Loading...
2024-03-28 - Agenda PacketSpokane jVa11ey4 Notice and Agenda For Regular Meeting Spokane Valley Planning Commission Thursday, March 28, 2024 at 6:00 p.m. Remotely via ZOOM meeting and In Person at: Spokane Valley City Hall located at 10210 E Sprague Avenue NOTICE IS HEREBY GIVEN that a Regular Spokane Valley Planning Commission meeting will be held March 28, 2024, beginning at 6:00 p.m. The meeting will be held in Council Chambers at Spokane Valley City Hall located at 10210 E Sprague Avenue, Spokane Valley, Washington. The purpose of the meeting is to consider the items listed below on the Agenda. 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' or "Public hearing. " If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email plannine(asookanevallevwa.eov or call the Planning Commission Secretary at 509-720-5112 to be added to the Zoom speaker list. Otherwise, comments will be taken in -person at the meeting, as noted on the agenda below: LINK TO ZOOM MEETING INFORMATION: https://spokanevallev.zoom.us/i/86262747051 US: +12532158782„ 86262747051# or+16699006833„86262747051# US US: +1 253 215 8782 US (Tacoma) Meeting ID: 862 6274 7051 AGENDA: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: March 14, 2024 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: This is an opportunityfor the public to speak on any subject except items listed as public comment opportunity or public hearing as comments will betaken when those items appear on the agenda. 9. COMMISSION BUSINESS: a. Findings of Fact: 2024 Annual Comprehensive Plan Amendments (Presented By Levi Basinger) b. Public Hearing: STV-2024-0001 — Girard Rd & Lily Rd Street Vacations (Presented By Lori Barlow) 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Special Meeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall March 14, 2024 I. Chairman Bob McKinley called the special meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners and staff stood for the Pledge Of Allegiance. III. Administrative Assistant Robin Holt took attendance, and the following members and staff were present: Susan Delucchi Tony Beattie, Senior Deputy City Attorney Bob McKinley Chaz Bates, Planning Manager John Robertson Lori Barlow, Senior Planner Vadim Smelik Levi Basinger, Associate Planner Justin Weathermon Nikki Cole, IT Specialist Dan Wilson Robin Holt, Administrative Assistant IV. AGENDA: Commission Delucchi moved, and it was seconded to approve the meeting agenda for March 14, 2024, as submitted. There was no discussion. The vote on the motion was six in favor, zero against, and the motion passed. V. MINUTES: Commissioner Delucchi moved, and it was seconded, to approve the February 22, 2024, minutes as presented. There was no discussion. The vote on the motion was six in favor, zero against, and the motion passed. VI. COMMISSION REPORTS: Commissioner Delucchi reported that she attended the Regional Transportation Comprehensive Plan Meeting reviewing the proposed projects for Spokane Valley. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that the Planning Commissioner Handbooks are completed and have been distributed. VIII. PUBLIC COMMENT: There was no public comment offered. IX. COMMISSION BUSINESS: a. Public Hearing: 2024 Annual Comprehensive Plan Amendments 03-14-2024 Planning Commission Minutes Page 2 of 6 Chairman McKinley opened the public hearing at 6:05 p.m. Planner Levi Basinger presented a staff report. He explained that Comprehensive Plan Amendments can be initiated by property owners/representatives, citizens, agencies, neighborhoods, or the City. The deadline for submitting an amendment for consideration during 2024 was November 14, 2023. Mr. Basinger stated that the City received two City initiated map amendments to the Comprehensive Plan that were docketed by the City Council for consideration. The first amendment (CPA-2024- 0001) is a change from Multi -Family Residential (MFR) to Mixed Use (MU) and Single -Family Residential (SFR). The property is located at 4418 E 8' Avenue (at the corner of 81 Avenue and Havana Street) and is comprised of a total of 49 acres and thirteen parcels of land. The property is owned by the Spokane Conservation District. The northern three parcels will be changed to MU zoning and the southern ten parcels will be changed to SFR. Mr. Basinger stated that the proposed change will expand the MU zone by 44 acres and expand the SFR zone by 5.2 acres. After review of the application, staff determined the proposal meets the Comprehensive Plan Amendment requirements because it will promote the development or redevelopment of vacant and underutilized properties, it will maintain and enhance the character and quality of life in Spokane Valley, and it will ensure compatibility between adjacent residential and commercial uses. Mr. Basinger stated that the second amendment (CPA-2024-0002) is a change from SFR to Corridor Mixed Use (CMU). The property is located at 17103 E. Main Avenue (at the corner of Main Avenue and Flora Road) and is approximately .83 acres of land. The property is owned by Family Promise of Spokane and is currently a single-family residence. Mr. Basinger said that after review of the application, staff has determined the proposal meets the Comprehensive Plan Amendment requirements because it will engage in active recruitment of service providers that desire to serve Valley residents through targeted programs focused on homeless service delivery, will support community resource hubs where service providers can co - locate in areas in close proximity to public transportation, and will encourage and support new projects and programs which seek to assist in maintaining housing stability or provide exits from homelessness to housing. Mr. Basinger said that a State Environmental Policy Act (SEPA) review was completed on both properties, and a Determination of Non -Significance (DNS) was issued on January 5, 2024. The SEPA notice was published in the newspaper and was posted on the site. Mr. Basinger commented that a notification of public hearing was sent out to property owners within a 400 square foot radius of each property and additional notices were also sent out to some additional properties that could be affected by the change of use. A large Notice of Public Hearing sign was also posted on each site. 03.14-2024 Planning Commission Minutes Page 3 of 6 Mr. Basinger noted that the City received two public comments for CPA-2024-0001 prior to the hearing. The comments were neutral to the proposal but requested information regarding uses allowed in the MU zone and information on what will be occurring on the subject property. Mr. Basinger said that the City received three public comments for CPA-2024-0001 prior to the hearing. The comments were in opposition to the proposal and noted concerns about impacts to a single-family neighborhood, traffic generation, and that a similar comprehensive plan amendment was previously denied. Public Comment: Jace Steinmetz, Spokane Valley (CPA-2024-0002) requested information about what the plan is for the property once the change happens. She stated that she would like to see the property changed to multi -family rather than mixed use. Emma Hughes, Family Promise of Spokane (CPA-2024-0002) expressed that they are in favor of the amendment, and they intend to use the property as it is currently. They will keep the single-family home and use the bam as office space. They hope to add two additional bedrooms and a bathroom. They also plan to move the parking and access to the property to Main Avenue instead of Flora Avenue and to add fencing and landscaping to the property. Eventually they hope to use the property for transitional housing for families with children in local schools that are seeking housing. Peter Bityukov, Spokane Valley (CPA-2024-0001) stated that he would like the property to be home to a playground or a bicycle track for children to use. He said that he does not want homes built in that area. Mike Thacker, Spokane Valley (CPA-2024-0002) requested information if the change to MU would require improvements to streets and sidewalks. He expressed concern about