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Agenda 09/12/2013 S1F1•••#\... ne Valle Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. September 12, 2013 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: VI. COMMISSION REPORTS VII. ADMINISTRATIVE REPORT VIII. PUBLIC COMMENT: On any subject that is not on the agenda. IX. PUBLIC HEARING STV-2013-0001, Street Vacation X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF BILL BATES -CHAIR JOHN HOHMAN,COMMUNITY DEVELOPMENT DIRECTOR KEVIN ANDERSON MARTY PALANIUK,PLANNER CHRISTINA CARLSEN CARY DRISKELL,CITY ATTORNEY ROBERT MCCASLIN STEVEN NEILL JOE STOY-VICE CHAIR CART HINSHAW,SECRETARY MIKE PHILLIPS WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: September 12, 2013 Item: Check all that apply: ❑ consent ❑ old business ® new business ® public hearing ❑ information ❑ admin.report ❑ pending legislation FILE NUMBER: STV-2013-0001 AGENDA ITEM TITLE: Public Hearing—Street Vacation DESCRIPTION OF PROPOSAL: The applicant, Mike Silvey, on behalf of Evergreen & Valleyway, LLC, requests the vacation of an unimproved, half-width, right-of-way section of Alki Avenue (111 feet in length by 19 feet wide including the 50' radius cul-de-sac at the terminus). The vacated cul-de-sac will be replaced through the dedication of an emergency access turn-around. GOVERNING LEGISLATION: RCW 35.79, SVMC 17.80.120 and 22.140 PREVIOUS ACTION TAKEN: None. BACKGROUND: The area to be vacated is located approximately 500 feet west of the intersection of Alki Avenue and Bannen Road and further located between the southern boundary of Parcel 45143.1328 and the northern boundary of parcels 45143.1572 and 45143.1573. The following drawing depicts the proposal. TRAC` 85 Cl— VERA — — — N89'51'24"4/ 461.O0 — — — W '24"W — —be 21.00 — — iii1.50 Y}n�*; Area to be vacated I - • _- 98.09' °ai - ALKI AVE. _ . / , ri _ _____ _ 2 & , 1 ``--- _ � / r:I II �: W SCE - ju ' Area to be dedicated e i" V 9 1.1 291.00 n I F t el ;`7 ei > m I - FISTING P / 6t I F ACT "D' STV-2013-0001 RPCA for Public Hearing RECOMMENDED ACTION OR MOTION: Move to recommend approval of the proposed street vacation to the City Council;recommend approval of the proposed street vacation to the City Council with changes; or direct staff further. STAFF CONTACT: Martin Palaniuk,Planner ATTACHMENTS: Staff Report and Findings STV-2013-0001 STV-2013-0001 RPCA for Public Hearing COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Spokane STAFF REPORT AND NOTICE OF DECISION ��Valley FILE No: STV-2013--0001 STAFF REPORT DATE: September 4, 2013 PROPOSAL DESCRIPTION: STV-2013-0001: Request to vacate unimproved right-of-way and cul-de-sac of Alki Ave. The area consists of half of a cul-de-sac with a 50-foot radius and approximately 111 feet of 19-foot wide,half-street right-of-way leading to it. The proposal includes the dedication of a turn-around to replace the cul-de-sac STAFF PLANNER: Martin Palaniuk,Planner, Community Development Department PROPOSAL LOCATION:The unimproved right-of-way is located approximately 500' west of the intersection of Alki Avenue and Bannen Road. PROPERTY OWNERS: Evergreen and Valleyway, LLC APPLICANT: Evergreen and Valleyway, LLC—Mike Silvey APPROVAL CRITERIA: 1. SVMC-Title 22 (Street Vacations) 2. SVMC - Title 21 (Environmental Controls) 3. City of Spokane Valley Street Standards adopted December 2009 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: The unimproved right-of-way lies at the west terminus Alki Avenue west of the Alki Avenue and Bannen Road intersection. It consists of flat,vacant field overgrown by weeds. Rock piles are located along the northern boundary of the right-of-way. Comprehensive Plan Designation: Office(0) and Low Density Residential (LDR) Zoning of Property: Garden Office(GO) and Single-family Residential (R-3) Existing Land Use: Vacant. Commercial development is proposed for the properties west and north of the property. II. STAFF ANALYSIS OF PROPOSAL A. COMPLIANCE WITH SVMC TITLE 22.140.030—STREET VACATIONS Findings: 1. Whether a change of use or vacation of the street or alley will better serve the public? The right-of-way was never improved with pavement, curb or gutter and remained vacant property. Vacating the right-of-way will allow property owners to develop the adjacent properties with access taken from Evergreen Road. 2. Whether the street or alley is no longer required for public use or public access? The south half-street right-of-way was dedicated as part of short subdivision SP-1234-00 in March 2002. It was not required to be built at the time of the subdivision and has never been built. It remains vacant. The north half of the right-of-way has never been dedicated. 