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Agenda 11/14/2013 S1F1•••#\... ne Valle Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. November 14, 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: Street Vacation STV-2013-0002 X. COMMISSION BUSINESS: XI. FOR THE GOOD OF THE ORDER XII. ADJOURNMENT COMMISSIONERS CITY STAFF BILL BATES -CHAIR SCOTT KUHTA,PLANNING MANAGER KEVIN ANDERSON CHRISTINA JANSSEN,PLANNER CHRISTINA CARLSEN ERIK LAMB,DEPUTY CITY ATTORNEY ROBERT MCCASLIN STEVEN NEILL JOE STOY-VICE CHAIR DEANNA HORTON,SECRETARY MIKE PHILLIPS WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: November 140h, 2013 Item: Check all that apply: n consent n old business ® new business ® public hearing n information n admin.report n pending legislation FILE NUMBER: STV-2013-0002 AGENDA ITEM TITLE: Public Hearing—Street Vacation DESCRIPTION OF PROPOSAL: The applicant, Conard & Hill Development , LLC, requests the vacation of an unimproved, half-width, right-of-way section of Alki Avenue (165 feet in length by 15 feet wide). 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 175 feet east of the intersection of Alki Avenue and McCabe Road and further located between the southern boundary of parcel 45154.0704 and the northern boundary of parcel 45154.1020. 45151.9010 ","80,2 Bona.W 2 45154.3801 451543181 45154.3802 45154.3702 45154 0603 45154.0606 45154 3803 45154.3710 0801 45154 06[ 45154.3804 45154.3709 45154.0701 45154 0704 45154.3805 45154 3705 S P-0 K A N-E V A L L E-Y— 45154.0604 45154.0605 95154.3806 45154.3706 Area to be vacated n 1.4703 45154.4704 45154.3007 45159.3707 ilAYMICWIL �Afk av 45154.1: 45154 1020 451541019 Lai 451541101 45154.1102 54.0904 a w u g a � m _ .. r• _ o ¢x sa isa zsx 336 Feel STV-2013-0002 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: Christina Janssen,Planner ATTACHMENTS: Staff Report and Findings STV-2013-0002 STV-2013-0002 RPCA for Public Hearing COMMUNITY DEVELOPMENT DEPARTMENT 40"\MNft PLANNING DIVISION Spokane STAFF REPORT AND RECOMMENDATION 40,galley FILE No: STV-2013--0002 STAFF REPORT DATE: November 5, 2013 PROPOSAL DESCRIPTION: STV-2013-0002: Request to vacate a portion of unimproved Alki Avenue measuring approximately 165 feet in length by 15 feet of width, located approximately 175 feet east of the intersection of Alki Avenue and McCabe Road. STAFF PLANNER: Christina Janssen, Planner, Community Development Department PROPOSAL LOCATION: The unimproved right-of-way is located approximately 175' east of the intersection of Alki Avenue and McCabe Road. PROPERTY OWNERS/APPLICANT: Conard& Hill Development LLC 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 half right-of-way lies approximately 175' east of the Alki Avenue and McCabe Road intersection. It is generally flat and consists of native growth plants and weeds. Comprehensive Plan Designation: Low Density Residential (LDR) Zoning of Property: Single-family Residential District(R-3) Existing Land Use: Vacant. Commercial development is proposed for the properties north of the right-of-way. 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 half right-of-way was never improved with pavement, curb or gutter and remained vacant property. Vacating the right-of-way will allow the property owners developing a multi-family development to the north to provide a secondary access to Alki Avenue for their development. 2. Whether the street or alley is no longer required for public use or public access? The south half-street right-of-way was previously vacated and incorporated into the adjacent property, leaving the remaining half right-of-way unusable for public right-of-way purposes. 3. Whether the substitution of a new and different public way better would be more useful to the public? No substitution is proposed at this time. The applicants proposal for the multi-family development to the north provides primary access from Broadway Avenue. 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 Broadway Avenue and Valleyway Avenue. 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 and Avista Utilities have confirmed they have no utilities in the right of way and will not require easements. No additional comments were received by any serving utilities. 