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HomeMy WebLinkAboutOrdinance 24-011 Street Vacation Hutchinson Rd & Riverside AveCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.24-011 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF APPROXIMATELY 10,800 SQUARE FEET OF RIVERSIDE AVENUE AND 7,800 SQUARE FEET OF HUTCHINSON ROAD LYING AT THE NW INTERSECTION OF SPRAGUE AND ARGONNE, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, on May 14, 2024 the City Council approved Resolution 24-008 to set the public hearing date for the Planning Commission to consider vacation of 10,800 square feet of Riverside Avenue and 7,800 square feet of Hutchinson Road lying at the NW intersection of Sprague and Argonne; and WHEREAS, on June 13, 2024, the Planning Commission held a public hearing; and WHEREAS, following the hearing, the Planning Commission found that the notice and hearing requirements of Spokane Valley Municipal Code (SVMC) 22.140.020 had been met; and WHEREAS, the Planning Commission findings and minutes have been filed with the City Cleric as part of the public record supporting the vacation; and WHEREAS, none of the property owners abutting the property to be vacated filed a written objection to the proposed vacation with the City Cleric; and WHEREAS, Pursuant to SVMC 22.140.040(D) and Resolution 22-020, the value of 50% of Riverside Avenue is $23,652.00, and the value of 50% of Hutchinson Road is $17,472.00. The total cost to be paid to the City for the right-of-way to be vacated is $41,124,00; and WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the road, the City shall transfer the vacated property to the owners of the abutting parcels located on Riverside Avenue (45184.9111, 45184.9112 and 45184,2263) and Hutchinson Road (45184,9111 and 4584,2263), the zoning district designation of the properties adjoining the street shall attach to the vacated property, a record of survey shall be submitted to the city, and all direct and indirect costs of title transfer to the vacated street shall be paid by the proponent or recipient of the transferred property; and WHEREAS, the City Council desires to vacate the above portions of Riverside Avenue and Hutchinson Road lying at the NW intersection of Sprague and Argonne pursuant to chapter 22.140 SVMC. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: 1. Riverside Avenue intersects with Argonne Road approximately 120' north of the intersection of Sprague and Argonne, both principal arterials. Spokane Valley Street Standards (SVSS) table 7.5 — Minimum Intersection Spacing for focal Access Streets requires an intersection spacing of 660'. Intersection spacing is measured from the center of intersection to center of intersection. In this case, from the center of Riverside Avenue to the center of Sprague Avenue. The width of parcel #45184.9112, which lies between Riverside Avenge and Sprague Avenue, is approximately 33'. The intersection spacing does not meet the standard. Eliminating the intersection increases safety while reducing the opportunity for crashes as vehicles exit or enter Argonne. Riverside Avenue is currently paved approximately 20' wide with no curb or gutter; Hutchinson Road is paved in varying widths up to 40' wide as it extends north toward Ordinance 24-011 — Vacating a portion of Riverside and Hutchinson Page I of 6 Harrington. SVSS table 7.3 Access Street Design Criteria requires the minimum asphalt width for local access streets to be 30' wide and 40' wide for a commercial local access street. Widening or restoring city streets is considered a capital improvement project. Transportation improvements funded and scheduled over the next 20 years are listed on the City's Transportation Improvement Plan {TIP). Improvements to Riverside Avenue or Hutchinson Road are not identified on the TIP. The City cannot require the adjacent property owners to make improvements to the substandard streets unless development is proposed. The paved widths do not meet the standard and the City has not identified improvements to the streets on the TIP. Street widths are designed to address accessibility and safety. Eliminating the intersection at Riverside and Argonne that allows exiting vehicles from an arterial at 35 mph onto a narrow street increases safety by reducing opportunities to vehicle and pedestrian conflicts. 2. The portion of Riverside Avenue and Hutchinson Road requested to be vacated are used for access to the business on the north (Ultimate Truck, owned by MacPherson Holdings) and the business on the west (Hyundai, owned by CANUSA Land Holdings). However, the main access to Ultimate Truck is from Argonne with some exiting customer and delivery traffic Ieaving through Hutchinson. Access to Hyundai occurs through a gate on Hutchinson. The property has additional access through parcel #45184,1946, which abuts Harrington, as well as informal access across the railroad to the Sprague Store front site on parcel 4451849186. The parcel located south of Riverside (Parcel #45184.9112) is currently owned by CANUSA Land Holdings (Hyundai) but used by Ultimate Truck for display and parking. The parcel has 33 of frontage on Argonne and 200' of frontage on Riverside and