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2003, 03-11 Regular Meeting1. CALL TO ORDER Council Agenda! March 11, 2003 CITY OF SPOKANE VALLEY AMENDED MARCH 11, 2003 CITY COUNCIL AGENDA — REGULAR MEETING SPOKANE VALLEY COMMUNITY CENTER 10814 East Broadway Avenue Spokane Valley, Washington Tuesday, March 11, 2003 6:00 p.m. 2. INVOCATION Pastor Jim Catlin, Spokane Bible Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 6. APPROVAL OF AGENDA 7. PUBLIC COMMENTS (For members of the public to speak to the Council regarding matters NOT on the agenda. Please state your name, address and subject for the record and limit remarks to three minutes. Thank you.) 8. COUNCIL REPORTS A) Incorporation Celebration 9. CONSENT AGENDA (Consists of items considered routine which are approved as a group. A Councilmemher may remove an item from the Agenda to be considered separately.) /AA) Approve Regular Meeting Minutes, February 25, 20030opy available at meeting) 1,B) Approve Special Meeting Minutes, February 27, 2003 / C) Approve Claims Obligations in amount of $139,739.71 10. PUBLIC HEARING A) § pokane County Comprehensive Plan Open Public Hearing on Comprehensive Plan 2) Receive Public Comments on Comprehensive Plan (All persons speaking please sign -in with name, address, telephone number) 3) Close Public Hearing 11) Spokane County Phase 1 Zoning Ordinance 1) Open Public Hearing on Phase 1 Zoning Ordinance 2) Receive Public Comments on Phase 1 Zoning Ordinance (All persons speaking please sign -in with name, address, telephone number) 3) Close Public Hearing 1 11. ACTION ITEMS ,A) Ordinances — First Reading 1) Agenda Bill No. 2003 -070, Comprehensive Plan (Ordinance No. / 52)(PUBLIC COMM ON ORDINANCE NO. 52) ORDINANCE AVAILABLE AT MEETING 2) Agenda Bill No. 2003 -071, Phase 1 Zoning Code (Ordinance No. 53) / (PUBLIC COMMENT ON ORDINANCE NO. 53) ORDINANCE AVAILABLE AT MEETING ✓ 3) Agenda Bill No. 2003 -072 Phase 1 Zoning Map (Ordinance No. 54) (PUBLIC CO,MM ON ORDINANCE NO. 54) ''4) Agcnda Bill No. 2003 -073, State Environmental Protection Act (SEPA) (Ordinance No. 48) (PUBLIC COMmENr ON ORDINANCE NO. 48) /5) Agenda Bill No. 2003 -074, Flood Hazard Plan (Ordinance No. 51) (PUBLIC COMiMENr ON ORDINANCE NO. 51) ORDINANCEA VAILABLEATMEF77NG 4) Agenda Bill No. 2003 -075, Critical Areas (Ordinance No. 49) (PUBLIC COMMENT ON ORDINANCE NO. 49) / Agenda Bill No. 2003 -076, Critical Areas Map (Ordinance No. 50)(PUBLIC comm I NT ON ORDINANCE NO. 50) Agcnda Bill No. 2003 -077, Business Registration (Ordinance No. 34) (PUBLIC COMMENT ON ORDINANCE NO. 34) 12. CITY MANAGER AND STAFF REPORTS 13. PUBLIC COMMENTS (Maximum of three minutes please; State your name; address and subject for the record) 14. NEW BUSINESS 15. ADJOURNMENT FUTURE SCHEDULE A) Mar. 13, 2003, Special Council Meeting, 6:00 p.n:., City Hall B) Mar. 18, 2003, Council Study Session, 6:00 p.m., City Hall C) Mar. 25, 2003, Council Regular Meeting, 6:00 p.ni., City Hall D) Mar. 27, 28, 29, 2003 City Manager Final Interviews E) Mar. 31, 2003, SPOKANE VALLEY INCORPORATION F) Apr. 1, 2003, Council Study Session, 6:00 p.m., City Hall G) Apr. 8, 2003, Council Regular Meeting, 6:00 p.m., City Hall H) Apr. 15, 2003, File Public Disclosure Reports 1) Apr. 15, 2003, Council Regular Meeting, 6:00 p.m., City Hall Council Agcnda: March I I, 2003 2 1. CALL TO ORDER 8. COUNCIL REPORTS Council Agenda: CITY OF SPOKANE VALLEY CITY COUNCIL AGENDA — REGULAR MEETING SPOKANE VALLEY COMMUNITY CENTER 10814 East Broadway Avenue Spokane Valley, Washington Tuesday, March 11, 2003 6:00 p.m. 2. INVOCATION Pastor Jim Catlin, Spokane Bible Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 6. APPROVAL OF AGENDA 7. PUBLIC COMMENTS (For members of the public to speak to the Council regarding matters NOT on the agenda. Please state your name, address and subject for the record and limit remarks to three minutes. Thank You.) 9. CONSENT AGENDA (Consists of items considered routine which are approved as a group. A Councilmcmbcr may remove an item from the Agenda to be considered separately.) A) Approve Regular Meeting Minutes, February 25, 2003(copy available at meeting) R) Approve Special Meeting Minutes, February 27, 2003 C) Approve Claims Obligations in amount of $139,739.71 10. PUBLIC HEARING A) Spokane County Comprehensive Plan 1) Open Public Hearing on Comprehensive Plan 2) Receive Public Comments on Comprehensive Plan (All persons speaking please sign -in with name, address, telephone number) 3) Close Public Hearing B) Spokane County Phase 1 Zoning Ordinance I) Open Public Hearing on Phase 1 Zoning Ordinance 2) Receive Public Comments on Phase 1 Zoning Ordinance (All persons speaking please sign -in with name, address, telephone number) 3) Close Public Hearing 11. ACTION ITEMS A) Ordinances — First Reading 1) Agenda Bill No. 2003 -070, Comprehensive Plan (Ordinance No. 52)(PUBLIC COMMENT ON ORDINANCE NO. 52) ORDINANCE AVAILABLE AT MEETING 2) Agenda Bill No. 2003 -071, Phase 1 Zoning Code (Ordinance No. 53) (PUBLIC COMMENT ON ORDINANCE NO. 53) ORDINANCEA VAIL.ABLEAT MEETING 3) Agenda Bill No. 2003 -072 Phase 1 Zoning Map (Ordinance No. 54) (PUBLIC COMMENT ON ORDINANCE NO. 54) 4) Agenda Bill No. 2003 -073, State Environmental Protection Act (SEPA) (Ordinance No. 48) (PUBLIC comm ENT ON ORDINANCE NO. 48) 5) Agenda Bill No. 2003 -074, Flood Hazard Plan (Ordinance No. 51) (PUBLIC COMAIENT ON ORDINANCE NO. 51) ORDINANCE A VAI LA BLE A T MEETING 6) Agenda Bill No. 2003 -075, Critical Areas (Ordinance No. 49) (PUBLIC COMMENT ON ORDINANCE NO. 49) 7) Agenda Bill No. 2003 -076, Critical Areas Map (Ordinance No. 50)0.uuLIc COAIAIENT ON ORDINANCE NO. 50) 8) Agenda Bill No. 2003 -077, Business Registration (Ordinance No. 34) (PUBLIC COMMENT ON ORDINANCE NO. 34) Council Agenda: B) Contracts 1) Agenda Bill No. 2003 -, Library Services (Interlocal Agreement No. CO3- 19) (PUBLIC COMMENT ON AGREEMENT NO. CO3 -19) CONTRACT AVAILABLE A T MEE7YAT; 12. CITY MANAGER AND STAFF REPORTS 13. PUBLIC COMMENTS (Maximum of three minutes please; state your name, address and subject for the record) 14. NEW BUSINESS 15. ADJOURNMENT FUTURE SCHEDULE A) Mar. 13, 2003, Special Council Meeting, 6:00 p.m., City Hall B) Mar. 18, 2003, Council Stud' Session, 6:00 p.m., City Hall C) Mar. 25, 2003, Council Regular Meeting, 6:00 p.m., City Hall D) Mar. 27, 28, 29, 2003 City Manager Final Interviews E) Mar. 31, 2003, SPOKANE VALLEY INCORPORATION F) Apr. 1, 2003, Council Study Session, 6:00 p.m., City Hall G) Apr. 15, 2003, File Public Disclosure Reports H) Apr. 15, 2003, Council Regular Meeting, 6:00 p.m., City Hall 2 NAME PRESENT /ABSENT COMMENTS Mayor Michael DeVleming- Position No. 3 / Deputy Mayor Diana Wilhite- Position No. 1 ( Councilmember Dick Denenny - Position No. 7 f Councilmember Mike Flanigan- Position No. 6 I' Councilmember Rich Munson- Position No. 5 Councilmember Cary Schimmels- Position No. 4 i Councilmember Steve Taylor - Position No. 2 CITY OF SPOKANE VALLE COUNCIL MEETING DATE COUNCIL ROLL CAI.,L A.e �� j c�C)d NAME PLEAS ' PRINT ADDRESS TELEPIIONE A / ' 1 L . / o7 . 7 1 1 c. 4 1 1 5 E. A - x35 -• 6' o 573 PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE I fl arc1 (I , )d 3 CITIZEN COMMENTS ON ITEMS NOT INCLUDED ON THIS AGENDA. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOUR TIME WILL BE LIMITED TO THREE MINUTES * * * * * * 1 • IF I, • 4 * * * 1 ir * * * * * * * * * * * • * * * * * A tribute to Lt. Col. Michael Anderson Tuesday, March 11, 2003 11:00 a.m. Seating of Family "America the Beacrtj i" Posting of Colors "National Anthem" Invocation Welcome Inspirational Message "Battle Hymn of the Republac Remarks Mr, Kenny Andrews Cal wry Baptist Church Fairchild Air Force Base Honor Guard Ta naru Power -f ri.jtrs O:dsca Allefirt Chr rncy High School Pastor Lonnie Mitchell Bethel AME Church The Honorable John Powers, Jr. Mayor of Spokane Pastor John Claiborne Morning Star Baptist Church Reflections National Leaders Judi Olson for Senator Patty Murray Robert Thorns for Senator Maria Cankwwell . Nancy pike for Representative George Nethercutt Community Choir The Honorable Gary Locke Governor of Washington "1'I Do t#is Will Community Choir Reflections, Military Leaders NASA Astronaut Steve Robinson Fairchild AFB Colonel Randal' Fullhart Commander, 92d Air Refueling Wing Fairchild Chaplain Lt. Col, Rob Stroud Reflections, Civic Leaders and Religious ious Leaders The Honorable Amy Jo Sooy, Mayor, Cheney, WA Dr. Phil Snowdon, Cheney School District Rev. Ezra Kinlow, Pres., Intl Ministers Fellowship Union Rev, C.W. Andrews, Pres., North Pacific Bapt. Convention. Special Tribute "Going Lip Yonder" Introduction Message Closing Remarks (Benedict on Departure of Family Ms, Courtney Milian Mornir g Star Baptist Church COMM n t Choir Rev. Percy Happy Watkins New Hope Baptist Church Rev. Freeman Simmons, Pastor Emeritus, MSBC Happy The following companies and organizations join with the people of the inland Northwest to pay tribute to lrt Col, Michael Anderson and his family~ Avesta and its employees Bank of America Beau -1( Florist Calvary Baptist Church Cheney High School City of Cheney City of Spokane The Coeur d'Alene Resort The Davenport Hotel Deaconess Medical Center Empire Ford Fairchild Air Force Base Flash Brothers Hamilton Photography and Film Company Hanna a& Associates Holy Family Hospital Holy Temple Church of God in Christ Inland Empire Chapter, #245, Aar Force Association Larry's Barber Shop Military Officers Association of America Morning Star Missionary Baptist Church New Hope Baptist Church Northwest Gourmet Onyx Paine Hamblen Coffin Brooke t Miller Papermill Printing Sacred Heart Medical Center The Spokesman - Review Washington Trust Bank Wend le Ford Wheatland Bank Whitworth College 10E / �k 59 ` 7iGte-,■ 1, (9-�v3 Woodland Terrace Preservation Society � - Name Address City State rip Dan Ackerman 4326 E 151h Spokane WA 99212 -0280 Camilla Alexander 4422 E. 15th Spokane WA 99212 - Dorothy Y. Allen 4111 E. 8th Spokane WA 99202 - A. Andrews 4115 E. 121h Spokane WA 99202 Tom Askman 4248 E. 8th Spokane WA 99202 - August Assfalg 4414 E. 6th Ave. Spokane WA 99212 Violet Assing 926 S Willamette Spokane WA 99212 Ed Bally 1310 S Havana Spokane WA 99212 Bruce & Sheila Bell 1216 S. Kahuna Dr. Spokane WA 99212 Bill & Judy Bergin 4208 E. 8th Spokane WA 99202 Ronald Bishop 4812 E. 12th Ave. Spokane WA 99212 Randy Blurn 4523 E. 161h Spokane WA 99212 Lyle & Barbara Bossuyt 4107 E. 12th Spokane WA 99202 Daryl Boudreau 4605 E. 15th Spokane WA 99212 - Jason Branting 4415 E 6th Spokane WA 99212 Luella Briggs 4017 E. Pratt Spokane WA 99202 -5361 TJ & Kris Brill 4609 E. 15th Spokane WA 99212 - James Brown 4208 E Pratt Ave. Spokane WA 99202 Kurt & Laura Bubna 4513 E. 14th Spokane WA 99212 Jodi Bueckers 925 S. Williarnette Spokane WA 99212 Robert & Sharol Bushnell 4501 E. 14th Spokane WA 99212 - Jean Chamberlin E 4821 6th Ave. Spokane WA 99212 Darlene & Karen Chaney 914 S. Willarette Spokane WA 99212 - Tanya Cherni 4507 E. 15th Ave. Spokane WA 99212- H. Churchill 4307 E 6th Ave. Spokane WA 99212 Richard "Rick" Clark 901 South Willamette Spokane WA 99212 Carl Clitf 515 S. Granite Dr. Spokane WA 99212 Tom Clovis 5002 E. 8th Spokane WA 99212 - Dennis & Steph Cowley 4503 E. 16th Spokane WA 99212 - Bruce Cram 717 S. Havana Spokane WA 99202 Lonnie & Kristin DeLeeuw 4718 E. 15th Spokane WA 99212- Tuesday, March 11, 2003 Page 1 of 4 Name Masse City State lip Code D. Dengler 4233 E. 12th Spokane WA 99202 Keno & Laurie DeVarney 1715 S. Stanley Spokane WA 99212 - Elerie Dial 4005 E 8th Ave. Spokane WA 99202 Tom & Brenda Epperson 4314 E. 7th Spokane WA 99212 - Svetlana Filipenko 4715 E. 15th Ave. Spokane WA 99212 - Suzie Fine 4502 E. 15th Spokane WA 99212 - Jarnes Flaherty 4920 E. 8th Spokane WA 99212 - Ross E. Fricke 1219 S. Havana Spokane WA 99202 - Jason Gordon 4410 E. 14th Spokane WA 99212 - Dan Gunstrom 3707 E. 9th Ave. Spokane WA 99202 John Gunther 5600 E. 8th Ave Spokane WA 99212 Janet Hall 4005 E 8th Ave. Spokane WA 99202 Michael & Johnee Handy 1710 S. Kahuna Dr. Spokane WA 99223 Brian Hanotte 4604 E. 15th Spokane WA 99212 - Brian Hare 1304 S. Havana Spokane WA 99212 - Bert Hayward 4248 E. Hartson Spokane WA 99202 Wm. Hendrikson 4302 E. 5th Spokane WA WA T.J. Herman 1227 S. Havana Spokane WA 99202 - Jeannette Hull 4622 E 6th Ave. Spokane WA 99212 -0376 Cindy Jahn 623 S. Rebecca Spokane WA 99202 The Family of Greg Johnson 4413 E. 14th Spokane WA 99212 - Robin Johnson 4108 E. 8th Spokane WA 99202 Collin Jones E 4025 9th Spokane WA 99202 Rafiell Jones 4510 E. 14th Spokane WA 99212 - Don Kachinsky 216 S. Koren Spokane WA Michael Keefe 831 S. Chronicle Spokane WA 99212 Mike & Mary Jo Kester 5715 E. 8th Spokane WA Andy & Bernice Kinzer 824 S. Willamette Spokane WA 99212 - Cary Krahn 4102 E 9th Ave. Spokane WA 99202 Dave & Liz Krise 4315 E. 14th Spokane WA 99212 - Rick & Wendy Kurtz 4515 E. 14th Spokane WA 99212 Haden & Nellie Lange 3812 E. Hartson Spokane WA 99202 Jon Lange 4516 E. 14th Spokane WA 99212 Tuesday. March 11, 2003 Page 2 of 4 Name Address City State Zip We Wayne & Marilyn Lawson 4917 E. 17th Ct. Spokane WA 99212 - Brett & Marcia Lemaster 4325 E. 15th Spokane WA 99212 - Edith Leneke 4208 E. Hartson Spokane WA 99202 Debby Looney 4927 E 9th Spokane WA 99212 Kenneth Lower 4425 E. 15th Spokane WA 99212 Jeff & Sherrib Lynch 4117 East Ninth Spokane WA 99202 Joe & Kate Mackey 4223 E. Pratt Spokane WA 99202 - Bernard & Theresa Mallory 4508 E 14th Spokane WA 99212 Scott & Dana Malmin 4719 E. 15th Spokane WA 99212 - Marjorie Martin 6214 6th Ave., #F2 Spokane WA 99212 Jun Mascardo 4108 E. 9th Ave. Spokane WA 99202 Vicki McBride 4204 E. Pratt Spokane WA 99202 Chris Mercer 4047 E. Hartson Spokane WA 99202 June Middlemas 4719 E 6th Ave. Spokane WA 99212 Margaret Mingus S 503 Custer Rd. Spokane WA 99212 Joann Mirasole 6208 E. 10th Spokane WA 99212 - Tom & Cherie Moisan 4005 E 9th Ave. Spokane WA 99202 Harry Morley 4118 E. 8th Ave. Spokane WA 99202 Owen Munhall 5609 E. 8th Spokane WA 99212 Don & Eunice Munstedt 809 S. Willamette Spokane WA 99212 - Doug & Nicole Oliver 4427 E 15th Spokane WA 99212 Jacqueline & Lewis Orland 4247 E 8th Ave Spokane WA 99202 Jim Orvis E 4707 3rd Spokane WA 99212 -0723 Paula & Carl Otholt 1305 S. Havana St. Spokane WA 99202 Neta Percifield 4425 E. 16th Spokane WA 99212 - Stefanie & Robert Pettit 4921 E. 17th Spokane WA 99212 - Mark Polione 4710 E. 15th Spokane WA 99212 - Rick Pound 19204 NE 159 Woodenvile WA 98072 Grant & Suzie Quarve 4245 E 8th Spokane WA 99202 - John Reesing 4405 E. 14th Spokane WA 99212 Roy Repp S 416 Howe Spokane WA 99212 Roger L. & Carmel A. Requa 4517 E. 8th Spokane WA 99212 Linda Ripke 4233 E. 11th Spokane WA 99202- Tuesday, March 11. 2003 Page 3 of 4 Name Address City State 7.i Code Jerome & Melissa Ripley 1201 S. Havana Spokane WA 99212 - Greg Ripley, Sr. 4104 E. Pratt Spokane WA 99202- Jim Scharff 808 S. Carnachan Spokane WA 99212 Dan & Lori Sherfey 4252 E. 9th Spokane WA 99202 Nora Sheridan 608 S Havana Spokane WA 99202 Mike Smith 4311 E 14th Ave. Spokane WA 99212 Kay Smith 4421 E 7th Ave. Spokane WA 99212 Ronald Smith 4421 E. 7th Ave. Spokane WA 99212 -0389 Ron & Betty Sowers 4017 E. 12th Spokane WA 99202 Carol Spainhovrer 4253 E. 9th Spokane WA 99202- Douglas Springsteel 4417 E 8th Ave. Spokane WA 99212 Adam Stem 5003 E. 8th Ave. Spokane WA 99212 Ron Swofford 5305 E 8th Spokane WA 99212 Mike Tappe 4612 E. 15th Spokane WA 99212 - Gladys Tellessen 902 S Willamette St. Spokane WA 99212 Elaine Thomas 4605 E. 8th Spokane WA 99212 - Mrs. Maxine Tibbett 4315 E 8th Ave. Spokane WA 99212 Del & Rita Tucker 5020 E 9th Ave. Spokane WA 99212 Heidi & Michael Valantas 4404 E. 14th Spokane WA 99212 - Sharon Wagner 4022 E 8th Ave. Spokane WA 99202 Doris Williamson 315 S. McKinnon Spokane WA 99212 Joe C. Wilson 4223 E. 11th Spokane WA 99202- Frances & Everett Wilson 4413 E. 8th Spokane WA 99212- Duane & Daveine Yates 5203 E. 8th Ave, Spokane WA 99212 Julie Zimmerman 4720 E 15th Spokane WA 99212 Tuesday, March 11, 2003 Page 4 of 4 9 NAME PLEASE PRINT ADDRESS TELEPHONE G \4t -(k. k- 11i.,,, _. 1 aii). iluvo tko,_ - - S - 3' d 6 &I ' 6 itn , ( 62r -(AJ C 1 7 fu t 1--( < Act L D q Z7 e)?