3. Whether the substitution of a new and different public way better would be more useful to the public? The current half-street configuration would not permit an emergency vehicle to turn around. The applicant has agreed to dedicate an emergency access turn-around as part of the vacation. The dedication of the turn- around will provide a workable alternative for emergency vehicles and snow removal equipment. The current half-street right-of-way configuration provides no viable turn-around. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? The surrounding property owners are able to access the properties adjacent to the right-of-way from Evergreen Avenue. The property owner of the parcel north of the right-of-way has indicated he will bring access from Evergreen Road for future development rather than dedicate the right-of-way needed to complete the full street width. There are no plans for future development of this right-of-way. It is not in use at this time. 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? No public comments have been received as of this report. Spokane County Utilities, Vera Water and Power, and Avista utilities have confirmed they have no utilities in the right of way and will not require easements. Conclusions: The findings confirm criteria set forth in Section 22.140.030 of the SVMC have been met. B. COMPLIANCE WITH SVMC TITLE 21—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 and Section 21.20.040 of the City of Spokane Valley Municipal Code (SVMC) from environmental review under the provisions of the State Environmental Policy Act (SEPA). III. PUBLIC COMMENTS Findings: No public comments were received. Conclusion(s): A Notice of Public Hearing sign was posted on the property August 22, 2013 and notices were posted in the Spokane Valley Public Library, City of Spokane Valley permit center and main reception area the same day. Public hearing notices were mailed to a 400' radius of the site on August 23, 2013 and notice was published in the Spokane Valley Herald the same day. Staff concludes that adequate public noticing was conducted for STV-2013-0001 in accordance with adopted public noticing procedures and has determined that the proposal meets all applicable development regulations. IV. AGENCY COMMENTS Comments were received from the following agencies and are attached as exhibits to this staff report: 1. City of Spokane Valley Development Engineering 2. City of Spokane Valley Public Works Department(Senior Traffic Engineer) 3. Spokane County Utilities 4. Spokane Regional Health District 5. Vera Water and Power 6. Avista Utilities V. OVERALL CONCLUSIONS AND FINDINGS Staff concludes that STV-2013-0001 as proposed is generally consistent or will be made consistent through the application of conditions of approval with the approval criteria stated herein. RECOMMENDATIONS: Planning Commission recommend City Council approve the vacation of the half-cul-de-sac and west portion of half-street right-of-way of Alki Avenue not required for the emergency access turn-around. The right-of-way being located approximately 500 feet west of the intersection of Alki Avenue and Bannen Road subject to the following: 1. The completion of the street vacation(File No. STV-2013-0001)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 the abutting property owner(Evergreen&Valleyway,LLC). 3. 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 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. The survey shall include the area upon which the emergency access turn-around will be dedicated and shall show the turn-around. 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 City of Spokane Valley Street Standards. 