multiple families being housed in a single-family home but there will be a rotation of families in and out of the home. He stated that the speed limit needs to be reduced from 35 mph to 25 mph on Flora Road due to traffic. Vicki Carter, Spokane Conservation District (CPA-2024-0001) stated that the Conservation District has no intention of building homes in the southern portion of the property. They decided on the proposed change because it would be the most restrictive zoning available. The plan is to put in a community garden in that area. She also stated that the proposed improvements to the northern portion of the property are all community based. They hope to put in a year-round farmers market and provide a place of education and recreation. Administrative Assistant Robin Holt read two public comments into the record: Echo Fatis, Spokane Valley (CPA-2024-0001) stated that she is in support of the requested change but does not wish to see additional homes built on the southern portion of the land because she would like to see the land remain in its natural state. Deanna Shine, Spokane Valley (CPA-2024-0002) expressed concern about Family Promise building apartments on the property and the safety of school children who walk by the location on their way to Greenacres Middle School. 03-14-2024 Planning Commission Minutes Page 4 of 6 The public hearing was closed at 6:48 p.m. Commissioner Delucchi stated that she has objections to CPA-2024-0002 because it will create a zoning island in the map. She doesn't think it is in the best interest of the single-family homes in the area. She also thinks there's a traffic issue on Flora Road and this proposal will exacerbate the problem. However, she is in support of CPA-2024-0001. Commissioner Wilson stated that he also has objections to CPA-2024-0002. He said that property owner rights are taken very seriously by the Planning Commission but that they also have to look at the rights of the surrounding neighbors as well. He said that the impact of the change to the property owned by Family Promise will have a substantial impact on the neighborhood and traffic. However, he is also in support of CPA-2024-0001. Chairman McKinley expressed concern about CPA-2024-0002 and support for CPA-2024-0001. Commissioner Smelik asked staff if there is a restriction in the code regarding creating zoning islands or peninsulas. Planning Manager Bates responded that privately initiated zoning or comprehensive plan amendments are prohibited from creating islands or peninsulas, but City initiated amendments are not subject to the same rules. Mr. Smelik asked if transitional housing is allowed on properties zoned single-family. Mr. Bates answered that transitional housing is allowed in all single-family and commercial zones. Commissioner Wilson moved, and it was seconded to recommend approval of CPA-2024-0001 to the City Council as presented. There was no discussion. The vote on the motion was six in favor, zero against, and the motion passed. Commissioner Delucchi moved, and it was seconded to recommend denial of CPA-2024-0002 to the City Council as presented. There was no discussion. The vote on the motion was five in favor, one against with Commissioner Smelik descending, and the motion passed. b. Study Session: STV-2024-0001 — Girard and Lily Street Vacations Senior Planner Lori Barlow gave a staff presentation. She explained that a street vacation is the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. She stated that STV-2024-0001 is a privately initiated street vacation request to vacate the south 60' X 80' of Girard Road and the south 60' X 95' of Lily Road lying north of I-90 and south of Boone Avenue. Ms. Barlow said that James Boone, LLC has requested the street vacation of Lily and Girard to expand the operation area for the existing landscape materials business. The adjacent property owner Avodah, LLC has signed the application, authorizing James Boone, LLC to represent their interests. James Boone, LLC and Avodah, LLC own the adjacent property to the ROW requested to be vacated. Both properties are paved but do not have curbs, gutters, or sidewalks. 03-14-2024 Planning Commission Minutes Page 5 of 6 Ms. Barlow explained that the three southernly properties that abut I-90 are being used for the landscaping business. The three smaller properties are historically used for single-family uses. Only one of the properties has a single-family home currently but it is in the process of being removed. The property with frontage onto Lily Rd has the landscaping businesses shop. The property owned by Avodah, LLC is the location of Senske Lawn Services. The surrounding properties are zoned industrial. Ms. Barlow stated that the applicants' reasons for the request are their landscaping business shop is located at 1 110 N Lily Road and the business location is accessed off Cataldo Road so there is confusion for customers and delivery trucks looking for the main entrance to their business. There are traffic attempts to access Cataldo Road and the freeway through the property which contributes to traffic in the neighborhood. The additional residential properties were purchased with the intent to create paved storage space for products which will reduce the amount of dust and noise affecting residential neighbors. The shop is located outside the fenced business area so secure fencing along the north property lines will reduce impacts of trespassing and vandalism. Ms. Barlow said that the staff will provide a review of the application at the next meeting that will address all the requirements of a street vacation which includes street connectivity, traffic volumes, development and access, and a need assessment. It will also identify any potential concerns from agencies regarding utility easements. Ms. Barlow explained that the existing condition of the proposed vacation is that Lily Road is not used for access to the business. Girard Road is used for access to the single-family residences but there is a plan to remove all the single-family homes from the properties. Ms. Barlow stated that staff has reached out to utilities and service providers regarding the proposal. Avista and Spokane County Water District #3 commented that they have utilities located in the Girard right-of-way (ROW) and would like an easement granted. Comcast and Lumen commented "No Issue" and the Fire Department commented that they would like to maintain access to residences if retained or adequate access to the commercial site. Ms. Barlow said that the public hearing for this matter will be held on March 28, 2024. X. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order. XI. ADJOURNMENT: Commissioner Wilson moved, and it was seconded, to adjourn the meeting at 7:38 p.m. The vote on the motion was six in favor, zero against, and the motion passed. 03-14-2024 Planning Commission Minutes Page 6 of 6 Bob McKinley, Chairman Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: March 28, 2024 Item: Check all that apply ❑ old business ® new business ❑ public hearing ❑ information ❑ study session ❑ pending legislation AGENDA ITEM TITLE: 2024 Annual Comprehensive Plan Amendments — Findings of Fact. GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 19.30.010. PREVIOUS COMMISSION ACTION: The Planning Commission held a two Study Session on the 2024 Annual Comprehensive Plan Amendments (CPA) on February 8 and 22, 2024. A public hearing on the proposed CPA was held March 14, 2024. Following the public hearing, the Planning Commission deliberated on the CPA and voted as follows: CPA-2024-01 6-0 to forward to City Council a recommendation to approve CPA-2024-01 CPA-2024-02 5-1 to forward to City Council a recommendation to deny CPA-2024-01. City Council may choose to adopt either or both proposed amendments, deny either or both proposed amendments, or modify and adopt the proposal. If the Council chooses to modify a proposal and the modifications are substantial, they must either conduct a public hearing or refer the proposal back to the Planning Commission for further consideration. RECOMMENDED ACTION OR MOTION: I move to approve and forward to the