-4-S t eal-fgetLe, PUBLIC HEARING SIGN -IN SHEET SPOKANE VALLEY CT T Y COUNCIL MELTING DATE ()la mh // s BUD 3 SUBJECT Oa .Prrhe..Site Pin Y\ Ord; r anee. ALL PERSONS WISHING TO SPEAK AT THE PUBLIC HEARING MUST SIGN IN WITH YOUR NAME AND ADDRESS FOR THE RECORD. THERE MAYBE A TIME LIMIT FOR YOUR COMMENTS. A COPY OF ANY WRITTEN COMMENTS RELATING TO THE, PUBLIC HEARING SUBJECT MUST BE PROVIDED TO THE CITY CLERK Growth Management in the City of Spokane Valley March 11, 2003 13i11 Gothmann The 75 -page growth management act, in its section on Urban Growth Areas, advises us that "Cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth," RCW 36.70A.110. Thus, its all about choice -- thc choices we will make to grow our city. In response to the 75 page growth management act, the County developed a 200 page Comprehensive Plan, which you have before you. In it, the plan states, "neighborhood character should be preserved and protected," page UL -1. We need to heed the Plan's advice and make careful choices to preserve the many choices we have as citizens of this great area. Some of our neighbors have chosen to live in manufactured homes on cul de sacs, where a close relationship can be developed with their neighbors. On the other hand, the Plan discourages cul de sacs in Policy UL -2.20. Some of our neighbors have chosen high density housing, providing ready access to services along Sprague and Pines. On the other hand, the Plan requires distribution of multi family housing throughout the Urban Growth Area, Policy UL2.17. Some of our neighbors have chosen homes among the trees in beautiful urban areas, such as around Bowdish Junior High School, with well manicured lawns and sidewalks. On the other hand, the Plan requires separated sidewalks and the planting of curbside trees, Policy UL2.14. Further, Policy NE27 is very anemic in its preservation of these same trees that make that beautiful neighborhood what it is today. Some of our neighbors have chosen low density housing, without sidewalks, so that they can accommodate their horses. Policy UL2.14 requires them to have sidewalks, instead of the bridle paths they need. Our business neighbors have chosen among Sprague locations, Mall locations, and other business - desirable sites. However, the Plan places many of them in non- compliance, and encourages then to provide inadequate parking to force patrons to take mass transit, Policy 2.24. I suggest we need to amend the plan to meet our needs and the needs of our neighbors. WAC 36.70A.130 provides that we may amend the plan every year, and the County Comprehensive Plan permits the Planning Commission to initiate these amendments. I recommend that the Council charge the Planning Commission with the task of gathering public input to amend the Plan, with an initial target date of one year from now. Let us get to work and produce a 20 -year Comprehensive Plan that will preserve the diversity of our community, be the envy of communities around us, and leave a meaningful, lasting legacy to our children. NAME PLEASE PRINT ADDRESS TELEPHONE Ra Ahti.(lek) 30a5 S. RAnne el Ct 507--jxy -9P7So - at ( C - • -"0-- )1 Mann 10010 4 AO Qt 7.2g %)5 0.,cifir /304- g . 7/eseexi 5' --- 3 7 1) lyi 3ty /t). E 92/•--5 /c, 0 azez, -,,W.2- .4" PUBLIC IBEARING SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE //la SUBJECT Rh ■ner K)rd ; nalte e ALL PERSONS \VISITING TO SPEAK AT THE PUBLIC HEARING MUST SIGN IN \Van YOUR .NAME AND ADDRESS FOR THE RECORD. THERE MAY A TIME LIMIT FOR YOUR COMMENTS. A COPY OF ANY WRITTEN COMMENTS RELATING TO THE PUBLIC HEARING SUBJECT MUST BE PROVIDED TO THE CITY CLERK ikdA List Wayne Frost's list of uses he desires to be in the I -2 Zoning .District • Assembly — light. P • Banks, savings/loan & other financial Institutions. P • Brewery, winery tasting & sales P • Computer, communications, & electronics manufacturing & sales P • Day Care centers P • Entertainment, sports, athletic & recreational facilities N/P • Hotels and Motels P • Restaurants P • Office, business & professional P • Schools Sc. colleges N/P • Professional, technical and trade schools P • Health Care Facilities P • Veterinary P • Barber/beauty shop p • Home & office supplies, including building supplies P • Car wash P • Churches N/P • Community clubs, hall & lodges N/P • Community transit centers P • Fire stations P • Parks P • Post Office P • Communications Equipment P • Public Utility Facilities P • Taverns N/P Currently Permitted/Not Permitted March 11, 2003 Council Members City of Spokane Valley 11707 East Sprague Ave. Spokane, WA 99206 Re: Written Testimony Submitted as Public Comment on the item of Adoption of Spokane County Phase I Zoning Ordinance /1-2 uses. Dear Council Members, 1 would like to introduce you to Village Square Realty, Inc.. Our company has been actively involved in sales, leasing, development, and management of Spokane Valley real estate since 1979. At the present time, Village Square Realty has management responsibility for 500,000 plus square feet of commercial property in the Spokane Area, with the majority of said property zoned light industrial and located in the new City of the Spokane Valley. Village Square Realty, Inc. would Tike to urge the Council Members to change four (4) items in the proposed Phase I Zoning Ordinance. 1. Industrial Zones Matrix -Allow Business Uses within the Light Industrial (1 -2) Zone. Industrial Zone Matrix - Allow Retail Sales to be permitted in Light Industrial (1 -2) Zone. 3. Industrial Zone Matrix - Allow Self- Service Storage Facilities in Light Industrial (1 -2) Zone. 4. Industrial Zone Matrix - Allow Churches in the Light Industrial (1 -2) Zone. As the Council deliberates the decision to adopt Spokane County's current Comp Plan and Phase I Zoning Ordinances, please do not rely on provisions in the documents that would allow for administrative procedures to change these issues later. If the Comp Plan and Phase 1 Zoning Ordinances are adopted "As Is ", many business in the new light industrial zone would become non - conforming uses. This will create a giant problem for properly owners, tenants and city planning staff. Please consider making these four changes prior to adoption and send a message that this council and the City of the Spokane Valley is truly a business friendly city. Sincerely, Robert K. Amsden, CCIM Village Square Realty, Inc. 12309 E. Mi ra bea u Parkway Spokane, WA 99216 Phone No. (509) 924 -9730 obert A. Bonuccelli !l /I b, 1 J �� J. mes A. onuccelli Village Square Realty, Inc. BARNES CONSULTING COMPANY Thank you for your consideration., S. 104 Freya — W11ite Flag hind,. — Suite 119 • .p.:44m. TA 99202.4862 P6une:1509) 777-0008 • l=ax: (509) 777 -0012 RECE E D // rville 13ame_ • • MAR 1 12403 MEMORANDUM City of Spokane Valley TO: CITY COUNCIL MEMBERS — CITY OF THE VALLEY FROM :" ORVILLE BARNES SUBJECT: AGENDA ITEM 10B -MARCH 11, 2003 MEETING DATE: - 3/11/03 For some time now '1 have been aware that the Spokane County Commissioner, created a very serious problem for some property owners along the Appleway corridor. Some of the parcels between Appleway and Sprague AVenue are zoned industrial along Appleway and the northern portion of.thesc parcels is zoned B-3 commercial. This action by the Commissioners has created a situation whereby it may he impossible to redevelop some vacant property without a zone change. There are potential users that simply won't take the time to go through that process since there is other B -3 property in the City of the Valley that they can locate at without the necessity of a zone change. What may occur then will be that currently vacant buildings may sit idle, creating an eyesore and ultimately causing financial distress to the property owners. I understand that a recommendation will be coming before you that would allow retail uses under a special use permit. As I understand that process as currently in place under the county, it does not apply to some new user but only would permit. an existing user to continue. if the existing use ceased to exist, then a new user, even for an identical purpose would not be able to gee a variance or special use permit. ,Even though it may be a little controversial, it will be in the best interest of the City of the Valley to adopt an ordinance that puts the old matrix in place that the County operated under before it's relatively recent adoption of the growth management plan and zoning in the afore mentioned corridor and setting of uses . permitted in the industrial zone. This would permit retail uses in that zone and 1 believe will be necessary for the best and earliest re- development of existing vacancies. The above problem has been identified before and 1 believe that if you take a pro-active stance and adopt a solution, which truly encourages development, the entire City will benefit_ It is essential that this problem be overcome so that entrepreneurs can develop something positive for the City of the Valley. March 10, 2003 LAFARGE NORTH AMERICA Cement Dear Mayor and Council Members: 104 S. Freya, Suiie 1128 Spokane, WA 90202 I am writing to you as a representative of Lafarge North America to support the adoption of a 25% administrative height variance. On March 11 an important decision will be brought before you conceming the future of your new city. This decision revolves around the issue of the height variance process for projects that exceed zoning limitations. The two options include allowing height variances to be granted administratively for projects less than 25% over zoning restrictions, or continuing with the counties 10% margin. This may appear to be a small issue, but as a representative of a corporation considering constriction of a new multimillion- dollar cement distribution facility in your city the decision may have profound implications. The reason for this is that our proposed facility will exceed the current zoning restriction on 1 -3 sites by over 10 %. If 25% is adopted as the standard for an administrative variance then the permitting process will be expedited, and Spokane Valley will have gained an advantage over Spokane, Spokane County, and Liberty Lake in its ability to attract business. For this reason, I encourage you to support a 25% administrative height variance process. I look forward to hearing from you on this issue, and am available to meet with you at your convenience 'Concerning our proposed project. Sincerely, Peter Gay Special Projects Coordinator Lafarge North America Office (509) 534 -5881 Mobile (509) 979 -7767 Fax (509) 534 -5882 Mr. Mike DeFleming, Mayor City of Spokane Valley • 11707 E Sprague, Suite 106' ' Spokane, WA 99206 Re: Uses in Industrial Zones Dear Mr DeFleming::. Insomuch as the City of Spokane Valley is adopting the land use plan for the new city, it is important to consider appropriate uses to be allowed in the Industrial Zones. The classifications allowed within an Industrial Zone are much too restrictive for industrial and business parks. • • Today's modern Industrial and Business Parks (I Zones) typically have many uses that are found in B zones, but not currently allowed in an I Zone.. Specific uses that should be allowed within Industrial and Business Parks (I zones) are marked on the enclosed Business Zone Matrix. The whole concept of Industrial and Business.Parks is to allow business and trade to take place within the area including all ancillary services. The most important uses are office, warehouse and light assembly with service businesses to meetthe needs of the employees working in the area.. We request that the City of Spokane Valley adopt land uses and zoning regulations which meet the needs of today's industrial and business parks. Very truly yours, D VC N, Inc. hn G. Miller, President Dig/CON, /nC. _Diversified Constrnct/on services R arch 3 LC; I ED MAR 0 6 20 City of Spokane Valley P.O. Box 18708 • Spokane, WA 99228 -0708 • (509) 466 -8900 • FAX 466 -8916 • E -Mail divconedivcon- rnc.com • D1VC01.213C3 Printed: October i988 Chapter 14.623 BUSINESS ZONES MATRIX Secti0n: 14.623.02 Use 14.623.080 Index of Letters and Symbols Above- ground tank storage of p- Acc {1) P Acc(1) P Acc(1 ) liquified petroleum gas (LPG) N P { 1) p (1 ) Adult Bookstore N P (1) P (1 ) Adult Entertainment Establishment C U (1) P Ambulance service large and ,4 Animal clinic/veterinary g N P P small animals P P Antique store N N P P Apparel /tailor shop N P P P .4e Appliance sales/service ,. Archery, rifle, pistol, gun range P P or club (indoor only) N N P Art gallery /studio N P P P P Automobile /taxi rental Automobile/truck painting, repair. N N P body and fender works P Automobile /truck sales N P N N P Bakery, retail P P P -*Bank, savings /loan P P P Barber /beauty shop P P P Bicycle sales/service P Book/stationery store P N P P P Bowling alley P JIA Building supply, retail N P N N P Butcher shop /meat market P P P Candy /confectionery store As Car wash, automatic or self service N P P over 1 bay N N P ACC -(1 ) Caretaker's residence ,ice Carpenter shop, (excluding planing P N N mills, sawmills, etc.) N N P Ceramics Shop N P P P * Church N P P Colleges, (public and private) Commercial composting N N C.U. storage /processing P p P 4- Community hall, club or lodge Zoning Code Page 157 of Spokane County * Community transit center P P P Contractor's yard N N N ( Day care center P P P Department /variety store N P P Drug store P P P Dry cleaners /laundromat (not a plant serving more than one (1) outlet) P P P 4 Dwelling unit P (1) P (1 ) P(1 ) of Emergency clinic N P P Entertainment/recreation facilities (bingo hall, dance hall, skating rink, etc.) (N.E.C.) N P P ''Exercise facility /spa N P P Film /camera sales /service P P P Fire station P P P Firewood sales /lot/processing N N C.U. Florist shop P P P Food locker N P P Funeral home N P P 5, sales /repair N P P General personal service (N.E.C.) N P P General retail sales (N.E.C.) N P P Gift shop P P P Grocery store P(1 ) P P Hardware store P P P Hazardous waste treatment and storage facilities, off -site N N N Hazardous waste treatment and storage facilities. on -site P- Acc.(1) P- Acc.(1) P- Acc.(1) Hobby shop P P P Home improvement store (flooring, paint, rug, wallpaper) N P P Hospital P P P A'Hotel /motel N N P Jewelry sales/repair P P P Kennel N P ( 1 ) P (1 ) Library P P P Liquor store N P P A, Locksmith P P P ,0 Lumberyard, retail N N P Manufactured home sales N N P Massage parlor N P P Medical office P P P Museum N P P Music store P P P .P'Nursery /greenhouse, retail/wholesale N P P OtOffice, business, professional (N.E.C.) P P P Outdoor advertising display /structure N P (2) P (2) Printed: October 1988 B - 2 Zoning Code Page 158 of Spokane County Printed: October 1988 d Park- and -ride facility P P P - Park, public P P P Pawnshop N P P Pet shop N P P Photographic studio P P P .t3f Post office P P P Print, blueprinting, photostating, P xerographic shop N P Private repeater facility P P P Public pay parking garage N P P Public pay parking lot N P P xr Public utility local distribution facility P P P ,tf Public utility transmission facility P(1) P(1 ) P (1 ) Racetrack (horses, dogs, autos, go -carts snowmobiles, off -road vehicles, C.U. motorcycles) N N Radio/T.V. sales /service N P P Recreational vehicle sales - small (less P P than twelve (12) feet in length) N Recreational vehicle sales - large P (greater than twelve (12) feet in length) N N P Recycle collection center N P Rental shop N P P Repair shop for power equipment N P P Resort N N P or Restaurant, alcoholic N P P xr Restaurant, drive -in N P P Restaurant, non - alcoholic P P P Secondhand store N P P Self- service car wash - 1 bay C.U. P P Self- service storage facility N N P Aft- Service station, automobile P(1) P P Sign painting shop N P P Solid waste hauler N N P (1 ) Solid waste recycling /transfer site N N P (1) Solid waste recycling /transfer site, private N N C.U. Specialized training /learning schools or studios (dance, gymnastics, martial arts, etc.) NEC C.U. P P Tank storage of critical material Above - ground N N N Below- ground P -Acc P -Ace P -Acc ,Tavern N P P Taxidermy N P P Theater, indoor N P P Theater, outdoor N N P Tower P(1) P(1) P(1) Tower, private P- Acc.(1) P- Acc.(1) P- Acc.(1) Zoning Code Page 159 of Spokane County 6 -1. B -2 s -3 Trade school N P P Truck stop N N P Upholstery shop N P P Warehouse N N P Other uses as determined by the Hearing Body in public hearing as an amendment to the Zoning Code. 1 4 .6 23.0 8 0 Index of Letters and Symbols P Permitted use P (1 ) See Chapters 14.624 (B -1), 14.626 (B -2) and 14.628 (B -3) for specific standards for locating and approving these uses. P (2) See Section 14.804.180 for location and setback requirements. P -ACC. Permitted accessory use C.U. Conditional use N.E.C. Not elsewhere classified N Not permitted use ( 1 ) Specific standards exist for approving and locating these uses Printed: October 1988 Zoning Code Page 160 of Spokane County CITY OF SPOKANE VALLEY City Council Minutes Regular Meeting February 25, 2003 The regular meeting of the Spokane Valley City Council was called to order by Mayor Michael DeVleming at 6:04 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schinnnels, and Steve Taylor. Staff present: Interim City Manager Lee Walton, Interim Attorney Stanley Schwartz, Interim Deputy Manager Stan McNutt, Interim Finance Director Robert Noack, Interim Planning Director James Harris, Interim Human Resources Manager Don Morrison, Interim Accounting Manager Dan Cenis, Interim Building Official Robert Ely, Interim City Clerk Ruth Muller, and Interim Administrative Assistant Karin Bosworth. Invocation: Pastor Ian Robertson, Spokane Valley Nazarene Church, gave the invocation. Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Introduction of Special Guests: Mayor DeVleming welcomed members of Boy Scout Troop No. 423 and Leader Chris Carothers. Approval of Agenda: Councilmember Munson moved and Councilmember Taylor seconded that the Agenda be approved. The motion carried unanimously. Public Comments: David Millsap, 1213 South Pines Road, said that as the City advertises for staffing, it is important to include adequate applicant screening in the hiring process. H.e notices that there is provision for drug testing in the personnel ordinance, and suggests that the City also provide for background checks, screening and profiling of applicants. Annette Remshard, 1705 North McMillan Lane, said that she wished to clarify what she had said at a previous Council meeting. She said that the Postmaster at Greenacres Post Office is concerned and requests that Spokane Valley not petition to have zip codes changed from the present designations. Councilmember Schimmels said that he has discussed this issue with the Veradale and Greenacres people, but will again advise that the City is not suggesting any changes to zip codes. It was noted that change of zip codes camiot be made by a City legislative body. Council Minutes from February 25. 