2008, 11-18 Special Regular Meeting
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SPOKAM1"E YALLEY CITY COUNC7L
SPECIALIREGULAR MFE11NG
Council Mccting H148
Tuaday, Novcmbcr 18. 2008 6:00 p.m.
Spokane VaUey City Hall Council CbAmbers
11707 E Spr2gue Avrnuc
Council Rtquests Plrese SUr►rce Yaw Ctll Phoncs Durink Cauncf! !4lretink
CALL TQ ORDF.R:
INVOCATION: Fathrr John titrincr of St. Ivlurv's Catholic Chunh
PI.EnGE OF ALLEGIANCE:
ROLL CALL:
APPRON'AL OF 4GElYUA:
Lr'TROi)UCI'IUN OF SPEClAL GUY.STS Ah'A PRESENTATIO;VS:
CO:►Ui1'ITEE. I30AIZD. LLAISON SUMMARI` REPORTS:
MAYUR'S REPQRT:
PlIaL1C CUN1N'fF.N7'S: This is an opponunity for the public to spct►k un an), subjert not on tltc agcnda
for action. When you comc to ti:c podium, plrasc stntc your twmc nnd addrcss far thc rtcord and limit
remarks W ttvcr minutc}.
1. PUBLIC HFARfNG: Yroposod Amended 2008 t3udget - ken "I'hompson
2. CONSENT AGEhDA: Consists of items considercd mutinn which are nppmvcd as a group. A
Councilmembcr may cemove an item fmm the Consent Agcnda to be con ,idercd separatrly.
a. Pa}Tnll for pay pcriod ent3ing (ktobcr 31, 2008: $345,344.18
b. Council kegularMeeting Minutea of October 14, 2008
c. Council Study Scssion Mccting Minutcs of October 21, 2008
d_ Council Rcgulnr Mv--e#ing Minute3 of Ociubcr 28, 2008
o. Council Study Scssion Meeting Ntinutes c7f No%,rmhcr 2008
NEW BLTSLtiESS:
3. Fir1t Kending Pmposcd ()rdinnnce 08-024 CcKie C:omplituicc Amcndmrni (graftiti) - Cary Drisl:ell
[pnblic commcnt]
41. First Rcading Pmpuscd Ordinnncc 08-025 UDC Code Compliancc Rolatai Ordinanrc - Cary Driskcll
(publlc commcntJ
5. First Kcading i'raposcd Urdinanct 09-026 for Code Amcodmcnts - Christina lansscn
[pnbllc cammimtl
6. rirst Reading Proposed Ordinnnce 08-ff'? Amcnding 2008 Budgot - Ken Thumpson
[public commcntl
7. First Rcading Proposcd Ordinancc 08-028 for Strcet Vacation STV-02-08 - Lori Rarlnu
1pnbUc commenti
8. Proposed Resolution 08•02I Amcnding Fee Resolurion - Ken Thompsan (public comrncotJ
('nurn:i! Agcndn 1 l-Il4-0$ tirriial,Kcj;olur hlcrtir.g 1'acr.r 1„f :
PlT[31.I COritiiT.NTS: This is an opportunit}• for thc public to spcsk an nny subjcct nut un the agenda
For uction. V1Vhcn yuu comc to the podium, plresc statc your oamc und address for the rrcorcf and limit
remnrks to thrcr minutcs.
DELiBERATIOti:
9, Spraguc/ApptcN•ay Rcvitnlizatiun Plnn - Scoti Kuhm
ADMIIYISCRATIVF REYORTS:
10_ Ludging Ta+c Advisory Committee Recc+mmenilaliuns - Councilmcmber Wiltiitc
INFORNir1TION ONLY:
11. Rcsponsc ta Public Cammen:
12. Pipelinc Franchi5r - Cary Dn
13. A11A Stveeping Scrvices Updatc - tiei i ;
14. C'ity Hell Dcsign Scrvicas - Ncil Kcrst;:~
EJCF.CII't'IVE SESS10N: l.and Arquisition
ADJOURti'MENT
FLITURE SCI/GDULF.
Regular Councl! Afertings are gen Nrally /reld 2nJ and Itlr TucsdQys, brginning at b: 00 p.m.
Cnrmril Slud►, Se.ulnns nre grneraJ/Y ht1c1 I.sl, 3rd, und Sth Tiic5dqvs, beglnnlng a16:00 p.m.
n~)71CF InJividuals planninE tk) uctrnd dic cnccting Nklin rcyuirt sfccial nsiisinnce to eccommrtiintc pfsysicnl, hcsmnE, or otn:r
~mpoirmctFts, plcume cont.ict llie Clty ('tcri: at 15091921-1000 a. won n:, pass:blc 4n thet nrrnncemrn!,5 mbN ht ms:lc
Cauncil :lgcndn 11-18-()8 1ixcial+RCgulat A4ctting Pagc ? ul ?
I
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 18, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ~ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: PUBLIC HEARING: Amending 2008 Budget
GOVERNING LEGISLATION: State law requires a public hearing and an amendment to our
budget when we believe we will exceed our appropriations.
PREVIOUS COUNCIL ACTION TAKEN: The City budget for 2008 was adopted in October of
2007. Amendments to the 2008 budget were made on May 13, 2008.
BACKGROUND: Additional amendments to the 2008 budget are needed to allow for costs of
street maintenance and snow/ice removal during 2008.
The second reading of the ordinance will be scheduled during the middle of December so that
all needed amendments are captured prior to year end.
OPTIONS: Options include amending the budget or not amending the budget. The budget
should be amended to comply with Washington State law.
RECOMMENDED ACTION OR MOTION: No action required at this time; first reading of
ordinance to amend 2008 budget, scheduled for later in tonight's agenda.
BUDGET/FINANCIAL IMPACTS: None at this time.
STAFF CONTACT: Ken Thompson, Finance Director
ATTACHMENTS:
CITY OF SPOKANE VALLEY
l Request for Council Action
Meeting Date: 11-18-08 City Manager Sign-off:
Item: Check all that apply: 0 consent ❑ old business ❑ new business ❑ public hearing
❑ inforrnation ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE :
Payroll for Period Ending October 31, 2008
GOVERNING LEGISLATIOiV:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
' OPTIONS: RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
Gross: $ 224,671.99
Benefits: 120,672.19
TOTAL PAYROLL: $ 345,344.18
STAFF CONTACT: Raba Nimri
ATTACHMENTS
~ l3
.
riRAFT
MINUTES
f Cicy of Spokane Valley
` - ' City Council Regular Mecting
Tuesday, Octolaer 14, 2008
Mayor Munson called the meeting to order at 6:00 p.m., and welcomed everyone to the 146th mectinD.
Atlenduiice: Citv Stufl:
Rich Munson, Mayoe Dave Mercier, City Manager
Dick Denenny, Deputy Mayor Mike Jackson, Deputy City Manager
Rose Dempsey, Councilmeinber Mike Connelly, Cit}= Attorncy
$ill Gothmann, Couneilmember Mike Stane, Parks & Rec llirector
Gary Schimmels, Couneilmember Ken Thorr►pson, Finance Directar
Steve Taylor, Councilmember Kathy vlcClung, Community Uevelopment Dir
Taiana Wilhite, Councilrnember Rick VanLeuven, Police Chief
Greg McCormick, l'lanning Manager
Inga Note, Traffic Engineer
Neil Kerslen, 1'ublic 1'Joeks Direclor
John Whitehead; Human ltesources Managcr
Carolbclle Branch, Public Tnformation Officer
Bill Miller, IT Spccialist
Chris Bainbridge, City Clerk
INVOCAl10N: Pastor Brian Prior from Episcopal Church ofthc Resurrection gave the invoeation.
PLFnGE OF AY,LEGLANCE: Mayor Munson led the Pledge of Atlegianct.
RQi.,L CALL: City Clerlc }3ainbridge called roll; all Councilmembers were present.
APPROVAL OF AGE\'])A: It was irioved by Councilinember Taylor, seconded m►d :nranimoaaly
ugreed !o upprave the agencla.
liTltODUCTIOn' OI+ ST'ECiAL GiJT•,STS A!\°D 1'RESTNTATIONS: nla
COMNIITTEE, BpARD, Li_AiSON SUiVli1'iARY_RUPORTS:
Councilmember Wilhite: reporled that she attended the Spoktine Valle_y Business Association meeting
where iMr. Stone gave a presentation on parks, that the Jnsurance Comcnissioner invited her to participate
in the Healtli Care Committee to discuss what state legislators might propose for next session; and thal.
she was invited by Avista to attencl a luncheon with the Governor of New Mexico who served as
Secretary of Fnergy under former 1'resident Clinton.
Councilmember Gothmann: statcd lhat alnng with Councilmember Wilhite, he attended the conference on
Aging; attended the ACDAC meeting there thcy tlistributed one million dollars of home funds to be used
for low iiicome housing; along with Councilmember `Vilhite i;tiended the Vallcy Meals nn 1'Uheels
Appreciation Dinner; and the Spokane Renional Health Department budget meeting where tltcy cliscussed
that funds received from the state have becn fairly flat in total dollars and as a result tlie alcohol and drug
assessment will no 1onger receivitio funtling.
Councilmember llempsev: said she at[ended the Spokane Valley Ausiness Association meetina.; the
Spokane Regional Policy meeting where they hearcl an update on the ten-year plan to end homelessne.ss
_ and of the efforts to involve businesses; and attended a Life Services Desert where Nlichael Reagan spoke
~ concerning counseling services.
Council Regular Mcctino: 10-14-08 Page I af 6
Approved by CounciL•
DRA.Fl'
Councilmember Schimmels: reported he attended the recent Solid VVaste Liaison Board Mecting.
Councilmembcr Taylor: explained that he altcnded the Annual vleeting pf Greater Spokane, inc. as well
as the annual mceting of dhe Valley Chamber; aod a collaborative grant meeeing at Nlirabeau Poinl.
Deputy Maor Denennv: reported that he attended a Valley GSI meeting where he was asked tn fll in for
Gren i3eaver as Spokesman for the Valley for I..eadership Spokatie on tMcir economic development tour,
which he menCioned was nicely supported by staf7' as many people did noC knpw about the
Sprague/Appleway Revitalization Plan and said they spent time at Universiry City area discussing our
vision of devclopment by ereating a City Core, addinj there was good fcedback; and said that he is
scheduled to atlend a Health 13oard meetino this FridAy tn interview the 1-[ealth Officer candidate,
i 1AYQR'S RFPORI':
Ma1ror Munson repnrted that he attencled the STA Operations and Administrative Committee meeting
where they discussed the implications of a budget which might noi have as much as hoped, and
mentionecl the ramificatinns of the lowereci sales tax revenues, adding that he was impressecl with the
level of professionalism of the STA stafF toward the effort to provide the needed level of service; dhat he
presented to the Greater Spokane; Inc., the Spokane VYllcy's approved, initiative legislative agenda and
added the agenda item eoncerning the EYA changing the rules again for how to develop a wastewater
treatment plant (N\r1VTP); he attended an Avista dinner where the same message was given to others
concerning asking for t3ssistance to resolve this EPn, WW"TP dilemma or risk a clevclopmendbuilding
moratorium; he mentioned the new Municipal '1'ransportalion Caucus committee, st:ated he participated in
the climate control committee teleconferencc where AWC made it clear we will not vote for any climate
chlnbe measure ehat does not proviclc measurable outcames that has a cost associated with it and which
the state legislatu.re tias fiinded; and mentioned his upcoming Octaber 17 meeting in Seatt'le to discuss
those issues.
