2022-12-08 Agenda PacketC'la[TV of
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Agenda
Spokane Valley Planning Commission
Regular Meeting
Thursday, December 8, 2022 at 6:00 p.m.
Remotely via ZOOM meeting and
In Person at 10210 E Sprague Avenue
NOTE: 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 accepted for those items noted on the agenda as "public comment
opportunity." If making a comment via Zoom, comments must be received by 4:00 pm the day of the
meeting. Otherwise, comments will be taken in -person at the meeting in Council Chambers, as noted on
the agenda below
LINK TO ZOOM MEETING INFORMATION:
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES: November 10, 2022
6. COMMISSION REPORTS
7. ADMINISTRATIVE REPORT
8. PUBLIC COMMENT: On any subject which is not on the agenda.
9. COMMISSION BUSINESS:
a. Public Hearing: STV-2022-0003 - Privately initiated street vacation request to vacate 21
square feet of public right-of-way adjacent to University Road.
b. Public Hearing: CTA-2022-0003 — Privately Initiated Map Amendments Update
c. Study Session: CTA-2022-0004 — Stormwater Management Regulations Update
10. FOR THE GOOD OF THE ORDER
11. ADJOURNMENT
Meeting Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall
November 10, 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. Administrative Assistant 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
Martin Palaniuk, Associate Planner
Walt Haneke
Levi Basinger, Planner
Bob McKinley
Nikki Cole, IT Specialist
Nancy Miller
Marianne Lemons, Administrative Assistant
Sherri Robinson
IV. AGENDA: Commissioner Robinson made a motion to amend the agenda of November 10, 2022 to
have Study Session B before Study Session A. There was no discussion. The vote on the motion was
seven in favor, zero against and the motion passed.
V. MINUTES: Commissioner Granrath moved to approve the October 13, 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: Commissioner Delucchi reported that the original Veradale post office
has been torn down.
VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported City Hall will close on
November 23, 2022 at noon and will be closed for the entire day on December 23, 2022. He also
reported that there will be one city -initiated comprehensive plan amendment that will be submitted to
City Council for review during 2023.
City Attorney Beattie stated that he researched the possibility of moving the Planning Commission
meetings from Thursday to Wednesday and determined that it was not advisable to move the
meetings.
VIII. PUBLIC COMMENT: There was no public comment.
IX. COMMISSION BUSINESS:
11-10-2022 Planning Commission Minutes
Page 2 of 4
a. Study Session: STV-2022-0003 - Privately initiated street vacation request to vacate 21 square
feet of public right-of-way adjacent to University Road.
Planner Basinger presented a staff report. He stated that the piece of public right-of-way (ROW)
is located west of and adjacent to University Road and is approximately 170-feet south of the
intersection with 16a' Avenue. The subject piece of ROW measures approximately 4.5 feet
east/west by 5 feet north/south.
Mr. Basinger explained that the ROW was dedicated to the City of Spokane Valley by Spokane
County pursuant to Spokane County Resolution No. 11-0698 in 2011 for the purpose of placing
a school zone flashing beacon in this location. According to the resolution, the county engineer
deemed it in the best interest of the public to place the beacon upon be a part of the road ROW.
The beacon assembly has since been relocated to north of 161" Avenue and only the foundation
for the assembly remains on the site. Other than the foundation for the former assembly, the
right-of-way is unimproved. The right-of-way is not being used and is not needed by the City.
The subject ROW and foundation for the former flashing beacon are located behind the existing
sidewalk and behind the existing storm drains within University Road. The City does not plan
to remove the foundation if the right-of-way is vacated. There are also no identified utility lines
or easements that pass through the piece of right-of-way in question.
Mr. Basinger said that the ROW is adjacent to parcel #45291.0125 on three sides. The parcel is
owned by Ann S. Easterly 2018 Living Trust, who is also the owner of the adjacent parcel to the
north, at the southwest corner of 16t" Avenue and University Road. The property owner has
requested the 21-square feet of right-of-way be vacated and aggregated into the adjacent
property because it no longer serves a public purpose.
Mr. McKinley asked if the removal of the foundation will be the responsibility of the property owner.
Mr. Basinger responded that it will be their responsibility if they decide to remove it.
The public hearing will be held at the December 10, 2022 Planning Commission meeting
b. Study Session: CTA-2022-0003 — Privately Initiated Map Amendments Update
Associate Planner Martin Palaniuk gave a staff report. He stated that CTA-2022-0003 is a city -initiated
code text amendment to revise Chapter 19.30 of the Spokane Valley Municipal Code (SVMC) as it
relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately
initiated site -specific zoning map amendments. The proposed regulation would identify additional
criteria that would be "considered" when reviewing the proposed map amendments.
Mr. Palaniuk explained that there is a planning concern regarding the intrusion of more intense land
uses into areas of less intense uses. The cause of this concern is because the SVMC does not identify
criteria for approving a change to the land use designation map and the criteria for zoning map
amendments allows land use changes when adjacent to the same or higher zoning classification.
However, the code does not define the word "higher" regarding zoning classifications. The code also
includes "corner touches" and allows crossing right-of-way.
Mr. Palaniuk explained that the City has a Comprehensive Plan Land Use Designation Map which
identifies the different land uses throughout the community. Each of the uses are implemented through
the Zoning Map. These maps generally look the same, except for Single -Family Residential (SFR).
Comprehensive Plan Map Amendments are only allowed one time per year. The decision authority is
the City Council. Changes to the Comprehensive Plan Land Use Map automatically require a zoning
11-10-2022 Planning Commission Minutes
Page 3 of 4
map amendment because the two maps must be consistent. Therefore, both map amendments are done
concurrently.
Mr. Palaniuk stated that Zoning Map Amendments must be consistent with the Comprehensive Plan
land use designation. They can be requested at any time (unless a Comprehensive Plan Map amendment
is required as well). The decision authority is the Spokane Valley Hearing Examiner. Changes to the
zoning map may or may not require a Comprehensive Plan Land Use Map amendment. Any change
other than a residential zone requires a change to the Comprehensive Plan land use map.
Mr. Palaniuk said that the proposed code text language would develop criteria to "consider" for privately
initiated site -specific Comprehensive Plan Map Amendments that include the following:
• The effect on surrounding land use and traffic circulation
• The existence of logical boundaries
• Avoids creating peninsulas or protrusions into different land use zones
• Meets all zoning map amendment criteria.
Mr. Palaniuk stated that the proposed code text language would also develop criteria for site -specific
zoning map amendments that include the following:
• Avoiding protrusions into different zoning districts
• Considers boundaries and barriers
• States that properties must be adjacent to and contiguous to a similar zoning district
• Defines "similar" as allowing substantially similar uses or density.
Mr. Palaniuk explained that the existing regulations for Comprehensive Plan Map Amendments state
that changes can only occur once per year, except for limited circumstances. The proposed regulations
will keep the current existing regulations and add the following considerations:
• The effect on surrounding land uses and transportation circulation
• Avoid allowing changes that extend across freeways, highways, & railroads
• Avoid changes that create peninsulas or intrusions
• Changes would follow rezoning criteria.
Mr. Palaniuk stated that the existing regulations for the zoning map criteria state the following:
• Concurrency
• Consistent with the comprehensive plan
• Substantial relation to public health
• Is needed for comprehensive plan goals
• Adjacent to a higher zone
• Cannot be detrimental to surrounding properties
• Must have community wide benefit.
Mr. Palaniuk said that the proposed regulations will keep all the current existing regulations except for
"adjacent to a higher zone" and would add the following:
• Must avoid creating peninsulas or intrusions
• Must consider right-of-way, river, and railroad corridors
• Must be adjacent to a substantially similar zoning district
Mr. Palaniuk stated that the public hearing will be held on December 8, 2022.
Commissioner Beaulac asked about provisions and cooperation between entities for properties that are
adjacent to County properties. Mr. Palaniuk answered that most of the adjacent properties have already
11-10-2022 Planning Commission Minutes
Page 4 of 4
been given zoning designations and are outlined in the Urban Growth Area map. Mr. Bates stated that
the City and the County works together on coordination of growth in those areas.
Commissioner Haneke expressed concern about the necessity of the proposed changes and if they were
really needed. He commented that the changes could limit growth in the Valley and take away the
property owners rights to develop their property. He feels that the current regulations have enough
restrictions for approval decisions to be made.
Commissioner Delucchi commented that she thinks these changes could help preserve historic
neighborhoods in the City.
A short recess was called at 7:02 p.m. The meeting was called back to order at 7:06.
X. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order.
XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7: 07 p.m. The vote on
the motion was seven in favor, zero against and the motion passed'
Bob McKinley, Chairman Date Signed
Marianne Lemons, Secretary
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: December 8, 2022
Item: Check all that apply ® old business
❑ information
FILE NUMBER: STV-2022-0003
❑ new business ® public hearing
❑ study session ❑ pending legislation
AGENDA ITEM TITLE: Public Hearing for STV-2022-0003
DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate 21
square feet of public right-of-way adjacent to University Road.
GOVERNING LEGISLATION: Chapter 22.140 Spokane Valley Municipal Code (SVMC);
RCW 35A.47.020 and chapter 35.79 RCW
BACKGROUND: The piece of public right-of-way in question is located west of and adjacent
to University Road and is approximately 170-feet south of the intersection with 16th Avenue.
The subject piece of right-of-way measures approximately 4.5-feet east/west by 5-feet
north/south.
The right-of-way was dedicated to the City of Spokane Valley from Spokane County pursuant to
Spokane County Resolution No. 11-0698 in 2011 for purposes of placing a school zone flashing
beacon in this location. According to the Resolution, the County Engineer deemed it to be in the
best interest of the public that the property that the beacon sits upon be a part of the road right-
of-way. The beacon assembly has since been relocated to north of 16th Avenue and only the
foundation for the assembly remains on the site in question. With the exception of the foundation
for the former assembly, the right-of-way is otherwise unimproved. The right-of-way is not
being used and is not needed by the City. The subject right-of-way and foundation for the former
flashing beacon are located behind the existing sidewalk and behind the existing storm drains
within University Road. The City does not plan to remove the foundation if the right-of-way is
vacated. There are also no identified utility lines or easements that pass through the piece of
right-of-way in question.
The right-of-way is adjacent to Parcel 45291.0125 on three sides. The parcel is owned by Ann S.
Easterly 2018 Living Trust, who is also the owner of the adjacent parcel to the north, at the
southwest corner of 16th Avenue and University Road. The property owner has requested the 21-
square feet of right-of-way be vacated and aggregated into the adjacent property because it no
longer serves a public purpose.
On October 25, 2022, City Council passed Resolution 22-019 to set a public hearing date with
the Planning Commission on December 8, 2022. The Planning Commission conducted a study
session on November 10, 2022. The December 81h 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.
RECOMMENDED ACTION OR MOTION: Move to recommend approval of the proposed
street vacation to the City Council with staff conditions.
RPCA Study Session for STV-2022-0003 Pagel of 2
STAFF CONTACT: Levi Basinger.. Planner
ATTACHMENTS:
1. Staff Report
2. PowerPoint presentation
RPCA Study Session for STV-2022-0003 Page 2 of 2
COMMUNITY AND PUBLIC WORKS
BUILDING & PLANNING
dt
�n c
;4 STAFF REPORT AND RECOMMENDATION TO THE
V911ey PLANNING COMMISSION
FILE: STV-2022-0003
STAFF REPORT DATE: December 1, 2022
FILE NO: STV-2022-0003
PROPOSAL DESCRIPTION: Request to vacate 21.51-square feet of public right-of-way
adjacent to University Road.