5. 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. 6. 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. 7. The ordinance vacating the street shall separately address the relinquishment of the utility and border easements located adjacent to the vacated street. 8. The record of survey and certified copy of the ordinance with reference to the recording number of the 2002 plat on the ordinance's recording cover page to tie the dedication and subsequent vacation/easement releases together shall be recorded by the City Clerk in the office of the Spokane County Auditor. 9. The dedication of the emergency access turn-around shall be effected through deed by the proponent. The proponent shall prepare the transfer deed and real estate affidavit documents and record them with the Spokane County Recorder's office. 10. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. 0 MILK u' ryi Mai s Wt? Maxwell Sinto V, �4 SAS r o)15 Boone-A'; i e MIL End w Desm�et:7�v�' 0 :ataid Av 7, Atki_Av� :7-Olive-Ay is MI NMl�I 111111111111 I!IIt0' go INN M Jvec ide:Av , , �,� lih1/l�t It �■r ° -011ve_Av Lrl r-+ 0 C) o+ Vicinity Map STV-2013-0001 1♦i1%Boone_Av •0 �_�. 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Spokane COMMUNITY DEVELOPMENT DEPARTMENT Valley PLANNING DIVISION 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 509.921.1000 Fax: 509.921.1008 planning @spokanevalley.org NOTICE OF PUBLIC HEARING The City of Spokane Valley Planning Commission is scheduled to hold a public hearing on jtember 12, 2013 at City Hall 11707 East Sprague Avenue, at 6:00 p.m., to receive public testimony on the following proposal. FILE NUMBER: STV-2013-0001 DESCRIPTION OF PROPOSAL: Vacation of a fifty-foot wide cul-de-sac and unimproved right of way (19 feet wide by 81 feet long) of Alki Avenue. The right-of-way is located approximately five hundred (500) feet west of the intersection of Alki Avenue and Barmen Road. The proposal includes the dedication of a turn-around at the west terminus of Alki Avenue. PROPONENT: Evergreen & Valleyway, LLC, 10221 E Montgomery Ave, Ste A, Spokane Valley, WA. 99206. Represented by Mike Silvey PROJECT PLANNER: Martin Palaniuk, Planner; 11707 East Sprague Avenue, Suite 106; Spokane Valley, WA 99206; (509) 720-5031; mpalaniuk @spokanevalley.org HEARING PROCEDURES: The Spokane Valley Planning Commission will conduct the hearing pursuant to Planning Commission rules of procedure. Interested persons may testify at the public hearing and may submit written comments and documents before or at the hearing. The Planning Commission may limit the time given to speakers. The Planning Commission will forward a recommendation on the proposed street vacation to the Spokane Valley City Council. STAFF REPORT AND INSPECTION OF FILE: A staff report will be available for inspection seven (7) calendar days prior to the hearing at Spokane Valley City Hall, Suite 106, 11707 East Sprague Avenue, between 8:00 am and 5:00 pm, Monday-Friday, excluding holidays. Please send written comments to Martin Palaniuk, Planner; 11707 East Sprague Avenue, Suite 106; Spokane Valley, WA 99206; (509) 720-5031; Fax (509) 921-1008; SPECIAL ASSISTANCE: Individuals planning to attend the public hearing who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 720- 5102 as soon as possible so that arrangements may be made. O 00_ O u7 N W w W 0 Fr) P W 0 > W Z N00'03'30"E 20' 40' 40' TRACT 85 OF VERA — — — N89'58'24"W 461.00 — — - - - 421.00 - - a) O N 0 r') O O O 10'I �—Utility 32' N 210.00 Shed Easement 48' n House N 46 24.5' Garage TRACT "A" 36,920 SQ.FT. 516 N. EVERGREEN 24.5' Shop 15' W N �I N 101 • w O I M 0 N 0 Z N89'58'24"W 210.00 TRACT "B" 15,778 SQ.FT. 512 N. EVERGREEN 210.00 CV N 211.00 4,236 Sq. Ft. — 89.47 NNQ TRACT "C" a 17,159 SQ.FT. 00 13918 E. Alki z 7Sewer NOR In 81.00 0 z TRACT "D" 29,716 SQ.FT. 14010 E. Alki Easement TH 1/2 OF TRACT 85 OF VERA 130.00 - - 421.00 - - 461.00 — — Easement- — — N89'55'13"W TRACT "A" 1.69 ACRE 13907 E. Valleyway 285.00 Sewer N45°00'28"W 20' W It cci o N O N N N N00°03'30"E SOUTH 1/2 OF TRACT 85 OF VERA ''B" ALKI AVE. mTT - L2I0J TRACT "B" 1.70 ACRE Original Tract