Sprague. Pursuant to SVSS 7.8.2.b and c, properties are restricted to one access point on arterials, except that when a property has frontage on two or more streets and spacing requirements cannot be met the driveway approach shall be located on the street with the lowest classification unless safety considerations dictate. In this case parcel access would be from Riverside. If Riverside is vacated and the parcel remains, access would be from Argonne or Sprague. Access from Argonne could not meet the approach widths requirement noted in SVSS 7.8.5 nor the corner clearance from intersections of 75' in SVSS 7.8.7.2. Due to the sloped bank between the parcel and improved Sprague access onto Sprague is not practical. The applicant has indicated that if the street vacation request is granted, parcel #45184.9112 would be purchased and consolidated with the northern parcel with Ultimate Truck. The applicant intends to purchase additional property from CANUSA that would allow for the acquisition of the vacated ROW and all abutting property. This would eliminate the access problem as once the parcel is combined it would have access from Argonne. To preserve access for CANUSA owned properties, an access easement shall be required. Water, sewer, gas, electric, and cable lines exist throughout the right-of-way. Each utility provider has expressed a need for an access and maintenance easement. Their continued service needs are met if an easement is provided 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, but that it would improve public safety if the street intersection and driveway were removed, and a single driveway were to be constructed. The street functions as a private access for CANUSA and Ultimate Truck and currently does not meet street standards or driveway separation standards. Other businesses in the area have either direct access to Argonne, or direct access to Hutchinson Ordinance 24-011-- Vacating a portion of Riverside and Hutchinson Page 2 of 6 via Main Avenue. So long as access casements are retained for existing utilities, the public interest is served. 4. Zoning may allow the parcels to develop more intensely. if the street vacation were granted, and the abutting properties were consolidated into a single parcel, future development would have safer access from Argonne Road and/or Hutchinson Road. Properties to the north have direct access to Hutchinson and/or Argonne Road. Vehicles traveling to those properties with Hutchinson Road frontage will travel south on Argonne Road, which is a south one way arterial, and turn right on Main Avenue and then immediately onto Hutchinson Road, Since Argonne is one way, the vacation of Riverside Avenue will not impact the driving patterns of persons attempting to access properties on Hutchinson located between Main and Riverside. 5. 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 were received. Resolution 22-020 was adopted pursuant to RCW 35.79.030 to set the City's policy for imposing vacation charges. Pursuant to Section 1 of Resolution 22-020: a. The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal 50% of the appraised value of the vacated property received. i. The appraised value shall be the same as the value of an equivalent portion of property adjacent to the proposed vacation as established by Spokane County Assessor at the time the matter is considered by the City Council. ii. If the value of adjacent properties differs then the average of the adjacent property values per square foot will be used. Based on the average assessed value of the adjacent properties, $23,652.00 is 50% of the assessed value of the Riverside ROW, and $17,472.00 is 50% of the assessed value of the Hutchinson ROW. Therefore, $41,124.00 is the arnount to be paid by the adjacent property owners. Section 2. Property to be Vacated. Based upon the above findings, the City Council does hereby vacate the portions of street for Riverside and Hutchinson which is incorporated herein by reference, and legally described in Exhibit A — Land Description. Section 3. Division of Property to be Vacated. Pursuant to RCW 35,79,040 and SVMC 22.140.040(C), the vacated portion of the street or alley shall belong to the abutting property owners, one- half to each, unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. There are three abutting properties, with two owners, and all of the property will become part of abutting parcels equally. The completion of the vacation shall be recorded in the record of survey which shall be created and recorded with Spokane County pursuant to SVMC 22.140.090. Section 4. Zoning, The zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The City Manager, or designee, is authorized to snake this notation on the official Zoning Map of the City. Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. 1. All conditions of the street vacation (STV-2024-0002) shall be completed within 1 Ordinance 24-011 --- Vacating a portion of Riverside and Hutchinson Page 3 of 6 year following the effective date of approval by the City Council, unless otherwise approved by the City Manager or designee who may grant a one-time extension of 1 additional year if it is determined that good faith efforts have been undertaken. 