City Council the Findings and Recommendation of the Spokane Valley Planning Commission for the 2024 Annual Comprehensive Plan Amendments. STAFF CONTACT: Levi Basinger, Associate Planner ATTACHMENTS: 1. Findings and Recommendations-2024 Annual Comprehensive Plan Amendments 2. Findings and Recommendations specific to CPA-2024-01 3. Findings and Recommendations specific to CPA-2024-02 RPCA Findings of Fact for 2024 Comprehensive Plan Amendments Page I of 1 FINDINGS AND RECOMMENDATION OF THE SPOKANE VALLEY PLANNING COMMISSION FOR PROPOSED COMPREHENSIVE PLAN AMENDMENTS March 28, 2024 A. Background: 1. The Growth Management Act (GMA) allows local jurisdictions to consider amendments to their Comprehensive Plans once each year. The City codified this process in SVMC 17.80.140. Consistent with state law and the SVMC, staff published notice on September 15 and 22, 2023, advising the public of the annual amendment process and that the City would accept applications for the 2024 cycle through November 14, 2023. The notice was also sent to all agencies, organizations, and adjacent jurisdictions that may have an interest in seeking amendments to the Comprehensive Plan. 2. On December 19, 2023, the City Council approved the 2024 Comprehensive Plan Amendment Docket. The Docket included two city -initiated map amendments to the Comprehensive Plan. Amendments approved for a Comprehensive Plan map amendment will require and receive a zoning classification amendment consistent with the new land use designation. B. Findings: 1. SVMC 17.80.140 provides the framework for the public to participate throughout the Comprehensive Plan amendment process, including notice and public hearing requirements. 2. On December 21, 2023, the Department of Commerce was provided a notice of intent to adopt amendments to the Comprehensive Plan. 3. Pursuant to the State Environmental Policy Act, chapter 43.21C RCW (SEPA), and Title 21 SVMC, environmental checklists were prepared for the proposed Comprehensive Plan amendments. 4. Staff reviewed the environmental checklists and Determinations of Non -Significance (DNS) for all Comprehensive Plan amendments on January 5, 2024. The determinations were not appealed. 5. The Planning Commission finds the procedural requirements of SEPA and Title 21 SVMC have been fulfilled. 6. On February 23 and March 1, 2024, notice for a public hearing on the proposed amendments was placed in the Spokane Valley News Herald. On February 21, 2024, a "Notice of Public Hearing" sign with a description of the proposal and information on the public hearing was posted on both sites. 7. Individual notice of the map amendment proposals was mailed to all property owners within 400 feet of the proposed map amendments. 8. The Planning Commission reviewed the proposed amendments concurrently to evaluate the cumulative impacts. The review was consistent with the annual amendment process outlined in SVMC 17.80.140 and chapter 36.70A RCW GMA). 9. On March 14, 2024, the Planning Commission held a public hearing on the proposed Comprehensive Plan amendments. After receiving public testimony, the Planning Commission closed the public hearing and deliberated on the Comprehensive Plan amendments. After reviewing and deliberating on the Comprehensive Plan amendments, Planning Commission voted on the proposed amendments as follows: Planning Commission Findings and Recommendation for 2024 Comprehensive Plan Amendments Page 1 of 2 a. CPA-2024-01: 6-0 to forward to City Council a recommendation to approve. b. CPA-2024-02: 5-1 to forward to City Council a recommendation to deny. Specific findings for each map amendment are referenced as Attachments 1 and 2 to these general findings and recommendations. Recommendations: The Spokane Valley Planning Commission recommends the City Council approve 2024 Comprehensive Plan amendment file no. CPA-2024-01 and deny 2024 Comprehensive Plan amendment file no. CPA-2024-02. Approved this 281 day of March 2024. Robert McKinley, Chairman ATTEST Marianne Lemons, Planning Commission Secretary Planning Commission Findings and Recommendation for 2024 Comprehensive Plan Amendments Page 2 of ATTACHMENT 1 -- SPECIFIC FINDINGS AND RECOMMENDATION OF THE SPOKANE VALLEY PLANNING COMMISSION FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT - CPA-2024-01 March 28, 2024 A. Background: 1. The Growth Management Act (GMA) allows local jurisdictions to consider amendments to their Comprehensive Plans once each year. The City codified this process in SVMC 17.80.140. Consistent with state law and the SVMC, staff published notice on September 15 and 22, 2023, advising the public of the annual amendment process and that the City would accept applications for the 2024 cycle through November 14, 2023. The notice was also sent to all agencies, organizations, and adjacent jurisdictions that may have an interest in seeking amendments to the Comprehensive Plan. 2. On December 19, 2023, the City Council approved the 2024 Comprehensive Plan Amendment Docket. The Docket included two city -initiated map amendments to the Comprehensive Plan. Amendments approved for a Comprehensive Plan map amendment will require and receive a zoning classification amendment consistent with the new land use designation. B. Findings: These findings are specific to CPA-2024-0 1. All findings in the general Findings and Recommendations are hereby incorporated by reference into these specific findings for CPA- 2024-01. Findings required pursuant to SVMC I7.80.140(M (1): a. The proposed amendment bears a substantial relationship to public health, safety, welfare, and protection of the environment. The proposal is a city -initiated map amendment that would allow for a broader range of uses on the northern portion of the property, which is accessed from 8th Avenue, a minor arterial. Mixed -Use (MU) provides economic opportunity by allowing for two or more different land uses within developments under this designation, including commercial uses not allowed in under the current Multi -Family Residential (MFR) designation. MU developments can be either vertical or horizontally mixed, and could include employment uses such as office, retail, and/or lodging along with higher density residential uses, and in some cases community or cultural facilities. The subject property was purchased by Spokane Conservation District (SCD) approximately 7 years ago. The property is forested and was previously used for excavation and storage of landscape materials. The SCD has worked to enhance the forested portions of the property and built offices to support their operations. In addition, the SCD has for lease office space and a daycare onsite. SCD has expansion plans that include a Farmers' Market and other similar public -facing uses. All these uses would take place across the northern three parcels that are directly accessed from 8th Avenue. Allowing for a re -designation and rezone from MFR to MU would accommodate these future plans. In addition, the proposal recognizes that the southern portion of the property is adjacent to lower -intensity, single-family residential areas. Due to steep topography across the property, the southern portion of the property is disconnected from the northern portion fronting 8th Avenue and is more easily accessed from local access residential streets that include 13th and 14th Avenues. Changing the designation of the southern ten parcels from MFR to Single - Family Residential (SIR) would reduce the potential for higher intensity uses adjacent to the existing low -density residential neighborhood. The southern portion of the subject property will be more closely integrated with existing low -density residential neighborhoods and serve as a buffer from more intensive uses on the northern portion of the property. b. The Growth Management Act (GMA) adopts fourteen goals to guide the development of local comprehensive plans and development regulations. At a broad level encouraging efficient use of transportation infrastructure and promoting economic development meets those related GMA goals. Attachment 1 - Planning Commission Findings and Recommendation CPA-2024-0001 Page 1 