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2007, 08-13 Special Meeting
a 00 AGENDA SPOKANE VALLEY CITY COUNCIL SPECIAL MEETING Monday, August 13, 2007 6:00 p.m. Spokane Valley City M14 Council Chambers 11707 E Sprngue Avenue, Spokane Valley, WA 99205 Call to Ordet by Mayor Diana WiNte Ar,enda Topics: 1. Discussion: CouncillStaff Discussion/Dclibcrntion: Uniform Developnwnt Cods Titles Adjoununent NG►'t'ICE. tndlvidaata ptarming to attend ft aweling wbo requim apalal mince to aunmmxWe phnvkol, having, cx odwr ImpokmeaM please ammct the City Clem at (u)(1) 921-1010 as Loon si po:dIhte to that a rwWcmmts my be a nde. Special Meeting Agenda QW 13-07 Page 1 of I >I r CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 31, 200 Item: Check all that apply: ❑ consent ❑x old business ® new business ❑ public hearing 0 information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Administrative Report: Policy Issues & Progress Report: Title 22 Development Standards. GOVERNING LEGISLATION: RCW 36.70, WAC 365-195-800 et seq. PREVIOUS COUNCIUCOMMISSION ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopters on April 25, 2006 and effective on May 10, 2006. The Planning Commission completed review of Title 22 and voted to forward their recommendation on July 19, 2007. BACKGROUND: The development regulations implementing the Comprehensive Plan are subject to the same requirements for early, continuous and collaborative public participation as the Comprehensive Plan. The Planning Commission has taken care to evaluate the comments submitted by members of the public in evaluating the proposals. The Planning Commission is presently working through the provisions of this title, but has reached prelirginary consensus on some issues. Title 22 - Design & Development Regulations. This Title includes concurrency, dimensional standards, off-street parking and loading, outdoor lighting, i fencing, screening and landscaping, sign regulations, wireless communication facilities, streets, sidewalks and public places, street vacations, and stormwater management regulations. Each of these is discussed in summary manner below: Concunrency This provision is required for transportation, water, wastewater, police services, fire services and schools. As drafted, concurrency for other services is optional. State law requires direct concurrency for transportation; water and wastewater are considered basic services that must be present in order to proceed with development and are therefore considered as direct concurrency. Performance Standards & Incentives (Reserved) Evacuation and Emergency Response Standards (Resewed) Off-Street Parking & Loading Standards Council has complete discretion to alter or change any of these provisions. This section provides for the number, location and dimensions of required off-street parking. It also provides for shared parking, compact cars, car and van pool parking, accessible parking, stacking and queing, parking lot design, and off-street loading, as well as bicycle parking. Outdoor Lighting Standards Council has complete discretion to alter or change any of these provisions. This section incorporates provisions of the Washington Energy Code as a requirement for outdoor lighting (except in all but one and two family dwellings), minimizing light pollution. Fencinq Screening & Landscaping Council has discretion to change any of these provisions except those established by AASHTO for clear view triangles. Allowing electric fences and under what conditions was a question raised during earlier consideration of clear view triangles. The proposed provisions identify requirements for screening and buffering that are aligned with present practice. Significant changes include establishing a point system for the minimum amount of landscaping, requiring Page 2 of 2 r 0 that landscaping design and installation be certified by a licensed landscape architect, requires additional landscaping along aesthetic corridors, provides for headlight screening, street trees, screening of loading docks, landscaping for free-standing signs, and xeriscaping. It also provides for tree preservation by providing credit against landscaping requirements for existing trees. Included are planting details and plat species recommended for this area. Sign Regulations The proposed regulations are those recommended by the ad hoc Sign Committee. The regulations have been simplified and definitions are included. These provisions anticipate that additional zoning districts will be established, include "cap and replace" for billboards established in the Comprehensive Plan. The Planning Commission did include a 1,000 foot separation requirement for billboards. Wireless Communication Facilities Council has complete discretion to alter or change any of these provisions. These provisions generally continue the previous standards. Streets Sidewalks & Public Places This section adopts existing street and sewer construction standards by reference as well as the Manual on Uniform Traffic Control Devices. It also adopts the Regional Pavement Cut Policy, clarifying inconsistencies in the policy. Council cannot modify the Regional Policy. Street Vacations State law is fairly prescriptive. This section has no changes from the existing regulations. Stormwater Management This section does not change the existing regulations. Titles 19 and 22 were submitted to the Community Trade & Economic Development Department (CTED) on January 27, 2007 not less than sixty days prior to final adoption by the City Council. OPTIONS: Approve as submitted, recommend changes or provide staff with additional direction. RECOMMENDED ACTION OR MOTION: None required. BUDGETIFINANCIAL IMPACTS: None_ STAFF CONTACT: Greg McCormick, AICP -Acting Community Development Director ATTACHMENTS: Title 22- Design & Development Standards i P. Avista's Comments Uniform Development Code Title 22 Design & Development Regulations Supplemental Information for City Council Study Session on Tuesday, July 31, 2007 Greg McCormick, Acting Conununity Development Director Section 22 60 Outdoor Lighting Avista's commentslcluestions are from: Tatty Shea, Regional Business -Manager T_,eona Doege, Demand-Side Mgmt. Program Manager 1. 22.60.20 Application Avista would like verification that this section: • Exempts public street lighting? Exempts commercial parking lots? 2. 22.60.30 General Requirements, No. 3 1 • The maximum height formula could pose problematic for Avista's area light program. According to the formula; Avista's 30 ft. area light poles can be no closer than 72 ft. from a property line, only full cutoff fixtures can be used, and the light cannot shine on public ROW. Avista can abide by this proposed design going fonvard, ho,,vever, customers may not be satisfied as to this meeting their safety needs. ties on • If this section is implemented as is, future placement of our area lighting facili distribution poles will not be allowed in mid-block easements and alleys. Also prohibited would be light poles too close to a property litre or public ROW and replacement of semi-cutoff to full cutoff light fixtures would be needed. T-low does this section affect these types of locations and placements? • Will Avista's current facilities be grandfathered? It would prove costly to us and our customers to be required to remove, replace, or relocate our current facilities. • Would this provision accommodate a petition by neighbors? 7130107 PJS Avista's Comments-Title 22-Sec. 22.60.20 & 22.60.30 outdoor bighting Standards PC Recommended Draft- COSY Uniform Development Code Title 22 Title 22 DESIGN AND DEVELOPMENT STANDARDS 22.10 Authority The following design and development standards are established pursuant to RCW 58.17, 35.A11,020, 35A.14.140, 36.70A (The Growth Management Act) and WAC Sections 365-195-800 - 865 as well as provisions of SVMC Titles 17-25. 22.20 Concurrency 22.20.010. Concurrency Determination 1. The following facilities and services must be evaluated for Concurrency a. Transportation b. Public Water C. Public Sewer d. Fire Protection e. Police Protection f. Schools 2. The City may also consider Concurrency issues for the following facilities and service: a. Parks and Recreation b. Libraries c. Solid Waste Disposal 3. The review authority shall be the Director or the Director's designee. 22.20.020 Concurrency Review AII_ project permits/project applications except for those exempt as set forth in subsection #3 below, shall be subject to Concurrency Review at the time an application is submitted. Concurrency shall be determined by evaluating the anticipated impact of the application against the Level of Service (LOS) set forth in the Comprehensive Plan. A Certificate of Concurrency issued by the Reviewing Authority shall be required prior to approval of any non-exempt application. A finding of Concurrency requires that adequate facilities are available when the service demands of development occur, or in the case of transportation "concurrent with development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six (6) years. The cumulative impact of development should be considered when making this determination. 3. The following shall be exempt from Concurrency review: a. Project permits that were issued, or project applications that were determined to be complete (see RCW 36.70B) prior to the effective date of these Concurrency Regulations. b. The first renewal of a previously issued, unexpired project permit, provided that substantial progress has been made as determined by the appropriate review authority. _ c. ' Any project permit that will have transportation impacts of less than 25 peak hour vehicular trips, and that will not change the traffic volumes and flow patterns in the afternoon peak travel period, as determined by the Development Services Senior Engineer. P:ICommunity DevelopdnentlDevelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 1 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 d. The following project permit actions: I. Boundary line adjustments; ii. Final subdivisions/Final PRO's/Final Short Plats/Final Binding Site Plans; hi. Temporary Use Permit; iv. Variances, e. Proposed project permits/project applications that do-not create additional impacts on transportation facilities. Such projects may include but are not limited to: I. Any addition or accessory structure to a residence with no change or increase in the number of dwelling units over 4 units; ii. Interior renovations with no change in use or increase in number of dwelling units over 4 units; iii. Any addition, remodel, or interior completion of a structure for use(s) with the same or less intensity as the existing use or previously approved use. 22.20.030 Pre-Application Determinations Any person may inquire about the availability of capacity prior to project permit applications but responses to such inquiries are advisory only and available capacity can only be reserved by obtaining a Concurrency certificate as set forth in this ordinance. 22.20.040 Application Procedures 1. Applications for eoncurrency review shall be submitted on forms provided by the City. a. Concurrency review shall be performed for the specific property, uses, densities and intensities, and traffic distribution information provided by the applicant/property owner and shall include any project phasing proposed by the applicant. b. The City may request additional information in order to make a determination. C. All applications shall be circulated for comment to the appropriate departments or agencies. d. The project permit may be conditioned to assure adequate facilities are available to meet the demand generated by the project. If the project is approved, a Concurrency Certificate shall be issued to the property owner, his heirs and assigns. e, If adequate facilities cannot be made available to maintain adopted Level of Service (LOS), the project application shall be denied. f. The Concurrency Certificate shall automatically be voided if the project permit has been withdrawn, expires, or is otherwise cancelled. 2. Concurrency Certificate: a Shall apply only to the specific land uses, densities, intensities and project described in the application and project permit; b Is not transferable to other property, but may be transferred to new owners of the same property; c. Shall remain valid so long as the accompanying project permit has not expired or been revoked; d. Is valid for any modification of the permits for which the certificate was issued so long as such modification does not require the applicant to obtain a new project permit. P:1Community DevelopmentTevelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 2 of of 49 IN , PC Recommended Draft- COSV Uniform Development Code Title 22 e. Shall only be issued upon payment of any concurrency fee due. 3. Any capacity that is not used because the full extent of the development is not built shall be considered available capacity. 4. Concurrency Certificate Fees. Fees for issuing concurrency certificates shall be based on the adopted fee schedule. 22.20.050 Relation to Other Requirements Compliance with or exemption from the requirements of these regulations shall not exempt a project from compliance with all other County, State, and Federal regulations. 22.20.060 Phased Development When a project is proposed in phases or construction is expected to extend over some period of time, the Applicant/Property Owner may offer a schedule of occupancy that will be used to determine the schedule of improvements that must be completed, or financially guaranteed, prior to occupancy of each phase. However, the required improvements shall be determined by analyzing the impacts estimated to be generated by the fully completed project.. 22.20.070 Conflicts Between Provisions This ordinance shall apply as an overlay and in addition to other adopted plans, ordinances and regulations affecting lands in the City. In the event of any conflict between this code and other plans, ordinances and regulations, the provisions of this code shall prevail. In the event of any conflict between this code and any development agreement which has been executed under RCW 36.70B. 170, prior to the effective date of this code, the development agreement or provisions therein shall govern and prevail during the term of the agreement. 22.20.080 Transportation Concurrency - Additional Considerations 1. Highway Capacity Manual methods selected by the City shall be used to analyze project impacts to intersections. 2. Level of service information in the Capital Facilities Plan shall be used as a starting reference to analyze project impacts. 3. Level of service information shall be updated as necessary to account for traffic levels resulting from the following: a. Traffic from newly constructed projects, b. Projects for which traffic impacts have been tentatively reserved; and c. Projects for which a Concurrency Certificate has been awarded; and, d. Non-project, general background traffic increases. 4. Level of service information shall also be updated as necessary as a result of any discontinued concurrency certificates, funded road projects or new level of service analysis. 5. Each intersection affected by proposed projects shall be reviewed and analyzed for concurrency. The applicantiproperty owner may be required to provide a traffic impact analysis if existing information does not provide adequate information for the concurrency assessment. The scope of any necessary traffic analysis shall include any intersection where the proposal contributes more than 20 peak hour trips. 6. Specific provisions application to the Sub-area corridor study (Resented) 22.20.090 Water and Sewer Concurrency Additional Considerations 1. Local water purveyors must certify to the availability of water capacity and pressure to serve new development, subject to such security as the individual purveyor may require. P:ICommunity DevelopmenttDevelopment Regulationsl3 PC Rcommendation DraftslPC Recommended Draft Title 22 07-24-07.doc Page 3 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 % ° 2. Spokane County must certify to the availability of adequate sewer collection and treatment capacity: a. at the time of completion/occupancy, or b. be located within the Spokane County six-year (6) sewer capital improvement program, as adopted. 3. New development located within a six-year (6) sewer capital improvement program area may install septic systems on an interim basis until such time as sewer service is available. All new development shall install dry line sewers and double plumbing if the new development will rely on an interim septic tank/drain field system rather than being connected to a live sewer. Once sewer service is available, the development shall be required to immediately connect to the County's sewer system. 