2. The vacated property shall be transferred to the owners of the abutting parcels located on Riverside Avenue (45184.9111, 45184.9112 and 45184.2263) and Hutchinson Road (45184.9111 and 45184.2263) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 15. Such property shall become part of each abutting parcel, unless one abutting property owner submits a signed and notarized document from the owner forfeiting the right to acquire the right-of-way after it is vacated and authorizing it to go to the other property owner. Should such forfeiture occur, it shall be reflected in the record of survey. 3. A boundary line elimination shall be included in the record of survey that results in the consolidation of parcel #45184.9111 and parcel #45184.9112, such that only one parcel exists at the intersection of Argonne and Sprague. Alternatively, a shared access easement may be established for parcel #'s 45184.9111. 45184,9112, and 45184.2263 and recorded with Spokane County Auditor's Office. The AFN shall be shown on the record of survey. 4. Ali access easement shall be established for parcel #45184.2263 and recorded with Spokane County Auditor's Office if the record of survey shows the consolidation of parcel#45184.9111 and #45184-9112. The AFN shall be shown on the record of survey. The adjacent property owner(s) 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. Only one driveway approach shall be permitted at Argonne Road and it shall be located at the intersection of Riverside Avenue and Argonne Road. The existing curb returns, curb ramps, and street signs shall be removed and replaced with Type B curb & gutter per Std. Plan R-102, sidewalk per Std. Plan R-103, and a 30' wide driveway approach per Std. Plan R-114. The driveway approach shall be installed as far north as possible to increase the separation distance frorn Sprague Avenue. The existing driveway approach serving 15 N. Argonne Road shall be removed and replaced with Type B curb & gutter and sidewalk per Std. Plans R-102 and R-103, respectively. Construction within Argonne Road right-of-way shall require a Right -of -Way Permit. A site plan and traffic control plan for the required improvements shall be submitted for review and approval prior to permit issuance. 9. An approach from Argonne is required from Argonne Road to a drive aisle on site that allows for through access to Hutchinson Road a. Access can be gated as long as the gate is 35' from the ROW per City of Spokane Valley standard plan R-150 so a fire truck does not have to park on Argonne Road; b. Gates require a Knox padlock or Knox key switch for fire department access to existing building and hydrant "Emergency Access only sign may be placed on Ordinance 24-011-- Vacating a portion of Riverside and Hutchinson Page 4 of 6 gate facing Argonne Road. 10. At the intersection of Hutchinson Road and Harrington Avenue, a 30"x30" Dead End sign (MUTCD W14-1) shall be installed mounted on a steel post per Std. Plan R-141. 11. The applicant shall coordinate with Avista to establish a utility easement for gas and electric services located in both vacated Riverside Avenue and Hutchinson Road. Easements shall be recorded and referenced on the final Record of Survey. 12. The applicant shall establish an easement acceptable to Hutchinson Irrigation District 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. 13. The applicant shall establish a public sewer 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. 14. The applicant shall establish an easement acceptable to Lumen for access and preservation of existing services within the area to be vacated. The location and recording number shall be shown on the record of survey. 15. 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. 16. 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. 17. The Corridor Mixed Use 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. 18. 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. 19. All conditions of City Council authorization shall be fully satisfied prior to ally transfer of title by the City. Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is authorized to execute and finalize all necessary documents to complete the transfer of the property identified herein. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or Ordinance 24-011 — Vacating a portion of Riverside and Hutchinson Page 5 of 6 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section S. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this 30"' day of July, 2024. ATTEST: (�-� "a� Ohs Pam Haley, Mayor MarciNPatterson, City Cleric Ap oved As To Form: Of�ce of ity Attorney Date o Publicati n: k ?-ozq Effective Date: 1 Ordinance 24-011 Vacating a portion of Riverside and Hutchinson Page 6 of 6 Exhibit A —Land Description STV-2024-0002 Legal Description: RIVERSIDE AVENUE LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF HUTCHINSON ROAD AND WEST OF THE WEST RIGHT-OF-WAY LINE OF ARGONNE ROAD; HUTCHINSON ROAD LYING NORTH OF THE SOUTH RIGHT-OF-WAY LINE OF RIVERSIDE AVENUE AND SOUTH OF RAILROAD AVENUE, HUTCHINSON ADDITION, AS PER PLAT RECORDED IN VOLUME'(' OF PLATS, PAGE 4; SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON.