Agenda 05/26/2011 ���TY�k�.n�
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Spokane Valley Planning Commission Agenda
City Hall Council Chambers, 11707 E. Sprague Ave.
May 26, 2011 6:00 p.m.
L CALL TO ORDER
IL PLEDGE OF ALLEGIANCE
IIL ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES:
VL PUBLIC COMMENT: On any subject that is not on the agenda
VIL COMMISSION REPORTS
VIIL ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
NEW BUSINESS: PUBLIC HEARING STV-Ol-11 STREET VACATION OF A PORTION
OF EASTERN RD AND FIRST AVE
X. FOR THE GOOD OF THE ORDER
XL ADJOURNMENT
COMMISSIONERS CITY STAFF
Joxlv G. CA�oLL,Cxaix KATHY McCLU1vG,CD DIxECTOx
MARCIA SANDS,VICE CFIAIR SCOTT KUHTA,PLANNING MGR,AICP
BILL BATES MIKE BASINGER, SENIOR PLANNER,AICP
RUSTiN HALL
STEVEN NEILL
JOE MANN DEANNA GRIFFITH,CFM
JOE STOY WWW.SPOKANEVALLEY.ORG
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: May 26,2011
Item: Check all that apply: ❑ consent ❑ old business � new business � public hearing
❑ information ❑ admin report ❑ pending legislation
AGENDA ITEM TITLE: Public Hearing. STV-01-11 — Request to vacate appro�mately 30 feet of width by 83
feet in length portion of dedicated unimproved right-of-way of Eastern Road north of ls`Avenue.
PREVIOUS ACTION TAKEN: City Council adopted Resolution No. 11-004 on Apri126, 2011, setting May 26, 2011
as the public hearing date.
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BACKGROUND: The applicant Spokane Valley Fire Department and on behalf of Washington State Department of
Transportation requests the vacation of a portion of Eastern Road. The right-of-way is unimproved and the abutting
parcels are accessed from Sprague Avenue and Eastern Road. The street is located appro�mately 330 feet west of the
intersection of ls`Avenue and Dyer Road and further located between Parcel# 35242.9004, 35242.0408 and state right-of-
way on the west and east and Parcel#35242.0407 to the north. Please reference map above.
Eastern Road was originally dedicated through the Taylors Resurvey Millers Park Plat. Located north of the proposed
vacation, appro�mately 127 feet of Eastern Road was vacated by Spokane County at the intersection of Eastern Road and
Sprague Avenue.
Pursuant to Spokane Valley Municipal Code (SVMC) 22104.030 the Planning Commission must make findings on the
following as part of their recommendation to City Council:
1. Whether a change of use or vacation of the street or alley will better serve the public;
2. Whether the street or alley is no longer required for public use or public access;
3. Whether the substitution of a new and different public way would be more useful to the public;
4. Whether conditions may change in the future as to provide a greater use or need than presently exists; and
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.
OPTIONS: Recommend approval, approve with conditions, or recommend denial.
RECOMMENDATION: Approval with conditions
STAFF CONTACT: Micki Harnois-Associate Planner
ATTACHMENTS:
Exhibit 1: Staff report
Exhibit 2: Findings and recommendations to the City of Spokane Valley Planning Commission
Exhibit 3: Vicinity map and 2010 Aerial Map
Exhibit 4: Street vacation application and written narrative
Exhibit 5: Letter from WSDOT
S'pakan'�e�
�Ual ley
STAFF REPORT
PROPOSED STREET VACATION
Proposal: Request to vacate approximately 30 feet of width by 83 feet in length of dedicated unimproved right-of-way of
Eastern Road.
Prepared by: Micki Harnois-Associate Planner
Date: May 26, 20ll
BACKGROUND: The applicant Spokane Valley Fire Department and on behalf of Washington State Department of
Transportation requests the vacation of a portion of Eastern Road. The right-of-way is unimproved and the abutting
parcels are accessed from Sprague Avenue or unimproved Eastern Road. The street is located approximately 330 feet west
of the intersection of ls`Avenue and Dyer Road and further located between Parcel#35242.9004, 35242.0408 and state
right-of-way on the west and east and Parcel# 35242.0407 to the north.
Eastern Avenue was originally dedicated through Taylors Resurvey Millers Park Plat. Located north of the proposed
vacation, appro�mately 127 feet of Eastern Road was vacated by Spokane County at the intersection of Eastern Road and
Sprague Avenue.
