2022-07-28 Agenda Packet000"*
CITY
Spokane
jVa11ey-
Agenda
Spokane Valley Planning Commission
Regular Meeting
Tuesday, July 28, 2022 at 6:00 p.m.
Remotely via ZOOM meeting and
In Person at 10210 E Sprague Avenue
Note: In response to Governor Inslee's announcement reopening Washing under the "Washington Ready"
plan, members of the public may attend Spokane Valley Planning Commission meetings in -person at City
Hall at the address provided above, or via Zoom at the link below. Members of the public will be allowed
to comment in person or via Zoom as described below.
Public comments will only be accented for those items noted on the agenda as "public comment " Those
wishing to make a comment via Zoom, need to email planning awspokanevallev.or7 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 a.spokanevallev.org and they will be read into the record or distributed to the Commission members
via email. Otherwise, comments will be taken in -person at the meeting in Council Chambers.
LINK TO ZOOM MEETING INFORMATION:
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Meeting ID: 862 6274 7051
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES: July 14, 2022
6. COMMISSION REPORTS
7. ADMINISTRATIVE REPORT
8. PUBLIC COMMENT: On any subject which is not on the agenda.
9. COMMISSION BUSINESS:
a. Findings Of Fact: STV-2022-0001 — Street Vacation of ROW From Mission Avenue to
Park Road
b. Public Hearing: STV-2022-0002 — Street Vacation of 1,553 Square Feet Of Unimproved
Right -Of -Way Intersecting With Appleway Boulevard
10. FOR THE GOOD OF THE ORDER
11. ADJOURNMENT
Meeting Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall
July 14, 2022
I. Planning Commission Chairman McKinley called the meeting to order at 6:00 p.m. The meeting was
held in person and via ZOOM meetings.
II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance
III. Planning Commission Secretary Marianne Lemons took attendance, and the following members and
staff were present:
Fred Beaulac
Cary Driskell, City Attorney
Susan Delucchi
Tony Beattie, City Senior Deputy Attorney
Karl Granrath
Chaz Bates, Planning Manager
Walt Haneke
Lori Barlow, Senior Planner
Bob McKinley
Marianne Lemons, Administrative Assistant
Nancy Miller
Chad Knodel, IT Manager
Sherri Robinson
IV. AGENDA: Commissioner Beaulac moved to approve the July 14, 2022 agenda as presented. There
was no discussion. The vote on the motion was seven in favor, zero against and the motion passed.
V. MINUTES: Commissioner Delucchi moved to approve the June 23, 2022 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: Commissioner Delucchi stated that she attended the Greenacres Park
meeting and feels that it is going to be a beautiful neighborhood park. Commissioner Robinson
reported that she attended the Farmer's Market at Center Place and the West Lawn Expansion at that
location looks wonderful.
VII. ADMINISTRATIVE REPORT: Senior Planner Chaz Bates stated that the City Council adopted
the code text amendment regarding community services at the June 28th meeting. They made the
following three changes to the amendment: they removed transitional housing from the buffer
requirements, they increased the distance buffer to one mile, and they added a provision that allows
the City Administrator to authorize a 30-day emergency shelter in the event of severe cold, heat,
smoke, etc. Mr. Bates mentioned that there was a survey regarding the Greenacres park on the City
website to get local feedback on the park. Mr. Bates also stated that the City was working with
Spokane County and the City of Spokane to come up with a plan to use $24 million dollars to
address "Camp Hope," the homeless camp in Spokane.
VIII. PUBLIC COMMENT: There was no public comment.
07-14-2022 Planning Commission Minutes
Page 2 of 4
IX. COMMISSION BUSINESS:
a. Public Hearing: STV-2022-0001. Street Vacation of Right -of -Way Between Mission
Avenue And Park Road
The public hearing was opened at 6:06 p.m.
Senior Planner Lori Barlow gave a presentation regarding STV-2022-0001, a City initiated
street vacation of a right-of-way (ROW) located between Park Road and Mission Avenue.
Ms. Barlow explained the process for vacating a portion of a City -owned ROW. She stated
that the notice of public hearing was posted on each end of the area to be vacated by a large
street vacation sign, it was posted in three locations within the City, written notice was
mailed to the abutting property owners, and the notice was published twice in the Valley
Herald and the Exchange newspapers.
