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2021-12-09 Agenda PacketOr okanee jValley Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 10210 E. Sprague Ave. December 9, 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public attendance at Spokane Valley Planning Commission meetings are suspended until the Governor's order has been rescinded or amended.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 Manning@spokanevalleY org prior to 4:00 n.m the day of the meeting to speak during the comment period of the meeting. Comments can also be emailed to planning(i�spokanevalley.org and they will be read into the record or distributed to the Commission members via email. LINK TO ZOOM MEETING INFORMATION: httl2s:Hsl2okanevallev.zoom.us/*/87146597722 One tap mobile US: +12532158782„ 87146597722# or+13462487799„87146597722# US Dial by your location US: +1 253 215 8782 US (Tacoma) Meeting ID: 8714659 7722 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: October 28, 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: STV-2021-0001 — 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 October 28, 2021 I. Planning Commission Chair Bob McKinley called the meeting to order at 6:00 p.m. 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 Cary Driskell, City Attorney Karl Granrath Jenny Nickerson, Building Official Walt Haneke Karen Kendall, Planner Bob McKinley Levi Basinger, Planner Nancy Miller Taylor Dillard, Administrative Assistant Paul Rieckers Marianne Lemons, Administrative Assistant Sherri Robinson III. AGENDA: Commissioner Miller moved to approve the October 28, 2021 agenda as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. IV. MINUTES: Commissioner Beaulac moved to approve the October 14, 2021 minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. V. COMMISSION REPORTS: There were no Commission reports. VI. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson stated that there will not be a Planning Commission meeting held during the month of November due to Veterans Day and Thanksgiving. Ms. Nickerson reminded the Commissioners that anyone planning to submit their application for reappointment can send the applications to City Clerk, Chris Bainbridge. Ms. Nickerson also introduced Levi Basinger as the new City Planner. VII. PUBLIC COMMENT: There was no public comment. VIII. COMMISSION BUSINESS: a. Public Hearing: STV-2021-0001 — Street Vacation Of A Portion Of Appleway Avenue The public hearing was opened at 6:06 p.m. 10-28-2021 Planning Commission Minutes Page 2 of 3 Planner Karen Kendall gave a staff presentation regarding a street application request that was received by the City on August 31, 2021 from Derek Apartments, LLC to vacate 32 feet by 237 feet of right-of-way along the south side of Appleway Avenue. She explained that the right-of-way proposed to be vacated is located approximately 526 feet east of the intersection of Appleway Avenue and Farr Road. Ms. Kendall noted that a notice of public hearing was posted on each end of the proposed vacated area, was posted in three locations within the City limits (City Hall, Center Place, and the Spokane Valley Library), written notice was mailed to the property owner abutting the vacation location, and it was published twice in the Valley Herald and the Exchange. Planner Kendall explained that the property owner is submitting this request for the following reasons: • No change to unimproved right-of-way or current street structure. • Excess right-of-way is no longer needed after stormwater improvement project. • The area is outside of useable right-of-way. Ms. Kendall said that the City received five utility provider comments during the application submittal. Spokane Valley Fire and Spokane County Environmental Services commented that they do not have any objection to the street vacation. Modern Electric Water Company provided a map outlining their facilities in the vacated area. Lumen (CenturyLink) stated that they also have facilities in the vacated area. Comcast commented that they do not have services within the area. The application was routed a second time to Spokane Valley staff and the utility providers. The City received six comments. The Spokane Valley Engineering Department and Lumen (CenturyLink) provided recommended conditions of approval. The Spokane Valley Stormwater Department, Spokane Valley Fire Department, Avista, and Spokane County Environmental Services reported no concerns with the vacation. Planner Kendall explained that the City Appleway Stormwater Improvement project was underway in the proposed vacation area. During the design and review phase, it was determined that the City does not need the requested vacation area. However, the City does need 4,510 square feet of additional right-of-way along the frontage of adjacent parcels that are also owned by Derek Apartments, LLC. As a City Engineering recommended condition of approval Derek Apartments has agreed to dedicate the required square footage to the City for the improvement project. The City also requested a stormwater easement be preserved for the maintenance of a drywell that is located on the vacated property. Another condition of approval is that an easement acceptable to Modern Electric Water Company and Lumen (CenturyLink) be established for access and preservation of existing services within the area to be vacated. Ms. Kendall stated that staff suggests recommending approval of the street vacation subject to the proposed conditions to the City Council. Commissioner Beaulac asked if the City sent an agency comment to Spokane Transit Authority (STA). Ms. Kendall answered that the City did reach out the STA twice during the process but did not get a response. Public hearing was closed at 6:26 p.m. Commissioner Miller moved to recommend approval of the proposed street vacation (STV-2021-0001) for Appleway Avenue to the City Council with staff conditions. There 10-28-2021 Planning Commission Minutes Page 3 of 3 was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. IX. GOOD OF THE ORDER: Commissioner Beaulac encouraged everyone to vote. X. ADJOURNMENT: Commissioner Robinson moved to adjourn the meeting at 6:30 p.m. The vote on the motion was seven 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: December 9, 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: Findings of Fact — 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: The Planning Commission conducted a study session on the proposed vacation on October 14, 2021 and a public hearing on October 28, 2021. The Planning Commission voted 7-0 to recommend approval of the proposal to vacate a portion of Appleway Avenue. RECOMMENDED ACTION OR MOTION: Approve the Planning Commission Findings and Recommendation for STV-202 1 -0001 or provide staff further direction. STAFF CONTACT: Karen Kendall, Planner ATTACHMENTS: PC Findings and Recommendation STV-2021-0001 RPCA Finding of Fact for STV-202 1 -0001 Page 1 of 1 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION STV-2021-0001— Street vacation of a portion Appleway Avenue. 