of c. The proposed amendment does not respond to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies. d. The proposed amendment is not in response to or corrects an obvious mapping error. e. The proposed amendment does address a need identified in the Comprehensive Plan. The Land Use Element of the Comprehensive Plan identifies priorities that include supporting neighborhood -scale development that enhances local community identity, supporting a mix of land uses, and allowing flexibility to apply innovative development approaches. In addition, the Economic Development Element of the Comprehensive Plan identifies priorities that include capitalizing on local outdoor recreation opportunities. In addition, the Natural Resources Element of the Comprehensive Plan identifies leveraging natural assets by minimizing impacts to critical areas as a priority for improving quality of life and attracting new business and residents. The proposed amendment proposal addresses these needs and priorities. Additionally, the proposed comprehensive plan amendment is supported by the following Goals and Policies: ED-P6: Promote the development or redevelopment of vacant and underutilized properties, particularly those with potential to serve as a catalyst for economic development. ED-P12: Leverage community assets (e.g. trails, natural amenities, and facilities) to grow the local economy. LU-GI : 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-Pl: Enable neighborhood -scale commercial uses in residential areas. LU-P5: Ensure compatibility between adjacent residential and commercial or industrial uses. LU-P6: Support neighborhood efforts to sustainably cultivate produce. LU-P7: Protect residential neighborhoods from incompatible land uses and adverse impacts associated with transportation corridors. Findings for factors required pursuant to SVMC 17.80.140(F1)(2): a. The effect upon the physical environment: The property is developed and disturbed. The current site is forested but is surrounded by developed areas on all sides. While the change to MU could increase the intensity of development on the northern portion of the property, the site is also characterized by steep slopes and a Special Flood Hazard Area (SFHA), which will limit the scale of development across the whole site. Due to the physical limitations of the property, the impact to the physical environment would likely be minimal. All future development will be subject to the City's floodplain regulations. b. The effect on open space, streams, rivers, and lakes: The site in question does not contain streams, rivers, or lakes, but a portion of the property is located in a Special Flood Hazard Area (SFHA) according to the adopted Flood Insurance Rate Map (FIRM). The property is also forested and includes steep terrain, which are considered to be geologically hazardous areas within the City's critical areas ordinance. The City's critical areas ordinance and floodplain regulations will ensure adequate protection of the critical areas and the SFHA when future development occurs. Attachment 1 - Planning Commission Findings and Recommendation CPA-2024-0001 Page 2 of 4 c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods: The proposed amendment takes the surrounding land uses into consideration. Areas north and east of the site are designated MFR and allow for higher density residential development. One such multi -family residential development is under construction on the property immediately east of the site. One additional adjacent property to the east contains the Spokane School District No. 81 Instructional Technology Support Center (ITSC), located within a former elementary school. The ITSC no longer functions as a school but as a support facility for School District staff. Areas south and west of the site are characterized as low -density single-family residential uses, with land to the west being within the incorporated limits of the City of Spokane. While MU allows for a wide variety of uses, the presence of critical areas and physical characteristics of the site limit the scale and intensity of development across the entire property. To further protect the adjacent land uses to the west and south, the proposed map amendment would also change the designation of the southern portion of subject property to SFR. This would limit the scale of potential development and housing densities for this portion of the property to single-family residential uses, which is compatible with existing single-family properties to the west and south. d. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools: Sewer, water, electricity, and other utilities are available to the site. The property is adjacent to Spokane School District No. 81 ITSC, which is located in a former elementary school but no longer functions as a school. The site is approximately 0.6 of a mile from Frances Scott Elementary School and 0.9 miles from Underhill Park in the City of Spokane and 1.8 miles from Edgecliff Park in the City of Spokane Valley. The impact of this development on the overall parks and recreation would be minimal and within the adopted Level of Service (LOS). Impacts to the Spokane School District would be minimal. In regards the transportation network, 8th Avenue is designated as a minor arterial, the Comprehensive Plan identifies that 8th Avenue will be widened to a 3-lane cross section with curbs, sidewalks, bike lanes, and stormwater facilities. The forecast LOS for this stretch 8th Avenue maintains is "D" throughout the planning horizon within the adopted LOS. The impact of potential development under the MU zone would be minimal and within the adopted LOS. It should be noted that Havana Street is designated as a minor arterial according to the City of Spokane. The City of Spokane Valley shall communicate with the City of Spokane on all future development proposals. The parcel is adjacent to Spokane Transit Authority (STA) Route 94, which includes stops along 8th Avenue and provides 30- minute service frequencies along its route between Downtown Spokane and the City of Millwood. Route 94 provides connections with other transit routes at multiple points along its route, thus expanding transit access to the subject site from multiple points across the metropolitan area. The City of Spokane Valley shall communicate with STA to determine impacts to transit service resulting from future development proposals. e. The benefit to the neighborhood, City, and region: The proposed amendment will provide a benefit to the neighborhood, City, and region by allowing for non-residential uses that enhance community identity and provide additional economic opportunities. This amendment will also allow property owners to apply innovative development approaches that will blend a mix of uses into the existing natural environment. Any future development proposal would protect critical areas onsite through the City of Spokane Valley's critical areas ordinance and floodplain regulations, which will ensure onsite development does not create impacts to properties in the immediate vicinity those areas further afield. Overall, this amendment supports goals and policies within the City's Land Use, Economic Development, and Natural Resources Elements of the Comprehensive Plan. Attachment 1 - Planning Commission Findings and Recommendation CPA-2024-0001 Page 3 of 4 f. The quantity and location of land planned for the proposed land use type and density and the demand for such land: The location of the proposal and the physical attributes of the site are similar to other areas designated MU. Approximately 40-acres of land designated MU is located 0.3 of a mile to the east at the intersection of 8th Avenue and Carnahan Road. As described in the Comprehensive Plan, developments with the designation MU can be either vertical or horizontally mixed, and would include employment uses such as office, retail, and/or lodging along with higher density residential uses. Furthermore, areas to the north of the site are designated MFR, which also allows for higher density residential development and is compatible with areas zoned MU. The southern