STAFF PLANNER: Levi Basinger, Planner
APPLICANT: Ann S. Easterly 2018 Living Trust
PROPERTY OWNER: City of Spokane Valley
PROPOSAL LOCATION: The piece of public right-of-way proposed to be vacated is located
west of and adjacent to University Road, approximately 170-feet south of the intersection between
University Road and 16th Avenue, and adjacent to parcel 45291.0125; further located in the NE
quarter of Section 29, Township 25 North,
BACKGROUND:
On October 22, 2022, City Council approved Resolution No. 22-019 to set the public hearing date
for December 8th, 2022, to consider the privately initiated request to vacate 21.51-square feet of
public right of way adjacent to University Road.
The right-of-way to be vacated is located approximately 170 feet south of the intersection of 16th
Avenue and University Road. The right-of-way is a 4.5-foot-wide by 5-foot-long square area that
was originally dedicated to the City per Spokane County Resolution 11-0698 in 2011. At the time,
Spokane County was owner of the property. The City of Spokane Valley requested that a school
zone flashing beacon be installed on the property to identify the school zone near University
Elementary School. The County Engineer determined that the property where the beacon would be
located be part of the public right of way. Therefore, a piece of property measuring approximately
21-square feet adjacent to University Road was dedicated as public right of way per Spokane
County Resolution 11-0698.
The beacon assembly has since been relocated by the City north of 16th Avenue and only the
foundation for the assembly remains on the property. Apart from the foundation for the former
assembly, the right-of-way is otherwise unimproved. The subject right-of-way and foundation for
the former flashing beacon are located behind the existing sidewalk and behind the existing storm
Staff Report and Recommendation STV-2022-0003 Page I of 5
December 1, 2022
drains within University Road. The City does not plan to remove the foundation if the right-of-way
is vacated and has no use for the right-of-way. There are also no identified utility lines or
easements that pass through the piece of right-of-way in question.
The right-of-way is adjacent to Parcel 45291.0125 on three sides. The parcel is currently owned by
Ann S. Easterly 2018 Living Trust. The parcel adjacent to the subject right of way is currently
undeveloped. Properties directly west of and south of the subject site contain duplexes. The
property directly to the north, under the same ownership as the applicant, contains a gas station and
convenience store. Directly west of the gas station and convenience store, on a separate parcel,
there is a strip mall containing two businesses. University Elementary School is located to the east,
across University Road, at the southeast corner of 16th Avenue and University Road.
The property owner has requested the 21.51-square feet of right-of-way be vacated and aggregated
into the adjacent property because it no longer serves a public purpose, and it impedes the
applicant's use of their property.
APPROVAL CRITERIA:
1. Chapter 22.140 SVMC — Street Vacations
2. City of Spokane Valley Street Standards
ATTACHMENTS:
Exhibit 1: Application Packet
Exhibit 2: Maps and Site Photos
Exhibit 3: Notice of Public Hearing
Exhibit 4: Staff Comments
Exhibit 5: Agency Comments
I. PROPERTY INFORMATION
Size and Characteristics of
The area to be vacated is unimproved right-of-way and
proposed vacation:
totals approximately 21.51 square feet.
Comprehensive Plan Designation:
Neighborhood Commercial (NC)
Zoning:
Neighborhood Commercial (NC)
Adjacent Comprehensive Plan
Designation:
Neighborhood Commercial (NC)
Adjacent Zoning:
Neighborhood Commercial (NC)
Adjacent Land Use(s):
West and South — vacant parcel; North — gas
station/convenience store; East — University Road;
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-2022-0003 Page 2 of 5
December 1, 2022
The area proposed to be vacated is surrounded on three sides by the parcel owned by the
applicant. This results in a small intrusion of public right of way extending from University
Road into the applicant's property. The area as right-of-way requires maintenance by the City,
the applicant desires to take ownership and maintenance of the area and improving it as part
of their private property. The vacation of this right-of-way will better serve the public by
reducing maintenance obligations and allowing full development of the private property. The
vacation is expected to have no impact on the general public.
2. 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 or use. Stormwater improvements within
and access to the adjacent parcel would be conditioned at time of future development.
3. 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 purpose for this right of way was for
a school zone beacon, which is no longer present at this location. The previous beacon was
moved to a different location with improved visibility. Only the foundation for the former
beacon remains within the subject right of way. No additional right of way is needed to
substitute the subject right of way to be vacated.
4. Whether conditions may so change in the future as to provide a greater use or need than
presently exists?
Properties adjacent to the site in question have access along University Road. It is not
anticipated that changes would occur in the future that would require the use of the 21.5 square
feet of 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?
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; and posting at the right-of-
way to be vacated. A direct mailing was property owners adjacent to the proposed vacation,
which in this case included the applicant because their property surrounds the right-of-way on
three sides. To date, no objections by the public or governmental agencies have been received.
Conclusion(s):
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).
Staff Report and Recommendation STV-2022-0003 Page 3 of 5
December 1, 2022
III. PUBLIC COMMENTS
Findings:
No public comments were received following the notice of public hearing.
A Notice of Public Hearing sign was posted on November 18, 2022 on 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 November 17, 2022. The public hearing notice
was mailed to all owners adjacent to the area proposed to be vacated on November 9, 2022. Staff
and agencies were notified of the request on October 26, 2022 and noticed again on November
15, 2022. The notice was published in the Spokane Valley Herald on November 18, 2022 and
November 25, 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 October 26, 2022 as part
of the initial assessment of the street vacation. Notice of public hearing was provided to agencies
and service providers again on November 15, 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
10-6-2022
City of Spokane Valley Public Works — Stormwater
Yes
10-6-2022
City of Spokane Valley Public Works - Traffic
Yes
10-6-2022
City of Spokane Valley Public Works — Maintenance
Yes
10-6-2022
Spokane Valley Fire District No.1
No
Spokane County Public Works - Wastewater
Yes
10-28-2022
Spokane Regional Health District
No
Spokane Transit Authority
No
Spokane County Water District No. 3
Yes
10-27-2022
Model Irrigation District No. 18
No
Avista Utilities
Yes
10-26-2022
Lumen
Yes
10-27-2022
Comcast
No
Findings:
The application was routed to jurisdictional agencies, utilities, and public districts for review and
comment. According to comments received, no utilities are located within the right of way to be
vacated, and no agencies are opposed to the proposed vacation.
Staff Report and Recommendation STV-2022-0003 Page 4 of 5
December 1, 2022
Conclusion(s):
Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns
regarding the proposed vacation of the right-of-way adjacent to University Road.
V. OVERALL CONCLUSIONS AND FINDINGS
Staff concludes that STV-2022-0003 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 21.5 square feet of right of way adjacent to
University Road and parcel number 45291.0125 subject to the following conditions:
1. The vacated property shall be transferred to the owner of the abutting parcel 45291.0125.
2. 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.
3. 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.
4. The zoning district designation of the properties adjoining the street to be vacated shall be
automatically extended over the entirety of the 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. ,
5. 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.
6. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title
by the City.
Staff Report and Recommendation STV-2022-0003 Page 5 of 5
December 1, 2022
Exhibit 1 1
A3 011(H11100STREET VACATION APPLICATION R E C,1__1 V E D
SPOKane SV.MC 22.140
%11ey 0210 E Spnt�,�WAi edug'424pokaane Vall WA 99206
IT Phone: (509) 720-5240 4 Ffax:
V
7
Date Submitted _Ree�ceh Fee: $1420.00
Completed Application Form Together with EXHIBITS, "Alt, "B", "C", "t)". and "E" attached here.
Application Fee $1,420 check payable to City of Spokane Valley, per page 4 of City Fee Resolution 22-003.
Notice of Application Packet (17.80.110) - Adjacent Property(ies) Attached.
Written Narrative - A written narrative describing the reasons for the proposed street vacation, the
physical limits of the proposed street vacation and the public benefit of the proposed street vacation. See EXHIBIT "A"
[I Written Correspondence from Utility Purveyors N/A - No utilities serve, abut, or go thru the site to be vacated.
— Telephone -_ Cable _Electric — Other (Specify)—
Water District —Fire District —Gas Utility — Sewer Utility
Vicinity Map - Submit a map showing the general area of the proposed vacation See EXHIBIT "Bf"
Record of Survey, if available, for the subject street and/or alley proposed for vacation, and abutting
properties, streets and alleys within 100 feet on all sides of the proposed vacation.
IS Written Evidence of all easements, allowances or reservations, if available, pertaining to the street
and/or alley proposed for vacation, See EXHIBIT "C" Spokane Count-,, R"olution 11-0698, adopted 8/16/2011
No public, utility, or private easements exist on the 21 square feet requested to be vacated.
MUM111;;11 '111 I'll, 1,,'' 11 11111 1 � 1 1,11
APPLICANT NAME: Ann Easterly, Trustee of the Ann S. Easterly 2018 Living Trust.
MAILING ADDRESS: 10524 East Chinook
CITY: Spokane Vallev
STATE: WA ZIrL.99206
PHONE: (925) 922-40(X) 11 FAx: N/A I CELL: N/A I EmAJL: N/A
PROPERTY OWNER No. 1: Same as Above
MAILING ADDRESS: Same as Above
CITY: SalveJz.P. Ia., a., Attjv,
as Above _STATE: ame S
PL-1 5 Vl .O Pagel of 12
Exhibit 1
STREET VACATION APPLICATION
PHONE: Sanic as Above j FAX: N/A j CELL: N/A EMAIL: N/A
PROPERTY OWNER No. 2: N/A (only the Above.)
MAILING ADDRESS: N/A
CITY: N/,.,\ STATE: N/A I ZIP: N/A
LPHONE: N/A FAX: N/A CLL:_N/A 1 EMAIL: N/A
If more than two (2) abutting property owners, include information and written authorization on a separate
sheet of paper for each.
THE FOLLOWING IS CRITERIA EVALUATED BY THE PLANNING COMMISSION IN FORMULATING A RECOMMENDATION TO
THE CITY COUNCIL. ON A SEPARATE SHEET OF PAPER THE FOLLOWING QUESTIONS SHALL BE ANSWERED IN A
DETAILED MANNER; See Applicant's Responses to City Planiling, ('oninjission QuestiOnS, )"-AMBIT"E".
1, HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC?
2, IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC ACCESS? EXPLAIN.
3, WOULD SUBSTITUTION OF ANEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC?
EXPLAIN.
4. HOW WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAIN.
5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED
VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES. (SPECIFY)?
