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) TO EACH. THEREFORE, PROPERTY OWNER SHALL BE REQUIRED TO SIGN THE STREET
VACATION APPLICATION.
PL-15 V1.0 Page 2 of
S""okane`
P IOValley
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
PART III - AUTHORIZATION
(Signature of owner or authorized representative)
(print name) swear or affirm that the above responses are made
truthfully and to the best of my knowledge.
� � N
(Signature)
NOTARY
STATE OF WASHINGTON)
ss:
COUNTY OF SPOKANE )
(Date)
SUBSCRIBED AND SWORN to before me this 31 day off 20_?j
NOTARY SEAL
-,I:
�1�
NOTARY SIGNATURE
JtFtt'll��
Notary Public in and for the State of Washington
\7 f
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Residing at
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My appointment expires: 2
-\A\ ����
LEGAL OWNER NO. 1 AUTHORIZATION:
If the applicant is not the legal owner(s), the owner must provide the following acknowledgement, -
owner of the above described property do hereby
authorize Whipple Consulting Engineers to represent me and my interests in all matters
regarding this application.
LEGAL OWNER NO. 2 AUTHORIZATION:
If the applicant is not the legal owner(s), the owner must provide the following acknowledgement;
PL-15 V1.0 Page 3 of
iWCE
Whipple Consulting Engineers, Inc.
Date 08/12/2021
WCE W.O. No. 20-2697
City of Spokane Valley
Planning Department
10210 E. Sprague Avenue
Spokane Valley, Washington
Re: Appleway Street Vacation Narrative
Dear Connor,
ProjEct # ✓-Z--/)Z/-
RECEI VED
AUG 13 2.021
COSY PERMIT CENTER
SUB # REV, #=
This letter is intended to serve as the project development narrative
The project proposes to vacate a portion of right of way on Appleway Ave on parcels
45202.0813 and 45201.OS13 for 32' to make the right of way on Appleway to be 103' wide. The
size of this street vacation is 7,591 sf. The subject property is in a portion of N % Section 20, T
25 N., R 44 E., W.M.
Sewer System
Spokane County environmental services has no sewer lines or services located in this street
vacation.
Power and Water System
Modern Electric Water Company has a 10" pvc pipe in Appleway Ave which looks to be outside
of the Street Vacation and has an 8" pvc pipe and meter running through the future vacation
into the property. The meter and fire hydrant will stay intact and will be the responsibility of
the future owner if need to be moved.
There is a Modern transmission power pole on the currant property line and will not be moved.
Dry Utilities
Comcast have no lines or services located in this street vacation.
21 South Pines Rd. • Spokane Valley, WA 99206 1 PO Box 1566 • Veradale, WA 99037
Phone 509-893-2617 • Fax 509-926-0227 • WhippleCE.corn • InfoCWhippleCE.com
Civil, Structural, Traffic, Survey, Landscape Architecture and Entitlements
WCE Project #
August 12. 2021
Page 2 of 2
Stormwater
Appleway Frontage stormwater is unchanged and follows the curb and gutter with no impacts
to the future 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,
Susan M. Moss PLA
Cc: File
21 South Pines Rd. • Spokane Valley, WA 99206 :j PC) 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
1WCE
Whipple Consulting Engineers, Inc.
APPLEWAY STREET VACATION LEGAL DESCRIPTION
STV-2021-0001
A parcel of land located in the Northeast quarter of the Northwest quarter, and the Northwest quarter
of the Northeast quarter of section 20, Township 25 North, Range 44 East, of the Willamette Meridian,
being A portion of the existing right of way of Appleway Avenue, as shown on right of way plans for
county road project 2396, pages 7 through 10, dated October 10th, 2002, and being more particularly
described as follows;
Beginning at the Northwest corner of that certain parcel of land shown as "Parcel B" in Book 150 of
Surveys, Page 65, records of Spokane County, Washington. Said point being station 141+34.97, 86.00
feet right of centerline, per said county right of way plans;
Thence North 0'05'05" East along an extension of the West line of said Parcel B, a distance of 32.85 feet,
to station 141+35.16, 54.00 feet right;
Thence along said line, 54.00 feet offset from said centerline, said line being a 32 foot offset to the
existing South right of way of said Appleway Avenue, North 89°45'25" East, a distance of 236.78 feet, to
station 143+71.94, 54.00 feet right. Said point being along a North — South right of way jog in said
Appleway Avenue;
Thence South 00°14'35" East along said right of way, a distance of 32.00 feet, to station 143+71.94,
86.00 feet right. Said point being an angle point in the existing right of way;
Thence South 89°45'25" West along the existing right of way, a distance of 236.97 feet, to the True Point
of Beginning and the terminus of this described parcel.