22.30 Performance Standards & Incentives (Reserved) 22.40 Evacuation and Emergency Response Standards (Reserved) 22.50 Off-Street Parkinq & Loading Standards 22.50.010 Purpose The purpose of these standards is to provide safe on-site circulation for motorists, bicyclists and pedestrians and to provide adequate parking, pedestrian facilities and access. 22.50.020 Vehicle Parking 1. Rules for Computing Number of Parking Spaces, shown in Table 22.50-2. The number of required off-street parking spaces shall be based on the following: a. "Floor Area° shall mean the gross square feet of the specific use. b. Where fractional spaces result, the parking spaces required shall be constructed to the nearest whole number. c. Uses not specified in Table 22.50-2 shall provide parking based on a use of similar nature. d. New Construction: Prior to occupancy of a new structure within any zoning district, off-street vehicle parking shall be provided in accordance with Table 22.50-2. e. Expansion of Existing Use: Prior to occupancy of an expanded (enlarged) floor area, off-street vehicle parking shall be provided in accordance with Table 22.50- 2 based on the expanded square footage, f. Change of Use. If the minimum number of vehicle parking spaces required for the change of use added to the existing on-site parking supply falls short of the minimum number of vehicle parking spaces required for the project as a whole, the applicant shall provide additional spaces to bring the total supply up to the minimum required. g. In the case of multiple-use occupancies, other than shopping centers, in a building or on a lot, the total requirement for off-street parking shall be the sum of the requirements for the various uses computed separately. h. Tandem spaces shall not count as required parking. i P:1Community Development\Development Regulationsl3 PC Rcommendabon Drasts\PC Recommended Draft Title 22 07-24-07.doe Page 4 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 ~J 2. Location of Parking Spaces, exCapt as follows: a. For nonresidential uses, required off-street parking shall be located in the same zone or in a zone which allows the use for which the parking is required. b. All parking spaces required herein shall be located on the same parcel with the building or use served unless: i. The parking is located on a contiguous parcel or parcels under the same ownership and title notice is filed identifying the parking serving the other building or use; or ii. If the required parking for a building or use is located on a parcel(s) other than described in a. above, the owner of the parcel upon which the proposed parking is located executes a joint parking agreement in a form acceptable to the City Attorney, stating that the parcel is devoted in whole or in part to required parking for the use of a parcel or parcels under separate ownership. The agreement shall be binding on both properties and shall be recorded with the Spokane County Auditor's office and filed with the Spokane Valley Department of Community Development. iii. Where shared parking is proposed, the minimum number of parking spaces for all shared uses shown on Table 22.50-2 shall be calculated. VAhen these totals are applied to the percentages shown on Table 22.50-1, the minimum number of parking spaces required is the largest sum of the individual totals for each time period. Table 22.54-1 Shared Use Allowances Weekdays Weekends EF nd Use n 1:00 am - 7:00 am 7:00 am - 6:00 m 1:00 am - 7:00 am 7:00 a,- 6:00 6:00 pm - 1:00 am 55% 1 100% 0°/0 15% 1 0% Retail Sales 8 services 1 Restaurant not 24 hr 0% 20% 100% 70% 80% 100`P° 0% 1 30% 1 100% 75% 60% 100% Residential 100% 60% 100% 100% 75% °5°/4 Thea{re 0°75 50% 100% 60%. 100% Hotel - Guest Rooms I 100% 551Y0 100°15 I i00% ( 55% $00% Tavem/Bar/Loun a 100% 55% 100 i0 100 55% 100% Conference Rooa-ns 0% 100%k 100% 0% 101)°k 100°0 Religious Institution 0% 25% 150% 0% 140% 50% c. Up to fifty percent (50%) of the parking facilities required by this chapter for a "daytime'use" may be provided by the parking facilities of a "nighttime" use or vice versa, provided that the parking area shall be subject to a reciprocal parking agreement and the conditions set forth herein. d. Up to one hundred percent (100%). of the weekend and/or nighttime parking facilities required by this chapter for a church, auditorium, stadium, and/or other assembly areas incidental to a public or private schools may be supplied by parking facilities required for school use. P:1Community Development0evelopment RegulationsL3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 5 of of' 49 PC Recommended Drag- COSV Uniform Development Code Title 22 '1- Table 22.50-2 Required Parking Spaces for Specific Activities x u~ v L) Last updated 3127106 Required Parking a a z z 11 115 Agricultural processing plant, warehouse 1 per employee 62 52191 Ambulance service 1 per ambulance plus 1 per em to ee'on Ghe largest shift 54 54194 Animal dinir-Neterinary 1 per 250 sq. ft, of gross indoor floor area 31 311 Animal Processing Facility 1 per employee 44 442-443 Appliance and furniture saleslserv6ce 1 per 1,000 sq. ft display area. 62 •623312 Assisted Living Facility 1 per 4 residents plus 11staff on largest shift. 44 441 Aucdon yard (excluding livestock) i per 300 gross square feat 71'61 711 Auditoria, theatres, stadia (incl. religious 1 Per 4 fixed seats or 1 per 150 sq. ft. of floor area sanctuaries) 92 922 Automobile impound yard 1 per 500 gross square feet of building area plus i per 5,000 gross square feet of outdoor storage area 48 4853 Automobile sales/rental i per 440 gross square feet of inside display area, 1 per 2,000 gross square feet of outside display area, 81 811121 AutomobileltrucklRV/motorcycle service, 1 per 300 gross square feet plus 2 per service bay (each painting, repair, body and fender works space in a service bay counts as a parsing space 52 52211 Bank, savings/loan and other financial 1 per 250 gross square feet institutions 6 i 6121 Barberbeauty shop 1 per chair and 1 per employee 72 72 i 1911 Sad and Breakfast 1 per guest room in addition to resident parking 71 71395 Bowling alley 2.5 per lane, except when located in a shopping center I 31 31212 Brewery, winery andlor distillery 1 per each employee on the maximum shift plus 1 space per 4 seats in any tasting room or other visitor facility 1 per 300 gross square feet of retail area, 1 per 1,000 gross 44 4441 Building supply 8, Home Improven-ient square feet of warehouse area, i per 500 gross square feet of assembly or light manufacturing area 56 56142 Call Center, telephone 1 per employee 71 71399 Carnival, Circus i space per 400 gross feet to area 32 3219 Carpenter Shop, 1 per 600 gross square feet 81 811182 Can~rash, self service 2 spaces for crying and cleaning purposes per stall, plus 3 reservoir spaces in front of each stall 71 7132 I Casino 1 per 50 gross square feet of dining, bar , gaming and dance . space, plus 1 per 2 employees 61 6113 I College or university 1 per 600 cross square feet of classroom and 1 per 5 seats in principal assembly room, 81 8134 Community hall, club or lodge i per 200 gross square feet 81 8134 Community recreational facility 1 per 200 gross square feet 62 ( 6232 Community residential facility 2 plus 1/employee on maximum shift 56 56173 Composting storage/ processing, 3 plus 1 per each employee commercial 23 238 Contractors yard 1 per employee 62 623 Gonvalescent home, Nursing home 1 per 2 beds i per 350 gross square feet, plus 2,5 seats of on-site seating, 44 44512 Convenience Store but not less than 10. Service area at gas pumps shall not be counted as arcin spaces 62 624410 Day care, Child 8 Adult 1 per each employee, plus 1 per 10 children or adults Dry cleaning, retail The greater of 3 spaces or 11304 square feet except where located in a shopping center. 811 6123 Dry cleaning, laundry, linen supply plant, 1 per 600 gross square feet commercial 81 814 Dwelling, accessory apartments 1 per dwelling unit PACommunity DevelopmentTevelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 6 of of 49 PC Recommended Draft- COSV Un4orrrl Development Code Title 22 0 L v z Last updated 3127106 Required Parking 72 7213 Dwelling, Congregate 1 per sleeping room 81 814 Dwelling, Multifamily Studio and 1 bedroom 1 per dwelling unit, plus 5% of total for guests Two or more Bedrooms 1.5 per dwelling unit, plus 5% of total for guests 81 814 Dwelling, One and 2 family, townhouse 2 per dwelling unit 33 334-335 Eleovrical/electroniGcomputer component & system manufacturing/assembly 1 per 600 gross square feet 71 ( 713 Entertainment/recreation facilities, Indoor 1 per 200 gross square feel, except when located in a shopping center 71 71391 Entertainment/recreation facilities, outdoor 71 Golf course 4 per hole 71 Golf driving range/training center c per designated drving station on driving range and i per 500 square feet of putting/chipping green Skating rink i per 200 gross square feet Sports field 20 per acre of site I Swimming poof/Jacuzzi 9 per 100 gross square feet of pool area Tennis, racquetball and similar courts 2 per court 53 5323 Equipment Rental shop 1 per 30D gross square feet of retail, office or shop use per 1 per 1,000 gross square ferret of outdoor storage or display area "01 81111 Equipment sales, repair, and maintenance 3 plus 1 per employee 72 7222213 Espressoll-atte Stand 1 plus 1 per employee 71 713=4 Exercise facilitylgym athletic club 1 per i00 gross square feet Fire Station 1 space per employee or. the maximum shift 4a 484 Freight forwarding 1 per 20DD sq, ft. 44 447 Fueling Station i per 4 pumps 81 81221 Funeral home i per 5 seats in largest chapa I, plus i space per employee, . plus 1 space for each facility vehicle i1 1114 Greenhouselnursery- commercial 1 per 400 gross square feet of indoor retail, 1 per 1,000 gross square feet of outdoor display or storage area 62 6221 ( Hospital 1 per patient bed 72 7211 Hotellmatel -1-Leer guest room in addition to resident parking 81 81291 KennelVanirnal boardinglsheiter 3 plus 1 er each employee 54 Laboratories I 1 per 600 gross square feet of ofirce, 1 per 600 gross square feet of laboratory or shop area 44 4419 Landscape Wateriats Sales: 3 plus 1 per employee 6 i 812310 Laundromat i per 250 square feet 6 i 814 Manufactured (mobile) home park 2/du plus 5% total for guest parking 31i-33 I rdanufacturing 1 per 1,000 gross square feet or 1 per each 3 employees on a maximum shift 62 6211 Mied'ocal Clinic 1 per 200 gross square feet 23 238115 Model Home Sales 1 space per 2,000 gross square feet of sales area 44 4413 Motor vehicle parts salesls-ervice 1 per 300 sq. ft. 71 71211 Museum, Libraries 1 per 800 gross square feet 56 5611 Office, professional and general 1 per 250 gross square feet 49 491 Post Office, postal center 1 per 200 gross square feet of floor area plus 1 employee 55 56143 Print shop 1 per 400 gross square'fee 71 71i212 Racetrack i space per each 4 fixed seats 72 7212 Recreational vehicle parVcampground i per RV parklcampsite 44 44121 Recreational vehicle sales & service 1 per 3,000 gross square feet of display area 72 722 Restaurant 1 per 200 gross square feet, except when located In a PACommunity Developmen'loevelopment Regulationsl3 PC Rcommendation DraftslPC Recommended Draft Title 22 07-24-07.doc Page 7 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 x 0 0 Mast updated 3!27!06 Required Parking C C z z shopping center 44-45 indoor Retail sales 1 per 200 gross square feet, except when located in a , shopping center 1 per 5,000 gross square feet of retail sales area In addition to 44-45 Retail sales, outdoor any parking requirements for buildings, except when located in a shopping center 61 6111 Schools - public and private - 7 thru 12 1 per classroom, It per each employee and 1 space per 4 seats in auditorium or assembly room 61 6111 Schools - public and private - K thru 7 2 per classroom and 1 per each 2 employees 61 5114 I Schools, Professional, vocational & trade 1 oer each 3.5 seats in classroom area schools 4.5 per 1,000 square feet of gross leasable area (GLA) for centers ha'vdng GLA less than 400,001) dross square feet, and Shopping Centers 5 per 1,000 gross square feet of GLA for centers having a GLA of over 400,040 gross square feet Showroom, industrial 1 per 500 gross square feet of display area 61 812 Services, retail. 1 per 250 sq. ft except when located in a shopping center. 56 56292 Solid waste recycling/transfer site 3 plus 1 per each employee 61 61 162 Specialized tralningliearning scnaols or 1 space per 300 gross sauare feet studios 45 454 Storage, general - indoors , warehousing 1 per each 3,500 gross square feet 45 454 Storage, general - outdoors, display 3 plus 1 per each employee 31 3152 Personal Services 1 per 250 sq. ft 72 72^c4 Tavern 1 per 2100 cress square feet, except when located in a shopping center 48 485, Transit center 1 per each 244 gross square feet 49 49311 Warehousing ( i per each 3,500 gross square feet 56 55292 I Wrecking, recycling, junk and salvage 1 per each employee plus 3 visitor spaces 1 yards .1 4. Off'-Street Parking Design Standards and Minimum Dimensions Table 22.50-3 Parking Minimum Design Requirements Standards Parking Angle ( In degrees) Stall Projection Minimum Stall Width I Minimum, Stall Depth Minimum Aisle Width D A SP g C One Way TWO Way 0 (parallel) 6'6° 22' 20' 20' 30 17'0" 8'6" 17' 20' 1 20 45 1 12'0" 6'6' 17'e6' 20' 1 20' 50 11'1" 8'5" 18' 20' 20' 5.5 10'5' 8'6" 1816" 20' 20' 60 916' 8'6" 19' 20' 20' I 65 9'5" 5'6' 19'6" 120' 21' 70 9'1" 8'6" 19'6' 20' 21'6' 75 8'10" 8'6" ( 19' 20 22' 90 8'6" 816" 181 20' ( 22'6" PACommunity DevelopmentlDevelopment Regulationsl3 PC Rcommendation DraftskPC Recommended Draft Title 22 07-24-07.doc Page 8 of of 49 PC Recommended Drag- COSV Uniform Development Code Title 22 Figure 22.50-1 Calculation of Parking Spaces I a s ~ 5. Compact Car Allowance a. A maximum of thirty percent (30%) of the total required off-street parking stalls may be permitted and designated for compact cars. b. Each compact stall shall be designated as such, with the word 'COMPACT" printed onto the stall, in a minimum of eight (8) inch letters and maintained as such over the life of the use of both the space and the adjacent structure it serves. c. Dimensions of compact parking stalls shall be eight (8) feet by seventeen (17) feet. d. Compact spaces shall be designated in one specific area of the off-street parking facility. 5. Carpool Vanpool Parking a. New office and industrial development, with fifty (50) or more required parking spaces, shall designate at least five percent (5%) of the spaces for employee carpool or vanpool parking. Employee carpool and vanpool parking shall be located closer to the building entrance or the employeelentrance than other employee parking with the exception of accessible parking. The carpoollvanpool spaces shall be clearly marked `Reserved CarpoolNanpool Only. 7. All traffic circulation lanes and fire lanes must be maintained free and clear of merchandise, carts and any other materials to allow for emergency access. 8. Accessible Parking. The intent of this section is to comply with American Disabilities Act by allowing a person with a physical disability to independently get to a site, facility, building or element (American National Standards Institute, Inc.). a. Location. Accessible parking spaces shall be located on the shortest accessible route of travel from adjacent parking to an accessible building entrance. Where buildings have multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrances. P:1Community Development0evelopment Regulationsl3 PC Rcommendation DrpftslPC Recommended Draft Title 22 07-24-07.doc Page 9 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 ` b. Hospital outpatient facilities. Ten percent (10%) of patient and visitor parking spaces provided shall be accessible. c. Rehabilitation facilities and outpatient physical therapy facilities. Twenty percent (20%), but not less than one (1) of the portion of patient and visitor parking spaces shall be accessible. d. Van spaces. For every six (6) or fraction of six (6) accessible parking spaces, at least one (1) shall be a van-aocessible parking space. O ~ ex's Sr R x ~sYx.4P?z.