portion of the site to be designated SFR is consistent with existing single-family developments surround the site to its west and south. If future development is proposed on the areas to be designated SFR, it would be at a scale and density compatible with the built environment to the west and south. g. The current and projected population density in the area: Across the entire city the proposed change would have little impact on population density. h. The effect upon other aspects of the Comprehensive Plan: The proposed amendment has minimal to no effect on other aspects of the Comprehensive Plan. B. Conclusions: The Planning Commission finds compliance with SVMC 17.80.140(H) — Comprehensive Plan Amendment Approval Criteria for CPA-2024-01. The proposed 2024 Comprehensive Plan amendment is consistent with the goals and policies of the Spokane Valley Comprehensive Plan, and would promote the public health, safety, welfare, and protection of the environment. C. Recommendations: Based on the General Findings and the specific findings and conclusions above, the Spokane Valley Planning Commission recommends the City Council approve 2024 Comprehensive Plan amendment file no. CPA-2024-01. Approved this 28`s day of March 2024. Robert McKinley, Chairman F0401 X11I Marianne Lemons, Planning Commission Secretary Attachment I - Planning Commission Findings and Recommendation CPA-2024-0001 Page 4 of 4 ATTACHMENT 2 -- SPECIFIC FINDINGS AND RECOMMENDATION OF THE SPOKANE VALLEY PLANNING COMMISSION FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT - CPA-2024-02 March 28, 2024 A. Background: 1. The Growth Management Act (GMA) allows local jurisdictions to consider amendments to their Comprehensive Plans once each year. The City codified this process in SVMC 17.80.140. Consistent with state law and the SVMC, staff published notice on September 15 and 22, 2023, advising the public of the annual amendment process and that the City would accept applications for the 2024 cycle through November 14, 2023. The notice was also sent to all agencies, organizations, and adjacent jurisdictions that may have an interest in seeking amendments to the Comprehensive Plan. 2. On December 19, 2023, the City Council approved the 2024 Comprehensive Plan Amendment Docket. The Docket included map amendments to the Comprehensive Plan. Amendments approved for a Comprehensive Plan map amendment will require and receive a zoning classification amendment consistent with the new land use designation. B. Findings: 1. These findings are specific to CPA-2024-02. All findings in the general Findings and Recommendations are hereby incorporated by reference into these specific findings for CPA- 2024-02. Findings required pursuant to SVMC 17.80.140(F1)(1): a. The proposed amendment bears a substantial relationship to public health, safety, welfare, and protection of the environment. The proposal is a city -initiated map amendment that would allow more intensive residential use on a property within 700 feet Sprague Avenue. CMU provides for economic opportunity by allowing a wide range of uses including multifamily and offices. The CMU recognizes the historical low -intensity, auto -dependent development pattern within the City's major transportation corridors and is primarily used along Sprague Avenue, and the north -south arterials. The property is adjacent to Flora Road, a minor arterial. The property is located on Flora Road, an arterial and within 1/10th of mile of Sprague Avenue, making CMU a reasonable designation for this location. b. The Growth Management Act (GMA) adopts fourteen goals to guide the development of local comprehensive plans and development regulations. At a broad level encouraging efficient use of transportation infrastructure and promoting economic development meets those related GMA goals. In addition, in 2021 the legislature adopted amendments to the GMA to require cities to accommodate and plan for a variety of housing insecure uses, including transitional housing. c. The proposed amendment is not in response to a change in conditions of the property beyond the property owner's control. d. The proposed amendment is not in response to or corrects an obvious mapping error. e. The proposed amendment does address a need identified in the Comprehensive Plan. The Housing Element of the Comprehensive Plan identifies that while the City has a strong network of various non -profits, faith -based organizations and school districts that help serve those who are facing housing instability as well as households that are unsheltered, what is missing are location within the City to access to these services. Specifically, a high degree of reliance has been on the City of Spokane to physically house these services, which in turn requires Spokane Valley residents to travel when resources are needed. The City supports locating facilities that seek to serve those experiencing homelessness and housing instability with facilities within close proximity of public transportation. Additionally, the need for Attachment 2 - Planning Commission Findings and Recommendation CPA-2024-0002 Page I of homeless and housing insecurity services are identified in the following Housing Goal and Policies: H-G4: Work collaboratively with local stakeholders to development a homeless response system specific to the need of the Valley H-P8: Ensure the provision ofhomeless and housing services have commensurate on - site support to maintain the character of neighborhoods and minimize public service calls. H-P9: Support community resource hubs where service providers can co -locate in areas in close proximity to public transportation. H-P10: Ensure equal access for Valley residents to publicly forded programs, transportation, job opportunities and housing. H-Pll: Engage in active recruitment of service providers that desire to serve Valley residents through targeted programs focused on homeless service delivery. H-P14. Leverage federal, state and local fords, when appropriate, to bolster existing programs provided to Valley residents. H-P15: Encourage and support new projects and programs which seek to assist in maintaining housing stability or provide exits from homelessness to housing. Findings for factors required pursuant to SVMC 17.80.140(H)(2): a. The effect upon the physical environment: The property is developed and disturbed. While the change in CMU could increase the intensity of development on the property, the impact to the physical environment would be minimal. There is no concern about the effect of the physical environment. b. The effect on oven space, streams, rivers, and lakes: There are no known critical areas associated with the site, such as wetlands, fish and wildlife habitat areas, frequently flooded areas or geologically hazardous areas. The parcel is not located within shoreline jurisdiction, and there are no known surface water quality or quantity issues. The City's critical areas ordinance will ensure that adequate protection of the critical areas and adjacent land use are addressed when future development occurs. c. The compatibility with and impact on adiacent land uses and surrounding neighborhoods Staff s analysis of the proposed amendment determined the property is located in an area of the City that is rapidly changing with infill commercial, multiple -family, and detached family development. Immediately to the south is the large swath of CMU zoning that borders Sprague Avenue. While immediately to the east, west, and north, the land is designated Single Family Residential, these areas are transitioning from historic large parcels to smaller urban infill. Farther to the east is Greenacres Middle School, which is zoned and designated CMU. While CMU allows for a wide variety of uses, due to the size of the parcel, it's expected development on the parcel would be at a scale and size to minimize impacts on adjacent land uses. Further, to protect the adjacent land uses, if the amendment is approved, the property would be subject to the city's transitional provisions, which minimize impacts to the less intensive single-family zones from the more intensive CMU zone. The Planning Commission expressed concerns that the proposed map amendment from SFR to CMU creates an intrusion into a single-family residential area. There was both positive and negative testimony related to this concern. The Commission determined the proposed map amendment is not compatible with adjacent land uses and surrounding neighborhoods. d. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools: Staffs analysis of the proposed amendment determined sewer, water, electricity, and other utilities are available to the site. The property is about 1 mile from Greenacres Park, 400 feet Attachment 2 - Planning Commission Findings and Recommendation CPA-2024-0002 Page 2 of 4 from Greenacres Middle School, 1 mile to Greenacres Elementary School, and 0.25 miles from the Appleway Trail. The impact of this development on the overall parks and recreation would be minimal and within the adopted Level of Service (LOS). Impacts to the Central Valley School District would be minimal. In regards the transportation network, Flora Road is designated as a minor arterial. The Comprehensive Plan identifies that Flora will be widened to a 3-lane cross section with curbs, sidewalks, and stormwater facilities. The forecast LOS for this stretch Flora maintains is "D" throughout the planning horizon within the adopted LOS. The impact of potential development under the CMU zone would be minimal and within the adopted LOS. The parcel is within 1/4 mile of STA Route 98 and within 1/2 mile of STA Route 95. These routes provide service frequencies of every 30-minutes in each direction between the Valley Transit Center, Liberty Lake, and the Spokane Valley Amazon Fulfillment Center. While these routes provide access to several daily goods and services, access to the Valley Transit Center expands the available service and express services to Downtown Spokane, the primary transit hub for the region. The Planning Commission expressed concerns about existing traffic levels on Flora Road generated by existing multi -family developments in the vicinity and that changing the land use designation of the property from SFR to CMU has the potential to increase traffic on Flora. There was both positive and negative public testimony related to this concern. The Planning Commission stated the public roads adjacent to the site are inadequate to handle traffic generated from potential development that would be allowed on the subject property if the land use designation was amended to CMU. e. The benefit to the neighborhood, City, and region: Staffs analysis determined the proposed amendment will provide a benefit to the neighborhood, City, and region by providing opportunity to provide much needed housing and meet the City's goals of providing housing options to minimize impacts to those experiencing housing instability. The expanded allowed uses allowed by CMU meets adopted policies. Additionally, the change provides the opportunity to provide a range of housing choices with close, convenient access to amenities as expressed in the comprehensive plan. The Planning Commission expressed concern that the proposed map amendment would not benefit the surrounding neighborhood. There was both positive and negative public testimony related to this concern. The Commission stated the property owner has the right to make use of the property within the limitations under the SFR land use designation. The Commission determined that an increase in intensity allowed under the CMU designation has the potential to negatively impact the surrounding neighborhood. f. The quantity and location of land planned for the proposed land use type and density and the demand for such land: The location of the proposal is in an area that typically would meet the description of CMU zone. Which is described in the Comprehensive Plan as being located along major transportation corridors along Sprague Avenue, and the north -south arterials. The location one block north of Sprague along Flora, a designated arterial, is a suitable location for the CMU zone. g. The current and projected population density in the area: Across the entire city the proposed change would have little impact on population density. h. The effect upon other aspects of the Comprehensive Plan: The proposed amendment has minimal to no effect on other aspects of the Comprehensive Plan. B. Conclusions: The Planning Commission did not find compliance with SVMC 17.80.140(I) — Comprehensive Plan Amendment Approval Criteria for CPA-2024-02. The Planning Commission determined the proposed 2024 Comprehensive Plan amendment is not consistent with the goals and policies of the Spokane Valley Attachment 2 - Planning Commission Findings and Recommendation CPA-2024-0002 Page 3 of Comprehensive Plan, and would not promote the public health, safety, welfare, and protection of the environment. C. Recommendations: Based on the General Findings and the specific findings and conclusions above, the Spokane Valley Planning Commission recommends the City Council deny 2024 Comprehensive Plan amendment file no. CPA-2024-02. Approved this 281 day of March 2024. Robert McKinley, Chairman ATTEST Marianne Lemons, Planning Commission Secretary Attachment 2 - Planning Commission Findings and Recommendation CPA-2024-0002 Page 4 of 4 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: March 28, 2024 Item: Check all that apply ❑ old business ❑ new business ® public hearing ❑ information ❑ study session ❑ pending legislation FILE NUMBER: STV-2024-0001 AGENDA ITEM TITLE: Public Hearing for STV-2024-0001 DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate the south 60' X 80' of Girard Road and the south 60' X 95' of Lily Road lying north of I-90 and south of Boone Avenue. GOVERNING LEGISLATION: Chapter 22.140 Spokane Valley Municipal Code (SVMC); RCW 35A.47.020 and chapter 35.79 RCW BACKGROUND: James Boone, LLC has requested the street vacation of Lily and Girard as described above to expand the operation area for the existing Landscape Materials business. The adjacent property owner Avodah, LLC has also signed the application, authorizing James Boone, LLC to represent their interests. James Boone, LLC and Avodah, LLC own the adjacent property to the ROW requested to be vacated. The Lily right-of-way proposed to be vacated is adjacent to parcels 35131.1182, 35131.1163, (owned by James Boone, LLC) 35131.1116 and 35131.1117 (owned by Avodah, LLC). The Girard right-of-way proposed to be vacated is adjacent to parcels 35131.1145, 35131.1170, 35131.1171, and 35131.1193 (owned by James Boone, LLC). The right-of-way is paved, but does not have curb, gutter, or sidewalk. The total area is approximately 10,502 square feet. On February 27, 2024, the City Council passed Resolution 24-004 to set a public hearing date with the Planning Commission on March 28, 2024. The Planning Commission conducted a study session on March 14, 2024. The March 28`h 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: Recommend approval of street vacation file STV-2024-0001 to the City Council with staff conditions. STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: 1. Staff Report 2. PowerPoint presentation RPCA Public Hearing for STV-2024-0001 Page 1 of 1 ECONOMIC DEVELOPMENT DEPARTMENT PLANNING Spokanka e STAFF REPORT AND RECOMMENDATION TO THE jValley PLANNING COMMISSION FILE: STV-2024-0001 STAFF REPORT DATE: March 21, 2024 FILE NO: STV-2024-0001 PROPOSAL DESCRIPTION: Street vacation request to vacate the south 60'X80' of Girard Road and the south 60'X95' of Lily Road lying north of I-90 and south of Boone Avenue. STAFF PLANNER: Lori Barlow, AICP, Senior Planner APPLICANT: James Boone, LLC and Avodah, LLC PROPERTY OWNER: City of Spokane Valley PROPOSAL LOCATION: The Lily right-of-way proposed to be vacated is located approximately 150 feet south of the intersection of Lily and Boone, and adjacent to parcels 35131.1182, 35131.1163, 35131.1116 and 35131.1117; The Girard right-of-way proposed to be vacated is also 150 south of intersection of Girard and Boone, and adjacent to parcels 35131.1145, 35131.1170, 35131.1171, and 35131.1193; further located in the NE quarter of Section 