PUBLIC CON'Il19TNT5: Maynr Munson invited general public comment; no commenis were offered. ~
1. PUBLIC HEA1tL\'G: Proposed 2009 Budgct -Ken lhumpson
Mayor Munson ope•ned lhe public hearing at 6:20 p.m. and invited Hinance Direcror Thompson to the
poclium. Mr. Thompson stated that tliis is the last public hearing for the 2009 buclgct; that although the
budget is for $111 million; the aetual expenditures will be closer to $46 million; he mentioncd the
slowino economy and said siilcs tax revenues are down, property tax revenues are up, gambliiig tax
revenue:s are down as it lppears the local casinos are having diffeulty competina with the larger easinos
in the otitlying areas; explained the expenses including the loan to the street fund, replenish'tng the winter
weather reserve; and the allocation of $400;000 for records management. There was brief inentioii from
Mayor Munson of the planning in t}ie budgek for a building moratorium; ancl vIr. illercier mentioncd that
Bruce Rawls is scheduled Ca report to council toward the end of this m4nth concerning treatment facility
canacity, and we liope to havc information at that point. Mayor Munson invited public camrnents; no
comment,s were offered and Mayor Munson closed the public hearing at 6:30 p.m.
2. PUBLIC FIEARTNG: Communitv Develupment f3loclt Crant - Greg - iN'ItCormick
Mayor IvIunson opened the public hearing 3t 6:31 p.m. and invited Plannina Manager A![cCormick to the
podium. NIr. MeCormick reviewed the propASed projects eligible for Funding: (1) Clcment Sewer Project
(fi►ll widdi paving in conjunetion with County sewer project); (2) iiistalling ADA (America's with
Disability Act) improvements on the recendy completed stree.t improvements on laishman-Mic•a Road,
viontgomery Roacl, and Euclid to meet fetleral accessibility requirements; and (3) of the se.lf-assessme.nt
study nf A.taA cornpliance. There was brief discussion concerning the set aside amount of $300;000 and it
was mentionecl Ihat amount is set aside for aapital projects without the need for us competing with other
jurisdictions, but we are still eligible to compete in other eategories, Mayor Munson invitecl nublie
comment; no comments were offered and Mayor Munson closcd the public hearing at 6:35 p.m.
J
Council Re6ular Nteeting: 10-14-08 PAge 2 of G
Approved by Councii:
llRAFT
3. CONSENT AGENDA: Cansists of items considered routine whicli are approved as a group. A
Councilmembcr may remove an item from the Consent Agenda to be considcred separately.
a. Apprc~val af Claim Vouchers 15631 - 15695 totaling $283,500.85
b. Payroll for pay period ending September 30, 2008: $331,952.81
c. Approval to Apqly for Re-Licensing Grani
d. Approval of Council Meeting Minutes of September 9, 2008
e. Approval nf Council Study Session Meeting Minutes of September 16, 2008
£ Approval of Council 1Vleeting Nlinutes of September 23, 2008
g, Approva1 of Council Study session Minutes of September 30, 2008
h. Appro<<al of Council Study Session Minutes of October 7, 2008
Councilmember Gothmann asked that Conseni Agenda ltem 43e be rcmoved to discuss separately. lt was
then moveci by Deputy Muyor Derierztry, seconded, and unanimously agreed to approve the corrsent
agendri except item 43e.
ltegarding Item #3e, Councilmember Gothmann mentioned paoe 4, last sentence of item 7 nf the draft
September 16 minutes state that Mr. Gothmann suggestecl "that prior to lhe start of negotiatinj a new
contract for the Sherifl's Oflice, that Council meet with thc Sherifrs Office to discuss relevant issues."
Mr. Gothmann said diat is just not truc; and he read the verbatim transcript:ion of that meeting provided
by City Clerk Bainbridge:
and again, I'm no/ particular of the time in when I'm talking about the month or
whatever, I do think that we as a Cnuncil need to meet beforc we staut negotiating a new
contract with the sheriff, and just makc sure that we're all on the same page I think it would
be helpful to the Council and helpfiil to the Citp Manager, and I just want to Nut a caveat that
we havc a mecting to discuss issues relative to the sheriffs contract prior to 1he time of going
intn negotiations. 11a1ow tllat 1 think, well; let me just stop there."
Councilrnember Gothmann said to leave the record as is suggests that he made an unethical ajid illegal
suggestion; and in keeping with those verbatim rcmarks, Councilmember GQthmann nruved to amend the
minutes to huve that last ser:tence reacl• "Councilmember Gothmann suggested that `we as a Couneil
need to mect bcfore we start neaotiating a new contract widi the sheriff.' " Cocntcil vote by acclunration
to amencl the minutes was :manrnaous; follotivecl by ununimous Co:ntcil vote by ucclumatiart to approve
the Seplember 16, 2008 minutes as amerided
NEW BUSLYLSS: (items were discussed in the order shown)
5 First ReadinQ Prop4sed Qrdinance 08-022 to ilmend Appeal Procedures - Mike Connellv
After City Clerk Bainbridge read the ordinance title, it wus movecl by Cozmcihnember Wilhite tuid
seconded to suspend tl:e rules atid adopt the orclirianee to crmend Cuinrcil a,vpeal procedures. City
Attorne_y Connelly explained that the purpose of this ordinance is to correct a scrivener's error wherein
Appenclix B should have been AppencliY C. with that appropriate document attaehed; and added tiiat the
change in this from the previous version is the addecl senlence about a tie vote indicates an unsuccessfiil
appeal. Mayor Munson invited public comments; no comments were offered. Vote by Acclnmation_ In
Favor.• Una»inro2rs. Owposed.• Rlnne. Abslentions: Nvne. Motion carried.
4 First Reading Proposed lnterim rmergencv Code Ordinance 0$-021 - Mike Connclly
After City Clerk Bainbridge read the ordioance titlc, it was moved by CouncilrriernGer Tuylar and
secoruled to stcspend tlre rtrles and approve Ordincmce 08-021, litle 20 enrergency code umendments.
City Attorney Connelly explained that this change, which would be efPective immediately upon adoption,
acldresses a requirement for the location of survey points whic}i was not aehievable, and electronic filing
which was not practical, that the surveying required was expensive, and to stafPs knowledge, only one
loeal survey company is able to perform such surveying; therefore staff propnses to remove the
, requiremenC to submit an electronic map for preliminary subdivisions sincc it is not necessary at that stage
Council Regular Meexing: 10-14-08 Yage 3 of 6
Approved by Council:
1)RAF I'
of the development. Community L7evelopment Dircctor iVlcClung clarified that thcre are two _
amendments: one to provide electronic copy of the plat at the preliminary plat stage; and the other
regiirding the survey required for the fnal plat stage. Mayor Munsnn invited public eomments; no ~
comments were offered. Vvte hy Acclamation: hi Fuvor: Unariimau.s. Opposed: None. Abstentions:
Alone. Molion crnriecf
6. First Rcadin'~ Proposed Ord+nance 08-023 Adoptins; 2009 13udpLet - Ken Thompson
After City Clerk Bainbritige read the Ordinance title, it was moved by Councilmember b6'ilhite ancl
seconuled, to crdvar2ce Ordinunce 08-023 ta a seconrl reading. Finance Director 1'hompson mentioned
there are a few changes to be made prior to the second reading; including the fourth "whereas" elause
regardint "all allowances"; that the street fund will be slightly clecreased; and he mentioned in general
that die original S300,000 shortfall estimatc in sales tax will be closer to $600,000, anci could be more by
the time we get to the end of the year but that he feels it is not a signifcant problcm as there are budget
reserves for revenues acljustments. City Manager Mercier mentione.d the contingenc}' and reserve funds
on page 62. Mayor Munson invited public cnmment; no comments werE offered. Councilmember "1'aylor
asked for additinnal information as he erplained there are several large items slated for 2009, including
the StLRP; shoreline inventory, updaling the shoreline master program; perhaps a law enforcement
contract; ancl with that in mind, he proposed that the $50,000 traffic impact fee itiem be removed fi-om the
2009 budget, keening '►n mind khat a budget can be amended at any time. VTr. Mercier added that a full
traffic impaet fee could actually stretch to morc than $300,000 and that the $50,000 was an estimate for a
partial impact fec study as schaol units generally undertake their own shidy. It was then inovecl by
Courzcilnrember Tcrylvr and sECOrlded !u re►nove i17e impael stuc}v fEe line ilem zinder gerreral governmerrt,
frvm the 2009 birdget. Thcre was brief council discussion on this proposed change, with a rcminder tFie
budget can be amended later if necessary. Yote 1o amencl the »rolion: In Favor: Depul}% Mcryor Denenity,
and Cottricilmember,c Schirrirrrels, Trrylor, Gothnratur, rntd W1lhite. Opposed: Mayor Munsorr und
Cotirtcilmember Dempsey. Abstentiotrs: None. Motior2 lo anrerid the motiat2 pussed. Vote by Accltunation
on the amentled ntutiori to udvance ordinartre 08-023 to a second reading as amEnded (by remnving the
impact fee sttuly line ilem): Iri Fcvor: Unanirnous. UppasetL• None. AGstentiotls: None. Motiai curried.
lt was also noted t:here are several typographical errors dlat will be cnrrected prior to the second read+ng,
including changinj page 73 from "University Park" to "Universal Park."
7 lviotion Consideration: Ado ption of C17BG - Gretz McCormick
Planning Manager vicCormick explained that staff is preparing the materials to submit to Spokane
County as noted on his October 14, 2005 Requesf for Couticil Action, including the project for an ADA
Aceessibility Self-assessment shidy grant in the amount of $20;000. After bricf discussion on the set
aside amount of $300,000; ancl that the seconcl project of "various street projects" could itself amount to
the $300,000; it was inoved by Coi.rncil»Jernber Taylor atrd seconded, to direct staff to prepare CD13Ci
applicatiotrs for the Clentent Setiver f'rojeet, various street projecls with ADA coirtponerit, and AD.A
accessiGiliry self-assessment study. Vote by Acclcrmution: In Fcrvor•: Unniiimous. Oppused.• Nare.
Abslentioras: A'one. Motion carried.