{' L rrci 0~1+ a v;n Pj 132min 96 min I, 3350 2440 Figure 22.60-2 e. Accessible car and van parking space size shall be as follows: i. Car parking spaces shall be 8 feet (96 inches) minimum in width ii. Van parking spaces shall be 11 feet (132 inches) minimum in width. EXCEPTION: Van parking spaces shall be permitted to be 8 feet (96) inches minimum in width where the adjacent access aisle is 6 feet (96) inches minimum in width. Table 22.50-4 Accessible Parking Spaces Required TOTAL PARKING SPACES PROVIDED MINIMUM NUMBER OF ACCESSIBLE SPACES 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 10110150 5 155 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total More than 1,000 20, plus one for each 100 over 1,000 i P:\Community Development0evelopment Regulations%3 PC Roommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 10 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 22.50.030 Stacking and Queuing Requirements 1. Driveway stacking length for individual uses is the distance between the street right-of-way line and the proposed use the minimum length of driveway stacking for drive-through windows shall be as follows; Table 22.50-5 Minimum Stacking Lane Length (in Feet) Use Stacking Lane Guidelines Drive-in banks 1507 service terminal Automated teller (ATIJ) I Wiservice terminal machines Drive-in cleaners, repair services 50' Drive-thru restaurants 150' Espresso stands 75 Automated car wash 75'Avashing unit Controlled Access Parking 1007entry driveway Driveway stacking length for multi-use properties is the distance between the street right- of-way line and the near side of the first intersection interior aisle or parking stall. In order to prevent stacking within the public street, the total number of driveways accessing a public street is divided by the total number of parking spaces, establishing the minimum length of driveway stacking as follows: 1 Table 2.2.50-6 Parking Lot Stacking I IFlll~h II l i l l i~ ~IIi(~ 11 n•nt I L\ 3.~~ 50 MR pw._~r .=ELL fl 50-`DO 6°k4E5 PE? No. of Spaces (Per Drlve-nay) 10inimum Stacking (Length in feet) Less than 5D 18 50 to zoo 50 More than 200 78 The City of Spokane Valley Development Engineering Department may require a traffic study to determine the stacking and queuing requirements for such uses that include, but are not limited to, service stations, drive-thru restaurants, drive-in banking, etc. 22.50.040 Off-Street Loading 1 t~ jc-~r. 7 _ F6)) I U d I! ~ Figure 22.50-3 1. Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel/motel, industrial or any other use similarly PACornmunity DevelopmentlDevelopment Regulations\3 PC Reommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 111 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 involving the receipt or distribution by vehicles or materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements: a. Off-street loading spaces shall measure as follows: i. When one space is required it shall measure rivelve (12) feet wide, thirty (30) feet long and fifteen (15) feet high (if a dock). ii. When two (2) or more spaces are required they shall measure twelve (12) feet wide, sixty (60) feet long and fifteen (15) feet high (if a dock). b. Loading facilities located on the side of a building but not facing a street shall be set back from the front property line a minimum distance of sixty (60) feet. c. Driveways, aisles and maneuvering areas shall be designed to accommodate the largest vehicles that would normally be expected to use those particular driveways, aisles and maneuvering areas. The turning radius shall be a minimum of thirty (30) feet and the driveway aisles shall be a minimum of twenty four (24) feet. d. Whenever possible, the site should be designed for counterclockwise circulation of large trucks as led turns and left-hand backing maneuvers are easier and safer since the driver's position is on the left-hand of the vehicle. e. All parking, loading and maneuvering of trucks shall be conducted on private property. f. Required passenger vehicle parking shall not be allowed Mithin the truck dock apron space. g. The minimum number of off-street loading spaces shown on the following table are required: Table 22.50-7 Loading Spaces Required Use! Gross Square Feet Required Loading spaces Industrial, manufacturing wholesale, warehouse, similar uses 10,00-40,000 square feet 1 space 40,001-50.0D0 square feet 2 spaces 60,001-1100,000 square feet 3 spaces over-500,000 square feet 1 space for each 50,000 square feet or part thereof Hotel/motel, restaurants 20,0D0-60,000 square feet 1 space 60,001-100,000 square feet 2 spaces over 100,000 square feet 1 space for each 50,000 square feet or part thereof Hospitals, convalescent/nursing homes & similar institutions 10,000-40,000 square feet 1 space 40,000-100,000 square feet 2 spaces over 100,000 square feet 1 space for each 50,OOD square feet or par, thereof Department stores, retail and other commercial uses 10,000-20,000 square feet 1 space 20,001-50,000 square.feet 2 spaces 50,001-100,000 square feet 3 spaces over 100,000 square fee, i space for each 50,000 squarefeet or part thereof 13:1Community Development0evelopment Regulationsl3 PC Rcommendation DraftslPC Recommended Draft Title 22 07-24-07.doc Page 12 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 2. Screening of Off-Street Loading Areas a. Off-street loading spaces and apron space shall not be located on the street side of any building. In those instances where three (3) or more sides of the building face dedicated streets, loading spaces and apron space shall be located at the rear or side of the building and screened from view of the abutting streets for a minimum of thirty-five (35) feet in accordance with the provisions of 22.70.030(7) of this Code. : b. No loading dock or service bay door shall be constructed on any portion of a front wall or on a side or rear wall within sixty (60) feet of any front property line or adjacent to street 22.50.040 Bicycle Parking Bicycle spaces are individual units within ribbon racks, inverted "U" racks, locking wheel racks, lockers, or other similar permanent structures accommodating five (5) or more bicycles. 1. Bicycle racks andlor storage shall be provided when twenty-five (25) or more parking spaces are required, at a ratio of one (1) rack for every twenty-five (25) parking spaces. 2. Required bicycle parking must be located within fifty (50) feet of an entrance to the building or use. 3. If bicycle parking is not visible from the street, a sign must be posted indicating the location of the bicycle parking spaces. 4. All bicycle parking must be separated from motor vehicle traffic by a barrier, curb, post, bollard or other similar device. 5. The property owner of a site shall have a continuing obligation to properly maintain any bicycle parking facilities on their property. 22.50.050 Landscaping in Parking Areas See SVMC 22.70.030(6) landscaping 22.60 Outdoor Lighting Standards 22.60.010 Purpose The regulation of outdoor lighting discourages excessive lighting of outdoor spaces, encourages energy conservation and prohibits lighting creating a nuisance for adjacent property owners, 22.60.020 Application The requirements of this chapter and the Washington Energy Code (WAC 51.11) apply to outdoor lighting requirements for all development except one and two family dwellings and public street lighting. 22.60.030 General Requirements The installation of new outdoor lighting or the extension, modification or expansion of existing outdoor lighting is subject to the following requirements: 1. The lighting allowance for covered parking, open parking and outdoor areas shall not exceed 0.20 watts per square foot of lot area, provided however, that the allowance may be increased to 0.30 watts per square foot for covered residential parking when ceilings and walls are painted or stained with a reflectance value of 0.70 or higher. 2. The lighting allowance for building exteriors, including landscaping lighting, shall not exceed either 0.25 watts per square foot of building fagade or 7.5 watts per linear foot of building perimeter. P:lCornmunity DevelopmentkDevelopment Regulationsl3 PC Rcommendation DraftslPC Recommended Draft Title 22 07-24-07.doc Page 13 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 3. The maximum height of pole mounted outdoor lighting fixtures shall not exceed forty two feet (42'-0°) in Regional Commercial and Industrial zoning districts and thirty five feet (35r-0') in all other districts. 4. All outdoor lights shall include a light source and reflector that control the light beam so that no light extends across any bounding property line between incompatible uses above a height of three feet (3'-0"). Ox UN AC CCPTABLE u. sir ~!/rr rtt~~ \ i~J Jr ~r r r . 1 pry. ~ ~ JJ J J I I 1 1 ~ l \ \ ~ \ v \ r -Your peeperty --i-lfefghbara Property lip 1CCEPT'AJ3iir MLOCKC0 LICH • / I Jrrll IS ! J ! r N r O LI' T IHOULL 4 J'r ,'f~!!7 r 1 LNGNB YrrIo TY i~ r r r I i -Y..,r Property Nafghbor'a Prapcrsy 5. Outdoor lighting fixtures shall be designed so that the light source is not visible at any bounding property line except where topographical ch-racteristics make this impossible. UNACCEPTABLE ACCEPTABLE 4~ ii iinialIIIila .Ij ' 1 i L J ~n . <IN I I I IID ,%111111110 PACommunity Development\Development Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 14 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 6. All outdoor lighting systems shall be equipped with automatic switches conforming to the requirements of 1513.6.2 of the Washington Energy Code. 7. All applications for building permits shall be accompanied by a photometric analysis of the lighting effects prepared by a qualified engineer. 8. The mounting height of walkway lighting shall not exceed twelve feet (12'-0") and all fixtures mounted at a height of more than eight feet (8'-0") shall be fully shielded. 9. Lighting designed to accent landscaping features or architectural elements, including the illumination of pole-mounted flags of the United States, shall be concealed or positioned so that the light source is not visible at adjacent property lines. 10. Lighting for Outdoor Arenas, Stadiums and Playfields shall not remain on longer than thirty (30) minutes following the end of the event. 22.60.040 Prohibited Lights The following lights are prohibited unless a temporary permit is obtained for specific events with specific times of operation: 1. Laser source light, strobe lights and similar high intensity light sources, except those associated with approved activities of the City of Spokane Valley. High intensity lights for which a temporary permit is issued shall not project above the horizontal plane nor extend into the public right-of-way. 2. Searchlights. 22.60.050 Exceptions 1. Navigation and airport lighting required for the safe operation of boats and airplanes; J 2. Emergency lighting required by police, fire, and rescue authorities. 3. Lighting for state and federal highways authorized by the Washington Department of Transportation, 4. Internal lighting of permitted signs. 5. Outdoor lighting for public monuments. 22.60.060 Temporary Lighting The Building Official may authorize temporary exceptions not to exceed thirty (30) days for good cause shown. 22.70 Fencina Screening & Landscaping 22.70.010 Purpose and Intent The use of fencing and screening reduces visual, noise and lighting impacts on adjacent properties and provides visual separation and physical buffers between land uses. It also serves to protect the health, safety and welfare of the community by eliminating dangerous conditions and preserving property values. 22.70.020 General Provisions- Fencing 1. No sight-obstructing fence more than thirty-six inches (0'-36--) in height, nor any non- sight-obstructing fence (cyclone) more than forty-eight inches (0'-48") in height may be erected and/or maintained within the required front yard of any lot used for residential purposes. 2. Any fence, wall, living plant screen or any combination thereof, erected or placed behind the minimum required front yard line may be erected or maintained to a maximum height of eight feet (8'-U") above the-adjacent grade in residential zoning districts. P:1Cornmunity Development\Development Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 15 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 3. Neither residential, commercial or industrial fencing, nor any sight obstruction including vegetation, which constitutes a hazard to the traveling public shall be permitted on any corner lot in any zone within the area designated as the "clear view triangle" as set forth below: a. A clear view triangle is a measurement applied at the intersection of two (2) streets or the intersection of an alley or commercial driveway and a street, to ensure unobstructed vision of motorists and pedestrians. Within the clear view triangle, the space between three and one half feet (3'-6') and seven feet (7'-02) above the street, or three feet (3'-0") above the sidewalk must be unobstructed and calculated as follows: Figure 22.70-2. Uncontrolled Intersection M 0Z 5o OCAL ACCESS • .r~-. `LOCAL ACS 6"7~~ . j~c., nr, RIGHr-OF -WAY CITY Rr1K7-O -WZY ii. Two-Way Stop Controlled Intersection: The right triangle having a sixteen foot (16'-0") side measured along the curb line of a local access street (or five feet (5'-0") from edge of pavement for a street with no curbs), alley or commercial driveway, and the distance shown on Table 22.70-1 based on posted speed along the side along the curb line of the r C1PH CF- RUdr-OF-WAY r FPCF-iY LN- /i FFEEW. MF-A3JFG N S TIMAMS TFC 1- NO CtF3 FfiOP iY LKE FROM T.-z EDM CF 7fC FQADWAY P:ICommunity DevelopmentlDevelopment Regulationsl3 PC Rcommendation Drafes\PC Recommended Draft Title 22 07-24-07.doc Page 16 of of 49 L Uncontrolled Intersection: The right isosceles triangle having sides of fifty feet (50'-0") measure along the curb line of each intersecting local access street (or five feet (5'-0') from edge of pavement for a street with no curbs), alley or commercial driveway (See Figure 22.70-2) ; or PC Recommended Draft- COSY Uniform Development Code Title 22 intersecting street (or five feet (5'-0°) from edge of pavement for a street with no curbs)(See Figure 22.70-3) ; or Figure 22.70-3 Two-Way Stop Controlled Intersection - - - I - • ice ~ it _ I ' . TwckrJ~ TFt=-T acufAl+ afs / aa 44 ' r Cif! FS .-CFWAY 77 :lip 8 .p I .V~jA O ND O 8 VA T. LStMFE F' CDW- r r; MA-MAT 5 1 PfgPR fT ISc R VA 7N2 f~0? 00 TF. CM R3F1T-Qe- A'AY C]I! t-012ii-or-O AY Table 22-70-1 In cases including, but not limited to, arterials with posted speeds in excess of (thirty five) 35 mph, one-way streets, steep grades and sharp curves the City Traffic Engineer will determine the appropriate measurement. Posted Speed (in MPH) Distance (in feet) 25 70 30 95 35 110 iv. Yield Controlled Intersection: For intersections of local streets with (twenty five) 25 mph speed.limits, the right triangle having a thirty-five 1 foot (36-0") side measured along the curb line or edge of pavement of r the yield-controlled street, and an eighty foot (80'-0") side measured along the curb line or edge of pavement of the intersecting street. Triangles for yield-controlled intersections on collectors or arterials, or streets with speeds higher than (twenty five) 25 mph will be determined by the City Traffic Engineer (See Figure 22.70-4) ; Figure 22.70-4. Yield Controlled Intersection 90 FT.- ao FT. Crli ' Rk n-r-or-WA.Y A . ~ ,-PROPS M. u`!E •~CL . Ui Y rRIOK-Oir-WAY CITY RIOW-CF-A'AY v. All-Way Stop Controlled: The triangle determined by the City Traffic Engineer using AASHTO sight distance requirements .for all-way stop controlled intersections. A Signal controlled intersection: The triangle determined by the City Traffic \ Engineer using AASHTO sight distance requirements for signalized intersections. P:1Community Development0evelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 17 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 , ' vii. Non-Commercial Driveway serving three or more residences: the right isosceles triangle having sides of fifteen feet (15'-0°) measured along the curb line of the street and the edge of the driveway (See Figure 22.70-5) ; or cu-M rTY FW^YT-0FW FY ?FA?Hii r LJN_ 4 a. Public utility poles; b. Trees, so long as they are not planted in the form of a hedge, and are trimmed to a height of at least seven feet (7'4") above the street surface; c. Properties where the natural ground contour penetrates the clear view triangle; d. Traffic control devices installed by the City: 5. Fences in non-residential, commercial, mixed use and industrial zoning districts shall not exceed eight feet (8'-0°) in height. 6. Barbed wire or razor wire may be used for security purposes only on the upper one- quarter (1/4) of the fence in industrial zoning districts. Barbed wire, concertina or razor wire shall not be permitted in any mixed use zoning district adjacent to any public right-of- way. 7. Electric fences maybe used for the confinement of animals provided however that: a. The fence is marked with warning signs at least twenty-four square inches (0'- 24°) in area located every one hundred and fifty feet(150'4'); and b. The electric fence is located not less than twenty four inches (0'-24") from the property line; and c. Access to the fence is limited by conventional fencing or enclosure. 