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2021, 01-19 Study Session AmendedAMENDED AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Meeting Held via ZOOM Tuesday, January 19, 2021 6:00 p.m. CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Ce11 Phones During the Meeting) NOTE: In response to Governor Inslee's March 24, 2020 Proclamation concerning the COVID-19 Emergency, which waives and suspends the requirement to hold in -person meetings and provides options for the public to attend remotely, physical public attendance at Spokane Valley Council meetings are suspended until the Governor's order has been rescinded or amended. Therefore, until further notice, a live feed of the meeting will be available on our website and on Comcast channel 14. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity," will be accepted via the following links, and must be received by 4:00 pm the day of the meeting. • Sign up to Provide Oral Public Comment at the Meeting via Calling In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER ROLL CALL APPROVAL OF AMENDED AGENDA ACTION ITEMS: 1. First Reading Ordinance 21-002: Montgomery & Bessie Street Vacation STV-2020-0002 — Connor Lange [public hearing held, no public comment] NON -ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 2. Chaz Bates, Scott vonCannon & Retail Recruitment Update Joe Strauss of Retail Strategies 3. Lyndia Wilson, Spokane Regional Health District 4. Bill Helbig, Adam Jackson 5. Chelsie Taylor, Mike Basinger 6. Mayor Wick 7. Mayor Wick 8. Mark Calhoun ADJOURN COVID-19 Vaccine Administration Streets Sustainability Committee CARES Act Update Advance Agenda Council Comments City Manager Comments Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Meeting Held via ZOOM Tuesday, January 19, 2021 6:00 p.m. CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Cell Phones During the Meeting) NOTE: In response to Governor Inslee's March 24, 2020 Proclamation concerning the COVID-19 Emergency, which waives and suspends the requirement to hold in -person meetings and provides options for the public to attend remotely, physical public attendance at Spokane Valley Council meetings are suspended until the Governor's order has been rescinded or amended. Therefore, until further notice, a live feed of the meeting will be available on our website and on Comcast channel 14. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity," will be accepted via the following links, and must be received by 4:00 pm the day of the meeting. • Sign up to Provide Oral Public Comment at the Meeting via Calling -In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER ROLL CALL APPROVAL OF AGENDA ACTION ITEMS: 1. First Reading Ordinance 21-002: Montgomery & Bessie Street Vacation STV-2020-0002 — Connor Lange [public comment] NON -ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 2. Chaz Bates, Scott vonCannon & Retail Recruitment Update Joe Strauss of Retail Strategies 3. Lyndia Wilson, Spokane COVID-19 Vaccine Administration Regional Health District 4. Bill Helbig, Adam Jackson 5. Chelsie Taylor, Mike Basinger 6. Mayor Wick 7. Mayor Wick 8. Mark Calhoun ADJOURN Streets Sustainability Committee CARES Act Update Advance Agenda Council Comments City Manager Comments Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2021 Department Director: Check all that apply: ❑ consent n old business ® new business ❑ public hearing n information n admin. report ❑ pending legislation AGENDA ITEM TITLE: First Reading of Proposed Ordinance 21-002 — Street Vacation of Montgomery Avenue and Bessie Road GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; Revised Code of Washington (RCW) 35A.47.020 and RCW 35.79 PREVIOUS ACTION TAKEN: At the September 22, 2020 City Council meeting, a public hearing date was set with the Planning Commission for October 22, 2020. On January 12, 2021, City Council heard an administrative report on the proposed street vacation. BACKGROUND: The City received an application for a street vacation of a portion of Bessie Road and Montgomery Avenue on August 7, 2020 from Diamond Rock Financial LLC/TCF Properties, the owners of one of the adjacent properties (45074.0223). There are several owners surrounding the area to be vacated including two parcels owned by Kenneth Ward (45074.2309 & 45074.9084), one owned by the Burlington Northern Santa Fe Railway (45077.0002), four parcels owned by Montgomery Apartments LLC (45074.0222, 45074.0221, 45074.0220 & 45074.0219) and a small portion of property owned by Argonne/Montgomery Storage LLC (45071.9089). The application is requesting a street vacation of 470 feet of Montgomery Avenue and 195 feet of Bessie Road. The total area to be vacated for Montgomery Avenue is approximately 18,887 square feet and the total area to be vacated for Bessie Road is approximately 4,635 square feet. The undeveloped right-of-way widths range between 25-feet to 60-feet wide. As stated in the application materials, Diamond Rock/TCF Properties is making the request for the following reasons: 1. The proposed right-of-way to be vacated is currently undeveloped (dedicated in 1955) and provides no public access at this time, having no potential for connection to the north with the Burlington Northern Santa Fe rail line directly to the north. 2. Both Bessie Road and a portion of Montgomery Road are not full right-of-way widths and therefore would be substandard for today's use. These right-of-ways are difficult to maintain due to being unimproved. 3. The vacation will allow maximum use of abutting properties for infill development. The 25 feet of half right-of-way for Bessie Road was dedicated as part of the Vista Gardens No. 4 Plat on August 5th, 1955. For Montgomery Road, 15 feet of right-of-way was dedicated as part of the Vista Gardens No. 4 Plat completing the 30-foot half section and 60-foot full section of right-of-way (to the east). Neither section of roadway has ever been improved, with the exception of a curb return and drywell at the southeast corner of the intersection of Bessie and Mansfield Avenue. The right-of-way described does not contain any utilities that would need to be relocated as part of the vacation process. However, Spokane Valley Public Works is requiring the existing curb return be removed and replaced with new Type 'A' curbing along Mansfield Avenue per Standard Plan R-102. The existing drywell is also required to be removed and replaced with a Type 'A' drywell approximately 7 feet to the south at the new curb line along Mansfield per Standard Plan S-102. The drywell will be RCA 1st Ordinance Reading for STV-2020-0002 Page 1 of 3 located within the right-of-way for Mansfield Road and does not need an easement. These requirements have been made conditions of approval. The vacation of Montgomery Avenue would leave parcels 45074.0222, 45074.0221 and 45074.0220 (owned by Montgomery Apartments LLC) without street frontage or access. There is common ownership with parcel 45074.0219, the eastern most parcel, which abuts a portion of undeveloped Montgomery Avenue not included in the street vacation request and all four parcels are zoned Multi -family Residential. Therefore, either an access easement or boundary line adjustment application is necessary to aggregate those lots with parcel 45074.0219 prior to recording the street vacation. This requirement has been made a recommended condition of approval. The vacation of Bessie Road would leave parcel 45074.9084 (owned by Kenneth Ward) without street frontage or access. Kenneth Ward also owns parcel 45074. 2309, the property immediately to the south. Therefore, either an access easement or boundary line adjustment application is necessary to aggregate the lot prior to recording the street vacation. This requirement has been made a recommended condition of approval. The Planning Commission conducted a study session on October 8, 2020 and a public hearing on October 22, 2020. Following public testimony and deliberations, the Planning Commission voted 7-0 to recommend approval of the proposal (as described in the staff report prepared in advance of the Public Hearing) to vacate a portion of Bessie Road and Montgomery Avenue. The recommendation included dividing the right-of-way up to each abutting owner. The findings and recommendations were approved by the Planning Commission on November 12, 2020. Staff has received additional information regarding the division of the right-of-way proposed to be vacated from the applicant since the recommendation from Planning Commission's recommendation. SVMC 22.140.040 directs City Council to consider the Planning Commission's findings, conditions and/or limitations appropriate to preserve the public use or benefit, the division of the vacated right-of- way among abutting property owners, and lastly whether to require compensation for the right-of-way and when it is to be paid. Division of Vacated Right -of -Way to Abutting Property Owners: SVMC 22.140.040 provides that vacated right-of-way shall belong to abutting property owners, with half to each abutting property owner "unless factual circumstances otherwise dictate a different division and distribution of the street...." As mentioned above, the right-of-way for Bessie Road was dedicated as part of the Vista Gardens No. 4 Plat on August 5th, 1955. Therefore, the entire 25-feet of Bessie Road right- of-way should be retained by Lot 7 of the Vista Garden No. 4 Plat (parcel # 45074.0223). Correspondence was received from the Burlington Northern Santa Fe Railway on October 22, 2020 after the public hearing, stating that the railroad did not have any interest in retaining the vacated right-of-way. The 15-feet of right-of-way would provide no benefit to the railroad and therefore, the entire half right-of- way should be retained by the properties to the south of the BNSF property (parcel numbers 45074.0223, 45074.0222, 45074.0221 and 45074.0220). However, the owner of the Argonne/Montgomery Storage LLC property (45071.9089) expressed interest in retaining the 30-feet of right-of-way adjacent to their property. The changes proposed to the Planning Commission's recommendation would alter Condition #2 & #8 of the proposed Conditions of Approval because the right-of-way and zoning would not be divided with each abutting property receiving half the right-of-way. Compensation for Right -of -Way: RCA 1st Ordinance Reading for STV-2020-0002 Page 2 of 3 Council established Resolution 07-009 to provide parameters on requiring compensation. Within the Resolution, Section 1(Policy); states "The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal 50% of the appraised value of the vacated property received" Section 1.1.b allows the property values to be averaged, if value of adjacent properties differs. The table below includes the analysis for associating an estimated appraised value for the vacated property. Parcel Number Appraised Market Land Value (2020) 45074.0223 45074.0222 45074.0221 45074.0220 45074.0219 45071.9089 $37,800 $21,280 $21,280 $22,400 $22,400 $176,600 Lot Size in Square Appraised Value per Square 2 2 Feet ft Foot ft 32,287 8,293 9,993 10,567 10,568 44,151 Average appraised 2 value per ft Square feet of Bessie Road & Montgomery Avenue Appraised value for the area of street vacation $1.17 $2.56 $2.12 $2.12 $2.12 $3.99 $14.08/6 = $2.34 2 23,522 ft 2 23,522 ft x $2.34 = $55,041.48 50% of appraised value $55,041.48 x 50% = $27,520.74 Subtracting amount paid for application processing $27,520.74 - $ 1,365.00 = $26,155.74 Estimated value of Bessie Road & Montgomery Avenue = $26,155.74 Therefore, 50% of the appraised value for the unimproved portions of Bessie Road and Montgomery Avenue minus the application fees total $26,155.74. Section 1.4 of Resolution 07-009 allows City Council to take an alternative approach, if it is determined the public interest is better served. OPTIONS: Move to advance to a second reading with or without further amendments. RECOMMENDED ACTION: Move to advance Ordinance No. 21-002 to a second reading at the January 26, 2021 Council meeting. STAFF CONTACT: Connor Lange, Planner ATTACHMENTS: 1. Draft Ordinance 21-002 2. Signed Planning Commission Findings and Recommendation 3. Additional property ownership information for vacation 4. Approved Planning Commission Meeting Minutes October 8, 2020 5. Approved Planning Commission Meeting Minutes October 22, 2020 6. Approved Planning Commission Meeting Minutes November 12, 2020 7. Staff Report and Recommendation to the Planning Commission RCA 1st Ordinance Reading for STV-2020-0002 Page 3 of 3 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 21-002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF APPROXIMATELY 18,887 SQUARE FEET OF MONTGOMERY AVENUE AND 4,635 SQUARE FEET OF BESSIE ROAD ADJACENT TO NINE PARCELS (45074.2309, 45074.9084, 45077.0002 45074.0223, 45074.0222, 45074.0221, 45074.0220, 45074.0219 & 45071.9089) AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, on August 7, 2020, a completed application for vacation was filed requesting the vacation of Montgomery Avenue and Bessie Road totaling approximately 23,522 square feet; and WHEREAS, on September 22, 2020, the City Council by Resolution 20-013 set a public hearing date for October 22, 2020 with the Planning Commission; and WHEREAS, on October 22, 2020, the Planning Commission held a public hearing; and WHEREAS, following the hearing, the Planning Commission found that the notice and hearing requirements of Spokane Valley Municipal Code (SVMC) 22.140.020 had been met and recommended approval of the street vacation with conditions; and WHEREAS, the Planning Commission findings and minutes have been filed with the City Clerk as part of the public record supporting the vacation; and WHEREAS, none of the property owners abutting the street to be vacated filed a written objection to the proposed vacation with the City Clerk; and WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the street, the City shall transfer the vacated property to abutting property owners, the zoning district designation of the properties adjoining the street shall attach to the vacated property, a record of survey shall be submitted to the City, and all direct and indirect costs of title transfer to the vacated street shall be paid by the proponent or recipient of the transferred property as provided in this Ordinance. In this particular case, the vacated property shall be transferred to parcels 45074.0223, 45074.0222, 45074.0221, 45074.0220, 45074.0219 & 45071.9089; and WHEREAS, the City Council desires to vacate the above street pursuant to chapter 22.140 SVMC. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: 1. The area proposed to be vacated is unimproved with the exceptions noted, and no utilities are located within the right-of-way. The right-of-way is overgrown with weeds and hasn't been maintained by the City in the past. The street vacation would eliminate the unmaintained right-of- way and allow that area to be improved and maintained by the adjacent properties through infill development. Infill development on these parcels will enhance the City's tax base and remove undeveloped right-of-way from the City's maintenance division. 2. The subject right-of-way is unimproved and not being utilized for public access. There are no means of future connection that would enhance public access because much of the right-of-way is substandard to the City's current standards. City staff determined that the existing street network provides sufficient level of service and the right-of-way is not anticipated to be needed in the future. Ordinance 21-002 - Street Vacation STV-2020-0002 Page 1 of 6 DRAFT 3. Public access is not needed in this area because no properties currently utilize the right-of-way for access and the aggregation of the properties would alleviate the need for an access road. The infill development that occurs will either provide access on -site via private streets or from the currently developed right-of-way via private driveways. There is no need for a new and different public way. Parcels 45074.9084 and 45074.2309 owned by Kenneth Ward, and parcels 45074.0222, 45074.0221, 45074.0220 and 45074.0219 owned by Montgomery Apartments LLC currently only have legal access from the undeveloped portions of Bessie Road and Montgomery Avenue proposed to be vacated. Due to the common ownership among these groups of parcels, a boundary line adjustment or access easement is feasible and shall be required as part of the street vacation to provide access to these parcels. 4. Based on the Comprehensive Plan, it is not anticipated that changes will occur in the future that would require the use of the Bessie Road and Montgomery Avenue right-of-way for public access. 5. The adjacent property owners who signed the application include Kenneth Ward (45074.2309; 45074.9084), Montgomery Apartments LLC (45074.0219; 45074.0220; 45074.0221; 45074.0222) & Argonne/Montgomery Storage LLC (45071.9089). The only adjacent land owner who did not sign the application was the Burlington Northern Santa Fe Railway who received the application materials and provided no objection to the proposal. 6. On October 22, 2020, the Planning Commission conducted a properly noticed public hearing on the proposed street vacation. Significant public comment was received on the proposal. The primary objections concerned the potential for a multi -family development on parcel's 45074.0219; 45074.0220; 45074.0221; 45074.0222. Multifamily uses are currently permitted in the multi -family zoning district, and subject to the administrative review by staff for consistency with the regulations. The street vacation has no effect on the permitted uses. 7. The subject ROW is adjacent to parcels 445074.2309, 45074.9084, 45077.0002 45074.0223, 45074.0222, 45074.0221, 45074.0220, 45074.0219 and 45071.9089. After the Planning Commission conducted the public hearing on October 22, 2020, the City received information clarifying that Bessie Road was created by dedication as part of the Vista Gardens No. 4 Plat (abutting parcel 45074.0223). The City also received an email from the Applicant that Burlington Northern Santa Fe Railway did not desire to receive any portion of Montgomery Avenue. Based on these additional facts and pursuant to SVMC 22.140.040(C), the 25-feet of Bessie Road shall be retained by parcel 45074.0223. Secondly, the full width of that portion of Montgomery Avenue adjacent to the BNSF Railway shall be retained by parcels 45074.0223, 45074.0222, 45074.0221 and 45074.0220. Lastly, the portion of Montgomery Avenue abutting parcels 45074.0219 and 45071.9089 shall be divided half to each parcel from the centerline of the right- of-way. The title shall vest to each parcel for the division indicated above. 8. Resolution 07-009 was adopted pursuant to RCW 35.79.030 to set the City's policy for imposing vacation charges. Pursuant to Section 1 of Resolution 07-009: a. The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal 50% of the appraised value of the vacated property received to the extent the cost exceeds the amount charged by the City of Spokane Valley to initiate the vacation process. i. The appraised value shall be the same as the value of an equivalent portion of property adjacent to the proposed vacation as established by Spokane County Assessor at the time the matter is considered by the City Council. Ordinance 21-002 - Street Vacation STV-2020-0002 Page 2 of 6 DRAFT ii. If the value of adjacent properties differs, then the average of the adjacent property values per square foot will be used. Parcel Number Appraised Market Land Value (2020) 45074.0223 45074.0222 45074.0221 45074.0220 45074.0219 45071.9089 $37,800 $21,280 $21,280 $22,400 $22,400 $176,600 Lot Size in Square Feet 2 ft Appraised Value per Square 2 Foot ft 32,287 8,293 9,993 10,567 10,568 44,151 2 Average appraised value per ft Square feet of Bessie Road & Montgomery Avenue Appraised value for the area of street vacation 50% of appraised value Subtracting amount paid for application processing $1.17 $2.56 $2.12 $2.12 $2.12 $3.99 $14.08/6 = $2.34 2 23,522 ft 2 23,522 ft x $2.34 = $55,041.48 $55,041.48 x 50% = $27,520.74 $27,520.74 - $ 1,365.00 = $26,155.74 Estimated value of Bessie Road & Montgomery Avenue = $26,155.74 Based on the average assessed value of the adjacent properties and the total area of 23,522 square feet based upon the legal description in Section 2 below, $27,520.74 is 50% of the assessed value. Therefore, $27,520.74 minus the $1,365 application fee equals $26,155.74 as the applicable cost for the vacated property. Section 2. Property to be Vacated. Based upon the above findings and in accordance with this Ordinance, the City Council does hereby vacate the street or alley which is incorporated herein by reference, and legally described as follows: BESSIE ROAD VACATION THAT PORTION OF BESSIE ROAD LYING BETWEEN THE SOUTH RIGHT OF WAY OF MONTGOMERY AVENUE, AND THE NORTH RIGHT OF WAY OF MANSFIELD AVENUE. SAID PORTION CONTAINS 4,635 SQUARE FEET, MORE OR LESS. MONTGOMERY AVENUE VACATION THAT PORTION OF MONTGOMERY AVENUE LYING BETWEEN THE WESTERLY RIGHT OF WAY OF BESSIE ROAD AND THE EAST LINE OF LOT 3, BLOCK 1 OF VISTA GARDENS NO 4, AS RECORDED IN BOOK 4 OF PLATS, PAGE 28, RECORDS OF SPOKANE COUNTY, WASHINGTON. SAID PORTION CONTAINS 18,887 SQUARE FEET, MORE OR LESS. TOTAL AREA: 23,522 SQUARE FEET, MORE OR LESS. Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79.040 and SVMC 22.140.040(C), the vacated portion of the street or alley shall belong to the abutting property owners, one - Ordinance 21-002 - Street Vacation STV-2020-0002 Page 3 of 6 DRAFT half to each, unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. In this case, factual evidence was presented which necessitates an alternative division of right-of-way. Firstly, the 25-feet of Bessie Road shall be retained by parcel 45074.0223. Secondly, the full width of that portion of Montgomery Avenue adjacent to the BNSF Railway shall be retained by parcels 45074.0223, 45074.0222, 45074.0221 and 45074.0220. Lastly, the portion of Montgomery Avenue abutting parcels 45074.0219 and 45071.9089 shall be divided half to each parcel from the centerline of the right-of-way. The completion of the vacation shall be recorded in the record of survey which shall be created and recorded with Spokane County as required pursuant to SVMC 22.140.090. Section 4. Zoning. The zoning designation for the vacated street shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The City Manager or designee is authorized to make this notation on the official Zoning Map of the City. Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. 