R Vlotion Consicleration: Shannon Avenue Parking - Neil Kersten and Inj~a
Traflic Engineer Note explained that this proposal is a result of a request from the East Valley School
17istrict to restrict parking in the Shannon Avenue cul-de-sac cast of Pines Road; that the taistrict uses
larger buses on that route and they have experienced difFiculty maneuvering in the cul-de-sac wfien
parked vehicles are present; but are able to maneuver the hirn-around witJiout additional backing when
there are no parkecl aars; and the concern is that the bus may have to back out over 800 feet to exit t}ie
dead end street. Ms. Note explained that the Model '1'raffic Orclinance gives authority to the Traftic
En-ineer to establish No Pa►•king zones Cor distances up to ] 00 feet; but a no parking 2one in excess of
that rnust be authorized by Couneil, whieh is the case here as the no parking zanc woulcl be 330 fest, i9s. Counc.il Regular Meeting: 10-1 4-08 Page 4 of 6
Approvecl by Council:
llI2A1+ I'
Note also mentioned that the rcquest is to restrict parking betw•een 7 a.m. and 4 p.rn., which was not
e;cplicitly stated previously.
Councilmember Gothmann aske_d for coaiment from the fre chief concerning whether this rcquest would
be needed cwenty-fours a day. Chief Thompsan said it would be difFicult for him to comment on; and that
he would need to ask the fire prevention crew to revicw the area, but said the longest vehicle is over 36
feet, but hiis all-steer so tlle rear wheels turn in conjunction with the front to get a tight turn.
Councilmember Gothmann su~,tested approval of the proposal and leaving the hours to staff and the
police chief to decide. Councilmember T)empsey stdted that she feels this is over-regulation; that she
drove her 35' motor home in that area and did not have any problem; and suggested having no parl:ing on
the soulh and east and still allow some vehicles lo park on the north and west side. In response to
question from vlayor Munson, Ms. Note said they do not know how many vehicles park in lhat area as
they have not conducted a survey, but rely on the word of the school district thal it is an issue. Deputy
Mayor Denenny said hc is not willing to risk safety or question the accuracy of the sehool district
comments. It ivas nroved by Co:incilrnentber Gothni.ann curd seconded to rE:sirict the yarking in the
Shannon Avenue ctil,cle-suc to permil sufe crnd efficierrt nrarretivering of school btrses and to lecrve !he lime
of dcry of restrictlon up to staffus they consult ivith the local frre dish•ict. Mayor Mtmson invited publ ic
comment; no comments were offered. Vote by Acclumution: In Favor: Mayor Munson, Deputy 1wayor
Denetrny, trnd Council►ne►nbers Schinin:els, Taylor, 4Villtite nnd Gothntann. Opposed: Cotnicilntenrher
Dentpsey. Abstentrons: Norle. Motiott curriecl.
9 Motion Consideration• Argonnc/Indiana Interseclinn -Neil Kersten
"1"raffic E.ngineer Note explained that Council was previously given information rcgartling this
intersection, alont with a recommendation from staff to extend the mediutn and eliminate the northbound
left turn movement; and that Couneil incliealecl a preference for signing the intersection as "No Left'I'urn"
in lieu of the median, and asked for additional information rcgarding c~ipacity. v'ls. Note stated that since
the lasl report, lhere have been several additional accidents, and said she dacs not I:now the nlture of
injuries; and that stlff recommends resti-icting the northbound lanc movement by extending the medium,
but still allow the sout}ibound left turn into the businesses as indicated in her drawing. Ms. Note also
mentioned tllat staff sent letters to impacted businesscs, anc! Chey received a letter fi•om the Advanced
Dermatologists requesting changes to the signal timing at Argonne and I`noY to increase direction of the
northbotmd left turn lane; and she said that change was acc4mplished but staff has not noticed if that
improvecl the situation; she mentionecl also that West Valley School District favrors installing the medium;
and that staff also reccived a recommendation to put up the clirectional signage for Maric Callenciers ancl
" Motel 6 to be consistent with the fi-eeway signage. li ►vus movecl by Deputy Mcryor Denenny und
secandecl, lo pu! Ilre sign.s al linriling the lrour,c of turrr restrictions to llqortday lhroirgh Frrday, 7 a.m_ to h
p. m., with an aclditional sign indicating to use the signal at l-fnox for left-hcmd t:irn on the intersection.
Mayor iviunson invited public comments.
Dan Barbieri of Vtarie Callendeis Etestaurant. 2111 N Argannc: he saicl extending the medium would
force traffic to go to Knox and turn off on Hutchinson, and will impact busi»esses on bolh sides of
Argonne•; that it wpuld be confusing to customers; would have a detrimental impact to sales and tax
revenues; that we are looking aC only nine or ten accidents over the last year; that a cerCain traffic pattern
causes these aceidents; and said perhaps the holcling eell is not long enough; adding that hundreds of jobs
could be affectecl and said we are only dealing with rush hour traffic as other hours present no problem;
and said that most accidents arc a result of poor driving skills.
Discussion included question from [7epuiy Mayor Iaenenny if it is possible to monitor the amoLmt of
traffic going into Knox, or the backup or amount increased by restricting this; and Mr. Kersten said they
could watch the activity and Ms. Note can adjust the timing of the left turn to allow more lraffic. Other
comments included the suggestion of restricting the right tum on red on the east-bourid hnox traffe;
Council Rcgular Mccting: 10-14-08 Page 5 of 6
Approved by Council:
DRAFT
mention that thc heaviesl aaffic is generally between 7-9 a.m. and 4-6 p.m.; that U-turns are allowed but
typicaUy not posted; mention from M.r. Kersteo that Chief VanLewen supports the closed intersection; ,
and that Council is willing to give this a try but wants all aspects monitored tn sec how Knox handles the '
traffic fuid if people nbey the signs. Vote by Acclamativn: 1» Favur: rlfrryor Afunson, Uepirty Muyor
Denenny, and Cauncilnrembers Scliin:mels, Dempsey, und Cothn:ann. Oppased: Councilmenrbers 7'cr}+lor
and bVilhite. Absterrtions: tVotre. Motiotr crnried.
10. Motion Consideration: Bid Award, Senior Center Demolitiqn - Mike Stone/Neil Kerstcn
It waa• mo►.ed by Councilinenrber Wilhite und secortcletl, to crtivard Ihe contrac! 1v the loiv biclcier L.arsor2
Demolitivn in the arnount of $101,179.36. Mr. Kersten explsined that bids were reeeived anci the low
bidder for this contract is Larsnn T)emolition, and that the bidded Funount is within budgct. Regarding the
intended use of the land once the building is demolished, Mr. Stone said lhe intent is to nut Some acliviTy
there that -wnulcl compliment the park, perliaps a skate park or other function, thnt thc intent is not to leave
the area vacant, but no formal clccision has yet been postulated. Mayor Munson invitecl public comment;
no comments Nvere offered. Voie by rtcclclination: In Favnr: Uiianimous. Oppose& 1Vone. Abstentions:
t\TOne. Motron crnried.
PUI3LIC CONLMTY1'S: Mayor Munsoii invited general public eom►Tlents; no comments were aCfered.
Allt's-111VISTRATIVF. REPO1tTS:
11. Comprehensive Plan Quarterlv U,ndate - Gre, McCornliek
Planning Manager NlcCormick explained that the November 1 deacllinc is fASt approaching for the 2009
comp plan amendment cycle; t:hat they rnet witli dlree applicants regardino patential map amendments,
although no actual applications have been receiveci yct, and that staff.'anticipates recciving at least hvo of the prospective applications. Brief discussion cn5ued regarding annexation, of the County's needing to
complcte a porcion of their GMt1 plan.ning and oflicially designate UGA areas to thc City beforc
annexation can be considered; that comprchensive plan changes must include the aceeptance of the JPAs; ~
and that last year's amendinents identified contiguous growth arcas, similar to what Liberty Lake did prior I:o their lnnexations, adciing that we have moved as far as possible in ide•ntifying Future anneu3tion
areas. City Attorney Connelly also mentioned t:hat state law requires it to be within a UGA and that
annexation iilust be consistent with the c;omp plan; nncl that the ciipital fac•ilities plan is not clettrly
acldressed in sCate statute, Mr. Niereier mentionEd lhat Spo}:anc County previoLIsly believed there were
some prohibitions in the CoLmty V1'ide Planning Policies that would prohibit activities until UCA's were
attributed t.o a cammuniry; but he said that we don't neeessarily agree with that stance,
1NFORNiATlO\t O\'LY: Tlte Code Compliance Kelated Ordinance A.mendment (graffiti and Uniforrn
developmeni Code) was tor inforrnation anly and was nnt rcpoiled on or discussed. Deputy Mayor
Denenny mentioned the graffti ordinance and the desire of not penalizing the prnpcrty owner; and Ciry
Attorncy Connelly stated he Nvould e-mail Council an e,Yplanation of that issue.
7ltere beirrg no ,further bttsiness it was nroved by CounciJmeiraber Tuylor, secorlded utTtl unanintor.rsly
agreed to ccdjoirrtt. Tlte irreeting udjocrrried trt 7.•55p.m.
Ar~'EST:
Richard Munson, Vlayor
Christine Bainbridge, City Clerk
Couneil Regular Meetittg: 10-14-08 Pa;e 6 af 6
Approved by Cuuncil-
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C1'.L Y OF SPQKANE VALLEY
CITY CQiIiITCIls S1'IJDY SESSIOi\T
Tuesday, Qctober 21, 2008
Mayor Vtunson called the meetino to order at 6:00 p.m. and welcomed everyone to die meeting.
Present:
Cotmr.ilmembers: Staff:
Rich Munson, Mayor Dave Mercier, City vlana;cr
i7ick Denenriy, i7eputy Mayor Cary Driskell, T)epufy City Attoniey
Rqse Dempsey: Councilmember Ken Thompson, ~Ninance Director
Bill Gothrtiann, Councilrnember \ieil Kersten, Public Works 17irector
Gary Schimmels, Couneilmember Katliy MeClung, Commtuiity laevelopment Dir.
Steve Taylor, Councilmember Mike Stone, Parks & Kec Director
lliana Vl'ilhite, CbtincilmeiTibcr Seol1; Kuhta, Senior Plaiincr
Rick VanLeuven, t'olice Chief '
Mike Thompson, rire ChieF
John Whitehead, I-I:R Manager
vToroan Koudelka, Sr. Administrative Mi►lyst
Lori Barlow, Associate Plininer
Carolbelle Brancll, Public Tnforrnatiori Of'fieer
Greg Bingaman, TT Specia(ist - Carrie Acosta, 17eputy City Clerk
ACTION 1fiLIVTS:
1. i~lotion Consideratic►n: Authorize Rudget for Law Enforcement Assessment - llave Mercier
!t ►vas moved by Uepu ty:Vuyoy Denerlrry and seconded, to QuIltQP1ZL' a Gurlget oj S79, S00 for the
Assessmerrt oj I utiv Er forcenrent Ser•vices preserrted Gy IC11IA Cotu tdting arld cnjthorize tlre City Alanager
tofrncrlize ayrd execaite a c•ontract for s:ich services. Nlayor Munson invited Sheriff Knezovich to speak on
the proposecl assessment. Sheriff Knezovich said there are aspects to the proposal ihac are current trends
in law enForcement nationwide. Me said ihe proposal indicates detcctives are primarily reactive; however,
Intelligence I.,ed T'olicing (II..P) is more proactive. He said the focus of law enforcement should be
proactive rather than re,aexive in going flfcer ChUSe causing the crimes. Hc said best practice depv-tmencs
look at proactive ways tq handle calls. I-Ce said an esample was bringing Crime Check back to the region
taking the burden of response off patrol officers which is typically a signifcantiy higher cost if officers
respond rather tllan a report taken. He said in 2004 there were 43,000 reports taken by Crime Check and
in 2007 there were 21.000. He sait! Hfith the return of Crime Check we will know w11at k.inds of crimes ai-e
t<i-king place and bc befiler able to direct a.ssets to respond to those crimes and be able to handle those
issues in ainore proacrive Nvay_ He said community suppart is a critical element as statecl in the ICNIA
proposaL °I`he SCOPF offee is our cornrnuniCy oriented policing and is stil7ed by volunteers whot make
tlie jobs of the police ofticers easier. Me said SCOPE is a nationally recosni2ed community oriented
policing model and Chief Va-iLeuven was recogriizecj for bringing this niodel to Spokane County. 1-1e said
the Valley Storefront is another proacrive crime reduction element and is another way to reach out'to the
cnmmunity.
Sheriff ICnezovicdi said the use of crirne ciata to develop short and long term serategic initiatives is tlie way
law enforcement is heacled. He said tlie need for intelligence and clata [o t►elp develop sti-ategic and
taccical plans for the comrnunity will be used [o dc;cide what the resources are and hocv many resources
we have. Hc said the sheriff's offiee began looking at this in the summer of 2007 and started nlans to
Study Se.ssion A4eeting Minutes: 10-21-08 Pape 1 of 3
Approvetl by Council:
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move t:oward 1LP. He said they formed a steering committee and thcy developed PRISNi to find true ~
crime data. Eighteen mondis ago hc issued a challenge to his research department to find a better moclcl that does noC have a 30 day 1~ig time. Ple said il is important to understand the nature of crime trends and
he hopes Council understf+nds data driven policing is not just about che numbers but goes into greAter
cletail. Me said the initial agency training started in the spring of 2008 and he is laokino for sustainable
grant fundina. He said the ntost irnportant aspect will be to reestablish their link with SCOPE and that not
all SCOPE stations have wireless capabilil:y wliich is necessary far some of these progra.rns. FIe said in his
qpinion the foundation for the 1GiV(A proposal leans heavily toward the IT.:P model. He said ihis is not a
Une-tirne fix but a commilrnent toward inCellige-nce and ditta lcd policing anci }he said we all have to be
committed C6 it. Sheriff Knezovich mentioned the acc:ornplishments of the reaional garig tssk forc:e and
recciving the gang unit oE the year award in 2007. F-Ie said as soon as crime is occurring dley are picking
up the criminals. He said armed rabberies are typically solved within 72 hours and ho«iicides arc
typically solved within two weeks. I-Ie said they have already seen ine.reases in crime data and it will only
get wrorse unless thcy focus on proactively going after criminals. 1-le said ano[her accomplishrnent is the
disniption of an oroanized crime syridicate transportinb rneih to the Spokane area. Other accomplisliments
include the implementation of an evacuation plan f'or the Councy iri 2007 and their training unit that
provides regionl) in-servicc training to North Ic3aho and the entire Spokane region at no charge its Nvell as
prnviciin; national and internaeional training for a cosC of $3Q annually. He said officers here are receiving
rtiore training, mare often and of higher cluality ifian in the last 15 years with any ot:}ier agency ancl he said
it was recognized as one of the best: training units in the state.
SheriFl'Knezovich said data wichout proper aiialysis means very little and we need to have sorr►cbody who
is trained to antilyce the data. He said an analysis showed twenl:y-three traffic fatalities in 2007. They took
it upon ihemselves tn recfucc that number and in 2008 there have onlv been eight faralilies. pfficers have
wrirten more cickets and they started a Uaffic re-education course t:hat has been very successfuL Hc said ~
last fall they de.veloped expect<jt:ions and performance me,asures for officcrs. I-Ie said performance
-
measures need to be qualit<ilive snd quantitative in nature and they nced to determine the baseline
standards. I-fe said tlie main goal of perforinance standartls should be to reducc crime and imprqve
eustorner satisfaction and t:hat the true measuremerit of successfiil policirig is the absence of crime. He
Said citizen suppor[ is key to any crime reciuction effoit and without their suppc+rt [he policing madels will
not succeed. Sheriff ICnezovich said Stan Mc\jutt said ii is in the besl interest of Spokane Valley to
maintain the cnneracting pai-tnership with the County Sheriff beetiusc of the high eost of pplicing. He stiid
currenlly Spokanc County is rankecl sccond in the state in crinte reduction and he will be interestcd to see
the ranking after Crimc Check is back in placc. 1-fe said in his opinion very litlle weight was given t:o
Councilmember Gothmann's study. 1-ie said he thought the prior proptisal lea.iied toward Spokane Valley
breaking away from the County Sheriff for policing and thal' led to his concerns. He said his ability to
maintain the regional task Force and other task forces clepend qn partnerships and more cieies are going
toward metropolitan st}lle policing becausc tliey see the econorny of scale. He said the County's conccrn
ha..s been about the politically motivated ideas behind the studv ancl the cost of the review. We said the
study is not out of line and that to do this type of study the cost is easily around $50,000. He said he
supports the stud_y if the intention is to work together zincl if it makes the workina relationship betwcen
Spokane Valley and the Couriry Sheriff's of~ice stronger. 1-ie said it can not be one-sided, that the
$heriff's offce nceds to have inpuC ancl the study needs rogive information its a reaion, and that the
SheriPf's office needs to be given the opportunity to implemeni any suggested ehanges.
Councilmember Gott►manri a~sked what the present schedule is far bringing Crime Check back. Sheriff
[Cnezovich said it is still on track for January 2003 (2009] anci is contingent an the hired personnel
passing their training. Councilmeriiber Gothmann askeci if County depueies are trained at the Spo"ne
Police Academy; how much [raining do the deputies get each year and how the training is based. Sheriff ;
Knczovich said «<hen ofTicers are hired dhey are required to go to the Acac{emy and then 24 hours of yearly training, but chey actually ao through 40 hours of training.
Study Sessian Nqeetinp I~4inutes: 10-21-03 Page 2 of 3
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epiity V(ayor f7enenny saicf he florEes with the performance measures beir~e hoi:h qu,ilitative and
quantitalive and asked if the Sheriff thinks he can work wich ICNIA to get both aspecrs, Sheriff Knezovich
said he thinks tliey ean but it depencJs on the philqsophy of ICNIA. We saicl every siY months the Sheriff''s
office looks at what t11ey have done righC, what the_y can irnprove and he gives a report lo the agency
reflecting the suggestions they come up with, then they actively go out to fix those aspects thaC can be
improved. Mayor Munson asked if the Sheriff thin.ks they will be ablc to accelerate the developinent of
the performance standards for the depitrtment. Sheriff Knezovich said yes, so lotig as Nve are working
togcther toward tlie goal of making our a};encies better rathEr than dividing them. E•Ie said t:hey have to
deterinine the true nature of the gnal. I-le said if the goal is to improve perforrnance they can get there but
Council nceds to realize the Sheriff's office has ahvays been under staffed anti ic will take significant
effort on his agency's part to help speecl up the process.
Ciiy Manager Mercier pointed aut that all presen[atidn materials and the ICNUk proposal are available on
the website. He said he previously presented this intorcnation in July and it is about proactive atl:cntion.
He said the nature of the study is to seek improvement and wc are five years into this contracting
relationship iuid both sides reeo,(;nize a nee.d to revise e.omponents of the current corit:ract for services. He
said Council has indicated the need for identifying performance mezisures not only in police services but
in all operations of tlic Cit'y. F'ublic safet), }ias been a rop priority in the cominunit:y and it is import<mt to
deteriniric the sustainable levels of fiinding for important rity services. f-(e said for iiearly 100 years
ICN1A has served as an inforrnation clearinj house and technical assistance provider to conimunitaes
aerass the countiy anc) across the world. He said the primary objectivc of t}tc assessrnent is Co present the City with an unbiased review oC the positive and ncoa[ive ramifications of renewing its contract wit:h the
Sherift S Department. Mr. Mercier saicl Council identified 28 areas of inquir}r and interest as listed on
paae S of the ICMA propa&il. He said that as this work is conducted, we are invit:ing cfaUt aniilysis
because policy makers need to be aware of die statistics occurring in the community, how activity for
_police services is c3t,31oged, and that Fuialysis of dai:a must precede any decision rnaking. One aspeel c,f
the praposal is to focus our undersWnding of what is happening today as a means to identify opportunities
Co reach further heighls and continuqus irnprovement is reflected throughout the propc,sal. The 1CMA
team is highly qualified and has field experience in policing, management, and statisiical arialysis. The
proposed projccC deadline is March l, 2009 for a preliminary repori: and a final report by April l, 2009.
He said they do not snticiqate any interim reports, bul I:herE will be a conveyance of inforrnation back and
fortll and will be shared with Council so there will be no surprises. He said that the success of the
proposal requires a partnership with Uie Sheriff's department as they are the keeper of the base statisties.
Mayor Munson askc(i and City Manager Merc,ier confirmed that as we move forward the information will
be shared with the Sherift's off-ice. He said the reporting will be on-going and contin«Ous. Hc said the
basic stud), artalysis is $69,000 wit:h ti Lravel expense provision of S10,500. `I'he 2008 cost f'or police
seivices amounts to over S 15 million and is 48% of the general fwid budget. Hc said the eost of the
assessment i; less than 1% of the policc btidget. I-fe said this study is proposed iYS a sh-citegic investment
as we have done with otliers, utilizing external consultancs such as those used in dcveloping the street
master p1an, the SpraguelAppleway Rcvit:alication Plan and the Cicy Cen[er. He said the study shoutd
provide advice on how to achievE besl practices in police services, identification of data-drivcn policing
options, supgestecl contract revisions and recommended perfonnance measures and strategic options.
Councilmember Dempsey asked what other c:ieies spend for police services. Mr. vlercier said that an
internal assessment shows Spokane Valley eanked seventh in the state as to how rnuch wc spend.
. C:ouncilmernber Sehimmels said there is it difference in the fiaure now proposed and asked if there is a
budget line item for the expenditure. vir. A7ercier said there are resources in the budget for the study,
explaining we would allocate the expense aatiinsl' the police departtnent and if thcre were insufficient
revenues at the encl of the year, we would rely an the contingency fund i.n the general fund.