E. DOES THE RIGHT-OF-WAY INCLUDES TORN-PNATER DRAINAGE FACILITIES (SPECIFY)?
PLEASE NOTE:
PER RCW 35.79.040 (TITLE TO VACATED STREET/ALLEY), THE PROPERTY WITHIN A PUBLIC STREET
OR ALLEY VACATED BY THE CITY COUNCIL SHALL BELONG TO THE ABUTTING PROPERTY OWNERS,
ONE-HALF (1 /2) TO EACH. THEREFORE, PROPERTY OWNER SHALL BE REQUIRED TO SIGN THE STREET
VACATION APPLICATION,
PL-1 5 V1 .0 Page 2 of 12
STREETVACATION APPLICATION
PER RESOLUTION 07-009 OF THE CITY OF SPOKANE VALLEY, THE CITY
COUNCIL HAS THE AUTHORITY TO IMPOSE CHARGES FOR STREET/ALLEY VACATION PURSUANT TO
RCW 36.79-030
i I a ml 111 gas 11 LaTig gj I Lei I m it I I a L#j
1, Ann Easterly , (print name) swear or affirm
truthfully and to the best of my knowledge.
(Signature) nn Easterly, Trustee
Ann S. Easterb �fvjngjr Trust
ss:
COUNTY OF SPOKANE
SUBSCRIBED AND SWORN to before me this
NATASHA NELSEN
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Notary Public
Washington 0,
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State of Washington siding at
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Commission # 186813
. Expires
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MY COMM Expires Sep a, 2024
_x
Z� -1 A-1 1�11 My appointment expires,_ -1
7F
that the above responses are made
September,, 2022
(Date)
Public in and for the State of Washington
LEGAL OWNER NO. 1 AUTHORIZATION:
If the applicant is not the legal owner(s), the owner must provide the following acknowledgement;
N/A , owner of the above described property do hereby
authorize to represent me and my interests in all matters
regarding this application.
LEGAL OWNER NO. 2 AUTHORIZATION:
If the applicant is not the legal owner(s), the owner must provide the following acknowledgement;
PL-1 5 V1.0 Page 3 of 12
Exhibit 1
fl 14 000 �- STREET VACATION APPLICATION
N/A owner of the above described
property do hereby authorize to represent me and my interests in all matters
regarding this application.
PL-1 5 V1.0 Page 4 of 12
Exhibit 1
AMMx.
Written Narrative
ProjeCl
SE 2
'O,S,V
R E'�,`
Applicant requests that the City of Spokane Valley release its
approximately 21 square feet of land located in the Northeast comer of Applicant's
property. Applicant's property is located on the West side of University Road
across from the parking lot of the University Elementary School. Spokane
County gave the 21 square feet to the City for placement of a school flashing
beacon. However, the City found that location unsuitable for placement of such a
sign. As the 21 square feet serves no public purpose and provides no public
benefit, Applicant requests the City to release its interest.
Years ago, Spokane County owned the property. I Just before it sold the
property in August 2011, the County dedicated approximately 21 square feet of it
to the City. The dedication was for placing a flashing beacon to slow traffic
within University Elementary School's traffic zone. Years later, Applicant
purchased the property in 2014.
Thereafter, the City positioned signs at the approaches to University
Elementary School's traffic zone to de -accelerate traffic speed. The City placed
two Eltec radar detecting, speed reduction signs at the northern and southern
boundaries of the School's traffic zone on University Road. These technology
driven, direct current/solar powered, signs were positioned to give maximum
notice, sufficient time, and adequate distance for traffic to de -accelerate to the 20
mile per hour speed limit within University Elementary's School traffic zone.
The 21 square feet the County dedicated has remained dormant ever since.
Conclusion
Everyone would agree that the City should hold and maintain land if there is
a public use or purpose in doing so. Here, there is not. The dedication is of no
use or purpose to the City. Further, as dedication is located on private property, it
impedes Applicant's use of her land.
For these reasons, Applicant requests, respectfully, that the City vacate the
21 square feet on her property.
' Having no address, the property is designated by Assessors Parcel Number 45291.0125.
0
EXHIBIT "A" - Written Narrative - attached to Street Vacation Application Page 5 of 12
Exhibit 1
08/26/2011 12:25:35 PM 6823828
ReaordlN F** SU-M Pa" I of 3
Resolution SPDXAW, COUNTY EEM ADMIN
Spokane County Kashington
1 1-11MAN IN M, 14114 1110 11 m0i 91 0
After Recording Return To:
Spokane County Engineer's Office
Attn.: Engineering Administration
1026 West Broadway Avenue
Spokane, WA 99260-0170
Document Title: Resolution No. 11 -0698
Reference Number of Related Documents: N/A
Grantor: Government, County of Spokane
Grantee: Government, City of Spokane Valley
L- t
C
Legal Description: NE 1/4 of Section 29, Township 25 North, Range 44 East, W.M., Spokane
County, WA
Assessors Tax Parcel ID Number: Portion of 45291.0125
The County will rely on the information provided on this form. The Staff will not read the document
to verify the accuracy or Completeness of the indexing information provided herein.
EXHIBIT "C" - County Resolution 11 -0698 - attached to Street Vacation Application Page 7 of 12
TOW
5r
Aft,w Rewnhog Remm to: Spoiame County Engiam
net: EnginemingAdmiabnation,
tO26W. Ave.,BM*dwxy
Spokun WA M60
MMMUCCECOM]
IN THE MATTER OF DEDICATION OF
COUNTY GENERAL OWNED PROPERTY FOR
RIGHT OF WAY PURPOSES TO THE CITY OF RESOLUTION
SPOKANE VALLEY
COUNTY ENGINEER'S ROAD FILE NO. 1504
WHEREAS, pursuant to the provisions of RCW 36.32.12fX6), the Board of County
Commissioners of STX*Mc County (hatinaft sometimes referred to as the "Board") has the care
of County property and the management of County funds and business; and
WHEREAS, pursuant to the provisions of RCW 36.34.290 and RCW 36.34.300 the Board
of County Commissioners may dedicate any county land to public use for public su-ects and alleys
in any city or town; and
WHEREAS, the City of Spokane Valley has requested that a school flashing beacon at
16'h and University be located on County property showing the speed of the cats near University
Elementary School; and
WHEREAS, the County Engineer deents it to be in the best interest of the public that the
property that the beacon sits upon should be a pan of the road right-of-way, and
WHEREAS, the portion to be dedicated for road right of way has the following legal
description:
That portion of Parcel "A" described as follows, commencing at the North
East Corner of said Parcel "K' being the South East corner of that Tract of
Land as shown on Recardi Of Survey Book 144 page 94 Spokane County
Auditor'* Office; Then" s or 39' 29" W along the West right of way line of
University Road a distance of 10.02 feet to The True Point Of Beginning of
this dedication; Thence N 89* 651 44" W parallel with the South line said Tract
a distance of 4.42 last Thence S 00* 04' 16" W a distance of 5.00 feet
Thence S 99* 65' 44" E a distance of 4.19 feet to said West right of way of
University Road; Thence N 02' 39' 29" E along the Weft right of way (ins of
said UnNeralty Road a distance of 5.01 foot to The True Point Of Beginning:
Containing 21.S1 aq feet more or less.
Parcel "A"
Lots 4 and 5 and the east 20 feet of Lots 3 and 6, Block "A" of Chester
Hills Addition, as per plat thereof recorded in Volume I of Plate, Page
92.
Except the north 50 feet of Lob 3 and 4 of said Chester Hills Addition.
Except University Road
Located in the Northeast Quarter (NE 1/4) of Section 29, Township 25
North, Range 44 East W.M. Spokane County, Washington.
EXHIBIT "C" - County Resolution 11-0698 - attached to Street Vacation AppliGation P,41111mmm
I
Exhibit 1
WHEREAS, the Spokane County Engineer deems it in the best interests of the public that
the previously described beacon property be dedicated to the City of Spokane Valley for streets and
recommends approval of this dedication for roadway purposes; and
THEREFORE BE IT RESOLVED by the Board of County Commissioners of Spokane
County, Washingtoa, pursuant to the provisions of RCW 36.32.120(6) and RCW 36.34290, that
the Board does hereby approve the recommendation of the County Engineer and that the property
be dedicated to the City of Spokane Valley for right of way purposes.
ADOPTED by the Board of County Commissioners of Spokane County, Washington this
16" day of August, 2011.
v4 CosASr
Al4.y,,
JZAL
jr
ATTEST:
_ ToZlMielke, Vice-Cbarr
Daniel& Erickson /f — CJj4 98 4MR rclrard, ZCmm.%Cion
Cleric of the Board
STATE OF WASMN- GTON }
} ss.
County of Spokane }
On Phis °f 2011, before me, the urtiersigned, a Notary Public in
ami for the State of Washington du oned and sworn perxxrnliy appcarod Al French,
F
hikdke, axrd l►Sarit Richard ur me known to be the Commissicmas of t#rc Board of County
ussi ncrs of Spaierne Cou�y, a political subdivision of tine S of Washington, brat executed
ithin atxi foregoing insstnmment, and aclmowlodged the said instntmrcrit to be the free and
tary acx and deed of said political subdivision for rbc tsar and ptuposts therein mtntiorrcd and
on oath stated that they were art$rarixsd to execute said instrument and that the seal of bwd is the seal
of said County.
ITV WITNESS WHEREOF, I have hereunto set my han affixed my�SCW thee day and
yarn first written above.
�j��_L1�1iSd1L,�' l
NOTARY PUBIC in and for the State of
Washington, residing at s
My commission expires:
Agreed to this day of2011. `0rtt+rrrrr�r�r
v . *V7i'�Y
tn. Pi18� i
:F�:tio� =2'`
0 ti��=.».�� •r��O�
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EXHIBIT "C" - County Resolution 11-0698 - attached to Street Vacation Application Ptge 9 of 12
T����jmrmm Wo
Assessors Parcel Number: 45291.0124
Address: 10620 East 16' Avenue
Owner: Ann S. Easterly 2018 Living Trust, Ann Easterly Trustee
Assessors Parcel Number: 45291.0102
Address: 10604 East Wh Avenue
Owners: Paul Singh & Gurprect Kaur
Assessors Parcel Number: 45291.0122
Address: 1710 South University Road
Owners: Arthur C & Rosanna L. Sharpe
C. Property to the East (across University Road) of APN 45291.0121C.7
Assessors Parcel Number: 45282.9004
Address: 1613 South University Road
Owner. Central Valley School District #356
19307 E Cataldo Avenue, Greenacres, WA 99016-9489
Assessors Parcel Number: 45291.0117
Address: 1615 South Oberlin Road
Owner: Peggy L. Trout
Assessors Parcel Number: 45291.0118
Address: 1623 South Oberlin Road
Owners: Kurt M. & Shelley M. Brown
Assessors Parcel Number: 45291.0119
Address: 1703 South Oberlin Road
Owners: Joshua M. Grafos and Michelle Hellhake
EXHIBIT "D" - List of Parcels Abutting Applicant's Property Page 10 of 12
Exhibit 1
EXHIBIT "Ell
Responses to Application Questions concerning The Land to be Vacated.
THE FOLLOWING QUESTIONS HAVE BEEN POSED BY THE PLANNING COMMISSION
WITHIN THE STREET VACATION APPLICATION. APPLICANT'S RESPONSES WILL BE
EVALUATED IN FORMULATING RECOMMENDATIONS TO THE CITY COUNCIL.
Applicant's responses are in blue below. The land Applicant requests the City to
vacate is referred to below simply as "the 21 square feet."
1. HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY
IMPROVE SERVICE TO THE PUBLIC?
For many years. the 21 square feet has not sciAed any public purpose
or provided any benefit to the public. This remains unchanged to the
Z:-
present day. Thus, the City's vacation of the 21 square feet will have no
effect on service to the public.
2. IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR
PUBLIC ACCESS? EXPLAIN.
Years aaw. the City found the location of the 21 square feet unsuitable
for a school traffic zone speed reduction si(m. The 21 square feet is in the
middle of University Elementary School's traffic zone, where a speed.
reduction sign has little or no effect in slowing traffic. Instead. the City
placed advanced, radar detecting, speed reduction signs at the northern and
southern boundaries of the School's traffic zone on University Road. At
such 'locations, the speed reduction signs have maximum effect in providing
oncoming traffic advance notice, sufficient time, and adequate distance to
reduce speed. For this reason., the 21 square feet is not required for public
use.
3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-
WAY BETTER SERVE THE PUBLIC? EXPLAIN.
This question appears inapplicable as the 21 square feet is not pail of
the public right-of-way to University Road. Instead, it is located on private
property. Moreover, as the City has already placed radar detecting speed
reduction signs at more appropriate locations, the 21 square feet is not
necessary. As it is not part of the public right-of-way and the City has
EXHIBIT "E" - Applicant's Responses to City Planning Commission Questions Page 11 of 12
Exhibit 1
already chosen more suitable locations, the question of substituting a new or
different public right-of-way would riot appear to apply here.
4. HOW WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY
FUTURE CONDITIONS? EXPLAIN.
This question is not applicable as the 21 square fect is not part of the
public right-of-way to University Road. Instead, it is located on private
property. The question of how use or need. "... for 'this 'right of way will
be affected by ffiture conditions," does not seem applicable here.
too 9 1►
There are no known utility easements running on, through, or adjacent
to the 21 square feet. All stonriwater drainage, water, and sewer utilities are
located within University Road's public right-of-way. Individual water
semices, fire hydrants, and sewer services are all served by lateral
connections, none of AAhich are anywhere close to the 21 square feet. Dry
utility easernents held by investor -owned utilities, such as Awsta, are all
located on the opposite (East) side of University Road.
No. The storrnwater drainage inlets and underground collection ducts
are all located within the University Road public right-of-way, Again, the
21 square feet is located on private property, outside of the public right-of-
way to University Road.
EXHIBIT "E" - Applicant's Responses to City Planning Commission Questions Page 12 of 12
-,>politane, VYA - geoAavaniage DY ClentrY UYnaMICS
Exhibit 2
W'dlizz, t1:40 AM
This map/plat is being furnished as an am in locating the herein described [arid in relation to adjoining streets,
10 E Spc".arre Fafls Bivc, natural boundaries and other land, and is not a survey of the land derarled Except to the extent a policy of title
Sp*ane IN;, 99202 insurance is expressly modified by endorsement, if any, the company does not insure dimensions, distances
-ne location of easements, acreage or other matters shown thereon,
Fax -856-1537-�trKY2
firm Americau
EXHIBIT "B" - Vicinity Map - attached to Street Vacation Application Page 6 of 12
iN
Exhibit 2
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Exhibit 2
Spok,.,ne Valley
Exhibit 3
NOTICE OF PUBLIC HEARING
For Street Vacation
THE SPOKANE VALLEY COMMUNITY & PUBLIC WORKS IS SENDING THIS NOTICE OF PUBLIC HEARING TO ALL
PROPERTY OWNERS ABUTTING THE PUBLIC RIGHT OF WAY TO BE VACATED BASED ON THE MOST CURRENT
RECORDS FROM THE SPOKANE COUNTY ASSESSOR'S OR TREASURER'S OFFICE.
Hearing Date: Thursday, December 8, 2022 beginning at 6:00 p.m.
The required public hearing for Street Vacation Application file no. STV-2022-0003 shall be conducted before the Spokane
Valley Planning Commission in such manner as provided by law on December 8, 2022, beginning at 6:00 p.m., or as soon
thereafter as practical.
Meeting Details: The hearing will be conducted in person, with the option to attend remotely using web and telephone
conference tools. Join Zoom meeting by computer, smartphone, or tablet at: A link to the Zoom meeting will be provided on
the agenda and posted to the City's webpage: www.spokarievallev.orJplannin�-,commission.
Application/Description of Proposal: The City has received a request to vacate 21-square feet of public right of way adjacent
to the westside of University Road.
Applicant: Ann S. Easterly 2018 Living Trust. 10524 E Chinook Road, Spokane Valley, WA 99206
Owner: City of Spokane Valley. 10210 E Sprague Avenue, Spokane Valley, WA 99206
Location of Proposal: The piece of public right-of-way in question is located west of and adjacent to University Road,
approximately 170-feet south of the intersection between University Road and 16th Avenue, and adjacent to parcel 45291.0125;
further located in the NE quarter of Section 29, Township 25 North, Range 44 East, Willamette Meridian, Spokane Valley,
Washington.
Environmental Determination: The Planning Division has reviewed the proposal/project and has determined that the project
is categorically exempt pursuant to WAC 197-11-800 and City of Spokane Valley Municipal Code (SVMC); Title 21
(Environmental Controls) from environmental review under the provisions of the State Environmental Policy Act (SEPA).
Approval Criteria: Chapter 22.140 (Street Vacations) SVMC; Title 21(Environmental Controls) SVMC; the City of Spokane
Valley Street Standards; the Regional Stormwater Manual; and the Spokane Regional Health District regulations.
Hearing Process: The Planning Commission will conduct the hearing pursuant to the rules of procedure adopted in Title 18
(Boards and Authorities) SVMC. The Planning Commission holds the public hearing to receive comments and forwards a
recommendation to the City Council for an ordinance adoption.
The public is encouraged to provide comment in person at the hearing, or to submit written comments prior to the hearing by
sending the comments to Levi Basinger, 10210 E Sprague Ave, Spokane Valley, WA 99206, or email to
lbasin er ,spokanevalley.on� Comments will need to be submitted no later than 4:00 PM on December 8, 2022 in order for
them to be received and prepared for submission into the record. Comments received will be entered into the record at the time
of the public participation portion of the Public Hearing. Comments received through US Mail will be included if they are
received prior to the hearing.
All interested persons may testify at the public hearing in person or via the zoom meeting address and/or phone number.
Interested persons will need to sign up via ZOOM to speak no later than 4:00 p.m. on December 8, 2022 at the link provided
in the agenda posted at the link referenced above. Use the link above to sign up for oral public comments. The link will direct
you to directions to sign up for oral public comments. This is not an opportunity for questions or discussion. Remarks will be
limited to three minutes per person. Written comments and documents may only be submitted prior to the hearing. Any appeal
Exhibit 3
of the decision will be based on the record established before the Planning Commission, pursuant to Chapter 17.90 (Appeals)
SVMC.
Staff Report and Inspection of File: A staff report will be available for inspection seven (7) calendar days before the hearing.
The staff report and application file may be inspected by logging on to the Spokane Valley SmartGov Public Portal at this web
address:_ci-spokanevallev- a.smartgovcornmu ity.com/Public/H`ome. Go to applications and search for STV-2022-0003 to
review or download the staff report. If you have any questions, please contact Levi Basinger, Planner, Building & Planning
Division, at lasingerlc spokanevalley.oi•g.
Exhibit 4
From: )erremy Clark
To: Levi BasinQeer Ryan KinD Shane ArIC Aaron Clarv; Chad Rioos; Gloria Mantz
Cc: Bill H I i Chaz Bate s; Greg Baldwin
Subject: RE: Street Vacation Request STV-2022-0003
Date: Thursday, October 6, 2022 9:58:07 AM
Attachments: imaae0O.ina
Correction, there is a foundation to an old school zone flashing beacon assembly. The assembly was
relocated north of 16th and the old foundation was left in place. Traffic does not plan to remove the
foundation if the ROW is vacated, however, there are no objections to the vacation.
Please let me know if there are any questions or comments, I appreciate your feedback.
Thank you,
errer y Clark, PE, PTOE 1 Traffic Engkni ering iVlanage
C� e., kh, r. �)
;;�a�an� Vai��'�� ��A ; 5�9.;;_0.5019 5 iciarkc�spa aneva ey.org
-:, v _.
u _ _ ;u
From: Jerremy Clark
Sent: Thursday, October 6, 2022 9:49 AM
To: Levi Basinger <Ibasinger@spokanevalley.org>; Ryan Kipp <rkipp@spokanevalley.org>; Shane Arlt
<sarlt@spokanevalley.org>; Aaron Clary <aclary@spokanevalley.org>; Chad Riggs
<criggs@spokanevalley.org>; Gloria Mantz <gmantz@spokanevalley.org>
Cc: Bill Helbig <bhelbig@spokanevalley.org>; Chaz Bates <cbates@spokanevalley.org>; Greg Baldwin
<gbaldwin@spokanevalley.org>; Ryan Kipp <rkipp@spokanevalley.org>
Subject: RE: Street Vacation Request STV-2022-0003
Levi,
Traffic does not support this vacation. I am unaware of the timeline, but this portion of ROW
appears to have been acquired for the placement of the school zone flashing beacon on University
Road. There is currently a school zone flashing beacon assembly installed at this location.
Please let me know if there are any questions or comments, I appreciate your feedback.
Thank you,
Jerremy Clark, PE, PTOE j Traffic Engineering i'v1anage-
Spokane Valley, VVA t 509.720.5019 i jclark(d)sookanevaliey.ora
is e 3 d anv�_ .�s w _ �. _ t'
v<Y.
From: Levi Basinger <Ibasinger(Dsc_)okanevalle org>
Sent: Thursday, October 6, 2022 9:28 AM
To: ]enemyClark Ryan Kipp < Shane Arlt
Aaron Clary Chad Riggs
<;G|oria K4antz<
Cc: Bill He|big <; [haz Bates ; Greg Baldwin
Subject: Street Vacation Request STV-2022-0003
We received a street vacation application (file no. STV-2022-0003) to vacate a 21-square foot
portion of public right of way adjacent to University Road, south of 16th Avenue. The ROW of right of
way is surrounded on three sides by Parcel No. 45291.0125. See the attached exhibits for additional
information. I do not believe staff have had the opportunity to review this vacation prior to
application submittal.
I am doing due diligence to determine, if this is a vacation of ROW the City would support. in
addition, are there any requirements/improvements required to vacate the ROW atpreliminary
observation?
Comments are requested by Tuesday, October 11, if possible.
Thank you,
Levi
Exhibit 4
From: Bill H I i
To: Jerremy Clark; Levi Basinger. Rvan Kip o; Shane Arlt Aaron Clary; Chad RiaaGloria Mantz
Cc: Chaz Bates; Greg Baldwin
Subject: RE: Street Vacation Request STV-2022-0003
Date: Thursday, October 6, 2022 10:40:06 AM
Attachments: image001.ioa
Since the area is no longer required by Traffic, I concur with Jerremy.
Bill
From: Jerremy Clark <jclark@spokanevalley.org>
Sent: Thursday, October 6, 2022 9:58 AM
To: Levi Basinger <Ibasinger@spokanevalley.org>; Ryan Kipp <rkipp@spokanevalley.org>; Shane Arlt,
<sarlt@spokanevalley.org>; Aaron Clary <aclary@spokanevalley.org>; Chad Riggs
<criggs@spokanevalley.org>; Gloria Mantz <gmantz@spokanevalley.org>
Cc: Bill Helbig <bhelbig@spokanevalley.org>; Chaz Bates <cbates@spokanevalley.org>; Greg Baldwin
<gbaldwin@spokanevalley.org>
Subject: RE: Street Vacation Request STV-2022-0003
Correction, there is a foundation to an old school zone flashing beacon assembly. The assembly was
relocated north of 16th and the old foundation was left in place. Traffic does not plan to remove the
foundation if the ROW is vacated, however, there are no objections to the vacation.