Ms. Barlow explained that the property is in the southwest corner of the corner of Park Road
and Mission Avenue and was an alleyway in the original plat dedication. The area is
approximately 7,400 square feet and in the shape of an "L" connecting Park Road and
Mission Avenue. The area is unimproved, and the City has had to perform on -going
maintenance and weed control. The ROW is currently not serving as access to any of the
properties. There are existing utilities in the ROW including Avista & Lumen.
Ms. Barlow stated that Avista requested a 10' utility easement along the west and north side
of the alley. Lumen requested a 10' wide easement the entire length of the alleyway but
reserved the right to determine the exact location needed. However, their aerial lines in the
area are located on the Avista poles so staff feels that the easement would be the same
location for both utility companies. Those details will be spelled out in detail prior to
recording the street vacation.
Ms. Barlow explained that per the code requirements, half of the ROW vacation will be
distributed to each adjacent lot and the required easements will be established and dedicated
by a record of survey for the location.
Ms. Barlow explained the review criteria outlined in the code and the staff determination
based on review of that criteria. The staff analysis determined that the City does not have a
need for the ROW. She also stated that the City had not received any written objections to
the vacation (but did have a telephone conversation with the property owner of lot 5 who was
concerned about losing access to his back gate).
Commissioner Robinson asked if the public survey would be conducted and paid for by the
City (not the responsibility of the property owners). Ms. Barlow answered that since the
request was City -initiated, the City would be hiring the engineering firm and paying the cost
of the survey and any associated recording fees.
A public comment was read into the record by Planning Commission Secretary Marianne
Lemons for Susan Welsh, the owner of Parcel #35131.0102. She stated that if the vacation is
approved, she would request a proper survey and the installation of corner pines for each
affected property to prevent any discrepancies or disputes among the property owners.
No other public comment was offered. The Public Hearing was closed at 6:18 p.m.
Commissioner Delucchi asked if the City considered fencing off the area rather than vacating
it. Ms. Barlow responded that it is not customary to fence ROW because ROW's need to be
07-14-2022 Planning Commission Minutes
Page 3 of 4
accessible to the public and utility companies. Also, fencing would not alleviate the City
responsibility of maintenance of the ROW.
Commissioner Beaulac expressed concern that the City did not receive any public comment.
He stated that he would like to hear from the residents that live there before approving the
vacation. Ms. Barlow responded that the street vacation request was initiated due to
complaints by the property owners and the City's trouble maintaining the area. If the
vacation request is granted; it will absolve the City from maintenance and the property
owners will be able to fence and use the property for storage.
Commissioner Granrath commented that the area will be vacated but it will be turned into a
utility easement instead of a City -maintained alleyway. Commissioner Haneke mentioned
that the extra square footage given to the property owners will allow them to build slightly
bigger buildings (if wanted) due to the larger area for setbacks.
Commissioner Miller moved to recommend approval of STV-2022-0001. There was no
discussion. The vote on the motion was six in favor, one opposed, with Commissioner
Beaulac dissenting and the motion passed.
b. Study Session: STV-2022-0002: Street Vacation of 1,553 square feet of unimproved
right-of-way intersecting with Appleway Boulevard.
Senior Planner Lori Barlow gave a presentation regarding STV-2022-0002. She explained
that the request was for a privately initiated street vacation to vacate 1,553 square feet of
unimproved ROW intersecting with Appleway Boulevard. The property is located about
800' west of Barker Road and is on the northside of Appleway Boulevard. It is a an
irregularly shaped segment of an unimproved alleyway that is about twenty feet wide and
extends about seventy-five feet. The ROW was recorded originally on the Corbin Addition
to Greenacres plat in 1924 but there have been several land use actions that have occurred
over the years. Division and consolidated of lots have reduced the alley to a dead end. The
west end of alley does not connect to the east portion of the alley because of the turn radius.
The alley way is not currently used for access but there are utilities located in the ROW for
Avista and Consolidated Irrigation District.
Ms. Barlow stated that the applicant, Cameo Lofts, LLC is requesting the street vacation
based on the following reasons:
• Historical division and consolidation of lots have reduced the alley to a dead-end of
the west end of the alley that cannot connect to the east because of the turn radius.
• The boundaries of the bisected alley is between two parcels under the same
ownership.
• The vacation would reduce the number of access points onto Appleway Boulevard
which would remove confusion (since the alley is a dead end).
• The vacation would improve aesthetics since the alley has attracted nuisances and
abandoned vehicles.
