Ordinance 07-021 Providing Street Vacation First Ave & Sipple St CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 07-021
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FOR
THE VACATION OF APPROXIMATELY 750 LINEAR FEET OF FIRST AVENUE FROM
ABUTTING PARCEL NUiTBERS 45191.0407, 45191.0408, 45191.9113, 45191.9114, 45191.9112,
45191.0502, 45191.0503, 45191.0601 AND 45191.9175; AND APPROXIMATELY 265 FEET OF
SIPPLE STREET FROM ABUTTING PARCEL NUMBERS 45191.9023 AND 45191.9112; AND
PROVIIMNG FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City Council by Resolution 07-013 initiated vacation proceedings for a portion
of First Avenue and Sipple Street located south of Sprague Avenue and north of Appleway Boulevard
(STV-03-07) by providing that a hearing on the proposal would be held before the Planning Commission
on the 23rd day of August,2007; and
WHEREAS; the Planning Commission held a public hearing on August 23, 2007; and
WHEREAS, following a hearing, the Planning Commission found that the notice and hearing
requirements of Title 10 Article IX Section 10.09.04.10 of the Spokane Valley Municipal Code have been
met; and
WHEREAS', the Planning Commission findings and/or minutes have been filed with the City
Clerk 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 Clerk; and
WHEREAS, through adopted City Code provisions, the City shall provide that the vacated
property be transferred to the abutting property owners, one-half to each, unless circumstances require a
different division of property; that the zoning district designation of the properties adjoining each side of
the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of
Community Development; and that all direct and indirect costs of title transfer to the vacated street be
paid by the proponent or recipient of the transferred property; and
WHEREAS, the City Council desires to vacate the above streets pursuant to Spokane Valley
Municipal Code Sections 10.05.220- .380.
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. The City Council set the August 23, 2007 public hearing date at their July 24, 2007 meeting
through adoption of Resolution No. 07-011 Notice of the hearing was published on July 27,
2007 in the Valley Herald, the official newspaper of the City, was posted in three
conspicuous locations within the City, was provided to the petitioners and abutting property
owners, and a sign was placed on the property providing notice of the hearing also
completed on July 27, 2007.
2. The Planning Commission held a public hearing on August 23, 2007 to receive testimony
concerning the vacation of approximately 750 feet in length of First Avenue and 265 feet of
Sipple Street. The Planning Commission continued the public hearing until September 13,
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Ordinance 07-021 Street Vacation STV-03-07 Page 1 of 4
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2007 to receive additional information from the Senior Traffic Engineer. The Planning
Commission reviewed the report prepared by the Spokane Valley Community Development
Department in detail.
3. The Planning Commission determined the street/alley would permit full development of the
property for beneficial uses and permit appropriate levels of maintenance.
4. The Planning Commission determined that allowing the street vacation would better serve
the public considering the vacation would allow Appleway Chevrolet/Toyota AutoNation to
redevelop their site creating a financial benefit.
5. The Planning Commission determined that the street was no longer required for public use
or access based on testimony from the applicant's representative stating that it is used by the
public but not required.
6. The Planning Commission stated that the narrowness of the street, the safety to the public,
economic development, and pedestrian safety were all considerations used in determining
the street vacations.
7. The Planning Commission concluded that the public was already using Vista Street and
Sargent Street and believed the extension of Sipple Street would not be more useful to the
public.
S. The Planning Commission determined that conditions would not change in the future to
provide a greater use or need for the subject rights of way.
9. The Planning Commission determined that the general public would be in favor of the street
vacations.
10. No objections have been received to the proposed vacation from the notice of public hearing
and/or routing to agencies.
Section 2. Property to be Vacated. Based upon the above findings and in accordance with this
Ordinance, the City Council does hereby vacate the street or alley which is incorporated herein by
reference,and defined as follows:
That portion of Sipple Street and First Avenue between Sprague Avenue and Appleway Boulevard
west of Sargent Street lying in the A' %, of the NW '/ of the NE 1/4 of the N % of Section 19,
Township 25, Range 44 of Spokane County, Washington..
