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PC APPROVED Minutes 09-12-13 Spokane Valley Planning Commission APPROVED Minutes Council Chambers— City Hall, 11707 E. Sprague Ave. September 12, 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 I— John Hohman, Community Dev Director Joe Stoy—Vice Chair x r Marty Palaniuk, Planner Steven Neill x j— Cary Driskell, City Attorney Kevin Anderson x i-- Mike Phillips x r Robert McCaslin x Christina Carlsen x Cari 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 Neill moved to approve the August 22, 2013 minutes as presented, a second was made and the motion was passed unanimously, VI. COMMISSION REPORTS: VII. ADMINISTRATIVE REPORT: Community Development Director John Holman reported that they had anticipated starting the public review process of the Shoreline Development Regulations. Senior Planner Lori Barlow is still working on those. She just finished the administrative procedures and now is tying the entire document together, so he stated that we are not ready to move forward with the public hearing for September 26, 2013. Mr. Hohman recommended to the Planning Commission that the meeting on September 26, 2013 be Planning Commission Minutes Page 1 of 4 canceled. Commissioner Bates asked if there was any objection to canceling the meeting for September 26, 2013. There was no objection. VIII. PUBLIC COMMENT: There was no public comment IX. PUBLIC HEARING: STV-2013-0001 Street Vacation Chair Bates opened the Public Hearing at 6:07 PM 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 street vacation STV-2013-0001 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 Anderson asked if the Fire Department is supposed to comment on the agency comments. Mr. Palaniuk said yes we send it over to the Fire Department for review and comment. Prior to the discussing the emergency access turn-around, we cleared that thru the Fire Department. Tracy Harvey from the Fire Department was ok with the cul-de- sac and creating the turn-around. Commissioner Anderson asked who the turn-around is being dedicated too. Mr. Palaniuk stated it would become City property. Commissioner Anderson asked, if the turn-around is completely built and paved by the applicant? Mr. Palaniuk responded that the applicant wouldn't be required to improve at the time of vacation, but when they develop the parcel, it will be required to be improved. Commissioner Bates stated that the description of the proposal shows a hundred and eleven feet in length and all the other documents show eighty-five in length. Mr. Palaniuk state that there was some question about what that length was. He said he tried to get it to one hundred and eleven but could not get an exact length the turnaround had to be from the engineer. Mr. Palaniuk stated, it's been updated. In the end, the record of survey will have every dimension on it. Commissioner Bates asked Mr. Palaniuk to explain what Item 6 under recommendation means: (The zoning 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). Mr. Palaniuk stated that in this case they are vacating a half right of way. Therefore, you do not really go to the center of the street. The zoning that is adjacent to the right of way will automatically extend into the area that is vacated. Therefore, as we vacate it, then it will automatically become garden/office. Commissioner Bates asked if the letter submitted from David Chamber of Avista has been resolved. Commissioner Bates stated that it looks like Mr. Chamber's was confused due to the map that was sent to him. Mr. Palaniuk stated that Mr. Chamber's wanted to make sure he had an easement across to the parcel with a ten foot easement, so that he could serve that parcel. Planning Commission Minutes Page 2 of 4 Public Comment Dan Lafser, 14010 E. Aiki Ave Spokane Valley, 99216 Mr. Lafser wanted to know what an R-4 zoning is. Mr. Palaniuk stated that it is residential urban district, which allows single-family residences, duplexes, some limited multifamily residential and allows the assisted living facility, which is more of a multifamily type. Mr. Lafser wants to know why they would put an assisted living in an R-4. Mr. Palaniuk stated there will be a hearing on that rezone on October 24, 2013. Mr. Arger will be there for questions. Mr. Lafser commented that as long as the city is vacating properties than just make the street as wide as it should be with Mr. Argers and Mr. Silvey's property. Commissioner Bates responded that would a separate issue altogether. Mr. Lafser has concerns about the traffic flow thru Alki. Mr. Palaniuk responded that Mr. Arger expressed his interest to bring his access from Evergreen to get to the assisted living facility. Linda Lafser, 14010 E. Alki Ave Spokane Valley, 99216 Ms. Lafser stated that when she looks at the drawings: the existing one and the one that is proposed, it shows many dotted lines. She asked what they were. Mr. Palaniuk stated that the dash lines were easements that were dedicated to part of the plat; maybe a utility easement or possibly a border easement. Commissioner Bates thanked the public for attending. There were 110 further comments and Commissioner Bates closed the Public Hearing at 6:37 PM. Motion: Commissioner Neill made a motion to approve and forward to the City Council STV-2013-0001 as presented. A second was made. Discussion: None • Planning Commission Action: to forward to the City Council as presented, the motion was passed unanimously. X. COMMISSION BUSINESS XL GOOD OF THE ORDER There were no comments. XII. ADJOURNMENT There being no other business the meeting was adjourned at 6:40 p.m. Bill Bates, Chairperson Planning Commission Minutes Page 3 of 4 /Z/ - Cari Hinshaw, PC Secretary Date signed / / Planning Commission Minutes Page 4 of 4 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION October 10,2013 The following findings are consistent with the Planning Commission's decision to recommend approval. A. Background: 1. Chapter 22.140 of the Spokane Valley Municipal Code (SVMC), governing street vacations, was adopted in September 2007 and became effective on October 28, 2007. 2. The privately-initiated street vacation, STV-2013-0001, proposes 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 an emergency access turn-around to replace the cul-de-sac 3. The Planning Commission held a public hearing on September l2, 2013 and voted 6-0 to recommend approval of the vacation and dedication pursuant to STV-2013-0001 to City Council. Commissioner Mike Phillips requested recusal due to a conflict of interest. B. Planning Commission Findings: Compliance with SVMC 22.140.030 Planning Commission review and recommendation Finding(s): l. 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 aced 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 Findings and Recommendations of the Spokane Valley Planning Commission Page 1 of 3 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, have confirmed they have no utilities in the right of way and will not require easements. Avista utilities requested a 10 foot easement to extend across the northern portion of the vacated right of way but withdrew that requirement in an email dated September 30,2013. C. Conclusions: The findings confirm criteria set forth in SVMC 22.140.030 have been met. D. Recommendation; Planning Commission recommends 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 as set forth in STV-2013-0001. The right-of-way subject to vacation is located approximately 500 feet west of the intersection of Alki Avenue and Barmen Road. Planning Commission recommends approval of the vacation 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 property owner abutting to the south (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. Findings and Recommendations of the Spokane Valley Planning Commission Page 2 of 3 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 1 vacation/easement releases together shall be recorded by the City 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 Auditor's office. 10. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. roved this I Ih day of October,2013 i ___..... ill Bates,Chairman . ATTEST c /4g: C <— ali Hinshaw,Administrative Assistant Findings and Recommendations of the Spokane Valley Planning Commission Page 3 of 3