1. Initial work to satisfy conditions of the street vacation (File No. STV-2020-0002), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred into the abutting parcels (45074.0223; 45074.0219; 45074.0220; 45074.0221; 45074.0222; 45071.9089) pursuant to Section 3 above and as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 9. 3. A Boundary Line Adjustment (BLA) application to consolidate the parcels or access easement is required to be submitted and approved prior to recording the record of survey for the street vacation for parcels 45074.0219; 45074.0220; 45074.0221 and 45074.0222 and parcels 45074.9084 and 45074.2309 to ensure access is maintained. The BLA or access easement may be accommodated with the record of survey for the street vacation. 4. Prior to recording the street vacation of Bessie Road and Montgomery Avenue, the following requirements shall be satisfied: a. The existing curb return at the northeast corner of Bessie Road and Mansfield Avenue shall be removed and Type 'A' curb shall be installed along Mansfield Avenue across the vacated portion of Bessie Road per Standard Plan R-102. b. The existing drywell at the northeast corner of Bessie Road and Mansfield Avenue shall be removed and replaced with a new Type 'A' drywell approximately 7' to the south at the new curb line along Mansfield Avenue per Std. Plan S-102. A Type 1 (bypass) metal grate shall be installed with the drywell per Std. Plan S-121. c. Construction within the public right-of-way shall be performed under the direct supervision of a licensed Washington State Professional Engineer and in accordance to the Spokane Valley Street Standards. All work is subject to inspection by the City of Spokane Valley Development Engineering Construction Inspector. d. Upon completion of the improvements, a Construction Certification package per SVSS Chapter 9 shall be submitted and approved prior to recording of the Street Vacation Ordinance. e. A Warrant Surety shall be provided for the public improvements per SVSS Chapter 9. 5. 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, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future Ordinance 21-002 - Street Vacation STV-2020-0002 Page 4 of 6 DRAFT utilities and services, shall be submitted by the proponent to the City Manager, or designee, for review. 6. The surveyor shall locate a monument 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 SVSS. 7. 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 shall be paid by the proponent. The City shall not and does not assume any financial responsibility for any direct or indirect costs for the transfer of title. 8. The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation except in the case of Bessie Road in which the entire 25 feet of right-of-way shall be retained by parcel 45074.0223 from which it was originally platted as part of the Vista Gardens Number 4 Plat on August 05, 1955 and Montgomery Avenue adjacent to the BNSF Railway property in which all the right-of-way shall be retained by the properties owned Diamond Rock and Montgomery Apartments LLC (parcel numbers 45074.0223, 45074.0222, 45074.0221 and 45074.0220). All area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 9. 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. 10. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. 11. Payment in the amount of $26,155.74 shall be paid to the City by the property owner(s) requesting vacation. Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is authorized to execute and finalize all necessary documents in order to complete the transfer of the property identified herein. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of January, 2021. ATTEST: Ben Wick, Mayor Ordinance 21-002 - Street Vacation STV-2020-0002 Page 5 of 6 DRAFT Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 21-002 - Street Vacation STV-2020-0002 Page 6 of 6 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION STV-2020-0002 Street vacation of a portion of Bessie Road and Montgomery Avenue Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. 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-2020-0002, proposed to vacate 195-feet of Bessie Road and 470-feet of Montgomery Avenue. 3. The Planning Commission held a properly noticed public hearing and conducted deliberations on October 22, 2020. The Planning Commission voted 7-0 to recommend approval of STV-2020-0002 to the City Council as presented. 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 area proposed to be vacated is unimproved with the exceptions noted, and no utilities are located within the right-of-way. The right-of-way is overgrown with weeds and hasn't been maintained by the City in the past. The street vacation would eliminate the unmaintained right-of-way and allow that area to be improved and maintained by the adjacent properties through infill development. Infill development on these parcels will enhance the City's tax base and remove undeveloped right-of-way from the City's maintenance division. 2. Whether the street or alley is no longer required for public use or public access? The subject right-of-way is unimproved and not being utilized for public access. There are no means of future connection that would enhance public access because much of the right-of-way is substandard to the City's current standards. City staff determined that the existing street network provides sufficient level of service and the right-of-way is not anticipated to be needed in the future. 3. Whether the substitution of a new and different public way would be more useful to the public? Public access is not needed in this area because no properties currently utilize the right-of-way for access and the aggregation of the properties would alleviate the need for an access road. The infill development that occurs will either provide access on -site via private streets or from the currently developed right-of-way via private driveways. There is no need for a new and different public way. However, as discussed in the background section an access easement or boundary line adjustment application will be needed for parcel 45074.9084 &45074.2309 owned by Kenneth Ward and parcels 45074.0222, 45074.0221, 45074.0220 and 45074.0219 owned by Montgomery Apartments LLC due Findings and Recommendations of the Spokane Valley Planning Commission STV-2020-0002 Page 1 of 4 to their only access being from the undeveloped portions of Bessie Road and Montgomery Avenue. However, due to the common ownership among these parcels, a BLA or access easement is feasible. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? Based on the comprehensive plan it is not anticipated that changes will occur in the future that would require the use of the Bessie Road and Montgomery Avenue right-of-way for public access. 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? The adjacent property owners who signed the application include Kenneth Ward (45074.2309; 45074.9084), Montgomery Apartments LLC (45074.0219; 45074.0220; 45074.0221; 45074.0222) & Argonne/Montgomery Storage LLC (45071.9089). The only adjacent land owner who did not sign the application was the Burlington Northern Santa Fe Railway who received the application materials and provided no objection to the proposal. Significant public comment was received on the proposal. The primary objections concerned the potential for a multi -family development on parcel's 45074.0219; 45074.0220; 45074.0221; 45074.0222. However, the application before the Planning Commission was only to review the merits of the street vacation. Multifamily uses are currently permitted in the multi -family zoning district, and subject to the administrative review by staff for consistency with the regulations. The street vacation has no effect on the permitted uses. Conclusion: The findings confirm criteria set forth in SVMC 22.140.030 have been met. C. Recommendation: The Spokane Valley Planning Commission therefore recommends the City Council approve STV-2020- 0002 for Bessie Road and Montgomery Avenue subject to the following: 1. Initial work to satisfy conditions of the street vacation (File No. STV-2020-0002), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred into the abutting parcels (45074.2309; 45074.9084; 45074.0219; 45074.0220; 45074.0221; 45074.0222; 45071.9089) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 9. 3. A Boundary Line Adjustment (BLA) application to consolidate the parcels is required to be submitted and approved prior to recording the record of survey for the street vacation for parcels 45074.0219; 45074.0220; 45074.0221 and 45074.0222 and parcels 45074.9084 and 45074.2309 to ensure access is maintained. The BLA can be accommodated with the record of survey for the street vacation. 4. Prior to recording the street vacation of Bessie Road and Montgomery Avenue the following Development Engineering requirements shall be satisfied: a. The existing curb return at the northeast corner of Bessie Road and Mansfield Avenue shall be removed and Type 'A' curb shall be installed along Mansfield Avenue across the vacated portion of Bessie Road per Standard Plan R-102. Findings and Recommendations of the Spokane Valley Planning Commission STV-2020-0002 Page 2 of 4 b. The existing drywell at the northeast corner of Bessie Road and Mansfield Avenue shall be removed and replaced with a new Type 'A' drywell approximately 7' to the south at the new curb line along Mansfield Avenue per Std. Plan S-102. A Type 1 (bypass) metal grate shall be installed with the drywell per Std. Plan S-121. c. Construction within the public right-of-way shall be performed under the direct supervision of a licensed Washington State Professional Engineer and in accordance to the Spokane Valley Street Standards. All work is subject to inspection by the City of Spokane Valley Development Engineering Construction Inspector. d. Upon completion of the improvements, a Construction Certification package per SVSS Chapter 9 shall be submitted and approved prior to recording of the Street Vacation Ordinance. e. A Warrant Surety shall be provided for the public improvements per SVSS Chapter 9. 5. 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, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the City Manager, or designee, for review. 6. The surveyor shall locate a monument 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 SVSS. 7. 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 shall be paid by the proponent. The City shall not and does not assume any financial responsibility for any direct or indirect costs for the transfer of title. 8. The zoning district designation of the properties adjoining the street 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 districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 9. 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. 10. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Approved this l2th day of November, 2020 Planning Commission Chairman Findings and Recommendations of the Spokane Valley Planning Commission STV-2020-0002 Page 3 of 4 ATTEST Marianne Lemons, Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission STV-2020-0002 Page 4 of 4 From: Susan Moss To: Connor Lanae Subject: FW: bnsf.com E-mail - Please Contact Me Date: Thursday, October 22, 2020 6:15:27 PM Attachments: image003.pna image005.emz image006.pna image001.emz Connor, I believe I sent this to you in July. BNSF don't want any right of way. Also, Keneth Ward, will not receive any right of way due to the original plat and his portion was already vacated. Call if you want to talk. Best regards, Susan Moss, ASLA Landscape Architect 509-893-2617 ONCE Whipple Conaultl"r.; = "S VICE jXOY rda5 s. 7,n4 AINCANIvdt*nr svro t s rn the Pokr.o.vYfj+tlioa.N. Surve}tirvj. $rdk.,crw!JTi. Yr F"rag, tvir,„ c3.:d PiduuMrsy awl Law:Is...Am. Ar[rwtcrura , 4 w.. Fein•! .-.rF.,re 'irv-s i. .".•.?. MI6 •: rgd.r.r tam From: Bilderback, Blaine E <Blaine.Bilderback@bnsf.com> Sent: Wednesday, July 15, 2020 7:19 AM To: Susan Moss <smoss@whipplece.com>; Norton, Mark A <Mark.Norton@bnsf.com>; Karls, Don W <Donald.Karls@BNSF.com>; Bye, Sandra <Sandra.Bye@BNSF.com>; McReynolds, Doug <Doug.Mcreynolds@BNSF.com> Subject: RE: bnsf.com E-mail - Please Contact Me Susan, we would contend that neither Bessie or Montgomery were platted beyond the edge of the RR property. We don't object to the abandonment, but we are not interested in acquiring any of the remnants of the platted streets, which I would think would only be the pieces outside of the area I've circled. Thanks Blaine SP 9' - YS! 4S17, aiEYa 70C.' tx27R1HERH PACIFIC 5i1L*AT RC* aria u %1STx GA40EM5 K + ECLOCk 50' R9i STREET VAGATeDN Ex.H,BIT BESSIE dS MMONTG❑MERY w, T14,ra PLAT VIYTA OA.RDLNG NU, 1 i FfincArif VALLtY, RAIRHIr T8n dd.. nal.rwia rs.;e tee" a-iro� �py�-.a mom Original Message From: Susan Moss [mailto:smossPwhipplece.com] Sent: Monday, June 22, 2020 4:59 PM To: Bilderback, Blaine E <Blaine.BilderbackPbnsf.com>; Norton, Mark A <Mark.Norton( bnsf.com>; Karls, Don W <Donald.KarlsPBNSF.com>; Bye, Sandra <Sandra.ByePBNSF.com>; McReynolds, Doug <Doug.Mcreynolds( BNSF.com> Subject: RE: bnsf.com E-mail - Please Contact Me External Message Thank you Blaine. I look forward to hear back from you. Best regards, Susan Moss, ASLA Landscape Architect 509-893-2617 Original Message From: Bilderback, Blaine E <Blaine.BilderbackPbnsf.com> Sent: Monday, June 22, 2020 2:52 PM To: Susan Moss <smossPwhipplece.com>; Norton, Mark A <Mark.NortonPbnsf.com>; Karls, Don W <Donald.KarlsPBNSF.com>; Bye, Sandra <Sandra.ByePBNSF.com>; McReynolds, Doug <Doug.McreynoldsPBNSF.com> Subject: RE: bnsf.com E-mail - Please Contact Me Susan, we would treat the vacation like an acquisition, which means there is a certain amount of due diligence we would need to complete before we would accept the property. I sent this request over to the acquisition group to review. Thanks Blaine Original Message From: Susan Moss [mailto:smossPwhipplece.com] Sent: Monday, June 22, 2020 4:28 PM To: Bilderback, Blaine E <Blaine.BilderbackPbnsf.com>; Norton, Mark A <Mark.NortonPbnsf.com>; Karls, Don W <Donald.KarlsPBNSF.com>; Bye, Sandra <Sandra.ByePBNSF.com>; McReynolds, Doug <Doug.McreynoldsPBNSF.com> Subject: RE: bnsf.com E-mail - Please Contact Me External Message Blaine, Did I send you enough information for the Street Vacation we are wanting to do in Spokane Valley, WA? Please contact me as soon as you can. Best regards, Susan Moss, ASLA Landscape Architect 509-893-2617 Original Message From: Susan Moss Sent: Thursday, June 18, 2020 1:23 PM To: Bilderback, Blaine E <Blaine.BilderbackPbnsf.com>; Norton, Mark A <Mark.NortonPbnsf.com>; Karls, Don W <Donald.KarlsPBNSF.com>; Bye, Sandra <Sandra.ByePBNSF.com>; McReynolds, Doug <Doug.McreynoldsPBNSF.com> Subject: RE: bnsf.com E-mail - Please Contact Me Attached is an aerial of the site in Spokane Valley and a drawing of the ROW we wish to apply for a street vacation. I have also attached the application. I will be updating the City Council letter and if you want some language in that I can add it. Thanks for your help. Best regards, Susan Moss, ASLA Landscape Architect 509-893-2617 Original Message From: Bilderback, Blaine E <Blaine.BilderbackPbnsf.com> Sent: Thursday, June 18, 2020 12:56 PM To: Norton, Mark A <Mark.NortonPbnsf.com>; Karls, Don W <Donald.KarlsPBNSF.com>; Bye, Sandra <Sandra.ByePBNSF.com>; Susan Moss <smossPwhipplece.com>; McReynolds, Doug <Doug.McreynoldsPBNSF.com> Subject: RE: bnsf.com E-mail - Please Contact Me Susan, can you send me an aerial map of the area in the street you are planning to vacate? Thanks Blaine Original Message From: Norton, Mark A Sent: Thursday, June 18, 2020 2:54 PM To: Bilderback, Blaine E <Blaine.BilderbackPbnsf.com> Subject: FW: bnsf.com E-mail - Please Contact Me Blaine, Is this something your team handles? Thanks, Mark Original Message From: Karls, Don W Sent: Thursday, June 18, 2020 1:41 PM To: Norton, Mark A <Mark.NortonPbnsf.com> Subject: FW: bnsf.com E-mail - Please Contact Me Hi Mark Does this one go to your team? Thanks Don Original Message From: SMOSSPWHIPPLECE.COM <SMOSS( WHIPPLECE.COM> Sent: Thursday, June 18, 2020 10:33 AM To: Karls, Don W <Donald.KarlsPBNSF.com> Subject: bnsf.com E-mail - Please Contact Me Form submitted by: (SMOSSPWHIPPLECE.COM) on Thursday, June 18, 2020 at 12:33:24 ReferringURL: https://imsva9l-ctp.trendmicro.com:443/wis/clicktime/v1/query? u rl=https%3a % 2f% 2fwww. bnsf.com % 2fa bout % 2d bnsf% 2fcontact%2dus%2fi ndex. htm l&u m id=86DB816 2-A8B3-5905-BD9C-A9C85D5077D5&auth=00e18db2b3f9ca3ba6337946518e0b003516e16e- 5d0bf687996ac9b97fd600a421583cfa2f362586 To: Don Karls From: SUSAN MOSS, ASLA Email: SMOSSPWHIPPLECE.COM Message: We are in the process of a Street Vacation in Spokane Valley, WA. The 30' right of way is adjacent to BNSF and my clients Can I send you the information we have and have BNSF authorize this street vacation for your half of the ROW, which BNSF will retain? CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. From: Susan Moss To: Connor Lanae Subject: Kenneth Ward issue Date: Thursday, October 22, 2020 7:37:58 PM Connor, I talked to Ken and he doesn't want the r of w. We are adding access to his site on our plans. Best regards, Susan Moss, ASLA Landscape Architect 509-893-2617 IWCE Whipple Consulting Engine wCE gimwndas tmd Cvntdoororrif simnel in Mt, isoilovouv tom. LO+rd 5rrr . Givf, 59 icdoarim'+e £rafhe £rgiiiipow1,t d rrrr „r:,r surd Landscape .err : r ,: fry: CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall October 8, 2020 I. Chair Johnson called the meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Administrative Assistant Deanna Horton took roll and the following members and staff were present: Fred Beaulac Walt Haneke, absent James Johnson Danielle Kaschmitter Bob McKinley Sherri Robinson John Hohman, Deputy City Manager Erik Lamb, Deputy City Attorney Jenny Nickerson, Building Official Bill Helbig, City Engineer Jerremy Clark, Senior Traffic Engineer Connor Lange, Planner Taylor Dillard, Administrative Assistant Marianne Lemons, Office Assistant There was consensus from the Planning Commission to excuse Commissioner Haneke from the meeting. IV. AGENDA: Commissioner Kaschmitter moved to approve the October 8, 2020 agenda as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. V. MINUTES: Commissioner Kaschmitter moved to approve the September 24, 2020 minutes as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Chairman Johnson reported that he continues to attend the Human Rights Task Force meetings. VII. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson reminded the Commission that there will be a special Planning Commission meeting held on November 5, 2020 to discuss impact fees for the South Barker corridor. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: 1 10-08-2020 Planning Commission Minutes Page 2 of 5 a. Findings Of Fact: CTA-2019-0005, A proposed amendment to Title 20, Subdivisions Planner Connor Lange requested approval of the findings of fact from the meeting on September 24, 2020 regarding the proposed amendment to Title 20. This document will formalize the Planning Commission's actions and the recommendation will be submitted to the City Council for approval. Commissioner Beaulac moved to approve the findings of fact and forward to City Council. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. b. Study Session: STV-2020-0002, A privately initiated street vacation for a portion of East Montgomery Avenue and Bessie Road Planner Connor Lange gave a staff presentation. He explained that the City received an application on August 7, 2020 from Diamond Rock Financial, LLC/TCF Properties requesting a street vacation of 470 feet of Montgomery Avenue and 195 feet of Bessie Road. The area is located east of Vista Road, west of Sargent Road, south of Trent Avenue and north of Mansfield Avenue. The four parcels along Montgomery Avenue where the vacation is being requested are owned by the same person and the City will require that the owner aggregate those properties to avoid any access issues. Bessie Road is 25 feet of right-of-way and Montgomery is 30 feet in the smallest section and 60 feet in the largest section of right-of-way. Chairman Johnson asked for clarification about how the four lots will be accessed if the street is vacated. Mr. Lange answered that the property will still be accessed from the unvacated portion of Montgomery Avenue. Commissioner Robinson asked the zoning of the properties. Mr. Lange answered that the property off Bessie Road is zoned R-3 and the four properties on Montgomery are zoned multi -family residential (MFR). Commissioner Robinson asked if the surrounding properties have been notified about the requested change. Mr. Lange answered that a notice of public hearing has been sent out to all owners of properties within 400 feet of the proposal. Mr. Lange explained that there are three main items that staff reviews when processing a street vacation request: street connectivity, traffic volumes, & future development/access. During the review process, staff determined that there is sufficient street connectivity. Due to the location of the railroad to the north of the property, Bessie Road cannot be connected to Trent Rd. However, there is good access from Mansfield Avenue & Sargent Road providing circulation onto Montgomery Avenue. The applicant's reason's for request is as follows: 1) The proposed vacation is currently undeveloped (dedicated in 1955) and provides no public access at this time, having no potential for connection to the north with the Burlington Northern Santa Fe rail line directly to the north. 2) Both Bessie Road and a portion of Montgomery Road are not full right-of-way widths and therefore would be substandard for todays use. 3) The vacation will allow maximum use of abutting properties for infill development. 2 10-08-2020 Planning Commission Minutes Page 3 of 5 Commissioner Beaulac asked if the railroad has been notified about this request. Mr. Lange answered that notification has been sent but the City has not received any comments from them. Commissioner Beaulac commented that he would really like to know their thoughts on the proposal. Mr. Lange responded that he would try to reach out to them for comments. Chairman Johnson asked about the comment from Whipple Engineering regarding the proposed subdivision of the lot on Bessie Road into three separate lots. Mr. Lange responded that there is a formal request for short plat on that property that has been deemed incomplete due to this proposed street vacation. With no other questions, Mr. Lange said that a public hearing will be held on October 22, 2020 and he will provide answers to those questions posed by the Commission. c. Administrative Report: Impact Fees for the South Barker Corridor Deputy City Manager John Hohman introduced the agenda item. He explained that the City of Spokane Valley does not currently have impact fees in place. The City would like to implement impact fees for new developments occurring along the Barker Road corridor. When a new project comes in for development, there will be a set dollar amount per trip that a developer pays which will be used by the municipality to improve the infrastructure that is impacted by the development. Senior Traffic Engineer Jerremy Clark stated there are two process used to determine project mitigation, traffic concurrency and the State Environmental Policy Act (SEPA). Traffic concurrency ensures that the transportation system has sufficient capacity to accommodate any proposed development. In order to have a consistent process, the City has street standards that must be met for each proposed development. All projects must have a trip generation and distribution letter (TGDL) which provides an estimate of how many trips will be coming onto the transportation network and where they will be occurring. The number of trips generated determines if a Traffic Impact Analysis (TIA) is required for a proposed development. These tools are used to determine what kind of mitigation will be required from a developer. SEPA has its own set of requirements and processes but they are separate from concurrency. Mr. Clark explained that the City has done some in-depth studies of areas with substantial growth potential and limited roadway capacity. These areas include the Northeast Industrial area, Mirabeau subarea, North Pines subarea, and the South Barker corridor. Mr. Hohman explained the cost of preserving current infrastructure in the existing configuration. There are roads throughout the City that are deficient and can't support the amount of activity and development happening. The City struggles with funding their street maintenance programs. Historically, the estimated cost to maintain City streets is approximately ten million dollars and the average actual expenditures is six million dollars leaving a deficit of four million dollars each year. The ten million estimate is for preservation only and does not include lane widening, intersection operations, or other needed improvements. The City needs to find additional funding to accommodate growth and maintain current service levels. 3 10-08-2020 Planning Commission Minutes Page 4 of 5 Deputy City Attorney Erik Lamb explained that the City is looking to identify the fair share impacts of new developments on an even basis so that citizens are not paying for the impacts. He stated that currently mitigation is only required if the level of service drops below acceptable levels based on the addition of a new development. Impacts occur from all developments but only the last developer who tips levels of service over the acceptable levels contributes to mitigation. The mitigation received from that developer will only be required based on that development's proportionate share. SEPA allows the City to address "probable significant adverse environmental impacts" on projects. Traffic is considered to be an environmental impact under SEPA but mitigation cannot be duplicated if it imposed by other regulations. Mr. Lamb stated that there are current process limitations because traffic concurrency is limited to designated corridors and areas. There are substantial exemptions in place through both SEPA and traffic concurrency such as short plats, multi -family dwellings up to sixty units and commercial buildings up to 30,000 square feet. However, impacts still occur from exempt areas, especially in regards to traffic impact. These limitations put the City in a situation where new development is not paying for their impacts to City infrastructure. Due to this shortfall in revenue, the City is looking into the possibility of implementing traffic impact fees. Mr. Lamb explained that impact fees are statutorily authorized mechanisms to have development pay for their proportionate impact on services and infrastructure and may be limited to an identified geographical area. It's a fair assessment of fees which gives certainty to developers regarding the amounts that will have to be paid. The fees are easy to collect because they are due at the time of building permit. The fees are established by an adopted rate schedule for each development activity and must be based on a specific formula or calculation. Chairman Johnson asked if the collected fees can be used city-wide for transportation related projects. City Engineer Bill Helbig answered that statutorily it is required that the fees received must be used within the area that they were collected. Mr. Helbig stated that the City has conducted a substantial study of the South Barker corridor. The study shows that this area has potential for significant future development and the level of service is degrading. The study recommends the need for mitigation and identifies fair share costs. It identifies seven recommended improvement projects throughout the corridor for a total of approximately 18.8 million dollars. Mr. Helbig explained that a public hearing on this agenda item will be held at a special meeting of the Planning Commission on November 5, 2020 and a Findings Of Fact will be held on November 12, 2020. It will then be forwarded to the City Council on November 24, 2020. Commissioner Beaulac asked for a report showing what other municipalities are charging for impact fees because he wants to make sure that the City is adopting fees that are competitive. Mr. Helbig stated that he will submit that report at the next meeting. X. GOOD OF THE ORDER: Mr. Hohman stated that Mayor Wick will select someone to fill the vacancy on the Planning Commission at the October 20, 2020 City Council meeting. The 4 10-08-2020 Planning Commission Minutes Page 5 of 5 City has received three applicants for the position. XL ADJOURNMENT: Commissioner Kaschmitter moved to adjourn the meeting at 7:33 p. m. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed. James Johnson, Chair Deanna Horton, Secretary /4/i(-/gazz) Date signed 5 Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall October 22, 2020 I. Chair Johnson called the meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Administrative Assistant Deanna Horton took roll and the following members and staff were present: Fred Beaulac Karl Granrath Walt Haneke James Johnson Danielle Kaschmitter Bob McKinley Sherri Robinson Erik Lamb, Deputy City Attorney Jenny Nickerson, Building Official Bill Helbig, City Engineer Jerremy Clark, Senior Traffic Engineer Connor Lange, Planner Deanna Horton, Administrative Assistant Marianne Lemons, Office Assistant IV. AGENDA: Commissioner Kaschmitter moved to approve the October 22, 2020 agenda as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. V. MINUTES: Commissioner Kaschmitter moved to approve the October 8, 2020 minutes as presented. There was no discussion. The vote on the motion was six in, favor, one abstention, zero against and the motion passed. VI. COMMISSION REPORTS: Commissioner Haneke apologized for missing the last meeting. Commissioner Granrath stated that he is excited to be on the Planning Commission. Chairman Johnson reported that he continues to attend the Human Rights Task Force meetings. VI1. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson welcomed Commissioner Granrath to the Planning Commission. She also reminded the Commission that all meeting videos are on the Spokane Valley website for review. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: 1 10-22-2020 Planning Commission Minutes Page 2 of 8 a. Public Hearing: STV-2020-0002, A privately initiated street vacation for a portion of East Montgomery Avenue and Bessie Road The public hearing was opened at 6:06 p.m. Planner Connor Lange gave a presentation regarding an application received by the City on August 7, 2020 from Diamond Rock Financial, LLC/TCF Properties requesting a street vacation of 470 feet of Montgomery Avenue and 195 feet of Bessie Road. The area is located east of Vista Road, west of Sargent Road, south of Trent Avenue and north of Mansfield Avenue. The four parcels along Montgomery Avenue are owned by the Montgomery Apartments, LLC, the two properties along Bessie Road are owned by Diamond Rock and Kenneth Ward and the adjacent property on East Montgomery Avenue is owned by Argonne/Montgomery Storage, LLC. All four of these property owners signed the submitted application in support of the street vacation. Mr. Lang stated that he reached out to the Burlington Northern Railroad and they expressed that they do not have any issues with the vacation. Mr. Lange said that the applicant's reason for this request is as follows: 1) The proposed vacation is currently undeveloped (dedicated in 1955) and provides no public access at this time. 2) Both Bessie Road and a portion of Montgomery Avenue are not full right-of-way widths and therefore would be substandard for today's use. Bessie Road is 25 feet of right-of-way and Montgomery is 30 feet in the smallest section and 60 feet in the largest section of right-of-way. 3) The vacation will allow maximum use of abutting properties for infill development. Mr. Lange stated that the public hearing notice was posted as required. was published in the Valley Herald twice, written notice was sent to the property owners adjacent to the properties along Bessie Road and Montgomery Avenue and signs were posted at each end of the proposed vacation area. Mr. Lange explained that the right-of-way to be vacated is unimproved, is not currently being utilized for public access, and is overgrown with weeds. Inftll development on these adjacent parcels will enhance the City's tax base and remove undeveloped right-of- way from the City's maintenance division. Also, there are no means of future connection that would enhance public access because much of the right-of-way is substandard to the current City street standards and the existing street network provides a sufficient level of service for the adjacent properties. Mr. Lange stated that staff condition number eight (submitted in the packet) states: The zoning district designation of the properties adjoining the street 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 do all regulations of the district. However, staff is recommending a change to that condition that would dedicate all of the vacated street along Bessie Road to Diamond Road Financial, LLC because the entire right-of- way was dedicated during the creation of the Vista Gardens subdivision. The proposed staff condition reads as follows: The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation except in the case of Bessie Road in which the entire 25 feet shall be included with parcel 45074.0223 (owned by Diamond Rock Financial. LLC) from which it was 2 10-22-2020 Planning Commission Minutes Page 3 of 8 originally platted as part of the l'ista Gardens Number 4 Plat. All area included in the vacation shall then and henceforth be subject to all regulations of the district. Commissioner Haneke asked why this same logic would not apply to the right-of-way along Montgomery Avenue that is being given to the railroad. Mr. Lange answered that the right-of-way in that area was not dedicated at the same as Vista Gardens. Only fifteen feet of Montgomery Avenue was dedicated during the subdivision plat. Chairman Johnson asked if the property owner Kenneth Ward was notified that the street vacation is being given solely to the other piece of property. Mr. Lang answered that he had not been notified. Chair Johnson asked if Kenneth Ward was specifically told that he would be getting any of the property. Mr. Lang answered that he was not because the allocation is based on how the original plat map was dedicated and based on the plat map the property would not be entitled to any additional area. However, Kenneth Ward did sign the original application in support of the request. Chair Johnson opened the public testimony. Administrative Assistant Deanna Horton read 27 written comments that were received on October 21, 2020 into the record. The comments were all in opposition to the street vacation request. 1) Alice Marie Bristow, 8720 E Montgomery Avenue, objected due to increased traffic, decrease in property value, increase in taxes, less safety for older people, wear and tear on streets and utilities, more noise in the neighborhood, possible increased crime, and poorer air quality. 2) Matthew Keller, 8603 E Mansfield Avenue, objected because Diamond Rock Financial, LLC will build a three-story apartment complex which is in conflict with the Cities housing policy #6, it will strip him of his privacy in his backyard where he installed a S10,000 vinyl fence, the property would be a better site for storage units, the proposed development will attract a cluster of crime and drugs, and the proposed street vacation is needed to meet fire code. 3) Tracy McCulloch, 8521 E Mansfield Avenue, objected because the future development of the properties owned by Diamond Rock Financial, LLC and Montgomery Apartments will violate the housing policy #6 of the Cities Comprehensive Plan and will cause impact to the neighborhood including increased traffic, increased noise and loss of privacy to the adjacent properties. 4) Sara and Christopher Wilson, 8720 E Mansfield Avenue, objected due to increased traffic, making Sargent and Mansfield a more dangerous intersection due to the increased traffic, more people will affect the nice quiet neighborhood, possible increase in crime, and decreased property value. 5) Johnathan E Hannel, 8721 E Mansfield Avenue, objected to an addition of apartment complexes due to increased traffic, children being unable to play outside because of traffic threat, increase in crime, and decrease in property value. He requested that the City not sell or allow the use of Montgomery Avenue by Diamond Rock Financial, LLC. 6) Sarah and Tom McKeever, 8820 E Montgomery Avenue, objected due to additional traffic on an unmarked road, increased crime rate and decreased property value. 7) Izeah and Jessica Mattingly, 8504 E Mansfield Avenue, objected because it will negatively affect their way of life in the neighborhood and it will increase traffic which is already a problem in the neighborhood. She stated bringing section eight 3 10-22-2020 Planning Commission Minutes Page 4 of 8 housing to the neighborhood is not a good idea and she is worried about an increase to the crime and drug rate and a decrease in property values. 8) Austin and Kaytlyn Auckerman, 8602 E Mansfield Avenue, objected due to decreased property values and an increase in traffic. They also expressed concern about a "problem house" (owned by one of the applicants) where a resident visited their home demanding drugs and threatening to kill them. When this incident was investigated by the police, they found drugs being sold out of the home. He stated that allowing this build to pass would promote and increase this type of behavior, especially if it is low income housing. 9) Donna (Thompson) Messinger, 8520 E Mansfield Avenue, objected due to a decrease in property value, traffic congestion will increase, dangerous for children to go to the 2 bus stops in the neighborhood, the roads in the neighborhood cannot handle the traffic for a 3-story apartment complex, and the trains going past Mansfield causes traffic delays at Vista and Trent and the complex will make these delays worse. 10) Ross Sells and Sarah Spencer, 8621 E Mansfield Avenue, objected due to increase in vehicle traffic, increase in crime and decrease in property values. 11) Dale A McCallum I1, 8607 E Mansfield Avenue, objected due to increased traffic flow and crime, decreased property values, proximity to railroad, petroleum line, loss of privacy, and risk to children's bus stops. 12) Elizabeth Vazquez, 8621 E Knox Avenue, objected due to increased traffic flow, increased crime rates, increased noise and decrease of privacy for neighborhood. 13) Emogene Sweigle, 2214 N Sargent Road, objected due to increased traffic flows on already overloaded streets and decreased property values. 14) Hector Andrade, 8709 E Mansfield Avenue, objected due to the decrease in safety for neighborhood children, potential for more/bigger accidents, increased crime, vandalism, and homelessness in the neighborhood. 15) Mark Krum, 8702 E Mansfield Avenue, objected due to property value, taxes, traffic congestion, crime/undesirables, environmental impacts, railroad/property conflict, fire/emergency service, neighborhood unity, and noise pollution. 16) Patrick Ohmann, 8716 E Mansfield, objected due to increase in traffic and that the neighborhood will no longer be quiet. 17) Kimberly McKinley, 8715 E Mansfield Avenue, objected because the proposal is an infringement on single home dwellers and owners of property in the neighborhood. She stated that they do not need any additional traffic because people already speed on Montgomery and kids and pets are being put in danger. She also expressed concern about Diamond Rock creating a neighborhood problem around Pasadena Elementary. 18) Brian P McCabe, 8708 E Mansfield Avenue, objected because property values will drop after being as high as they have ever been, drug use/traffic are usually close behind an influx of low-income habitation, fear of crime rates increasing in a safe and close-knit community. 19) Danny Tryon, 2310 N Margeurite, objected because the traffic on the streets has increased multiple times since 1972. The neighborhood is family friendly with lots of kids and pets, but the construction of the Maverik gas station and convenience store has tripled the traffic and people do not adhere to the speed limit. He stated the neighborhood does not need the impact of opening up more streets and more building because it is already congested enough. 20) Paul Cockburn and Alexandra Hill, 2302 N Marguerite Road, objected because they just bought their home to get away from apartments. They stated that apartments will 4 10-22-2020 Planning Commission Minutes Page 5 of 8 cause crime, drugs, high traffic, and theft. He stated that apartments need to be built elsewhere and not in their neighborhood. 21) Bill and Kathy Bartlett, 2218 N Marguerite Road, objected because they are concerned about children and elderly safety, heavy traffic associated with a large number of occupants in a small area, children walking to bus stops, danger to pedestrians, more theft/break-ins, property taxes will increase to support additional utilities and infrastructure repairs, and decrease in property values. 22) Danny A and Susan Packard, 8815 E Knox Avenue, objected due to an increase in traffic and speeding on Knox Avenue. 23) Yamada, 8510 E Mansfield Avenue, objected because of continuing crime, concern over major gas line by the railroad track, decrease in property values, increase in traffic, and apartment complexes attract drug and foot traffic. 24) Lonnie Scott, 8704 E Montgomery Avenue, objected because the area is not able to handle the current traffic, additional traffic will put children at risk, development so close to the train tracks will only draw those who cannot afford a better location which will increase crime and drugs, and lower property values. 25) Mike and Lorraine Schweda, 8608 E Mansfield Avenue, objected because there will be increased occupants, foot and car traffic, and the safety of railroad access. They also stated there are no street lights on Mansfield Avenue which has caused an increase in vandalism, car break-ins, gas robbing, and vehicle/car/yard thieves. They stated that they are also concerned about fire and police protection access, decrease in property values and more drug activity. They do not feel that this proposal will be an asset or improvement to what already exists. 26) Kris and Jessica Taylor, 8805 E Mansfield Avenue, objected because the vacation would infringe on the surrounding homes by decreasing privacy, property values, and safety, and increasing traffic volumes. The proposed development would violate housing policy #6 and they stated frustration that Diamond Rock would propose a plan for their gain and knowingly violate this policy. 