Agenda 10/10/2013 S1Fi '
ane
Valle Y r
Spokane Valley Planning Commission Agenda
City Hall Council Chambers, 11707 E. Sprague Ave.
October 10, 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. COMMISSION BUSINESS
NEW BUSINESS:
1. FINDINGS OF FACT: STV-2013-0001, STREET VACATION
2. MARIJUANA REGULATIONS UPDATE
IX. PUBLIC COMMENT: On any subject that is not on the agenda.
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
COMMISSIONERS CITY STAFF
BILL BATES-CHAIR JOHN HOHMAN,COMMUNITY DEVELOPMENT DIRECTOR
KEVIN ANDERSON SCOTT KUHTA,PLANNING MANAGER
CHRISTINA CARLSEN ERIK LAMB,DEPUTY 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: October 10, 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: Planning Commission held a Study Session August 22, 2013 and
conducted a Public Hearing September 12,2013.
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.
TRACT 85 OF VERA
— — — NS9"5 '24"vN 461.00 — — —
w
•24W - -b1:21.0] - - _
cti~) ALKI AVE,
50 o -r I Area to be vacated I 98.09'
... 4.- -- - - .
a 2[z ,/,_ • — ti—
, :,,, .,c„ _ 9_ ,..,
tg JI
7 C.,r. II ,- clwn
yr rr ^lin
Lin-
`' �lu Area to be dedicated `�
4r, _
41 A 15.50 �, :B t
291,00 I Im ;' ` s.•%"
«- -: es. rn ,(;
P I
,. 0
STV-2013-0001 RPCA for Findings and Recommendation
RECOMMENDED ACTION OR MOTION: Approve the Findings and Recommendation
recommending approval of the proposed street vacation to the City Council.
STAFF CONTACT:
Martin Palaniuk,Planner
ATTACHMENTS: Staff Report and Findings STV-2013-0001
STV-2013-0001 RPCA for Findings and Recommendation
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 12, 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):
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
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 Bannen 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
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.
Approved this 10t''day of October,2013
Bill Bates, Chairman
ATTEST
Can Hinshaw,Administrative Assistant
Findings and Recommendations of the Spokane Valley Planning Commission Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: October 10, 2013
Item: Check all that apply: n consent n old business Fl new business
n public hearing Fl information n admin. report Fl pending legislation
FILE NUMBER: N/A
AGENDA ITEM TITLE: Marijuana Regulations Update
DESCRIPTION OF PROPOSAL: N/Z
GOVERNING LEGISLATION: RCW 69.50 (Washington State Initiative 502 has been
codified as RCW 69.50)
PREVIOUS ACTION TAKEN: None.
BACKGROUND: There are two distinct state regulatory schemes governing marijuana in
Washington: Chapter 69.50 RCW, which codified Initiative 502 (adopted by Washington voters
in November, 2012), governs recreational marijuana and chapter 69.51A RCW governs medical
marijuana.
Under chapter 69.50 RCW, citizens can now possess and use recreational marijuana, though
there is currently no legal way to purchase or grow recreational marijuana. Under chapter 69.50
RCW, the Washington State Liquor Control Board ("LCB") has been charged with creating
licensing rules and issuing state licenses for and regulating licensed growers, processers and
retail sellers.
Since January of this year, the LCB has conducted extensive public participation process to
develop rules governing recreational marijuana licensing and operation. The most recent draft
rules were proposed on September 4, 2013, and are anticipated to be adopted on October 16,
2013. The rules will be effective November 16, 2013, and the LCB will begin accepting
marijuana license applications on November 18, 2013. The proposed rules provide extensive
regulatory guidance over applicants and the application process, security at marijuana facilities,
traceability of marijuana products, responsible business practices, youth access, and enforcement
and penalties for violations of the rules.
Spokane Valley City Council has requested city staff to review current zoning regulations and
prepare draft regulations specific to recreational marijuana. This intent of this presentation is to
familiarize the Planning Commission with I-502 and options for specific zoning regulations for
recreational marijuana.
RECOMMENDED ACTION OR MOTION: Staff will present draft amendments to the
Spokane Valley Municipal Code at a future date.
STAFF CONTACT:
Scott Kuhta, AICP, Planning Manager
Erik Lamb, Deputy City Attorney
ATTACHMENTS: Presentation
Marijuana
Regulations
Scott Kuhta, Planning Manager
Erik Lamb, Deputy City Attorney
Background
Two Different Regulatory Schemes
Recreational Marijuana chapter 69 . 50 RCW
(Initiative 502)
< Medical Marijuana - chapter 69 . 51A RCW
• Focused primarily on Recreational Marijuana Today
� 2
Recreational Marijuana
Possession and use of marijuana legal for people over 21
Growing, processing, and selling not legal until Washington
State Liquor Control Board (LCB) -
adopts
1 llle3 allll 1331.1L3
1 •
licenses
� 3
Recreational Marijuana
LCB Rulemaking
• Extensive public process that began with public forums in January
2013 and will continue through public hearings in early October
• Draft rules released originally in July
• Revised draft rules released September 4
Adopt Rules October 16
® Rules effective November 16
LCB begins accepting applications November 18
processes applications and begins issuing licenses into 2014
�4 J
Recreational Marijuana - LCB Licenses
Producer (growing)
Processor (putting marijuana into useable form (e.g. ,
packaging or making marijuana extract and using it in
baked goods))
Retailer (selling)
5
Producer License - Growing
"Marijuana Producer" — a person licensed by the LCB to
produce (grow) and sell marijuana at wholesale to
marijuana processors and other marijuana producers
May grow indoors. in greenhouses_ and outdoors with 8 foot
fence
• Limit any entity or principals within any entity to three
producer or processor licenses
6
Producer License - Growing Cont.