- ~I Couricilrr►ember Schimmels a..sked if due diligence rec{uires we ask For proposals rather than select a
consultant. Mr. Mereier said most rnuniciPalities have a vender roster f'or various services tliat can be
Study Session r`4eeting k'vtinutes: 10-21-08 Pagc 3 of 3
ApprovcxJ by Council: '
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t,tilizcd. ICMA Consulting is on our current vrender roster and we can negotiate a contract with them. Mayor Munson invited public cornnient:
Chuck Flaffner, 4710 S. WaodrufF said he is representing the Spokane Valley Business Assaciation and
residents of Spokane Valley. He said the consensus throuahout the community is that this will bE passed
by council tonight. In past years he was the director of secondary schools for Cenlra) Valley School
District, Me said adminisCrators anct staff members are etnployed based on their eclucational backgrouncl,
life e:xpericnces and expetrtise. '1'hey are responsible for evaluating staff; assessing prograrns and
prnviding leadership. TMis is similsr to what has h<<ppened in our City. The City Council has hired a city
manager who has the expertise to providc leadership for our city, evaluate personnel, aiid provide a vision
to move the ciCy forward, reflective of the wishes and needs ofthe commimity. AClrniniSiration is macle Of
kuy personr}el who are well skilled in their areas of expertise and are very qualified. 1-Ie said usirig an
outside sow-ce for analysis seems to be ludicrous, dhat Spol:ane Valley ha.s rflted very well as far as
recluecion in erirne and efficiency. 1-Ie said the proposal was previously rejectetl by Council and he is
ag<91IlSi li.
Albert Fisher_ ] 3508 E. Valleywav said his biogest problem with the proposal is he doesn't knoNy Nvhy the
Gily Couneil and t}ie SherifiPs office can't negotiate a concract. I-1e asked what we liavc. ?otten from
studies that we have alrE:acly had cione and he said people of the VaIley would be surprised by the amount
of rnoney spent on outside comments or sugbestions. IIe said he diinlcs we have One of finest law
enforcements there is ancl doesn'c thinh it can be beat.
Linda Fralie. 4836 S Progruss Couirt said she does not live in Spokane Valley but is a rnember of the
Spokane County'I°raffc Safety Corrkmission, GSAC, and SCOYE, and is tiere in support of SCOPF. She
said she has ridclen with qfificers and can see from their ear cornputers whei-e dhey are spending niost of
iheir time; primarily responding to domestic calls. SCOPE has gained national recognition for -
development of neighborhood watches, and through that they have trained the community on how t:hey
can hclp t:hemselves to alleviate some problems palice norinally would responcl to. She asks ihst Council
seriously consider keeping SCOPE.
vlay4r vtunson commented thac the Cotmcil is made up of elected represEntat.ives of the city, dhey take
the respansibility SeriOuSly and }te looks at this process as being a fiduciary responsibility ta make sure
tax dollars are spcni wisely, ei=fectivel}r, and efficiently. He said the idea of negrotiaeing a contract is from
a base of knowledge and this stuc3v will help achieve that. He said ttiis will not be a closed proce•ss. Tlie
IGM-t1, study tivill be a tool, as well as the inforrnatiort from the Sheril'f's oPl'ice arul the study done by
Couneilmember Gothmann. He said he is supportive nf the proposal and he does not believe SCOPf: is
an issue on the table. Councilmember Gothrnann said the pwpose of the stuciy should be to establish an
excellent working partnership tivith the SherifE He said he tried to develop data because rione existed
when the analysis was first proposcd. He said one rzason to clo the study may be to develop our own
poliee dcpartment, but no ather study has indicatetl that would be agood use of money. Another reason
would be to compare casts between contracting with the County or developinn our own police force but
no stati.rties inclieat:e the eost would be less if we develop our owm and he said he is convinced we woulcl
not find any data odierwise. Anolher re<tson would be if the $heriff's office is not doirig a good job; but he
sees no statistics that show they are doing a bad job. Another reason would bc because we have never
done it befnre, but he sai(f [hat is not gocad ratiQnale. I-le said the real question is whether it is necessa.ry
and he does not. want t:o spend the Sheriffs money. Another woulcl bc the need to develop goals but hc
said this is the respansibility of Council, the commLmity and managernent. E-le said we pay over 5300,000
a year to managers and their job is to cstablish goals. We said another reason would be that. T-900
demands it; however, that is not true. IIased on all these reasons, he says he daes not think Counci) ,hould ~ ~spend the rnoney Ior the anal}+sis; howcver, should Council decide to do it, he saitl he cloes iiot think it is a
bitd t-hina ancl Me will stapport it.
Study Session Mcciing yfinutcs: 10-21-03 Pflge 4 of'$
Approvecl by Council:
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1
~ Cowicilrnember Taylor said he supports thc study evren though it was amended from the original proposal
which was to look at alternatives, saying that witliout the llternatives it is hard to negotiate a concract in a
position favorable for negotiation because iC is best to negotiate from a pnsition of strength. hIe said wit.h
rejard to the statement thar the motives of the study are "politically based," as someone elected to the
Council his motivation is politiei►Ily based anci he has made a commitment to :Spohane Valley to operate
the city from thc standpoint of incorport3ting best practices and continuous improvement I-Ie said thcy
startecl as a contract city and have been innovaeive and suceessful as such, but that daes not mean we
don't assess otu- programs or progress. I-[e said he is accountable to the peqple who electecl t►im and it is
important to go through wit}i the sCudy. f-le said this study will hopefully cement the relationship formed
wiiM the Sheriff's pfTice and will hopefully lead to sdme solutions where therE are riow clifficulcies with
haw the contract is be:ing administered. He said this study has nothing to do with the officers on the street
Ar the volunteers through SCOPE and that a-s a tax collecting and tax spending entity we need to ensure
Spokane Valley is getcing the best laang for our buck. Hc saicl he believes all administrators in the
Sheriff's depattment ztnd Spokane Vallcy du-e maving toward the goa] of best management and efficient
use of taxpayer resources ancl this study will sAlidify that.
Councilmember Wilhite said she appreciates the work Councilrnember Got:hmann has done and the data
he has provided, but now she thinks that should be analyzed and we should kvork towar<i the goal of
having a closer working relationship and partnership with the Sheriff's office. She said there is a bcncfit:
to us to Iiave acereditation for the Sherilrs departrnent so we continuc to receive national recognition that
continues to show l}ie Z,reat job tlie Spokane region is doing in providing police services to our aitizens.
She said she thinks the mone.y will be well spent becsuse wc neeci to have thornugh analysis and it wil)
help us to hsve a better partne~~ship with the Stierit('S depa.rtment.
i ~
,Vlayor Vtunson invitecl Leonard ,Ulatarese, Director of E'ublic Safety•Services for ICM.A Consulting to
speak.. Ivfr. Matarese saicl 1CNtA Consulting helps city ofTieials unclerseand the details they need in order
ro make gnod policy decisions. E•Ie said conducling an analysis is common ancl it does noi mean the City
thinks the Sheriff's off' iec is cioing a bad job, but rat:hcr brings an unbiased approach to the analysis to find
area.s qf irriprovement. I-Ie said ie can not be done withoui the Sheriff's cooperzition and the cosi for the
st.udy is less tI1c111 tf1C cUSe for one ofticer f'qr one year. Councilmember Gotlimann asked if 1CMA
Cnns►alting hits eaperience work.ing with entities with contractual po(ice services. Vlr. Matarese said
[C1RA was onc of the leaders in identifying the concept of a"contract city." He said the deeision for
wheiher or not to contract for poliee services needs to be rriaae on a local need basis and not based on
national stftndflrds. He said part of [lie study will identify precisely where time sllocycians sre sprnt and
then it beeomes a policy decision on the part of Council to choose how much time the officers spend
doing preventative activities and whether we v-e willing to pay for that. City vfanager Mercier added the
study will include police contracts beriveen Pierce County 1nd King County and the Washington cicies
with tivhicli they cantract. I%te hy acclamation: In fuvor.• Mayor Mwz.eon , LJeputy Mayor Denefarty,
Coantcibrreniber Ttrvlor, Councilnieinber Wilhile. Opposed: C'oarncilnreinber Denrpsev Councilmember
Cotlrmarln, Councilntember Scliimntels. Abstentions: !l'one. Motion cnrries four !01hrEe.
la. MayrorHl Appointrnent: Lodaing Tax AdviSOrY COmmittcc -iN'layor Munson
It wcas movECl by Cbtnlcilnletirber Taylor arid secofaded, io eonfirni !he 119uyoral appoiritment clumge of
C'ouricilnremher 6Yilh1le to the Codging T«,Y Aclvisory Canamittee in place of Cottnci(rnemher Gollrmann
for the r•emaiyader of t{ie yeur. Councilmember Gothmann said he thinks COuncilmember Wilhite will do a
great job and is in fAVor of her taking his place. Vote by ucclumution: In ftrvar: Urianintozis. Opposed.•
- Nare. Abslentioizs: Afnyre. rVotiorr curried.
vlayor Munson ealled for a recess at 7:45 p.m. He reconvened the meeting at 5:00 p.m_
Study Session Vteeting ;vlinutes: 10-21-03 F'agge 5 of 8
Approvecl by Cnuncil:
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RECiU1:.AR STT,TDY SESSIdN 7T.EDTS: ' 2. City Centcr/Citv $all Undate -Nei1 Kcrsten - J
Public Works Direcior Kersten saicl consultants Berna.rdo Wells snd GGLO havc been workin- on
concepts for the location of the City Hall site, Originally the plan was t:o have City Hall on the west side
oF the City Center plan. f3ecause Gity Hall will not be Inc<<ted t:here now, they looked at the cost of
rnoving Dartmouth and found it would save money if they leave Iaartmouth and lool: at moving CiCy Hall
inco the southern location as showm in Optinn A UC the presentation. He said thi5 leaves the origina) City
Center concept with traftic coming in direetly off Sprague, leaves D:irtmouth where iC iS curre3itly located
which gives indirect access off Appleway and Birect access pff Sprague. He said the site for City Hall in
[his location is thin with-not much fronlage on Appleway and is somewhat constrained. They then loaked
at expanding the open spaee in fronC of City T tall more toward che ceriter uf the City core with the main
access still off Spriigue givirig- a larger area off the City Centcr core with a Luldscape design for litrger
rLmctions. Next they looked at moving City Hall I:o the location shown in Option D!, giving more direct
access otTSprague and Appleway and ut.ilizing existing road Eir►d access, and offering mori; usable space.