Ms. Barlow stated that the informal staff analysis shows that the requested street vacation
does meet the criteria outlined in the code. She said that the formal and detailed report
regarding the staff review will be included in the information provided for the public hearing
on July 28, 2022.
07-14-2022 Planning Commission Minutes
Page 4 of 4
Commissioner Robinson stated that the street vacation would improve the aesthetic of the
area.
Commissioner Delucchi asked if the rest of the alleyway is being used. Ms. Barlow answered
that the alleyway is not being used as a connector to Appleway Avenue and it will remain
unchanged.
Commissioner Haneke asked who owns the alleyway. Ms. Barlow answered that the City
owns it. Mr. Haneke stated that the alley is full of cars (many of which look inoperable).
Commissioners Beaulac, McKinley, and Miller stated that they did not have any objection to
the request.
Commissioner Granrath asked if the curb cut will remain after the street is vacated. Ms.
Barlow answered that she would confirm with City Development Engineer prior to the public
hearing.
Commissioner Haneke requested an updated picture of the site prior to the Public Hearing.
He also stated that if the alley is vacated, the access point onto Appleway should also be
vacated.
The public hearing on this matter will be held at the next Planning Commission meeting.
X. GOOD OF THE ORDER: Commissioner Robinson stated that she is proud of the leadership in
Spokane Valley after seeing water issues happening in other jurisdictions. Commissioner Granrath
apologized for missing the last meeting.
XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:00 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: July 28, 2022
Item: Check all that apply ❑ old business
❑ information
FILE NUMBER: STV-2022-0001
® new business ❑ public hearing
❑ study session ❑ pending legislation
AGENDA ITEM TITLE: Findings and Recommendation - STV-2022-0001
DESCRIPTION OF PROPOSAL: City -initiated street vacation request to vacate
approximately 7,900 square feet of unimproved right-of-way (ROW) extending from Mission
Avenue to Park Road.
GOVERNING LEGISLATION: Chapter 22.140 SVMC; RCW 35A.47.020 and chapter 35.79
RCW.
BACKGROUND: The unnamed street was dedicated by the Park Road Plat in 1949. The area
proposed to be vacated is unimproved, and the City has had to perform on -going maintenance
and weed control. The ROW is not needed by the City for any public purposes and it would be
better used by allowing the adjacent property owners use of the property under private
ownership.
The ROW proposed to be vacated is approximately 370 feet by 20 feet for an area of
approximately 7,400 square feet. The area is in the shape of an `L' connecting Park Road and
Mission Avenue. The ROW has remained unopened, and unimproved for 73 years. The unnamed
street is adjacent to seven parcels (35131.0101 and 35131.0102, 35131.0103, 35131.0104,
35131,0105, 35131.0106, and 35131.0107).
On April 19, 2022 City Council passed Resolution 22-004 to set a public hearing date with the
Planning Commission on June 9, 2022. On May 31, 2022 City Council passed Resolution 22-008
amending Resolution 22-004 to reschedule the public hearing to July 14, 2022 as a result of
scheduling difficulties. The Planning Commission conducted a study session on June 23, 2022
and a public hearing on July 14, 2022. The Planning Commission voted 6-1 to recommend
approval of the street vacation (STV-2022-0001) to the City Council.
RECOMMENDED ACTION OR MOTION: Approve the Planning Commission Findings and
Recommendation for STV-2022-0001.
STAFF CONTACT: Lori Barlow, AICP, Senior Planner
ATTACHMENTS:
1. Planning Commission Findings and Recommendation for STV-2022-0001
RPCA Public Hearing for STV-2022-0001 Page I of 1
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
Pursuant to Spokane Valley Municipal Code (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's decision to recommend approval of File No. STV-2022-0001.
A. Background:
1. Chapter 22.140 SVMC, governing street vacations, was adopted in September 2007 and
became effective on October 28, 2007.
2. STV-2022-0001 is a City -initiated street vacation of a 20 foot wide alleyway extending
from Mission Avenue to Park Avenue. The alleyway is an `L' shaped portion of
unimproved right-of-way (ROW) approximately 7,900 square feet in size.
3. The Planning Commission held a properly noticed public hearing and conducted
deliberations on July 14, 2022. The Planning Commission voted 6-1 to recommend
approval of STV-2022-0001 to the City Council.
