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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: littps://spokanevalley.zoom.us/i/8626274705 I One tap mobile US: +12532158782„ 86262747051# or+16699006833„86262747051# US Dial by your location US: +1 253 215 8782 US (Tacoma) 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 LM V J J N N- 0 J 0 v u O 0 CD O raw a� c 0 �1 V) d U_ Q 0 m •L 0 J MEMO W oO 0 IQ IQ micom 1111- r EPE FA ■ IBM MINES "Poll INN =am NEI■ r r)0 0 mo mn 0 �o V0 ) CD CL r�. 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