27) Barbara Sturn, 8415 E Mansfield Avenue, objected because low income housing brings trouble and they just got rid of three drug houses, congested streets that are already crowded and don't have stop signs, decrease in property values, and the residents will lose their view of Mount Spokane. She asked if anything is sacred anymore or if everything is about money. Todd Whipple, Whipple Consulting Engineers representing the applicant, stated that he understood the comments from the residents regarding high density but the zoning for the properties had already been approved and determined. Therefore, the developers could move forward with the multifamily project regardless of the whether or not the street vacation was approved. He encouraged the Planning Commission to approve the request. Chairman Johnson asked if the transition requirements would apply between railroad and multifamily. Building Official Nickerson responded that the railroad does not have a zoning classification associated with it. Therefore, there are no requirements for buffering or transition. During this time, an attendee, Sheri Lang continued to interrupt the meeting by unmuting and interjecting herself into the discussion. While trying to gain control over the interruption, Commissioner McKinley asked Secretary Horton why she just did not allow Ms. Lang to continue to speak. Ms. Horton explained that in order to speak, the public needed to notify staff ahead of time so that staff would be able to maintain control over the meeting. Commissioner McKinley stated that he felt that the Commission should 5 10-22-2020 Planning Commission Minutes Page 6 of 8 allow the member of the public to speak on this matter even though she did not request to speak through the proper channels. There was discussion between the Commissioners regarding whether or not to allow the public to speak. They decided to allow Ms. Lang only to speak. Sheri Lang, Spokane Valley, stated that she lives on the comer of Sargent Road and Montgomery Avenue and she felt that this request for street vacation would substantially affect her. She stated that if a large apartment building is built, the only exit for those residents would be past her home onto Sargent Road. She said there should be an easement granted through the Diamond Rock property so that the apartment traffic could funnel onto Bessie Road. She also expressed concern about Ken Ward not being notified about him not maintaining his portion of Bessie Road. Ms. Horton noted that through the chat function Mr. Whipple had requested to speak again to rebut some of the testimony. There was consensus from the Commission to move forward without allowing any additional public comment. The public hearing was closed at 7:20 p.m. Commissioner Haneke suggested that rather than vacating Bessie Street, changing it to a one-way street. Ms. Nickerson responded that it would be very difficult to make that designation without a specific proposal for development on the undeveloped properties. Deputy City Attorney Erik Lamb stated that a determination on that sort of change would have be made by traffic engineering during the proposal. Commissioner Robinson commented that this request was for the street vacation only and the decisions regarding zoning have already been determined. Development on these properties is going to continue regardless of the street vacation determination. Commissioner Beaulac moved to recommend approval of STV-2020-002, the proposed street vacation for Montgomery Avenue and Bessie Road to the City Council subject to staff conditions. Commissioner Beaulac asked if the traffic light at Montgomery Avenue and Argonne Road could be adjusted for additional traffic if the apartments are built. Senior Traffic Engineer Jerremy Clark answered that the corridor along Argonne Road has automated traffic signal performance measures already set up and they could be reviewed in real time so that adjustments could be made as volumes change. Commissioner Haneke commented that he would like Kenneth Ward to be notified that he will not be receiving any of the vacation right-of-way. Commissioner Beaulac stated that his motion is recommending approval of the street vacation subject to the original written staff conditions without any changes to the allocation of Bessie Road (the right- of-way will be split between both property owners). The vote on the motion was seven in favor, zero against and the motion passed. A brief break was called at 7:42 p.m. The meeting was called back to order at 7:53 p.m. b. Study Session: Impact Fees for the South Barker Corridor City Engineer Bill Helbig introduced the agenda item. He explained that the City is proposing a code -text amendment to implement transportation impact fees along the South Barker Road corridor. He explained that the City currently uses two process to determine project mitigation, traffic concurrency and the State Environmental Policy Act 6 10-22-2020 Planning Commission Minutes Page 7 of 8 (SEPA). Both processes are based on proportionate share of the proposed project and they require each project to do a unique, project specific evaluation each time. These evaluations are done by following the City's Street Standards. He stated that currently mitigation is only required if the level of service drops below acceptable levels based on the addition of a new development. Impacts occur from all developments but only the last developer who tips levels of service over the acceptable levels contributes to mitigation. The mitigation received from that developer will only be required based on that development's proportionate share. Mr. Helbig stated that there are current process limitations because traffic concurrency is limited to designated corridors and areas. There are substantial exemptions in place through both SEPA and traffic concurrency such as short plats. multifamily dwellings up to 60 units and commercial buildings up to 30,000 square feet. However, impacts still occur from exempt areas, especially in regards to traffic impact. Mr. Helbig explained that impact fees are statutorily authorized mechanisms to have development pay for their proportionate impact on services and infrastructure and may be limited to an identified geographical area. He stated that the City has conducted a substantial transportation study of the South Barker corridor. The study identifies seven recommended improvement projects throughout the corridor for a total of approximately $18.8 million dollars. If the impact fees are implemented, they will cover about 19% of the improvement amount. Chairman Johnson asked if the City had looked into interlocal agreements with other jurisdictions. Deputy City Attorney Erik Lamb answered that the City has not engaged in any formalized discussions yet. However, there has been ongoing discussions with Liberty Lake and Spokane County regarding the need for cooperation addressing traffic impact. The City is aware that these agreements will be needed in the future but feels that the impact fee adoption is the first step. Mr. Helbig stated that if these fees are adopted, there will need to be code changes made to the Spokane Valley Municipal Code (SVMC). A new chapter will need to be added to Title 22 adopting and imposing Transportation Impact Fees (Chapter 22.100). Some additional updates will need to be made to 17.90 regarding appeals, 17.110.010 regarding fees and penalties, and 22.10.010 regarding authority. Also, Chapter 3 of the Spokane Valley Street Standards will also need to be updated. Mr. Lamb explained that these changes are primarily set forth by state law because there are very specific requirements that have to be met in the code language. The language specifically states that these fees are only for the Barker Corridor based on the traffic studies completed. He explained the highlights regarding the new SVMC Chapter 22.100 including the assessment procedure, the deferral process, exemptions. credits, appeals and refunds. Mr. Helbig presented the proposed rates. The proposed rate for South Barker is $1,272 per PM peak trip. The adopted SEPA mitigation fee for the Northeast Industrial Area is $2,831 per PM peak trip so this new impact fee is substantially lower than other adopted fees. He also showed a comparison of the proposed rates to other municipalities adopted fees. 7 10-22-2020 Planning Commission Minutes Page 8 of 8 Mr. Lamb stated that there will be a public hearing on this agenda item at a special meeting of the Planning Commission on November 5, 2020 and a Findings of Fact will presented at November 12, 2020. The findings will then be forwarded to the City Council on November 24, 2020. X. GOOD OF THE ORDER: None was offered. XI. ADJOURNMENT: Commissioner Kaschmitter moved to adjourn the meeting at 8.55 p.m. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. James Johnson, Chair Deanna Horton, Secretary //filZO Z,D Date signed 8 Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall November 12, 2020 I. Chairman Johnson called the special meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Administrative Assistant Taylor Dillard took roll and the following members and staff were present: Fred Beaulac Karl Granrath Walt Haneke James Johnson Danielle Kaschmitter Bob McKinley Sherri Robinson Erik Lamb, Deputy City Attorney Jenny Nickerson, Building Official Bill Helbig, City Engineer Taylor Dillard, Administrative Assistant Marianne Lemons, Office Assistant IV. AGENDA: Commissioner Kaschmitter moved to approve the November 12, 2020 meeting agenda as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. V. MINUTES: Staff noted a correction on page 4, paragraph 3, sentence 4 of the minutes. The number of trips was corrected from 30 trips to 20 trips. Commissioner Kaschmitter moved to approve the November 5, 2020 minutes as corrected by staff. There was no additional discussion. The vote on the motion was seven in favor, zero against and the motion passed. VI. COMMISSION REPORTS: There were no commission reports. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Findings Of Fact: STV-2020-0002: A privately initiated street vacation for a portion of East Montgomery Avenue & Bessie Road. Planner Connor Lange reminded the Planning Commission the findings support the decision to recommend approval to the City Council of STV-2020-0002 based on the deliberations that were held on October 22, 2020. 1 11-12-2020 Planning Commission Minutes Page 2 of 2 Commissioner Kaschmitter moved to approve the Findings of Fact for STV-2020-0002 as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. b. Findings Of Fact: CTA-2020-0005 — Impact Fees For The South Barker Road Corridor Deputy City Attorney Erik Lamb reminded the Planning Commission that findings support the decision to recommend approval of CTA-2020-0005 regarding impact fees for the South Barker Road Corridor to the City Council. Commissioner Kaschmitter made a motion to approve the Findings of Fact for CTA- 2020-0005. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. X. GOOD OF THE ORDER: Commission Kaschmitter stated that her Planning Commission term is up at the end of 2020 so her last meeting will be in December. Chairman Johnson stated that he will be resigning his position on the Planning Commission at the end of 2020 so his last meeting will also be in December. They both thanked the Planning Commission members, the staff, and the community for allowing them to serve. Commissioner Haneke commented that his term will be up in December but he would like to request reappointment for another term XI. ADJOURNMENT: Commissioner Kaschmitter moved to adjourn the meeting at 6:21 p. m. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. es Johnson, Chair Deanna Horton, Secretary /Z/3®�zezv Date signed 2 COMMUNITY AND PUBLIC WORKS Spakar�e Valley BUILDING & PLANNING STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION FILE: STV-2020-0002 STAFF REPORT DATE: October 15, 2020 FILE NO: STV-2020-0002 PROPOSAL DESCRIPTION: Request to vacate 470 feet of Montgomery Avenue and 195 feet of Bessie Road. STAFF PLANNER: Connor Lange, Planner, Community & Public Works APPLICANT: Todd Whipple, Whipple Consulting Engineers, 21 S Pines Rd, Spokane Valley, WA 99206 PROPERTY OWNER: Diamond Rock Financial LLC/TCF Properties, 320 S Sullivan Road, Spokane Valley, WA, 99037 PROPOSAL LOCATION: The portion of right-of-way proposed to be vacated is located between Vista Road (west) and Sargent Road (east) and adjacent to nine parcels (45074.0223, 45074.0222, 45074.0221, 45074.0220, 45074.0219, 45071.9089, 45077.0002, 45074.9084 and 45074.2309) further located in the east half of Section 08, Township 25 North, Range 44 East, Willamette Meridian, Spokane Valley, Washington. BACKGROUND: The City received an application on August 7, 2020 from Diamond Rock Financial LLC/TCF Properties, the owner of one of the adjacent properties (45074.0223). The application is requesting a street vacation of 470 feet of Montgomery Avenue and 195 feet of Bessie Road. The total area to be vacated for Montgomery Avenue is approximately 18,885 square feet and the total area to be vacated for Bessie Road is approximately 4,631 square feet. The undeveloped right-of-way widths range between 25-feet to 60-feet wide. The property owner is making the request for the following reasons: 1. The proposed vacation is currently undeveloped (dedicated in 1955) and provides no public access at this time, having no potential for connection to the north with the Burlington Northern Santa Fe rail line directly to the north. 2. Both Bessie Road and a portion of Montgomery Road are not full right-of-way widths and therefore would be substandard for today's use. These right-of-ways are difficult to maintain due to being unimproved. 3. The vacation will allow maximum use of abutting properties for infill development. Staff Report and Recommendation STV-2020-0002 Page 1 of 11 October 15, 2020 The 25 feet of right-of-way for Bessie Road and 30-60 feet of right-of-way for Montgomery were dedicated as part of the recording for Vista Gardens No. 4 Plat on August 5th, 1955. Neither section of roadway has ever been improved, with the exception of a curb return and drywell along Mansfield Avenue. The right-of-way described does not contain any utilities that would need to be relocated as part of the vacation process. However, Spokane Valley Public Works is requiring the existing curb return be removed and replaced with new Type 'A' curbing along Mansfield Avenue per Standard Plan R-102. The existing drywell is also required to be removed and replaced with a Type 'A' drywell approximately 7-feet to the south at the new curb line along Mansfield per Standard Plan S-102. These requirements have been made conditions of approval. The vacation of Montgomery Avenue would leave parcels 45074.0222, 45074.0221 and 45074.0220 (owned by Montgomery Apartments LLC) without street frontage or access. There is common ownership with parcel 45074.0219 the eastern most parcel and all four parcels are zoned Multi -family residential. Therefore, either an access easement or boundary line adjustment application is necessary to aggregate those lots with parcel 45074.0219 prior to recording the street vacation. This requirement has been made a condition of approval. The vacation of Bessie Road would leave parcel 45074.9084 (owned by Kenneth Ward) without street frontage or access. Kenneth Ward also owns the property immediately to the south parcel 45074.2309. Therefore, either an access easement or boundary line adjustment application is necessary to aggregate the lot prior to recording the street vacation. This requirement has been made a condition of approval. APPROVAL CRITERIA: 1. SVMC — Title 20 (Subdivision Regulations) 2. SVMC — Title 21 (Environmental Controls) 3. SVMC — Title 22 (Street Vacations) 4. City of Spokane Valley Street Standards ATTACHMENTS: Exhibit 1: Vicinity Map Exhibit 2: Application Material Exhibit 3: Notice of Public Hearing Exhibit 4: Agency Comments I. PROPERTY INFORMATION Size and Characteristics The unimproved right of way area is approximately 18,885 of proposed vacation: square feet for Montgomery Avenue and 4,631 square feet for Bessie Road. The entirety of the subject right-of-way is unimproved and covered in grass and weeds. With the exception of the curb return and drywell at the intersection of Bessie Road and Montgomery Avenue. Adjacent Single Family Residential (SFR) and Multifamily Residential Comprehensive Plan (MFR) Staff Report and Recommendation STV-2020-0002 October 15, 2020 Page 2 of 11 Designation: Adjacent Zoning: Single -Family Residential (R-3) and Multi -family Residential (MFR) Adjacent Land Use(s): Parcel 45074.0222, 45074.0221, 45074.0220, 45074.0219 and 45074.9084 are all vacant. Parcel 45074.2309 is developed with a duplex, 45074.0223 has a single-family residence, 45071.9089 is additional paved parking and a drainage swale and 45077.0002 includes the railroad yard. II. STAFF ANALYSIS OF STREET VACATION PROPOSAL A. COMPLIANCE WITH SPOKANE VALLEY MUNICIPAL CODE (SVMC) TITLE 22.140.030 Findings: 1. Whether a change of use or vacation of the street or alley will better serve the public? The area proposed to be vacated is unimproved with the exceptions noted, and no utilities are located within the right-of-way. The right-of-way is overgrown with weeds and hasn't been maintained by the City in the past. The street vacation would eliminate the unmaintained right-of-way and allow that area to be improved and maintained by the adjacent properties through infill development. Infill development on these parcels will enhance the City's tax base and remove undeveloped right-of-way from the City's maintenance division. 2. Whether the street or alley is no longer required for public use or public access? The subject right-of-way is unimproved and not being utilized for public access. There are no means of future connection that would enhance public access because much of the right- of-way is substandard to the City's current standards. City staff determined that the existing street network provides sufficient level of service and the right-of-way is not anticipated to be needed in the future. 3. Whether the substitution of a new and different public way would be more useful to the public? Public access is not needed in this area because no properties currently utilize the right-of- way for access and the aggregation of the properties would alleviate the need for an access road. The infill development that occurs will either provide access on -site via private streets or from the currently developed right-of-way via private driveways. There is no need for a new and different public way. However, as discussed in the background section an access easement or boundary line adjustment application will be needed for parcels 45074.9084, 45074.0222, 45074.0221 and 45074.0220 due to their only access being from the undeveloped portions of Bessie Road and Montgomery Avenue. However, there is common ownership among those parcels which makes a BLA or access easement feasible. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? Staff Report and Recommendation STV-2020-0002 Page 3 of 11 October 15, 2020 Based on the comprehensive plan it is not anticipated that changes will occur in the future that would require the use of the Bessie Road and Montgomery Avenue right-of-way for public access. 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? The adjacent property owners who signed the application include Kenneth Ward (45074.2309; 45074.9084), Montgomery Apartments LLC (45074.0219; 45074.0220; 45074.0221; 45074.0222) & Argonne/Montgomery Storage LLC (45071.9089). The only adjacent land owner who did not sign the application was the Burlington Northern Santa Fe Railway who received the application materials and provided no objection to the proposal. An email was received on October 7, 2020 from a neighboring property owner Sheri Lang (2321 N Sargent Road; 45074.0246) who indicated an intent to submit formal public comments in objection to the street vacation but no comments have been submitted to date. Conclusions: The findings confirm criteria set forth in SVMC 22.140.030 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(2)(i) and SVMC 21.20.040 from environmental review under the provisions of the State Environmental Policy Act (SEPA). III. PUBLIC COMMENTS Findings: No public comments have been received following the notice of public hearing issued, mailed and posted on October 2, 2020. A Notice of Public Hearing sign was posted on the property October 2, 2020 in two separate locations and public hearing notices were mailed to all owners adjacent to the parcels abutting the right-of-ways being vacated. Notices were posted in the Spokane Valley Public Library, City of Spokane Valley main reception area and CenterPlace Event Center on October 20, 2020. Lastly, the notice was published in the Spokane Valley Herald on October 2, 2020 and October 9, 2020. Conclusion(s): Staff concludes that adequate public noticing was conducted for STV-2020-0002 in accordance with adopted public noticing procedures. IV. AGENCY COMMENTS Notice was provided to agencies and service providers on September 28, 2020. Comments were received from the following agencies and are attached as exhibits to this staff report. Where Staff Report and Recommendation STV-2020-0002 Page 4 of 11 October 15, 2020 necessary, comments have been incorporated into the recommended conditions of approval in Section V. Agency Received Comments Comments Dated City of Spokane Valley Public Works Yes 10-2-20 Spokane Valley Fire DistrictNo.1 Yes 10-12-20 Spokane County Environmental Services Yes 6-8-20 (w/ application) Spokane Regional Health District No Avista Utilities Yes 10-1-20 Spokane Transit Authority No City of Spokane Valley Police Department No Century Link Yes 6-19-20 (w/ application) Comcast Yes 6-8-20 (w/ application) Spokane County Water District #3 Yes 6-16-20 (w/ application) WA Archaeology and Historic Preservation No WA Department of Transportation No Yellowstone Pipe Line Company Yes 10-13-20 Burlington Northern Santa Fe Railway Yes 10-15-20 Findings: Notice of application was routed to jurisdictional agencies, utilities, and public districts for review and comment. As discussed in the Background section Spokane Valley Public Works is requiring the curb return be removed and replaced to run along Mansfield Avenue and remove and replace the existing drywell. Access easements or boundary line adjustments to aggregate several lots are necessary to ensure access is maintained after the vacation of Bessie and Montgomery. These requirements have been made conditions of approval. No other substantive agency comments have been received to date. Conclusion(s): Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns regarding the proposed street vacation for Montgomery Avenue and Bessie Road so long as conditions are met. V. OVERALL CONCLUSIONS AND FINDINGS Staff concludes that STV-2020-0002 as proposed is generally consistent, or will be made consistent, through the recommended conditions of approval based on the approval criteria stated herein. RECOMMENDATION: Staff Report and Recommendation STV-2020-0002 Page 5 of 11 October 15, 2020 Approve the request to vacate 470 feet of Montgomery Avenue and vacate 195 feet of Bessie Road subject to the following: 1. Initial work to satisfy conditions of the street vacation (File No. STV-2020-0002), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred into the abutting parcels (45074.2309; 45074.9084; 45074.0219; 45074.0220; 45074.0221; 45074.0222; 45071.9089) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 9. 3. A Boundary Line Adjustment (BLA) application to consolidate the parcels is required to be submitted and approved prior to recording the record of survey for the street vacation for parcels 45074.0219; 45074.0220; 45074.0221 and 45074.0222 and parcels 45074.9084 and 45074.2309 to ensure access is maintained. The BLA can be accommodated with the record of survey for the street vacation. 4. Prior to recording the street vacation of Bessie Road and Montgomery Avenue the following Development Engineering requirements shall be satisfied: a. The existing curb return at the northeast corner of Bessie Road and Mansfield Avenue shall be removed and Type 'A' curb shall be installed along Mansfield Avenue across the vacated portion of Bessie Road per Standard Plan R-102. b. The existing drywell at the northeast corner of Bessie Road and Mansfield Avenue shall be removed and replaced with a new Type 'A' drywell approximately 7' to the south at the new curb line along Mansfield Avenue per Std. Plan S-102. A Type 1 (bypass) metal grate shall be installed with the drywell per Std. Plan S-121. c. Construction within the public right-of-way shall be performed under the direct supervision of a licensed Washington State Professional Engineer and in accordance to the Spokane Valley Street Standards. All work is subject to inspection by the City of Spokane Valley Development Engineering Construction Inspector. d. Upon completion of the improvements, a Construction Certification package per SVSS Chapter 9 shall be submitted and approved prior to recording of the Street Vacation Ordinance. e. A Warrant Surety shall be provided for the public improvements per SVSS Chapter 9. 5. 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, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the City Manager, or designee, for review. 6. The surveyor shall locate a monument at the intersection of the centerline of the vacated right - Staff Report and Recommendation STV-2020-0002 Page 6 of 11 October 15, 2020 of -way with each street or right-of-way in accordance with the standards established by the SVSS. 7. 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 shall be paid by the proponent. The City shall not and does not assume any financial responsibility for any direct or indirect costs for the transfer of title. 8. The zoning district designation of the properties adjoining the street 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 districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 9. 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. 10. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Staff Report and Recommendation STV-2020-0002 Page 7 of 11 October 15, 2020 EXHIBIT 1 Staff Report and Recommendation STV-2020-0002 Page 8 of 11 October 15, 2020 150 300 Feet Vicinity Map STV 2020-0002 Spokane Valley, WA Mansfield Ave ad, D o . cot o- ea'- y/G, '{ P - o o. Arm, mu emEgarpt,Agtuttmwee, e_ o Rim- 00K a ltemG Velar Na Diu e*fn*i* EXHIBIT 2 Staff Report and Recommendation STV-2020-0002 Page 9 of 11 October 15, 2020 S+��,,, STREET VACATION APPLICATION pokane SVMC 22.140 ,_. Valley Phone: (509) 720-5240 Project # . / - 07-`2) "o)O2 RECEIVED 10210 E Sprague Avenue 1 Spokane Valley WA 99206 Fax: (509) 720-JG 10p7n2tter(a spokane+ alley -ors STAFF USE ONLY CSV PERMIT CENTER Date Submitted: Received by: PLUS #: File #: RI I R fee: RFV PART I - REQUIRED MATERIAL *"THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED`" ■ Completed Appli -tion Form Application Fee O ' a + i • Written Correspondence from Utility Purveyors telephone able `'ectric Other (Specify )_ -Water District moire District -6`as Utility 4.--Sewer Utility • Vicinity Map — Submit a map showing the general area of the proposed vacation @-Record of Survey, if available, for the subject street and/or alley proposed for vacation, and abutting proper s, streets and alleys within 100 feet on all sides of the proposed vacation. 4,0414)44.S. 4444 ' ritten Evidence of all easements, allowances or reservations, if available, pertaining to the street and/or alley proposed for vacation. PART II - APPLICATION INFORMATION APPLICANT NAME: Whipple Consulting Engineers MAILING ADDRESS: 21 S. Pines Rd CITY: Spokane Valley STATE: WA ZIP: 99206 PHONE: (509) 893-2617 FAX: (509) 926-0227 CELL: EMAIL: toddw@whipplece.com PROPERTY OWNER No. 1: Diamond Rock Financial LLC/TCF Properties MAILING ADDRESS: 320 S Sullivan Road CITY: Spokane Valley STATE: WA ZIP: 99037 PHONE: 509.924-8964 FAX: CELL: EMAIL: crapodennis@gmail.com If more than two (2) abutting property owners, include information and written authorization on a separate sheet of paper for each. 2659 Bessie and Montgomery Street Vacation NAME OF STREETIALLEY TO BE VACATED: N Bessie Road and E Montgomery DIMENSIONS OF STREET/ALLEY TO BE VACATED: 25' ROW on Bessie and 30.-60' ROW on Montgomery SQUARE FEET OF STREETIALLEY TO BE VACATED: 0.54 acres ABUTTING TAX PARCEL No(s).: 45074.0219, 45074.0220, 45074.0221, 45077.0002. 45074.9084 45074.0222, 45074.0223, 45074.2309, ADDRESSES OF ABUTTING PARCELS: 8419, 8507 E Mansfield Ave. ZONING DESIGNATION: R3 THE FOLLOWING IS CRITERIA EVALUATED BY THE PLANNING COMMISSION IN FORMULATING A RECOMMENDATION TO THE CITY COUNCIL. ON A SEPARATE SHEET OF PAPER THE FOLLOWING QUESTIONS SHALL BE ANSWERED IN A DETAILED MANNER; 1. HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC? 2. IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC ACCESS? EXPLAIN. 3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC? EXPLAIN. 4. How WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAIN, 5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES. (SPECIFY)? 6. DOES THE RIGHT-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES (SPECIFY)? PLEASE NOTE: PER RCW 35.79.040 (TITLE TO VACATED STREET/ALLEY), THE PROPERTY WITHIN A PUBLIC STREET OR ALLEY VACATED BY THE CITY COUNCIL SHALL BELONG TO THE ABUTTING PROPERTY OWNERS, ONE-HALF (1 /2) TO EACH. THEREFORE, PROPERTY OWNER SHALL BE REQUIRED TO SIGN THE STREET VACATION APPLICATION. PER RESOLUTION 07-009 OF THE CITY OFSPOKANE VALLEY, THE CITY COUNCIL HAS THE AUTHORITY TO IMPOSE CHARGES FOR STREET/ALLEY VACATION PURSUANT TO RCW 36.79.030 PL-15 V 1.0 Page 3 of 2659 Bessie and Montgomery Street Vacation PART III — AUTHORIZATION (Signature of owner or authorized representative) I, Susan M. Moss , (print name) swear or affirm that the above responses are made truthfully and to the best of my knowledge. (Signature) STATE OF WASHINGTON) COUNTY OF SPOKANE ss: } SUBSCRIBED AND SWORN to before me this NOTARY SEAL NOTARY i&Ii day of 0 Notary Public in and for the State of Washington Residing at: (Date) 6, A /1/ e, �1,een 36 47es //t/fJ- My appointmentexpires: /aZ 2a2 LEGAL OWNER NO. 1 AUTHORIZATION: If the applicant is not the legal ownef(s), the owner must provide the following acknowledgement; 1, , owner of lot 7, block 1 of Vista Gardens No 4 final Plat do hereby authorize WHIPPLE CONSULTING ENGINEERS to represent me and my interests in all matters regarding this street vacation application. PL-15 V1.0 Page 4 of 2659 Bessie and Montgomery Street Vacation PART III - AUTHORIZATION NOTARY STATE OF WASHINGTON) COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this dV day of NOTARY SEAL CASEY G CUSHMAN Notary Public State of Washington My Appointment Expires Oct 7, 2020 , 2O NOTARY SIGNATURE Notary Public in and for the State of Washington Residing at: Sp oko.mac My appointmentexpires: l0/7/�.0.1,cw LEGAL OWNER NO. 2 AUTHORIZATION: If the applicant is not the legal owner(s), the owner m t provide the following acknowledgement; I, A _owner of Argonne/Montgomery Storage, LLC do hereby authorize WHIPPLE CONSULTING ENGINEERS to represent me and my interests In all matters regarding this Street Vacation application. PROPERTY OWNER No. 2: Argonne/Montgomery Storage, LLC MAILING ADDRESS: 8915 E Montgomery STE B CITY: Spokane STATE: WA ZIP: 99212 PHONE: 5 CI --t C j 1 FAX: CELL: EMAIL: C` e.. ^1,,, •% I 2659 Bessie and Montgomery Street Vacation PART III - AUTHORIZATION NOTARY STATE OFWASHINGTON) COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this day of 202,0 NOTARY§§ AL ``.00 1 p`P.AD E o� I " ®tic •Notary Public in and for the State of Washington 41 ` • y ev• NOS : 4,0 �1101C° Z • c • o - Residing at: O�' • • • • • ems" //el �STATE 'O��`,0N 401 AR SIGNATURE CCT My appointment expires: O V-ZA LEGAL OWNER NO. 3 AUTHORIZATION: If the applicant is not the legal owner(s), the owner must provide the following acknowledgement; Cr1 4.01,4044eMeeR 0 I, VAG444,141 L ,tt C_ , owner of lots 3-6, block 1 of Vista Gardens No 4 Final Plat do hereby authorize WHIPPLE CONSULTING ENGINEERS to represent me and my interests in all matters rrding this street vacation application. / PROPERTY OWNER No, 3: Montgomery Apartments, LLC MAILING ADDRESS: PO BOX 19351 CITY: SPOKANE STATE: WA ZIP: 99219 PHONE: FAX: CELL:953-9999 GARY@SCHIMMELSCONSTRUCTION.COMP EMAIL: 2659 Bessie and Montgomery Street Vacation PART III -- AUTHORIZATION NOTARY STATE OF WASHINGTON) COUNTY OF SPOKANE } SUBSCRI BED AND SWORN to before me this day of 3e er� , 2020 ftlO RY SIGNATURE Notary Public in and -far the State of Washington Residing at: p400, Cu,rri-il My appointment expires: It/ .z,00 LEGAL OWNER NO. 3 AUTHORIZATION: If the applicant is not the legal awner(s), the owner must provide the following acknowledgement; I, Kenneth L Ward , owner of 8419 E Mansfield Ct. do hereby authorize WHIPPLE CONSULTING ENGINEERS to represent me and my interests in all matters regarding this street vacatign application. PROPERTY OWNER No. 4: Kenneth L Ward MAILING ADDRESS: / z. 2 0 », c� rf « 5't i CITY: STATE: WA Zip: 9' T/ C 3 PHONE: FAX: CELL: EMAIL: ! 1 June 18, 2020 W.O No. 2020-2659 Whipple Consulting Engineers, Inc. City of Spokane Valley, City Council 10210 E. Sprague Ave. Spokane Valley, WA 99206 RE: Street Vacation of Bessie Rd and Montgomery Ave. Dear City Council, This letter will serve as the criteria evaluation by the Planning Commission for the Street Vacation of Bessie Rd and Mansfield Ave., per the City of Spokane Valley Street Vacation Application questions. Our discussion of the vacation can be seen below in bold. This streets being vacated are Bessie Road from Mansfield to Montgomery and Montgomery from Bessie Road to the east side of lot 3, block 1 of Vista Gardens No. 4 final plat. Properties adjacent to the vacations are parcel numbers 45074.0223, 45074.0219-4.0222, 45077.0002 and 45071.9089. This street vacation will provide the highest and best use for the properties in Vista Gardens No. 4 block 1. This vacation of approx. 0.54 acres will aid in the design of adjacent lots bringing unused ROW into real property and increase City tax base. See the roadway vacation exhibit for more details. 1. How does a change ofuse or vacation of the street/alley improve service to the public? These ROW's are undeveloped surplus land in the City, full of weedy and unkept land of no beneficial use. This ROW diminishes the adjacent properties enjoyment and value through the lack of maintenance. By allowing the vacation the City will reduce their service area of 0.54 acres of untended and weedy ROW for maintenance of streets, utilities and drainage benefitting the public and supplementing the City budget and limiting liability. 2. Is the street or alley no longer required for public use or public access? Explain. Upon vacation and development the subject street vacation is proposed because there will be no need for public access, utilities or drainage facilities for the adjacent lots. No lot will be land locked by this and will provide the highest and best use for said lots. 21 South Pines Rd. • Spokane Valley, WA 99206 PO Box 1 566 • Veradale, WA 99037 Phone 509-893-2617 • Fax 509-926-0227 • WhippleCE.com • info@WhippleCE.com Civil, Structural, Traffic, Survey, Landscape Architecture and Entitlements 3. Would substitution of a new and/or different public right-of-way better serve the public? Explain, NO, the ROW being vacated is not in a location where another dedicatory process would be appropriate to serve the travelling public. 4. How will use or need for this right-of-way be affected by future conditions? Explain. Urban development in these lots is best satisfied with the vacation of the ROW and therefore no affect would be possible. 5. Will easements be retained for all underground and overhead utilities? The requested vacation is located in the service area of what utility companies. (specify)? At this time no facilities have been installed, therefore no easements are anticipated. 6. Does the right-of-way include stormwater drainage facilities (specify)? No, as an unimproved ROW none were ever constructed. Should you have any further questions regarding the project or this narrative, please call our office at (509)893-2617. Sincerely, us n M Moss, A.S.L.A. Whipple Consulting Engineers 4WC E Whipple Consulting Engineers, Inc. June 19, 2020 W.O. No. 2019-2659 City of Spokane Valley Planning Department 10210 E Sprague Avenue Spokane Valley, WA 99206 Re: Bessie Rd and Montgomery Ave. Street Vacation Narrative Dear Connor, This letter is intended to serve as the project development narrative The project proposes to vacate the right of way on Bessie Rd north from Mansfield Ave to Montgomery Ave. and Montgomery Ave. east from Bessie Rd to the east side of Lot 3, Block 1 of Vista Gardens No 4 Final Plat, approximately 0.54 acres. The adjacent lots are lots 3-7 of Vista Gardens no.4 Block 1 Plat, lot 1 of SP 91-733 Argonne/Montgomery Storage, LLC, and Burlington Northern Santa Fe Railway parcel 45077.0002. The subject property is located in a portion of NW % Section 7, T 25 N., R 44 E., W.M. Burlington Northern Santa Fe Railway has declined to accept the Right of Way which would typically go to BNSF, see the attached email. Also see the Street Vacation exhibit 1 for more information, Sewer System Spokane County environmental services has no sewer lines or services located in this street vacation. Water System Spokane County Water District #3 has no water lines or services located in this street vacation. Power and Dry Utilities a� ista, CenturyLink, and Comcast have no lines or services located in this street vacation. Stormwater There are no stormwater facilities located in this street vacation. If you have any questions or comments in regard to this letter please feel free to contact us at (509) 893- 2617. Sincerely, Susan M. Moss, PLA, ASLA 21 South Pines Rd. • Spokane Valley, WA 99206 ' PO Box 1566 • Veradale, WA 99037 Phone 509-893-2617 • Fax 509-926-0227 • WhippleCE.com • Info@WhippleCE.com Civil, Structural, Traffic, Survey, Landscape Architecture and Entitlements 30' ROW 9 5 8 SP 83-247 216' w 45074.0239 O 4- 25' ROW — w w Qa 45077.0002 439' 26' 290' 45074.0223 160' 7 41' 45074.0222 6 8 64' SP 91-733 45071.9089 60' ROW MONTGOMERY AVENUE 167' 45074.0221 45074.0221 45074.0219 5 4 3 9 10 45074.0246 2 11 12 VISTA GARDENS NO. 4 BLOCK 1 13 22' 4 50' ROW 25' GAS EASEMENT $ MANSFIELD AVENUE SARGENT ROAD PER SYLVIA COURT ADDTION W N S E EXHIBIT 1 PROJ #: 2D-2659 DATE: 07/3D/20 DRAWN: EJW APPROVED: DAC SCALE: 1 °= 1 DD' STREET VACATION EXHIBIT BESSIE & MONTGOMERY SPOKANE VALLEY, WASHINGTON 4WC E WHIPPLE CONSULTING ENGINEERS CIVIL AND TRANSPORTATION ENGINEERING 12528 NORTH SULLIVAN ROAD SPOKANE VALLEY, WASHINGTON 99216 PH: 509-893-2617 FAX: 509-926-0227 DEDICATION KNOW ALL MEN BY THESE PRESENTS that James H. Warehouse and Alpha N Warehouse have laid off and platted into lots and streets the /and shown upon this map to be known as "VISTA GARDENS No. 4', a subdivision of the NE% of the NW' of the SEt/4 of Section 7, T. 25 N. R 44 E. W.M, except the right of way of the Northern Pacific Rai/Way Company and except a parcel of /and 15 feet in width across part of the said NE'/e of NW% of 5Efk of Section 7 adjacent to the said railway right of way on the south: and they do hereby dedicate fo the public for the use of the public the streets shown upon this map. A// lots shall be residential. No structure shall be erected, altered, placed or permitted to remain on any portion of this tract other than a single or a multiple family dwef/ng, private garage and other out -buildings which may be incidental fa the residential use of the land. No dwelling having > floor pace of /es, than BOO square feet exclusive of porches and oaraoes shall be per- mitted upon any lot, Al/bu/dings /n this subdivision must be of new construction. No lots in this subdivision will be sold until after domestic water is made available to said lots or lot. The foregoing covenants and /imi/atrons of use are made for the protection of each of the lit owners in Sa.NW/STA 04POENS No.4.• Should any one or more than one of these covenants or /initaliens of use be breached by any browner or other person, then any one omore than one of the other of lots or property rn maid -Y/STA SAROENS No.4' may enforce the said covenants and fim/fattons of use in any manner provided by /aw for his awn benefit or far the benefit of any or all other owners of lots or property m the subdivision. Executed at- Sr -hdams Washington, this—M day of �... ACKNOWLEDGMENT /955. STATE OF WSpOKAASHINGTONI COUNTY O£ NE ) SIB On th/s_,L` day of In,.. ,/955 before me personally appeared ✓amen H. Warehouse and Alpha HWarehouse, fa ow Known fo be the identical persons who executed the within and loregning /nsfrumen/ and acknowledged the same to be their free and voluntary act and deed for the uses and purposes herein mentioned. 1N WITNESS WHEREOF, / have hereunto set my hand and affixed my official seal the day and year first above written. My commission expires / / 'r' : /"/./..e Notbry Pub/id=7n and for the Male of Washington residiry at Washington. ENGINEER'S CERTIFICATE /, a/arence E.Simpson, a licensed Civil Engineer and Lard Surveyor, hereby certify that Mrs plat represents a true end correct copy of the official records and survey made by me and /hat the lot corners and monument, have been let. • % hereby certify Mal the required taxes on Me herein p/a//ed land have been paid. Date 6717'a1- 5a /955 goo R. - a.ra.a- ey '111 ' iKk-teti Spokane County Treasurer Deputy Examined -end Approved. Dale ADS. + /955 _Spokane County" Engineer / E am/pad and Approved: Aar • - P Y� Gate A,/955 abn[/Counly pinning Commissro By 7"2.- t',rammed and Approved: r/ ,',...../.''?, // .fm Dale Au4Naty /955 Spak a County Commissioners By Chairman 6 RL PRY 11/11/ 8 13701 MANSF/ELD 7 6 1.MONTGOMERY-- 5 9 4 ID 3 765. 2 165. 12 1651 AVE. 13 25 IL� mR.xW 1/4.6E 1/4.ee6 T 0' A—r_ -f-{—It�D`/ a Q 5 765. 4 7551 3 ,6511 2 ID 0551 12 13 14 763 15 7155. 16 Oc h 5 so 4 1 E. rouno a/h}IK 5 lax 4,i MAD Yr PIPE 01_00114 —KNOX— LATITUDES AND DEPARTURES LEGEND Course Distance North South East Weal 585" 05'W 664.45 10.63 - 664.36 5 0'O6'E 657.20 657.20 1.15 - 518209'E 663.25 9.04 - 663.18 - NORTH 651.85 651 A5 - - TOTALS 2642.15 66763 667.83 66433 66436 DIFFERENCE .14 .03 25 .0 .5 AVE,— — — II WEST VALLEY 11 A063171ON No.2 FINAL PLAT eV coil ,4 SE 114 VISTA GARDENS M0 4 SET I/ex30" REINF. Roo ®SET MONUMENT PIPE ® FOUND A SUBDIVISION IN THE NE 1/4 OF THE NW 1/4 M UMEXT AS SHOWN --- SUBDIVISION BOUNDARY OF THE SE 1/4 OF SEC. 7, T.25 N. R 44 E.aW.M. —•-- WATER MAINS MITES A SNOWNI SUBURBAN PDxANE ER c0 ,�1,p c'S SPOHANE COUNTY, WASHINGTON SCALE I"• 5O' JULY 1955 CLARENCE E. SIMP90N PROFESSIONAL ENGINEER DEDICATION KNOW ALL MEN BY THESE PRESENTS, that F. V. Seipp and Sylvia L. Seipp, husband and wife, have caused to be platted into Tracts the land shown hereon as Short Plat 083-247 and described as follows: Lot 1 of SYLVIA COURT ADDITION, as per plat thereof recorded in Volume 14 of Plats, page 38; Situate in the County of Spokane, State of Washington. No more than one dwelling structure shall be placed o any one lot, nor shall any lot be further subdivided for the purposesof eatingadditional lots or building sites without filing a replat. Individual driveway access pernite are required prior to issuance of a building permit for driveway approaches to the County road System. Subject to specific application approval and issuance of permits by the Health officer, each lot is authorised the use of an individual onsite swage system. The public water system as approved by County and State health authorities and the localfire district and purveyor will be installed within this plat, and the subdivider w111 provide for individual domestic water service as well as fire protection to each lot prior to sale of eachlot. se of private wells and water systems :. prohibited. The duplex • ruclure for Tract A shall nbl be located closer tlgn 58.70 feet from the front lot Ilna. CURVE A• w 27 e00'0O" R 208. 26 Tn 50.00 L= 98./4 'Sea rare.. L a R. ijd Of R., 0 Fad l'<eaa. 3895400Yi a:9f33'Zf .wx /B 62L20. a 75..00 Fewa/Fi<eAw / ,p.23t:ara _ f 40+ COURT SB9°54 l SfIE A.. l sv.e W.* ,\ 'T 25 O to C74 IS IS The Owner(.) or Succeseor(e) in interest agree to authorise the County to place their name(s) on a petition for the formation of a ULID by petition method pursuant to ROW 36.94 which the petition includes the Owner(s) property and further not to object by the signing of a protest petition against the formation of ULID by resolution method pursuant to RCW Chapter 36.94 which includes the Owner(s) property. PROVIDED, this condition shall not prohibit the Owner(s) or Successor(s) from objection to any assesement(s) on the property a a result of improvements called forin conjunction with theformation of a ULIM by either petition or resolution method under ROW Chapter 36.94. Each w dwelling unit shall be double plumbed for connection to future area -wide collection systems. IN WITNESS WHERE OF we have hereunto set our hand and affixed our seal this// Q0A day of 1JAa%Uv91QY 1984. 4 v.sl F. V. Seipp la L. Seipp SCALE I" • 50' 4.5 Five/ % "AV. LEGEND Scale 1' • 50' o Set 1/2• Reber Plastic Cap 0706 • s Found, as oted, The bearing of 5 00.06'00• E for Bessie Road s per Sylvia Court Addition w used as the basis of bearing for this plat.¢ SURVEYOR 'S CERTIFICATE my is directtion correctly confe confors a mance survey mad thesumW at the request inrof F. V. Seipp. under Act Charles E. Si'psgh �. Iq•?�.: eFO� . ACKNOWLEDGEMENT STATE OF MA58INGTON)55 COUNTY OF SPOKANE) On this 9±1 dey of January1984, before me personally appeared F. V. Seipp a Ly.1ram�i'imi,, husband and -sife; as the individuals who executed the within and foregoing instrument and acknowledged the same to be their free and voluntary act and deed for the uses and purpose herein mentioned. IM WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year first above written. My commission expires 831/8E , Notary Public in nd for the State of Washington,residing at Spokon, , Washington COUNTY DITOR 03 e./7 Siedit? lL.�r1 / 3 SeVA N4R 23 2 30'Vk 55GKA0-trCrlul:.': Outnf rrY. HASH. COUNTY ENGINEER EXAMINED AND APPROVED THIS 21'•DAY OF Male,+ 1984 SPOKA COUNTY ENGINFE R COUNTY HEALTH OFFICEREXAM,NED ANO APPROVED THI._AIDAY OF_f .)98f :5 Ca SPOKANE %OUN H LTH OFFICER COUNTY TREASURER I HEREBY CERTIFY THAT THE REQUIRED TAXES ON THE HEREON PLATTEDjAHAVF BBE�JV`FULLY ' PAID THI AA Y O ICY I SP K E C�TR R E aTY COUNTY PLANNING THIS736DAy ND APP�R O-VD 1 st4 S O T PLAT ADMINISTRATOR COUNTY ASSESSOR EXAMINED AND APPROVED THIS a_ DAY OF MRCK , l984 SPOK4NE COUNTY ASSESSOR DEPUTY —COUNTY UTILITIES DI RECTOREXAMINED AND APPROLEC THIS i21"+DAY OF 41.-rvak , /98'L SPOKANE COUNTY 'i(TI !TIES DIRECTOR CLARENCE E. SIMPSON ENGINEERS N. 909 ARGONNE ROAD SPOKANE, WASHINGTON SPOKANE COUNTY SHORT PLAT 83- 247 SEC. 7 ,T 25 N,R.44 E.W.M. 34' Johanna Herzog From: Byus, Dave <Dave.Byus@avistacorp.com> Sent: Friday, June 12, 2020 12:32 PM To: Johanna Herzog Subject: RE: [External] 2659 Bessie and Montgomery Street Vacation Johanna, I don't think we have any issues with the proposed street vacation but I am waiting for a reply back from our Transmission Engineering department. I sent them another email a couple of minutes ago so hopefully I can get back to you shortly. Thanks Dave From: Johanna Herzog [mailto:jherzog@whipplece.com] Sent: Friday, June 5, 2020 3:48 PM To: Byus, Dave <Dave.Byus@avistacorp.com> Cc: Susan Moss <smoss@whipplece.com> Subject: [External] 2659 Bessie and Montgomery Street Vacation Hello Dave, I am reaching out in regards to a Street Vacation on N Bessie Road and E Montgomery Avenue. If you could please send comments or easement documents regarding this Street Vacation, that would be greatly appreciated. The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Let me know if you need our preliminary application if it was helpful last time. The project plan in conjunction with this street vacation is to subdivide parcel 45074.0223 into three lots. We are currently not far along and will coordinate with you further as the time comes and we prepare further plans and applications. Can you provide preliminary comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions. Thank you for your help. Hanna Herzog Civil Engineering Intern Phone: 509.893.2617 Fax: 509.926,0227 1 IWCE '.N1i14pplc Consulting Engineers WCE provides Land DeVellOpm eor serv+ces in Mc loNawI,ng areas: Land Sterne y.rrg, Cn , struefur ar;trlal Traf r^ t r tj n� er ng. Lan() ra&trarrrrryt,^aarof.auiasc. Arc 4.,fric turc. 71 Sd'rtA Pules Flood • Spokane VDtrry, WA 9020G WP ip.GF USE CAUTION - EXTERNAL SENDER Do not click on links or open attachments that are not familiar. For questions or concerns, please e-mail phishingr@avistacorp.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addresseeis) and may contain confidential and/or privileged information and may be legally protected from disclosure If you are not the intended recipient of this message or an agent of the intended recipient. or if this message has been addressed to you in error. please immediately alert the sender by reply email and then delete this message and any attachments. 2 Johanna Herzog From: Byus, Dave <Dave.Byus@avistacorp.com> Sent: Monday, June 15, 2020 8:22 AM To: Johanna Herzog Subject: RE: [External] 2659 Bessie and Montgomery Street Vacation Hi Johanna, Transmission Engineering got back to me this morning regarding our transmission line currently in RR ROW north of the proposed road vacation. Avista currently does not have any utilities (gas or electric) installed within the proposed street vacation and as a result we have no comments or issues with the proposal. Please let me know if you need anything else. Thanks Dave Byus Real Estate ifit VISTA PO Box 3727 MSC-25 Spokane. WA 99220 1411E Mission Ave. MSC-25 Spokane. WA 99202 P 509.495,2013 C 509.993.7852 http.J/www.avistautilities.com rot _windmill' canarmswei This eman t,ncludirg any attachments) may contain confidenlat and privileged information and unauthorized disclosure or use is prohibited If you are not an intended reciprenl, please notify the sender and delete this email from your system Thank you From: Byus, Dave Sent: Friday, June 12, 2020 12:32 PM To: Johanna Herzog <jherzog@whipplece.com> Subject: RE: [External] 2659 Bessie and Montgomery Street Vacation Johanna, I don't think we have any issues with the proposed street vacation but I am waiting for a reply back from our Transmission Engineering department. I sent them another email a couple of minutes ago so hopefully I can get back to you shortly. Thanks Dave 1 From: Johanna Herzog [mailto:jherzog@whippiece.comj Sent: Friday, June 5, 2020 3:48 PM To: Byus, Dave <Dave.Byus@avistacorp.com> Cc: Susan Moss <smoss@whipplece.com> Subject: [External) 2659 Bessie and Montgomery Street Vacation Hello Dave, ) am reaching out in regards to a Street Vacation on N Bessie Road and E Montgomery Avenue. If you could please send comments or easement documents regarding this Street Vacation, that would be greatly appreciated. The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Let me know if you need our preliminary application if it was helpful last time. The project plan in conjunction with this street vacation is to subdivide parcel 45074.0223 into three Lots. We are currently not far along and will coordinate with you further as the time comes and we prepare further plans and applications. Can you provide preliminary comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions. Thank you for your help. Hanna Herzog Civil Engineering Intern r , Consulting Engifieers. irrr. Pncne: 509.893.2617 Fax: 509.926.0227 IWC E t..t�:rEngineers WCE powdesLand bevernpment serrc s n the fadbvnny was, Land 5urwowl?, CI StrutturtY And Trait,: Eng,nee►rnq. Land PiannieV andLandscape. N(hdretu,e 71 South P+nen Rom • SOOk. M Vairey. WA 09?O4 WtippleCI cor.. D USE CAUTION - EXTERNAL SENDER Do not click on links or open attachments that are not familiar, For questions or concerns, please e-mail phishing@avistacorp.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure If you are not the intended recipient of this message or an agent of the intended recipient. or if this message has been addressed to you in error. please immediately alert the sender by reply email and then delete this message and any attachments. 2 Johanna Herzog From: Depner, Colin <CDEPNER@spokanecounty.org> Sent: Monday, June 08 2020 9:43 AM To: Johanna Herzog; Knudson, Chris Cc: Susan Moss Subject: RE: 2659 Bessie and Montgomery Street Vacation There is no public sewer within the proposed vacation area. Sewer connection requirements would not change for any of the involved properties, particularly for the following parcel numbers, which are required to connect upon development: • 45074,0222 • 45074.0221 • 45074.0220 • 45074.0219 Colin Depner Spokane County Environmental Services 1026 W. Broadway Ave. 4thFloor Spokane, WA 99260 509-477-7282 cdepner@sookanecounty.org Video Inspection Requests sewerTVrequests@spokanecounty.org Electronic Plan Submittal ES PI anReview@spokanecounty r,r From: Johanna Herzog [mailto:jherzog@whipplece.com] Sent: Friday, June 05, 2020 4:14 PM To: Depner, Colin <CDEPNER@spokanecounty.org>; Knudson, Chris <CKnudson@spokanecounty.org> Cc: Susan Moss <smoss@whipplece.com> Subject: 2659 Bessie and Montgomery Street Vacation Hello Colin and Chris, I am reaching out in regards to a Street Vacation on N Bessie Road and E Montgomery Avenue. If you could please send comments or easement documents regarding this Street Vacation, that would be greatly appreciated. The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Can you provide comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions. 1 Thank you for your help. Hanna Herzog Civil Engineering intern Vvh,ppfc Phone: 509.893.2617 1 Fax: 509.926.0227 II/VC E Whipple Consulting Engineers c,outh Pkerct, Road Sp* Var;cy. WA S,9206 Whiv/rer tcor. 2 Johanna Herzog From: Sent: To: Cc: Subject: Harvey, Traci <HarveyT@SpokaneValleyFire.com> Thursday, June 11, 2020 2:22 PM Johanna Herzog; Inspections Susan Moss RE: 2659 Bessie and Montgomery Street Vacation We would have no easement documents associated with a street vacation; our main concerns would be related to fire flow/hydrants and access for future development. All specific fire department requirements shall be conditioned on future commercial permits. SAVE A TREE SVFD accepts digital pan s .bm,si.irs No paper needed' Thanks Traci Harvey Fire Protection Engineer Spokane Valley Fire Department 2]20N. Wilbur Spokane Valley, WA 99206 509-892-4183 Work 509-892-4144 Fax From: Johanna Herzog [mailto:aherzog@whipplece.coml Sent: Friday, June 5, 2020 3:35 PM To: Inspections <Inspections@SpokaneValleyFire.com>; Harvey, Traci <HarveyT@SpokaneValleyFire.com> Cc: Susan Moss <smoss@whipplece.com> Subject: 2659 Bessie and Montgomery Street Vacation Hello Traci, I am reaching out in regards to a Street Vacation on N Bessie Road and E Montgomery Avenue, If you could please send comments or easement documents regarding this Street Vacation, that would be greatly appreciated. The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Can you provide comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions. Thank you for your help. Hanna Herzog Civil Engineering Intern VVhr,jple Consulting Engineers, Inc. Phone: 509.893.2617 Fax: 509.926.0227 IWC E Wnipplo Consulting Engineers ICE pccvec5 La: d De ehcprren! _ Jr; the l4i I J g areas: Dart! Srrr:ey,'tg. Crv1. $1ruC1utN ar7a Tr ffr_ €nghrerrng. Land 1?d trarkny and LNH154AX A,Gfr4eCMUfe 2 Johanna Herzog From: Fisher, Brent <Brent_Fisher@comcast.com> Sent: Monday, June 08, 2020 11:30 AM To: Johanna Herzog; Susan Moss Cc: Richardson, Bryan Subject: RE: 2659 Bessie and Montgomery Street Vacation Attachments: Bessie & Montgomery (Comcast).pdf Hanna, Comcast should have no objection to this proposed street vacation as it will have little to no impact our existing services. Our facilities are all aerial at this location and we are built on what appear to be primarily Avista poles. I've attached a pdf showing the three existing poles that we have services on in the immediate vicinity of this project. Thank you, Brent Fisher Comcast Spokane Construction Specialist 2 509-755-4804 brent fisher@corneast.com From: Richardson, Bryan <Bryan_Richardson@cable.comcast.com> Sent: Monday, June 8, 2020 7:24 AM To: Fisher, Brent<Brent_Fisher@cable.comcast.com> Subject: FW: 2659 Bessie and Montgomery Street Vacation This should be in your area and I would not take away the joy of you doing it. From: Johanna Herzog <jherzog@whippece.com> Sent: Friday, June 5, 20204:13 PM To: Richardson, Bryan <Bryan Richardson@cable.comcast.com> Cc: Susan Moss <srnoss@whipplece.com> Subject: [EXTERNAL] 2659 Bessie and Montgomery Street Vacation Hello Bryan, I am reaching out in regards to a Street Vacation on N Bessie Road and E Montgomery Avenue. If you could please send comments or easement documents regarding this Street Vacation, that would be greatly appreciated. The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Can you provide comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions. 1 Thank you for your help. Hanna Herzog Civil Engineering intern Whipple Con5ultiro Eccprieers, Phone: 509.893.2617 Fax: 509.926.0227 WC E Whipple consulting Enguteers WCEPITN'ilc's Lam./ Deveiopment serv.cef, in the follow r19 arcaS Land Survey:0y, Structural Ana trarliC EngaVeign9, Lana Mann") mid arktsCape ArOlfecturr, P,,,1 • .."-;1.06 Vd., 1, 7 4^i T1;174. Ilk 2 0 = Utility poles that Comcast has facilities on. E MONTGOMERY AVE E MANSFIELD AVE } I 8703 Johanna Herzog From: Justin Van Dyke <jvandyke@scwd3.org> Sent: Tuesday, June 16, 2020 10:34 AM To: Johanna Herzog Subject: RE: 2659 Bessie and Montgomery Street Vacation - Checking in The only comments we have are Lots 2 through 6 will not be eligible for water service unless they have frontage along a water main. So by vacating the owner's ability to loop a waterline around the entire parcel may pose a concern for later water accessibility and development of those lots. Justin Van Dyke, Assistant Manager Spokane County Water District #3 1225N." arai SpokaneValley, «A99_2212 Office: (509) 5_ :-. _:: Fax (509) 534-3760 Email: Jvan ^'.ff:e :• ,13.org From: Johanna Herzog [mailto:jherzog@whipplece.com] Sent: Tuesday, June 16, 2020 10:24 AM To: Justin Van Dyke <jvandyke@scwd3.org> Cc: Susan Moss <smoss@whipplece.com> Subject: 2659 Bessie and Montgomery Street Vacation - Checking in Hi Justin, I am checking in about a request for comments I sent out last week regarding a Street Vacation application for Bessie Rd and Montgomery Ave. If you could please send comments or easement documents that Water District 3 might have regarding this Street Vacation, that would be greatly appreciated, The Street Vacation will run along the full 25' ROW of N Bessie Rd. and the full ROW along E Montgomery Ave as shown in the attached drawings. Attached are pdfs of the vicinity map and Street Vacation exhibit for your use. Can you provide comments, easement concerns within 100' and/or concerns regarding this vacation? This correspondence will be submitted to the City of Spokane Valley with our street vacation packet. Please contact me or Susan Moss if you have any questions Thanks for your help, Hanna Herzog Civil Engineering Intern Phone: 509.893.2617 I Fax: 509.926.0227 Johanna Herzog From: Sent: To: Subject: Welch, Mark <Mark.Welch@CenturyLink.com> Friday, June 19, 2020 10:34 AM Johanna Herzog Mansfield Mark Welch Engineer II 904 N. Columbus St., Spokane, WA. 99202 tel: 509,835.4604 cell: 509.703.2705 mark.welch4centurylink.com r <<` CenturyLink PROJECT SITE Fk "; ' cr tn Ww co I r cat+t Z • MONTGOMERY AVENUE 1 r W—G E S PROJ #: 20-2659 DATE: 6/2/20 DRAWN: SGP REVIEWED: TRW SCALE: NTS STREET VACATION VICINITY MAP E507 E MANSFIELD AVENUE SP❑KANE VALLEY, WA EX- 1 IWC E WHIPPLE CONSULTING ENGINEERS PH: 509-893-2617 Vacation of Bessie Road That portion of Bessie Road lying between the South right of way of Montgomery Avenue, and the North right of way of Mansfield Avenue. Vacation of Montgomery Avenue That portion of Montgomery avenue lying between the Westerly right of way of Bessie road and the East line of Lot 3, Block 1 of Vista Gardens No 4, as recorded in Book 4 of Plats, Page 28, Records of Spokane County, Washington. First American First American Title Insurance Company 40 E Spokane Falls Blvd Spokane, WA 99202 July 04, 2020 Johanna Herzog Whipple Consulting Engineers, LLC P.O. Box 1566 Veradale, WA 99037 Phone: (509)893-2617 Fax: (509)926-0227 Title Officer: Tiffany Ipock Phone: (509)835-8957 Fax No.: (866)537-9602 E-Mail: tipock©firstam.com Order Number: 3510272 Escrow Number: 3510272 Buyer: Owner: Property: 8507 E Mansfield Ave Spokane, Washington 99212 Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! Project s=- d RECEIVE° AUG - 7 2020 COSV PERMIT CENTER SUB # REV,#[___-a6 Form 5003353 (7-1-14) Page 1 of 9 (Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75) WAchinntnn: 1407,, First American Guarantee Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5003353-3510272 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES Whipple Consulting Engineers, LLC the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company 241 g:03.41,42A f),nni. J CG;tiricetr Ptr,,idtnt Greg L Smilh c .; r�•[,aiv This jacket was created electronically and constitutes an original document Form 5003353 (7-1-14) ,Page 2 of 9 iGuarantee Number: 3510272 CLTA,. #14 Subdivision Guarantee (4-10-75)1 Wachinntnn� First American Schedule A Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 3510272 Order No.: 3510272 Liability: $2000.00 Name of Assured: Whipple Consulting Engineers, LLC Date of Guarantee: June 25, 2020 The assurances referred to on the face page hereof are: 1, Title is vested in: Fee: $350.00 Tax: $31,15 DIAMOND ROCK FINANCIAL, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO A 90% INTEREST, AND TCF PROPERTIES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO A 10% INTEREST 2. That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, claims or title to water. C. Tax Deeds to the State of Washington. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. 6. Any sketch attached hereto is clone so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. Form 5003353 (7-1-14) Page 6 of 9 Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75)1 WAchinntnn1 First American Schedule B Subdivision Guarantee SUE E First American Title Insurance Company GUARANTEE NUMBER 3510272 RECORD MATTERS 1. General Taxes for the year 2020. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: 45074.0223 lst Half $ 1,727.66 $ 1,727.66 $ 0.00 $ 37,800.00 $ 202,700.00 2nd Half $ 1,727.67 $ 0.00 $ 1,727.67 $ 37,800.00 $ 202,700.00 2. Municipal assessments, if any, levied by the City of Spokane. 3. Said premises lie within the boundaries of Spokane Water District No. 3 and are subject to future assessments by said district. 4. Deed of Trust and the terms Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Dated: Recorded: Recording Information: and conditions thereof. Steve Mcmullen as Trustee of The 8507 Mansfield Trust Diamond Rock Financial, LLC, A Washington Limited Liability Company, to A 90% Interest, and Tcf Properties, LLC, A Washington Limited Liability Company, as to A 100/0 Interest Ford & Dalton, Ps $ 225, 000.00 December 03, 2018 December 06, 2018 6766695 A notice of trustee's sale recorded March 16, 2020 as 6901852 of Official Records. 5. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or encroachments, notes and/or provisions shown or disclosed by Short Plat or Plat Amended Final Plat Vista Gardens No. 4 recorded in Volume 4 of Plats, Pages) 37. Form 5003353 (7-1-14) Page 7 of 9 Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75) washinahnn 6. Easement, including terms and provisions contained therein: Recording Information: 882997E In Favor of: The Washington Water Power Company, a Washington corporation For: Electric transmission and/or distribution system 7. Easement, including terms and provisions contained therein: Recording Information: 6264107 In Favor of: Sprint Communications Company L.P., and Level 3 Communications, LLC For: Telecommunications easement Informational Notes, if any Form 5003353 (7-1-14) Page 8 of 9 Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75) WAchinntnn First American Schedule C Subdivision Guarantee ISSUED By First American Title Insurance Company 3510272 The land in the County of Spokane, State of Washington, described as follows: LOT 7, BLOCK 1, AMENDED FINAL PLAT OF VISTA GARDENS NO. 4, ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 37, CITY OF SPOKANE VALLEY, IN SPOKANE COUNTY, WASHINGTON, Form 5003353 (7-1-14) Page 9 of 9 Guarantee Number: 3510272 CLTA #14 Subdivision Guarantee (4-10-75) Washington EXHIBIT 3 Staff Report and Recommendation STV-2020-0002 Page 10 of 11 October 15, 2020 Spakan e' 4000 Val ley Community & Public Works Building & Planning Division NOTICE OF PUBLIC HEARING THE SPOKANE VALLEY COMMUNITY & PUBLIC WORKS IS SENDING THIS NOTICE OF PUBLIC HEARING TO ALL PROPERTY OWNERS WITHIN 400 FEET OF THE SUBJECT PROPERTY BASED ON THE MOST CURRENT RECORDS FROM THE SPOKANE COUNTY ASSESSOR'S OR TREASURER'S OFFICE. Due to the restrictions on public gatherings arising from the COVID-19 outbreak, this hearing will be conducted remotely using web and telephone conference tools, as described below. Hearing Date: Thursday, October 22, 2020 beginning at 6:00 p.m. Meeting Details: Join Zoom meeting by computer, smartphone, or tablet at: A link to the Zoom meeting will be provided on the agenda and posted to the City's webpage: www.spokanevalley.org/planningcommission. Application/Description of Proposal: Request by Diamond Rock Financial LLC/TCF Properties, to vacate 470 feet of Montgomery Avenue and 195 feet of Bessie Road. Applicant: Whipple Consulting Engineers, 21 S Pines Road, Spokane Valley WA 99206 Owner: Diamond Rock Financial LLC/TCR Properties, 320 S Sullivan Road, Spokane Valley WA 99037 Location of Proposal: The portion of right-of-way proposed to be vacated is located between Vista Road (west), Sargent Road (east) and Mansfield Avenue (south). The undeveloped right-of-way is adjacent to nine parcels (45074.2309, 45074.9084, 45074.0223, 45074.0222, 45074.0221, 45074.0220, 45074.0219, 45077.0002 and 45071.9089) located in the NW quarter of the SE quarter of Section 7, Township 25 North, Range 44 East, Willamette Meridian, Spokane Valley, Washington. 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 Street Standards; the Regional Stormwater Manual; and the Spokane Regional Health District regulations. Hearing Process and Appeals: The Planning Commission will conduct the remote hearing pursuant to the rules of procedure adopted in SVMC Title 18 (Boards and Authorities). The public is encouraged to submit written comments prior to the hearing by sending the comments to Connor Lange, 10210 E Sprague Ave, Spokane Valley, WA 99206, or email to clange@spokanevalley.org. Comments will need to be submitted no later than 4:00 PM on October 22, 2020 in order for them to be received and prepared for submission into the record. Comments received will be entered into the record at the time of the public participation portion of the Public Hearing. If you would like to deliver comments to City Hall you may contact City Hall at (509) 720-5000 prior to 4:00 PM on October 22, 2020 to schedule an appointment for delivery and allow staff to scan and include in the report. Comments received through US Mail will be included if they are received prior to the hearing. All interested persons may testify at the remote public hearing via the zoom meeting address and/or phone number. Interested persons will need to sign up to speak no later than 4:00 p.m. on October 22, 2020 at the link provided in the agenda posted at the link referenced above. Use the link above to sign up for oral public comments. The link will direct you to directions to sign up for oral public comments. This is not an opportunity for questions or discussion. Remarks will be limited to three minutes per person. Written comments and documents may only be submitted prior to the hearing. Any appeal of the Planning Commission's decision will be based on the record established before the Planning Commission, pursuant to SVMC 17.90 (Appeals). The Planning Commission will forward a recommendation on the request to the Spokane Valley City Council. 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 City of Spokane Valley Municipal Code (SVMC); Title 21 (Environmental Controls) from environmental review under the provisions of the State Environmental Policy Act (SEPA). 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 by logging on to the Spokane Valley SmartGov Public Portal at this web address: ci-spokanevalley-wa.smartgovcommunity.com/Public/Home Go to applications and search for STV-2020-0002 to review or download the staff report. If you have any questions, please contact Connor Lange, Planner, Building & Planning Division, at clangegspokanevalley.org. 10210 East Sprague • Spokane Valley, WA • 99206 • (509) 720-5240 • Fax (509) 720-5375 EXHIBIT 4 Staff Report and Recommendation STV-2020-0002 Page 11 of 11 October 15, 2020 From: Bvus, Dave To: Connor Lanae Subject: RE: [External] STV-2020-0002 Agency Routing Date: Thursday, October 1, 2020 9:40:30 AM Attachments: imaae002.aif image003.gif imaae004.ioq Connor, I reviewed this back in June with Whipple. I don't have any issues or comments to add for this proposed street vacation. Thanks Dave Byus Real Estate Representative El PO Box 3727 MSC-25 Spokane, WA 99220 1411 E Mission Ave. MSC-25 Spokane, WA 99202 P 509.495.2013 C 509.993.7852 http://www.avistautilities.com This email (including any attachments) may contain confidential and privileged information, and unauthorized disclosure or use is prohibited. If you are not an intended recipient, please notify the sender and delete this email from your system. Thank you. From: Connor Lange [mailto:clange@spokanevalley.org] Sent: Monday, September 28, 2020 4:39 PM To: Chad Riggs <criggs@spokanevalley.org>; Traci Harvey <harveyt@spokanevalleyfire.com>; Chris Johnston <crjohnston@spokanesheriff.org>; CDEPNER@spokanecounty.org; CKnudson@spokanecounty.org; Bruner, Jennifer S. <JBRUNER@SpokaneCounty.org>; Megan Bickley <MBickley@SpokaneCounty.org>; Grepp@spokanecounty.org; Spokane Regional Health District <psavage@srhd.org>; Spokane County Water District #3 <scwd3@comcast.net>; figgg@wsdot.wa.gov; Spokane Transit Authority <kotterstrom@spokanetransit.com>; Hanson, Sydney (DAHP) <Sydney.Hanson@dahp.wa.gov>; Byus, Dave <Dave.Byus@avistacorp.com>; Karen. Stoddard (karen.stoddard@centurylink.com) <karen.stoddard@centurylink.com>; Comcast <bryan_richardson@cable.comcast.com>; Chad.M.Polak@p66.com Subject: [External] STV-2020-0002 Agency Routing Hello all, Attached is the formal Agency Routing for the street vacation of a portion of Bessie Road and Montgomery Avenue, comments are due back by October 12, 2020. Please let me know if you have any questions. Connor Lange I Planner 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5332 I clange@spokanevalley.org Io This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. USE CAUTION - EXTERNAL SENDER Do not click on links or open attachments that are not familiar. For questions or concerns, please e-mail phishingPavistacorp.