Findings:
1. The vacation of the street will better serve the public because it will allow for the full development of the
properties (Parcel#35242.9004, 35242.0407 and 35242.0408) abutting to the north and east.
2. This portion of the street is no longer required for public use or public access. The street cannot access
Sprague Avenue to the north and access is prohibited on Interstate 90 on the west.
3. Given the present age and condition of adjacent development, it is unlikely that conditions will change in the
future to provide a greater use or need than presently e�sts.
4. No objections have been received to the proposed vacation from the notice of public hearing.
5. Abutting Property Owner No. 1: The Spokane Valley Fire Department owns property that abuts the right-of-
way to the north,west and east(Assessor Parcel No(s). 35242.9004, 35242.0407 and 35242.0408).
Abutting Property Owner No. 2: Washington State Department of Transportation abuts the right-of-way on
the west.
6. Utilities:
a. Sewer: No sewer services are located in Eastern Road.
b. Water: East Spokane Water District No. 1 serves the site.No water mains are located in Eastern
Road north of ls`Avenue
c. Telephone/Fiber Optics:No concerns noted.
d. Gas and Electricity: No concerns noted.
e. Cable Television:No concerns noted
The specific location of any existin�utility easements is a requirement of the record of surve�
7. Stormwater drainage facilities: There is currently no drainage facilities located in the street.
8. Spokane Valley Fire District No. 1: The e�sting access to the e�sting fire station is from Sprague Avenue.
9. Zoning/Comprehensive Plan: Regional Commercial(RC)
10. Land Use: The northeast parcel contains a 4,294 square feet fire station. A paved fenced vacant lot exists on
the east parcel
ll. Spokane Valley Public Works Department: Appro�mately 50 feet of the right-of-way north of the
intersection of ls`Avenue and Eastern Road is not being vacated to allow for the maneuvering of equipment
for snow removal and road maintenance of the City's street.
12. Condition of street: Unimproved from is`Avenue north to Spokane Valley Fire Department property
13. Assignment of vacated portions of right-of-way: Pursuant to Section 22.140.0404.0 of the Spokane Valley
Municipal Code (SVMC) one-half of a vacated street shall go to each abutting property owner. Washington
State Department of Transportation submitted a letter dated Apri18,2011 waiving their interest in
having one-half of the Eastern Road right-of-way.
Conclusions:
The criteria set forth in Section 22140.030 of the SVMC has been met based upon the�ndings set forth.
FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION
May,26,2011
The following findings have been prepared by Staff for the Planning Commission in the event there is concurrence
with the recommended approval.
Background:
1. An application for vacation was filed on January 18, 20ll.
2. A completed application for vacation was processed on March 25,2011
3. City Council adopted Resolution No. ll-004 on April 26, 2011 setting the date for a public hearing.
4. The Planning Commission held a public hearing on May 26, 20ll.
5. Following a hearing, the Planning Commission found that the notice and hearing requirements of the
applicable Spokane Valley Municipal Code section 22.140.020 have been met.
6. None of the property owners abutting the property to be vacated filed a written objection to the proposed
vacation with the City Clerk; and
Findings:
1. The vacation of the street will better serve the public because it will allow for the full development of the
properties (Parcel#35242.9004, 35242.0407 and 35242.0408) abutting to the north and east.
2. The portion of the street is no longer required for public use or public access. The street cannot access
Sprague Avenue to the north and access is prohibited on Interstate 90 on the west.
3. Given the present age and condition of adjacent development, it is unlikely that conditions will change in the
future to provide a greater use or need than presently e�sts.
4. No objections have been received to the proposed vacation from the notice of public hearing.
5. Abutting Property Owner No. 1: The Spokane Valley Fire Department owns property that abuts the right-of-
way to the north,west and east(Assessor's Parcel No(s) 35242.9004, 35242.0407 and 35242. 0408).
Abutting Property Owner No. 2: Washington State Department of Transportation abuts the right-of-way on
the west.
