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2022-07-28 PC SIGNED APPROVED MINUTESMeeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall July 28, 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 Tony Beattie, City Senior Deputy Attorney Susan Delucchi Chaz Bates, Planning Manager Karl Granrath Lori Barlow, Senior Planner Walt Haneke Nikki Kole, IT Specialist Bob McKinley Marianne Lemons, Administrative Assistant Nancy Miller Sherri Robinson IV. AGENDA: Commissioner Haneke moved to approve the July 28, 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 Beaulac moved to approve the July 14, 2022 minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. VI. COMMISSION REPORTS: There were no Planning Commission reports. VII. ADMINISTRATIVE REPORT: Senior Planner Chaz Bates stated that the City has hired a new planner, Greg Norris. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Findings of Fact: STV-2022-0001 - Street Vacation of Right -of -Way Between Mission Avenue And Park Road Senior Planner Lori Barlow presented the Findings of Fact for STV-2022-0001 for 07-28-2022 Planning Commission Minutes Page 2 of 4 the street vacation of right-of-way (ROW) between Mission Avenue and Park Road. She stated that the Planning Commission held a public hearing on the proposed street vacation at the July 14, 2022 meeting. After receiving public testimony, the Planning Commission moved and voted 6-1 to recommend approval to the City Council. She explained that the approval of the Findings Of Fact would formalize the recommendations that were made at the public hearing. Commissioner Miller moved to approve the Findings of Fact for STV-2022-0001 as presented. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. b. Public Hearing: STV-2022-0002: Street Vacation of 1,553 square feet of unimproved right-of-way intersecting with Appleway Boulevard. The public hearing was opened at 6:15 p.m. 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. Ms. Barlow explained that a study session was held at the July 14, 2022 meeting and noticing of the public hearing was posted on each end of the area to be vacated, was posted in three places within the City, was mailed to property owners abutting the vacation, and was published twice in the Valley Herald and the Exchange. Ms. Barlow stated that the street vacation request was sent out to all associated agencies and the City received requests for conditions from Consolidated Irrigation District #19 and Avista Utilities for utility easements where their utilities are located. She explained that the water utilities are in the current easement, but Avista has a small portion that is located outside of the current easement boundaries. She requested that the Planning Commission add a condition of approval to grant an easement that is acceptable to Avista to encompass all their utility lines. In addition to the utility easements, an access easement to the adjacent property owned by Major and Corinna Bambino will be retained. Ms. Barlow stated that the staff analysis showed that the requested street vacation does meet the criteria outlined in the code and staff recommended that it should be approved with the conditions outlined in the staff report and the additional condition for Avista. Commissioner Haneke commented that the area is full of inoperable vehicles and garbage that is a public nuisance. Ms. Barlow responded that the area has been reported to the City Code Enforcement Department for determination of code violations. The item was opened for public comment: 07-28-2022 Planning Commission Minutes Page 3 of 4 The applicant, Jeremy Hopson with Cameo Lofts, LLC (Plummer, ID) stated that he has reviewed the staff report and is willing to comply with all the required conditions of approval (including the addition of the requirement for Avista). He explained that the reason he is requesting the street vacation is to add some additional amenities to the clubhouse that is adjacent to the proposed street vacation area. The property owner, Major Bambino (Spokane Valley) stated that he is in opposition of the street vacation because he is concerned that the vacation will eliminate access to the lower garage area. The property tenant, David Beech (Spokane Valley) stated that he is renting the Bambino property and was also in opposition to the street vacation because it would eliminate his access to the lower level of the garage building. Commissioner Delucchi asked the applicant about the access easement. Mr. Hopson responded that the access easement exists and was recorded in 1974. He explained that it would be retained if the street vacation was approved, and the remaining vacated area would be used to provide yard games for the clubhouse. Ms. Barlow confirmed that the access easement was recorded with Spokane County under auditor number 901810A and it will be retained as part of the street vacation process. Commissioner McKinley asked if the access easement extends all the way to the garage door of the building. Ms. Barlow responded that she assumed it would extend all the way but couldn't confirm definitively. The public hearing was closed at 7:08 p.m. Commissioner Beaulac moved to recommend approval of STV-2022-0002, subject to the staff conditions, including an additional condition to grant an easement that is acceptable to Avista to encompass all their utility lines. Commissioner Haneke stated that he did not want to recommend approval until it was confirmed that the applicant had adequate access through the access easement. There was a lengthy discussion regarding access to the Bambino property and if it was adequate for the tenant to get to all areas of the property. Commissioner Beaulac moved to withdraw his recommendation to approve motion. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. Commissioner Delucchi moved to reopen the public hearing at 7:45 p.m. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. Commissioner Delucchi moved to continue the public hearing to the August 11, 2022, meeting so that additional information could be presented regarding the access easement. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. X. GOOD OF THE ORDER: Chairman McKinley stated that he will not be at the next meeting and Vice -Chair Robinson will be chairing the meeting. 07-28-2022 Planning Commission Minutes Page 4 of 4 XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:53 p.in. The vote on the motion was seven in favor, zero against and the motion passed. Sherri Robinson, Vice -Chair Marianne Lemons, Secretary Date Signed