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or an agent of the intended recipient, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. From: Semenick, Stephen To: Connor Lanae Cc: Hellman, Johan Subject: RE: Street Vacation Date: Thursday, October 15, 2020 1:38:40 PM Connor, The vacation should not have any impact on existing BNSF operations. Only concern I'd have is long term planning for the vacated property. If additional residences are established I'd want to be sure that drainage was not diverted to BNSF ROW and trespasser mitigation was evaluated. Thanks, Stephen Semenick, PE Manager Public Projects — WA, OR, & B.C. BNSF Railway Company 2454 Occidental Ave S, Suite 1A Seattle, WA 98134 Office: 206.625.6152 Cell: 817.422.2486 From: Connor Lange <clange@spokanevalley.org> Sent: Thursday, October 15, 2020 10:40 AM To: Semenick, Stephen <Stephen.Semenick@BNSF.com> Cc: Hellman, Johan <Johan.Hellman@BNSF.com> Subject: RE: Street Vacation *** This email includes an ATTACHMENT from outside of BNSF and could contain malicious links. Ensure email is from a trusted sender before opening the attachment. Never enter your login credentials if prompted. Click the Email Alert button on the Outlook toolbar to send SPAM email to Security. EXTERNAL EMAIL Attached are the application materials for review by BNSF. From: Hellman, Johan <Johan.Hellman@BNSF.com> Sent: Thursday, October 15, 2020 10:36 AM To: Connor Lange <clange(isookanevallev.org>; Semenick, Stephen <Stephen.Semenick(iBNSF.com> Subject: Re: Street Vacation Hey Connor. Apologies, looping in Steve on this one. Thanks, Johan On Oct 15, 2020, at 9:57 AM, Connor Lange <clange( sookanevallev.org> wrote: EXTERNAL EMAIL Hello Johan, I appreciate the response but I didn't see Mr. Semenick cc'd on the email and haven't heard anything from him. Do you have any updates? Thank you From: Hellman, Johan <Johan.Hellman(@BNSF.com> Sent: Tuesday, October 13, 2020 11:12 AM To: Connor Lange <clange( sookanevallev.org> Subject: Street Vacation Thank you, Connor. I am looping in my colleague Steve Semenick from BNSF's Public Projects team. Be well, Johan Johan Hellman Executive Director of Public Affairs I BNSF Railway To: Johan Hellman From: Connor Lange Email: clange( sookanevallev.org Message: Hello Johan, I am reaching out to you from the City of Spokane Valley because there is a proposed street vacation application immediately adjacent to the BNSF railroad and wanted to ensure there are no concerns from the railroad regarding the project. If you could send me an email I could provide you with the application materials. We physically mailed them to the main office in Fort Worth but I figured I would try to reach someone directly who deals with the pacific northwest. The location is Bessie Road and Montgomery Avenue, just north of Mansfield Avenue. Thank you Connor Lange, Planner, City of Spokane Valley CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. From: Polak, Chad M To: Connor Lanae Subject: RE: STV-2020-0002 Agency Routing Date: Tuesday, October 13, 2020 10:02:16 AM Attachments: imaae001.ioq Hi Connor, Was looking at this one as well, with the vacation of the ROW does not appear to have any issue with the YPL pipeline as we are in the BNSF ROW at this location just to the north of the city ROW that is to be vacated. Let me know if there are any questions. Sincerely, Chad M. Polak Agent, Real Estate Services 0: (+1) 303.376.4363 1 M: (+1) 720.245.4683 3960 East 56th Avenue l Commerce City, CO 80022 Phillips 66 From: Connor Lange <clange@spokanevalley.org> Sent: Monday, September 28, 2020 5:39 PM To: Chad Riggs <criggs@spokanevalley.org>; Traci Harvey <harveyt@spokanevalleyfire.com>; Chris Johnston <crjohnston@spokanesheriff.org>; CDEPNER@spokanecounty.org; CKnudson@spokanecounty.org; Bruner, Jennifer S. <JBRUNER@SpokaneCounty.org>; Megan Bickley <MBickley@SpokaneCounty.org>; Grepp@spokanecounty.org; Spokane Regional Health District <psavage@srhd.org>; Spokane County Water District #3 <scwd3@comcast.net>; figgg@wsdot.wa.gov; Spokane Transit Authority <kotterstrom@spokanetransit.com>; Hanson, Sydney (DAHP) <Sydney.Hanson@dahp.wa.gov>; dave.byus@avistacorp.com; Karen. Stoddard (karen.stoddard@centurylink.com) <karen.stoddard@centurylink.com>; Comcast <bryan_richardson@cable.comcast.com>; Polak, Chad M <Chad.M.Polak@p66.com> Subject: [EXTERNAL]STV-2020-0002 Agency Routing Hello all, Attached is the formal Agency Routing for the street vacation of a portion of Bessie Road and Montgomery Avenue, comments are due back by October 12, 2020. Please let me know if you have any questions. Connor Lange I Planner 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5332 I clange@spokanevalley.org This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. From: Justin Van Dyke To: Connor Lanae Subject: RE: STV-2020-0002_Bessie and Montgomery Street Vacation Date: Thursday, October 15, 2020 9:49:07 AM Attachments: imaae002.Dnq imaae003.ioq Yes that works great for us. Thanks for the update and the condition of approval on your part. Outlook Signature_NEW From: Connor Lange [mailto:clange@spokanevalley.org] Sent: Tuesday, October 13, 2020 3:26 PM To: Justin Van Dyke <jvandyke@scwd3.org> Subject: STV-2020-0002_Bessie and Montgomery Street Vacation Hello Justin, I am reaching out to you for clarification regarding some comments you made on June 16th, 2020 during the initial proposal to Whipple Consulting Engineers regarding the street vacation. You indicated that the street vacation may hinder development of Lots 3-6 because they will no longer have access to the main in the street. However, as a condition of approval the City is going to require Lots 3-6 (all owned by Montgomery Apartments LLC) be consolidated and the access and water would be brought through the existing right-of-way east of the proposed vacation (see attached). Would this consolidation alleviate those concerns you posed in your original comments? Thanks! Connor Lange I Planner 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5332 I clange@spokanevalley.org Io This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. FIRE DEPT October 12, 2020 Connor Lange City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, WA 99206 BRYAN COLLINS, FIRE CHIEF 2120 N. Wilbur Spokane Valley, WA 99206 (509) 928-1700 Main (509) 892-4125 Fax spokanevalleyfire.com RE: STV-2020-0002 Technical Review Street Vacation of Montgomery Avenue and Bessie Road between Vista Road/Sargent Road/Mansfield Avenue The Spokane Valley Fire Department has completed a review for the above referenced project and takes no exception to the "Street Vacation" as proposed. All specific fire department requirements shall be conditioned on future associated platting action or commercial permits. If there are any questions please do not hesitate to call. Sincerely, • FYI) i Traci Harvey Fire Protection Engineer Spokane Valley Fire Department 0,1\a, Spokane .0•00Valley Community & Public Works Department 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org Memorandum To: Connor Lange, Planner From: Chad Riggs, Senior Engineer Date: October 1, 2020 Re: STV-2020-0002: Montgomery Ave and Bessie Rd Street Vacation Recommended Conditions of Approval Development Engineering requires the following items to be addressed prior to street vacation finalization: General 1) The existing curb return at the northeast corner of Bessie Road and Mansfield Avenue shall be removed and Type 'A' curb shall be installed along Mansfield Avenue across the vacated portion of Bessie Road per Standard Plan R-102. 2) The existing drywell at the northeast corner of Bessie Road and Mansfield Avenue shall be removed and replaced with a new Type 'A' drywell approximately 7' to the south at the new curb line along Mansfield Avenue per Std. Plan S-102. A Type 1 (bypass) metal grate shall be installed with the drywell per Std. Plan S-121. 3) Construction within the public right-of-way shall be performed under the direct supervision of a licensed Washington State Professional Engineer and in accordance to the Spokane Valley Street Standards. All work is subject to inspection by the City of Spokane Valley Development Engineering Construction Inspector. 4) Upon completion of the improvements, a Construction Certification package per SVSS Chapter 9 shall be submitted and approved prior to recording of the Street Vacation Ordinance. 5) A Warrant Surety shall be provided for the public improvements per SVSS Chapter 9. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2021 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Retail Recruitment Update GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: In 2015, the City engaged the services of Community Attributes, Inc. (CAI) to develop a retail improvement strategy and action plan to enhance the City's retail offerings. In 2016, the City updated its comprehensive plan and development regulations that incorporated many of the strategies and actions identified in the study, such as increased flexibility for retailers, increased residential density along commercial corridors, and new opportunities for neighborhood commercial. In late 2017, the City engaged Retail Strategies, a retail recruiter, consistent with the implementation strategy of the CAI study. Since 2017, the City has been working with Retail Strategies on retail recruitment. Their work has included retail trade area research, quarterly updates of the City's shopping center and retail corridors, and continuing retail recruitment efforts including representation at International Council of Shopping Center conferences and developing relationships with retailers, brokers, developers, and key industry contacts on behalf of the City. Tonight, Mr. Scott vonCannon and Joe Strauss of Retail Strategies will provide an overview of their work including a summary of retailers they have engaged and recruited to Spokane Valley, research and analysis conducted on behalf of the City and efforts throughout 2020. OPTIONS: None RECOMMENDED ACTION OR MOTION: None BUDGET/FINANCIAL IMPACTS: Contract with Retail Strategies was budgeted at $25,000 for 2020 STAFF CONTACT: Mike Basinger, Economic Development Manager ATTACHMENTS: Retail Strategies presentation C.,'., retail strategies Spokane Valley, Washington Retail Strategies Update yanuary 2021 Scott vonCannon Chief Operating Officer 1^n Strauss Vice President of Development (0)retail strategies 2 Retailers: New to Market Burlington ADVENTURE'S FIRST STOR (0) retail strategies Burlington (± $10M Revenue) Ulta (± $5M Revenue) Chipotle (± $2.3M Revenue) Maverik (± $1.2M Revenue) *4th location in market) New to Market Convenience Store (± $1.2M Revenue) Total Annual Revenue - ± $20M City Sales Tax Annual Collections - $175,000 per year 3 Examples of Steps in a Deal (44) retail strategies r • Met Chris Kiehler of Burlington at 2018 ICSC Conference • Toys R Us Box Becomes Available — Spring 2018 • Contacted owner of Shopping Center • Contacted Raider Hill Associates — hired to handle former Toys R Us Leasing • Identified asking price, sizing, lease expiration...etc. • Sent Raider Hill multiple retailers fitting criteria, including Burlington 4 Retailers Currently Interested in Spokane Valley Major Entertainment Concepts Full Service, Sit Down Restaurants Fast Casual Restaurants National Fitness Chains Farm & Ranch Concept Home Improvement and Supply Fashion Apparel Retailers (0)retail strategies 5 Why Are They Not Already Here? Economics Companies rebounding from struggling sales COVID-1 9 Delays 000 Expansion plans pushed to 2021-2022 Site Criteria *31)retail strategies Expansion Plans On hold or stalled to 2021-2022 Have yet to find a site fitting criteria points 6 Pivoting During COVI[ Value Beyond Recruitment, Topics Pertinent to the City's economic development: fig* retail strategies During Spring/Summer of 2020 as Covid-19 impacted our economy we remained consistent in providing resources to Peachtree Corners in addition to our traditional retailer outreach. • Small Business Administration Disaster Assistance: https://www.sba.gov/disaster-assistance/coronavirus-covid-19 • Small Business Administration: Small Business Guidance & Loan Resources https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan- resources • Facebook Small Business Grants Program https://www.facebook.com/business/boost/grants?ref=eml • National Retail Federation: Coronavirus Resources for Retailers https://nrf.com/resources/reta iI-safety-and-security-tools/coronavirus-resources- reta i l ers • NFIB: Small Business Resources https://www.nfib.com/content/analysis/coronavirus/latest-on-coronavirus-from- nfib/ 7 Sales Tax Forecasting/Category Division Tax Recieved by Month 1000K 3 1600K 1400K 1200K Taxable Amount 2019 2020 LT January $350.3/M $378.41M a Spokane Valley Year over Year Tax c .73 1) n Year of Month and Year ▪ 2019 El 2020 Tax Type Category P ❑/ (AII) ❑./ 23-Construction ❑J 1,1- Retail Trade E 45-Retail Trade E 72 - Accommodations & Food Se... Titles Tax Type (All) February March April May June $399.98M $293.21M $280.84M 135/_59M $353.46M $414.35M $315.95M $308.32M $284.87M $295.50M retail strategies 8 Retail & Restaurant Changes in 2020 COVID-19 Resistant Categories Grocery General Home Merchandise Improvement Struggling Categories Restaurants Clothing & Accessories Furniture & Home Furnishings Pet Supplies retail strategies Restaurants *Oxford Econ r c® BIG PICTURE Consumer Confidence Consumer Optimism Grows, but Confidence Is Unlikely to Recover to Pre -Pandemic Levels Soon Jan 01 Feb 01 Mar 01 UPDATED: SEPTEMBER 2, 2020 ��illlllll!! Apr 01 May 01 i Jun 01 Jul 01 Aug 01 Sep 01 This chart displays the ICS, a measurement of consumer sentiment. Higher numbers indicate greater confidence. retail strategies 11 1ETAIL & RESTAURANT CHANGES IN 2020 Retailers Still Expanding Marshalls. EE=DOUBA • SUBS• FOUNDED BY FIREMEN FLOOR Fe DECOR .414 retail strategies at h me. The Home Decor Superstore ,oPe,eS SLIM (NI(Hf01 southwest grill 12 RETAIL & RESTAURANT CHANGES IN 2020 Restaurants Are Evolving "Chipoltlane" "Shack Track" retail strategies 13 Conference Representation National representation at ICSC Shows: 44 icsc RETHIL U RETAIL.REAL ESTATE.LIVE. 111 Typical Annual Representation on Behalf of Spokane Valley ICSC RECon ICSC Monterrey ICSC West Coast Retail Live! �,} retail Strategies C,4' retail strategies RECO Cl 2018 S•okane Valley, WA Darden Restaurants- We met with Andrea Garcia at Darden. Darden's brands are Olive Garden, Longhorn Steakhouse, Cheddar's, Yard House, The Capital Grille, Seasons 52, Bahama Breeze, and Eddie V's Prime Seafood. Darden has been on slow growth due to the changing landscape of full service restaurants and how it has been affected by millennials. Of their brands, Olive Garden has been the most active although still very slow growth. We inquired about Spokane Valley and she quickly pointed out the location in Spokane with concerns of cannibalization. We identified the location in being Northern portion of Spokane which is a good 30 minute drive from the main retail corridor of SV. She asked us to follow up with sites that her team would review. Burlington- Bear met with Chris Kiehler, real estate director at Burlington Coat. Burlington has changed the type of markets and centers that they usually locate to in the last few years. Although a location in Spokane, SV has several of the co -tenants that Burlington prefers to surround themselves with. Ideally, they would like 2nd generation space to save on rent but would not be against new development with the right co -tenant mix. We have shared this intel with developers in our portfolio that traditional build these types of stores/developments. 14 2021 Plans • Press 2020 retail delays for pipeline development in 2021 • Continue to coordinate with Spokane Valley Mall leasing team regarding backfilling the vacant anchor box • Continue to pursue identified retail sights along major retail corridors such as Sprague Ave., Sullivan Road, Indiana Ave...etc. • Pick back up with retail conferences to market Spokane Valley to national retailers 15 THANK YOU 16 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: COVID-19 Vaccine Administration GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Lyndia Wilson of the Spokane Regional Health District will update Council with COVID-19 vaccination information. OPTIONS: Information RECOMMENDED ACTION OR MOTION: Information only BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mayor Wick ATTACHMENTS: Powerpoint presentation sP°KtE •aEGI"aL COVID-19 Vaccine HAdministration Overview • Roles and Responsibilities • Phases and Tiers • Vaccine Venues • Vaccine Enrolled Providers • Vaccine Delivery and Inventory • Resources for Information and Communication • Questions - Discussion H SPOAX[ RE616NA1 LTH Roles and Responsibilities DOH's Primary Roles • Lead on statewide vaccination program • Develop guidance on priorities and allocation • Recruit and enroll providers • Manage vaccine allocation requests • Distribute vaccine directly to providers • Provide statewide materials and media campaign SRHD's Primary Roles • Encourage providers to enroll in the DOH system • Ensure proper vaccine storage • Participate in partner planning and engagement to ensure equitable access to vaccinations (safety net) • Increase community vaccination opportunities with partners and volunteers • Vaccine Advisory Workgroup H SPOAX[ RE616NA1 LTH Planning Variables • Vaccine supply available in Washington and projected to arrive based on information provided by the federal government • Vaccine enrolled providers to administer vaccine • Phased approach (highest to lowest risk groups) • Vaccine uptake trends to estimate projected demand • Time it will take for vaccine uptake in different populations • Access, culture, hesitancy H SPOAX[ RE616NA1 LTH 1/12/2021 WASHINGTON'S COVID-19 VACCINE PHASES Phase 1 Estimated Timeline (Tiers A and B) Find out if its your turn at Find ourPhas WA.org DECEMBER 2020 JANUARY 2021 FEBRUARY MARCH APRIL MAY— DECEMBER H t i-rle.k healthcare workers In health care settings Ail p wnIs1oyears or older • All people 54 years ar alder in • High -risk first rnuRisen erationaI responders households • Long-term care facility residents • All other workers at risk in health care settings • High -risk cr itisal workers SO run or older who work In certain congregate settings: Agriculture; food processing; grocery Mires; K-12 {tea€hers and school staff}; childcare. corrections; prisons, jails or detention centers; pri bile tea nslr fire: law enforcement FOCUS ON EQUITY: This approach pirkidittes papulardon groups that h rrve bow rliviciponionately imparted by cr]VIA-1edrue to e,itrrrrai soma! Lute.s Mid Staters if3Pibieiri! Each gaup will became eligikla for the waccina Una at a time and will continue to be pligkila throughout the * utiari. Thr art likItirribtot drill subject to eh3 • PenrSIP 16 years or older with 2 or more co -morbidities or underlying conditions • High -risk rrltic i. workers under 50 years who work In certain congregate settings Las noted in B2) • People, staff, and volunteers in congregate living settings: Correctional facilities; group homes for people hh disabliitles; pm* fixpr±riencing homelessness that live In or access services i n congregate settings lnf rmarinn n u4ho is eligible for Phases 2, 3 and 4 coming soon, Vaccinate WA CovidVaccineWA,org Phases and Tiers Based on four risk criteria: • Risk of acquiring infection • Risk of severe morbidity and mortality • Risk of negative societal impact • Risk of transmission to others H SPOAX[ RE616NA1 LTH 1/12/2021 Vaccine Venues Traditional • Providers (primary and specialty care) • Closed or open points of dispensing (PODs) • Stationery • Mobile • Range Health • Pharmacies • Open PODs • 50 approved providers 1/11/21 • 77 initial enrollment done • 33 pending approval 1/12/2021 Enhanced • Vaccine Liaisons (SRHD standing orders under health officer) • Union Gospel Mission — medical staff • County jail and Geiger — medical staff • Schools — school nurses • Universities — clinical students • Emergency Medical Services (EMS) — EMTs • Models • Pack `N Go • Shelters — nursing students • Curbside Models • School clinics — MRC volunteers, students • Mobile Agencies — contracts • InMotion • Mobile Nursing Services • Drive Thru • EMS and fire stations - EMTs • CHAS at arena • Mass Vaccination Events • TBD HSPDXL AX[ RETH616NA1 Vaccine Delivery and Inventory Vaccine Flow • Federal Administration • Manufacturer b b • DOH or Large provider systems • Vaccine enrolled providers 1/12/2021 Doses Received • WA: 624,375 • (525,550 given or 84%) • Spokane County: 32,675 • Moderna 23,900 first doses • Pfizer 4,875 first doses, 3,900 second doses • SRHD: 2,000 with 1,500 given • Additional 1,100 received Monday iiSPDXL AX[ RETH616NA1 Resources for Information and Communication State • Playbook based on CDC info • Newsletter (sign up!) waDOH@ publicEgovdelivery.com • DOH website (doh.wa.gov) • Materials • Apps • Media campaign Local • Plan based on DOH Playbook • Fits with other agency plans • Includes communication plan • Social media, blogs, FaceBook Live • SRHD website (srhd.org) • Call Center • 1-800-525-0127 FEATURED BLOC COVID-19 VACCINE READ MIRE • SPOAX[ RE616NA1 H LTH CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative Report — Streets Sustainability Committee GOVERNING LEGISLATION: RCW 35A.11.020 — Powers vested in legislative bodies of noncharter and charter code cities. PREVIOUS COUNCIL ACTION TAKEN: Street Operations and Maintenance, and pavement preservation, have been topics of discussion for each City Council since shortly after the City's incorporation, having discussed the topic at least 50 times. BACKGROUND: Throughout the development of the City's adopted 2021 budget, City Council discussed the topic of pavement preservation and the creation of an ad -hoc committee. Further, two City Councilmembers ultimately declined to approve the 2021 budget citing concerns about the transfer of nearly $1.9 million in addtional general fund dollars to the Street Fund #101 to offset losses from the telephone utility tax. As part of the budget process, staff was directed to move forward with an ad -hoc committee, since titled the Streets Sustainability Committee (Committee). The Committee will be tasked with completing the following: 1. Evaluate citizens' interest and support for maintaining city streets and suggesting pavement condition goals. 