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. A. Background: Chapter 22.140 of the Spokane Valley Municipal Code (SVMC), governing street vacations, was adopted in September 2007 and became effective on October 28, 2007. 2. The privately -initiated street vacation, STV-2021-0001, proposes 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. 3. The Planning Commission held a properly noticed public hearing and conducted deliberations on October 28, 2021. The Planning Commission voted 7-0 to recommend approval of STV-2021-0001 to the City Council. B. Planning Commission Findings: Compliance with SVMC 22.140.030 Planning Commission review and recommendation Findings: 1. Whether a change of use or vacation of the street or alley will better serve the public? The area proposed to be vacated is abutting two vacant parcels owned by Derek Apartments, LLC. The area proposed to be vacated is unimproved land. Within the vacated area, a 15 foot by 20-foot easement shall be created as a drainage easement reserved for drywell maintenance. Power and cable lines intersect the vacated area, and easements to preserve Modern Electric Water and Power (MEWCO) and Century Link utilities are required. The area proposed to be vacated has existing services from MEWCO and Century Link. MEWCO provided a layout of all services to the Applicant to be submitted with the application material. No comments from MEWCO were received during the comment period. Century Link comments were provided with the application submittal and formal comments were received during the comment period asking for an easement to protect existing services. The request for easements is included in the recommended conditions. The vacation is expected to have no impact on the general public. Findings and Recommendations of the Spokane Valley Planning Commission STV-2021-0001 Page I of 4 2. Whether the street or alley is no longer required for public use or public access? The subject ROW is currently vacant land not being utilized for public access and is not required for current or future public access. The stormwater improvements to Appleway Avenue have been installed north of the area proposed to be vacated, except for a drywell that handles drainage from Appleway Avenue, that will be preserved in an easement. Should future development require improvements, the improvements will be reviewed and right-of-way needs assessed. The City reached out to Spokane Transit Authority two times, and no comments or requirements for public use or access were requested. 3. Whether the substitution of a new and different public way would be more useful to the public? There is no need for a new and different public way. So long as access to the drywell for maintenance is provided, the public interest is served. The owner, Derek Apartments, LLC, of three parcels directly west of vacated area is dedicating public right-of-way as part of the stormwater improvement project along Appleway Avenue. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? It is not anticipated that changes would occur in the future which would require the use of the subject right-of-way for public access. Should future development require improvements, the improvements will be reviewed, and right-of-way needs assessed. 5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? No objections or public comment were received. Conclusions: The findings confirm criteria set forth in SVMC 22.140.030 have been met. C. Recommendation: Planning Commission recommends City Council approve the proposal to vacate a portion of Appleway Avenue subject to the following: 1. Initial work to satisfy conditions of the street vacation (File No. STV-2021-0001), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred to the owner of the abutting parcels (45201.0513 and 45202.0813) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 11. Such property shall become part of each abutting parcel. 3. The street vacation width shall be no greater than 32 feet. Findings and Recommendations of the Spokane Valley Planning Commission STV-2021-0001 Page 2 of 4 4. The owner or applicant shall draft the legal description and exhibit for the now 15 foot by 20 foot storm drainage easement, to be dedicated to the City. The City Engineer shall receive the draft easement to review and upon acceptance by City Engineer of draft easement document, the owner or applicant shall record with Spokane County Auditor's Office. The location and recording number shall be shown on the record of survey and written documentation of the easement shall be submitted to the City prior to final acceptance and all conditions have been satisfied. 5. The owner or applicant shall establish an easement acceptable to Modern Electric Water Company for access and preservation of existing services within area to be vacated. The location and recording number shall be shown on the record of survey and written documentation of the easement shall be submitted to the City prior to final acceptance and all conditions have been satisfied. 6. The owner or applicant shall establish an easement acceptable to Century Link (Lumen) for access and preservation of existing services within area to be vacated. The location and recording number shall be shown on the record of survey and written documentation of the easement shall be submitted to the City prior to final acceptance and all conditions have been satisfied. 7. Following the City Council's passage of the Ordinance approving the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Washington, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the City Manager, or designee, for review and approval. 8. All direct and indirect costs of the title transfer of the vacated street from public to private ownership, including but not limited to, title company charges, copying fees, and recording fees, shall be paid by the proponent. The City shall not, and does not, assume any financial responsibility for any direct or indirect costs for the transfer of title. 9. The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 10. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in the office of the Spokane County Auditor. H. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Findings and Recommendations of the Spokane Valley Planning Commission STV-2021-0001 Page 3 of 4 Approved this 9t1 day of December, 2021 Planning Commission Chairman ATTEST Marianne Lemons, Administrative Assistant r mamgs and Recommendations of the Spokane Valley Planning Commission STV-2021-0001 Page 4 of 4