8. A combination of sight-obscuring fences and landscaping shall be required between incompatible land uses as established in Section 22.70.030. 9. Fencing shall not block the view of fire protection equipment from approach. 22.70.030 Screening & Buffering 1. Applicability. The provisions of this section apply only to multi-family and non-residential projects. P:1Community Development0evelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 18 of of 49 9 0 Figure 22.70-5. Non-Commercial Driveway. Exemptions: Clear view triangle regulations of this chapter shall not apply to: PC Recommended Draft- CQSV Uniform Development Code Tifje 22 1 2. TYPE I: Full Screening a. Where required for full screening, a sight-obscuring fence shall be installed consistent with the requirements for a clear view triangle. The fence shall be at least six feet (6'-0') high and 100°x6 sight-obscuring. Fences may be made of wood, ornamental iron or aluminum, brick, masonry, architectural panels, chain link with slats, or other permanent materials, berms, wails, vegetative plantings, or some combination of these. b. The required fence shall be further screened by a mix of plantings located within a five foot (5'-0") buffer strip that are layered and/or combined to obtain an immediate dense sight-obscuring barrier of two to three feet (2-3'-O") in height, selected to reach six feet (6'-0') in height at maturity as follows: i. A mixture of conifers and deciduous trees, planted at a distance of not less than thirty five feet (35'-0") on center, with a maximum of 50% of the trees being deciduous; ii. Evergreen shrubs shall comprise at least 75% of the plantings, planted at a distance of not less than six feet (6'-0") on center; iii. A minimum of tvrenty-four (24) points of landscaping shall be installed for every twenty five linear feet (26-0") of buffer area. N. Plantings used for full screening adjacent to public or private rights-of-way shall be located outside the fence or security system. Tree Deciduous , Shrubs 0 5 Feet N 1 ra S y ~e__ . r+ rlY W -1 3~ as d Z I maximum i 0 ~ ISlght-obscuring fence Figure 22.70-6 Example of Typo I Landscaping with Sight-Obscuring Fence (not to scale) All trees and shrubs shall be planted and maintained in accordance with the standards of the American Association of Nurserymen. All newly planted trees and shrubs shall be mulched and maintained to give a clean and weed-free appearance. Figure 22.70-7 Type I Full Screening P:1Community Development0evelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 19 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 3. TYPE II: Visual Buffering. a. Where required to minimize the incompatibility between adjacent land uses, a visual screen of not less than five feet (5'-0°) in width which may consist of fencing, architectural panels, berms, walls, vegetative plantings, or some combination of these shall be installed as follows: i. A mixture of conifers and deciduous trees, planted at a distance of not less than thirty five feet (35-0°) on center, with a ma)dmum of 75% of the trees being deciduous; ii. Evergreen shrubs shall comprise at least 50% of the plantings; iii. A minimum of eighteen (18) points of landscaping shall be installed for every twenty five linear feet (25-0") of buffer area, b. All trees and shrubs shall be planted and maintained in accordance with the standards of the American Association of Nurserymen (a copy of which is on file in the Planning Department). All newly planted trees and shrubs shall be mulched and maintained to give a clean and weed-free appearance. n Tree Ikc(cuous Shrubs ;?5 feet I~ i Yimmlm I Grass Grass C) Q r Figure 22.70-8 Example of Type II Landscaping c. The buffer shall run the entire length of the abutting lot line(s). A natural, undisturbed wooded area at least twenty feet (20'-0°) in width may substitute for landscaping. 4. Full screening and buffering are required for land use classification as shown on Table 22.70-2 Table 22.70-2 Buffers Required b Type Land Use Classification Low Density Residential Medium & High Density Residential Office Commercial Corridor Mixed Use Mixed Use Center City Center Industrial Planned Residential Development I I I I I I I I Manufactured Home Paris I I 1 I I I 1 I 1 Mtediurn & High Density Residential I n/a I II II II II I Office I I nla II Na nla Fria n/a Commercial ( 1 II Na rva rua nfa nla Corridor Mixed Use I 1 n/a nla n1a rJa We rva Mixed Use Center I I Na n1a nla nfa n/a rJa City Center I I n1a n1a n1a n1a nla nla Industrial I I I I I I I nfa I - Type I- Fun 5creening II - I ype 11 visual L menng nfa - Nol appll Dia P:\Community Developmen0evelopment Regulationsl3 PC Rcommendation Drafds\PC Recommended Draft Title 22 07-24-07.doc Page 20 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 1 5. General Provisions - Landscaping a. Applicant may use any combination of planting materials to meet the requirements of this section. Points are assigned based on the following: Table 22.70-3 Landscaping point values Minimum Size (at time of planting) Type of Plant r-haterial Deciduous Trees (in caliper inches) Evergreen Trees (in feet of height) Point Value 84nch or greater 1 22 ft, and over 26 74nch 0-21 ft. 24 64nch 1,6-18 ft. 22 Large Tree 54nch 13-15 ft. 20 flinch 11-12 ft• 18 3-inch 9-10 ft. 15 Medium Tree 2-Inch 7-8 ft. 12 Small Tree Single Trunk: 1-inch 5-6 ft. 1 9 Ornamental Tree Multiple Trunk (minimum 3 trunks): Smallest trunk 1- inch caliper 5.64t 9 Large Shrub 5 gallon and 24-inch height at planting 3 Medium Shrub 3 gallon and 12-inch height at planting 2 Small Shrub 2 gallon and B-inch height at planting 1 Omamental Grasses 1 Callon `rb Gtoundcover 1 gallon 4-inch pots % Existing Trees Greater than 6-inch caliper 22 to 50 Landscaped Berm 30-Inch height; 10-foot length, 3:1 slope 1 per 5 linear ft. Turf Grass N/A % per sq yd b. Landscaping must equal or exceed a minimum number of points based on the size of the lot, parcel or tract and the number of parking spaces. Table 22.80-4 points required Size of Developed Area Number of Points Required 0-500 sq. ft. Site pcints = 10 500-2,500 sa ft Site points = 25 2,500 - 5,000 sq. ft. Site Points = 50 More than 5,000 sq. ft. Site Points = 50 plus one (1) point for each 200 SG_ ft. Of area over 5,000 sq.° Parking lots Two (2) points per required parking space and one (1) point for each proposed additional parking space P:kCommunity Development\Development Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc rage 21 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 c. An additional ten percent (10%) in the number of points shall be required adjacent to the following aesthetic corridors: • State Route 27 from 16th south to 32nd and Mansfield to Trent; • Appleway Boulevard (south side from Park to Dishman Mica); • Mirabeau Parkway from Pines to Indiana; • Dishman Mica Road from B`c" Avenue, south to City limits • 32nd Ave. within the City limits • Appleway Blvd. from Barker to Hodges d. Points for required full screening or visual buffers shall be in addition to the points required to meet landscaping requirements of this section. e. A maximum of twenty five percent (25%) of required landscape points may be claimed within the street right-of-way, f. A minimum of sixty percent (60%) of points shall be used for landscaping in the front and side yards. g. A minimum of twenty five percent (25%) of required points shall be used for evergreen plantings. h. A 'maximum of twenty five percent (25%) of required points may be used for turf grass (turf located within the street right-of-way is excluded). i. Any addition to existing building(s) or alterations to an existing site exceeding five hundred (500) square feet shall require i. One (1) point of landscaping for every tyro hundred (200) square feet of developed area, with a minimum of ten (10) points, and ii. Two (2) points of landscaping for every parking space installed for the building addition, j. The type and location of vegetation shall not interfere with utilities and the safe and efficient flow of street traffic. Approval by the appropriate City departments responsible for street and utilities shall be required. k. Any turf grass planted in the street right-of-way shall be excluded from "turf point credits. Street trees are included for point calculation. m. The use of gravel shall not satisfy the requirement for landscaping. In addition, this area shall not be hard-surfaced, other than a permitted driveway or sidewalk, and it shall not be used for parking or display. n. All. plant material planted to meet the minimum requirements of these regulations shall be in a healthy condition at the time of planting and shall meet quality standards set forth by the American Standard for Nursery Stock, o. Turf Grass shall be planted, seeded or re-seeded as necessary, watered and maintained in such a manner as to completely cover all exposed areas of soil after one full growing season, p. No disturbed ground shall be left exposed. Grass and other approved and appropriate groundcovers or mulch shall cover all non-paved and non-built developed areas. q. Landscaping may be included within stormwater facilities, providing it does not impede on functionality and is consistent with stormwater guidelines. i PACommunity DevelopmentlDevelopment Regulationsl3 PC Rcommendation Draft'sTC. Recommended Draft Title 22 07-24-07.doc Page 22 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 C/ , 6. Street Trees a. Street trees shall include deciduous trees planted in or within ten feet (10'-0") of any public or private right-of-way, planted at a distance of not less than thirty five feet (35'-0°) on center in sleeves designed to direct root development as shown in Figure 22.70-9 of this chapter. Figure22.70-9 Root Barrier for Trees planted near walkways t i i• 3-4- 514- Cf1J5MM GRAUEL c~ t_ SttA ,,7OV" OR E.UAL F='r 9ARKIEF, I;OOT 13ARPJFZK FOR PLAPTING TRI_t'_S MEAT' WALKWAYS W7 W SCALE b. If construction is adjacent to any local access, collector or arterial at least one (1) medium tree shall be planted for each forty linear feet (40'-0") or fraction thereof for that portion of the development abutting the right of way. 7. Landscaping Requirements for Parking Areas a. Headlight screening: Where parking lot design includes spaces which allow vehicles to park perpendicular to public rights of way or structures located on adjacent parcels, headlight screening shall be required. Headlight screening should not exceed thirty inches (0'-30') in height for the length of the parking area. Figure-2.70-10 Headlight Screening , b. When a parking area abuts residentially-zoned property along any interior side or rear property line, Type I Full Screening is required. c. A maximum of ten percent (10%) of the number of required parking spaces may be replaced with landscaping. Ten (10) points of landscaping shall be required for each substituted parking space. P:1Community Development0evelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 23 of of 49 C PC Recommended Draft- COSY Uniform Development Code Title 22 d. A minimum of twenty five percent (25%) of required points for parking areas shall be evergreen plant materials. e. Amount and location: i. Each parking lot island and/or peninsula shall be a minimum of one hundred thirty (130) square feet with a minimum average width of five feet (5'-0"). ii. Each parking lot island andlor peninsula shall contain a minimum of one (1) medium tree. iii. The distance between any parking space and a landscaped area shall be no more than seventy five feet (75'-0"). iv. All parking lot planting areas shall be protected with concrete curbs, or equivalent barriers. Bumper blocks shall not be used for boundaries around the landscaped area. v. All landscaping must be located between parking stalls, at the end of parking columns, or between stalls and the property line. Landscaping which occurs between the parking lot and a building or recreation area shall not be considered as satisfaction of these requirements. vi. Each tree shall be planted a minimum of two feet (2'-0°) away from the outside of any permanent barrier of a landscaped area or edge of the parking area. Trees shall be staked for a period of not less than hvelve (12) months after planting. vii. Ground cover or grasses shall be planted to cover each parking lot planting area within three (3) years from the date of issuance of the Certificate of Occupancy. All ground cover shall have a mature height of not more than twenty four inches (0'-24"). Loose rock, gravel, decorative rock or stone, or mulch shall not exceed twenty percent (20%) of the planting area. viii. Space devoted to required parking lot planting areas shall be in addition to any required front, side, and rear yard buffer requirements, ix. Stand-alone parking lots shall require three (3) points of landscaping for each parking space and shall be exempt from other landscaping requirements. f. Any construction within, expansion or reconstruction of existing parking facilities in excess of five hundred (500) square feet shall be required to come into compliance with the requirements of this chapter. g. Parking areas limited to commercial loading and truck maneuvering are limited to provision of street trees along public right-of-way, planted at intervals no greater than thirty feet (30'-0") on center. h. Modifications to protect drainage features, easements, or facilities shall be allowed. L The requirements of this section shall not apply to parking garages or parking . decks, or display areas for automotive and equipment sales and rentals. 8. Landscaping for Required for Common Open Space a. Fifty percent (50%) of the required common open area shall contain irrigated plantings. PACommunity Development0evelopment Regulations\3 PC Rcommendation DraftslPC Recommended Draft Title 22 07-24-07.doc Page 24 of of 49 PC Recommended Drag- COSV Uniform Development Code Title 22 9. Screening of Loading Docks Off-street loading spaces and apron space should be screened from view of the abutting streets for a minimum of thirty-rive feet (35'-0"): a. By a combination of permanent architectural and landscape elements such as walls, berms, trees and shrubs with a mature height of at least to the height of the top of the dock door but no greater than twelve feet (12'-0") above the truck dock apron; and b. Shall, when viewed at a perpendicular angle from the street, screen the loading spaces completely, except for driveway opening(s). 10. Landscaping Requirements for freestanding signs a. New free standing sign structures serving a new development shall provide a landscaping area as follows: i. Structures on slab: A landscape border of eighteen inches (0'-18") or more measured from the edge of slab for monument signs. ii.. Single pole structures: A landscape border not less than thirty-two square feet (32'-0") in area located eighteen inches (0'-18") or more measured from the edge of footing if flush with natural grade, or eighteen inches (18°) from the pole, provided the footing is covered with not less than eighteen inches (0'-18') of soil, iii. Multiple pole structures: A landscape border not less than sixty square feet (50'-0") in area located eighteen inches (18") or more measured from the edge of footings. The landscape border may be placed adjacent to the poles provided footing is covered with not less than eighteen inches \ f, t (0'-18") of soil. . b. New free standing sign structures located within 208 swales areas require no additional landscaping. Footings shall be installed in such a way that the bio- filtration function of the swale is not diminished. c. New free-standing sign structures located within existing developments where landscaping meets the requirements of 22.70.030(3) require no additional landscaping. d. New sign structures on a fully developed site will require minimal xeriscaping pursuant to 22.70.030(9). e. Points for landscaping of sign structures may be used to meet the minimum requirements of this chapter. 11. Xeriscaping. a. The number of required points may be reduced by up to twenty percent (20%) for use of recommended xehscape planting materials combined with decorative hardscape. Xeriscape planting materials need fewer waterings than typical lawn grasses and can tolerate, resist, or avoid drought AFTER they are established. They 'have attractive ornamental features and are relatively easy to grow. Xericape planting materials have not been invasive in local growing conditions. b. Use drip or trickle irrigation. c. Mulch with three to four inches (0'-34") of shredded or ground bark, well-rotted compost, wood shavings or chips at the time of installation. 12. Modification of Landscaping Requirement a. The Director may approve alternative landscaping proposals where: P:1Community Development\Development Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 25 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 - i. Only a portion of the parcel is being developed; ii. Landscaping would interfere with the adequate storage, conveyance, ' treatment or control of stormwater runoff or would interfere with the maintenance of stormwater facilities or natural drainage systems. iii. Applicant proposes xeriscaping in conformance with subsection 11 of this section. iv. Existing structures or improvements preclude installation of required landscaping and irrigation systems as prescribed herein. b. Where applicant proposes to preserve existing healthy trees, a credit may be applied to points for required landscaping, provided however that not more than twenty five percent (25%) of the total points may be located within the public right-of-way. Credit may be approved as follows: Table 22.70.5 Credits for Tree Preservation Size of Preserved Deciduous Tree' height of existing preserved conifer Landscape Points Applied: 6-Inch caliper 16-18 ft 25 7-inch caliper 19-21 ft. 28 8-Inch to 104nch caliper 22 -28 ft. 30 10.1-inch caliper to 15-inch OOH 29-32 ft. 35 15.1-inch to 20-inch 33-36 ft. 40 20.1-inch to 25-inch 37-40 ft. 46 Over 25-inch > 41 ft. 56 c. The decision of the Director regarding modification of landscape requirements shall be final unless an aggrieved person appeals that decision to the Hearing Examiner. . 13. Installation, Maintenance, and Enforcement a. Prior to the issuance of a certificate of occupancy a registered landscape architect will certify that the irrigation systems and landscaping has been installed in accordance with approved plans and specifications. b. The Director may authorize a delay where planting season conflicts would produce high probability of plant loss. In the event the Director authorizes a delay, a temporary certificate of occupancy not to exceed six (6) months may be issued to complete the installation of required landscaping. Maintenance of landscaping shall be the responsibility of the property owner. All landscaping required by this chapter shall be permanently maintained in a healthy growing condition. Trees that become diseased, severely damaged or die shall be removed by the owner. All trees removed under this section shall be replaced in accordance with the approved landscaping plan for the property. Lack of maintenance shall constitute a violation of this Code. a. Tree guards are to be used around the base of each tree in lawn areas. b. Trees are to be planted a minimum of four feet (4'-0") from any curb stop when ever possible, c. Landscaping must be maintained to allow fire protection equipment to be seen from approach. P:1Community DevelopmentlDevelopment Regulationsl3 PC Rcominendation Drafts\PC Recommended Draft 'title 22 07-24-07.doc Page 26 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 U d. All landscaping must provide for a three foot (3'-0°) clear area around all fire protection equipment. FaWA SAUCIER WI 3` C0.NTlWUCW5 i SPECIFiE47 PL'~x~Tl mix, WA.TEPI TA. TO REM01.1E A1R FOCK5i5 PI.ANT 50 ThA i TOP 0 5ALL 15 EVEN 1MrT11 I i;i I'Ih'ISYiyD GRADE Figure22.80-13 Example of Suggested Deciduous Tree Planting 1' T?Zf CrAIN A5 NL'f 11ARMV000 STAKES 1.3 5TArt5 2'X e' DRIVEN (MIN 151 I'!i wtTO 5U5- G3ZADE! MC TO DACK FILLING STAKE AE50VL` FI?.57 t OR A5 NLC`55A°Y N 5U. PO PIT 5: ECIPIED E A.NTING WATZ?, t TAMP TO 2EI~'~OVE AIR POCr~c~. Figure22.80-12 Example of Suggested Shrub Planting P:1Community Development\Development Regulationsl3 PC Rcommendation Dfafts\PC Recommended Draft Title 22 07-24-07.doc Page 27 of of 49 I I X @Wl UTA. t PC Recommended Draft- COSV Uniform Development Code Title 22 ' Figure22.84-14 Example of Suggested Deciduous Tree Planting IKCRFASE HEY JNIED E .zSS tElA~'E LE MATERIAL L TO PRc^%cKT Figure22.80-15 Example of Suggested Conifer Planting MUL01 °tACED TO 3' RADIU5 FRO1A4 MAIN 5TEM.. h(AL) MUL01 4' FRCM MAIL: `31'1'. ROOT CROWN 2'-4' .4$OVE FIANTING X01L GRADP. FO h4 5AL%U? NITh 3' C0NTINU01J5;.;iM iW1MI GRADE 1-1 1 UISiING 5UE G r4G- I°LANTIRG 501L I X BJ..LL DIA, PACommunity DevelopmentlDevelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 28 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 14. Landscaping Plan Requirements: l The landscaping plan shall be prepared and sealed by a registered landscape architect and include the size and type of landscaping materials, the dimensions of the tract, and a point calculation showing compliance with this provision.. 15. Recommended Planting Species: Refer to Appendix 22-A ' 22.80 - 100 RESERVED 22.110 Sign Regulations 22.110.010 Purpose, Intent and Scope Signage regulations are intended to promote commerce, traffic safety and community identity while improving the visual environment of residential, commercial and industrial areas. This code regulates permanent, temporary, and portable signs. 22.110.020 Prohibited Signs The following signs are prohibited: 1. Signs which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices. 2. Signs that create a safety hazard for pedestrian or vehicular traffic. 3. Flashing signs. 4. Portable signs 5. Signs located within the public right-of-way, except official signs, and except bus benches placed pursuant to an agreement with the City. 6. Signs attached to or placed on a vehicle or trailer parked on public or private property, provided that this provision shall not be construed as prohibiting the identification of a business or its product on a vehicle operating during the normal course of business. 7. Signs obstructing visibility within any Clearview Triangle as established in Section SVMC 22.70. 8. Billboards except when permitted as provided in SVMC 22.110.130. 9. Off-premises signs. 10. Temporary signs unless specifically allowed pursuant to SVMC 22.110.050. 11. Abandoned signs and sign structures. 22.110.030 Permit Required. 1. Other than for those uses listed in subsection 2 below, a sign permit is required for all allowed permanent signs, temporary signs, and billboards. 2. Permits are not required for on-premises official signs; seasonal decorations; merchandise displays; point-of-purchase advertising displays; national and state flags; flags of a political subdivision; notice signs, pennants and streamers without advertising copy, symbolic flags of non-profit institutions dedicated to public service; legal notices required by law; barber poles; historic site designations; commemorative monuments/ plaques; gravestones; advertising copy affixed to phone booths; donation and recycling containers; lettering or symbols applied directly onto or flush-mounted magnetically to a P:1Community Development\Development Regulationsl3 PC Rcommendafion Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 29 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 ' motor vehicle operating in the normal course of business; political signs supporting political issues, candidates or ballot measures; replacement of copy on signs otherwise permitted; name plates with less than 5 sq. ft. (5'-0') of copy area, directional signs with less than 4 sq. f"t. (4'-0°) of copy area; and murals containing no copy. 3. Permit Applications shall include a site plan that provides the following information: . a. The loc. Lion of the affected lot, building(s) and sign(s); b. The scale of the site plan; c. A scaled drawing of the proposed sign or sign revision, including size, height, copy, structural footing details, method of attachment and illumination; d. The location of all existing signs on the site including size and height; e. For signs subject to spacing regulations, the location of neighboring signs on adjacent properties; f. Approved sign plan, if applicable; and g. Tax parcel number where proposed sign will be located 22.110.040 Number, General Regulations for Permitted Permanent Signs 1. Permitted permanent signs shall comply with the requirements of Table 22.110-1. No more than the maximum numbers of either freestanding pole signs or monument sign structures are allowed per parcel. Table22.110.1 Location Height and Co Area Re uirements Maxi mum s 6 o O Y Land Use Zoning District 2 c w °o C) a Q Additional Provisions c C CJ 1 ~ © CD m A n V Q Q a> Q CJ C O C C o O a C O O d C7 Z = U U .t: N C Attached Walls Signs Institutional Residential Zones - I - n1a rue n1a Y '25% of wall area Single Business Residential Zones t n1a 1 60 n!a rJa I n/a Y Non-resider tial All Mixed use and - nla n a nla Na Y '25% of Wall area per ,yon-,residential building Zones Free-sta ding Signs SubdivisionfAma NamelMuld-Family All Zones 1' 10 32 n1a n!a n/a Y Compl ex/I nstitutlo na I Single business Neighborhood 1 20 100 n1a rVa 5 Y Business (NC) • Per arterial street Multi-business Zones 1' 20 n1a 100 n1a 5 Y frontage Complex Single business Mixed Use and 1- 30 n1a 104 200 5 Y Non-Residential Multi-business Zones (except NC) 11' 40 250 n/a Na 5 Y Complex Non-residential All Non- 1 50 250 rJa n1a 5 Y Adjacent to 1-90 only Freeway' Residential Zones PACornmunity DevelopmentlDevelopment RegulationsUPC Rcommendation DraftslPC Recommended Draft Title 22 07-24-07.doc Page 30 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 Table22.110-1 Location, Height and Co -y Area Re uirements Maximum C Y U . Land Use Zoning District a o _o m Additional Provisions VI - rn c CD CL Q Q Q CD Q M m • 3 O O 09 9 Ge Z L L) rn CL Monument Sf ns Subdivision/Ares NarnelMulti-Family All Zones 1 i0 32 Na Na n1a Y Complextinstitutional • Per arterial street frontage Single Business Neighborhood E V 7 75 n1a n1a 5 Y ' Per arterial street Business (NC) frontage multi-Business Zones 2' 7 90 n1a n1a 5 Y Complex Single business All t~hix~ Use and 2' 7 90 Na n/a 5 Y Witi-business Non-Residential 2' 7 150 Iva n/a 5 Y ' Per street frontage complex Zones Other Si ns Directlonal All Zones Na n/a Na 5 Na I n/a N Name Plates All Zones 1 n/a 4 8 Na n/a N r- 2. In addition to the permanent signs allowed pursuant to Table 22.110-1 a single decorative emblem (or standard), constructed of durable vinyl with a thickness of not less than thirteen (13) mis. for every fifty feet (50`-0') of frontage shall be allowed. The lowest horizontal member of the bracket shall be located at a height of not less than seven feet (7'-0") above the adjacent grade. 3. Where three (3) or more single businesses agree to share a single sign structure, an additional twenty percent (20%) of copy area shall be allowed up to a maximum of two hundred fifty square feet (250'-0"). 22.110.050 Permitted Temporary Signs 1. Banners are allowed by temporary permit for a period of time not to exceed thirty (30) days with a single thirty (30) day renewal within any calendar year. 2. Pennants, flags, and streamers, with copy are allowed by temporary permit for a period of time not to exceed sixty (60) days with a sixty (60) day renewal. Additional temporary permits may be obtained after sixty (60) days have passed from the date of the expiration of the permit & a party may obtain a single annual seventy five (75) day permit. 3. Special event signage, including search lights and inflatables are allowed by temporary permit for a period of time not to exceed seven (7) days. All signs for a special event are covered under a single permit. No more than four (4) special event permits are allowed in any calendar year. 4. Temporary on premises commercial signs are allowed without permit when posted in conjunction with the alteration, construction, sale or lease of real property. Such signs shall not exceed sixteen square feet (16'-0') in copy area or seven feet (T-0°) in height. All such signs shall be affixed to either the ground or a permanent structure by rope, wire, 1 or a mechanical device. PACommunity DevelopmentlDevelopment Regulationsl3 PC Rcommendation Draftsl,PC Recommended Draft Title 22 07-24-07.doc Page 31 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 % 22.110.060 General Provisions Applicable to All Signs 1. All signs illuminated with exterior lighting shall have lighting confined to the sign, and positioned and shielded to minimize impacts to the surrounding area(s). Gooseneck reflectors and lights are permitted on permanent freestanding and wall Signs provided that lighting or glare does not extend beyond the property line. 2. Electronic signs shall be permitted on the same basis as other signs, subject to the requirements of Table 22.110-1. 3. A roof mounted sign may be substituted for an allowed free-standing sign, provided that the height of the sign structure may not exceed the maximum height requirements of the zoning district in which the sign is located. 4. Signs located within the airport hazard area shall conform to the location and height regulations set forth in SVMC19.420.040, Airport Hazard Overlay Zone. 5. No sign shall be erected, relocated or maintained in a manner that prevents the free ingress or egress from any door, window or sire escape. 6. No sign shall be attached to a standpipe or fire escape except Official Signs. 7. Any sign erected or maintained within five feet (5'-0") of the public rights-of-way shall be smooth and free of nails, tacks and wires. 8. All signs shall be maintained in good repair pursuant to SVMC 22.110. 110 9. No sign shall block the view of fire protection equipment from approach 22.110.070 Comprehensive Sign Plan Commercial development, shopping centers, industrial parks, mixed use developments, and hotel conference centers exceeding five (5) acres in size may seek approval of a sign plan specific to the proposed development. The Director may approve a comprehensive sign plan that allows deviations from the strict interpretation of spacing, height and area requirements when the following is demonstrated: 1. The plan provides adequate signage for all proposed uses; and 2. The plan limits the number of free-standing sign structures; and 3. The total copy area of all signage does not exceed the amount which would otherwise be permitted. Any conditions imposed to secure approvals shall be binding on the applicant, his successors and assigns. Modifications/Amendments to the approved sign plan shall require reapplication and approval by the Director. If the Applicant and Director cannot come to an agreement as to a comprehensive sign plan or a modification/amendment to the same, the Director's decision may be appealed to the Hearing Examiner pursuant to SVMC 17.50. 22.110.080 Aesthetic Corridors 1. The standards applicable to monument signs shown on Table 22.70-1 shall apply to parcels adjacent to aesthetic corridors designated in the Spokane Valley Comprehensive Plan: a. State Route 27 (169'Avenue south to City limits) b. State Route 27 (Mansfield to Trent) c. Appleway Blvd. (south side only from Park Road to Dishman Mica) d. Appleway Avenue (Barker Road to Hodges) e. Dishman Mica Road (8.~ Avenue south to City limits) f. 32' Avenue within the City limits g. Mirabeau Parkway (Pines Road to Indiana) P:1Community DevelopmentlDevelopment Regulations%3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc rage 32 of of 49 RC Recommended Draft- COSV Uniform Development Code Title 22 2. C Only monument signs as shown on Table 22.70-1 shall be allowed with designated aesthetic corridor. 22.110.090 Sign Location and Front Setbacks 1. Monument signs exceeding three feet (3'-0') in height shall be setback ten feet (10'-0°) from the front property line and outside any border easement, provided that the requirements of SVMC 22.70 clear view triangles of the Spokane Valley Uniform Development Code have been met. 2. Freestanding signs with structural supports less than two feet (2'-0') in width, with copy area placed at a height of seven feet (7'-0") or more above grade, may be located at the property line, provided that the requirements of SVMC 22.70 clear view triangles of the Spokane Valley Uniform Development Code have been met. Freestanding signs with structural supports of more than two feet (2'-0°) shall be set back not less than ten feat (10'-0") from the front property line or border easement. 3. All temporary signs, except inflatable signs, shall be located at least five feet (5'-00) from public rights-of-way, 4. Inflatable signs shall be set back at least ten feet (10'-0") from public rights-of-way. 5. All signs shall meet the vertical and horizontal clearance requirements of electric utilities. 6. All new free-standing signs shall be located in a landscaped area in accordance with SVIVIC 22.70.030(10). Landscaping should ensure that signs are not blocked or obscured by trees or bushes. 