No limits on number of producer licenses statewide; but
Total production space statewide of 2 million square feet
May keep up to 125 percent of a year's harvest for outdoor
growing; indoor growing may keep 6 months harvest onsite
Must keep product quarantine period prior to
transporting to processor (to allow audit checks for traceability
purposes)
Tiers of growing operations
• Tier 1 less than 2 ,000 square feet
• Tier 2 2 ,000 to 10,000 square feet
7 • Tier 3 10,000 to 30,000 square feet
Processor License
"Marijuana Processor" — a person licensed by the LCB to
process marijuana into useable marijuana and marijuana-
infused products, package and label useable marijuana
and marijuana-infused products for sale in retail outlets,
and to sell useable marijuana and products at wholesale
to marijuana retailers
Limit any entity or principals within any entity to three
producer or processor licenses
Processor License - Cont.
No limits on number of processor licenses statewide
May include solvent-based or other extraction processes and
product production (e.g. , making marijuana-infused baked
goods)
Six months of average useable marijuana (plant material) and
six months average of total production (finished product)
may be stored onsite
Must keep product quarantine period prior to
transporting to retail store (to allow audit checks for
traceability purposes)
9
Retailer License
"Marijuana retailer" — a person licensed by the LCB to sell
useable marijuana and marijuana-infused products in a retail
outlet
• Marijuana products must be behind counters
LCB has set 334 total available retailer licenses Statewide
Formula distributes the number of locations proportionate to the
most populous cities within each county.
3 available retailer licenses in Spokane Valley; 18 total available in
Spokane County (including Spokane Valley)
Retailer License - Cont.
Retail outlets may have up to four months of average
inventory on site at any given time
No sales over the Internet
No delivery sales
Cannot share same space with medical marijuana outlet
Retail hours limited to 8 : OOAM to 12 : OOAM
Cannot sell alcohol at same location
Limits on size and content of advertising
K11
12
Recreational Marijuana
- General Licensing Rules
No licensed marijuana facilities (growing, processing, or
retail sales) or advertising within 1 ,000 feet of any:
• elementary or secondary school, playground, recreation center
or facility, child care center, public park, public transit center,
library, or game arcade that allows persons under age 21
• Under most recent changes, LCB clarified that trails (such as
Centennial trail) are not considered "public parks"
Recreational Marijuana - General
Licensing Rules
LCB Licensed Facilities still subject to local
regulations, including zoning, business licensing,
and building and fire codes
The city has the right to file written objections to
the license within 20 days after it receives notice of
an application from the LCB. This period may be
extended by the LCB upon request by the City
13
Recreational Marijuana Current Spokane Valley Laws
No SVMC zoning or other laws which are specific to
recreational or medical marijuana
• State law requirements for 1 ,000 foot buffer zone to
sensitive uses always apply
General business license requirements for all
businesses operating within City
14
Building and Fire codes are generally applicable
Recreational Marijuana
Zoning Analysis
Under current municipal code, no recreational
or medical marijuana would be allowed in any
residential zones
No home occupations
15
Recreational Marijuana Zoning Analysis
Production (Growing)
Most like "Greenhouse, nursery, commercial"
Permitted Zones :
Light and Heavy Industrial (indoor and outdoor
production)
Regional Commercial and Community Commercial
(indoor production only)
State law requiring 1 ,000 foot buffer to sensitive
uses applies
16
Recreational Marijuana Zoning Analysis
Prnroee i n d
Most like "Food product manufacturing/storage"
or "Agricultural processing plant, warehouse"
Permitted Zones :
Light and Heavy Industrial
State law requiring 1 ,000 foot buffer to sensitive
lies applies
17
Recreational Marijuana Zoning Analysis -
Retail (selling)
Most like "Liquor store"
Permitted Zones :
Mixed use center, Corridor mixed use, Community
commercial, and Regional commercial
State law requiring 1 ,000 foot buffer to sensitive
uses applies
18
Recreational Marijuana
Recommendations
Adopt permitted uses for "Recreational
Marijuana Production," "Recreational Marijuana
Processing," and "Recreational Marijuana Retail"
• Would avoid difficulties in comparison between very
different uses
Would avoid potential confusion/challenges to
administrative determination
19
Other Considerations
Medical Marijuana
• Currently no State licensing or State oversight
• No local oversight other than business registration
requirements
City provides disclaimer that owner must contact their own
attorney regarding legality of medical marijuana operations
• LCB is reviewing inclusion of medical marijuana in
licensing scheme similar to recreational marijuana
LCB will provide recommendation to State Legislature by
January 1 , 2014
�2o
21
Questions?
Spokane Valley Planning Commission
DRAFT 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 John Hohman, Community Dev Director
Joe Stoy—Vice Chair x Marty Palaniuk,Planner
Steven Neill x r- Cary Driskell, City Attorney
Kevin Anderson x r-
Mike Phillips x r-
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 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 Hohman 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. Alki 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 no 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
XI. 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
Cari Hinshaw, PC Secretary
Date signed
Planning Commission Minutes Page 4 of 4