6. Utilities:
a. Sewer: No sewer services are located in Eastern Road.
b. Water: East Spokane Water District No. 1 serves the site.No water mains are located in Eastern
Road north of ls`Avenue.
c. Telephone/Fiber Optics:No concerns noted.
d. Gas and Electricity:No concerns noted.
e. Cable Television:No concerns noted
The speci�c location of any existin�utility easements is a requirement of the record of surve�
7. Stormwater drainage facilities: There is currently no drainage facilities located in street.
8. Spokane Valley Fire District No. 1: The access to the e�sting fire station is from Sprague Avenue.
9. Zoning/Comprehensive Plan: Regional Commercial(RC)
10. Land Use: The northeast parcel contains a 4,294 square feet fire station. A paved fenced vacant lot exists on
the east parcel.
ll. Spokane Valley Public Works Department: Approximately 50 feet of the right-of-way north of the
intersection of ls`Avenue and Eastern Road (south of the portion being vacated) will remain a public right-of-
way to allow for the maneuvering of equipment for snow removal and road maintenance of the City's street.
12. Condition of street: Unimproved from is`Avenue north to Spokane Valley Fire Departmentproperty.
13. Assignment of vacated portions of right-of-way: Pursuant to Section 22.140.0404.0 of the Spokane Valley
Municipal Code (SVMC) one-half of a vacated street shall go to each abutting property owner.Washington
State Department of Transportation submitted a letter dated April 8,2011 waiving their interest in
having one-half of the Eastern Road right-of-way.
Conclusions:
The criteria set forth in Section 22140.030 of the SVMC has been met based upon the findings set forth.
Recommendations:
The Spokane Valley Planning Commission therefore recommends approval to the City Council of the vacation of a 30
feet of width by 83 feet in length of dedicated right-of-way for Eastern Road.
This approval is subject to the following:
1. The completion of the street vacation(File#STV-01-11)including all conditions below shall be submitted to
the City for review within ninety(90) days following the effective date of approval by the City Council.
2. The vacated property shall be transferred to Parcel No(s). 35242.9004 and 35242.0408 abutting the vacation
on the east and west.
3. Following the City Council's passage of the ordinance approving the proposal to vacate the street, a record of
survey of the area to be vacated,prepared by a registered surveyor in the State of Washington and including
an exact metes and bounds legal description, and specifying if applicable any and all easements for
construction, repair and maintenance of existing and future utilities and services, shall be submitted by the
proponent to the Director of Community Development, or designee for review.
4. Following the City Council's passage of the ordinance approving the proposal to vacate the street, a Boundary
Line Elimination must be done to aggregate (consolidate) the north,west and east parcels. These items can be
included on the above mentioned record of survey.
5. The surveyor shall locate at least two monuments on the centerline of the vacated right-of-way with one
located at the intersection of the centerline of the vacated right-of-way with each street or right-of-way in
accordance with the standards established by the Spokane County Standards for Road and Sewer
Construction.
6. All direct and indirect costs of title transfer of the vacated street from public to private ownership including
but not limited to title company charges, copying fees, and recording fees are to be borne by the proponent.
The City will not assume any financial responsibility for any direct or indirect costs for the transfer of title.
7. The zoning district designation of the properties adjoining each side of the street or alley 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 extended districts. The adopting ordinance shall specify this
zoning district extension inclusive of the applicable zoning district designations.
8. The record of survey and certified copy of the ordinance vacating a street or alley or part thereof shall be
recorded by the city clerk in the office of the Spokane County Auditor.
9. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City.
Approved this 26th day of May,2011
John Carroll, Chairman
ATTEST
Deanna Griffith, Administrative Assistant
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T T V TI LI TI �
���(����� SVMC 22.140
�T �
` �"�.���� Community Develcpment— Planning Division
11703 E Sprague Av�Suit�B�3 : Spokan2 Valley WA�°206 i
509.720.5310♦ Fax: 509.688.0037� plannin�C�spokan�vall�y.orQ I
STAFF USE ONLY
Date Submitted:��It Received by: Fee: � P'36��°
PLUS#:�P r�C�c���� File#:_��°�p�-16
PART I - REQUIRED MATERIAL
**THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED** � ''I
I
� Completed Application Form � � � 3 . �
pplication Fee
� , i
Notice of Application Packet(17.80.110)—Adjacent Property(ies) � ��'�'��1�r ;r'�� �� �
I
�Written Narrative — A written narrative describing the reasons for the proposed street vacation, �the ''�'
physical limits of the proposed street vacation and the public benefit of the proposed street vacation.