22.110.100 Sign Area Calculation 1. Sign area for wall signs shall be no more than twenty-five percent (25%) of the two (2)- (7) dimensional area of a building's elevation, excluding eaves and gables. Refer to Table 22.110-1 a I SIGN B hgdxirnum Height Ndnimum Height I 6ordor Property Figure 2 Line 31 ♦ Maximum Height B2 + B3 PETE'S PRO GOLF Figure 1 A 11SAGNI Al 00 SIGAT 2 Setback e SIGN 3 Li L Prooerty Line Figure 3 P:1Community Development\Development-Reg ulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 33 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 ' 2. The sign area of a freestanding sign for a single business shall be calculated as shown in Figure 2 above. The sign area of a freestanding sign identifying multiple businesses shall be computed by adding together the total area(s) of all signs as shown in Figure 3 above. Refer to Table 22.110-1 for minimum and maximum height requirements. 3. The sign area for multiple-sided signs shall be calculated as follows: a. The total sign area for a two (2)-sided sign shall be calculated using a single surface of a sign with messages on both sides; b. The sign area for a three (3)-sided sign shall be the sum of all surfaces where two (2) or more signs share a single structure. c. The gross surface area of both fads of a V-shaped sign; d. The copy area of a monument sign. 4. For irregularly shaped signs, the sign area is calculated by enclosing the extreme limits of the sign by no more than four (4) rectangles. The sum of the area of the rectangles shall be the gross surface area. The maximum allowable area is reduced by ten percent (10%) for the second and each subsequent rectangle used in the calculatiori, illustrated below. E a A B a. Conventional Measurement Total area = a' b T b. Sum of Rectangles: Total area = Area (Area A + Area 8 + Area C + Area D) 22.110.110 Maintenance of Signs 1. All signs shall be maintained in good repair. Director shall have the authority to revoke any permit for signs that are tattered, torn, faded or otherwise in disrepair, and may require the removal of flags, pennants and streamers which are torn, discolored or in disrepair. 2. All signage shall be maintained by the business, owner, or person in possession of the property on which the sign is located. Maintenance shall be such that the signage continues to conform to the conditions imposed by the sign permit. 3. Any damaged sign structure shall be repaired within thirty (30) days of notice 4. Any signage which has been damaged to such extent that it may pose a hazard to passersby shall be repaired or removed within forty-eight (48) hours of notice. 5. Any abandoned sign shall be removed by and at the expense of the property owner within sixty (60) days of notice. 6. Any abandoned sign support structure shall be removed within thirty six (36) months by the owner or lessee of the premises upon which the sign is located when the advertised business is no longer conducted on the premises. = P:1Community Development0evelopment Regulationsl3 PC Rcommendation Drafcs\PC Recommended Draft Title 22 07-24-07.doc Page 34 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 22.110.120 Existing Nonconforming Signs Any permanent sign made nonconforming as a result of the adoption of these regulations may be repaired; but not structurally altered or made more. nonconforming in any way. If the sign is removed in order to make repairs, it shall be replaced within sixty (60) days, or any nonconforming rights are terminated. Thereafter, the sign shall conform to the requirements of this chapter. Notwithstanding other provisions of this section, any sign or signs for which a temporary permit has been issued by the City shall be permitted to remain at the location or locations authorized by the permit for as long as the permit is valid and all the requirements of the permit have been met. 22.110.130 Billboards 1. New billboards shall be prohibited, provided however, that existing billboards may be replaced at another location with a structure and copy area of equal or smaller size in mixed use and non-residential zoning districts except (NC) Neighborhood Commercial zoning districts as follows: a. No replacement billboard shall exceed the height limit in the underlying zoning district, not to exceed fifty feet (50'-0") in height; b. No replacement billboard shall exceed 672 square feet in copy area; c. Any replacement billboard may not be placed less than five feet (5'-0°) from the property line, no portion of the sign shall extend beyond the property line; d. No billboard may be located within 1,000 feet of another billboard. e. The owner of the billboard shall file a complete inventory of all billboards located within the City, including date erected, height, size and location; f. Issuance of a permit for billboard replacement shall be accompanied by a permit for the destruction or removal of the billboard to be replaced; and g. Any billboard that is not replaced within sixty (60) months following the issuance of a demolition/removal permit shall not be replaced. 2. Replacement billboards shall not be permitted along designated aesthetic corridors. 22.120 Wireless Communication Facilities 22.120.010 Purpose and Intent These standards were developed to protect the public health, safety, and welfare, and minimize visual impacts on residential areas, while furthering the development of wireless communication services. These standards were designed to comply with the Telecommunication Act of 1996. The provisions of this section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting wireless communication services. 22.120.020 Permits and Exemptions Where a transmission tower or antenna support structure is located in a zoning district, which allows such use as a permitted use activity, administrative review, and a building permit, shall be required, subject to the project's consistency with the development standards set forth in SVMC 22.120.040, in instances where the use is not allowed as a permitted use activity, a conditional use permit and building permit shall be required in addition to a demonstration of consistency with all required development standards. Exemption: Wireless radio utilized for temporary emergency communications in the event of a disaster is exempt from the provisions of this section and shall be permitted in all zones. P:1Community Developmen'Wevelopment Regulations\3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 35 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 ' 22.120.030 Required Application Submittals All applications for wireless antenna arrays and wireless communication support tower shall include the following: 1. A letter signed by the applicant stating that all applicable requirements of FCC, FAA, and any required avigation easements have been satisfied. 2. A scaled site plan clearly indicating the location, type and height of the proposed tower, antennas, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, the equipment structure, fencing, buffering and the type of stealth technology which will be utilized. The full, detailed site plan shall not be required if the antenna is to be mounted on an existing structure. 3. The applicant shall have performed and provided a photographic simulation of the proposed facility from all affected properties and public rights-of-way. 4. The applicant shall provide copies of any environmental documents required by the State Environmental Policy Act (SEPA). 5. The applicant shall have demonstrated effort to collocate on an existing support tower or other structure. New support towers shall not be permitted within one (1) mile of an existing support tower unless it is denionstrated that no existing support tower or other structure can accommodate the proposed antenna array. The City reserves the right to retain a qualified consultant, at the applicant's expense, to review the supporting documentation for accuracy. 6. Evidence to demonstrate that no existing support tower or other structure can accommodate the proposed antenna array may consist of the following: a. No existing support tower or other structures are located within the geographic areas required to meet the applicant's engineering requirements. b. Existing support towers or other structures are not of sufficient height to meet applicant's engineering requirements. c. Existing support towers or other structures do not have sufficient structural strength to support applicant's proposed antenna array and related equipment. d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing support towers or other structures, or the antenna on the existing support towers or other structures would cause interference with the applicant's proposed antenna. 7. The applicant of a new tower shall provide a signed statement stating the applicant has provided notice to all other area wireless service providers of its application to encourage the co-location of additional antennas on the structure. 8. A sioned statement from the owner and/or landlord to remove the facility or obtain another permit for the facility within six (6) months of when the facility no longer operating as part of a wireless communication system authorized and licensed by FCC. 9. Proof that all the necessary property or easements have been secured to assure for the proper construction, continued maintenance, and general safety of the properties adjoining the wireless communication facility. 22.120.040 Design Standards. The support tower, antenna array, and supporting electrical and mechanical equipment shall be installed using stealth technology. Stealth technology applies to all personal wireless service facilities, including, without limitation, antennas, towers and equipment structures. For any facility, .stealth technology" means the use of both existing and future technology through which a P:1Community DevelopmenttDevelopment Regulationsl3 PC Rcommendation DraftslPC Recommended Draft Title 22 07-24-07.doc Page 36 of of 49 RC Recommended Draft- COSY Uniform Development Code Title 22 personal wireless service facility is designed to resemble an object which is already present in the local environment, such as a tree, streetlight, or traffic signal. It also includes: 1. For personal wireless service support towers: a. If within existina trees, 'stealth technology" means: o The tower is to be painted a dark color, o Is made of wood or metal; and o A greenbelt easement is required to ensure permanent retention of the surrounding trees. b. Stealth technology for towers in a more open setting means that they must have a backdrop (for example, but not limited to, trees, a hillside, or a structure) on at least two sides, be a compatible color with the backdrop, be made of compatible materials with the backdrop, and that architectural or landscape screening be provided for the other two sides. If existing trees are the backdrop, then a greenbelt easement is required to ensure permanent retention of the surrounding trees. c. Antennas shall be integrated into the design of any personal wireless service tower to which they are attached. External projections from the tower shall be limited to the greatest extent technically feasible, d. For rooftop antennas or antennas mounted on other structures: i. For Omni-directional antennas fifteen feet (15'-0°) or less above the roof, stealth technology means use of a color compatible with the roof, structure or background. !'l ii. For other antennas, stealth technology means use of compatible colors i' and architectural screening or other techniques approved by the City. 2. For antennas mounted on one or more building facades Stealth technology means use of color and materials such that the facility has architectural compatibility with the building. It shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted. 3. For equipment structures Stealth technology means locating within a building, or if on top df a building, with architecturally compatible screening. An underground location, or above around with a solid fence and landscaping, is also considered stealth technology. 4. Advertising or display shall not be located on any support tower or antenna array; however, the owner of the antenna array shall place an identification plate indicating the name of the wireless service provider and a telephone number for emergency contact on the site. 5. No artificial lights other than those required by FAA or other applicable authority shall be permitted. All security lights shall be down shielded, and installed to be consistent with SVMC Section 22.60. 6. The facility shall be enclosed by a site obscuring secured fence not less than six feet (6'- 0") in height with a locking gate. No barbed wire or razor wire shall be permitted. 7. The support tower foundations, equipment shelters, cabinets or other on-the ground ancillary equipment shall be buried below ground or screened with a sire obscuring secured fence not less than six feet (6-0") high. The requirement for a site obscuring fence may be waived provided the applicant has secured all on the ground ancillary equipment in a locked cabinet designed to be compatible with and blend into the setting and the means of access for the support tower is located a minimum of twelve feet (12'-0") above the ground. 'i P:tCommunity Development\Development Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 37 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 ; 8. All support structure(s) for wireless communication antennas shall have their means of access located a minimum of eight feet (8'-0°) above the ground unless the requirement for a fence has been waived. 9. The support tower shall meet the minimum primary structure setback requirements for the underlying zone. 10. Support towers shall not be permitted inside a public park, public monument or private holding located within a public park or public monument. 11. The height of the support tower or antenna array above grade shall not exceed the maximum height identified in Table 22.120-1 below. The height of a support tower shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. Table 22.120-1 Height Limitations Zone Antenna Array Support Tower R-1, Single Family Residential Estate R-2, Single Family Residential Suburban 20 That above the zoning R-3, Single Family Residential Urban height limitation or 15 feet 60 feet 114E-1, Multifamily Medium Density Residential above existing structure MF-2, Multi Family High Density Residential Mixed Use Center (MUC) Corridor Mixed Use (CMU) City Center (CC) 20 feet above the zoning 16 feet h i ht li it ti 60 feet Garden Office e g m a on or above existing structure Office Neighborhood Business (R-1) Community Business (B-2) I Regional Business (i3-3) 20 feet above the zoning l ht li it ti 20 f t h 20 feet higher than the maximum height allowed in Light Industrial (I-2) o a m on or ee e above existing structure the zone or BD feet whichever is less' Heavy Industrial (I-3) 'An additional haenty (20) feet in height for each additional antenna array co-locat=d on the support tower, up to a maximum tower height of one hundred (100) feet, including the height of all antennas. 22.120.050 Landscaping Refer to SVMC 22.70 for landscaping requirements applicable to the underlying zoning district. 22.130 Streets, Sidewalks and Public Places 22.130.010 Purpose and Intent The purpose of this chapter is to assure the proper function of streets, arterials and the roadway network. The City of Spokane Valley Arterial Street Plan adopted in the Comprehensive Plan provides for future expansion of the street network. The intent of this chapter is to maintain the function and safety of the street infrastructure as additional traffic is generated from new PACommunity DevelopmentTevelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 38 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 development supported in the Land Use Element of the Comprehensive Plan. This chapter further intends to: 1. Improve roadway safety; 2. Provide for roadway expansion; 3. Establish new roadways; and 4. Clarify the authority of the Development Services Senior Engineer in regards to the future location and width of roadways and right of ways. 22.130.020 Application of Requirements All new development approvals and permits, including but not limited to, zone reclassifications, divisions-of-land, conditional uses, variances, administrative permits, site development plans and permits for new structures or site improvements shall comply with this chapter. Any change to a building, or any change in use of a building or site to such an extent that a permit or certificate of occupancy is necessary, shall comply with the provisions contained herein. No permit or certificate of occupancy shall be issued until plans demonstrating compliance with this chapter have been submitted and approved. Site improvements determined to be minor in character and not in conflict with the purpose of this chapter may be deemed exempt by the Development Services Senior Engineer. 