Please let me know if there are any questions or comments, I appreciate your feedback.
Thank you,
Jerremy Clark, PE, PTOE I Tra rlc. e ,l ril g N'lanager
Spokane Malley, tNA ! 509.72-0.5019 1, jclark2spokanevalley.org
From: Jerremy Clark
Sent: Thursday, October 6, 2022 9:49 AM
To: Levi Basinger <I,Basinger{a�s,,okalievalley.or2>; Ryan Kipp <ri<i:, ,asc,oka-nevallev.�rp>; Shane Arlt
<sarlt(EDsnokanevaiiey,or3>; Aaron Clary<aclar�,asookanevallev.orL>; Chad Riggs
<cri22s(csr)oka: 1,y�il?,j/.orF>; Gloria Mantz < f7�?i�iZt z S K3 fit (lE.' r.Clr >
Cc: Bill Helbig Chaz Bates<cbates(a-xspoltia,r,evalfpv.c:r�>; Greg Baldwin
<ghaidwint@s�-)okanevallw orZ>; Ryan Kipp <rki ;tE)s>nokahevallev.orir>
Subject: RE: Street Vacation Request STV-2022-0003
Levi,
Traffic does not support this vacation. I am unaware of the timeline, but this portion of ROW
appears to have been acquired for the placement of the school zone flashing beacon on University
From: Aaron Clam
To: Levi Basinger
Cc: Bill Helbia; Chaz Bates; Greg Baldwin; Jerremy Clarlc Ryan Kipp Shane Arrl Chad Rivas Gloria Man tr Chad
Phillips
Subject: RE: Street Vacation Request STV-2022-0003
Date: Thursday, October 6, 2022 11:16:16 AM
Attachments: image001,iog
Levi-
Stormwater has no issues with this street vacation.
From: Levi Basinger <Ibasinger@spokanevalley.org>
Sent: Thursday, October 6, 2022 9:40 AM
To: Jerremy Clark <jclark@spokanevalley.org>; Ryan Kipp <rkipp@spokanevalley.org>; Shane Arlt
<sarlt@spokanevalley.org>; Aaron Clary <aclary@spokanevalley.org>; Chad Riggs
<criggs@spokanevalley.org>; Gloria Mantz <gmantz@spokanevalley.org>
Cc: Bill Helbig <bhelbig@spokanevalley.org>; Chaz Bates <cbates@spokanevalley.org>; Greg Baldwin
<gbaldwin@spokanevalley.org>
Subject: RE: Street Vacation Request STV-2022-0003
I realized I will be absent on October 11, so if you are able, please provide your comments to me by
Monday, October 10.
I apologize for the short notice.
Thank you,
Levi Basinger I Planner
10210 E. Sprague Avenue I Spokane Valley, WA 99206
(509) 72075332 1 lbasrngecC4- ookanevaliev.or
From: Levi Basinger
Sent: Thursday, October 6, 2022 9:28 AM
To: Jerremy Clark <i -Iark(@spokanevalIev orb; Ryan Kipp <rkin,,Pspokanevalley or�>; Shane Arlt
<sarlt spokanevallev org>; Aaron Clary <aclarvPsookanevaliev.ore>; Chad Riggs
<criR,,gst@spokanevalley QrZ>; Gloria Mantz <gmantzPspokanevalley.ore>
Cc: Bill Helbig <bhelbig(Mspokanevaliev.org>; Chaz Bates <cbatesPsr2okanevalley.org>; Greg Baldwin
<Rbaldwint@sookanevallev.org>
Subject: Street Vacation Request STV-2022-0003
Exhibit 4
From: Gloria Mantz
To: Levi Basinger
Subject: RE: Street Vacation Request STV-2022-0003
Date: Thursday, October 6, 2022 11:21:45 AM
Attachments: image00t.ono
imane002.ino
Hi Levi, as discussed I support this vac
From: Chad Riggs <criggs@spokanevalley.org>
Sent: Thursday, October 6, 2022 11:11 AM
To: Levi Basinger <Ibasinger@spokanevalley.org>; Jerremy Clark <jclark@spokanevalley.org>; Ryan
Kipp <rkipp@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Aaron Clary
<aclary@spokanevalley.org>; Gloria Mantz <gmantz@spokanevalley.org>
Cc: Bill Helbig <bhelbig@spokanevalley.org>; Chaz Bates <cbates@spokanevalley.org>; Greg Baldwin
<gbaldwin@spokanevalley.org>
Subject: RE: Street Vacation Request STV-2022-0003
Levi,
DE supports this street vacation.
Thank you,
Chad Riggs, P.E. I Senior Engineer
10210 E. Sprague Avenue I Spokane Valley, WA 99206
(509) 720-5033 1 criggs(@spokanevalley.org
This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, Chapter
42.56 RCW.
From: Levi Basinger<ihasinRerCa-)s,,)okaneval'=.ev.ore>
Sent: Thursday, October 6, 2022 9:28 AM
To: Jerremy Clark <iclarkCcDsraokanevallev.or2>; Ryan Kipp <rkin: t'�snokanevaiiev.cre>; Shane Arlt
<sarlt(@snokanEev, lev ors>; Aaron Clary <aciarrrl s ,;,kanevaliQ ; Chad Riggs
<rri S(y} spQkaneyalrg >; Gloria Mantz <gma it7_ Q�s �iC V it �/.0 t >
Cc: Bill Helbig <bhelbig Psnckanevallev.org>; Chaz Bates <cbatesPcLsookane r He- r rp>; Greg Baldwin
<gbaidwinC)snokanevallev org>
Subject: Street Vacation Request STV-2022-0003
'—
From: Shane Arlo
To: Levi Basinger
Subject: RE: Street Vacation Request STV-2022-0003
Date: Thursday, October 6, 2022 12:36:51 PM
Attachments: imaaeQ01Jou
No issues with the vacation from street maintenance.
Shane
From: Levi Basinger <Ibasinger@spokanevalley.org>
Sent: Thursday, October 6, 2022 9:28 AM
To: Jerremy Clark <jclark@spokanevalley.org>; Ryan Kipp <rkipp@spokanevalley.org>; Shane Arlt
<sarlt@spokanevalley.org>; Aaron Clary <aclary@spokanevalley.org>; Chad Riggs
<criggs@spokanevalley.org>; Gloria Mantz <gmantz@spokanevalley.org>
Cc: Bill Helbig <bhelbig@spokanevalley.org>; Chaz Bates <cbates@spokanevalley.org>; Greg Baldwin
<gbaldwin@spokanevalley.org>
Subject: Street Vacation Request STV-2022-0003
am
We received a street vacation application (file no. STV-2022-0003) to vacate a 21-square foot
portion of public right of way adjacent to University Road, south of 16th Avenue. The ROW of right of
way is surrounded on three sides by Parcel No. 45291.0125. See the attached exhibits for additional
information. I do not believe staff have had the opportunity review hi vacation prior to
application submittal.
I am doing due diligence to determine, if this is a vacation of ROW the City would support. In
addition, are there any requirements/improvements required to vacate the ROW at preliminary
observation?
Comments are requested by Tuesday, October 11, if possible.
Thank you,
Levi Basinger I Planner
10210 E. Sprague Avenue I Spokane Valley, WA 99206
(509) 720-5332 1 Ibasin e _L)okanevalley.org
ILS
Exhibit 5
From: Lange, Connor
To: Levi Basinaer
Subject: RE: [External] STV-2022-0003 Agency Review Routing
Date: Wednesday, October 26, 2022 4:18:01 PM
Attachments: imaae001.iao
[EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening
attachments or clicking links.
Avista has no facilities within the area to be vacated and no additional comments.
Thankyou
From: Levi Basinger <Ibasinger@spokanevalley.org>
Sent: Wednesday, October 26, 2022 3:59 PM
To: Bill Helbig <bhelbig@spokanevalley.org>; Chad Phillips <cphillips@spokanevalley.org>; Jerremy
Clark <jclark@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Austin Morrell
<MorrellA@SpokaneValleyFire.com>; Traci (HarveyT@SpokaneValleyFire.com)
<HarveyT@spokanevalleyfire.com>; planningactions@spokanecounty.org; Paul Savage
<psavage@srhd.org>; mrehfeldt@spokanetransit.com; Justin Van Dyke <jvandyke@scwd3.org>;
rickaneal@gmail.com; Lange, Connor <Connor.Lange@avistacorp.com>; Weingart, LuAnn
<LuAnn.Weingart@avistacorp.com>; bryan_richardson@cable.comcast.com; Stoddard, Karen
<Karen.Stoddard@lumen.com>
Cc: Chaz Bates <cbates@spokanevalley.org>
Subject: [External] STV-2022-0003 Agency Review Routing
All,
Please review the attached application material for a proposed street vacation (file no. STV-2022-
0003) of a 21-square foot piece of right of way adjacent to University Road south of 16th Avenue.
Submit your written comments that include any conditions or easements required to preserve
utilities or access.
COMMENT PERIOD ENDS: Wednesday, November 9, 2022 @ 5:00 p.m.
If you have any questions, please do not hesitate to contact me.
Levi Basinger ( Planner
10210 E. Sprague Avenue I Spokane Valley, WA 99206
(509) 720-5332 1 lbasin�er@sookanevallev.org
i�
Exhibit 5
From: Justin Van Dyke
To: Levi Basinaer
Subject: RE: SN-2022-0003 Agency Review Routing
Date: Thursday, October 27, 2022 8:34:30 AM
Attachments: image002.ono
irnaae003.ino
[EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening
attachments or clicking links.
No utilities for Spokane County Water District No. 3 will be impacted through the proposed street
vacation and therefore is recommended for approval.
Thank you,
From: Levi Basinger <Ibasinger@spokanevalley.org>
Sent: Wednesday, October 26, 2022 3:59 PM
To: Bill Helbig <bhelbig@spokanevalley.org>; Chad Phillips <cphillips@spokanevalley.org>; Jerremy
Clark <jclark@spokanevalley.org>; Shane Arlt <sarit@spokanevalley.org>; Austin Morrell
<MorrellA@SpokaneValleyFire.com>; Traci (HarveyT@SpokaneValleyFire.com)
<HarveyT@spokanevalleyfire.com>; planningactions@spokanecounty.org; Paul Savage
<psavage@srhd.org>; mrehfeldt@spokanetransit.com; Justin Van Dyke <jvandyke@scwd3.org>;
rickaneal@gmaii.com; Connor.Lange@avistacorp.com; luann.weingart@avistacorp.com;
bryan_richardson@cable.comcast.com; Stoddard, Karen <Karen.Stoddard@lumen.com>
Cc: Chaz Bates <cbates@spokanevalley.org>
Subject: STV-2022-0003 Agency Review Routing
21
Please review the attached application material for a proposed street vacation (file no. STV-2022-
0003) of a 21-square foot piece of right of way adjacent to University Road south of 16th Avenue.