2. Identify preference for maintaining city streets, types of treatments used, and long- term levels of service. 3. Investigate current revenues and potential future funding sources for maintaining city streets at the recommended level of service. It is anticipated that the Committee will include a large enough membership to effectively represent a wide -range of citizens and businesses within the City. Preliminarily, 18 members are proposed for the Committee. Of the members, staff proposes including two Councilmembers. City staff will facilitate the meetings with support from its pavement management consultant, NCE. Upon completion of its work, the Committee will deliver its recommendation to the City Council for consideration. This process is anticipated to take the majority of calendar year 2021, with further City Council discussion expected late in the year. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Staff requests Council concensus for the following: 1. Staff to pursue the formation of the Streets Sustainability Committee; 2. Staff to coordinate with Councilmembers to generate a preliminary committee membership list; 3. Staff to bring forward a motion consideration for the creation of the Streets Sustainability Committee, including a proposed Committee membership roster for consideration and appointment. BUDGET/FINANCIAL IMPACTS: Committee member participation will be voluntary. Costs to the City would include staff time and materials necessary to help inform and support the progress of the Committee, and also associated costs for involvement from the City's pavement management consultant. STAFF CONTACT: Adam Jackson, P.E. — Engineer -Planning & Grants Bill Helbig, P.E. — City Engineer ATTACHMENTS: 1. Streets Sustainability Committee Outline 2. DRAFT Calendar 2021 Pavement Management Program Outreach 1-19-2021 DRAFT Outline: Streets Sustainability Committee TASKS: (1) Evaluate citizens' interest and support for maintaining city streets. (i.e. Setting PCI Goals) (2) Identify preferences for maintaining various street types, types of treatment used, and levels of service in the next 5-10 years and beyond. (3) Investigate and recommend funding sources for maintaining city streets. NUMBER OF MEETINGS: Refer to the proposed draft 2021 Streets Sustainability Committee Plan, which includes six Street Sustainability Committee meetings. Between April and September of 2021, hold one meeting per month with each meeting lasting approximately two hours. All meetings will be held either virtually or at City Hall (if permitted), be open to public, but there will be no public comment, although ongoing public surveys/polls will be available. Committee action/decisions will only be permitted when a two-thirds majority is present, and those actions/decisions would then be forwarded to City Council as a final recommendation. The Committee's work must be substantially complete by September in order for staff to prepare the Committee's findings and recommendations to City Council on November 09, 2021. Refer to the proposed draft 2021 Pavement Management Program Outreach calendar. TENTATIVE MEETING SCHEDULE • Meeting 1: April o Topic Introduction, History, Committee Goals, Schedule o Polls: current expectations, assumptions, looking forward o Summary of Milestones to Achieve ■ September 2021: Recommendation for Level of Service and funding mechanism ■ November/December 2021: City Council • Meeting 2: May o Member Q&A with Staff (follow-up on items from previous meeting) o Review of Existing Revenues o Review of Available Pavement Management Methods o Draft review: Public Meeting presentation materials for June -September outreach • Meeting 3: June o Member Q&A with Staff (follow-up on items from previous meeting) o Final review: Public Meeting presentation materials for June -September outreach o DRAFT Recommendations ■ PCI Goals ■ Pavement treatment types, preferences for what is used ■ Funding source recommendation/prioritization • Meeting 4: July o Staff update on public meetings conducted to date. o Review level of service and funding mechanism preferences. • Meeting 5: August o Staff update on public meetings conducted to date. o Review level of service and funding mechanism preferences. o Present/discuss DRAFT findings and recommendations for consideration by the group. 1-19-2021 DRAFT • Meeting 6: September o Summary of key points, public input, committee milestones o Final Recommendation for City Council consideration. MEMBERSHIP: 18 members (2) City Councilmembers (2) Greater Spokane Valley Chamber of Commerce (1) Utility Representative (2) Public Services Representative (2) Regional Transportation Representatives (3) Large Facility/Industry Representatives (2) General/Small Business Owner Representatives (1) Social Services or Nonprofit Representative (3) Citizen Representatives OUTREACH PROGRAM One -hour Program — Introduction video (5 minutes), PowerPoint Presentation (15-20 minutes), small group work (15 min), finish with reporting and survey (20 min). Meetings will be open to the public and staff -directed with support from select ad -hoc committee members. Note: The logistics of online meetings versus in -person meetings may impact this proposal as it relates to COVID-19 requirements. Potential Audiences/Venues: • Chamber -sponsored meeting open to all chamber members and general public • Chamber transportation committee meeting • School -based neighborhood meetings • Social service clubs (Rotary for example) • City Council Public Hearing Website — Set up online webpage and story map/GIS maps with information and links to online survey. Promotion —Through advertising, social media, earned media. • Including, but not limited to: quarterly newsletters, news releases, committee brochures flyers for public distribution. January 13, 2021 2021 STREETS SUSTAINABILITY COMMITTEE PLAN PROJECT/EVENT PROPOSED 2021 SCHEDULE OF EVENTS FOR THE STREETS SUSTAINABILITY COMMITTEE ORGANIZER CPW - ENGINEERING - ADAM JACKSON PROJECT PHASE STARTING ENDING COMMENTS eb 23 ept 1 CITY COUNCIL: COMMITTEE SELECTION Jan COMMITTEE MEETINGS Apr 13 CITY COUNCIL: ADMIN. REPORT Aug 24 CITY COUNCIL: RECOMMENDATION Nov 16 Aug 24 Dec 7 Draft V7 Feb 23 may be adjusted. Use Feb/Mar to create program content/format. Content/Format TBD. Intro to topic, surveys, feedback, other? Progress Report (opportunity for public comment?) Committee Recommendation to City Council Et City Council Discussion JANUARY FEBRUARY MARCH APRIL MAY JUNE SMTWTF S SMTWT F S SMTWTF S SMTWTF S SMTWTF S SMTWTF S ■ 2 123456 12345 6 123 1 1 3 4 5 6 7 8 9 7' 8, 9 110 11 1213 7 8; 9 110;1112 13 4 5 161 7 8 9 110 2, 3 4 5 6 7 8 6 17 8 9 1011 12 10 11 12 1314 15 16 14161718 1920 14 15 1617 181920 11 12 14 151617 9 110 121314 15 13'14161718 19 17 ■■ 20 21 22 23 21 22 24125126127 21 122123124 25126127118119 20 21 22 23124,16117 18 19120121122120 21 22111124125 26 d 24 25 26 2728 2930128 12829 3031 25 2627 28 29 30 23 24 25 262728 29 27 28 29 30 31 30111 JULY SMTWTF 1 2, 3 1 2 3 4 5 4■ 6 7 8 9 10 8 9 1012 11 12 I ■ 15 16 17115 16.18119 18 19 20 21 22 23 24 1 22 23 24.126 0 25 26 27 28'29'30'31 29'30 31 Holiday • AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER S SMTWT F S SMTWTF S SMTWTF S SMTWTF S SMTWTF S 1 7 8 6 7 13 14 20 27 1 5 ■ 7 9 21 12 13 1516 28119 20 21 22123 26 27 28'29'30 3 4 10; 11 3 18 1 10 25 17 24 31 4 11 18 25 2 1 2 3 4 5 6 1 9 7 8 9 10 ■ 12 13 5 6 d 8 16 14 15 16 17 18 19 20,12 1314 15 23 1 21122123 24 ■■ 27 - 19120121122 1 30128129 30 26'27'28'29 2 3 9 10 1617 23 30 ■ 4 11 18 25 5;6 1213 1415 1920 2122 26 27'28 29 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 19, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Update on the expenditure of the City's Coronavirus Relief Funds under the CARES Act for COVID-19 Costs. GOVERNING LEGISLATION: Section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (see 42 U.S.C. § 801) PREVIOUS COUNCIL ACTION TAKEN: Through eight City Council meetings from June through September, the City has allocated all available CARES funds as identified in detail below. BACKGROUND: As part of the award of nearly $300 million of the state's allocation of CARES Act funding to cities and counties, the City of Spokane Valley was allocated a total of $4,352,400, comprised of an original $2,901,600 in June 2020 and an additional $1,450,800 in September 2020. The City had a deadline of November 30, 2020 to spend all CARES funds in order to get reimbursed from the Washington State Department of Commerce. The City successfully expended and was reimbursed for the entire $4,352,400 allocation. The following table summarizes the allocations and expected expenditures of the CARES Act funding as well as the actual expenditures: Program/Purpose Service Provider Allocation/ Expected Final Allocations: Rental/Mortgage assistance SNAP $ 733,995 $ 765,205 Utility assistance SNAP $ 259,429 $ 136,442 Food security/insecurity, clothing, diapers, Meals on Wheels, Spokane $ 594,640 $ 415,617 toiletries, etc. Valley Partners Small business and non-profit grants (1) Spokane Valley Chamber $ 2,253,535 $ 2,349,137 Phase 4/Hospitality - media campaign City Staff, KREM $ 75,000 $ 75,000 School districts CVSD, EVSD, WVSD $ 415,603 $ 415,603 Total allocations City Operations Total CRF award to the City $ 4,332,202 $ 4,157,004 $ 20,198 $ 195,396 $ 4,352,400 $ 4,352,400 (1) Small business and non-profit organization grants awarded up to $7,158. There was $1,966,804 awarded to small businesses and $270,631 to non -profits over the course of two application rounds. Rent/Mortgage Assistance; Utility Assistance: SNAP administered the rental/mortgage and utility assistance programs for the City. They were awarded $993,424 of the City's CRF funds, with $733,995 for rental/mortgage assistance and $259,429 for utility assistance. Through November 30, 2020, SNAP was able to expend $901,647 in total. This included $765,205 in rental/mortgage assistance for 299 households and $136,442 in utility assistance for 249 people. Funding was adjusted to allocate more money to the rental assistance from the utility assistance due to community need. The primary reason that the total allocation for SNAP was not spent was due to time constraints and the processing time needed to verify applicants and assistance. The City received adequate notice of the amount that would be underspent from SNAP's allocation, and staff were able to reallocate that amount to provide additional funding for small business and non-profit grants. Food Security/Insecurity: This allocation was administered by Greater Spokane County Meals on Wheels and Spokane Valley Partners. Meals on Wheels was allocated emergency funding of $8,000 in April 2020 to respond to the increased demand due to COVID-19. They spent the entire allocation. Spokane Valley Partners was also allocated emergency funding in April 2020 in the amount of $25,000 with the option to allocate another $25,000 which was exercised in September 2020. They were awarded an additional $236,640 in July 2020, which included the purchase of two vehicles for mobile food delivery as well as food purchases. They also were allocated another $300,000 in September 2020 with $200,000 for food and delivery costs as well as another $100,000 for other items such as clothing, diapers, blankets, and winter coats. This brought the total allocation for Spokane Valley Partners to $586,640. Spokane Valley Partners ultimately spent $407,617 of their total allocation. They were able to purchase two refrigerated vehicles, food supplies, and other essential items such as clothing and diapers with these funds. The remaining funds were not able to be spent primarily due to inelegibilty of some proposed expenditures late in the process, and then a lack of time available to complete additional food purchases. The City used the unspent amounts on City operating costs related to COVID-19 since there was not adequate time available to reallocate this funding toward another purpose. Small Business/Non-profit Grant Program: The Greater Spokane Valley Chamber of Commerce, partnered with Greater Spokane Incorporated and Innovia Foundation, administered the small business and non-profit grant program for the City. The initial allocation for this purpose was $1,241,138 in July 2020, with $829,498 for small business grants and $411,640 for non-profit organization grants. Individual grants were for up to $7,158, and eligible applicants for the first round of grants were limited to 18 or fewer FTEs, among other requirements. Another expected $1,012,397 was allocated for a second round of grants in September 2020, and the eligibility criteria was expanded to increase the number of FTEs to 49 or fewer for for -profit businesses and no limit for non -profits. The total anticipated allocation for the grant program over the two rounds was $2,253,535; however, Council authorized that additional amounts could be allocated to this program if needed in order to use the entirety of the CRF funds. The Chamber spent a total of $2,349,137, which included $1,966,804 for 315 small business grants and $270,631 for 39 non-profit organization grants. City staff were able to redirect unspent amounts from the rental/mortgage assistance and utility assistance program for additional grants, which is why the total spent is more than the expected allocation. Phase 4 Hospitality — Media Campaign: The City contracted with KREM marketing to prepare materials and run ads promoting visitors to come to Spokane Valley in the amount of $75,000. KREM and the City's Economic Development Division worked together to implement an advertising campaign promoting recreational opportunities in or near Spokane Valley which included in part advertisements on Facebook and Instagram, email marketing, and two 30-second video commercials. This advertising campaign ran from September 7th to October 31st and generated over 7,000 website visits in seven weeks. School Districts: The City's initial school assistance of $135,281 in July 2020 was split between the three school districts in the City based on approximate attendance numbers with Central Valley School District receiving $67,641 and East Valley and West Valley School Districts each receiving $33,820. In September 2020, an additional $100,000 was allocated to Central Valley and an additional $180,322 was allocated to East Valley. This brought the total school assistance allocation to $415,603. The entirety of this allocation was spent on PPE for the school in order to assist with bringing children back to in person education. City Operations: The City spent $195,396 for operating expenditures related to COVID-19. This included costs for items such as PPE and cleaning supplies for City facilities, equipment and software necessary to allow remote work and virtual meetings, and equipment necessary to allow for proper social distancing in City facilities. There was also a portion of law enforcement payroll costs reimbursed through the City's CRF funds. City staff would like to thank all of our partners that administered the various programs with the CRF funding. This funding was under strict elibility guidelines and shortened timelines that made running these programs a challenge for everyone involved. Without the support and expertise of our partners, the City would not have been able to get the $4,352,400 in funding out into the community where it was needed. OPTIONS: N/A — This is an update on how the City's CRF allocation was spent. RECOMMENDED ACTION OR MOTION: None BUDGET/FINANCIAL IMPACTS: The City was allocated $4,352,400 in CRF funds through the CARES Act that were passed down through Washington State. This grant was able to be used on a reimbursement basis to address the impacts of the COVID-19 pandemic in the City. These funds were not allowed to be used for expenditures already included in the City's 2020 Budget. The allocation and related expenditures were amended into the 2020 Budget. STAFF CONTACT: Chelsie Taylor, Finance Director; Erik Lamb, Deputy City Attorney; ATTACHMENTS: • PowerPoint Presentation CARES Act Funding: Update on Expenditures Chelsie Taylor, Finance Director Erik Lamb, Deputy City Attorney City of Spokane Valley - Office of the City Attorney r CARES Act Funding City awarded total of $4,352,00o CARES funding $2,901,600 in June, 2020 $1,450,80o in September, 2020 Intended to address impacts in community from the COVID-19 Pandemic and associated governmental response Required to be spent by November 30, 2020 City allocated, expended, and was reimbursed for full $4,352,000 iyaI1ocations and expend tures Program/Purpose Service Provider Allocation/ Expected Allocations: Rental/Mortgage assistance Utility assistance Food security/insecurity, clothing, diapers, toiletries, etc. Small business and non-profit grants Phase 4/Hospitality - media campaign School districts Total allocations City Operations Total CRF award to the City SNAP SNAP Meals on Wheels, Spokane Valley Partners Spokane Valley Chamber City Staff, KREM CVSD, EVSD, WVSD 733,995 259,429 594,640 2,253,535 75,000 415,603 $ 4,332,202 $ 20,198 $ 4,352,400 Small business and non-profit organization grants awarded up to $7,158. There was $1,966,804 awarded to small businesses and $270,631 to non -profits over the course of two application rounds. Final $ 765,205 $ 136,442 $ 415,617 $ 2,349,137 $ 75,000 $ 415,603 $ 4,157,004 $ 195,396 $ 4,352,400 Rent/Mortgage Assistance Administered by SNAP $9o1,647 total expended $765,2o5 for rental/mortgage assistance for 299 households $136,442 for utility assistance for 249 people Food Security/Insecurity $8,000 to Meals on Wheels in April, 2020 Large program administered by Spokane Valley Partners $407,617 total expended Purchased two refrigerated vehicles, food supplies, and other essential items and distributed to community Small business/non-profit Grant Program Administered by Greater Spokane Valley Chamber of Commerce, partnered with GSI and Innovia Foundation $2,349,137 total expended $1,966,804 awarded for 315 businesses (awards up to $7,158) $27o,631 awarded for 39 non-profit organizations (awards up to $7,158) Phase 4 Hospitality —Media Campaign City contracted with KREM Marketing City Economic Development worked with KREM to implement advertising campaign directed at hospitality industry Advertisements, email marketing, and commercials from September 7 through October 3ist $75,00o expended School Districts $415,603 total allocations to school districts for variety of personal protective equipment to assist in bringing children back to in -person education Central Valley - $167,641 East Valley - $214,142 West Valley - $33,82o City Operations $195,396 for variety of operating expenses PPE and cleaning supplies Equipment and software to allow remote work and virtual meetings Equipment for social distancing requirements at City facilities Law Enforcement payroll costs Thank You to Our Partners SNAP Meals on Wheels Spokane Valley Partners Greater Spokane Valley Chamber of Commerce GSI • Innovia Foundation • KREM Marketing • Central Valley School District • East Valley School District West Valley School District Spokane Valley Police Department City Council Washington State Department of Commerce To: From: Re: DRAFT ADVANCE AGENDA as of January 14, 2021; 8:00 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings Jan 26, 2021, Regular Meeting Format, 6:00 p.m. [due Tue Jan 19] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. 2nd Reading Ordinance 21-002 Montgomery & Bessie Street Vacation STV-2020-0002— CLange (10 mins) 3. Motion Consideration: Potential Grant Opportunity, Local Bridge Program — Adam Jackson (10 minutes) 4. Motion Consideration: Potential Grant Opp, National Hwy System Asset Mgmt — A. Jackson (10 minutes) 5. SCLD Update — Patrick Roewe, Spokane County Library District 6. Report on Bid Award, Barker Grade Separation Project — Bill Helbig 7. Advance Agenda — Mayor Wick 8. Info Only: Department Monthly Reports 9. Info Only: Department Quarterly Reports (20 minutes) (15 minutes) (5 minutes) [*estimated meeting: 75 mins] Feb 2, 2021, Study Session, 6:00 p.m. 1. Proposed Amendments to SCLD Interlocal Agreement — Cary Driskell 2. Proposed Amendments to SVMC: Solicitation from Vehicle Occupants 3. Advance Agenda — Mayor Wick Feb 9, 2021, Regular Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion Consideration: Streets Sustainability Committee Membership 3. Motion Consideration: SCLD Interlocal Agreement — Cary Driskell 4. Advance Agenda — Mayor Wick Feb 16, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick Feb 23, 2021, Regular Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Advance Agenda — Mayor Wick 3. Info Only: Department Monthly Reports Mar 2, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick — Cary Driskell [due Tue Jan 26] (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 25 mins] [due Tue Feb 2] (5 minutes) — Bill Helbig, Adam Jackson (20 min) (10 minutes) (5 minutes) [*estimated meeting: 30 mins] [due Tue Feb 9] (5 minutes) [due Tue Feb 16] (5 minutes) (5 minutes) [*estimated meeting: 10 mins] [due Tue Feb 23] (5 minutes) [*estimated meeting: 5 mins] Mar 9, 2021, Regular Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Potential Grant Opp — SRTC Preservation Call for Projects — Adam 3. Advance Agenda — Mayor Wick [due Tue Mar 2] (5 minutes) Jackson (10 minutes) (5 minutes) Draft Advance Agenda 1/14/2021 11:04:07 AM Page 1 of 2 Mar 16, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick Mar 23, 2021, Regular Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion Consideration: Potential Grant Opp — SRTC Preservation Ca11 3. Advance Agenda — Mayor Wick 4. Info Only: Department Monthly Reports Mar 30, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Abandoned Vehicles / Parking in ROW Appleway Trail Amenities Arts Council Sculpture Presentations Artwork & Metal Boxes Core Beliefs Resolution Flashing Beacons/School Signage Health District Stats Mirabeau Park Forestry Mgmt. Park Lighting PFD Presentation SPEC Report/Update SRTC Interlocal Agreement St. Illumination (owners, cost, location) St. O&M Pavement Preservation Vehicle Wgt Infrastructure Impact Water Districts & Green Space Way Finding Signs [*estimated meeting: 20 mins] [due Tue Mar 9] (5 minutes) [due Tue Mar 16] (5 minutes) for Projects — A. Jackson (10 minutes) (5 minutes) [*estimated meeting: 20 mins] [due Tue Mar 23] (5 minutes) Draft Advance Agenda 1/14/2021 11:04:07 AM Page 2 of 2