22.130.030 Required Improvements and Dedication Prior to the issuance of any approvals or permits subject to the provisions of this chapter, the Development Services Senior Engineer shall determine the extent and type of roadway improvements required to be constructed as part of the development proposal. The Development Services Senior Engineer shall utilize the following in determining the scope of the improvements: 1 1. The Comprehensive Plan, ` f 2. The Arterial Street Map, 3. The street construction standards, and 4. The functional, safety, efficiency and coordinated future expansion needs of the roadway system to serve the traveling public and emergency vehicles. The Development Services Senior Engineer shall determine the extent of additional right-of-way needed to support these improvements and the process of dedicating the required land area. The Development Services Senior Engineer shall also determine if the development proposal can participate in any City Capital Improvement Project as included on the adopted Six (6)-Year Street Improvement Plan. In these cases, the development proposal will be conditioned to provide a proportionate contribution to the anticipated project. 22.130.040 Standards for Road and Sewer Construction 1. Pursuant to RCW 35A.11.020 and 35A.12.140 the City adopts by reference the Spokane County Standards for Road and Sewer Construction. Unless the context requires otherwise, references to Spokane County shall be construed to mean the City of Spokane Valley and references to County staff shall refer to the City Manager or designee. The City Clerk shall maintain a copy on file. 22.130.050 Regional Pavement Cut Policy The Regional Pavement Cut Policy, as it may be amended from time to time, is hereby adopted by reference and is included as Appendix 22-13. In addition: 1. A Right-of-Way permit is required of any person or company cutting pavement within existing City rights-of-way or on City owned infrastructure. 2. Permit fees are established in the Spokane Valley Master Fee Schedule. P:1Community Development0evelopment Regulationsl3 PC Rcommendation DraftslPC Recommended Draft Title 22 07-24-07.doc Page 39 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 3. A pavement cut moratorium is in effect for three (3) years from the date of pavement or reconstruction of pavement for all arterials, collectors and local access streets. 4. For pavement cuts occurring in roadways constructed or reconstructed beyond the moratorium period, the requirements are summarized on the following table: Table 22.130-1 Arterial streets: I Years 4-5 Years 6-12 > 12 years Pb.cipal Full Policy Full Policy Modified Policy Minor Full Policy Modified Policy tviodified Policy Nelahborhaod Collector Full Policy Modified Policy Trenrb Only Local Access Industrial/Commercial Modified Policy Modified Policy Trench Only Residential Modified policy Modified Policy Trench Only Full Polky. Repave fidl lane Mdth Modified Policy: Patch to not less than middle of lane Trenelt Poky: No longitudinal joins in wheel pat, 5. Pavement cuts on roadways ten (10) years old or less will have a warranty period of five (5) years. 6. Construction and traffic control plans for arterial work and roadways with posted speed limits of more than thirty 30 M.P.H. shall be submitted as part of the permit application. 22.130.060 Right of way Use Right-of-way permit and use requirements are set forth in SVMC 9.15. 22.130.070 Manual on Uniform Traffic Control Devices The Washington Manual on Uniform Traffic Control Devices (MUTCD), as it may be amended from time to time, is hereby adopted by reference. 22.130.080 Modification of Standards The responsibility and authority for developing recommendations for modifying and monitoring the effectiveness of the standards for road and sewer construction of the City of Spokane Valley may be delegated to a City Council Committee according to Council rules. The Council Committee shall w&k with the City Manager, designated staff and others to provide for road and sewer development that promotes the orderly development of the City and serves the best interest of the residents. The Council shall periodically review the standards for road and sewer construction and modify and amend the same from time to time, as necessary. 22.130.090 Liability The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this article shall rest with the permit applicant and their agents. This article and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. 22.140 Street Vacations 22.140.010 Purpose This chapter establishes the procedures, notice requirements and fees for the vacation of public streets and alleys within the City in conformance with the authority granted to the City by RCW 35.79 and RCW 35A.47.020. P:1Community Development0evelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 40 of of 49 e e 4 PC Recommended Draft- COSV Uniform Development Code Title 22 22.140.020 Initiation of Vacation The owners of an interest in any real property abutting any public street or alley who may desire to vacate the street or alley, or any part thereof, may petition the City Council. In the alternative, the City Council may itself initiate a vacation by resolution. The petition or resolution shall be filed with the City Clerk. 1. Petition for Vacation. The petition shall be in a form prescribed. by the Director or his or her designee and shall be signed by the owners of more than Nvo-thirds (213) of the property abutting the portion of the street or alley sought to be vacated. 2. Petition fees. Every petition for the vacation of any public street, alley or any part thereof, shall be accompanied by a fee in an amount established by resolution of the City to defray the administrative costs incurred in processing the petition and publishing, posting and mailino notices. The set amount shall be stated in the City of Spokane Valley Master Fee Schedule. Once paid, the fees shall not be refunded. 3. Submittal Requirements for Petitions. Every petition shall be accompanied by the following: a. A Spokane County Assessor's Map showing with a solid red line the portion of the street or alley sought to be vacated; b. A vicinity map showing the general area of the proposed vacation; c. A copy of the record of survey, if available, for the subject street and alley proposed for vacation and abutting properties and streets and alleys within one hundred feet (100'-0°) on all sides of the proposed vacation; ~l d. Written evidence of any and all utility easements, other allowances or reservations, whether public or private, pertaining to the street or alley proposed for vacation; and e. A written narrative describing the reasons for the proposed street vacation, the physical limits of the proposed street vacation and the public benefit of the proposed street vacation. 4. Setting of Hearing. Upon receipt of the petition, the fee and all required documents, the City Clerk shall forward the petition and required documents to the Director, who shall determine whether the petition has been signed by the owners of more than two-thirds (213) of the property abutting the part of the street or alley to be vacated. If the petition has been signed by the requisite percentage of such owners, the Director shall bring the petition before the City Council within thirty (30) days of receipt of the petition, and the City Council shall by resolution fix the time when the petition will be heard by the City Council, or a committee of the City Council, which time shall not be more than sixty (60) days nor less than twenty (20) days after the adoption of the resolution. Where the City Council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the City Council or a committee of the City Council. 5. Staff Report. The Director, in conjunction with the Public Works Department shall prepare a report concerning the proposed vacation. The Public Work Department shall evaluate the advisability of the proposed vacation based on the existing and future transportation system needs and requirements. The report shall address the criteria to be considered by the City Council in determining whether to vacate the street or alley, and such other information as deemed appropriate by the Director including but not PACommunity DevelopmenADevelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 41 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 ► L limited to drainage requirements, street closure requirements such as the removal and replacement of concrete, asphalt, and placement of barriers limiting vehicle movements. In preparing the report, the Director shall solicit comments from the Police Department, the Fire Department and may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the City. The report shall be submitted to the Planning Commission and to the petitioner and his or her representative, not less than seven (7) calendar days before the hearing. 6. Notice of Hearing. Upon the passage of the resolution. fixing the time for hearing the petition or proposal for vacation, the City Clerk, or the Director, acting under direction and supervision of the City Clerk, shall give not less than twenty (20) days' notice of the time, place and purpose of the hearing by: a. Posting of a written notice in three (3) conspicuous places in the City; b. Publishing written notice once in the City's official newspaper, c. Posting a minimum twenty-four inch (0'-24") by thirty-six inch (0'-36") notice sign in a conspicuous place at each end of the street or alley sought to be vacated describing the proposed vacation and the date, time and location of the public hearing; and d. Mailing written notice to all petitioners at the addresses on the petition and all owners of property abutting the street or alley proposed to be vacated, as shown on the records of the Spokane County Assessor, not to exceed ninety (90) calendar days from the date of the public hearing. The Director shall send the same written notice to the representative of the petitioners at the address on the petition. 7. Protest. If firs percent (50%) or more of the abutting property owners rile written objections to a City Council-initiated vacation with the City Clerk, prior to the time of the hearing, the City shall be prohibited from proceeding with the vacation. 22.140.030 Planning Commission Review and Recommendation 1. The hearing on the petition or proposal shall be held before the Planning Commission upon the day fixed by resolution or at the -time to which a hearing may be adjourned. In its consideration of the proposed vacation of the street or alley, the Planning Commission shall render a recommendation based on the following criteria: a. Whether a change of use or vacation of the street or alley will better serve the public; b. Whether the street or alley is no longer required for public use or public access; c. Whether the substitution of a new and different public way would be more useful to the public; d. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and e. 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. 2. Following the hearing, the Director shall forward the Planning Commission's recommendation and the hearing minutes to the City Council at a regularly scheduled P:1Community Development0evelopment Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.dac Page 42 of of 49 r s' ~ PC Recommended Draft- COSV Uniform Development Code Title 22 01 meeting. If a hearing is held before the Planning Commission, it shall not be necessary to hold a hearing before the City Council, provided that the City Council may at its discretion determine to hold a separate hearing on the proposal. 22.140.040 City Council Decision 1. Following the hearing and receipt of the Planning Commission's recommendation the City Council shall determine whether to vacate the street or alley. The determination shall consider, but.not be limited to, the findings of the Planning Commission. 2. If the City Council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the City Council deems necessary and proper to preserve any desired public use or benefit. The ordinance shall contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services. 3. Pursuant to RCW 35.79.040, the City Council in approving'a street vacation request shall specify that the vacated portion of the street or alley shall belong to the abutting property owners, one-half (1/2) to each, unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. 4. The City Council reserves the right to require compensation as a condition of approval of ordinance action, provided that such compensation shall comply with the requirements of RCW 35.79.030, and further, that any required compensation shall be paid to the City prior to the City's participation in required title transfer actions. Any transfer of title pursuant to this section shall be by quit claim deed. 22.140.050 Vacation of Waterfront Streets J' 1. The City shall not vacate a street or alley if any portion of the street or alley abuts a body of water unless: a. The vacation is sought to enable the City to acquire the property for beach or water access purposes, or launching sites, park, public view, recreation, educational purposes, or other public uses; b. The City Council, by resolution, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of .the following purposes: I. beach or water access, ii. launching sites, iii. park, iv. public view, v. recreation, vi, education; or c. The vacation is sought to enable the City to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the street or alley sought to be vacated abuts, had the properties included in the plan not been vacated. 2. Before adopting an ordinance vacating a street or alley under subsection (1)(b) of this section, the City Council shall: a. Cause an inventory to be compiled of all rights-of-way within the City that abut the same body of water that is abutted by the street or alley sought to be vacated; .J P:1Community Oevelopment\Development Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 43 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 • L ` b. Cause a study to be conducted to determine if the street or alley to be vacated is unsuitable for use by the City for any of the following purposes: i, launching sites, ii. beach or water access, iii. park, iv, public view V. recreation, or vi. education; c. Hold a public hearing on the proposed vacation in the manner required by RCW 35.79 and this chapter; and d. Include in its written decision a finding that the street or alley sought to be vacated is not suitable for any other purposes listed under subsection (2)(b) of this section, and that the vacation is in the public's interest. 3. Notice of the public hearing on the proposed vacation shall be provided in accordance with SVMC 22.140.020 subsection 6, provided, that the City shall also post notice of the public hearing conspicuously on the street or alley sought to be vacated, which notice shall indicate that the area is a public access, that the street or alley is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the Director indicating the objection. 22.140.060 Application of Zoning District Designation The zoning district designation of the properties adjoining each side of the street or alley to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 22.140.070 Recording of Ordinance A certified copy of the ordinance vacating a street or alley or part thereof, shall be recorded by the City Clerk in the office of the Spokane County Auditor. 22.140.080 Compliance to City Council Conditions All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. 22.140.090 Record of Survey Required Following the City Council's passage of the ordinance approving the proposal to vacate the street or alley, a record of survey prepared by a registered surveyor in the State of Washington and including an exact metes and bounds legal description and specifying, if applicable, any and all easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the Director. Said record of survey shall contain the professional stamp and signature of the registered surveyor, and the proponent indicating acceptance of the vacated. 