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 October 31st, 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 October 31st, 2013 and notice was published in the Spokane Valley Herald on October 25th, 2013 and November 1St, 2013. Staff concludes that adequate public noticing was conducted for STV-2013-0002 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 (Traffic Engineer) 3. Spokane County Utilities 4. Avista Utilities V. OVERALL CONCLUSIONS AND FINDINGS Staff concludes that STV-2013-0002 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 unimproved,half-width right-of-way of Alki Avenue located approximately 175' east of the intersection of Alki Avenue and McCabe Road subject to the following: 1. The completion of the street vacation(File No. STV-2013-0002)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(Conard&Hill Development,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. 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 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. J 45151.9010 45154.0801 45154.470145154.4702'45154.4703, L s P 4 K 41T Olive A' 508.3 45151.9012 —Broadway Av Vicinity Map 445151.1433_ 45154.0904 45154.0907 i 0 Alki Av U1 0 In U, 0 w 11 0 u, Valleyway Av `n i ti l (D1 4 45154.0704 U, un 0 C a w .p. u-1 rn os Ui O O Ln `1 r 45154.0601 Ui Ul L 0 4. Ui 0 Aleki S,t 45154.0109 45154.1219 254.17 508.3 Feet 45154.1507 v o_ 45154.1405 u 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. Aerial Photo 279.7 0 139.83 279.7 Feet 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. F � CITY OF SPOKANE VALLEY S` okane Planning Division Valley• NOTICE OF PUBLIC HEARING THE SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING DIVISION IS SENDING THIS NOTICE OF PUBLIC HEARING TO ALL PETITIONERS (IF ANY)AND ALL OWNERS OF PROPERTY ABUTTING THE STREET PROPOSED TO BE VACATED BASED ON THE MOST CURRENT RECORDS FROM THE SPOKANE COUNTY ASSESSOR'S OR TREASURER'S OFFICE. YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE LAND USE APPLICATION LISTED BELOW: HEARING DATE: November 14,2013 at 6:00p.m. HEARING LOCATION: Spokane Valley City Council Chambers, City Hall, 11707 East Sprague Avenue, Suite 101, Spokane Valley,WA 99206. REVIEW AUTHORITY: Spokane Valley Planning Commission STAFF CONTACT: Christina Janssen,Planner 509.720.5333 christina.janssengspokanevalley.org. APPLICATION/DESCRIPTION OF PROPOSAL: STV-2013-0002. Vacation of an unimproved, half-width, right-of- way of Alki Avenue (126 feet in length by 15 feet wide). LOCATION OF PROPOSAL: The subject property is located approximately 175 feet east of the intersection of Alki Avenue and McCabe Road and further located between the southern boundary of parcel 45154.0704 and the northern boundary of parcel 45154.1020. OWNER: Conard&Hill Development LLC ENVIRONMENTAL DETERMINATION: The Planning Division has reviewed the proposal/project and has determined that the project is categorically exempt pursuant to WAC 197-11-800 and Section 11.10.070.1 of the City of Spokane Valley Interim Environmental Ordinance from environmental review under the provisions of the State Environmental Policy Act(SEPA). APPROVAL CRITERIA: Section 22.140 (Street Vacations) of the City of Spokane Valley Municipal Code (SVMC); Title 21 (Environmental Controls) of the City of Spokane Valley Municipal Code; the City of Spokane Valley Standards for Road and Sewer Construction Ordinance; the Guidelines for Stormwater Management; and the Spokane Regional Health District regulations. HEARING PROCESS: The Planning Commission holds the public hearing to receive comments and forwards a recommendation to the City Council for an ordinance adoption. STAFF REPORT AND INSPECTION OF FILE: A staff report will be available for inspection seven (7)calendar days before the hearing. The staff report and application file may be inspected at the Community Development Department Permit Center, located at the City of Spokane Valley City Hall, Suite B-3, 11703 East Sprague Avenue, between 8:00 am and 5:00 pm, Monday-Friday, excluding holidays. Copies of documents will be made available at a reasonable cost. Send written comments to the City of Spokane Valley Department of Community Development, 11703 East Sprague Avenue Suite B-3, Spokane Valley,WA 99206 Attn: Christina Janssen File No. STV-2013-0002. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921-1000 as soon as possible so that arrangements may be made. Page 1 of 1 Christina Janssen From: Ryan Kipp Sent: Tuesday, October 01, 2013 9:01 AM To: Christina Janssen Cc: Steve Worley; Eric Guth Subject: RE: Proposed Street Vacation Attachments: Proposed Map.pdf Hi Christina, After discussion with Development Engineering, Public Works approves of the street vacation for the Broadway Estates Development as requested. Thanks, Ryan Kipp, PE, PTOE Assistant Traffic Engineer City of Spokane Valley 11707 E.Sprague Ave.,Suite 106 Spokane Valley,WA Ph:(509)720-5016 Fax:(509)688-0261 rkipp(>spokanevallev.org From: Christina Janssen Sent: Tuesday, September 24, 2013 12:57 PM To: Ryan Kipp Subject: Proposed Street Vacation Ryan, Attached is a drawing for a proposed vacation of Alki Avenue. Can you take a look and give me feedback on Public Works feelings here? Thanks Christina J. Janssen Planner Spokane Valley Permit Center 11703 E. Sprague Avenue#B-3 Spokane Valley,WA 99206 Phone-(509)720-5333 www.spokanevalley.org (Contents of this email and any reply are subject to public disclosure) 1 Micki Harnois From: Gloria Mantz Sent: Wednesday,July 17, 2013 12:18 PM To: Micki Harnois Cc: Gabe Gallinger;Austin Storhaug Subject: Alki ROW to be vacated - comments Attachments: 20130717121121172.pdf t 13(-0a,{w 'V i I1CO Hi Micki, Development Engineering has the following comments regarding the Alki ROW. ROW should terminate as shown in the attached exhibit prepared by Storhaug Engineering. This will allow placement of driveway approach in compliance with the Street Standards. Please let me know if you have any questions. 9loria Gloria Mantz, P.E. Development Engineer City of Spokane Valley 509-720-5321 1 45151.9012. 45151.14' 5151.14'33 e 45151.1427 E. BRQ IDWAY AVE. . Y GATE-._ PROJECT LOCATION 45154.3702 45154.3710 45154.3709 45154.0603 u 4 ,5 .370s. 45154.3706 45154.3707 ,41 84 a• REC. ROOM vv 014 11111111 ~� `{ _ 45154h020 4{54.1019 i 45154.1107/ q'St-�uFp k!4/lcti PRJV41 j 45154.1101 x.4,45154.T2 SITE DATA VICINITY MAP N.T.S. PARCEL NUMBERS (R-4 ZONING): PARCEL NUMBER (R-3 ZONING) TOTAL LOT AREA R-4 ZONE ALLOWED MIN. R-3 ZONE ALLOWED MIN. BUILDING AREA TRIPLEX FOURPLEX MAX LOT COVER - 55% 45154.0604 45154.0701 45154.0704 LOT SIZE 6,000 S.F/UNIT LOT SIZE 5.000 S.F./UNIT 29,120 S.F. (30.7%) 5.824 S.F. (6 BUILDINGS) 7.840 S,F. (2 BUILDINGS) LOT DIMENSIONAL REQUIREMENTS: MIN, LOT WIDTH (R-4): MIN. LOT DEPTH (R-4): SETBACKS: FRONT/FLANKING STREET. GARAGE: REAR YARD SIDE: 50 FT. 80 FT. 15 T. 20 FT. 20 FT. 5 FT REQUIRED 1.19 ACRES (52.010 S.F.) 2.38 ACRES (104.021 S.F.) 2.18 ACRES (94.974 S.F.) 5.75 ACRES SPOKAktG Cotl44Ty UfiURES ONISIOij LEGEND t 14U ScN/3 4.13 CAU. BEFORE YOU DIG 811 XFINITY Connect Page 1 of 2 XFINITY Connect vistacdan @comcast.ne -+- Font Size- 13406 E. Broadway From:David Chambers<David.Chambers @avistacorp.com> Tue, Feb 05,2013 06:46 PM Subject: 13406 E.Broadway , 2 attachments To:vistacdan @comcast.net �V 1 a4' Ike .F } i i 1 It. a . , Lil ''-F. a 45154. ;: 1 :'fk 1 _f� 1� 6 t 'i ti. , �-■ , = TH.• '`S FA Wk.- I _ c. _ , . iiii '':.515 ''''`17..k'46"' 4515 0603'; ILT • ' 5. ' 'A RI i` E IJ ( � y ! 1 i - 54.3t1214 U T A e t E;TZ,.E f:z 111 ^ 45154 _ 45154.0701 r,: „. .,,,, i • ., _ ,,,.. ,ii 1 iiti,,-.4 . .... ,, T ,,, . . .,f . , '* PSEY, ALLEN ''&JANET L THO ' S FAMILY LIVING : 'UST 45154.0704 ...3/ in. ; 112 in. --_. AS FAMILY LIVING T UST . a ',:l -5154ti$ = ; .z , •N 154.0604 1 45154 3706 THOMAS F. `MILY LIVING T . _jNERJANICE �' it ,,l I -� 45151.3 i L DK 1 PONT, JEA NNIN A'. ,1-4 ` y ,1. Y. Dan, According to our AFM system,Avista has no transmission,electric or gas in the 20 X 166 portion of Alki you show. A locate would probably be the best way to confirm that. Electric service in this area is Modern and I don't know what they have. XFINITY Connect Page 2 of 2 Picture(Device Independent Bitmap)1.jpg 146 KB i111'ISTA Picture(Device Independent Bitmap)2.jpg 3 KB Corp, Spokane Valley Planning Commission DRAFT Minutes Council Chambers— City Hall, 11707 E. Sprague Ave. October 30, 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 Scott Kuhta,Planning Manager Joe Stoy—Vice Chair r x Erik Lamb,Deputy City Attorney