Section 3. Division of Property to be Vacated. Pursuant to RCW 35.70.040 and SVMC
10.09.04.10.11, factual circumstances dictate a different division and distribution of the street or alley to
be vacated than one-half each to abutting property owners, thus the property to be vacated shall be
divided as recorded in the record of survey which shall be created and recorded with the County as
required under SVMC 10.09.04.10.16.
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 Director of
Community Development is authorized to make 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.
Ordinance 07-021 Street Vacation STV-03-07 Page 2 of 4
1. The following easements will be retained for all necessary underground and/or overhead utilities.
The specific location of easements is a requirement of the record of survey
a. Sewer: There is a public sewer running in the right-of-way of First Avenue. The applicant
states these utilities will be retained within an easement.
b. Water: East Spokane Water District No. 1 has a 10" main line that runs down Sipple Street
and First Avenue. There is an 8" line running half way down the strip. The applicant states
these utilities will be retained within an easement.
c. Telephone/Fiber Optics: Qwest Communications has several telephone lines adjacent to
Sipple Street with services crossing the right-of-way. There are no fiber optics lines within
the right-of-way. The applicant states these utilities will be retained within an casement.
d. Gas and Electricity: Avista Corporation has electricity and gas lines within right-of-way. The
applicant states these utilities will be retained within an easement.
e. Cable Television: Comcast Cable has infrastructure within the right-of-way. The applicant
states these utilities will be retained within an easement.
2. Spokane Valley Fire District No. 1: The City of Spokane Valley Fire Department has the
following requirements for this street vacation:
a. A 20-foot clear fire lane must be established in the street's place.
b. The existing fire hydrants must be accessible from this fire lane.
c. The fire lane must remain open after hours. No car may be parked either by patrons or for
sale in fire lane.
d. This fire lane must be clearly marked with "No Parking-Fire Lane" signs posted on both
sides.
e. Lane surface must be painted indicating that this is a fire lane.
3. Following the City Council's passage of the ordinance approving the proposal to vacate the street
or alley, 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. The record of survey
shall contain the professional stamp and signature of the registered surveyor and filed upon
completion with the Spokane County Auditor. The surveyor shall provide the City of Spokane
Valley with a Mylar copy of the recorded survey and the Auditor's Document Number and date
of recordation.
4. 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 Street and Sewer Construction.
5. All necessary casements shall be shown on the record of survey and written documentation from
all utility companies is required to be submitted to the Community Development Director, or
designee verifying all easements have been indicated.
Ordinance 07-021 Street Vacation STV-03-07 Page 3 of 4
6. All direct and indirect costs of title transfer of the vacated street or alley 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 shall 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. A 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.
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 all necessary documents, including a Quit Claim Deed, in order 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
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section 8. Effective Date. This Ordinance shall be in full force and effect five(5)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 231d day of October, 2007.
ATTEST: 6 E kt i ,
Mayor, Diana Wilhite
/ . . .
.ity Clerk, Christin •Bainbridge
.Approved As To Born :
/410
Office of the City Attorney /
Date of Publication: I/' _G
Effective Date: 1/ - 9 U�'
Ordinance 07-021 Street Vacation STV-03-07 Page 4 of 4
Sjöl 'e
Valley
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org
Memorandum
To: Mayor and City Councilors
From: Gail Kogel, Chair-Spokane Valley Planning Commission
Date: September 27, 2007
Re: Planning Commission Findings and Recommendation: STV-03-07
BACKGROUND
The City received an application requesting the vacation of approximately 750 lineal feet of First Avenue and
approximately 265 feet of Sipple Street from adjacent property owners. The date of the hearing was set by
City Council on July 24, 2007 via Resolution No. 07-013. Notice of the hearing was published on July 27, 2007
in the Valley Herald, the official newspaper of the City, was posted in three conspicuous locations within the
City, was provided to the petitioners and abutting property owners, and a sign was placed on the property
providing notice of the hearing also completed on July 27, 2007. On August 23, 2007, the Planning
Commission held a public hearing to receive testimony concerning the requested vacation. The Planning
Commission continued the public hearing until September 13, 2007 to receive additional information from the
City's Senior Traffic Engineer. The Planning Commission reviewed the report prepared by the Spokane Valley
Community Development Department and heard presentations from the applicant, planning staff, and Senior
Traffic Engineer.