B. Planning Commission Findings:
Compliance with SVMC 22.140.030
Whether a change of use or vacation of the street or alley will better serve the public.
The area proposed to be vacated abuts seven parcels. Each parcel takes direct access from
the front of the lot abutting either Mission Avenue, Bowman or Park Road. AVISTA and
L UMEN (formerly Century Link) have utilities located in the alleyway and have requested
to retain rights for the maintenance, construction, and reconstruction as required.
AVISTA has determined specifically where the easement will be located, but LUMEN has
not specified the exact location of the aerial utilities to date but will be required to do so
prior to finalizing the vacation. It is assumed that the aerial utilities are attached to the
AVISTA poles. The vacation is expected to have no impact on the general public.
Whether the street or alley is no longer required for public use or public access.
The area proposed to be vacated is currently unimproved vacant land not being used for
public access and is not required for current or future public access. Stormwater
improvements are in Mission Avenue and Park Road. Stormwater improvements are not
needed. Since the lots are fully developed, future stormwater improvements are not
anticipated.
Whether the substitution of a new and different public way would be more useful to
the public.
There is no substitution being proposed as part of the vacation. The City's review has
determined no need for a new or different public way in this location. All lots abutting the
alleyway have access from either Mission Avenue, Park Road or Bowman Road.
Findings and Recommendations of the Spokane Valley Planning Commission STV-2022-0001 Page I of 3
4. Whether conditions may so change in the future as to provide a greater use or need
than presently exists.
The surrounding properties are developed and take access from the improved streets.
There are no anticipated changes in the future that would require the use of the subject
ROW for public access.
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.
Notice of the public hearing was made by posting written notice at City Hall, CenterPlace,
and the Spokane County Library District library facility in Spokane Valley; publishing
notice in the Spokane Valley Herald, posting both ends of the ROW to be vacated, and a
direct mailing to property owners adjacent to the proposed vacations. To date, no
objections by the public or governmental agencies have been received.
C. Conclusions:
The findings confirm that the criteria set forth in SVMC 22.140.030 have been met.
D. Recommendation:
The Spokane Valley Planning Commission therefore recommends the City Council
approve STV-2022-0001.
1. The vacated property shall be transferred to the owners of the abutting parcels (35131.0101,
35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and 35131.0107) as
shown on the record of survey created and recorded with Spokane County Auditor's Office
pursuant to condition 4 below. Such property shall become part of each abutting parcel.
2. The City shall establish an easement acceptable to AVISTA for access and preservation of
existing services within the area to be vacated. The location and recording number shall be
shown on the record of survey
3. The City shall establish an easement acceptable to LUMEN for access and preservation of
existing services within the area to be vacated. The location and recording number shall be
shown on the record of survey
4. 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 completed.
5. 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.
Findings and Recommendations of the Spokane Valley Planning Commission STV-2022-0001 Page 2 of 3
6. 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.
7. All conditions of City Council authorization shall be fully satisfied prior to any transfer of
title by the City.
Approved this 28t11 day of July, 2022
Planning Commission, Chairman
ATTEST
Marianne Lemons, Office Assistant
Findings and Recommendations of the Spokane Valley Planning Commission STV-2022-0001 Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: July 28, 2022
Item: Check all that apply ❑ old business ❑ new business ® public hearing
❑ information ❑ study session ❑ pending legislation
FILE NUMBER: STV-2022-0002
AGENDA ITEM TITLE: Public Hearing for STV-2022-0002
DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate 1,553
square feet of unimproved right-of-way intersecting with Appleway Boulevard.
GOVERNING LEGISLATION: Chapter 22.140 Spokane Valley Municipal Code (SVMC);
RCW 35A.47.020 and chapter 35.79 RCW
BACKGROUND: The original unnamed street was dedicated by the Corbin Addition to
Greenacres Plat in 1924. The alley was in the shape of an arc which extended from Greenacres
Road to Appleway Avenue. Portions of the alley were vacated by Spokane County Right of Way
Deed no. 1994, and at this time the west end of the alleyway which intersects with Appleway
Avenue is bisected by property boundaries. The right-of-way is unimproved and not being used
by the City. The unimproved alley lies mostly between parcels owned by Cameo Lofts, LLC.
The northwest 30 feet of the alley abuts a property owned by Major and Corinna Bambino.