Steven Neill x Kevin Anderson x r- Mike Phillips x E Robert McCaslin x r Christina Carlsen x Can Hinshaw, secretary Commissioner Stoy was excused from the meeting. IV. APPROVAL OF AGENDA Commissioner Neill 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 October 10, 2013 minutes as presented, a second was made and the motion was passed unanimously. VI. COMMISSION REPORTS: There were no Commission reports. VII. ADMINISTRATIVE REPORT: Planning Manager Scott Kuhta reported that staff is still working on the Shoreline regulations. . He commented that a street vacation will be on the November 14 agenda. Also, staff is working on a few text amendments, including work on the permitted use matrix., They hope it will be brought to the Planning Commission in December,2013. Planning Commission Minutes Page 1 of 3 VIII. PUBLIC COMMENT: Solidus Sharp, 13310 E. Mission Ave. Broadway. Mr. Sharp had comments for the Planning Commission regarding, incorporating Data Visualization into the Comprehensive Plan. IX. COMMISSION BUSINESS A. New Business: Overview of the Spokane Valley Comprehensive Plan. Planning Manager Scott Kuhta conducted a presentation of the Comprehensive Plan applications for the 2014 Comprehensive Plan Amendment cycle, which are due November 1, 2013. Mr. Kuhta's intent is to prepare the Planning Commission for the upcoming amendment cycle to the City's Comprehensive Plan and requirements for planning under the Growth Management Act. Mr. Kuhta went over the 2014 Comprehensive Plan Amendment Docket with Planning Commission. He stated that Spokane County is proposing an amendment for the parcel directly north of where their Scraps facility is going to be. They would like the zoning changed to allow a little bit more expansion for walking the dogs and for a meet and greet type of situation. Mr. Kuhta commented that we have heard rumors of a large change from low density to high density residential on the eastern portion of the City. He stated that an application has not yet been recieved,but one is expected to come in. Mr. Kuhta explained that there is one city initiated Comprehensive Plan Amendment that they wanted to put on as a placeholder, which needs more discussion with City Council before it's actually brought forward thru the process. It's a little piece of park land that the City owns. It is currently park property that may be part of a land swap, but currently is is not being used right now. This would be changed from parks and open space to a mixed- use center. Mr. Kuhta went over the text amendments that are largely housekeeping items. He stated the most significant text amendment would be light industrial policies. He added that we will be looking at the policies to see if they are suiting the City and if not we might want to make them a little more flexible with regard to allowances for uses such as for retail commercial type uses. Staff will have more discussion with City Council before a decision is made on how to approach the amendment. Mr. Kuhta commented that City Center reference will be removed from a number of the chapters in the Comprehensive Plan, at the direction of City Council. There was a general brief discussion between Planning Commission and Mr. Kuhta concerning the regulations. X. GOOD OF THE ORDER Commissioner Anderson expressed concern about access issues with the Arger rezone before the Hearing Examiner, citing an article in the Spokesmen Review. The article reported that staff has given Mr. Arger two options for access, either from Alki or from Evergreen. Mr Anderson stated this contradicts testimony they heard from Mr. Palaniuk regarding the Alki right-of-way vacation in which Mr. Palaniuk stated Mr. Arger would most likely take access to the parcel from Evergreen Rd. Mr Andersons stated he would not have voted in favor of the vacation had he known Mr. Arger was able to take access to Planning Commission Minutes Page 2 of 3 the parcel form Alki Avenue. Mr. Anderson also asked if the Hearing Examiner had access to minutes or testimony from the other meetings. XI. ADJOURNMENT There being no other business the meeting was adjourned at 7:17 p.m. Bill Bates, Chairperson Can Hinshaw, PC Secretary Date signed A PI I I I I I I %) Planning Commission Minutes Page 3 of 3