22.140.100 Monumentation 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 this Chapter. P:IComme.mily DevelopmenMevelopment Regulationsl3 PC Rcommendation Crafs\PC Recommended Draft Title 22 07-24-07.doc Page 44 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 22.140.110 Costs of Title Transfer to be borne by Proponent All direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including but not limited to title company charges, copying fees, and recording fees are to be borne by the proponent. The City assumes no financial responsibility for any direct or indirect costs for the transfer of title. 22.150 Stormwater Management Regulations 22.150.010 Finding and Purpose The increased flow of surface water from the use and development of real property within the City must be managed to protect persons, property, and the environment. Stormwater facilities are a common feature of urban development which must be constructed and maintained when property is developed or redeveloped within a geographic area. The City shall implement policies and procedures to: 1. Minimize the degradation of water quality in surface and groundwater; 2. Reduce the impact from increased surface water flour, erosion and sedimentation caused by the development of property; 3. Promote site planning and land development practices that are consistent with the topographical and hydrological conditions; and 4. Maintain and protect public and private property that is used and dedicated for Stormwater management. 22.150.020 Regulated Activities No person on any public or private real property located within the City, shall engage in the following regulated activities without first obtaining stormwater control approval from the City. The regulated activities for development are: 1. Grading of land in excess of five hundred (500) cubic yards so as to require environmental review pursuant to the State Environmental Policy Act (SEPA) 2. Construction of, or addition to, a building (except a single-family or duplex residence) or placement of impervious surfaces that exceed 5,000 square feet. For projects that are implemented in incremental stages, the threshold applies to the total amount of impervious surfaces replaced or added at full build-out; 3. Disturbance of one acre or more; 4. The subdivision, short subdivision and binding site plan process as defined in RCW 58.17 and SVMC Title 20, and 5. Construction of drywells or other UIC wells regulated by WAC 173-218 -UIC Program. 22.150.030 Authority to develop and administer standards The Director shall develop and administer City Standards that relate to best management practices and the threshold requirements for the development of stormwater control facilities. The Director is further authorized b develop policies that relate to the submission and modification of stormwater, erosion and sediment control plans. Requirements and performance standards that include best management practices shall be designed to control and contain stormwater, reduce soil erosion and sedimentation through the use of temporary and permanent practices and facilities. The requirements shall be designed to permit J flexibility in the choice of stormwater erosion and sediment control methods that meet the.specific \ J circumstances of each site and intended use. P:1Community Development\Development Regulationsl3 PC Rcornmendation DraftslPC Recommended Draft Title 22 07-24-07.doc Page 45 of of 49 PC Recommended Draft- COSV Uniform Development Code Title 22 . 'it 22.150.040 Review Process Following submittal of a request to engage in a regulated activity, the Director shall review the proposed regulated activity including any plans or other submitted material. The Director shall determine whether the regulated activity is exempt from review based upon the threshold requirements, or alternatively, whether the regulated activity complies with the standards, specifications and requirements contained in the City standards. The Director may require the submission of additional material and/or analysis to allow the proponent to demonstrate compliance With City Standards. 22.150.050 Conditions of Approval The Director is authorized to impose development requirements or conditions of approval for the regulated activities. The stormwater requirements or conditions may be placed on the subdivision, binding site plan, issued permit, or a recorded maintenance covenant and agreement may be placed upon a parcel or lot where drainage facilities will be developed. Conditions of approval shall be based on the City Standards, the preliminary Site Drainage Plan, engineering reports or other relevant data that promotes stormwater control, protection of adjacent properties, utilities or other stormwater facilities, slope stabilization and the environment, The recorded covenant and agreement shall be in substantially the following form 1. "Buyer is purchasing from Seller Lot Block in the -final plat of recorded in the records of the Spokane County Auditor on the _ day of 200 at volume of Plats, Page situated in the City of Spokane Valley, Spokane County, Washington. 2. In accordance with the final plat and the Conditions of Approval thereof the above described lot contains an easement for a drainage swale into which stormwater flows from paved surfaces within the plat and from roadway and sidewalks adjacent to the plat. 3. The drainage swale has been constructed, sodded with grass, and connected to a sprinkler irrigation system. 4. The Parties desire to provide for the perpetual maintenance, repair and replacement of the drainage swale and its irrigation system. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and the recitals stated above, the Parties agree as follows: 1. Buyer agrees to maintain the drainage swale on the lot described above by mowing, fertilizing and watering the grass in the swale to keep the grass healthy and the swale well-kept in appearance. 2. Buyer understands that the drainage swale is irrigated by a sprinkler system which is connected to the house constructed on the Lot described above, and that Buyer will be providing and paying for water to irrigate the drainage swale. In addition Buyer agrees to keep the drainage swele irrigation system in good repair and functional for its intended purpose. 3. Buyer agrees to remove litter and debris from the drainage swale and further agrees not to alter the shape or grade of the drainage swale nor place any object, structure, or vehicle within the drainage swale. 4. The City of Spokane Valley will clean and repair any drywells, inlets, and pipes that receive runoff from public right of way and conform to City access standards. 5. Buyer understands and agrees that if the drainage swale is not kept and maintained as provided herein, the City of Spokane Valley may undertake said maintenance and repair and charge Buyer for its labor and maintenance. 6. The Agreement shall run with the land in perpetuity unless revoked by the City of Spokane Valley. " P:ICommunity DevelopmentlDevelopment Regulationsl3 PC Rcommendation DraftslPC Recommended Draft Title 22 07-24-07.doc Page 46 of of 49 r r PC Recommended Draft- COSY Uniform Development Code Title 22 The City may also enter into a development agreement with the person having ownership or control of the real property that is subject to this ordinance. Such development agreement shall be entered into pursuant to RCW 36.708.170, et. sec. 22.150.060 Design Elements Drainage facilities within single-family or two-family residential subdivisions shall be designed as follows: 1. Continuous swales running the length of the street located between the curb and sidewalk. These swales shall be within City right-of-way or within a border easement granted to the City, or; 2. . Consolidated ponds or swales that are located on a separate tract or lot owned by a homeowners association or dedicated to the City. Consolidated ponds or swales are acceptable on private commercial developments. 22.150.070 Design Method Drainage ponds and swales located in garrison or other standard soils shall use the equation below to determine the size of the facility: V = 1133 A, where V = Volume of swale (cubic feet) A = Pollution generation impervious surface (acres) All swale designs within the City shall specify the use of an engineered treatment soil. This soil shall be placed at a minimum thickness of six inches between the native soil and the sod layer. Engineers designing drainage facilities located in non-standard soils must submit a design deviation in accordance with SVMC 22.150.090 and receive approval from the Director prior to utilizing the above method in their design. Geotechnical justification will be required. 22.150.080 Deviations and Appeals 1. Authority.. The Director may grant a deviation from the requirements of this ordinance or City Standards. In granting any deviation, the Director may prescribe conditions that are deemed necessary or desirable for the public interest. 2. Deviation Criteria. No deviation shall be granted unless the applicant demonstrates, to the satisfaction of the Director, the following: a. Deviations are based upon sound engineering principles, best management practices and are not inconsistent with the public interest in stormwater control and environmental protection; and b. The granting of the deviation will not be unduly detrimental or injurious to other properties in the vicinity and downstream. c. The proposed deviation does not conflict with or modify a condition of approval. d. Deviations meet requirements for safety, function, appearance, and maintainability. 3. Prior approval: Any deviation shall be approved prior to acceptance of residential and commercial construction plans and issuance of any building, approach, or site work permits. 4. Right of appeal: All actions of the Director in the administration, and enforcement of this chapter shall be final and conclusive, unless within fifteen (15) days from notice of the Director's action, the applicant or an aggrieved party files a notice of appeal with the Hearing Examiner. P:1Community Development\Development Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 47 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 ► 'At 22.150.090 Stormwater Facility Construction and Certification All stormwater facilities shall be completed and certified by the proponent's engineer prior to any final plat, short plat, binding site plan, or the issuance of a permanent Certificate of Occupancy or final inspection for any associated building. At the discretion of the Director, a test of the facility may be performed to demonstrate adequate performance. The test shall be performed in the presence of Development Engineering personnel. Acceptance of performance sureties in lieu of completed improvements shall be permitted only when completion of improvements prior to 'final land action or permanent Certificate of Occupancy is impractical (i.e., due to construction season delays or other factors beyond the proponent's control). In the event that a performance surety is accepted by the Director, the proponent will complete the following measures prior to the release of the surety: 1. All aspects of the drainage facility, including landscaping, irrigation, and establishment of specified vegetation, shall be completed in accordance with the accepted plans on file with the City. The proponent's engineer shall certify the improvements and request an oversight inspection from Development Engineering personnel. 2. An exception may be granted for single-family or two-family residential subdivisions where the completion of the swales is not practical until such time as the dwellings are constructed. The proponent shall rough grade the swales to the required volume and install all drywells, inlets, curb drops and other structures in accordance with the accepted plans on file with the City. Erosion control measures shall be implemented to protect the installed drainage structures and to prevent erosion and/or failure of the Swale side slopes. This includes but is not limited to lining the Swale with geo-fabric that can be removed along with accumulated silt, until the Swale is final graded and vegetated. The completion of the landscaping, irrigation, and establishment of specified vegetation shall be required prior to issuance of the permanent Certificate of Occupancy or final inspection for any associated dwelling. A warranty surety shall be submitted to the City upon successful completion and certification of all public improvements to guarantee against defects in construction. The warranty surety will be for a period of two (2) years from the date the facility is accepted by the City. 22.150.100 Inspection The Director is authorized to field inspect, as appropriate, street, building site, and drainage construction to verify conformance with City standards and the conditions of approval. 22.150.110 Property Owner Responsibilities 1. The property owner shall comply with provisions of this section and City standards. The property owner shall be responsible for repair, restoration, and perpetual maintenance of the stormwater facility installed on private property and any portion of the Swale situated'in a public right-of-way adjacent to their respective properties. 2. For purposes of this chapter, "repair and restoration" shall mean conforming the stormwater facility to the plans on file with the City. This responsibility to repair, restore and maintain shall be imposed without regard to any fault or wrongful intention on the part of the property owner. a. Maintenance means preservation of the original area, volume, configuration and function of the stormwater facility as described in the plans. b. Maintenance also includes mowing, irrigating, and replacing when necessary, the lawn turf within the swales. The property owners within single-family and two-family residential subdivisions are not responsible for maintenance of structures such as drywells, inlets, and pipes that receive runoff from public right of way and conform to City access standards PACommunity DevelopmentlDevelopment Regulationsl3 PC Rcommendation DrafiStPC Recommended Draft Title 22 07-24-07.doc Page 48 of of 49 PC Recommended Draft- COSY Uniform Development Code Title 22 and are located within the public right of way or a border easement dedicated to the City. The City of Spokane Valley will maintain these structures upon acceptance of the public infrastructure. 3. The property owner is responsible for keeping open the drainage and stormwater easements on their property. If a drainage or stormwater easement is unlawfully encroached upon or the.function of a designated drainage or stormwater easement is reduced, the property owner is responsible for removing the encroachment or detriment. 4. The property owner is responsible for keeping open maintenance access easements serving drainage facilities and drainage easements. 5. The property owner shall not place or permit, and shall immediately remove, vehicles, equipment, objects, refuse, garbage or litter from the stormwater facility. 22.150.120 Public Drainage Facilities It shall be unlawful for any person to throw, drain, pour or otherwise discharge unauthorized waters or other liquids onto City property, rights-of-way, or border easements, without written permission of the Director. For purposes of this chapter, unauthorized waters include, but are not limited to: 1. Groundwater from springs or other natural or artificial sources, foundation drains, sump pumps, and other means of discharging groundwater to the surface; 2. Surface water containing sediment; 3. Discharges from swimming pools, hot tubs, detention or evaporation ponds; 4. Water discharged from the cleaning of containers or equipment used in laying, cu Ling, or processing concrete and mortar and the water used in such processes; 5. Water discharged from the cleaning of equipment or containers holding paint solvents or similar contaminants; and 6. Other water posing a safety hazard in the travel way or that could reduce the effectiveness of stormwater control and treatment facilities. 22.150.130 Failure to Comply - Nuisance The following is declared to be unlawful and a public nuisance: 1. The placement, construction, or installation of any structure within, or the connection to, a public stormwater facility without written permission of the Director; or 2. The discharge of stormv~rater to a public stormwater facility without permission of the Director; or 3. The failure to construct or maintain the stormwater facility as required in the permit or site drainage plan; or. 4. The placement or allowing- the placement of vehicles, equipment, objects, refuse, garbage, or litter within the stormwater facility. 22.150.140 Enforcement Enforcement of this chapter shall be pursuant to SVMC 17.50. C"111 PACommunity Developmeni\Development Regulationsl3 PC Rcommendation Drafts\PC Recommended Draft Title 22 07-24-07.doc Page 49 of of 49