"1"he site is reduced but still very lar-e and gives a lot of options. He said the City H311 site is decreased
buc retail space is inereasecl. The site gives many options as to where to place the building for visibility
and it has a lot of flesibilivy. Vlayor Munson askcd if we still have fimds for site planning. Mr. K.ersten
saici there are siill funds available from prior Council appmval. City Manager Mercier asked that: if
Council h<<s apreference fpr the 14cation of'City 1-lall the}t give cfirection for staff to proceed. We also said
the potential for reconfiguration of City H:all and the policy consideration of aclding nn additional retail
opporhinity on the norCh sitle of Appleway will require ti fut:ure regulatory change. Councilmembers
Gottirtiann and Dempsey said they both like opt:ion la I. Deputy Mayor Denenny Said he likes thaC opt.ion
L71 provides morc options fbr retail. Councilmember Taylor said he thinks this option is an efficient use
of the existing infrastructure and likes h<3ving Cit_y Iqall in proximity to 1}ie current buildings already
there: grocery, recail and restaurants. Mr. K.ersten said he anticipates presenting diff-erent conccpts to '
Council by Ueccmber and Mave the completed design by February. T-Te said the design work would be
contracted to GGLO and the original cost estimate was $70,000 for road design but due to ldditional
streets and utilities the cost for streee design ha.s increased. It was djte consensus of Cour:cil !a prueeecl
1v11{I 0p1[On.DI criul place uuthorizutin» of S40,000 fvr uclclitrorral street desi,gn on the can.cerlt agefada
next Tue.sday wiil1 the trnderstandirlg it cair bE puller.l off the consent agenda if'aiiyone moztld like ro
discuss it fzircher.
3. Snrafjue/Anple-,vav Itevitalizakion Plan Book .T_I, Develonment Itc~alatiuns - Scott Kuhta
btayor Munson asked iE'Councilmembers were ready to discuss the direction of Sprague Avenue tonight,
and they aI) agreecl they werc read_v. Senior Planner Kuhhi rcxotnrnended they continue with non-
confornling use and wait until October 23 to discuss transportittion issues in Book III. Nlr. Kulita
discussed the October 21, 2005 memo regarding Spra'gue and Appleway Corricior5 Subarea Plan
Deliberttions 1nformat.ion, Hc said with regard to insuranee on non-confQnning struetures, tFieru is np
apparent issue with insurance rates being hinher on non-conforming Structures. Tf a non-conforniing
structure is camplelely ciestroyecl, the insurance company will caver the cost of reconstruction. If the
owner decic(cs not to rebuild, the insurance company will pay a settlement based on the tichial cash value
af the building which is deternlined by the cost lESS depreciation, which is detennined by the age and
conditian of the builcling. He said if it is a non-confarming use and if morc than $U% of the building is
descroyeti, they cannot rcest.3blish that use on that site and, they would liave fo put it in a zone where that
particular use is allowed based An current non-conforming provisions. Mayor Viunson said the question is
whether tliey want to maintain that provision. Councilmember Taylor said he does not like the current
provision. ]-le said new canstniction should have to rneet the design but should not takc aNvay the use
causecl by ciestructiort. Mayor iMunson asked if we allow nnn-canforming use to be rebuilt whac would it
do to other non-conf'ormirig uses within the City? Councilmember Taylor said that is what he is ~proposing. In the instance of an involuntary destructinn of a propert:y, 111cy would be able to continue thaC
non-conforming use just as if it had not been involuntaril}' ciestroycd. Viayor Munson adcled so long as it
5tudy Session ivteeting Minutes: 10-21-08 , Page 6of 3
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mect.s the architecr.ural and set-back standards. Mr. Mercier said it is a common ingredient in every
municipality he's been assoeial.ed widi to have a non-conforinina use requirement and the antececlent to
that rule is elected officials recognize conditions withiri cornmunities change over cime and periodicall_y
revisions are made to zoning. Mr. Kuhta saicl the other option is for the business to relocat:e to the
appropriate zone and rebuild there. Deputy Attorney Uriskell said they will need to look at the legality of
havin}; differing non-canfonning conditions in diff'erenC parts of the city. Iaeputy Mtiyor Denenny asked
for an analysis as to how ocher municipalities handle the provisions of non-conforming usc and the
clestruction of a business. Courtcilmember Taylor asked if this is a new provision Council adopted or if it
%,vas inhErited froin the County. 1Y1r. K.uhta said we «lade the provision more restrictivE wlien we adopted
the UTaC. He said he thinks die plan itiheritec! &nm the Counry allowed rebuilding/replacement of the
npri-confnrming use. Councilmernber Taylor said originally Council was presented witli a differenl non-
conformin' use provision for this plan that wa,s diff'erenC &om what our UDC was. There were some
issucs with it, City .Attorney Connelly looked at those issues ancl c.ame back with some amendments ana
one of those was to take the UDC cw-rently adopted nnn-conforming usc provisions and maf:e it the
plan's non-confonning uss provisions ma.king it cleaner. He said that is how this happenecl and now they
have amendments that: have been made ancl lhey need to decidc how they want to deal with non-
conforrning use so they neetl tu fnd the best way to move forward and be consistent .vith the pla.n and the
code. Mr. Mercier said they will need ta decide if chey will allotiv reinstitutiott of.' what has been
clet'ermined a non-conforming use uncler ihose circunistances and in doing so they will have eliminated
the na[ure of it being a non-cnnforming usc. 1'VhaC they are really saying is that i1 has non-c;onforming
arehitectural stantlards. Councilmernber Gothmann said it woulcl still be a non-conforming use Lultil it is
sold for a different use. vlayor Munson said he has concerns with charigirig the non-eonCorming
provisions for the entire ciry bec.ause of tijning. Councilrnernber Tttylor said it is a[JDC change, nqt a
Comp Plan change, so it can be done at any time. vtr. Kuhta said it wil] not slow the process of this plan,
because the lan5uage in this nlan refers to dle non-conforrning issues af the UDC so diis plan Gat1 be
_adopted and the issues of non-confonnine use in the UUC can be discussed later.
It tivas naoved by Courrcilrnernber Taylar und secosrded, to extend the nreeting to 9:30 p.m. ha .favor:
r14'ayUr lllwtson, Deputy Mir}+or Dene»ny, Cow7cilmenzbers Gothntani7 ui7c1 Tuylor. Qppvsed.-
Cowrcilmcmbers Derrrpsey, Sclaimmels, rnrd kVi!lrite_ .Abstenlions: None. Alotiorr carrred.
Mr. Kulita continued with the mcmo and said the impact of praposed regulations is difFicult to answer cluc
to the variables impacting the cost of developrnent. He said he contactecl Bob BengEord, Consultin? "
Planner and Urban llesigner with `![arkers Arcliitecture ancl Joe Stuy, llesign Manager for Baker
Construction and both agrr£d t:hat clesign stflndards can add hetween 0 and 5% to the casc of construction.
Nlr. Kuhta said Council a.sked hirn to find ou[ the cost for a City Cerit:er videe simulation and he contacted
Donald \jewlands of \'ewlands and Company who said the cost was aboLrt $20,000.14e said we can tigure
on $10,000 per thir[y seconds, depending on the wmpletity and layers involvecf. Mr. Kuht1 said he tliinks
a photo simulation of what the City Center would look like as well as the rest of Sprague may be
intcresting for citizens t:o see and he said Comrnunity 1)evelopment can corne tip wil'h propqsals if
Council woulcl like them to proceecl. Mayor Munson ssid he would like to see proposals. Councilmember
Taylor said he is not ready Por that yet. Depury Mayor 17enenny said he would like to come back to the
discussion of video sirnulation after they havc macle decisions in other areas. There was Cowrcrl
conserlcus !o livld off on video simulutioii disct,rssiorl.
NIr. Kuhta said previously Council discussecl how to apply reoulat:ions to new c;onsh-uction, additions and
~ reconstruction of builciings and the desire of Council was to maintain regulations as propesed for the City
i
Center. For clarificatiian, he identified the area of the City Center district zone as the area bordered by
lvtain and Nourth frorn Walnut to Bowdish. Hc said the regulations would apply to ncw construi;tion,
additions breater than 20% of the building floor area, and exterior improWenients costing rnorc t:han 20%
Study Session Meeting Minutes: 10-21-08 Page ? of 8
Approved by Councit:
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of the asseSSecl or appt•aised value of the building and land and shall confbrrn to arc.hitecturiil re:oulations.
[n all otller district zones, regulations shall apply to new construction and exterior improvements costing
more than 20% of the asses5ed or appraised value of the Uuilding ttncl land. I-le said they took out the issuc
of additions greater than 20% of'che huilding floor area ancl added a new defnition f4r New Construction.
New (:onstruction is delincd as an entirely new struckure or the reconstruction, remodel, reliabilitation or
expansion of the building costing more than SO% of the assessetl or appraised value of the exiscing
structure. Mayor Munson asked why Iand was not inelucfea. Vir. Kiihta said t.here tivas no reason for not
including Iancl and it is the up to Council to deeide if they want tn include it. Councilmember Gothniatin
suggested that para};raph t:hrec apply to the City Cent:er 2one only and in parabraph t1.vo they define new
const:rtiction as an entirely new structure or reconstruction. Councilmernber'faylor suggested they include
the value of the land wi1h the building and apply to both. ti1r. T:uhta said they would need to have a public
hearinb to deal with any changes Council miilces. There was Cotnicil corrsensu.s to chmrge the defrl7111031 Of
new c.nnstructiorl to inclaede the >>ahue oJthe 1<.rnd.Ntayor lvlunson said they have a d}mamic plan and onee
they are done chey will likely make several clklnges but:lie said we need a dynamic approach.
.Vaypr •ifirnson Yecontmerrded ancl i1 was zu7unintoti.sly n4 eed to adjour•n.
4. Advance Agendii - M.avor Munson: Iterrl ivas nOt discussed
5. Council C'heck-in -1'fav[►r Munsoti: Item wus not discatsser.l.
6. Citv 1Vliinagcr Comments - nave_ Mercier: Item ►vas not disctissed iVlayor Munson adjourned the nieeting at 9:25 p.m.
ATf'F.ST:
Richard Munson, Mayor
Christine Bainbriclge, Ciry Gerk
Study Session Meeting ivfinutes: 10-21-08 Page 8 of 3
Approved by CowZCil:
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viINiJTES
City of Spokane Vallcy
City Council IiegiilAr Meeting
Tuesday, Octnber 28, 2008
Mayor Munson called the mee- ting to order at 6:00 p.m., and welcomed evreryone to thc 147th meeting.
Attendicnce: Cifv Sta(f
Rich tilunson, Mayor Dave Mercier, City Manager
Dick Dencnny, Deputy• Mayor Mike Jacl:son, Deputy City Manager
Rose 17empsey, Couiicilmcmber Mike Connelly, City Attorney
Bill Gothmann, Ceuncilmember Mike Stone, Parks & Rec Director
Gary Schimmels, Councilmember Ken Thompson, Finance Direedor
Steve Taylor, Council.member Kadiy McClung, Community Development Dir
Aiana Wilhite; Cauncilmember Neil Kersten, Public Works Director
Scott Kuhta, Scnior Ylanner
Steve VVorley, Senior.F.ngineer
JoMn VJhitehead, Human R.esources Manager
Sara ftichardson, HR Tech
Jennifer I'apich, Recreation Coordinator
Greg Binoaman,ll' Specialist
Chris Bainbridge, City Clerk
INVQCATION: In the absence of a Pastor, Councilmember Taylor gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Munson led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called roll; all Councilmcmbers were present.