Cameo Lofts, LLC, consolidated the adjacent properties through a recent Boundary Line
Adjustment (BLA-2021-0061) to accommodate the existing Multifamily Development. During
the course of the BLA review it was determined that the area to be vacated was located within
the original boundaries of Lot 34, Block 12 of the historical plat, which is the properties
currently held by Cameo Lofts LLC. Although the Bambino property is adjacent to the alley, the
entire vacated area will return to the two properties owned by Cameo Lofts, LLC since that is
where the alley originated from. 1
The right-of-way proposed to be vacated is 20 feet wide with a varying length due to the angle of
the right-of-way. The average length is 75 feet. The total area proposed to be vacated is 1,553
square feet. The right-of-way has remained unopened and unimproved for 98 years. The
unnamed street is adjacent to parcel numbers 55184.1207 and 55184.1208, owned by Cameo
Lofts, LLC; Parcel number 55184.1216 is owned by Major and Corinna Bambino. The entire
area to be vacated was originally from the property owned by Cameo Lofts LLC, so while the
Bambino property is adjacent, the entire vacated area will return to the two properties owned by
Cameo Lofts.
On June 28, 2022, City Council passed Resolution 22-013 to set a public hearing date with the
Planning Commission on July 28, 2022. The Planning Commission conducted a study session on
July 14, 2022. The July 281h meeting will include a public hearing on the proposed street
vacation.
OPTIONS: Recommend approval of the proposed street vacation with conditions, recommend
approval with changes, or recommend denial.
RPCA Study Session for STV-2022-0002 Pagel of 2
RECOMMENDED ACTION OR MOTION: Move to recommend approval of the proposed
street vacation to the City Council with staff conditions.
STAFF CONTACT: Lori Barlow, AICP, Senior Planner
ATTACHMENTS:
1. Staff Report
2. PowerPoint presentation
RPCA Study Session for STV-2022-0002 Page 2 of 2
COMMUNITY AND PUBLIC WORKS
BUILDING & PLANNING
Spokane
STAFF REPORT AND RECOMMENDATION TO THE
,,,;0o0Valley PLANNING COMMISSION
FILE: STV-2022-0002
STAFF REPORT DATE: July 21, 2022
FILE NO: STV-2022-0002
PROPOSAL DESCRIPTION: Street vacation request to vacate approximately 1,553 square feet
of unimproved right-of-way that intersects with Appleway Avenue.
STAFF PLANNER: Lori Barlow, AICP, Senior Planner
APPLICANT: Cameo Lofts, LLC
PROPERTY OWNER: City of Spokane Valley
PROPOSAL LOCATION: The right-of-way proposed to be vacated is located approximately 800
feet west of the Appleway Avenue and Barker Road intersection, and adjacent to parcels
55184.1208, 55184.1207 and 55184.1216; the site is further located in the SE quarter of Section
18, Township 25 North, Range 45 East, Willamette Meridian, Spokane Valley, Washington
BACKGROUND:
On June 28, 2022, City Council approved Resolution No. 22-013 to set the public hearing date for
July 28th, 2022, to consider the privately initiated request to vacate an irregularly shaped alley that
intersects the northside of Appleway Avenue.
The right-of-way proposed to be vacated is located approximately 800 feet west of the intersection
of Appleway Avenue and Barker Road. The right-of-way is an irregularly shaped 20' wide
quadrilateral area of unimproved alleyway, that extends north from Appleway Avenue 100' at the
farthest point. The right of way was dedicated by the Corbin Addition to Greenacres Plat in 1924.
Although various consolidations of lots from the original Corbin Addition to Greenacres Plat have
occurred leaving new legal descriptions, it has been shown that the portion of the alley that is
requested to be vacated lies within the original boundaries of Lot 34, Block 12 of the historical
plat. The right -of way lies between parcel numbers 55184.1207 and 55184.1208 which were
previously included in Lot 34, Block 12. If the vacation is approved, the entire vacated area
should be returned to the parcels where it originated from.
The rear portion of parcel 55184.1216 owned by Major and Corinna Bambino, abuts the north end
of the unimproved right-of-way. The Bambino's parcel has an access easement recorded by
Staff Report and Recommendation STV-2022-0002 Page I of 6
July 28, 2022
auditor's number 901810A that crosses the alley right-of-way and the north portion of parcel
55184.1208. The access easement will be retained if the vacation request is approved.
The surrounding site is currently under construction with a multifamily development. A single
family home that was located in the southeast portion of parcel number 55184.1207 was removed
in preparation for the multi -family development. The surrounding site has numerous easements
for water, communications, electrical and gas, but only the gas line easement and access easement
lie within the right-of-way proposed to be vacated. All easements will remain.