Submit your written comments that include any conditions or easements required to preserve
utilities or access.
COMMENT PERIOD ENDS: Wednesday, November 9, 2022 @ 5:00 p.m.
If you have any questions, please do not hesitate to contact me.
Exhibit 5
From:
Stoddard, Karen
To:
Levi Basincer
Subject:
RE: STV-2022-0003 Agency Review Routing
Date:
Thursday, October 27, 2022 3:46:41 PM
Attachments:
imaae002.iw
image004.ion
image0ol.ioo
[EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening
attachments or clicking links.
Levi,
Lumen doesn't have any facilities in the proposed street vacation and we have no objections to the
proposed vacation.
Thanks, Karen
Karen Stoddard
Capacity Provisioning Specialist
1020 E Cataldo Ave, Spokane, WA 99202
tel: 509-666-8534
Karen, Stoddard@lumen.com
From: Levi Basinger <Ibasinger@spokanevalley.org>
Sent: Wednesday, October 26, 2022 3:59 PM
To: Bill Helbig <bhelbig@spokanevalley.org>; Chad Phillips <cphillips@spokanevalley.org>; Jerremy
Clark <jclark@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Austin Morrell
<MorrellA@SpokaneValleyFire.com>; Traci (HarveyT@SpokaneValleyFire.com)
<HarveyT@spokanevalleyfire.com>; planningactions@spokanecounty.org; Paul Savage
<psavage@srhd.org>; mrehfeldt@spokanetransit.com; Justin Van Dyke <jva n dyke@ scwd3.o rg>;
rickaneal@gmail.com; Connor.Lange@avistacorp.com; luann.weingart@avistacorp.com;
bryan_richardson@cable.comcast.com; Stoddard, Karen <Karen.Stoddard@lumen.com>
Cc: Chaz Bates <cbates@spokanevalley.org>
Subject: STV-2022-0003 Agency Review Routing
All,
Please review the attached application material for a proposed street vacation (file no. STV-2022-0003)
of a 21-square foot piece of right of way adjacent to University Road south of 16th Avenue.
Submit your written comments that include any conditions or easements required to preserve utilities
or access.
COMMENT PERIOD ENDS: Wednesday, November 9, 2022 @ 5:00 p.m.
Exhibit 5
To |ley.or
From: Andrew Cripps
Date: 10/28/2022
SubUect:3TV'2OZ2'0003
Project Name:
Stage: Vacation ofROW/Street
Description: Vacate 2l5Fpiece ofpublic right ofway
Site Address:
The Spokane County Public Works Wastewater
FA01
System Division has no objection to the finalization of
the above mentioned project.
If your project requires a sewer plan submittal, please refer to the requirements here:
°
Development Plan Review Checklist
Additional General Commercial Sewer information can befound here:
�General Commercial Sewer info / Water Usage Estimate Form
Sewer Planning and Design vvebpuge
w Sewer Planning & Design
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N
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: December 8, 2022
Item: Check all that apply ❑ old business ® new business ® public hearing
❑ information ❑ study session ❑ pending legislation
AGENDA ITEM TITLE: CTA-2022-0003 Comprehensive Plan Map and Zoning Map Amendments
GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040.
PREVIOUS COMMISSION ACTION: Study session: October 13 and November 10, 2022.
BACKGROUND: Review of past privately initiated site -specific Comprehensive Plan land use and zoning
map amendments identified a need for code text amendments to SVMC 19.30.010 Comprehensive Plan
text and map amendments and SVMC 19.30.030 Site -specific zoning map amendments. Pursuant to SVMC
19.30.040 modification to SVMC Titles 17 through 24 are classified as a Type IV development application
and require the Planning Commission to hold a public hearing and provide a recommendation to City
Council.
Chapter 19.30 SVMC (Changes and Amendments) outlines the process for amending the Comprehensive
Plan (text and map), area -wide rezones, site -specific rezones. A review of chapter 19.30 SVMC found that
there were two related issues: (1) there are no criteria for privately initiated site -specific Comprehensive
Plan land use amendments and (2) a property can be eligible for a site -specific zoning map amendment if
it is adjacent to a property zoned the same or higher zone; adjacent includes corner touches and across right-
of-way. Additionally, there is ambiguity in what classifies as a "higher zone". Conceptually, this can be
interpreted either as a more intensive zone (Industrial is higher than Multiple Family), or the allowed uses
are similar but more dense (Multiple Family is higher than Single Family). These issues taken together
allow for more intense zoning and land use designations intruding into less intense zones and land use
designations.
CTA-2022-0003 is a city -initiated code text amendment to revise chapter 19.30 SVMC as it relates to
privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site -
specific zoning map amendments. The proposed regulation will identify additional criteria that shall be
considered when reviewing the proposed map amendments.
Planning Commission held a study session on the proposed amendment on October 13 and November 10,
2022. The Planning Commission discussed the proposed changes and suggested the following areas to
consider; historical development patterns of neighborhoods and preserving those lot sizes and patterns;
limiting the expansion or growth of the existing zoning peninsulas and islands. Language was added to the
proposed amendment that speaks to expansion and islands.
Tonight, staff will provide an overview of the proposed regulations.
OPTIONS: Deliberate on the proposed amendment and direct staff to prepare a recommendation to city
council to approve as is or with modifications or take other action as appropriate.
RECOMMENDED ACTION OR MOTION: Move to direct staff to prepare a Planning Commission
recommendation of approval to City Council of CTA-2022-0003 based on the findings presented in the
staff report.
STAFF CONTACT: Martin Palaniuk, Associate Planner
ATTACHMENTS:
RPCA Public Hearing for Code Text Amendment CTA-2022-0003 Page I of 2
1. Presentation
2. Draft CTA-2022-0003
3. Staff Report CTA-2022-0003
RPCA Public Hearing for Code Text Amendment CTA-2022-0003 Page 2 of 2
STAFF REPORT DATE: December 1, 2022
HEARING DATE AND LOCATION: December 8, 2022, beginning at 6:00 p.m.; This hearing will be
conducted in person and remotely using web and telephone conference tools. A link to the Zoom meeting
will be provided on the agenda and posted to the City's webpage:
www.spokanevalley.org/planningcommission.
Proposal Description: A City initiated code text amendment to revise chapter 19.30 SVMC as it relates
to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated
site -specific zoning map amendments. The proposed regulation will identify additional criteria that shall
be considered when reviewing the proposed map amendments.
APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, and 19.30.040.
SUMMARY OF CONCLUSIONS: Staff concludes that CTA-2022-0003 is consistent with the minimum
criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan.
STAFF CONTACT: Martin Palaniuk, Associate Planner
REVIEWED BY: Chaz Bates, Planning Manager
ATTACHMENTS:
Exhibit 1: Proposed Amendment
Exhibit 2: SEPA DNS Threshold Determination
Exhibit 3: Notice of Public Hearing
Exhibit 4: Department of Commerce Notice
APPLICATION PROCESSING: Chapter 17.80 SVMC, Permit Processing Procedures. The following table
summarizes the procedural steps for the proposal.
Procedural' Action
Date
SEPA — DNS Issued
November 18, 2022
Published Notice of Public Hearing:
November 18, 2022
Department of Commerce 60-day:
November 18, 2022
BACKGROUND:
The City of Spokane Valley has two maps that are subject to the review and approval requirements of
Chapter 19.30 SVMC Changes and Amendments. The first is the City's Comprehensive Plan Land Use
map which designates general land uses that are permissible on properties city-wide. Examples of land
uses include industrial uses, commercial uses, mixed uses (commercial/residential, commercial/industrial),
multi -family residential uses, and residential uses. The designation of a general land use determines what
general category of land uses will be permitted on the property.
Staff Report and Recommendation CTA-2022-0003
The Zoning Map is the second map subject to the review and approval criteria of chapter 19.30 SVMC.
The Zoning Map establishes specific zoning districts. Zoning districts identify the specific uses that are
permitted on a property and the applicable development regulations within a zoning district. Examples of
specific uses are schools, single-family dwellings, duplexes, recycling facility, hotel/motel, and medical
office. Examples of development regulations include density, minimum lot area, building height, setbacks,
and open space requirements.
The Land Use map and the Zoning map are linked together and must be consistent with each other. If a
property has a comprehensive plan land use map designation, then the zoning map must be consistent for
specific land uses to be allowed and development regulations to be applied. In nearly all cases the City's
land use designation is mirrored by and implemented by a single zoning district. The industrial land use
designation is implemented through a single industrial zone. The multi -family residential land use
designation is implemented through a single multi -family residential zone. The only land use designation
that is implemented through multiple zones is the single-family residential land use designation. The four
single-family residential zones (R-1 thru R-4) allow for the application of different densities and minimum
lot areas throughout the single-family land use designation.
Any change to the Comprehensive Plan Land Use Designation map is considered an amendment to the
Comprehensive Plan. Pursuant to the Growth Management Act, cities may only amend the Comprehensive
Plan once a year. By default, any Zoning map amendment request that requires a change to the Land Use
map requires a Comprehensive Plan amendment. Pursuant to SVMC 17.80.140 Comprehensive Plan
amendments are classified as a Type IV application. The Planning Commission is required to hold a public
hearing on the amendment and then make a recommendation to the City Council. City Council will then
approve, disapprove, or modify the proposed amendment.
Zoning map changes from a lower intensity single-family residential zoning district to a higher intensity
zoning district, R-3 to R-4 for example, do not require a land use map change because the change from one
single-family zoning district to another single-family zoning district remains consistent with the single-
family residential land use designation. Zoning map amendments of this type are classified as a Type III
application, which requires a public hearing and decision by the Hearing Examiner.
Review of past privately initiated site -specific Comprehensive Plan land use and zoning map amendments
identified a need for a code text amendment to SVMC 19.30.010 Comprehensive Plan text and map
amendments and SVMC 19.30.030 Site -specific zoning map amendments.
Chapter 19.30 SVMC (Changes and Amendments) outlines the process for amending the Comprehensive
Plan (text and map), area -wide rezones, and site -specific rezones. A review of chapter 19.30 SVMC found
that there were two related issues: (1) there are no criteria for privately initiated site -specific Comprehensive
Plan land use amendments and (2) a property can be eligible for a site -specific zoning map amendment if
it is adjacent to a property zoned the same or higher zone. Adjacent includes corner touches and across
right-of-way. Additionally, there is ambiguity in what classifies as a "higher zone". Conceptually, this can
be interpreted either as a more intensive zone (Industrial is higher than Multiple Family), or the allowed
uses are similar but more dense (Multiple Family is higher than Single Family). These issues taken together
allow for more intense zoning and land use designations extending into less intense zones.
CTA-2022-0003 is a city -initiated code text amendment to revise chapter 19.30 SVMC as it relates to
privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site -
specific zoning map amendments. The proposed regulation will identify additional criteria that shall be
"considered" when reviewing any proposed privately initiated site -specific Comprehensive Plan map
amendments. The amendment will also revise the criteria for privately initiated site -specific zoning map
amendments.
Staff Analysis
Page 2 of 5
Staff Report and Recommendation CTA-2022-0003
SVMC 17.80.140 provides approval criteria for Comprehensive Plan amendments and area -wide zoning
map amendments. Comprehensive Plan amendments include any modifications to the Comprehensive
Plan including a privately initiated site -specific land use designation amendment.