2003 - Approved on March 2003 Page 1 of 9 Council Reports: Councilmember Taylor reported that he, Mayor DeVleming and Councilmember Schimmels attended the AWC legislative conference in Olympia and were introduced to the AWC legislative functions, had opportunity to meet with counterparts from other cities, and met with Lynn Schindler and Senator Bob McCaslin. Councilmember Denenny reported that at the recent STA task force meeting the issue of internal and external opposition was discussed. It is proposed that consultants will be used to help provide information about outreach and making the Authority more responsive. Councilmember Munson reported that he and Councihnember Denenny attended the Mirabeau Point Board meeting to continue to gain information as to what role Spokane Valley may play in this project. Councilmember Munson said the Finance Committee met at length last week to discuss procedures, budget and a computer system. He commended Interim Deputy Manager McNutt and Interim Finance Director Robert Noack for their professionalism in helping the City to make the most cost effective purchasing decisions. Consent Agenda: Councilmember Munson moved and Councilmember Denenny seconded that the Consent Agenda be.approved as submitted. The motion carried ruianimously approving: (a) February 7, 2003 Special Meeting Minutes; (b) February 13, 2003 Special Meeting Minutes: (c) February 11, 2003 Ret?u la r Meeting Minutes: and (d) Claims Obligations in the amount of 5198.058.78. Confirmation of Appointments to the Lodging Tax Advisory Committee. Mayor DeVleming moved and Councilmember Munson seconded to confirm the mayor's appointments of Jeff Fox. Doubletree Hotel - Valley; Liz Beck, Super 8 Motel; Peggy Doering. Valley Fest; Jayne Singleton; Spokane Valley Legacy Foundation; and Councilmember Flanigan to the City's Lodging Tax Advisory Committee. The motion carried unanimously. Agenda Bill No. 2003 -041 (Employee Personnel Policies and Benefits): Interim City Clerk introduced Ordinance No. 44 by reading the title. interim Manager Walton said this provides for a basic merit system not a civil service system and there is background checks and screening done administratively by staff dependent upon the job position. Councilmember Munson moved and Deputy Mayor Wilhite seconded to advance Ordinance No. 44 to second reading. Interim Human Resources Manager Morrison reviewed provisions of the ordinance noting that this ordinance provides for Paid Time Off (PTO) rather than separate provisions for vacation, sick, and personal time. Mayor DeVleming said that the Council is making another change in the process. An ordinance or resolution will be introduced and an overview presented by staff, then after any questions by Council there will be public input on the issue followed by Council debate and action. Council Minutes from February 25, 2003 - Approved on March Page 2 of 9 Interim Attorney Schwartz said that this is a very comprehensive ordinance that establishes personnel policies for the city with Sections 2 through 5 including requirements of state law;other sections address classified positions, overtime and compensatory time, benefits, holidays. Other provisions for employee leave can be established at Council discretion. Councilmembers questioned staff relating to hours of work for high -level managers and possible incentives for those positions; drug testing requirements and mandatory versus management discretion and typical use of drug testing procedures; and benefits for part - time employees. Dennis Scott, 24324 East Pinehurst Lane, Liberty Lake, cautioned about providing compensatory time for high -level managers as this could lead to large accumulations that would need to be paid at current rate of pay when an employee leaves employment. Tony Lazanis, 10625 East Trent, asked that the Council use discretion and the super majority principle when hiring top executives. Councilmember Munson advised that Council only has authority to hire the City Manager and all other positions are hired by the City Manager. Jessie Lang, 6015 East Sixth, suggested that Spokane Valley look at how other cities have handled compensation for overtime as there are various ways to handle this. Torn DeGeare, 2820 South Avalon Road, said that upper management is hired by contract to do a job for a certain dollar amount and he does not believe there should be any bonus for this level management and there should be no other compensation than for what they were hired. 13i11 Gothmann, 10010 East 48 Avenue, has worked as an exempt employee and agrees that no provision for payment over 40 hours is needed as a manager has discretion to provide extra time off for an emergency or long -term project requiring many hours of work. Staff noted that this ordinance does not give manager discretion to allow for extra time off, but these positions do have 80 hours of personal time that could be used in these cases. Responding to Councilmember Munson's question relating to nonexempt personnel, interim Attorney Schwartz said that he prefers this issue be included in the personnel manual for these employees. Councilmember Denennv moved and Councilmember Flanigan seconded that Section 9.D. of the ordinance be amended to change the third sentence to read "Exempt employees may be...." and that language be added providing management discretion. Following discussion of possible abuse of such a policy and under whose authority this provision would be controlled, Councilmember Denennv withdrew his motion. Council Minutes from February 25, 2003 - Approved on March . 2003 Pagc 3 of 9 Councilmember Munson moved and Councilmember Taylor seconded to amend Section 21 b removing the floatin holiday as a le al holida Councilmember Ta dlor offered a friendly amendment to provide the day after Thanksgiving as an option for floating holiday. but withdrew the friendly amendment followine brief discussion. Leslie Bush, 1505 East 4th, Deer Park, commended the Council on its preparation for discussion of this ordinance and said that information she has obtained is that the majority of cities in Washington have 11 holidays plus 2 floating holidays. Councilmember Munson said that the City should be a reflection of the community and most private businesses do not get the same number of holidays as government employees; City staff should be available to be responsive to the community. Councilmember Taylor agreed and noted that responsiveness to the community is the primary reason for this City's incorporation. Motion to amend Section 21 removin_ floatin holida , carried by ma'orit , vote with four gye votes — Councilmembers Munson, Taylor. Denenny and Deputy Mayor Wilhite; and three nay votes — Mayor DeVleming. Councilmembers Flanigan and Schimmels. Councilmember Munson suggested that at a later date Council should address maternity leave so that the City does not reduce the importance of family by its policies. Mayor DeVleming moved and Councilmember Munson seconded to amend Section 6.A. to require pre - employment drub and alcohol testing for employees Tom DeGeare, 2820 South Avalon Road, agrees that the City should require pre- employment drug testing for all employees. Councilmember Flanigan noted that there are different levels of testing and costs for these may be needed before voting. Following discussion, it was agreed by the maker and seconder of the motion that Section 6.A. be amended to read "will require pre-employment drug screening ". The motion to amend carried unanimously. Mayor DeVleming moved and Councilmember Munson seconded that Section 6.B. be amended to rovide for random dru• testing for all em lo rees. Leslie Bush, 1505 East Fourth, Deer Park, suggested that the employment application have a place to identify any prescription drugs used by the employee as these might produce a positive drug test. Motion to amend Section 6.B. requiring random drug testing for all employees carried by majority vote with six aye votes — Mayor DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Denenny, Flanigan, Munson, and Schim.mels; and one nay vote — Councilmember Taylor. Council Minutes from February 25, 2003 - Approved on March _, 2003 Page 4 of 9 Following some discussion, it was determined that staff will research the guidelines for establishing a drug -free workplace and for pre - employment physicals. Councilmember Taylor questioned the advisability of combining all employee time off into one paid time off amount under Section 22, since the City has a thin staffing level and this may be too generous along with the holidays provided. Councilmember Taylor moved and Councilmember Munson seconded that Section 22 be amended to provide a specific provision for vacation time and separate policy for all other leaves. Councilmember Denenny said that he would like to include a period of time before new employees can use vacation time and some reward for employees who do not use sick leave. Councilmember Munson said he would not like an employee to have to use vacation time for bereavement leave. Dan Cenis, 3124 South Manito Blvd., Spokane, said that restricting use of the vacation time for a period of time may be a problem for some of the new employees who may wish to use some time for summer leave. Since the City has a small staff there does have to be coordination to cover jobs when an employee is away from work. He supports separate vacation and other leave. Leslie Bush, 1505 East Fourth, Deer Park, said it may be better for audit purposes by the State Auditor if leaves are provided as separate policies. Motion unanimousl ' carried to amend Section 22 . rovid in • for se , arate vacation and other leaves. Councilmember Munson withdrew his motion to advance Ordinance No. 44 to second reading and Deputy Mayor Wilhite withdrew her second. Interim Attorney Schwartz advised that the amending motions are not affected by tabling this ordinance to a study session. Mayor DeVlemina moved and Deputy Mayor Wilhite seconded that Ordinance No. 44 be tabled to a study session. The motion carried unanimously. Agenda Bill No. 2003 -046 (Sale of Tax Anticipation Note): Interim City Clerk introduced Ordinance No. 39 by reading the title. Councilmember Taylor moved and Councilmember Munson seconded that the rules be suspended for two readings of Ordinance No. 39. advance to second reading, and adopted. Interim Attorney Schwartz said that this ordinance was prepared by Michael Ormsby, attorney for Farmers & Merchants Bank, who is available if there are questions. Interim Finance Director Noack. said that this is classified as a line of credit to be used as needed, and he estimated that the City may need to make a draw sometime in late April until the road tax monies are transferred by the County, which is projected to occur in early May. There was discussion of the promissory note and interest rate at which this line of credit is charged. Councilmember Munson offered a friendly amendment that adoption of Council Minutes from February 25, 2003 - Approved on March __, 2003 Page 5 of 9 Ordinance No. 39 be conditioned upon approval of the final promissory note by City Attorney, Bond Counsel and Finance Committee that was accepted by the maker of the motion. The motion as amended carried unanimously. Agenda Bill No. 2003 -047 (Organization, interpretation, Fees, and Enforcement of Uniform Codes): Interim City Clerk introduced Ordinance No. 43 by reading the title. Councilmember Munson moved and Councilmember Denennv seconded that the rules be suspended for two readings of this ordinance. advance to second reading and adopt Ordinance No. 43 Relating to the Organization, Interpretation. Fee Schedule and Enforcement of the Uniform Codes Adopted by the City. Interim Attorney Schwartz reviewed ordinance provisions. There was discussion about the need for consistency in interpretation of codes; role of the hearing examiner and Board of Appeals; and that fees are to be included in the Master Fee Schedule that will be reviewed annually. 'Pony Lazanis, 10625 East Trent, questioned if appeals on interpretation of the state codes are made to the State and was advised that the State is the proper agency for such appeals. Motion to adopt Ordinance No. 43 carried unanimously. Agenda Bill No. 2003 -048 (Uniform Building Codes): I.nterim City Clerk introduced Ordinance No. 42 by reading the title. Councilmember Denenny moved and councilmember Munson seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 42 Adopting Uniform Mechanical Code. Uniform Plumbing Code, State Energy Code. Washington State Ventilation and Indoor Air Quality Code. Washington State Historic Building Code. National Electrical Code. Uniform Code for the Abatement of. Dangerous Buildings. Uniform I-Iousing Code, Uniform Building Security Code and Uniform Sign Code as the Construction standards For the City. Interim Attorney Schwartz reviewed provisions of this ordinance. The motion carried unanimously. Agenda Bill No. 2003 -049 (Uniform Fire Code): interim City Clerk introduced Ordinance No. 41 by reading the title. Councilmember Taylor moved and Councilmember Denenny seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 41 Adopting the Uniform Fire Code as the Fire Regulations of the CitLlnterim Attorney Schwartz reviewed provisions of this ordinance. Dick Rehm, 3626 South Ridgefield Drive, questioned how problems with tenants relating to fire code violations are handled. Interim Attorney Schwartz advised of the process for such situations that fall under the jurisdiction of the Building Official. The motion to adopt Ordinance No. 41 carried unanimously. Agenda Bill No. 2003 -050 (Uniform Building Code): interim City Clerk introduced Ordinance No. 40 by reading the title. Councilmember Munson moved and Councilmember Denenny seconded that the rules be suspended for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 40 Adopting the Uniform Council Minutes from February 25, 2003 - Approved on March 2003 Page 6 of 9 Building Code as the Building and Construction Standards for the City. Interim Attorney Schwartz reviewed provisions of this ordinance, noting that the ordinance was discussed with the construction industry who suggested some changes that have been made, and the City has added a section for addressing problems with drug properties and structures. The motion to adopt Ordinance No. 40 carried unanimously. Agenda Bill No. 2003 -053 (Amendment to Stormwatcr Utility Ordinance): Interim City Clerk introduced Ordinance No. 31 -Al by reading the title. Councilmember Denenny moved and Councilmember Munson seconded to suspend the rules for two readings of this ordinance. advance to second reading and adopt Ordinance No. 31 -Al Amending Ordinance No. 31. Interim City Attorney Schwartz said that amendments to the stormwater utility ordinance are to clarify sections of the ordinance recently adopted by the Council and to incorporate some suggested changes by Spokane County. Interim Manager Walton presented additional language that would address the request of Spokane County for an amendment to Section 7 of Ordinance No. 31 relating to exemptions for low income senior citizens since the tax bills have already been mailed for 2003 and they have no way to implement the exemption for this year. Councilmember Munson noted that this is an example of why Spokane Valley is unique in addressing the needs of its citizens. Councilmember Denenny proposed a friendly amendment to begin Section 7 of Ordinance No. 31 with the words "Effective for the tax year 2004 and each succeeding years" prior to Low income seniors. The friendly amendment was accepted by the seconder. Tony Lazanis, 10625 East Trent, said that some builders do not provide adequate drainage during development and this needs to be addressed. He was advised that this ordinance is just for the actual stormwater utility, but that development provisions will be addressed in other ordinances. The motion to adopt Ordinance No. 31 -Al as amended carried unanimously. Agenda Bill No. 2003 -054 (Amendment to Interim Budget): interim City Clerk introduced Ordinance No. 37 -Al by reading the title. Councilmember Taylor moved and Councilmember Flanigan seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 37 -Al. Interim Finance Director Noack said that this budget adjustment is necessary to provide appropriation for the computer hardware that will be necessary to begin servicing the community upon incorporation. Interim Attorney Schwartz said that this is a budget adjustment between funds and a super majority vote is required to approve the ordinance. There was discussion of timing for payment of invoices for this equipment; the need to have the equipment as soon as possible in order to have City staff trained so that we have a functional permit center upon incorporation; and the amount proposed for this budget amendment. The motion to adopt Ordinance No. 37-Al carried unanimously. Council Minutes from February 25. 