13, Township 25 North, Range 43 East, Willamette Meridian, Spokane Valley, Washington. BACKGROUND: On February 27, 2024, City Council approved Resolution No. 24-004 to set the public hearing date with the Planning Commission on March 28th, 2024. James Boone, LLC has requested the street vacation of a 60' X 95' dead end segment of Lily Road and a 60'X80' dead end segment of Girard Road to expand the operation area for the existing Landscape Materials business. The adjacent property owner Avodah, LLC has also signed the application, authorizing James Boone, LLC to represent their interests. James Boone, LLC and Avodah, LLC own the adjacent property to the ROW requested to be vacated. The Lily right-of-way proposed to be vacated is adjacent to parcels 35131.1182, 35131.1163, (owned by James Boone, LLC) 35131.1116 and 35131.1117 (owned by Avodah, LLC). The Girard right-of-way proposed to be vacated is adjacent to parcels 35131.1145, 35131.1170, 35131.1171, and 35131.1193 (owned by James Boone, LLC). The right-of-way is paved, but does not have curb, gutter, or sidewalk. The total area to be vacated is approximately 10,500 square feet. Staff Report and Recommendation STV-2024-0001 Page 1 of 7 March 28, 2024 The right of way was dedicated by the First Addition to East Spokane Plat in 1911. Portions of the Plat were vacated to allow for the construction of I-90 in the 1950's, leaving the neighborhood bisected and establishing Girard and Lily as dead-end streets. In the 1970's Spokane County further vacated the northerly portions of the two streets to the configuration that exists today. The original right-of-way was established through the plat, so the right-of-way if vacated would be returned half width to each of the adjacent parcels. The surrounding properties are currently developed with a landscaping company (Broadway Landscaping) to the south of the terminating points of Girard and Lily, the property abutting Girard was residential and the homes are in the process of being removed or demolished. The property abutting Lily is used by the landscaping company to the east and Senske Services to the West. Both businesses take access off Cataldo Avenue. Lily and Girard are both developed as local access streets, and not intended for commercial truck traffic. Water, sewer and gas are located in the right-of-way and can be adequately preserved with easements. Lumen and Comcast have indicated that their facilities are located outside of the area requested to be vacated. James Boone, LLC has requested the street vacation for the following reasons: 1. The shop for Broadway Landscaping is located on the lot abutting N Lily and addressed as 1110 N. Lily. The main entrance for the business is off Cataldo and addressed as 7121 E Cataldo. This creates confusion for customers as the mapping tools direct access to Lily. 2. Traffic attempts to access Cataldo Avenue and the freeway by traveling on Girard and Lily, contributing to traffic in the neighborhood. 3. The additional residential properties were purchased with the intent to create paved storage space for the landscaping materials. This will reduce the amount of dust and noise affecting the residential neighbors. 4. The shop is located outside of the fenced business area. The property owner would like to secure the property with fencing to include the vacated right-of-way to reduce impacts of trespassing and vandalism. APPROVAL CRITERIA: 1. Chapter 22.140 SVMC — Street Vacations 2. City of Spokane Valley Street Standards ATTACHMENTS: Exhibit 1: Vicinity Map Exhibit 2: Aerial Map Exhibit 3: Notice of Public Hearing Exhibit 4: Agency Comments I. PROPERTY INFORMATION Size and Characteristics of The area to be vacated is paved right-of-way and totals proposed vacation: approximately 10,500 square feet. Adjacent Comprehensive Plan Industrial (I) Industrial Staff Report and Recommendation STV-2024-0001 Page 2 of 7 March 28, 2024 Adjacent Land Use(s): North Residential development; South — Outside sales/outside storage landscape materials yard; East - Commercial Operations and vacant; West — Commercial Operations H. 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? The area proposed to be vacated lies between parcels owned by the applicants. The current use of the properties abutting Girard is residential, but the structures are intended to be removed. The current use of the properties abutting Lily is Industrial — Senske Services and Broadway Landscape Supply. The area is zoned Industrial, and if the street vacation is granted the lots would be used to expand the landscaping operations area located to the south. Both businesses take commercial access from 7121 E Cataldo Avenue. Access from Girard and Lily to the business is not needed, nor allowed as the streets are designated as local access streets. The surrounding residential development would not be impacted as their access would be unaltered by the street vacation. Avista, Spokane County Water District #3 and Spokane County Public Works Wasterwater System Division have utilities located in the right-of-way and requested an easement to retain rights for the maintenance, construction and reconstruction as required. The vacation is expected to have no impact on the public. 2. Whether the street or alley is no longer required for public use or public access? If the structures abutting Girard are removed, and if the structure on 1110 N Lily is included in the existing landscaping supply operations, the right-of-way will not be required for current or future public access. The construction of I-90 eliminated connectivity in the area by creating dead ends. Relocating the dead end of Girard 80' and Lily 95'to the north has no impact on public use or public access. Stormwater improvements are not located in Girard or Lily, and the right-of-way is not needed for future stormwater improvements. Future stormwater improvements may be required on the property to the north if the area is redeveloped consistent with the Industrial zone. 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 there is no need for a new or different public way. The dead-end portions of the street do not provide access to any undeveloped properties. All lots abutting the proposed vacated right-of-way are owned by the applicants and will have access from Cataldo Avenue. So long as access easements are retained for the utility's facilities, the public interest is served. 4. Whether conditions may change in the future to provide a greater use or need than presently exists? Staff Report and Recommendation STV-2024-0001 Page 3 of 7 March 28, 2024 If the street vacation were granted, the abutting properties would become part of the existing landscape materials business (Broadway Landscaping). Access to the business is from Cataldo Avenue. Adjacent residential properties take access from Girard and Lily and would not be impacted as the Girard and Lily street segments lead to dead ends abutting the Broadway Landscaping site. The existing business would not be allowed access from the residential local access roads. Future redevelopment of the adjacent properties should not be affected as the properties have frontage on Girard or Lily. It is not anticipated that changes would occur in the future that would require the use of the subject right-of-way for public access. 5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? Notice of the public hearing was made by posting written notice on the City's web page and at City Hall; publishing notice in the Spokane Valley Herald, posting both ends of the right-of- way to be vacated, and a direct mailing to property owners adjacent to the proposed vacations. To date, no objections by the public or governmental agencies have been received. Conclusions: The findings confirm criteria set forth in SVMC 22.140.030 have been met. B. COMPLIANCE WITH TITLE 21 SVMC —ENVIRONMENTAL CONTROLS The Planning Division has reviewed the proposed project and has determined that the project is categorically exempt pursuant to WAC 197-11-800(2)(i) and SVMC 21.20.040 from environmental review under the provisions of the State Environmental Policy Act (SEPA). HI.PUBLIC COMMENTS Findings: No public comments were received following the notice of public hearing posted, emailed and mailed on March 8, 2024. A Notice of Public Hearing sign was posted on March 8, 2024 on each end of Girard and Lily, the area proposed to be vacated. Notices were posted on the City of Spokane Valley web page and in the main reception area. The public hearing notice was mailed to all owners adjacent to the area proposed to be vacated on March 8, 2024. Staff and agencies were notified of the request on March 4, 2024. Lastly, the notice was published in the Spokane Valley Herald on March 8, 2024 and March 15, 2024. 