2024-04-11 - Agenda PacketSpokane
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Notice and Agenda For Regular Meeting
Spokane Valley Planning Commission
Thursday, April 11, 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 April 11, 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 planning@snokanevallevwa.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:
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AGENDA:
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES: March 28, 2024
6. COMMISSION REPORTS
7. ADMINISTRATIVE REPORT
8. PUBLIC COMMENT: This is an opportunity for the public to speak on any subject except items listed as public comment
opportunity or public hearing as comments will be taken when those items appear on the agenda.
9. COMMISSION BUSINESS:
a. Findings of Fact: STV-2024-0001 — Girard Rd & Lily Rd Street Vacations (Presented By Lori Barlow)
b. Presentation: Spokane Transit Authority — STA Connect 2035 —10 Year Strategic Plan Update
10. FOR THE GOOD OF THE ORDER
11. ADJOURNMENT
Regular Meeting Minutes
Spokane Valley Planning Commission
Spokane Valley City Hall
March 28, 2024
I. Chairman Bob McKinley called the regular 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 Marianne Lemons 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, absent Levi Basinger, Associate Planner
Justin Weathermon Justan Kinsel, IT Specialist
Dan Wilson Marianne Lemons, Administrative Assistant
There was consensus from the Commission to excuse Commissioner Smelik.
Commissioner Robertson arrived at 6:03 p.m.
IV. AGENDA: Commission Wilson moved, and it was seconded to approve the meeting agenda for
March 28, 2024, as submitted. There was no discussion. The vote on the motion was five in favor,
zero against, and the motion passed.
V. MINUTES: Commissioner Delucchi moved, and it was seconded, to approve the March 14, 2024,
minutes as presented. There was no discussion. The vote on the motion was five in favor, zero
against, and the motion passed.
VI. COMMISSION REPORTS: There were no Commissioner reports.
VH. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that Michael Kelly has
been appointed to the vacant position on the Planning Commission. He also stated that a
representative from Spokane Transit Authority will be providing a presentation on their ten-year
comprehensive plan at the first meeting in April.
VIII. PUBLIC COMMENT: There was no public comment offered.
03-28-2024 Planning Commission Minutes Page 2 of 3
IX. COMMISSION BUSINESS:
a. Findings of Fact: 2024 Annual Comprehensive Plan Amendments
Planner Levi Basinger provided a brief overview of the Findings of Fact for the 2024 Annual
Comprehensive Plan Amendments (CPA-2024-0001 & CPA-2024-0002), explaining how they
formalize the Commission's recommendations made after receiving public comment during the
public hearing and Planning Commission deliberations.
Commissioner Delucchi moved, and it was seconded to approve the Findings of Fact for STV-2024-
0001 as presented. There was no discussion. The vote on the motion was five in favor, zero against,
and the motion passed.
b. Public Hearing: STV-2024-0001 — Girard and Lily Street Vacations
The Public Hearing was opened at 6:11 p.m.
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 stated that the large public hearing notice signs were posted on each end of the area to
be vacated, posted in City Hall and on the City website. A written notice was mailed to the property
owners abutting the vacated area and the notice was published in the Valley Herald and the
Exchange newspapers on March 18' & March 25', 2024. The City did not receive any public
comment from that notice.
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.
Ms. Barlow stated that staff has reached out to utilities and service providers regarding the
proposal. Avista commented that they have a gas line in the Girard right of way (ROW) and
required a 10' wide utility easement centered on all services. Spokane County Water District
#3 commented that they have a water mainline in Girard ROW and requested a 20' wide utility
easement centered over existing utilities. Spokane County Environmental Services
commented that they have sewer lines in Girard and Lily ROW's and requested a 20' easement
centered over existing utilities. These requests are included as conditions of approval in the
staff report. Lumen commented that they have a pedestal located near the Girard property line
and Comcast commented that they have aerial cable facilities outside the STV area; however,
they did not request easement access.
03-28-2024 Planning Commission Minutes
Page 3 of 3
Ms. Barlow explained that the Fire Department commented that they would like to maintain
access to residences if retained or adequate access provided to the commercial site, an on -site
turn -around to be maintained if thru access is eliminated, any gates installed are to be reviewed
and approved by the fire department, and Knox Products are required for the gates. These are
also added as conditions of approval.
Ms. Barlow said that if the street vacation is granted, half of the vacated ROW will be
distributed to each adjacent lot, the property owners must pay for the property received, and
the requested utility easements must be established by a Record of Survey.
The applicant, James Boone stated that he did not have anything to add to the report given by
Ms. Barlow.
Commissioner Robertson asked if gates will be maintained on the north end of the property.
Mr. Boone answered that the gate will be maintained for Fire Department access but will be
closed to the public.
There was no public comment offered so the public hearing was closed at 6:30 p.m.
Commissioner Delucchi moved, and it was seconded to recommend approval of STV-2024-
0001 with staff conditions to the City Council. There was no discussion. The vote on the
motion was five in favor, zero against, and the motion passed.
X. GOOD OF THE ORDER: Chairman McKinley stated that he will not be able to attend the
meeting on April 11, 2024.
XI. ADJOURNMENT: Commissioner Wilson moved, and it was seconded, to adjourn the meeting at
6:34 p.m. The vote on the motion was five 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: April 11, 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: Findings and Recommendations - 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 and a public hearing on March 28lb, 2024. On March 281s, 2024 the
Planning Commission voted 5-0 to recommend approval with the staff conditions of the street
vacation (STV-2024-0001) to the City Council.
OPTIONS: Approve the Planning Commission Findings and Recommendation or approve the Findings
and Recommendation with changes.
RECOMMENDED ACTION OR MOTION: Approve the Planning Commission Findings and
Recommendation for STV-2024-0001.
STAFF CONTACT: Lori Barlow, AICP, Senior Planner
ATTACHMENTS:
Findings of Fact
RPCA Public Hearing for STV-2024-0001 Page 1 of 1
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
Pursuant to Spokane Valley Municipal Code (SVMC) 17.80.150(E) the Planning Commission shall
consider the proposal and shall prepare and forward a recommendation to the City Council
following the public hearing. The following findings are consistent with the Planning
Commission's decision to recommend approval of File No. STV-2024-0001.
A. Background:
1. Chapter 22.140 SVMC, governing street vacations, was adopted in September 2007 and
became effective on October 28, 2007.
2. STV-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.
3. The Planning Commission held a properly noticed public hearing on March 28, 2024. On
March 28, 2024, the Planning Commission conducted deliberations and voted 5-0 to
recommend approval of STV-2024-0001 to the City Council.
B. Planning Commission Findings:
Compliance with SVMC 22.140.030
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.
Findings and Recommendations of the Spokane Valley Planning Commission STV-2024-0001 Page 1 of
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 anew 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 so change in the future as to provide a greater use or need
than presently exists.
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.
C. Conclusions:
The findings confirm that the criteria set forth in SVMC 22.140.030 have been met.
D. Recommendation:
The Spokane Valley Planning Commission therefore recommends the City Council
approve STV-2024-0001 subject to the following conditions:
1. Initial work to satisfy the conditions of the street vacation (Pile 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.
Findings and Recommendations of the Spokane Valley Planning Commission STV-2024-0001 Page 2 of
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 #3
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 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.
Findings and Recommendations of the Spokane Valley Planning Commission STV-2024-0001 Page 3 of 4
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.
Approved this 11th day of April, 2024
Planning Commission, Chairman
ATTEST
Marianne Lemons, Office Assistant
Findings and Recommendations of the Spokane Valley Planning Commission STV-2024-0001 Page 4 of