2003 - Approved on March _, 2003 Pane 7 of 9 Agenda Bill No. 2003 -037 (Planning Commission): Second reading of Ordinance No. 35 was made by Interim City Clerk. Councilmember Taylor moved and Councilmember Denenny seconded to adopt Ordinance No. 35, Creating a Planning Commission and Establishing the Duties Thereof. Interim City Attorney Schwartz said that this ordinance establishes the Planning Commission who acts as an advisory body on land use issues to the Council. The mayor advised that acceptance of applications for this commission will conclude on March 21, 2003. The motion to adopt Ordinance No. 35 carried unanimously. Mayor DeVleming recessed the meeting at 8:10 p.m. for ten minutes. The meeting was reconvened at 8:21 p.m. Resolutions: Councilmember Munson moves and Councilmember Flanigan seconded that Agenda Bills No. 2003 -042, No. 2003 -043. No. 2003 -044, and No. 2003 -045, he tabled to a study session before consideration. The motion carried by majority vote with six aye votes — Mayor DeVlerning. Deputy Mayor Wilhite. Councilmembers Denenny. Flanigan. Munson and Schimmels; and one nay vote — Councilmember Taylor. Agenda Bill No. 2003 -051, Moratorium on New Adult Entertainment Permits Deputy Mayor Wilhite moved and Councilmember Flanigan seconded to adopt Resolution No. 03- 014 Establishing a Moratorium on the Filing, of Applications with Spokane County for Development Permits or Land Use Approvals Associated with Adult Entertainment Within the Corporate Limits of the City of Spokane Valley. interim Attorney Schwartz said that during this interim period an incorporating city may establish a moratorium on filing of applications with the County, and this resolution provides for a hearing prior to incorporation if the Council determines the moratorium should be extended for another six months. Annette Remshard, 1705 North McMillan Lane, commends the Council for taking this issue seriously and encourages the continuance of the moratorium. The motion adopting Resolution No. 03 -014 carried unanimous City Manager and Staff Reports: Interim Manager Walton distributed a draft law enforcement agreement that will be on the March 4 study session agenda. Interim Deputy Manager McNutt introduced Patrick Whalen and John Whalen from Resource Computing. A PowerPoint presentation summary of the Basic Network Design for the City computer system was reviewed with the Council identifying elements of the system and applications that are reconunended. Whalen responded to questions of the Council relating to the maintenance, security, timeline, and costs. Mayor DeVleming announced that the meeting would recess to an executive session for approximately one hour for review of City Manager applications and for personnel issue discussion, and that no action would be taken following executive session. Council Minutes from February 25, 2003 - Approved on March 2003 Page 8 of At 8:55 p.m. Councilmembers recessed to a conference room for executive session. The meeting reconvened at 10:15 p.m. from executive session. Adjournment Councilmember Flanigan moved and Mayor DeVleming seconded that the meeting adjourn. The motion carried unanimously. The meeting was adjourned at 10:18 p.m. ATTEST: APPROVED: Interim City Clerk Mayor Michael DeVleming Council Minutes from Fehruary 25, 2003 - Approved on March 2003 Page 9 of 9 CITY OF SPOKANE VALLEY City Council Minutes Special Meeting February 27, 2003 DRAFT Mayor Michael DeVleming called the special meeting to order at 6:00 p.m. Councilmembcrs present: Mayor Michael DeVleming, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schinunels, and Steve Taylor. Councihnember excused: Deputy Mayor Diana Wilhite Staff present: Interim Deputy City Manager Stan McNutt, Interim City Attorney Stanley Schwartz, Interim Finance Director Robert Noack, Interim human Resources Manager Don Morrison, Interim Building Official Bob Ely. Ordinances: Ordinance No. 44, Employee Personnel Policies and Benefits. Mr. Morrison reviewed the ordinance, including revisions made at the last Council Meeting. Discussion brought out additional revisions which Mr. Morrison will make for the next presentation to the Council. No action was taken. Council consensus was to place the item on the Regular Agenda, March 6, 2003. Resolutions: Resolution No. 03 -020, Substitute Social Security Program. Council discussed the resolution; Mr. Morrison discussed and received revisions of the Council. Consensus was to place the item on the Regular Agenda, March 6, 2003. Resolution No. 03 -019, Deferred Compensation Program. Council reviewed the Deferred Compensation Resolution; Mr. Morrison explained the provisions of deferred compensation under the ICMA Program. Council consensus was to place the item on the Consent Agenda, March 6, 2003. Resolution No. 03 -018, Public Employees Retirement System. After discussion and review of the Resolution, Council consensus was to place the item on the Consent Agenda, March 4, 2003. Resolution No. 03 -015, Employee Insurance and Health Benefits. After discussion with Mr. Morrison on the provisions of the Resolution, Council consensus was to place the item on the Consent Agenda, March 6, 2003. At 8:00 p.m. the Council adjourned the Regular Session to Study Session after a short break. Mayor DeVleming opened the Study Session at 8:05 p.m. Council Minutes from March 27, 2003 — Approved on March , 2003. Page 1 of 2 7 Municipal Court Interlocal Agreement: Mr. McNutt and Mr. Schwartz reviewed the agreement. After discussion, the Council forwarded the Municipal Court Interlocal Agreement to the March 6, 2003, Regular Agenda. Prosecutor Services Interlocal Agreement: Mr. McNutt and Mr. Schwartz reviewed the agreement. After discussion, the Council forwarded the Prosecutor Services Interlocal Agreement to the March 6, 2003, Regular Agenda. Public Defender Interlocal Agreement: Mr. McNutt and Mr. Schwartz reviewed the agreement. After discussion, the Council forwarded the Public Defender Interlocal Agreement to the March 6, 2003, Regular Agenda. Jury Management Interlocal: Mr. McNutt and Mr. Schwartz reviewed the agreement. After discussion, the Council forwarded the Jury Management Interlocal to the March 6, 2003, Regular Agenda. Law Enforcement Service Interlocal Agreement: Mr. McNutt and Mr. Schwartz reviewed the agreement. After discussion, the Council forwarded the Law Enforcement Service Interlocal Agreement to the March 6, 2003, Regular Agenda. City Attorney Schwartz will have comments and/or revisions for each of the Interlocal Agreements at the March 6, 2003, Regular Meeting. Retreat Goals Summary Review: Mr. McNutt handed out a copy of the Retreat Goals Summary, including a commentary on how each item can be addressed. He also handed out a draft copy of a Core Beliefs Resolution for study and comment by the Council. He reported that he did not anticipate passage until late March or early April. There being no further business the Study Session was closed at 9:50 p.m. ATTEST: APPROVED: Interim Deputy Manager Stan McNutt Mayor Michael DeVleming Acting Clerk ,Council Minutes from March 27, 2003 — Approvcd on Mauch 2003. 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Floor mat serv1ce/delivery 11x17 Valley maps (20) Photo ID cards & clips • li iiii iffilid; (2) Composite aerial maps of the Valley Vehicle fuel • Classified employment display ad i', iii Tail ;•?! i; iii iii iii ilia li irli ij!ii ;pi Ill ii lill!I Consulting services for pay period 2/28/03 Workshop registrati ,,,, (4) for Council members Copy job of Mirabeau Pt. maps & booklet . . - ............ iiiiiiiiiii .........,...,.,,.,.„.„.;.,..„,.;.;.;.;.;.;,.;.;.;.;.;.;.: Vr . aiiiiiiiiiiiiii MasterCard account; airline tickets infigiiirdriiir .. !E:i:iii: , , ii iiiiii i .. . iiilirii:iiiiiijiliiiii'; !i!i'itiiii:iiiiiiiiiiiiiiiiiiiii:ili „.; ;.;.;.;.; igiT;.;.iliii;;;;Mil 7 POR THE ITEMS INDICATED BELOW: APPROVEp FINANCE COMMITTEE -al A RD MUNSON . • CITY OF SPOKANE VALLEY, WASHINGTON 99206 DIANA %MIL-HITE CLAIM VOUCHER LISTING Claim Voucher Listing - 3-7-03 STEVE TOOR Council Meeting 3/1112003 Total this me: $114,233.65 Page 1 CHECK DATE CHECK NUMBER AMOUNT PAYEE . 1)EPA RTA1 ENT 3/7/2003 . $358.59 Stan McNutt , „„„ „„:.: ... j . /77 $362,31 Impiest Fund replenishment Petty cash expenses 3/7/2003 / . $1,074.50 Office Depot Office supplies • i:. '''i !I il The SpokesmanKeview iiillililiiildiii Classified employment display ads iii:ili:ig :iri:i inrdililnii!;:i:i:i i!i i!i:iraii: 3/7/2003 /-r. ( 1135.76 - yerizon Wireless, Bellevue • cellular telephone service 3/7/2003 /ifg nifl $2,34.96 :diriVEilifi Corporate Express Office supplii .. • 3/7/2003 / $10,224:98 HeWlelt-Packa rd Company !,, i 1 !;; I : ) ! I i.ii.:!:i.:i:iii . :i , i , i , i , i. i ,ii:i i .: ,. i:1 ,. !!! , , ,, ,,::; , : , :: , :::!: ,. :).:.!!:!:!!!! 3P/2003 / L) $12;627 Resource Computing,, Inc. Network server tc web hardware l t'iii'J;.!;(:. iiiiiiii::::: iiiii;i: i;iiiii:Iiiird:i:!Iiii'iiiiiii Ti*i:iffiliiiiiiiiiiiiiiiilliliMiliiiiiiiiIii iiipii:iri:i' FOR THE ITEMS INDICATED 13E.1.01V: APPROVED - FINANCE COMMITTEE GM11:RWN A: Claim Voll:±1:6 Littinz: -17-03 RICHARD MUNSON CLAIM VOUCHER LISTING CITY OF SPOKANE VALLEY, WASHINGTON 99206 DIANA WILI-IrcE STEVE TAYLOR Council 4ccling 2/25/2003 Total Ihb page: $25,506.06 GRAND TOTAL: $139,739.71 Page 2 March 4, 2003 The Spokesman - Review Attention: Classified Advertising P. O. Box 2160 Spokane, \VA 99210 -2160 Re: Legal Publication Please publish the following legal notice of special meeting in the Wednesday, March 5, 2003 (regular) edition and Saturday, March 8, 2003 Valley Voice edition of The Spokesman- Review. Thank you. Sjuce,ely, Ruth Muller Interim City Clerk Sent by FAX: 509- 622 -1189 City of Spokane Valley LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT THE SPOKANE VALLEY CITY COUNCIL HAS SCHEDULED A PUBLIC HEARING ON TUESDAY, MARCH 11, 2003. THIS PUBLIC .I:11EARING WILL BE HELD DURING THE REGULAR CITY COUNCIL MEETING BEGINNING AT 6:00 P.M. THIS PUBLIC HEARING IS FOR THE PURPOSE OF RECEIVING CITIZEN COvtIVIENT ON THE PROPOSED ADOPTION BY REFERENCE OF SPOKANE COUNTY 2002 COMPREHENSIVE PLAN AS AMENDED AND SPOKANE COUNTY ZONING ORDINANCE AS AMENDED FOR USE AS SPOKANE VALLEY LAND USE POLICIES UNTIL SUCH TIME AS A CITY COMPREHENSIVE PLAN AND ZONING ORDINANCE ARE DEVELOPED. THIS PUBLIC HEARING WILL BE HELD AT THE SPOKANE VALLEY COMMUNITY CENTER LOCATED AT 10814 EAST BROADWAY AVENUE, SUITE 105. RUTH HULLER INTERIM CITY CLERK 11707 E. Sprague • Suite 106 • Spokane Valley, Wa. • 99206 • (509) 921-1000 • Fax (509) 921 -1008 DAVIT ACTION IS REQUESTED: March 11, 2003 APPROVED FOR COUNCIL PACKET: City Manager :- Dept. Head Attorney Approve As To Form SUBMITTED BY: Jim Harris FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -070 TITLE: Comprehensive Plan ATTACH MENTS: 1) Proposed Ordinance No. 2) Spokane County Comprehensive Plan computer disk TYPE OF ACTION: Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt the Spokane County 2002 Comprehensive Plan as amended. DISCUSSION: The Spokane County 2002 Comprehensive Plan meets the basic requirements of the State Growth Management Act (GMA). The City has three years after March 31" to formulate its own plan. Proposed amendments will address some of the land use inconsistencies that are to he found in the County's Plan. ALTERNATIVES: Do not adopt the County's 2002 Plan; instead adopt the County's 1981 plan. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 52 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING THE SPOKANE COUNTY COMPREHENSIVE PLAN, CAPITAL FACILITIES PLAN AND MAPS AS THE INTERIM COMPREHENSIVE PLAN OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and WHEREAS, the City of Spokane Valley is required to adopt a Comprehensive Plan within the corporate limits of the City; WHEREAS, Spokane County on November 5, 2001 through Resolution No. 1 -1059 adopted a Comprehensive Plan, Capital Facilities Plan and Maps which included land within the City of Spokane Valley; WHEREAS, this Comprehensive Plan, Capital Facilities Plan with Maps adopted raider the Growth Management Act of the State of Washington, RCW Chap. 36.70A will assist in providing for the orderly growth of the City of Spokane Valley; and WHEREAS, after the date of incorporation, the City of Spokane Valley intends to develop its own GMA Compliant Comprehensive Plan. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Comprehensive Plan. Pursuant to RCW 35A.1 1.020 and 35A.12.140, the City adopts by reference the Spokane County Comprehensive Plan, Capital Facilities Plan and Maps adopted November 5, 2001 through Resolution No. 1 -1059 which is attached hereto as Exhibit "A" and incorporated herein by this reference as presently constituted or hereinafter amended as the interim Comprehensive Plan, Capital facilities Plan and Maps of the City of Spokane Valley. Unless the context requires otherwise, references to Spokane County shall refer to the City of Spokane Valley. Section 2. Adoption of Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached Comprehensive Plan is necessary or convenient to establish the validity, enforceability or interpretation of the Comprehensive Plan, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the attached Comprehensive Plan refers to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of P:Iprdinanceslordinance #52, amp plan 3- 10- 113.doc Page 1 such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 4. Comprehensive Plan. The City Clerk is to maintain one copy on file of he Comprehensive Plan adopted by this ordinance. Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance 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. Section 6. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: I Ordinances \Ordinnncc 4 52, comp plan 3 -1 0- O3.doc Mayor, Michael DeVleming Pare 2 SUBMITTED BY: Jim Harris FISCAL IMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CNIWAgenda Bill • Phase 1 Zoning onliiuncc.doc CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -071 DATE ACTION IS REQUESTED: March 11, 2003 APPROVED FOR COUNCIL PACKET: ATTACHMENTS: City Manager Dept. Head U Attorney Approve As To Form TITLE: :Phase I Zoning TYPE OF ACTION: Ordinance Proposed Ordinance No. Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL: MAKE A MOTION TO: Adopt Spokane County's Phase I Zoning Ordinance as amended. This zoning will aid in implementing the County's 2002 Comprehensive Plan as amended by the City. DISCUSSION: Phase 1 Zoning is an interim zoning ordinance that will be in place until the City develops its own zoning ordinance. ALTERNATIVES: Do not adopt the County's Phase 1 Zoning Ordinance; instead adopt the County's ordinance that was in place prior to the Phase l Ordinance. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 53 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE CHAPTERS 14.100 THROUGH 14.800 WITH APPENDICIES ENTITLED THE SPOKANE COUNTY ZONING CODE AS SUPPLEMENTED AND AMENDED BY THE PHASE I DEVELOPMENT REGULATIONS AS THE INTERIM DEVELOPMENT REGULATIONS OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and WHEREAS, the City of Spokane Valley is required to adopt Development Regulations (Zoning Code) within the corporate limits of the City; WHEREAS, Spokane County adopted a Zoning Code dated January 1, 1986, which included the land within the City of Spokane Valley and; WHEREAS, under the Growth Management Act of the State of Washington, RCW Chap. 36.70A Spokane County adopted Phase I Development Regulations through Resolution 200470 dated May 7, 2002 that supplement and modify the Zoning Code; and WHEREAS, after the date of incorporation, the City of Spokane Valley intends to develop its own GMA compliant development regulations. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Zoning Code. Pursuant to RCW 35A.11.020 and 35A.14.140, the City adopts by reference Chapters 14.100 through 14.800 with appendices entitled the "Spokane County Zoning Code" dated January 1, 1986 and the Phase I Development Regulations adopted under Spokane County Resolution 2 -0470, which are attached hereto as Exhibit "A" ( "Zoning Code ") and incorporated herein by this reference as presently constituted or hereinafter amended as the interim Zoning Code of the City of Spokane Valley. Unless the context requires otherwise, references to Spokane County shall be construed to mean the City of Spokane Valley. Section 2. Adoption of Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation or Resolution referenced in the attached Development Regulation is necessary or convenient to establish the validity, enforceability or interpretation of the Development Regulations, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by re ference. P: \Ordinanccs1Ordinancc #53,ZoningCodc,3- I0 -03,doc Paee 1 Section 3. Reference to Hearing Bodies. When the attached Development Regulations refers to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 4. Development Regulation. The City Clerk is to maintain one copy on file of the Development Regulations adopted by this ordinance. Section.5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance 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. Section 6. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P: \OrdinanceslOrdinance #53,ZonineCode,3- 10 -03.doc Mayor, Michael DeVleming Page 2 DATE ACTION IS TITLE: Phase I Zoning TYPE OF ACTION: REQUESTED: Map Ordinance March 11, 2003 APPROVED FOR ATTACHMENTS: COUNCI PACKET: City Manager Dept. Head Attorney Approve As To Form 1) Proposed Ordinance No. 5 Ordinance Resolution Motion Other SUBMITTED BY: Jini Harris STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Spokane County's Phase I Zoning Map. DISCUSSION: The Phase I Zoning Map indicates where in the City the different zoning districts are located. The neap is an integral part of the Phase I Zoning document which describes the different zoning districts and what types of land uses are permitted in each district. ALTERNATIVES: None FISCAL, IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: C :UIM\Agenda 8i11- Phase 1 Zoning Map.doc CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -072 CiTY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 54 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE THE SPOKANE COUNTY ZONING MAP(S) AS THE INTERIM ZONING MAP(S) OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and WHEREAS, the City of Spokane Valley is required to adopt a Zoning Map(s) within the corporate limits of the City; WHEREAS, Spokane County has a Zoning Map(s) under the Growth Management Act of the State of Washington, RCW Chap. 36.70A which includes land within the City of Spokane Valley; and WHEREAS, after the date of incorporation, the City of Spokane Valley intends to review and modify its own GMA compliant Zoning Map(s). NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Zoning Map(s). Pursuant to RCW 35.21.180 and 35A.14.140, the City adopts by reference the Spokane County Zoning Map(s) dated . which is attached hereto as Ex.hibit "A" ( "Zoning Map ") and incorporated herein by this reference as presently constituted or hereinafter amended as the interim Zoning Map(s) of the City of Spokane Valley. Unless the context requires otherwise, references to Spokane County shall be construed to mean the City of Spokane Valley. Section 2. Adoption of Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached Zoning Map(s) is necessary or convenient to establish the validity, enforceability or interpretation of the Zoning Map(s), then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the Zoning Map refers to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi- judicial or other matter is then pending. Section 4. Map - Copies on File. The City Clerk is to maintain one copy on file of the Zoning Map(s) adopted by this ordinance. Ord. No. 54, 3/8/2003 Page 1 Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance 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. Section 6. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Ord. No. 54, 3/812003 Page 2 Mayor, Michael DeVleming DATE ACTION IS REQUESTED: March 11, 2003 APPROVED FOR COUNCIL PACKET: City Manager -'�- Dept. Head (., Attorney Approve As To Form SUBMITTED BY: Jim Harris FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -073 TITLE: SEPA Ordinance TYPE OF ACTION: ATTACHMENTS: Ordinance 1) Proposed Ordinance No. la Resolution 2) Copy of Spokane County's SEPA Ordinance Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Spokane County's State Environmental Policy Act (SEPA) Ordinance. DISCUSSION: RCW 43.21C.120 requires that municipalities adopt a SEPA ordinance to ensure that environmental impacts associated with development will be uniformly reviewed and mitigated. The Washington Administrative Code (WAC) sets out the rules under which a city will implement its SEPA ordinance. ALTERNATIVES: Do not adopt the County's SEPA ordinance, but adopt the City's own ordinance. This would delay development applications until the City could adopt its own SEPA ordinance. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 48 AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REVERENCE THE SPOKANE ENVIRONMENTAL ORDINANCE IMPLEMENTING THE "STATE ENVIRONMENTAL POLICY ACT" AS THE ENVIRONMENTAL REGULATIONS OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; WHEREAS the City of Spokane Valley must have an enforceable environmental regulations in effect on the date of incorporation; WHEREAS, Spokane County, the City of Spokane, SCAPCA have adopted environmental regulations pursuant to State law; and WE {EREAS, adoption of the Spokane Environmental Ordinance SEPA process in Spokane County. NOW, THEREFORE, the City Council of the City of Spokane ordain as follows: and the Health District will establish a uniform Valley, Washington, do Section 1. Environmental Regulations. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference the Environmental Ordinance effective November 19, 2002 ( "Environmental Regulations ") which is attached hereto as Exhibit "A" and incorporated by this reference as presently constituted or hereinafter amended as the Environmental Regulations of the City of Spokane Valley. All references to "Spokane County" or any other agency shall be construed to refer to the City of Spokane Valley: Section 2. Adoption of Other Laws. To the extent that any provision of any other law, rule or regulation referenced in the attached Environmental Regulations is necessary or convenient to establish the validity, enforceability or interpretation of the Environmental Regulations, then such provision or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the Environmental Regulations refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 4. Environmental Regulations — Copies on File. The City Clerk is to maintain one copy on file of the Environmental Regulations adopted by this ordinance. Ord. No. 48, 3/8/2003 1 Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance 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. Section 6. Severabilitv. if any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael DeVleming Ord. No. 48, 3/8/2003 2 - c-001 rp\__ DATE ACTION IS REQUESTED: March 11, 2003 APPROVED FOR COUNCIL, PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: Flood Hazard Protection Ordinance ATTACHMENTS: 1) Proposed Ordinance No. 2) Copy of Spokane County's Flood Hazard Ordinance TYPE OF ACTION: Ordinance Resolution Motion Other SUBMITTED BY: Jim Harris STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt. Spokane County's Flood Hazard Protection Ordinance. DISCUSSION: The Flood Hazard Protection Ordinance will allow the City to participate in the National Flood Insurance Program which will permit City citizens, whose property is prone to flooding, to obtain flood insurance under the National Flood insurance Program. ALTERNATIVES: None FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: C'J1 \I\Agenda Bill - Spokane Co- Flood Haznrd onfinanec.doc CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -074 CiTY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 51 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE CHAPTER 3.20 OF THE SPOKANE COUNTY CODE ENTITLED "FLOOD DAMAGE PROTECTION." WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003: WIIEREAS, the City is required to comply with the National Flood Insurance Program and protect the public health and safety by identifying, cooperating and controlling floodplain areas in order to prevent aggravation of existing hazards; and WHEREAS, the City is desirous of adopting by reference the Spokane County Code related to flood damage protection as well as the studies conducted by Spokane County which identify flood hazard areas and provide for flood and wetlands management in order to ensure the public health and safety. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Authority to Adopt Flood Damage Protection Chapter. Pursuant to RCW Chapter 35A.11.020 and RCW 35A.12.140, the City adopts by reference Chapter 3.20 entitled "Flood Damage Protection" of the Spokane County Code which is attached hereto as Exhibit "A" and by this reference incorporated herein as if fully set forth. Section 2. Adoption of Certain Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached critical areas is necessary or convenient to establish the validity, enforceability or interpretation of the critical areas, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the attached Critical Areas Regulations refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 4. Flood Damage Protection Map. The City Clerk is to maintain one copy on file of the Critical Areas Regulations adopted by this ordinance. Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance 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. F:50Pdiaanocs'dkdnrance \o,51, Flood linmrd,l• IO.O3.doc Page 1 Section 6. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Forni: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P;10cdaances'Ocdcanoe No.51, Flood Heznrd,3- I0.03.doc Mayor, Michael DeVleming Page 2 Chapter 3.20 FLOOD DAMAGE PROTECTION 3.20.010 Intent. 3.20.020 Authorizations. 3.20.030 Purpose. 3.20.040 Definitions. 3.20.050 Lands to which chapter applies. 3.20.060 Basis for establishing the areas of special flood hazard, 3,20.070 Critical facilities. 3.20,080 Chester Creek flood zone. 3.20.090 Wetlands management. 3.20.100 Abrogation and greater restrictions. 3.20.110 Warning and disclaimer of liability_ 3.20.120 Establishment of development permit. 3.20.130 Designation of the county engineer. 3.20.140 Duties and responsibilities of the county engineer. 3.20.150 Duties and responsibilities of the count de.artmen of buildin and safet direr •r 3.20.160 Duties and responsibilities of the county plannin• director. 3.20.170 Duties and responsibilities of the utilities director. 3.20.180 Appeal procedure -- Appeal board. 3. Appeal board appointment. 3.20.200 Appeal board proceedings. 3.20.210 Appeal board—Authority. 3.20.220 Submission of appeal., 3.20.230 Considerations on appeal. 3.20.240 Deference accorded to county en gineer�Appeals. 3.20.250 Decisions of appeal board. 3,20.260 Variance — Attachment of conditions. 3.20.270 Appeals-- Recordkeepinq, 3.20.280 Conditions for variances. 320.290 Appeal to board of county commissioners. 3.20.300 Appeal to court. 3.20.310 Provisions for flood hazard Protection — Generally. 3.20.320 Anchoring. 3.20.330 Construction materials and methods. 3.20.340 Utilities. 3.20.350 Subdivision and other proposed developments. 3.20.360 Review of building permits. 3.20.370 Specific standards. 3.20.380 Residential construction, 3.20.390 Nonresidential construction. 3.20,400 Manufactured homes. 3.20.410 Encroachments. 3.20.420 Flogdways. 3.20,430 Water - dependent works. 3,20.440 Standards for shallow flooding area (AO zones). 3,20.450 Special requirements—Chester Creek flood zone. 3.20.460 Fee schedule. 3.20.470 Violation -- Penalty. 3.20.480 Stop orders. 3.20.490 Severabilit , 3.20.500 Fee schedule. 3.20.010 Intent. The ordinance codified in this chapter assures the Federal Flood Insurance Administration that it is the intent of the county to comply with the requirements of the National Flood Insurance Program as more specifically stated in this chapter. (Res. 90 -0415 Attachment A (part), 1990) 3.20.020 Authorizations. The ordinance codified in this chapter authorizes and directs the county director of building and safety, the county planning director, the county utilities director and the county engineer (acting as coordinator) to: (1) Assist the flood insurance administrator at his/her request in delineating the limits of the area having special flood hazards on available local maps of sufficient scale to identify the location of building sites; (2) Provide such information as the flood insurance administrator may request and as may be locally concerning present uses and occupancy of the floodplain area; (3) Cooperate with federal, state and local agencies and private firms which undertake to study, survey, map and identify floodplain areas and cooperate with neighboring communities with respect to management of adjoining floodplain areas in order to prevent aggravation of existing hazards; (4) Submit to the flood insurance administrator periodic reports as the insurance administrator may require. (Res. 90 -0415 Attachment A (part), 1990) 3.20.030 Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare of minimizing public and private losses due to flood conditions in specific areas. (Res. 90- 0415 Attachment A (part), 1990) 3.20.040 Definitions. Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. (1) "Appeal" means a request for review of an administrative determination by the county engineer under the provisions of this chapter or request for variance. (2) "Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM) and which has the following characteristics: (a) The base flood depths range from one to three feet; (b) A clearly defined channel does not exist; (c) The path of flooding is unpredictable and indeterminate; (d) Velocity flow may be evident; and (e) "AO" is characterized as sheet flow and "AH" indicates ponding. (3) "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. (4) "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the "one- hundred -year flood." (5) "Critical facility" means a facility for which even a slight chance of flooding would be too great. Critical facilities include, but are not limited to, schools, hospitals, police, fire and emergency response installations, nursing homes or installations which produce, use or store hazardous materials or hazardous waste. (6) "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. (7) "Development permit' means written approval applied for and obtained in accordance with such general rules and regulations as established under provisions of this chapter. (8) "Fill" means any material, such as earth, clay, sand, concrete, rubble, wood chips, bark or waste of any kind which is placed, stored or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. (9) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland waters; and/or (b) The unusual and rapid accumulation of runoff of surface waters from any source. (10) "Flood insurance rate map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. (11) "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary- floodway map, and the water surface elevation of the base flood. (12) "Floodplain" means a land area adjoining a river, stream, watercourse, major drainageway or lake which is likely to be flooded. (13) "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damages to lands, water and sanitary facilities, structures and contents of buildings. (14) "Flood protection elevation" means one foot above the base flood elevation. (15) " Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (16) "Floodway fringe" means that portion of a floodplain which is inundated by floodwaters but is not within a defined floodway. Floodway fringes serve as temporary storage areas for floodwaters. (17) "Lowest flood" means the lowest flood of the lowest enclosed area (including basement). An unfinished or flood- resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of subsection (b) of Section 3.20.380 of this chapter. (18) "Manufactured home" means a structure transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. (19) "New manufactured home park or manufactured home subdivision" means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale. (20) "New construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter. (21) "Start of construction" includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns,or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and /or walkways; no does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (22) "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground. (23) "Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the fair market value of the structure either: (a) Before the improvement or repair is started; or (b) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (c) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (d) Any alteration of a structure listed on the National Register of Historic Places, a State Inventory of Historic Places or locally designated landmarks. (24) "Unnumbered A zones" means the special flood hazard areas where detailed engineering studies are not available for floodplain management. On -site inspections may be necessary in order to determine from the best available information the elevation of the regulatory flood in such areas. (25) "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (26) "Wetland" means those areas that are inundated by water with a frequency sufficient to support, and under normal circumstances does or would support, a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats and natural ponds. (27) "Works" means any bulkhead, dock, darn, wall, wharf, embankment, levee, dike, pile, bridge, improved road, abutments, projection, excavation, channel rectification, conduit, culvert, wire, fence, rock, gravel, refuse, fill or other similar modification or improvement attached to or affixed upon, the realty. (Res. 90 -0415 Attachment A (part), 1990) 3.20.050 Lands to which chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the county. (Res. 90 -0415 Attachment A (part), 1990) 3.20.060 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Spokane County" with accompanying Flood Insurance Maps, dated May 17, 1988, and any revisions thereto, are adopted by reference and declared to be a part of this chapter. Copies of said study, maps and any revisions are available at the office of the county engineer. (Res. 90 -0415 Attachment A (part), 1990) 3.20.070 Critical facilities. Critical facilities should be afforded additional flood protection due to their nature. The five - hundred -year frequency flood shall be used as a minimum standard instead of the one - hundred -year frequency flood as used for other types of development. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the five - hundred -year floodplain, if identified on the community's FIRM. Construction of new critical facilities shall be permissible within the five- hundred -year frequency floodplain if no feasible alternative site is available. Critical facilities constructed within the five- hundred year frequency floodplain shall have the lowest flood elevated to or above the level of the five- hundred -year frequency flood. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the five - hundred -year frequency flood shall be provided to all critical facilities to the extent possible. (Res. 90 -0415 Attachment A (part), 1990) 3.20.080 Chester Creek flood zone. The floodplain in the lower reaches of Chester Creek, from Mohawk Road to Sprague Avenue, serves as a large percolation or recharge area. Since the creek has no natural outlet to the Spokane River, floodwaters are disposed of naturally through percolation. Because of the importance of the Chester Creek floodplain for disposal, as well as storage of floodwaters, special requirements, as specified in Section 3.20.450, apply to development in the Chester Creek flood zone. (Res. 90 -0415 Attachment A (part), 1990) 3.20.090 Wetlands management. Proposals for development within special flood hazard areas shall be reviewed for possible impacts on wetlands located within the floodplain and identified in the National Wetlands Inventory. The development proponent shall provide sufficient information to allow the county engineer to ensure that development activities in or around wetlands do not negatively affect public safety, health and welfare by disrupting the wetlands' ability to reduce flood and storm hazards. (Res. 90 -0415 Attachment A (part), 1990) 3.20.100 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. (Res. 90 -0415 Attachment A (part), 1990) 3.20.110 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered by the Federal Flood Insurance Administrator to be reasonable for regulatory purposes, as based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not imply or create liability on the part of the county or any officer or employee thereof, for any flood damages that result from reliance on this chapter or any administrative decisions lawfully made hereunder. The county does not warrant the accuracy of the final flood elevation determinations by the Federal Flood Insurance Administrator, required for adoption by the county. (Res. 90 -0415 Attachment A (part), 1990) 3.20.120 Establishment of development permit. No development, structure, manufactured home, works or fill shall be undertaken, constructed, located, extended, connected or altered on any property all or a portion of which is in any area of special flood hazard established in Section 3.20.060 without first obtaining a development permit. Application for a development permit shall be made to the county engineer on forms furnished by the county engineer and shall include, but not be limited to: plans in multiple copies drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, works, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (1) Elevation in relation to mean sea level, United States Geological Survey (USGS), if available, of the lowest floor (including basement) of all structures; and (2) Elevation in relation to mean sea level, as defined by USGS, if available, to which any structure or works has been floodproofed; and (3) Certification by a licensed civil engineer or licensed architect, registered as such by the state of Washington, that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 3.20.390; and (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (5) When USGS benchmarks are not available, the elevation can be measured from any base elevation data available from a federal, state or other source. The above information will be maintained in the office of the county engineer as specified in subsection (2) of Section 3.20.140. (Res. 90 -0415 Attachment A (part), 1990) 3.20.130 Designation of the county engineer. The county engineer is appointed as coordinator to administer and implement this chapter by granting or denying development applications in accordance with its provisions. (Res. 90 -0415 Attachment A (part), 1990) 3.20.140 Duties and responsibilities of the county engineer. Duties of the county engineer shall include, but not be limited to: (1) Permit Review. (a) Review all development permits to determine that the permit requirements of this chapter have been satisfied; (b) Notify applicants of known related permits required by federal, state or local agencies; (c) Impose conditions in conjunction with the approval of development permits necessary to ensure compliance with the purposes and provisions of this chapter; (d) Review all development permits to determine if the proposed development is located in the floodway and to ensure that the encroachment provisions of Sections 3.20.410 and 3.20.420 are met. (2) Information to be Obtained and Maintained. • (a) The county engineer shall obtain and record the actual elevation (in relation to mean sea level), if available, (see subsection (5) of Section 3.20.120) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement. (b) The county engineer shall for all new or substantially improved floodproofed structures: (i) Obtain and record the actual elevation (in relation to mean sea level) if available (see subsection (5) of Section 3.20.120); and (11) Maintain the floodproofing certifications required in subsection (3) of Section 3.20.120. (c) The county engineer shall obtain engineering studies from development proponents showing the impact of the proposed development on the base flood elevation as required in Sections 3.20.410 and 3.20.420. (d) The county engineer shall maintain for public inspection all records pertaining to the provisions of this chapter. (e) The county engineer may require a certification of the actual elevations required in subdivisions (a) and (b) of this subsection. The certification shall be stamped and signed by a licensed land surveyor, registered as such by the state of Washington. (3) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 3.20.060, the county engineer shall: (a) Obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source; (b) Review all development proposals in accordance with Sections 3.20.380, 3.20.390, 3.20.400 and 3.20.430, and require compliance with the standards of said sections. (4) Alteration of Watercourses. (a) The county engineer shall notify adjacent communities and the Washington Department of Ecology prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration. (b) The county engineer shall require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood - carrying capacity is not diminished. (5) Interpretation of FIRM Boundaries. The county engineer shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and the actual field conditions). The person contesting the location of the boundary may appeal the interpretation as provided in Sections 3.20.210 through 3.20.300. (6) Subdivision and Other Proposed Developments. (a) The county engineer shall review all development proposals to ensure they are consistent with the need to minimize flood damage. These development proposals include, but are not limited to: (i) Subdivision approval; (ii) Short plat approval; (iii) Planned unit developments; (iv) Zone changes; (v) Permits required under RCW Chapter 90.58 (the Shorelines Management Act); (vi) Conditional use permits; (vii) Variances from the county zoning ordinance; (viii) Building permits as specified in subsection (a) of Section 3.20.150; (ix) Exemptions to the above. (b) The county engineer will furnish conditions for development approval when requested by the county planning director as outlined in Section 3.20.160. (c) The county engineer shall ensure compliance with subsections (a), (c), (d) and (e) of Section 3.20.350. (Res. 90 -0415 Attachment A (part), 1990) 3.20.150 Duties and responsibilities of the county department of building and safety director. (a) Permit Review. The department of building and safety director shall not issue a building permit until the development permit required in Section 3.20.120 has been approved and issued by the county engineer. (b) Standards for Anchoring, Floodproofing and Construction of Fully Enclosed Areas Below the Lowest Floor. The department of building and safety director shall review all anchoring and floodproofing certifications and building permits for structures with fully enclosed areas below the lowest floor that are subject to flooding to ensure that the requirements of Sections 3.20.320, 3.20.330, 3.20.380(b) and 3.20.390 are met. (Res. 90- 0415 Attachment A (part), 1990) 3.20.160 Duties and responsibilities of the county planning director. The county planning director shall request conditions of development approval for the proposals listed in subdivision (a) of subsection (6) of Section 3.20.140 from the county engineer and the county utilities director. (Res. 90 -0415 Attachment A (part), 1990) 3.20.170 Duties and responsibilities of the utilities director. The utilities director shall review and condition any permits for development and development proposals listed in subdivision (a) of subsection (6) of Section 3.20.140 which come before him /her for new or replacement water supply systems and/or sanitary sewer systems within the area of special flood hazard to ensure compliance with Section 3.20.340 and subsection (b) of Section 3.20.350. (Res. 90 -0415 Attachment A (part), 1990) 3.20.180 Appeal procedure -- Appeal board. The development/approach appeal board is established by the board of county commissioners and shall hear and decide appeals under the authority of this chapter and Chapter 9.14 of this code. The appeal board shall consist of three voting members appointed by the board of county commissioners, including one architect, one civil engineer and one contractor, each properly licensed under the laws of the state of Washington. The members shall be compensated as directed by the board of county commissioners. The county engineer or designee shall act as secretary to the appeal board and is entitled to participate in proceedings before the board as an interested party. (Res. 90 -0415 Attachment A (part), 1990) 3.20.190 Appeal board appointment. All appointments to the appeal board shall be made from residents of the county. The board members shall serve staggered three -year terms; provided, that the initial members shall be appointed so that one member is appointed to a one -year term, another to a two - year term and the third to a three -year term. Vacancies shall be filled by appointment for the remainder of the term of the position vacated. (Res. 90 -0415 Attachment A (part), 1990) 3.20.200 Appeal board proceedings. The members of the appeal board shall annually elect a chairman and a vice - chairman to act in the absence of the chairman. The appeal board is authorized and directed to adopt rules and regulations for the conducting of business. A quorum consisting of at least two voting members shall be necessary to transact business and a majority vote of said quorum shall be necessary to take action on any matter coming before the appeal board. Appeal hearings shall be conducted in public and in an informal manner. Meetings of the board shall be held in accordance with the Open Public Meetings Act, RCW Chapter 42.30, unless the only business transacted by the board is an appeal hearing. All appeal hearings shall be recorded electronically. (Res. 90 -0415 Attachment A (part), 1990) 3.20.210 Appeal board -- Authority. The development/approach appeal board shall hear and decide appeals of administrative determinations made by the county engineer under this chapter and appeals constituting requests for variance from the requirements of this chapter. Only a person aggrieved may appeal under this section. (Res. 90 -0415 Attachment A (part), 1990) 3.20.220 Submission of appeal. All appeals shall be in writing and submitted with the appeal fee specified in Section 3.20.500. The appeal and the fee must be received within ten calendar days of the approval, decisions or determination being appealed. The appeal board shall cause a written notice to be provided to the appellant and other interested parties of the place and date of the appeal hearing at least ten days prior to the hearing date. All appeals shall specify the grounds under which relief is sought. (Res. 90 -0415 Attachment A (part), 1990) 3.20.230 Considerations on appeal. In passing upon appeal, the development/approach appeal board shall consider the recommendations of the county engineer, all technical evaluations, the standards specified in other sections of this chapter and all relevant factors, including, but not limited to: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. (Res. 90 -0415 Attachment A (part), 1990) 3.20.240 Deference accorded to county engineer Appeals. Due deference shall be given to the specialized knowledge and expertise of the county engineer in any administrative or judicial appeal under this chapter. (Res. 90 -0415 Attachment A (part), 1990) 3.20.250 Decisions of appeal board. The appeal board shall, in conformity with this chapter, reverse or affirm, wholly or in part, or shall modify the administrative determination of the county engineer that is being appealed. For all appeals, the decisions of the appeal board shall be in writing or stated in the record and shall be accompanied by findings -of -fact upon which the decision is based. Parties to the proceedings shall be notified of the decisions in person or by mail. A copy of the decisions and accompanying finds shall be delivered or mailed to each party. (Res. 90- 0415 Attachment A (part), 1990) 3.20.260 Variance -- Attachment of conditions. Upon consideration of the factors in Section 3.20.230 and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Res. 90 -0415 Attachment A (part), 1990) 3.20.270 Appeals -- Recordkeeping. The county engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Res. 90 -0415 Attachment A (part), 1990) 3.20.280 Conditions for variances. (a) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided subsections (1) through (11) of Sections 3.20.230 have been fully considered. As the lot size increases beyond the one -half acre, the technical justification required for issuing the variance increases. (b) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood and approach hazard, to afford relief. (e) Variances shall be issued upon: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 3.20.230 or conflict with existing local laws or ordinances. (f) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (g) Whenever a variance is granted permitting a structure to be built with a lowest floor elevation below the base flood elevation, the applicant shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation. (Res. 90 -0415 Attachment A (part), 1990) 3.20.290 Appeal to board of county commissioners. Any person aggrieved, and /or the county engineer, may appeal a decision of the appeal board to the board of county commissioners by filing a notice of appeal with the clerk of the board of county commissioners within ten calendar days after delivery or mailing of the appeal board's decision. Persons aggrieved shall also deposit the appeal fee specified in Section 3.20.500 with the clerk within the appeal period provided. All notices of appeal shall state with particularity the decision appealed and the reasons why the appellant is entitled to relief. The board of county commissioners shall cause a written notice to be provided to the appellant and other interested parties of the place and date of the appeal hearing at least ten days prior to the hearing date. The board may hear the matter de novo, base its review on the record of hearing before the appeal board or elect to take additional evidence to supplement the record below. The board may require the appellant to pay for a written transcript of the appeal board's hearing. Appeal hearings under this section shall be recorded electronically. The board shall, in conformity with this chapter, reverse or affirm, wholly or in part or shall modify the appeal board's decision and shall otherwise render its decisions in accordance with Sections 3.20.230 through 3.20.280. (Res. 90 -0415 Attachment A (part), 1990) 3.20.300 Appeal to court. The decisions by the board of county commissioners on any appeal shall be final and conclusive, unless within twenty calendar days from the delivery or mailing of the board's decision, a person aggrieved