The Planning Commission recommends approval of the First Avenue and Sipple Street as proposed by the
Applicant based on the following Findings and subject to the Conditions contained herein:
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FINDINGS
1. The City Council set the August 23, 2007 public hearing date at their July 24, 2007 meeting through
adoption of Resolution No. 07-013. Notice of the hearing was published on July 27, 2007 in the Valley
Herald, the official newspaper of the City, was posted in three conspicuous locations within the City,
was provided to the petitioners and abutting property owners, and a sign was placed on the property
providing notice of the hearing also completed on July 27, 2007.
2. The Planning Commission held a public hearing on August 23, 2007 to receive testimony concerning
the vacation of approximately 750 feet in length of First Avenue and 265 feet of Sipple Street. The
Planning Commission continued the public hearing until September 13, 2007 to receive additional
information from the Senior Traffic Engineer. The Planning Commission reviewed the report prepared
by the Spokane Valley Community Development Department in detail.
3. The Planning Commission determined the street/alley would permit full development of the property for
beneficial uses and permit appropriate levels of maintenance.
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4. The Planning Commission determined that allowing the street vacation would better serve the public
considering the vacation would allow Appleway Chevrolet/Toyota AutoNation to redevelop their site
creating a financial benefit.
5. The Planning Commission determined that the street was no longer required for public use or access
based on testimony from the applicant's representative stating that it is used by the public but not
required.
6. The Planning Commission stated that the narrowness of the street, the safety to the public, economic
development, and pedestrian safety were all considerations used in determining the street vacations.
7. The Planning Commission concluded that the public was already using Vista Street and Sargent Street
and believed the extension of Sipple Street would not be more useful to the public.
8. The Planning Commission determined that conditions would not change in the future to provide a
greater use or need for the subject rights of way.
9. The Planning Commission determined that the general public would be in favor of the street vacations.
10.No objections have been received to the proposed vacation from the notice of public hearing and/or
routing to agencies.
RECOMMENDATION
The Spokane Valley Planning Commission therefore recommends to the City Council that the requested
vacation of Sipple Street and the vacation of First Avenue be granted subject to the following conditions:
1. The following easements will be retained for all necessary underground and/or overhead utilities. The
specific location of easements is a requirement of the record of survey
a. Sewer: There is a public sewer running in the right-of-way of First Avenue. The applicant
states these utilities will be retained within an easement.
b. Water: East Spokane Water District No. 1 has a 10" main line that runs down Sipple Street and
First Avenue. There is an 8" line running half way down the strip. The applicant states these
utilities will be retained within an easement.
c.. Telephone/Fiber Optics: Qwest Communications has several telephone lines adjacent to Sipple
Street with services crossing the right-of-way. There are no fiber optics lines within the right-of-
way. The applicant states these utilities will be retained within an easement.
d. Gas and Electricity: Avista Corporation has electricity and gas lines within right-of-way. The
applicant states these utilities will be retained within an easement.
e. Cable Television: Comcast Cable has infrastructure within the right-of-way. The applicant
states these utilities will be retained within an easement.
2. Spokane Valley Fire District No. 1: The City of Spokane Valley Fire Department has the following
requirements for this street vacation:
a. A 20-foot clear fire lane must be established in the street's place.
b. The existing fire hydrants must be accessible from this fire lane.
c. The fire lane must remain open after hours. No car may be parked either by patrons or for sale
in fire lane.
d. This fire lane must be clearly marked with "No Parking-Fire Lane" signs posted on both sides.
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e. Lane surface must be painted indicating that this is a fire lane.
3. Following the City Council's passage of the ordinance approving the proposal to vacate the street or
alley, 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. The record of survey shall contain the
professional stamp and signature of the registered surveyor and filed upon completion with the
Spokane County Auditor. The surveyor shall provide the City of Spokane Valley with a Mylar copy of
the recorded survey and the Auditor's Document Number and date of recordation.
4. 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 Street and Sewer
Construction.
5. All necessary easements shall be shown on the record of survey and written documentation from all
utility companies is required to be submitted to the Community Development Director, or designee
verifying all easements have been indicated.
6. All direct and indirect costs of title transfer of the vacated street or alley 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 shall 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. A 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 27th day of September, 2007
Gail Kogle, Chair
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