APPROVAL OF AGENDA: TT was moved by Councilmember 7crylor, seconded and zarcmimously
crgreed to upprave the agetrda.
INTROllUCTlON OF SPECiAL GLTFS'TS AND PRESE'TAT'IONS:
Mayor MLmson read the "National Hun~er & Homelessness Awareness Week" Proc.lamation.
COMIVIITTFF,130A1i1). L1AlSON SUMMARY REP()RTS:
Councilmember Sc•himmels: stated he had no reporl.
Councilmember Ta ylor: stated he had no report.
Deputy May'or Denennv: reported he attended the He31di Board lvteeting where they confirmed the offer
made to the candidate, who is still consictering the offer, and aclded that the Board passed their budget but
due to underfunding by the State, ten people were laid off who Nvere 1'uncled through the general fimds;
and he mentianed the removal of thc iarug & Alcohol Abusc Assessment Program as well.
Councilmember Dempscv: said she attended the labor rally severa] weeks aao at the Fairgrouncls, which
rally was plush with political candidates incltiding the Governor; attended the Association of Washington
Cities (AWC) meeting; went on a field trip to Vantage with dle International 1'rade Allianee; attended a
"hire-ability" luncheon celebrating what people with disabilities can do; attended the Convention &
Visitor's Bureau (CVB) «rorkshop which explained thc function of the CVB.
Councilmember Gothinann: mentioned he atteitded the AWC meeting and complimentecl AWC an their
~ informative meeting; attendcd the City of Spokane Public Safen, Commission where he spoke concerning
~
Council Regular tMceting: 10-28-08 Page 1 nf l I
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panhandling; and attended a SNAP retreat where they wcre in the process of hyina to determine what
they cnight laok like in the future in addition lo their heating assistance and other current programs.
Councilmember Wilhite: said she also attended the f1V4'C Meeting; a Chamber of Commerce '
Transpoitation Committee mecting; the Greater Spokane Substance Abuse Alcnhol Awareness Nlonth
presentation; and she chaired the NoteUMotel Advisory Committee where they discussed allocation of
funds to various community entities whiclt recently submitted their funding applications.
MAYOR'S 12EPO1ZT:
Mayor Munson reporced that he atiended the AWC regional meeting where he eommentecl about the
possibilih' of a building moraCorium if we can2t get the wastewater treatment plant issue resolvcd, and
whcre he asked AVVC to help in that resolution; he participated in the Spol:ane Traiisit Authority (STA)
Board meeting where his motion was accepted to start the prelim'►nary planning for bus rapid transit, as
the Board agreed this is the more sensible routc to go as it is less cxpensive and more ilexible than light
rail; and he attended the Fnal Cammunity Trade ancl T'..conomic Development (CTEJa) meeting on climate
change. I-Ie mentionecl he attended the 911 Bnard meetin- this morning ancl reported lhat progress is
being made to update to the 911 communication system, and it is anlicipated hawing Crime Check
operational around the first of the year. He said he also attencled a few Greater Spokane, lnc. events such
as a luncheon where they discussed employment of the handicapped.
Vlayor Munson asked Council for their preference on awinter retreat as it has been determined that die
January 10 date will not fit with all schedules; and suggested Councilmembers lnok at their calendars for
a possible wee4: nighi meeting of perhaps 5:00 p.m. to 9:00 p.m., or even holcl nvo meetings if needed.
Frnm brief cnuncil diseussion, it anpearecl khat aWednesday night is the least preferred night to hold suc.h
retreat; but it was decided a date would be tleterminetl later. Council also cliscussed the procedure of the
SAKP (Sprague Appleway KevitAlizatien Plan) discussions, in order to have more focused deliberation;
and it was suggested not having as many items on the aaenda so that more time could be spent on SARP ;
discussions; to analyze parcels with accnmpanying comments; to perhaps focus on "chunks" of pages at a
time or systematically move through the document front-to-back; oCthe desire to have specific goals and
to act upon [hose goals and move on; and of the nced to prioritiz.e these discussions to hold thcm earlier
on the agenda fnr a specifed time period, then move on to other agenda items. Mayor Munson said Iie
will mcet with stafftn discuss the needed procedures to accomplish dlese suggestions.
PUBLIC CONIlViENTS: Mflyor Munson invited getieral public cominent.
Ed ulertens, 1310 l' Pierce Road: Mr. Mertens eead his statement concemino a four-way stop sign at
Bqone and NOrth 1'icrce Road as an appeal to the City Traffic Engineer's declinalion of Jul}' 25, 2008.
Mr. Meitens' statement includecl inention of a serious accident hc was involved in a bloek away from his
home on Decembcr 26, 2007; he mentioned he had about 2$ homeowmers sign a petition to have the four-
way stop sign put in piace; and said he was not plcased with the response, from Inga Note concerning this
issue, and he read Ms. Note's resnonse to him of July 25, 2008 of why the CiCy would not install the four-
way stop sign. Ivir. Mertens said the corner is clangerous; said his plea is accuraCe and it better happen as
he has olher ways to go if nceded.
Jack Moad, 206 N Sunderland: also spoke to the issue of wanting a four-way stop si;n at F3oone ancl
North Pierce ancl said it is difficulC to see people coming west on Baone; and going the other way he said
he tries to avoid it when possible; but said that something needs to be done.
Ph,yllis Lehr, 823 N Pierce: she also spoke to this issue and said the area is a terrible intersection, is
danaerous; Chere is a church on one sicle, a through-street on the other, ancl coming down the hill; people
slicle right into them; and she hopes for a four-way stop. .
~
Cotuicil Rcgulflr Mceting: 10-28-08 1'agc 2 oC 1 I
Appruved by Cuuncil:
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Councilmember Gnthmann requested that the staff traffic folks provide traffic collision data; and Ma}ror
Munson said the procedure is not to comment on requests as many times those requests require research,
and he said Council will ask staff to look into this and report back to the people and to Council.
Jack Bean 11717 E 25" Avenue: said he previously wrote a letter and he called Inga hbte complaining
aboul 164' Ave, Pines and Hibhway 27; that it is all one big intersection with a combination of signs,
lights, And sirteen lanes going in various directions; that there are a lot of accidents tfiere including a
scvere accident about Rvo weeks ago; he mcnlioned he was not stztisfied with Inga Note's professionalism
as he was told t:hat the intersection was studied for years; but Mr. Bezin said citizens shouldn't have to
wait ifa known interscction that is highly traveled, is hazardous.
Mayor Munson iioted thal Ms. Kimberly Rasp was in attendance, and staff provided Ms. Ra„sp the original
proclamaCion read earlier tonight. N[s. Kasp gave her apologies for being late, but said that she was stuck
in traffic•, and hc Chanked Council for their recognition of the issue of National Hunger and Homelessness
Awareness Week.
1. CONSEI~'T AGFNDA: Consists of items considered routine which are approved as a group. t1
Councilmember may remove an item from the Corisent Agenda to be eonsidered separately.
a. Approvitl of Claim Vouchers 15452 -15827 totaling $2,600,748.03
b. Payroll for pay period ending October 15, 2008: $239,407.54
c. City Hall Site Plannina Contract Amendment
It was moved by Cozincilmember Taylor, secGndetl, rnid unaninrously agreed to upprvve the consent
rrgencla..
TE,W BUSINESS:
2. Second Rcading Proposed Ordinance 0$-023 Adopting 2009 .Buclget - Ken T}hqmpson
After City Clerk Bainbridge reacl the ordinance title, it tivas movecl by Coz.rncilmember Tcrylor and
secnrrdetl !o pass Ordiiiance fJc4-023 uclopting the 2009 buclget. Finance Direetor lhompson explained
that chis is the second readinD to adopt the 2009 budget, that Council has revieNved this item for many
months, that the only change is that sales tax will be dowm about 6% for the current year, but he explained
that will likel}' nnt present a problem as there are reserves built into the budgct. Mayor tiiunson inviced
public comment; no commenCs were offered. Yote by Acclumation: Iri Favor.• Uncminrous. Opposed:
Nnrre. Absteritions: 1Vone. iVntion ctrrried. Ma}ror Munson and several Councilmembcrs expressed
appreciation to staff and the finance departrnent for presenting a balanced budget, particularly in thcse
tough eaonomic times; adding that Couneil and stnff have planned ahead for rt number of ye<irs for a
possible economic doNvnturn, Uy adding funds in reserve accounCS, that this takes a lot of plannina alonn
with prudent spending in order to keep our services at appropriate levels.
1'UBLIC CQNiW~,NTS: Ivlayor Munson i.nvited general public comments; no comments Nvere offerecl.
ADMn'ISIRATIVC RE PORTS:
Ilents tivere discus,sed in the c>rtler sJtou.n, in order tu give Commissianer Mielke, who ivas not present c'r1
the tirne $ut uttenclirig a hearing elsewhere, an opportirrairy of possibly commenting an the TMIaJ...
4. STA Bus Service - Steve 131aska, Director of Opcrations
Mr. Steve B19ska, Director of Operations for Spokane Transil., explained he was asked to present STA's
decision concerning not having bus service cvhile the Barker Road Bridge is undergning cqiistruction. Per
his 1'owerPoint presentation, Mr. Blaska erplained that $TA coordinates with local jurisdictions in the
construction planning process in order to access impact Arid devclop options; ancl after showinS the area
concerned via his map, he explained that the route itself is not affected and there is no re-routing option;
Chat there have been low boardings at that arca lotaling fourteen riders per day; that the option of hav'►ng a
Couneil Rcgular Mectins: 10-28-08 Pagc 3 of 1 l
Appmved by Couneil: •
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special shuttle route or declicated vehicle would nec.essitate one to hvo operators per day at a cost of
,
$125,000 for a weekday split peal:; and having that rnute would necessitate having a paratransit service as
well, which led to the conclusion that the high cost with the low public benefit does not justify the use of the re.sources needed to aecommodate that area. In response to questions from Councilmembcr Iaempsey
concerning the recently enacted ballot issue, Mr. Blaska eYplained that voters passed that initiative which
was to sustain the current level of funcling; and to move funding lo this area w•ould tnean taking the need
from elsewhere, ana would therefore result in a zero-sum gain. Mayor Ibiuiison and Council tllanketl Vtr.
Blaska for his presentalion, and Councilmember Schimmels added his thanks as well; and said that he
sees six to eighl people walking in and out of the industrial area going east daily, and said he feels Mr.
Blaska's figures are justifiable, and he understands the cost.
3. TMIaL ReporC-Neil ICerstcn/Bnice Rawls
Spokane County Utilities Director Bruce Rawls ertended his apolooies that Commissioner vlielke could
not be in attendance as he is attending a public hearing regarding use of conversations fiiture's ta.r money
for purcha5e of the YMCA downtp-vvn; which is apparentty running long. Mr. Rawls then explained that
T'MDL is an acronym for Total MaYimu►n Daily Load, and really means Spokane River Clean up Plan;
and saicl that as Yogi Berra onae said: "1'rediclions are very hard to make, espeeially when they apply to
the firture."