applies to the Superior Court of the county for a writ of certiorari (Review). The appellant shall pay for the written transcript required by the court for review. Review shall be confined to the record of hearing below. (Res. 90 -0415 Attachment A (part), 1990) 3.20.310 Provisions for flood hazard Protection -- Generally. In all areas of special flood hazards the standards set out in Sections 3.20.320 through 3.20.350 are required. (Res. 90 -0415 Attachment A (part), 1990) 3.20.320 Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure or works. (b) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over - the -top or frame times to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). Certification must be provided to the department of building and safety director, that this standard has been met. (Res. 90 -0415 Attachment A (part), 1990) 3.20.330 Construction materials and methods. (a) All new construction and substantial improvements shall be constructed with materials and utility equipment substantially resistant to flood damage below the flood protection elevation. (b) All new construction and substantial improvements shall be constructed using methods and practices that substantially minimize flood damage. (c) Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated within the components during conditions of flooding. (Res. 90 -0415 Attachment A (part), 1990) 3.20.340 Utilities. (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. (c) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Res. 90 -0415 Attachment A (part), 1990) 3.20.350 Subdivision and other proposed developments. (a) All development proposals shall be consistent with the need to minimize flood damage. (b) All development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (c) All development proposals shall have adequate drainage provided to reduce exposure to flood damage. (d) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by the applicant's engineer for subdivision proposals and other proposed developments. (e) The plat dedication of all subdivision proposals in all areas of special flood hazard shall contain the following wording: Development within this subdivision shall conform to the requirements of the National Flood Insurance Program and Chapter 3.20 of the Spokane County Code. Purchasers of property in this subdivision are warned of possible flooding or ponding and the potential requirement to purchase Flood Insurance. This warning shall be carried in each and every deed drawn to transfer ownership of any and all property within this plat in the Area of Special Flood Hazard. (Res. 90 -0415 Attachment A (part), 1990) 3.20.360 Review of building permits. Where elevation data is not available, either through the flood insurance study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is the county engineer's judgment and includes but is not limited to use of historical data, high water marks and photographs of past flooding where available. The county engineer may require the applicant to produce needed data. The county engineer may require the applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surface. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. If a structure is to be elevated on fill, the applicant must submit information about the volume of fill proposed to be used. (Res. 90- 0415 Attachment A (part), 1990) 3.20.370 Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 3.20.060, 3.20.140(3) or 3.20.350(d), the provisions set out in Sections 3.20.380 through 3.20.400 are required. (Res. 90 -0415 Attachment A (part), 1990) 3.20.380 Residential construction. (a) New construction and substantial improvement of any residential structure within areas of special flood hazard shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation. New construction and substantial improvement of any residential structure outside the floodplain on property, a portion of which is in a special flood hazard area, shall have the lowest opening of the structure elevated a minimum of one foot above the base flood elevation. (b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not Tess than one square inch for every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one foot above grade. (3) Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (Res. 90 -0415 Attachment A (part), 1990) 3.20.390 Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation, or together with attendant utility and sanitary facilities, shall: (1) Be floodproofed so that below one foot above the base flood level, the structure is watertight with walls substantially impermeable to the passage of water. If the structure is to be floodproofed, suitable plans and specifications must be prepared and signed by a registered architect or engineer; (2) Have a structural component capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and - (3) Be certified by a licensed civil professional engineer or licensed registered architect, registered as such by the state of Washington, that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications and plans. The registered engineer or architect shall certify that the floodproofing measures will effectively prevent floodwater from entering the structure. Such certifications shall be provided to the county engineer and reviewed by the department of building and safety director; (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below in the lowest floor as described in subsection (b) of Section 3.20.380; (5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). (Res. 90 -0415 Attachment A (part), 1990) 3.20.400 Manufactured homes. All manufactured homes to be placed or substantially improved within zones AI -30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is a minimum of one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (b) of Section 3.20.320. (Res. 90 -0415 Attachment A (part), 1990) 3.20.410 Encroachments. In special flood hazard areas where base flood elevations have been provided, but floodways have not been established, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. (Res. 90 -0415 Attachment A (part), 1990) 3.20.420 Floodways. Located within areas of special flood hazard established in Section 3.20.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: (1) Construction or reconstruction of residential structures is prohibited, except for: (a) Repairs, reconstruction or improvements to a structure which do not increase the ground floor area; and (b) Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the market value of the structure either; (i) before the repair, reconstruction or improvement is started; or (ii) if the structure has been damaged and is being restored before the damage occurred. Work done on structures to comply with existing health, sanitary or safety codes or to structures identified as historic places shall not be included in the fifty percent determination. (2) Encroachments, including fill, new nonresidential construction, substantial improvements and other development and works are prohibited unless certification by a registered professional engineer or architect is provided demonstrating that the subject encroachments shall not materially cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway and shall not result in any increase in flood levels during the occurrence of the base flood discharge. (3) If a proposed development or work is allowed under subsections (1) or (2) of this section, then all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 3.20.310 through 3.20.400. (Res. 90 -0415 Attachment A (part), 1990) 3.20.430 Water - dependent works. For water - dependent utilities and other installations which by their very nature must be in the flood fringe and/or floodway (such uses as, but not limited to, roads, bridges, marinas, dams for domestic/industrial water supply, flood control and /or hydroelectric production; water diversion structures and facilities for water supply, irrigation and /or fisheries enhancement; floodwater and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structural and nonstructural flood damage reduction facilities and stream bank stabilization structures and practices), these provisions apply: (1) The applicant shall supply convincing evidence that a flood fringe and /or floodway location is necessary in view of the objectives of the proposal; and provided further, that the proposal is consistent with other provisions of this title and relevant local, state and federal regulations. (2) In all instances of locating utilities and other installations in floodway locations, project design must incorporate floodproofing certified by a licensed civil professional engineer to be capable of withstanding one - hundred -year flood flows and velocities. (3) For any works that impound water, the applicant shall provide documentation of easements, flowage rights or ownership of the impoundment area and certification by a licensed civil professional engineer that the works will cause no increase in the one - hundred -year flood elevation outside the impoundment areas and that the works and associated impoundment area will not impair the ability of natural drainageways to drain floodwaters adequately during a flooding event. (Res. 90 -0415 Attachment A (part), 1990) 3.20.440 Standards for shallow flooding areas (AO zones). Shallow flooding areas appear on FIRMs as AO zones with depth designation. The base flood depths in these zones range from one to three feet where a clearly defined channel does not exist or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: (1) New construction and substantial improvements of residential structures within AO zones shall have the lowest floor (including basement) elevated to or above one foot above the depth number specified on the FIRM (at least three feet if no depth number is specified). (2) New construction and substantial improvements of nonresidential structures within AO zones shall either: (a) Have the lowest floor (including basement) elevated to or above one foot above the depth number specified on the FIRM (at least three feet if no depth number is specified); or (b) Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic Toads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in subsection (3) of Section 3.20.390. (3) Adequate drainage paths must be provided to guide floodwaters around and away from proposed structures. (Res. 90 -0415 Attachment A (part), 1990) 3.20.450 Special requirements -- Chester Creek flood zone. For the areas of the Chester Creek flood zone from Mohawk Road down to Sprague Avenue, the following provisions apply in addition to the other requirements of this chapter. (1) Paved driveways are prohibited in the one - hundred -year flood zone; and (2) No more than five percent of the one - hundred -year flood zone area shall be covered by impervious surfaces or fill. (Res. 90 -0415 Attachment A (part), 1990) 3.20.460 Fee schedule. The county engineer is authorized to collect a fee for development permits in accordance with the fee schedule in Section 3.20.500. The county engineer is also authorized to require posting of a bond to insure the provisions of subdivision (e) of subsection (2) of Section 3.20.140 are met. The bond shall be in the amount specified on the fee schedule in Section 3.20.500. This fee schedule shall be reviewed annually by the county engineer and, if necessary, fee adjustments recommended to the board of county commissioners. (Res. 90 -0415 Attachment A (part), 1990) 3.20.470 Violation -- Penalty. Any person, firm or corporation who violates Section 3.20.120, or violates a stop work order issued under Section 3.20.480, or violates any condition of approval of a development permit as imposed under the authority of this chapter, shall be guilty of a misdemeanor and shall be punished upon conviction by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days or by a fine in an amount fixed by the court of not more than one thousand dollars or by both such imprisonment and fine. (Res. 90 -0415 Attachment A (part), 1990) 3.20.480 Stop orders. Whenever any work is being done contrary to the provisions of this chapter, the county engineer may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the county engineer to proceed with the work. (Res. 90 -0415 Attachment A (part), 1990) 3.20.490 Severability. If any provision of this chapter or the application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application and to this end the provisions of the chapter are declared to be severable. (Res. 90 -0415 Attachment A (part), 1990) 3.20.500 Fee schedule. The fee schedule for this chapter is as follows: Fee Schedule Office of Spokane County Engineer Permit Administration. A. Floodplain development permit II. Bond. $30.00 A. For a residential structure $300.00 B. For a nonresidential structure (to be determined by the county engineer based on project scope) III. Appeal Fee $ 50.00 (Res. 90 -0415 Attachment A (part), 1990) CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL• ACTION Agenda Bill No. 2003 -075 DATE ACTION IS REQUESTED: March 11, 2003 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: Critical Areas Ordinance ATTACHMENTS: 1) Proposed Ordinance No. 1 49 2) Copy of Spokane County's Critical Areas Ordinance TYPE OF ACTION: Ordinance Resolution Motion Other SUBMITTED BY: Jim Harris STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Spokane County's Critical Areas Ordinance. DISCUSSION: The State Growth Management Act (GMA) mandates that those cities planning under the Act must identify critical areas in their communities and adopt a Critical Areas Ordinance to deal with them. GMA identifies critical areas as wetlands, geologically hazardous areas, frequently flooded areas, fish and wildlife conservation areas, and areas with a critical recharge effect on aquifers used for potable water. ALTERNATIVES: Do not adopt the County's Critical Areas Ordinance, but analyze the critical areas in Spokane Valley and adopt the City's own ordinance. FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: C:U IM\Agenda Bill - Critical Areas Ordinancc.doc CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 49 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE CHAPTER 11.20 ENTITLED "CRITICAL AREAS" OF THE SPOKANE COUNTY CODE AS THE INTERIM CRITICAL AREAS REGULATION OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2002; WHEREAS, the City of Spokane Valley desires to have enforceable critical areas regulations in effect on the date of incorporation; and WHEREAS, the City intends to embark on a comprehensive planning process including revisiting adopted interim policies and regulations after the date of incorporation when additional planning staff are available to the City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Interim Critical Areas Regulations. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference Section 11.20 entitled the "Critical Areas" of the Spokane County Code ( "Critical Areas Regulations ") which is attached hereto as Exhibit "A" and incorporated by this reference as though set forth in full. All references to "Spokane County" in Chapter 11.20 shall be construed to refer to the City of Spokane Valley. Section 2. Adoption of Certain Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached critical areas is necessary or convenient to establish the validity, enforceability or interpretation of the critical areas, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the attached Critical Areas Regulations refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 4. Critical Areas — Copies on File. The City Clerk is to maintain one copy on file of the Critical Areas Regulations adopted by this ordinance. Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent Ord. No. 49 3/8/2003 to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 6. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael DeVlerning Ord. No. 49 3/8/2003 2 >i• DATE ACTION IS REQUESTED: March 11, 2003 APPROVED FOR COU L PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Jim Harris ALTERNATIVES: None. FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: C:1111■41Ageitda Dill . Critical Area Map.doc CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -076 TITLE: Critical Areas Map Ordinance ATTACHMENTS: 1) Proposed Ordinance No. 5 2) Copy of Spokane County's Critical Areas Ordinance TYPE OF ACTION: Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Spokane County's Critical Areas Map. DISCUSSION: The Critical Areas Map identifies, within the City, the locations of critical areas, such as wet lands. It is part of the critical areas document. CiTY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 50 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHPii GTON, ADOPTING BY REFERENCE "CRITICAL AREAS MAP(S)" OF SPOKANE. COUNTY AS THE INTERIM CRITICAL AREAS MAP(S) OF THE CiTY WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; WHEREAS, the City of Spokane Valley desires enforceable Critical Areas regulations including a map of such areas to be in effect on the date of incorporation; and WHEREAS, the City intends to embark on a comprehensive planning process including revisiting adopted interim policies and regulations after the date of incorporation when additional time, resources and planning staff are available to the City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Interim Critical Areas Maps ,, Pursuant to RCW 35A.11.020 and 35A.14.140, the City adopts by reference the Spokane County "Critical Areas Map(s)" which is attached hereto as Exhibit "A" and incorporated by this reference. Unless the context requires otherwise, references to Spokane County shall be construed to mean the City of Spokane Valley. Section 2. Adoption of Certain Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached Critical Areas Map(s)is necessary or convenient to establish the validity, enforceability or interpretation of the critical areas, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the Critical Areas Map refers to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 4. Critical Areas Map(s)— Copies on File. The City Clerk is to maintain one copy on file of the Critical Areas Map(s) adopted by this ordinance. Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance 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. Ord. No. 50, 3/8/2003 Page 1 Section 6. Severability. If any section sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Ord. No. 50, 3/8t2003 Page 2 Mayor, Michael DeVleming DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: Business Registration March 11, 2003 X Ordinance APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Ordinance No. 34 Resolution ' , Manager Motion Dept. Head Other Attorney Approve As To Form SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -077 STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Advance Ordinance No. 34, Business Registration System to Second Reading. DISCUSSION: The subject of establishing a business registration system within Spokane Valley was discussed at the February 4, 2003 Council Study Session. The proposed ordinance provides for businesses to register with the City beginning on a date to be determined by the City Council and renewed annually. There is no fee established for business registration during the 2003 calendar year. Council will review the City's Master Fee Schedule adopted by Resolution No. 03 -021 annually to determine if a registration fee shall be established in future years. ALTERNATIVES: Do not establish a procedure for registering businesses within Spokane Valley. FISCAL IMPACT: City staff time for processing applications and maintaining the business register. SOURCE OF FUNDS: General fund AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON O . D . INANCE NO. 34 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING A BUSINESS REGISTRATION SYSTEM FOR THE CITY OF SPOKANE VALLEY. WHEREAS, state law authorizes cities to adopt regulations For registering businesses operating within their corporate boundaries; and WHEREAS, the City Council desires to establish a registration system which will assist the City in identif.yiug the composition of the commercial community to enhance the marketing, development and exchange of information between the City and its businesses; and \ T EA.S, business registration is intended to collect and maintain information as opposed to raise revenue. NOW, THFT. E.FORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Definitions. For the purposes of this Ordinance, the following definitions shall apply: A- "Business" means all kinds of vocations, occupations professions, enterprises, establishments, industries, services and all other kinds of activities and matters that are conducted for private profit or benefit on any premises in the City o:f: Spokane Valley. 13. "City" means the City of Spokane Valley, Spokane County, Washington. C. "Engaging in business" means commencing, conducting, or continuing in business, the exercise of corporate or .franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. D ".Person" means any individual, corporation, company, lirni, joint stock company, partnership, joint venture, trust, business trust, club association, society, or any group of individuals acting as a unit or otherwise. E.. "'fax year" means the calendar year coirunencing January I and ending an December 31. Section 2. Business Registration Required. On or before , every Person engaging in business or continuing business during the calendar year shall register with the City by completing a licensing form and, if required, pay a registration fec. If more than one business is located on a single premise, separate registrations shall be required for each separate business conducted. Section 3. . Exemptions. A. The following entities and activities shall be exempt from the provisions of this P:1C}rdina not i']0, 34, busilLIM rcgiskrnii Ordinance; 1. All governmental entities including public and private elementary, secondary and high schools; 2. Persons who deliver newspapers and periodicals; 3. Persons who solicit orders from retail establishments for the delivery and sale of goods, wares and merchandise for resale unless the person's principal place of business is located within the City; 4. Any Person or organization conducting a nonprofit enterprise when the enterprise is operated without private profit, for a public, charitable, educational, literary, fraternal or religious purpose; and 5. Minors engaged in babysitting. B. The casual sale of items of personal property where the Person conducting such sale is not regularly engaged in the business of selling items of personal property (for example, garage sales, service agency bake sales), Section 4 . Application Procedure, A. Application for the business registration shall be made in writing to the City Clerk upon a form provided by the City, The application shal] state the name, type and address of the business or businesses, the owner, operator or agent and such other inFor3nation as requested by the City Clerk. B. if the applicant is a partnership, the application must be made by one of the partners; if a corporation, by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or Local manager of the corporation, partnership or individual. C. The City Clerk shall maintain a record of all registered businesses. Section 5. Fee — Terms — Penalty. A. Commencing January 1. 2004, business registration shall occur on a calendar year basis and shall expire on Deeeiriber 31' of the year for which the registration was issued. B, No fee shall be charged for business registration during the 2003 calendar year. Thereafter, the City Council may establish a registration fee by Resolution- Section 1. Transfer or Sale of Business — New License Required. Upon the sale or transfer of any business, the registration issued to the prior owner or transferor shal] automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the City shall apply for a new registration pursuant to the procedures established by this Ordinance. Section 7. Penalty for Violation. Any Person, as defined herein, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any provisions of this ordinance shall be subject to a Class I I Civil Infraction pursuant to RCW Chapter 7.80. Section 8. Severability, if any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other PN:Prdinaace No. 34, business rcgistration.doc section, sentence, clause or phrase of this Ordinance. Section 9. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. ATTEST: PASSED by the City Council this day of February, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P :\Ordinance No. 34, business registration.doc Mayor, Michael DeVleming MEMO TO: Lee Walton FROM: Jim Hams SUBJECT: Adoption of Spokane County's 2002 Comprehensive Plan and Phase I Implementing Zoning Ordinance DATE: February 11, 2003 As noted in Stan Schwartz' memo to the Mayor and City Council dated February 6' the County adopted a State mandated Growth Management Act (GMA) plan on November 5, 2001 (this plan is known as the 2002 Plan). Since the City of Spokane Valley must adopt a land use guideline and implementing zoning, to be in place on March 31 my recommendation is that the City adopt the County's 2002 GM.A plan and Phase I of the County's zoning ordinance. My reasons for this recommendation are enumerated as follows: I . Except for the challenges to the County's GMA plan as mentioned in Stan's memo, the County's GMA plan complies with the State Growth Management Act in all respects and the Growth Management Hearing Board did not invalidate the plan when it remanded the challenges back to the County. Therefore, the plan meets the State's GMA requirement as a valid plan. 2. Although a number of individuals county wide had a grievance with the County over the comprehensive plan's "downgrade" of their property, this fact in and of itself does not invalidate the 2002 plan. This is an issue that can be approached through modifications to the comprehensive plan. In fact the County initiated a program wherein the aggrieved properties could approach the County, at no cost, for one year beginning on January 15, 2002, to have the County address the "downgrade" problems. Sixty -two (62) properties took advantage of this offer. Twelve (12) of these properties were in what is now the City of Spokane Valley. Eleven of these 12 had their request for a change to the Comprehensive Plan approved by the County. On January 15, 2003 the County extended this program for an additional year. However, it is obvious that there are a number of anomalies with the 2002 plan, especially related to the future zoning that would implement the Plan's current land use designations. 3. While we know of 62 properties that were "downgraded" we also know that 4,000 properties were "upgraded. This is a positive factor in relationship to the validity of the Comprehensive Plan's land use designations. If these numbers had been reversed, then one could argue that the plan was too restrictive. 4. It appears that most of the complaints about the validity of the 2002 Comprehensive Plan are about the plan's land use element and not about the other required elements and the plan's goals for future development. lithe Plan's implementing zoning were to strictly adhere to the Plan's land use designations, a number of commercial uses already established would be rendered legal non - conforming. As the 1 zoning now stands (Phase 1 zoning), ali of the lands zoned commercial permit the commercial uses that are currently in operation. However, when the County adopted the Phase 1 zoning amendments the permitted uses in the Industrial zoning districts changed significantly. For example, prior to the Phase I zoning amendments, the 1 -2 zoning district permitted a variety of industrial uses and all uses allowed in the commercial zoning districts. The Phase I zoning amendments deleted many commercial uses from the 1 -2 district. In the meantime a number of conmmercial uses were developed in the 1 -2 zoning district; they are now legal non conforming uses. Thus, i.fthere is a problem here, and it appears that there clearly is, it is with the plan's implementing zoning. These zoning problems can be modified without throwing out the 2002 Comprehensive Plan or even modifying it to any great extent. 5. An extensive public participation program was conducted by Spokane County to allow citizens to have a say in the formulation of the plan. The County adopted publ.ic participation program guidelines that specifically called out the public participation techniques that would be implenmented as part of the GMA planning process. This process closely followed the State's mandate that, each county and city that is required or chooses to plan hinder RCW 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation..." The County used a variety of communication techniques to inform the public, by using a Web site, maintaining a mailing list of parties and groups interested in GMA planning issues, by sending out various press releases, and by giving presentations throughout the County to various organizations and groups. The County even maintained a booth at the County Fair that displayed naps of future proposed land use designations and current zoning information. The County conducted a number of public meetings, several of which were held in Spokane Valley. These were public participation meetings wherein a dialog between County staff and citizens took place. It is clear that the County made every effort to engage the public in the GMA planning process. Conclusion: In conclusion, the County's 2002 GMA plan complies with the State Growth Management Act. After extensive review of the plan, I have determined that basically the plan is an excellent tool for the City to use as an interim plan until the City can formulate its owri plan (the City has three years to do its own plan, beginning on March 31'`). The County spent a great deal of money to go through the planning process that led to the adoption of the 2002 GMA plan. By adopting the County's plan the City will not have to duplicate all of the County's efforts as it formulates its own plan which in reality will quite likely use most of the County's GMA plan as the basis for its own plan. Many of the complaints directed toward the plan's land use element can be addressed by either making modifications to the plan or the plan's implementing zoning or both. Some of the most glaring problems with the plan and implementing zoning can be fixed at the time of adoption in March. 2 Course of Action: 1. Modify, to the extent possible, both the Comprehensive Plan and the Phase I Zoning Ordinance prior to March 31 Identify other immediate "fixes" that need to be addressed and place at the top of the Long Range Planning Division's work program. 2. Adopt, as modified, the Spokane County Comprehensive Plan and Phase 1 Zoning. Once the list of other immediate "fixes" have cleared the Planning Commission and City Council, begin developing the City's Comprehensive Plan and implementing zoning. 3. Provide a one year grace period, similar to the one currently in place in the County, wherein property owners may address the City concerning changes they feel are necessary in the Comprehensive Plan and implementing zoning to restore to their property, the uses that were permitted prior to adoption of the County's 2002 plan. 3 MEMO TO: Lee Walton FRAM: Jim Harris SUBJECT: State Environmental Policy Act (SEPA) DATE: February 24, 2003 The Washington State Environmental Policy Act is a mandatedtpolicy that all state, county and local governmental entities must use when processing certain types of development applications or promulgating certain laws, codes or ordinances. Spokane County, as has many jurisdictions, adopted the State's SEPA law (RCW 43.21C.120) and SEPA rules (WAC 197 -11 -904). Spokane County's SEPA ordinance is unique in that it establishes uniform environmental review requirements between the City of Spokane, Spokane County, Regional Health District, and Spokane County Air Pollution Control Authority. Each jurisdiction, however, maintains its own flexible review procedures... • Staff recommends that the City Council adopt the Spokane County SEPA ordinance without changes. MEMO TO: Lee Walton FROM: Jim Harris SUBJECT: Flood Hazard Protection DATE: February 24, 2003 Since there are areas within the boundaries of Spokane Valley which fall within the national Food Hazard .program it is necessary for the City to adopt a Flood Hazard Protection document. Such a document is necessary for communities which participate in the National Flood Insurance Program; Spokane County has identified areas within the City which have special flood hazards and has adopted a Flood Hazard program and thus complies with Federal.Flood Insurance Program. It is recommended that the City adopt Spokane County's Flood Protection Ordinance with only minor changes. By so doing the City will be in compliance with the National Flood Insurance Program. The City Will maintain. i.nformation the .Program, • such as maps of flood ways which are,provided by the Federal Emergency Management Agency. • One may ask why adopt a Flood Hazard Program Ordinance. The simple answer is that . if owners of property in Spokane Valley, which.property is prone to flooding, desire to • obtain flood insurance under the National Flood insurance Program, the City must participate in the program by adopting a Flood Hazard Protection Ordinance. The ordinance's purpose is to promote the health, safety and general welfare by minimizing public and private losses due t� flood conditions in specific areas. MMEO TO: Lee Walton FROM: Jim Harris • SUBJECT: Critical Area Ordinance - • DATE: February 24, 2003 One of the requirements of the Growth Management Act (GMA) is that each jurisdiction required to plan under the act, must inventory critical areas (wetlands, geologically hazardous areas, frequently flooded areas, fish and wildlife habitat conservation areas, areas with a critical recharge effect on aquifers used for potable water). Spokane County adopted a critical area ordinance as part of their GMA Plan and although it is currently being revised in relation to critical aquifer recharge area regulations, it meets the GMA requirements for critical. areas. Staff recommends that the City Council adopt the County's Critical Area Ordinance and monitor any changes the County is considering and incorporate those changes into the ordinance at the appropriate time.