N O N VALLEYWAY AVENUE EXISTING SITE PLAN 20' O Do EVERGREEN N 00'03'30"E N00'03'30"E 20' 0' TRACT 85 OF VERA — — — N89'58'24"W 461.00 — — - - - 421.00 - - 10'J ��Utility Easement N O u7 N 145.50 N Shed 6" SS 40' O r7 O 0 O z 6 N c4. N 101 N 0 0 LOT 1 18,250 SQ.FT.n 48' NI House 5.50 46' 24.5' Garage 0 24.5' Shop 145.50 LOT 2 18,250 SQ.FT. 145.50 N U, 291.00 LOT 3 36,536 SQ.FT. 291.00 N M 0 z 6 NI Sewer Easement y-- 3,220 Sq. Ft. LOT 4 28,065 SQ.FT. — 421.00 — — 1120 — — N89'55'13"W 461.00 — — Sewer Easement------ Fl III 11 %_ TRACT "A" 1.69 ACRE 13907 E. Valleyway 285.00 130.00 N M N N N N N00'03'30"E 3X4" SS- T w o 0 O 0 MH # N2 m�1 18" SS ALE'_4 V L2 OJ _ - SOUTH 1/2 OF TRACT 85 OF VERA TRACT "B" 1.70 ACRE Original Tract Line (N N 0 N N45°00'28"W VALLEYWAY AVENUE PROPOSH,'D SITK PLAT � i 101 Boone_Av�'� III *Av /M11, I X111.ataad•_... II iYia I II Oil I rr �; 0 im L 1Q. 4IIiiIII Valleyrwayr I r Av 11 pm III Desmet.Av- Datald:o_Av 0 MON t• t1 N 0 n 0 Vicinity Map STV-2013-0001 45142.9128 ha p:Av Sharp D.esme C, AMMO 1:} v 717 11 «1tt1'h / 11 a) Boone_En—� 0- ■ • Eataido E ri. Boo:Tie_AV 0 Main_Av Ricer i e:A`•� •, , I — l���r 1 1/l —Nixon Av 111.11 mr mar 11111 n 0. 0. ww 111 h ii"." ■ 45143 0171 Springfield Av te.ld_ Al.kt Ln pray_Av . r �l11 I iit111.1 Val eyw Riosa I I 1NJX0: _Av ■ MIN N co G g �l� a ` NM 0" 11 aRiverside Av Main_Av R-vers. 45232.9142 2n'&Av 1st Av 45232.9141 2,197.2 9 1,098.61 2,197.2 Feet z a i 1 f 0 This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be accurate,current,or otherwise reliable. 4th Av a_ SPOKANE REGIONAL HEALTH DISTRICT ENVIRONMENTAL PUBLIC HEALTH DIVISION INTEROFFICE MEMO DATE: August 22,2013 TO: Martin Palaniuk, Planner, City of Spokane Valley Department of Community Development FROM: Donald Copley-EHSII, SRHD SUBJECT: Street Vacation STV-2013-0001 (Evergreen&Valleyway LLC) The Spokane Regional Health District has no comment on this street vacation. Martin Palaniuk From: Brian Dilts [BDilts @verawaterandpower.com] Sent: Tuesday, August 20, 2013 12:47 PM To: Martin Palaniuk Subject: RE: Street Vacation STV-2013-0001 Dear Marty: Vera Water and Power does not have any utilities lying within the Cul-de-sac on Alki Rd. located within Tract C and Tract D of Short Plat SP 1243-00. The vacation of this Cul-de-sac does not require any utility easements for Vera Water and Power and is therefore is acceptable to vacate this property. ERA f w rte's..n:ex:• ._ , 13ri,aw K. P ikts, Di 'tVic1-Ev'JimzeAr Vera Water and Power PO Box 630 Spokane Valley WA 99037-0630 brian @verawaterandpower.com Phone 509-924-3800 Cell 509-475-5130 Fax 509-922-3929 1 To: Martin Palaniuk(City of Spokane Valley-Community Development) CC: From: Jim Red (Spokane County - Division of Utilities) Date: Friday, August 16, 2013 Planning/Building #: STV-2013-0001 Subject: STV-2013-0001 Stage: Pre-Construction Phase: SV Alki Avenue & Bannen Rd Address Alki & Bannen Rd SS01A This proposal has no impact on sewer facilities. There are no recommendations. Martin Palaniuk From: Chambers, David [David.Chambers @avistacorp.com] Sent: Thursday, August 15, 2013 8:44 AM To: Martin Palaniuk Subject: RE: Mike Silvey Evergreen Road site Martin, I believe Vera is the electric provider As far as the alignment of the streets and lots, it seems like I have numerous variations of this project from COSV and separately from Simpson. What I really would like to see is a good clean before and after drawing. I assumed that the cul de sac was moving east a short distance but was going to still exist. Now I think you are saying the hammerhead turnaround is the end of the street. On the map you sent me that says "Turn around to be dedicated" shows the little cull de sac named Alki Avenue still there. Bottom line.... We need to take a gas from Alki and Bannen area and build it in a westerly direction to connect to the east boundary of Lot 2. If the cul de sac stays we are probably okay. If the cul de sac goes away and the turnaround is the end of the road, we need an 10' easement from the end of the road to the east boundary of lot 2. I hope I am understanding all of this because it is not very clear. Call if you have any questions or clarifications. Dave From: Martin Palaniuk [mailto:mpalaniuk@spokanevalley.orq] Sent: Tuesday, August 13, 2013 5:23 PM To: Chambers, David Subject: RE: Mike Silvey Evergreen Road site Dave, The street vacation now looks like this drawing. As you can see the right-of-way will not extend all the way to the western edge of existing Tract"D". Will this still be sufficient for Avista. Can you tell me who provides the electric in this area? I'll need them to review also. Marty 1 TRACT 85 of VERA — — — N89'58'24"W 451.00 — — — W '24"W — —0421.40 — — i 1.50 +�c� L.g 110,35 --1 ...