❑ Written Correspondence from Utility Purveyors
,�Telephone �Cable �Electric D Other(Specify) �
,�Water District �Fire District Q Gas Utility �Sewer Utility
❑ Vicinity Map—Submit a map showing the general area of the proposed vacation
❑ Record of Survey, if available, for the subject street and/or alley proposed for vacation, and abutting
properties, streets and alleys within 100 feet on all sides of the proposed vacation.
❑ Written Evidence of all easements, allowances or reservations, if available, pertaining to the street
and/or alley proposed for vacation.
PART II - APPLICATION INFORMATION
APP�,�ANT�,,�,E:Spokane Valley Fire Department
MAILINGADDRESS: � O3� 9 E. Sprague Avenue �
�,n:Spokane Valley STATE:�A Z,P:99206
928-1700 892-4125 riderl@spokanevalleyfire.com
PHONE: FAX: CELL: EMAIL:
PROPERTY�WNER�O.�: Department of Transportation
$TREETADDRESS:�`�� �. Mayfair Street
c,n:Spokane STATE:�" ' Z1P:99207 �
PHONE:�Z4-6286 F,�:324-6291 CELL: EMAIL:
Revised 4/15/10 Page 1 of 3 I
I
�� ���ti
�����s�n� �� STREET VACATION APPLICATION
��F
Val.ley�
PROPERTY OWNER NO.2:�/" `
i
STREET ADDRESS:
CITY: STATE: ZIP:
PHONE: FAX: CELL: EMAIL:
If more than two(2) abutting property owners, include information and written authorization on a separate
sheet of paper for each.
NAME OF STREET/ALLEY TO BE VACATED:
Eastern Road i
DIMENSIONS OF STREET/ALLEY TO BE VACATED:V ' �� A� �� (p� f
SQUARE FEET OF STREET/ALLEY TO BE VACATED:��I � Sq � ,�,.���
._>
35242.9004 � . , 35242.0408 ����
ABUTTING TAX PARCEL NO S .: � �
ADDRESSESOFABUTTINGPARCELS: �� �. Eastern Road;6JV��..Sprague Ave
ZONING DESIGNATION:
THE FOLLOWING IS CRITERIA EVALUATED BY THE PLANNING COMMISSION IN FORMULATING A RECOMMENDATION TO
THE CITY COUNCIL. ON A SEPARATE SHEET OF PAPER THE FOLLOWING QUESTIONS SHALL BE ANSWERED IN A
DETAILED MANNER;
1. HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC?
2. IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC ACCESS� EXPLAIN. i
3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC� �
EXPLAIN.
4. HOW WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS� EXPLAIN.
5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES� THE REQUESTED
VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES.(SPECIFY�?
i
6. DOES THE RIGHT-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES(SPECIFY��
PLEASE NOTE:
PER RCW 35.79.040 (TITLE TO VACATED STREET/ALLEY�, THE PROPERTY WITHIN A PUBLIC STREET
OR ALLEY VACATED BY THE CITY COUNCIL SHALL BELONG TO THE ABUTTING PROPERTY OWNERS,
ONE-HALF (1/2�TO EACH. THEREFORE, PROPERTY OWNER SHALL BE REQUIRED TO SIGN THE �
STREET VACATION APPLICATION. �
PER RESOLUTION 07-009 OF THE CITY OF SPOKANE VALLEY, THE CITY COUNCIL HAS THE
AUTHORITY TO IMPOSE CHARGES FOR STREET/ALLEY VACATION PURSUANT TO RCW 36.79.030 i
Revised 4/15/10 Page 2 of 3
_ I
���� ��.�.F
�n���� � STREET VACATION APPLICATION
�,.
Y���Y
PART III — AUTHORIZATIOfV
(�ignature of owner or authorized representative) I
I
� Larry T. Rider , (print name) swear or affirm that the above responses are made �
truthfully:fand to the best of my kr�� ledge. '
�'°j' °'`�
�' � � � � 01-19-2011
y� �
,.��� . -�-�,
(Signature) (Date) �
NOTARY
STATE OF WASHINGTON)
ss:
COUNTY OF SPOKANE )
� �'��
SUBSCRIBED AND-SWORN to before me this u �` day of JanUary 20 11
NOTARY SEAL N� `"
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NOTARY SIGNATURE
�� $�b�u' p � Notary Public in and for the State of Washington i
o g,�1 �F� �
��e� L���rc��� � r "� ��
�,���GAP�S����Z esiding at _na,� ���� `°�- �
�.� COeb�ry'�9, l, ��{� ��.�" , �� �,_�x`':m��
F
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_
My appointment expires: ��°.� � �-� ��'� �
LEGAL OWNER NO. 1 AUTHORIZATION: �
If the applicant is not the legal owner(s),the owner must provide the following acknowledgement;
I, , owner of the above described property do hereby
authorize to represent me and my interests in all matters
regarding this application.
LEGAL OWNER NO. 2 AUTHORIZATION:
If the applicant is not the legal owner(s),the owner must provide the following acknowledgement; i
i
I, , owner of the above described property do hereby i
authorize to represent me and my interests in all matters
regarding this application.
Revised 4/15/10 Page 3 of 3
�
�
�
Ivlike'I'hompson,Fire Chief
]0319 C.Sprague Avemec
- �� � � � � ��T� Spoka�c Valley,WA 99206
: l� Phone(509)928-1700
- Est. 1940 FAX(509)892-4125
. :.:
:-................__......_ www.spolcanevalleyfire.com
1. HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY
IMPROVE SERVICE TO THE PUBLIC?
With this vacated portion of Eastern Road, the Spokane Valley Fire Department will
have the space necessary to rebuild Fire Station #6 on the same site. This site was
selected in the 1960's and has proven itself over the years and being an excellent
location to serve the citizens from. The building has grown too small for today's fire
equipment and is becoming too expensive to maintain. In 2002 the SVFD long range
capital facility plan began the planning for its replacement. After evaluation of other
possible sites it was determined that the current location was still the best available.
2. IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR
PUBLIC ACCESS? EXPLAIN.
The northern half of Eastern was vacated in the 1960's because the current Fire Station
#6 incorporates that portion within the current building. The southern half terminates
into the SVFD fence. So, the portion of the road that remains is a dead end with no
turnaround. The portion that remains has no practical purpose for the public use except
assisting in the reconstruction of the Fire Station.
3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-
WAY BETTER SERVE THE PUBLIC? EXPLAIN.
No. There is no public right-of-way because there are no other properties or any place
to go.
4. HOW WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY
FUTURE CONDITIONS? EXPLAIN.
There are no plans that we have found, in the long range planning, for this right-of-way's
use. There is very little space and no traffic that uses it.
5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD
UTILITIES? THE REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OF
WHAT UTILITY COMPANIES. (SPECIFY)?
To our knowledge there are no utilities in this portion of the road. With it being a dead
end and with only one property at the end of the road, there would be no need for any '
easements.
6. DOES THE RIGHT-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES
(SPECIFY)?
None that we are aware of.
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Apri18, 2011 �����.�t����.��.�o� sr�o��r��v�L��v
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Ms. Micki Harnois
City of Spokane Valley
11707 E. Sprague Ave.; Suite 106
Spokane Valley, WA 99206
Re: Eastern Road Vacation Request(STV-Ol-11)
Dear Ms. Harnois:
Thank you for the opportunity to review the above requested vacation of Eastern Road
(parcel numbers 35242.9004 and 35242.0408). In reviewing this request the Washington
State Department of Transportation(WSDOT)has determined that we do not need
additional right of way in this area. Consequently, we waive our interest in having one half
of the Eastern Road right of way revert back to WSDOT. This would allow the full Eastern
Road right of way to revert to Spokane Valley Fire Department. The waiving of our interest
in this vacation is done with the understanding that we will not incur any fees associated
with this roadway vacation.
If this vacation is approved,please include in the ordinance language that the State of
Washington has waived its right to receive one half of the vacated street. We also request
that a copy of the ordinance be forwarded to WSDOT showing that the fee ownership for
both sides of Eastern Road was transferred to Spokane Valley Fire Department.
If you should have any questions on this matter please do not hesitate to contact me at(509)
324-6020.
Sincere - ,
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Mike Fruc ', P.E.
Assistant Regional Administrator for Development
cc: Larry Rider, Spokane Valley Fire
Scott Kuhta, City of Spokane Valley
Tim Golden, WSDOT Real Estate
Charlene Kay, WSDOT Planning
Project File
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