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 March 4, 2024. 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. Staff Report and Recommendation STV-2024-0001 Page 4 of 7 March 28,2024 Agency Received Comments Comments Dated City of Spokane Valley Public Works — Development Engineering Yes March 5, 2024 City of Spokane Valley Public Works — Stormwater Yes March 11, 2024 City of Spokane Valley Public Works - Traffic No City of Spokane Valley Public Works — Maintenance No Spokane Valley Fire District No.l Yes March 15, 2024 Spokane County Public Works - Wastewater Yes March 14, 2024 Spokane Regional Health District No Yellowstone Pipeline No Spokane County Water District No. 3 Yes March 8, 2024 Avista Utilities Yes March 14, 2024 Century Link Lumen Yes March 6, 2024 Comcast t Yes March 6, 2024 Findings: The application was routed to jurisdictional agencies, utilities, and public districts for review and comment. Avista has gas distribution facilities located in the Girard Road right-of-way. Spokane County has sewer mains in both Girard and Lily right-of-way. Spokane County Water District No. 3 has utility lines located in Girard Road right-of-way. Easements are requested by each agency for the purposes of maintenance and access. Lumen and Comcast have facilities in the area, but they are located outside of the area requested to be vacated. The Fire Department indicated that if the residential structures remained on Girard access should be considered. The Fire Department had specific requirements related to the existing Cataldo access that included maintaining a turnaround, signage, gates, and Knox products. Other agencies, including City Departments, indicated they had no issue with the street vacation. Conclusion(s): Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns regarding the proposed street vacation of the segments of Girard Road and Lily Road so long as easements are established and access for emergency vehicles is preserved. The request has been conditioned accordingly to address the concerns. V. OVERALL CONCLUSIONS AND FINDINGS Staff concludes that STV-2024-0001 as proposed is consistent, or will be made consistent, through the recommended conditions of approval based on the approval criteria stated herein. RECOMMENDATION: Staff Report and Recommendation STV-2024-0001 Page 5 of 7 March 28, 2024 Approve the request to vacate the southern 60' X 95' of Lily Road adjacent to parcels 35131.1182, 35131.1163, 35131.1116 and 35131.1117, and the southern 60' X 80' of Girard Road adjacent to parcels 35131.1145, 35131.1170, 35131.1171, and 35131.1193, subject to the following: 1. Initial work to satisfy the conditions of the street vacation (File No. STV-2024-0001), including all conditions below, shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred to the owners of the abutting parcels located on Girard Road (35131.1145, 35131.1170, 35131.1171, and 35131.1193) and Lily Road (35131.1182, 35131.1163, 35131.1116 and 35131.1117,) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 4. Such property shall become part of each abutting parcel. 3. The adjacent property owners shall purchase from the City the public right of way to be vacated consistent with Resolution 22-020. The exact cost of purchase shall be determined by the final square footage of the area to be vacated according to the record of survey. " 4. The applicant shall establish an easement acceptable to AVISTA for access and preservation of existing services within the area to be vacated. The location and recording number shall be shown on the record of survey. 5. The applicant shall establish an easement acceptable to Spokane County Water District 43 for access and preservation of existing services within the area to be vacated. The location and recording number shall be shown on the record of survey. Alternatively, the utilities can be capped and abandoned at the northern property line of the Girard Road vacation request area. The cost to abandon and relocate or reconnect existing water service onsite shall be at the expense of the owner, and work shall be performed by the Water District. 6. The applicant shall establish an easement acceptable to Spokane County Public Works Wastewater System Division for access and preservation of existing services within the area to be vacated. The location and recording number shall be shown on the record of survey. 7. The applicant shall coordinate with Lumen to determine if the pedestal located near the north boundary of the Girard right-of-way to be vacated should be relocated. If relocation is required, it shall be at the property owner's expense. Verification from Lumen shall be required prior to recording the record of survey. 8. The structures located at 1108 and 1109 N Girard shall be removed or demolished. Contact The Spokane Valley Permit Center to determine if a demolition permit is required. 9. The Spokane Valley Fire Department shall review and approve access to 1110 N Lily Road and 7121 E Cataldo Avenue, the main commercial entrance, to determine if adequate fire apparatus access is provided. a. An on -site turnaround area shall be maintained unless through access is provided. b. Additional requirements from the Fire Department may be required if thru access is not Staff Report and Recommendation STV-2024-0001 Page 6 of 7 March 28, 2024 provided and gates are proposed. 10. 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. 11. 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. 12. The Industrial zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 13. 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. 14. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Staff Report and Recommendation STV-2024-0001 Page 7 of 7 March 28, 2024 LM m1 m L ram N O N W N t U L ca paJuaun puog papaoaaa SaninS 3o paoaag puu aauuuip.ip Mainag 33u;S pausi;us suoilipuoa 2 L iiauno N N O N � N N ti 0 Uoissitutuo 1 tui ivaq aiignd ;as Itaunoa SjIa paniaaag uoi;uatiddV b N S'. bA v C: ca U 0 O z v � ra L ro C: U Z 4-J -Q N 0 O � a . C— O :4--J U �J �J ^ , W }, N W C O m 4--J r .. w O a--+ U L U F= Z .� �O Z w JT-T k� pit do O • r: An : dOw ate-+ ral I U _� U J i Co J i co Co (U S= U O } N S= U N J 00 O-- (3) v— J O {- O} O L� m C 1 0 C6 O CoI O Oi Cll v .-0N � C6 N V N x c� °'} xcu> Q0 cu co Co 73 occ > Q ) a- W cu co� Q-no L V) c .0 � _0 C: 0 u � � M UO 4-J C: 0) E E 0 u 2 � E ° \ 0 / / / / \ k 2 Lu : \ i / / $ Lu : \ \ 7 / : \ k k 2 ° ± E E U $ $ ° ° $ # m / / O O «% 2 2 G a@ / = y» z z X e= z z¥ 3 m 5 g 7 § 0 7 �% 4 /ff\¢ Ef < « W � (n a) 1± 1 3 ƒ ƒ $ » / § .\ k a 9 2 (U c: Z W k \ = E 0+\0 @ _ 3£ - O a»2 e 7 I ± m m c a e E 7� ¥/ m f\/ J @ E> § I a I e # R\± 5 % E \ / 2 \ # 3 / / a a § / / / /7m W \ \ \ a_ a_ > m E ±° E ƒ / Of° \ \ U/ m0EEa cuo ( n v § © © C)CO 0 ® � 0- ƒ \ a % \ \ / u Al oaf, 4-j U) mR W N m W (B Q U � T X � O + 70 � U) E U C � i co U7O C — O Q :3 O O (j)-� -0 (:L) o 3 �+, co (6 U7 O O U r U 0Q M N N � E Ul U' N X N +T a) O a� 70 a) �) O � N v F- U U) U) C) U)U c6 c� � � O 0 %— Q O .> U) C O T -O J � 70 Q) c M 70 U (y6 O U E N c � 3 3 N O'L) n m M a 0 E E U co b�0 O O N O a-.+, O 70 c (D O C- U O W c O E � U � O � � O U Q L U U cn Q U) U) E O n00 E Q E E Q Q ~ O Q Q O O Q Q 0 n� W E -1-+ co L^ CL W in U — U V) CO cn L U LL +� ( U O (B L � � Q W / V � Z My�/� l.lN L N 41 U QJ -� t U Ln QJ Ln � u N U N -J N L Q •5� E O QJ Q X •QJ • G O Q V • �� RAY V _ h - - - - � - , ��� ,fit.•. i I \, 4-J UO 1 �l 4Pp� V •� o 70 cn o 0 O O 4- U -0 Q) Cr Q) U .� 70 O• U) CO 70 N mcc� O Q) Jocf) ti