� — 06'' IM MV aye- ALKI AVE. CV --I_ .7' F to t i y y1 "i- Dm ix A I =- I it IN, —w 1,4� are 0`12 c,4 I J fV 1 VI Cr$ . p145.50 "9" �` / 291.G1? I m V, l,t tk ° 1 t z g s I EXISTING 9 ,J L- TRACT "D,. o From: Duane Helt [mailto:dmh @simpsonengineers.com] Sent: Thursday, August 08, 2013 1:52 PM To: Martin Palaniuk Subject: FW: Mike Silvey Evergreen Road site Marty here is the letter from Avista. Also I sent Micki a note that Billy needs a request form for the vacation. So hopefully she will do that and that Billy will respond back Thanks Duane H. From: Chambers, David [mailto:David.ChambersOavistacorp.com] Sent: Tuesday, June 18, 2013 8:44 AM To: dmh @simpsonengineers.com Subject: Mike Silvey Evergreen Road site Duane, From what I can see from the proposed site plan Avista shouldn't need any new easements in this area even if the cut de sac is moved. As long as Alki is still dedicated ROW and we can get from point A to point B on my exhibit and stay in ROW the entire distance we should be fine. Lot 2 and 4 could be served from this line extension along Alki and lot 1 already has service from Evergreen and lot 3 has a service stub on Evergreen also. Hope this helps. Note that Avista has gas only in this area and is not the electric service provider. Dave Chambers Real Estate Representative JhslISTA Corp. work phone: 509.495.4419 f cell phone: 509.981.4979 e-1='ldavid.chambers @avistacorp.com 2 PO Box 3727 MSC-25 Spokane WA 99220-3727 in . Ii - • , , • , -. i,:i: li ", I,',', d ?t!t .4;'.- --- . ft .•' ‘-' 1' -••' -I[ 11,, ''• . ' ,,,. ,., .....4.,1.1',4 , -- • . •t;''' ' - .1■ I . l• 4*..' l 1-: 2' '!!4.•ete r . •••.:',4:,.■f - .' Il 0' _ . '-,., ,, -___', 11 k/ Pi IR NIL 'At.; -, -' --, --, _.,-.4,0,- ._,. , '......--_ __ _..____.; „___, ___._ 'il - 7'-.-4— ',-,:::::::,,, c :, Avista will need to get from Alki Ave all , il t,,2st li 4 i v , .. ' - '''-';;I: the way from the stub A. shown to Lot 2, B (477-__, , If this area will contiinue to be row, we , ,.....,_-,--,,,, . , B. ,1 • ,, should not need any new easements. ,_. ,.,.. - , 1 II .:1 , i ,, t, --- -, . --__.$4.,..- 11 ,e,,i1. ,--:,,,., tiilsi,•:.,..",,,,' 11 -q lot 1 served from Evergreen . or ,,,,. ,.-„, - -,.-....i.,, ,, , • - . . '‘i* •. _ .•- ,, • - -_ 1 .. ,;...%,-,--t--,k Li::6e. :". i. .,_.. : .,:2 ' -to•I . . '.....,••-•• ill . - • s k.• ., II „4., AW Li :7' , . . , . ,-.:-,. lot 4 s i) i „ \ / - - ., fil , ,,• ,- , -41 .' , . ' . * -'' HI A ii _ I I 't - Pi 11 314 in , ..,* - .,_. ,,- ,,, , ; , -, ... , • --- 1 -- kr ... ,. .„... , . -, . _ . r r.) ____,, t I IS-4, - • -- i ■ • ' . - ' .■ - ' { • I I i' , f ■ _ .,, • , .. 'I ; •:,`' 4 ., ------,,,—, . — ' - -- ,' ' • .' -..-;-' I- ' a 3/4 in. i "_•.."::::,.;1 _ -- . 1 1 1 ±.1 • ..f:;"-.. ti-,.,'"p- . . i ,,,,, I • i 1 '.1 - 1 lot 3 to be served from Evergreen at this location . 1 1 •.,,,.T„ •,_. .., . _ ., _.,.. . I C-ilD20 0 •::' ■ .. -..... . . ..11'lft.' 1 -- •0 -9 O105600 , 1; ' 414."1-1--.: ' — 3 Martin Palaniuk From: Wayne McGavran Sent: Wednesday, August 14, 2013 9:24 AM To: Martin Palaniuk Cc: Gabe Gallinger; Dev Eng Subject: STV-2013-0001 Martin, Development Engineering is okay with this street vacation as submitted. Wayne 1 Martin Palaniuk From: Inga Note Sent: Thursday, August 08, 2013 9:10 AM To: Martin Palaniuk Cc: Eric Guth; Ryan Kipp; Micki Harnois Subject: RE: STV-2013-0001 Attachments: Public Works Comment on STV-2013-001.doc Marty, Here are the public works comments on the street vacation. Thanks, Inga From: Micki Harnois Sent: Tuesday, July 23, 2013 11:29 AM To: Inga Note Subject: RE: STV-2013-0001 This will