The City may only approve Comprehensive Plan amendments and area -wide zoning map amendments if
it finds that: the proposed amendment bears a substantial relationship to the public health, safety, welfare,
and protection of the environment; the proposed amendment is consistent with the requirements of
Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; the
proposed amendment responds to a substantial change in conditions beyond the property owner's control
applicable to the area within which the subject property lies; the proposed amendment corrects an obvious
mapping error; or the proposed amendment addresses an identified deficiency in the Comprehensive Plan.
The City shall also consider the following factors prior to approving Comprehensive Plan amendments:
the effect upon the physical environment; the effect on open space, streams, rivers, and lakes; the
compatibility with and impact on adjacent land uses and surrounding neighborhoods; the adequacy of and
impact on community facilities including utilities, roads, public transportation, parks, recreation, and
schools; the benefit to the neighborhood, city, and region; the quantity and location of land planned for
the proposed land use type and density and the demand for such land; the current and projected
population density in the area; and the effect upon other aspects of the Comprehensive Plan.
These criteria apply to all Comprehensive Plan amendments but are not instructive when considering a
change to a site -specific land use designation. Since the land use designation is tightly linked to the
zoning district it's beneficial to review the land use designation change and the zone change using similar
criteria. The proposed amendment will more closely align the land use designation with the effects of
development allowed within the implementing zoning district by requiring any changes to the land use
designation to consider those effects. Changing the land use designation changes the resulting
development with respect to the intensity of the uses, the density of dwellings, lot coverages, building
heights, and setbacks among many factors. The amendment will require the approval authority to
consider these effects.
A review of the Comprehensive Plan Land Use Designation map and the Zoning map reveals that uses
and zones are often separated along natural boundaries and barriers. Industrial zones within the northeast
portion of the City are separated from residential and mixed -use zones by the Spokane River with the
industrial zones north of the river. Corridor Mixed Use zones along south Dishman-Mica are separated
from the low -density residential zones by Chester Creek and the railroad right-of-way. Generally, 4"
Avenue separates the multi -family residential zones along the north side of 4' Avenue from the single-
family residential zones along the south side of 4' Avenue. The R-4 zoning district is separated from the
R-3 zoning district by 8`' Avenue when south of Sprague Avenue and Broadway Avenue when north of
Sprague. These natural barriers and boundaries provide a logical demarcation between uses and different
zoning intensities and should be observed when practical. The proposed amendment will require that
these natural lines of demarcation be considered when reviewing a Land Use map amendment or Zoning
map amendment.
Chapter 22.20 SVMC provides for Concurrency review. Concurrency requires that adequate facilities,
specifically, transportation, public water, and public sewer, are available when development occurs.
These services must be concurrent with development but other facilities and services such as parks and
recreation, libraries, solid waste disposal, fire protection, police protection, and schools should also be
considered. When considering a Land Use map or Zoning Map amendment it is often unknown what
specific development will occur. Because the specific development is unknown, the need for
transportation, public sewer, and public water are unknown. This makes the review of a map amendment
for the concurrency requirements of Chapter 22.20 SVMC impractical. The proposed amendment will
instead require a general review of the capacity of transportation, public water, and sewer to meet the
demands of the proposed new land use.
Page 3 of 5
Staff Report and Recommendation CTA-2022-0003
To be considered for a zoning map amendment a property must "be adjacent (which shall include corner
touches and property located across public right-of-way) to property of the same or higher zoning
classification." The criteria are problematic for evaluating a zoning map amendment. Interstate 90 is
considered public right-of-way. Technically the Industrial zoned property on the north side of Interstate
90 is adjacent to the property on the south side of the interstate. A property could be surrounded on all
four sides by a common zone but if a corner of a property touches a property that has a higher zone, then
the property is eligible for a rezone. This can create peninsulas of a higher zone surrounded by lower
zones.
The term "higher zoning" is problematic in that it is undefined. Is the Industrial (I) zone higher than the
Regional Commercial (RC) zone? The I zone is likely to generate heavy truck or rail traffic and loading
and storage areas. The RC zone is likely to create personal vehicle traffic and large commercial buildings
and parking areas. Is the Multi -family Residential (MFR) zone higher than the Regional Commercial
Zone? The MFR zone is likely to generate a much greater residential density with the need for
transportation and individual services. If an applicant requests a rezone from MFR to RC, does it meet
the "higher zoning" requirement? The proposed amendment will replace the criteria with more
straightforward criteria intended to prevent the expansion of a zoning district into different zoning
districts. The criteria will avoid creating or expanding zoning peninsulas or islands, or otherwise create
intrusions into a different zoning district.
Several amendments have come forward in the past that crossed logical boundaries and created intrusions
into less intense zoning areas. The property owner went to considerable expense and time to put the
amendment forth. Ultimately the City Council did not approve the amendments because of neighborhood
opposition, or in the case of higher residential rezones the Hearing Examiner approved an amendment
despite neighborhood opposition. The proposed amendment will lessen the likelihood that a
neighborhood must activate to oppose the intrusion of an incompatible zone. The amendment will save
property owners the expense and time of putting forth an amendment that is incompatible with the
adjacent land uses.
COMPLIANCE WITH TITLE 17 SVMC GENERAL PROVISIONS
SVMC 17.80.150(F) identifies the approval criteria for an amendment to Titles 17-27 SVMC.
The City may approve a Municipal Code Text amendment if it finds that:
i. The proposed text amendment is consistent with the applicable provisions of the
Comprehensive Plan:
ii. The proposed amendment bears a substantial relation to public health, safety,
welfare, and protection of the environment:
Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with
the following Comprehensive goals and policies:
LU-G1 Maintain and enhance the character and quality of life in Spokane Valley.
LU-G2 Provide for land uses that are essential to Spokane Valley residents, employees, and visitors.
LU-P7 Protect residential neighborhoods from incompatible land uses and adverse impacts associated
with transportation corridors
H-P6 Preserve and enhance the city's established single-family neighborhoods by minimizing the impacts
of more dense housing typologies such as duplexes and cottage development
Staff Analysis: The proposed amendment bears substantial relation to public health, safety, welfare, and
protection of the environment. The encroachment of incompatible densities and land use intensities into
adjacent areas should be avoided. It is especially important to preserve the integrity of residential
neighborhoods.
Page 4 of 5
Staff Report and Recommendation
Conclusion(s):
CTA-2022-0003
The proposed code text amendment to revise chapter 19.30 SVMC as it relates to privately initiated site -
specific Comprehensive Plan land use map amendments and privately initiated site -specific zoning map
amendments, is consistent with the requirements of Title 17 SVMC and specifically the approval criteria
contained in the SVMC 17.80.150(F).
COMPLIANCE WITH TITLE 21 SVMC — ENVIRONMENTAL CONTROLS
Pursuant to SVMC Title 21 (Environmental Controls), the lead agency has determined that this proposal does not
have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not
required under RCW 43.21C.030(2)(c). The Planning Division issued a Determination of Non -Significance (DNS)
for the proposal pursuant to WAC 197-11-340(2) on November 18, 2022. This decision was made after review of a
completed environmental checklist, the application, SVMC Titles 19, 21 and 22. The DNS was not appealed.
Conclusion(s):
The procedural requirements of the State Environmental Policy Act (SEPA) have been fulfilled by submittal of the
required SEPA Checklist and the issuance of the City's threshold determination consisting of a Determination of
Non -Significance (DNS). The appeal period for the determination ended December 2, 2022. All other relevant
requirements of Title 21 SVMC have been meet.
PUBLIC COMMENTS
Findings: Following the issuance of the Notice of Public Hearing on November 18, 2022, no comments were
received.
Conclusion(s): Adequate public noticing was conducted for CTA-2022-0003 in accordance with adopted public
noticing procedures. The public noticing requirements pursuant to SVMC 17.80.120 have been met for the code
text amendment.
AGENCY COMMENTS
Following the issuance of the Determination of Non -significance (DNS) SEPA threshold determination and Notice
of Public Hearing on November 18, 2022, no substantive comments were received.
Conclusion(s): No concerns are noted.
OVERALL CONCLUSION AND FINDING:
CTA-2022-0003 is consistent with the minimum criteria for review and approval, and consistent with
the goals and policies of the Comprehensive Plan.
Page 5 of 5
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W _. Comprehensive Plan text and map amendments are classified as Type IV development applications
and shall be processed pursuant to SVMC 17.80.140.
19.30.020 Area -wide rezones.
A. Area -wide rezones shall be considered only in conjunction with updates to the Comprehensive Plan
text and maps to ensure full consideration of the cumulative effects of all changes.
B. Area -wide rezones are classified as Type IV development applications and shall be processed pursuant
to SVMC 17.80.140.
19.30.030 Site -specific zoning map amendments.
A. Site -specific zoning map amendment requests may be submitted at any time. Site -specific zoning map
amendments are classified as Type III development applications and shall be processed pursuant to
SVMC 17.80.140.
B. All site -specific zoning map amendment requests shall meet all of the following criteria:
1. Meet the Fequir-ements ef-Chapter- " 20 93.1MC,
DUh'k2.k �1, E- i 4µ,; L Ii 1, 0 ..,.,sir. ���. 5�A .lei—yF
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2. Be consistent with the Comprehensive Plan land use designation;
3. Bear a substantial relation to the public health, safety, and welfare;
4.8owarranted inorder to achieve consistency with the Comprehensive Plan mbecause ofuneed for
additional property inthe proposed zoning district classification, orbecause the proposed zoning
classification is appropriate for reasonable development of the subject property;
5.
leeated aefess a publie fight ef way) to pf:epeftt, of the same eF highef Zoning elassifieatien
6. Not be materially detrimental to uses or property in the immediate vicinity of the subject property; and
7.Have merit and value for the community umuwhole��D�
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: December 08, 2022
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
❑ information ® study session ❑ pending legislation
AGENDA ITEM TITLE: CTA-2022-0004 Stormwater Management Regulations Update
GOVERNING LEGISLATION: chapter 90.48 RCW, WAC 173-218-070, chapter 22.150 SVMC, and
SVMC 17.80.150
PREVIOUS COMMISSION ACTION: None
BACKGROUND: The Washington State Department of Ecology (Ecology) provides the following
definition for stormwater: Stormwater is rain and snow melt that runs off rooftops, paved streets, highways,
and parking lots. Uncontrolled stormwater runoff can collect pollutants and harm the environment. Specific
to our City, pollutants in stormwater runoff can harm the Spokane Valley — Rathdrum Prairie Aquifer, our
region's primary source of drinking water.
Ecology issues various permits under federal and state laws to control surface and groundwater pollution
caused by stormwater runoff. The City's Stormwater Utility exists to ensure compliance with those
applicable permits. The City manages its Stormwater Utility pursuant to the Spokane Valley Municipal
Code (SVMC) chapter 22.150 SVMC (Stormwater Management Regulations), the Spokane Regional
Stormwater Manual (SRSM), requirements set forth under the National Pollutant Discharge Elimination
System (NPDES) Phase II Municipal Separate Storm Sewer System (MS4) Permit, and the Washington
Department of Ecology Underground Injection Control (UIC) Program.