Cameo Lofts, LLC has requested the street vacation for the following reasons:
1. Lots in this area have been divided and or consolidated over the years which has reduced
this small section of alley to a dead-end; it is impossible to be used to access the westerly
portion of the alley due to the relation to the parcel to the west (55184.1235).
2. The limits of the alley to be vacated is the portion located between parcel numbers
55184.1208 and 55184.1207.
3. The public benefit of the vacation is:
a. One less access point to Appleway Avenue at an already congested area;
b. Eliminate confusion from a dead-end alley way; and
c. Improved aesthetics — the area has attracted nuisance and abandoned vehicles.
APPROVAL CRITERIA:
1. Chapter 22.140 SVMC — Street Vacations
2. City of Spokane Valley Street Standards
ATTACHMENTS:
Exhibit 1: Vicinity Map
Exhibit 2: Aerial Map
Exhibit 3: Notice of Public Hearing
Exhibit 4: Agency Comments
I. PROPERTY INFORMATION
Size and Characteristics of
The area to be vacated is unimproved right-of-way and
proposed vacation:
totals approximately 1,553 square feet.
Adjacent Comprehensive Plan
Corridor Mixed Use (CMU)
Designation:
Adjacent Zoning:
Corridor Mixed Use (CMU)
Adjacent Land Use(s):
North and east - Multi -family development under
construction; West - vacant and automotive repair; South
— Appleway Avenue
II. STAFF ANALYSIS OF STREET VACATION PROPOSAL
A. COMPLIANCE WITH SVMC 22.140.030
Findings:
1. Whether a change of use or vacation of the street or alley will better serve the public?
Staff Report and Recommendation STV-2022-0002 Page 2 of 6
July 28, 2022 g
The area proposed to be vacated lies between two parcels owned by the applicant. The
applicant is currently constructing a multifamily development that is taking access
approximately 50' east of the alley The smaller triangular shaped parcel abutting the
southwest boundary of the right of way has an area of 702 square feet. The dimensions leave
the property undevelopable. A varying width access easement provides access to a garage
located on the east side of the structure owned by the Bambino's (parcel number 55184.1216).
No comments have been received from the Bambinos. A gas line easement crosses a portion
of the right-of-way and is necessary for maintenance and operation of existing facilities.
Other easements are located outside of the right-of-way. All easements will remain. All
parcels abutting the alley right-of-way have direct access from Appleway Avenue. Due to the
irregular shape of the north portion of the alley it does not maintain a viable connection to that
portion of the alley to the northwest. Currently several vehicles that appear inoperable are
parked in that portion of the alley requested to be vacated and that portion of the alley
extending west. It is evident the alley is not used for public access and the public would
benefit from the removal of old vehicles, and the development of the property in conjunction
with the multifamily complex. The vacation is expected to have no impact on the general
public.
Whether the street or alley is no longer required for public use or public access?
The area proposed to be vacated is currently unimproved and is not being used for public access
and is not required for current or future public access. Stormwater improvements are located in
Appleway Avenue and the alley is not needed for future stormwater improvements. Since the
lot to the north is under development future stormwater improvements and access are not
anticipated.
Whether the substitution of a new and different public way would be more useful to the
public?
There is no substitution being proposed as part of the vacation. The City's review has
determined no need for a new or different public way. The alleyway is unimproved and has not
provided access to the remaining unvacated portions of the alleyway to the northwest. All lots
abutting the alley have access from Appleway Avenue. So long as access easements are
retained for the electrical facilities, the public interest is served. The private access will be
retained until the easement is vacated. The private easement has no impact on the general
public.
4. Whether conditions may so change in the future as to provide a greater use or need than
presently exists?
The surrounding property under development takes access from the Appleway Avenue; Future
redevelopment of the adjacent properties should not be affected as the properties have frontage
on Appleway Avenue. It is not anticipated that changes would occur in the future that would
require the use of the subject right-of-way for public access.
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?
Staff Report and Recommendation STV-2022-0002 Page 3 of 6
July 28, 2022
Notice of the public hearing was made by posting written notice at City Hall, CenterPlace, and
the Valley library; publishing notice in the Spokane Valley Herald, posting both ends of the
right-of-way to be vacated, and a direct mailing to property owners adjacent to the proposed
vacations. To date, no objections by the public or governmental agencies have been received.