Said parcel contains 7,579.99 square feet, more or less.
21 South Pines Rd. • Spokane Valley, WA 99206 k PO Box 1566 • Veradale, WA 99037
Phone 509-893-2617 Fax 509-926-0227 • WhippleCE.com • Info@WhippleCE.com
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SPOKANE VALLEY, WASHINGTON
*HIPPLE CONSULTING ENGINEERS
CIVIL AND TRANSPORTATION ENGINEERING
21 SOUTH PINES ROAD
SPOKANE VALLEY. WASHINGTON 99206
PH, 509-893-2617 FAX 509-926-0227
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COSV PERMIT CENTER
SUB #= REV. #=
Depner, Colin <CDEPI,,, ER�Zt-spokanecou
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[It\",. >
From:
Collins. Ireland
To:
Susan Moss
Cc:
Austin Fuller
Subject:
RE: 2697 Appleway Street Vacation
Date:
Monday, August 2, 2021 10:13:41 AM
Attachments:
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Hi Susan,
We have a manhole on the north side of the street with one cable in, one cable out and going
underneath Appleway Rd then continuing to the West. We also have 4 inch conduit running the
same route. Otherwise, anything we have will run on the North side of Appleway Rd. I have
highlighted in blue on the screenshot.
Thanks
IRLI_.AN1) C ()l_LINS Assigner
206.806.7217
MOUNTAIN, LTD.
k\ V \1V 11), n
EOE, AA
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From: Susan Moss <smoss@whipplece.com>
Sent: Friday, July 30, 2021 2:06 PM
To: Collins, Ireland <Ireland.Collins@lumen.com>
Cc: Austin Fuller <afuller@whipplece.com>
Subject: 2697 Appleway Street Vacation
Hello Ireland,
I am in the process of submitting a Street Vacation for a portion of Appleway Ave, shown on the
attached documents. Please send any comments of Lumin utilities in or near this Street Vacation.
Please contact me if you need more information. Thank you for your help.
Best Regards,
Susan M Moss, PLA
Landscape Architect
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From: Morrell, Austin <MorrellA@SpokaneValleyFire.com>
Sent: Tuesday, April 6, 2021 9:27 AM
To: Susan Moss
Subject: RE: [External] Fw: 2697-Street Vacation
Hello Susan,
We would have no comments on this street vacation. We would do our typical review once building permits are
submitted for the future projects.
If there are any questions please do not hesitate to call.
Sincerely,
,guy iylamei
Fire Protection Engineer (EIT)
Spokane Valley Fire Department
Office: 509-892-4121; Cell: S09-370-S511
Email: morrella@spokanevalleyfire.com
From: Susan Moss <smoss@whipplece.com>
Sent: Tuesday, April 6, 2021 9:20 AM
To: Morrell, Austin <MorrellA@SpokaneValleyFire.com>
Subject: Fw: [External] Fw: 2697-Street Vacation
Hello Austin,
Can you provide comments on this Right of Way vacation? I will forward all comments to the City of Spokane
Valley once I have all purveyors' reply's. Please see the attached pdf. Please see the attached pdf.
Best Regards,
Susan M Moss, PLA
Landscape Architect
[WhippleCE.com] Whipple Consulting Engineers, Inc.
Phone: 509.893.2617 1 Fax: 509.926.0227
From: Susan Moss <smoss@whipplece.com>
Sent: Friday, March 26, 2021 9:34 AM
To: Luse, John <1ohn.Luse@avistacorp.com>
Cc: Austin Fuller <afuller@whipplece.com>; Ben Goodmansen <beoodmanseil@whipplece.com>
Subject: [External] Fw: 2697-Street Vacation
Hello John,
Please see the attachments referring to a street vacation along E Appleway Blvd east of Farr Rd. Please review
your files and send easement documents within 100' of this project. I will forward to the City of Spokane
Valley.
This would only be for natural gas since this is in Modern Water and Electric district.
Please contact me if you have any questions and thank you for your help.
Best Regards,
Susan Moss
USE CAUTION - EXTERNAL SENDER
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