definitely be in the staff report as a condition.This is also a requirement of the Fire Dept. Micki From: Inga Note Sent: Tuesday, July 23, 2013 10:55 AM To: Micki Harnois Subject: RE: STV-2013-0001 Micki, Are you conditioning it somehow so that the new Lot 2 has an easement to Evergreen and is not landlocked? Just thinking about problems that could arise if the properties didn't develop as they planned and got sold off. Inga From: Micki Harnois Sent: Tuesday, July 23, 2013 10:50 AM To: Inga Note Subject: STV-2013-0001 Inga, Thank you for your help.These are the plans you saw this morning. Micki 1 Sjökane Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org Memorandum To: Micki Harnois, Associate Planner From: Inga Note, Senior Traffic Engineer CC: Eric Guth, Public Works Director Date: 7/23/13 Re: STV-2013-0001 The application proposed to vacate approximately the west 100' of Alki Avenue right-of- way, and to shift the half-cul-de-sac to the east so it lies entirely within parcel #45143.1573. N y —_ v ► I 45143.1346 A°++ t' e' Y a Ai 7 1 w w w w w w v yV�� ~ w . ii `A A 1�� G Q, O 45143.1345 45143.1327 45143.1328 u N - — --Aiki Av f c-\- -,___- 45143.1760 SPOKANE VALLEY o, rr 45143.1570 w A _� I z n ° b w v � A 45143.1573 a `'I 45143.1759 a)li' w ;A, 'd N w a\ 45143.1571 a- _- 45143.1758 (' W a. i1 1 1. AG1A]iTCZ The Public Works Department submits the following comments for the Public Hearing. These comments are based on the criteria for street vacation listed in Chapter 22.140.030 of the Spokane Valley Municipal Code. 1. Whether a change of use or vacation of the street or alley will better serve the public; The vacation is expected to have no impact on the general public. 1 2. Whether the street or alley is no longer required for public use or access; The street is currently providing access to parcel#45143.1572 which would become landlocked with this proposal. However, the City expects to condition the vacation upon the provision of an easement for that parcel so it will have access to Evergreen. 3. Whether the substitution of a new and different public way would be more useful to the public; No. There is no need for a new and different public way. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists; This vacation would allow the property owners to combine several lots together for a commercial development project. The commercial access would be provided from Evergreen. The other properties to the east on Alki would have no change in their access. 5. Whether objections to the proposed vacation are made by owners of private property abutting the street or alley or other governmental agencies or members of the general public. Public Works is not aware of any objections at this time. Public Works comments on STV-2013-0001 2 Spokane Valley Planning Commission DRAFT Minutes Council Chambers— City Hall, 11707 E. Sprague Ave. August 22, 2013 I. CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL COMMISSIONERS Present Absent CITY STAFF Bill Bates-Chair x r Scott Kuhta,Planning Manager Joe Stoy—Vice Chair x Marty Palaniuk,Planner Steven Neill x Erik Lamb,Deputy City Attorney Kevin Anderson x r Mike Phillips x Robert McCaslin x r Christina Carlsen x r Can Hinshaw, secretary IV. APPROVAL OF AGENDA Commissioner Stoy moved to approve the agenda as presented, a second was made and the motion passed unanimously. V. APPROVAL OF MINUTES Commissioner Carlsen moved to approve the August 8, 2013 minutes as presented, a second was made and the motion was passed unanimously. VI. COMMISSION REPORTS: Commissioner McCaslin attended the town hall meeting for Cathy McMorris Rodgers. He stated he has never seen such a rude crowd; people were thrown out of the meeting while the congressional representative was very patient and did not have backlash at the people that were interrupting. He stated it was quite an experience. Planning Commission Minutes Page 1 of 4 VII. ADMINISTRATIVE REPORT: Planning Manager Scott Kuhta provided a brief overview of the upcoming agenda and he shared for last couple of years the City has not seen much in the way of subdivision platting activity. The last few months' things have really picked up, staff has been working on a number of final plats and new subdivisions have been coming in. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS A. Unfinished Business: Finding of Fact: CTA-2013-0006 — Privately Initiated Code Text Amendment, SVMC Chapter 19.120, to allow specialized training/learning studios as a Permitted Use in the I-1 zone and a Conditional Use in the I-2 zone. Commissioner Stoy moved to approve and forward to City Council CTA-2013-0006 as presented. A second was made. Discussion:None Planning Commission vote was to forward to the City Council as presented, the motion was passed unanimously. B. New Business: Study Session: Street Vacation—STV-2013-0001 Commissioner Phillips recused himself from the Study Session (STV-2013-0001) due to conflict of interest. Although not directly involved, Mr. Phillips' consulting firm is working on the proposed street vacation. Planner Marty Palaniuk presented an overview of a street vacation requested by the applicant, Mike Silvey, on behalf of Evergreen and Valleyway, LLC. Mr. Silvey requests the vacation of an unimproved, half-width, right-of-way section of Alki Avenue (81 feet in length by 19 feet wide with 50' radius cul-de-sac at the terminus). The vacated cul-de-sac will be replaced through the dedication of an emergency access turn-around. Commissioner Stoy asked if the dedicated area is going to be the fire department hammerhead. Planner Palaniuk stated that the City staff have looked at it and agreed with the vacation and dedication of the hammerhead. He commented that a half cul-de sac does no good for the fire department; they cannot turn around on a half cul-de-sac, so idea was to get a turnaround hammerhead there. It's not the ideal for the end of Alki but it will be functional to allow emergency vehicles to get in there and get turned around. It also would give the City somewhere to push snow in the winter. Commissioner Anderson asked if you vacate a portion of a street, would the city require the right-of-way to be improved. Mr. Palaniuk stated that the city will require the improvements when the developer gets a building permit for this property. Planning Manager Kuhta stated that the property to the north would be required to dedicate and to Planning Commission Minutes Page 2 of 4 improve a portion of their property; it appears that they are moving fast to get these areas developed and most likely, there will be many improvements within the next year. X. GOOD OF THE ORDER Commissioner Anderson had a comment on the Spokane Valley Municipal Code, Section 17.80.150 F, which has the two approval criteria's: F. Approval Criteria. The City may approve amendments to this code if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and 2. The proposed amendment bears a substantial relation to public health, safety,welfare, and protection of the environment. He stated that the problem he has is it says; and between 1 and 2,which mean both the criteria's need to be met to do what it says. Also in sentence 2 it states: bears a substantial relation to public health, safety,welfare, and protection of the environment. Commissioner Anderson does not believe in most cases you can support that sentence. However, there are cases that you could. Commissioner Anderson stated he is curious why an and verses an or type requirement and can that requirement be changed. Planning Manager Kuhta stated that the basis of zoning is to protect the public health, safety, and welfare. This is a standard clause in the municipal code. Deputy City Attorney Erik Lamb stated our constitutional authority for municipalities to act and to enact zoning regulations, is our police power to protect the public health, safety, and welfare. He continued that in requiring this in an approval criteria were insuring that it is under our constitutional authority. Commissioner Anderson stated he has a tough time using the same paragraph every time, there is no validity to it. XI. ADJOURNMENT There being no other business the meeting was adjourned at 6:36 p.m. Bill Bates, Chairperson Planning Commission Minutes Page 3 of 4 Cari Hinshaw, PC Secretary Date signed Planning Commission Minutes Page 4 of 4