Conclusions:
The findings confirm criteria set forth in SVMC 22.140.030 have been met.
B. COMPLIANCE WITH TITLE 21 SVMC — ENVIRONMENTAL CONTROLS
The Planning Division has reviewed the proposed project and has determined that the project is
categorically exempt pursuant to WAC 197-11-800(2)(i) and SVMC 21.20.040 from
environmental review under the provisions of the State Environmental Policy Act (SEPA).
III. PUBLIC COMMENTS
Findings:
No public comments were received following the notice of public hearing posted on July 8, 2022
and emailed and mailed on July 8, 2022.
A Notice of Public Hearing sign was posted on July 8, 2022 on each end of the area proposed to
be vacated. Notices were posted in the Spokane Valley Public Library, City of Spokane Valley
main reception area and CenterPlace Event Center on July 8, 2022. The public hearing notice
was mailed to all owners adjacent to the area proposed to be vacated on July 8, 2022. Staff and
agencies were notified of the request on July 5, 2022 and noticed again on July 13, 2022. Lastly,
the notice was published in the Spokane Valley Herald on July 8, 2022 and July 15, 2022.
Conclusion(s):
The City has met the noticing requirements for street vacations as required in SVMC
22.140.020(F)
IV. AGENCY COMMENTS
Request for comments from agencies and service providers was sent on July 5, 2022 as part of the
initial assessment of the street vacation. Notice of public hearing was provided to agencies and
service providers again on July 13, 2022. Comments were received from the following agencies
and are attached as exhibits to this staff report. Where necessary, comments have been
incorporated into the recommended conditions of approval in Section V.
Agency
Received
Comments
Comments
Dated
City of Spokane Valley Public Works - Engineering
Yes
7-19-2022
City of Spokane Valley Public Works — Stormwater
Yes
7-5-2022
City of Spokane Valley Public Works - Traffic
No
City of Spokane Valley Public Works — Maintenance
No
Spokane Valley Fire District No.l
Yes
7-18-2022
Spokane County Public Works - Wastewater
Yes
7-15-2022
Spokane Regional Health District
No
Staff Report and Recommendation STV-2022-0002 Page 4 of 6
July 28, 2022
Yellowstone Pipeline
No
Consolidated Water Irrigation District #19
Yes
7-18-2022
Avista Utilities
Yes
7-5-2022
Century Link Lumen
Yes
7-6-2022
Comcast
No
Findings:
The application was routed to jurisdictional agencies, utilities, and public districts for review and
comment.
Avista has both gas and electric distribution facilities within the right-of-way and requests the
existing easement be preserved in the entire alleyway; Consolidated Water District noted that
facilities were still located in the following easements: #68847C, 485338C, and 97405130015.
All easements are in place, and will remain. However, it is worth noting that the water district
easements are located outside of the area requested to be vacated.
Comcast commented directly to the applicant. The correspondence was included with the
application and indicated they had no issue with the street vacation.
Conclusion(s):
Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns
regarding the proposed street vacation of the alley way intersecting with Appleway Avenue so
long as easements are retained.
V. OVERALL CONCLUSIONS AND FINDINGS
Staff concludes that STV-2022-0002 as proposed is consistent, or will be made consistent, through
the recommended conditions of approval based on the approval criteria stated herein.
RECOMMENDATION:
Approve the request to vacate the approximately 1,553 square feet of irregularly shaped alleway
intersecting with Appleway Avenue adjacent to parcel numbers 55184.1207, 55184.1208, and
55184.1216 and subject to the following:
1. Initial work to satisfy conditions of the street vacation (File No. STV-2022-0002), 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 55184.1207 and
55184.01208 as shown on the record of survey created and recorded with Spokane County
Auditor's Office pursuant to condition 4. Such property shall become part of each abutting
parcel.
3. All easements shall be retained on the record of survey unless otherwise vacated.
4. Following the City Council's passage of the Ordinance approving the street vacation, a record
Staff Report and Recommendation STV-2022-0002 Page 5 of 6
July 28, 2022
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 completed.
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.
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.
7. 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.
All conditions of City Council authorization shall be fully satisfied prior to any transfer of title
by the City.
Staff Report and Recommendation STV-2022-0002 Page 6 of 6
July 28, 2022
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