The MS4 permit requires the implementation and enforcement of a program designed to prevent, detect,
trace, and eliminate illicit connections and discharges to the City's MS4. As part of this program, the City
must adopt an ordinance by February 3, 2023, that specifically prohibits illicit discharges and authorizes
enforcement actions. The required language will be incorporated into the existing chapter 22.150 SVMC,
the Stormwater Management Regulations.
Staff will discuss the required text amendments, and the proposed adoption schedule at the meeting.
RECOMMENDED ACTION OR MOTION: Discussion only.
STAFF CONTACT: Adam Jackson, PE, Engineering Manager — Stormwater Utility
Gloria Mantz, PE, City Engineer
ATTACHMENTS:
1. Presentation
2. Draft chapter 22.150 SVMC
RPCA Study Session for Code Text Amendment CTA-2022-0004 Page 1 of 1
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Chapter 22.150
STORMWATER MANAGEMENT REGULATIONS
Sections:
22.150.010
Finding and purpose.
22.150.020
Regulated activities.
22,150.030
Authority to develop and administer standards.
22.150.040
Standards for stormwater management.
22,150.050
Review process.
22.150.060
Conditions of approval.
22.150.070
Deviations and appeals.
22.150.080
Stormwater facility construction and certification.
22.150.090
Inspection.
22.150.100
Property owner responsibilities.
22,150.110
Public drainage facilities.
22.150.120
Failure to comply — Nuisance.
22.150.130
Enforcement.
22.150.010 Finding and purpose.
The increased _ ';__ flow_----- --- - - from the use and
development of real property be mana2ed4o protect persons, property, and the environment.
The City shall implement policies and procedures to:
A. Minimize the degradation of water quality in surface __,;; ,.,_and groundwater;
B. Reduce the impact from increased .sec—vMEF flfl^av erosion and sedimentation caused by the
development ef-propeA�'
C. Promote site planning and land development practices that are consistent with ,--the topograph Jeal and
hydrological conditions; and
D. maimain _ and protect, public and private
PFOPeFly that Ls used PA
22.150.020 Regulated activities.
No person on any public or private real property located within the City shall engage in the following regulated
activities without fiHt obtaining City__ <ipl^gt a. The regulated activities for
development are:
A. Grading of land in excess of 500 cubic yards
r is r•^. n...'
B. Construction of, or addition to, a building (except a single-family or duplex residence) or placement of
impervious surfaces that exceed 5,000 square feet. For projects that are implemented in incremental stages, the
threshold applies to the total amount of impervious surfaces replaced or added at full build -out;
C. Disturbance of one acre or more;
D. The subdivision, short subdivision and binding site plan process _ _as defined in E_.hapter 58.17 RCW
and SVMC—Title 20_____: and
E. Construction of drywells or other UIC wells regulated by Chapter 173-218 WAC, UIC Program.
The Spokane Valley Municipal Code is current through Ordinance No. 22-018, passed September 13, 2022.
SpAkf
ipal
n,.__. ,-0�,, rT n.,, 9
22.150.030 Authority to develop and administer standards.
The _ T_shall develop and administer City standards
that relate to best management practices and the threshold requirements for the development of stormwater control
facilities. The _ F.�w._ author a
develop policies that relate to the submission and modificationofstormwater, erosion and sediment control plans.
Requirements and performance standards that include best management practices shall be designed to control and
contain stormwater, and reduce soil erosion and sedimentation through the use of temporary and permanent
practices and facilities. The requirements shall be designed to permit flexibility in the choice of stormwater, erosion
and sediment control methods that meet the specific circumstances of each site and intended use. #mod 08 ( 1-
22.150.040 Standards for stormwater management.
The City adopts, by reference, the Spokane Regional Stormwater Manual, as amended. Unless the context requires
otherwise, references to the local jurisdiction shall be construed to mean the City of Spokane Valley. The city clerk
shall maintain a copy on file.
22.150.050 Review process.
Following submittal of a request to engage in a regulated activity, the
___:_ __shall review the proposed regulated activity, including any plans or other submitted material.
The deyel. n; of iee efigineeF
_ ' . ashall determine whether the regulated activity
is exempt from review based upon the threshold requirements or, alternatively, whether the regulated activity
complies with the standards, specifications and requirements contained in the City standards. Theo-
tn require the submission of additional material and/or analysis
to allow the proponent to demonstrate compliance with City; standards. , _
2007 Ferme4 '3 50.040).
22.150.060 .Conditions of approval.
The devepmont s€aees senior en i _ _ r_ is authorized to impose development
requirements or conditions ofapproval for the regulated activities The __ storm raterequire conditions
may be placed on the subdivision, binding site plan, issued permit, or a recorded maintenance covenant and
agreement may be placed upon a parcel or lot where drainage facilities will be developed.
Conditions of approval shall be based on the City standards, the preliminary site drainage plan,-,.--,,
_engineering reports or other relevant data that pFemste,
stormwater control, protection of adjacent properties, utilities or other stormwater facilities, slope stabilization and
the environment. _ - „ _ _
22.150.070 Deviations and appeals.
A. Authority. The de r _ may grant a deviation from the
requirements of this chapter or City standards. In granting any deviation, the __ : _Wp _..n seR4ees sen
prescribe conditions that are deemed necessary or desirable for the public interest.
B. Deviation Criteria. hte _._deviation shall granted unless the applicant demonstrates, to the satisfaction of
the d lep-....., _ _ _ _. ,the following:
1. Deviations are based upon sound engineering principles, best management practices and are not inconsistent
with the public interest in stormwater control and environmental protection;
2. The granting of the deviation will not be unduly detrimental or injurious to other properties in the vicinity
and downstream;
3. The proposed deviation does not conflict with or modify a condition of approval; and
4. Deviations meet requirements for safety, function, appearance, and maintainability.
The Spokane Valley Municipal Code is current through Ordinance No. 22-018, passed September 13, 2022.
4
C. Prior Approval. Any deviation shall be approved prior to acceptance of residential and commercial construction
plans and issuance of any building, v _,_approach, or site wefli :___ permits.
D. Right of Appeal. All actions of the r:r. in the
administration and enforcement of this chapter shall be final and conclusive, unless within 15 days from notice of
the me ri�i '� �_ �a <;si�_tc+ ;:isim; gi the applicant or an aggrieved
party files a notice of appeal with the hearing examiner. , _ , 04 07 015 , 1, _
22.150.080 Stormwater facility construction and certification.
All stormwater facilities shall be completed and certified by the proponent's engineer prior to any final plat, short
plat, binding site plan, or the issuance of a permanent certificate of occupancy or final inspection for any associated
building At the discretion of the ,`_ . _: - a
zest �z,ft'�^ facility may be ;_pe�€omsed to demonstrate adequate performance. The test shall be performed in the
presence of _ ^ pzrsennel
Acceptance of performance sureties, in lieu of completed improvements, shall be permitted only when completion of
improvements prior to final land action or permanent certificate of occupancy is impractical (i.e., due to construction
season delays or other factors beyond the proponent's control).
In the event that a performance surety is accepted , the proponent
.:_ wi1} complete the following measures prior to the release of the surety:
A. All aspects of the drainage facility, including landscaping, irrigation, and establishment of specified vegetation,
shall be completed in accordance with the accepted plans on file with the City. The proponent's engineer shall
certify the improvements and request an oversight inspection from develepment�_`�-._._
B. An exception may be granted for single-family or two-family residential subdivisions where the completion of
the swales is not practical until such time as the dwellings are constructed. The proponent shall rough -grade the
swales to the required volume and install.all drywells, inlets, curb drops and other structures in accordance with the
accepted plans on file with the City. Erosion control measures shall be implemented to protect the installed drainage
structures and to prevent erosion and/or failure of the Swale side slopes. This includes, but is not limited to, lining
the swale with geo-fabric that can be removed along with accumulated silt, until the Swale is final -graded and
vegetated. The completion of the landscaping, irrigation, and establishment of specified vegetation shall be required
prior to issuance of the permanent certificate of occupancy or final inspection for any associated dwelling.
A warranty surety shall be submitted to the City upon successful completion and certification of all public
improvements to guarantee against defects in construction. The warranty surety will be for a period of two years
from the date the facility is accepted by the City. , _ , _
22.150.090 Inspection.
The is authorized to field inspect, as appropriate,
street, building site, atrddrainage construction _,_ to verify conformance with City standards_
aad4he conditions of approval
22.150.100 Property owner responsibilities.
A. The property owner shall comply with _____________r.W� The property
owner shall be responsible for repair, restoration, and perpetual maintenance of the stormwater facility installed on
private property and any portion of the swale situated in a public right-of-way adjacent to their respective properties.
B. For purposes of this chapter, "repair and restoration" shall mean conforming the stormwater facility to the plans
on file with the City. This responsibility to repair, restore and maintain shall be imposed without regard to any fault
or wrongful intention on the part of the property owner.
The Spokane Valley Municipal Code is current through Ordinance No. 22-018, passed September 13, 2022.
r-E. ern r u r lsege't
1. "Maintenance" means preservation of the original area, volume, configuration and function of the
stormwater facility as described in the plans.
z Maintenance=also includes mowing, irrigating, and replacing when necessary the lawn turf within the
swales.
The property owners within single-family and two-family residential subdivisions are not responsible for
maintenance of structures such as drywells, inlets, and pipes that receive runoff from public right-of-way and
conform to City access standards and are located within the public right-of-way or a border easement dedicated
to the City. The City of Spokane Valley will maintain the drywells, inlets and pipes upon acceptance of the
public infrastructure.
C. The property owner is responsible for keeping open the drainage and stormwater easements on their property. If a
drainage or stormwater easement is unlawfully encroached upon or the function of a designated drainage or
stormwater easement is reduced, the property owner is responsible for removing the encroachment or detriment.
D. The property owner is responsible for keeping open maintenance access easements serving drainage facilities and
drainage easements.
E. The property owner shall not place or permit, and shall immediately remove, vehicles,,equipment, objects, refuse,
garbage or litter from the stormwater facility. (94 99 905 § 1, 2999 QFJ. 9 i P4 5 ; 1 2497 fermer}r ! 59,1 W ).
22.150.110 Public drainage facilities.
It shall be unlawful for any person to throw, drain, pour or otherwise discharge unauthorized _ , __1vaters_.
or other liquids unto CrtY
s
Formatted: Indent Left 0.28"
ffleafis fdiseha_,.;_g .._n....a,.....__ to the - r _ Formatted: List Paragraph, Indent Left 0.25",
Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... +
_ _13Surface water containing sediment; Start at 1 + Alignment: Left + Aligned at 0.53" +
Indent at 0,78"
The Spokane Valley Municipal Code is current through Ordinance No. 22-018, passed September 13, 2022.
4
c3w it' tictur ! im { uomt icwr.al
------------------------
C. The failure to construct or maintain the stormwater facility as required in the permit or site drainage plan; or
D. The placement or allowing the placement of vehicles, equipment, objects, refuse, garbage, or li tter within the
stormwater facility. , - , - , -
The Spokane Valley Municipal Code is current through Ordinance No. 22-018, passed September 13, 2022.
page44
22.150.130 Enforcement.
Enforcement of this chapter shall be pursuant to G hapter 17.100 SVMC.
2907_
The Spokane Valley Municipal Code is current through Ordinance No. 22-018, passed September 13, 2022.