Iv1r. Rawls then explained the following: approximately ten years ago, the Spokane River was listed as
impaired for dissolved oxygen; whieh launched a River clean up plan'through the Department of F:,cology
(llOE), which gave their canclusion that the thcre were excessivc nutrients such as phosphorus and
nitragen; that the DOE condueted a scienkifie rnodel anci a study wfiich commeneed in 199$ with the first
version completed in 2004. "1'he clisc}largers, those who discharge into the Spokane River, including City
of Spokane; Spokanc County; Libcrty Lake, Inland Empire Paper, Kaiser Aluminum, Post ralls, Hayclen, ,
and city af Coeur d'Alene, were all eonecrned about that and undertook an alternative study eallecl a"Use Attainabiliry Analysis" (UAA) which dealt with discovering the basis for the clean up plan, and ro ~
detennine whal it is we are trying to protect; and submiltecl that to DOE late 2004. The result of that was
that 1D0E withdrew lheir draft .TMDL. report and the Dischargers withdrew tlie Ut1t1, and everyone p►Illeci
together ro collaborate. The rnvironmental Protection Aaency (EPA) was involved in that coUaboration
beginning January 2005; and ziIthough the collqboration was expected to be accnmplishcd in ninety days,
it wasn't complcted until June 2006. In the meantime, discussion was held on performing a collaborative
watershed-wide approach to include ldaho and Washingtan. ln late 2005, the EPA announced they wen;
going to issue separate permits for the ldaho side regardlass of how Washington's side cleanup wa,.~
accomplished; and the EPA saicl ehe}' felt justified in doing so. At that lime, the Sien-a Club, the
Taischargers ancl the State of VVashington all objected to that apnroacll ss they felt all pollutants should be
examined including those discharged into the watershed from Idaho ancl Washington; but El'A persisted
and the group fnally relcnted to that persistence. In June 2006, a plan was formecf called a roundational
Concepts Plan, which providecl a nath forward lo at least clean up tFic River on the Washington side. On
that basis, Spokane Caunty proceeded with a facility plan to build a new treatment plant, examined how
to meet the requirements for the nutrients into the river; got approval, purchasect a site for the plant,
rec.eived $73 million dollars of SRF loans from the State, and proceed through the process to hire a
company under the dcsign-built operate approaeh. A firm was selected July 8, 2008 and began
negotiations. In June of this year, the Serra Club wrote a letter tn the EPA in which they objecled to tlle
EPA's approach to issuing separate permits on the Idaho side, with the e,ssence nf the argument that
Washington law allows 0.2 milligrams per liter of impact to Nyater quality, but it doesn't specify if it is
aeross the state linc or not. The Sierra Club said that the EPA is allo„ling the same load on llie Tdaho side
as allowed on the 1Uashington side bul the Cle,an Water Act does not allow for cluplicating the load; which
means only ane load is allowed, ancl not nvo plus two. The EE'A wenl back to Washineton, D.C. to
t3elibcrate and ultimately in early September clecided that their decision three years earlier was flawed; and t}iey issued a statement Septembe.r 26, 2008 stating that the previous decision was flawed and they -Council Regular Jk4eeting: 10-28-08 Pagc 4 nf I I
Approvcd by Couneil:
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were going to revcrsc that decision and that die TMT)L needed to be re-done with one computer model
that considers the entire water shed, which is what we wanteci January 2005.
`
Mr. Rawls further explained that in September, the EPA did not give a clear path forward; as thcy said
they were going to re-do the decision and stated it caoulcl likely take six to hvelve months. The
Discharger group wrote a letter askinD Cor a clearer explanation and plan for how the EPA ancl DOE
would proceed, as there is much at stalce and hundreds of millinns of dollars. Wc have learned that the
DOE model provided 0.2 milligrams of impact to water in Washinaton, and the EPA model addcd
another IS; so that is how far over the limit we are; and he explained that EPA and DOE nce.d to revise
the scienli.fe mndel, lower the allowable loads for the Icla}to dischargers; look at thinas referred ro as
"non-poinY' sources; such as stormNvater ruiioff, fertilicers, agricultural practices, septic wnks; to see if
that load can be further reduced to reach the limits. Although the indication is siY to nvelve montlis to
accomplish this, Ivlr. ltawls said he feels this will more likely t:ake at least twice that long, based on t:heir
histoeical progress, the complexity of issues, and number of involved players. Meanwhile, regarding
Spnkane County's new wastewater treatment nlant, which is prnposed to serve the Valley, negotiations
have been completcd on a draft service agqeement with CM2M Will; the County adopted a hearing notice
for November 18, and under state law a hearing is reyuired on the draft service agrecmenl; they anticipate
sionin~ [hat contraet i.n December, a.nd they would complete construction of the new plant at the end of
2011, and have it opeiational Jvnuvy 2012. In answcr lo a question some might pose of why move
forward with a very expensive trealment plant not l:nowing the TMDL outcome, Mr. Rawls said that they
think that a membrane-f lter trealment is going to be a part of the solution regardless of the TMDL
outcome; it is suitable for river discharge, for aquifer recharge, for water that would go to awetland
restoration project, and for irrigation of golf courses, sn IVl.r. Rawls said they fecl this is the right solution
and it is an adaptable solutinn. However, he said there is a risk that once 2011 arrives and if the TMDI., is
not re.solvetl, we cotilci not get a permit to operate; and the risk wpuld be mothballing the treatment plant
for a time and perhaps do modifications for an ultimate resolueion. The cost to carry the debt and pay for
- mothballing the plant is roughly the same cost as the inflation cost of delaying the treatment plant. 1f the
decision was made now to withdraw and not sign a conCrcict and come back later and start the prncess
over; the monthly cest of inilation is roughly $400;000, which is rotighly the same cost to carry debt
service and mothball the plant. Nir. R.a4vls said he believes the plant should bc built ancl we should
proceed on a varieey of options fnr disposal of effluent once we gct to thaC point.
Regarding capacity and whether a moratorium might be forthcoming; Mr. Rawls saicl that this is the
sccond reason evhy he feels we shoulcl praeeed with the treannent plant. Tt Cakes approximately tliree or
four years from the time to start until aplant is opcrational. nlr. Rawls said he performs trend analysis
lbout every diree to six montils on how wc arc cfoinD with our remnining capacity; that wc currently have
about 1.6 to 1.8 million gallons per day of unused treatment plant capacity; thal our increase in flows has
ctiminished ciue to the economy forcing less new homes thercby resulling in substantially less growth; in
2004 mandatory sewer connections on the septic were no longer enforced until the plant cnuld be
completed; so the growth rate_ has gradually tapered off. On the current growth rate, Mr. Itawls said he
predicts we will hit the ten million gallon limit in approximately 2014 if there is no change in the
economy which would increase the grotivth raie, and if Lhere are no new large customcrs such as a
Nrocessor or industry needing a lot of capacity. If, all the septic tanks were suddenly conneetecl, xnci if'aII
subcfivisions cunently vestecl or approved had to be served, the flow eommitted to would amount to
eleven million gallons, and we own ten. If we did not proceed with this treaCment plant now be.cause of
the uncertairity, Mr. Rawls said hc would recommend to the elected officials that we have a moratorium,
as the risk starts of eventually having signifieant liability. The liability comes ahout when you approve a
plat, and if you don't have capacity, there is potential liability to developers who would expect such
capacity to be provided. Mr. Rawls said he remains cautinusly optimistic this whole thing will be
completed without the need for a moratorium. The treatment plant proposed to be built is the most
sophisticated treatment plant in the United States, with the most stringcnt limits; it ~vnuld remove over
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90% of the current nutrient load that is coing into the Spokane River; as once the plant is campleted, it
would remove 99% of the phosphorus that comes in; and the discharge would be fifty parts per billion;
wliich means if there were f fty billion balls, fifly of lhem wrould be phosphorous. Nlr. Kawls said that the UAA could da rivo things: look at the existing and obtainable uses in the river,
which means what kincl of fish are there or what E:inc1 of fish could bc there for the habitat currently in
place; then set water standards which are protective of lhose uses; and the other approach is that it could
sel a site specifie criteria which could be different from the sta/e-wide criteria wc are currently operating
under. iMr. Rawls said the challenge of doing a UAA is it is very eomplex with numerous variables, and
it takes a long time to perform; and mighl not be accepted by DOE; and if the UAA were to be brought
back out, it wrould likely necd substantial revision, vlr. Rawls mentioned lhat James Bellatty, Section
Manager of the DO£'s Water Quality 1'rogram is in attendance tonight to answer questions.
Councilmember Taylor askcd about plant capaciry and if there are any plans to ration the space andlor set
priorities for the remaining space; and Mr. 12aw1s answered thaC that issue has nnt been cliscussed; that
policy and practice has always been that if theee is capaeity, they would provicle service to everyone who
needs service within the Urban Gro«th boundary; but said a prioritization schedule or system has not
beeo considered. CoLincilrnember '1"tiylor then asked if the County is currently providing capacil`y or
transferenee capaaity for the Jriuerty Lake Sewer and WatEr District because of the troubles they are
experiencing in thcir plant expansion; and Ivlr. Rawls replied no; iind said he believes Mr. Taylor is
referring to an interloGal agreement which was executecl pcrhaps 199=1 that saicl that shoald they neetl
capacity, they would be able to connect intn the County system; but Mr. Rawls said when hc saw this
issue beginning to appear around 2001 or 2002, he wrote them a letter seven or eighl years ago telling
thcm there woultl bc no capacily for them. Councilmember Taylor further mentioned that most of the
funds that have been allocated towiird sewering Spokane Valley have primarily bcen for the purpose of
septic tank elimination, and Co get the nutrients out of the grounclwatcr by comiecting the houses with _
sepl'ic tanks, to sewer; and he asked if that would be a possible prioritizittion ratlier than going into
curre.ntly undeveloped areas. Iv1r. Ravds said he hcsitated to answer that as it is more of a policy decision,
t►nd hc wrould be €lad co pass those coneerns to Com.missioner Mielke. Councilmembcr Taylor continuecl
that we want to ensure that the City's growth is not shut off at the eapense of someone else; anc1 if there is
no more capacily, cvcryone will be vying for what IitUe c.apacity remains.
iMr. ftawls said that at Spokanc County, they have had no discussions on how to implement a morat4rium,
or what order the flreas woulcl be seived, i.e. cqunty first or cities first; but Mr. Rawls saicl t-hey feel tkley
will have a solution; and t:here will be places to go widi the extra eFFlucnt in the future. However, if
challe.nges continue, and if delays cnntinue, and if a permit would not be forehcomina, Mr. Rawls said
that even a.s a plant is being built, a decision eould also be renclered wbether to havre a moratorium. `7r.
Rawls said regarding the STEP (septic taiik elimination program), wllen they switched from mandatnry
connection to voluntary in 2004, dhey have seen a fairly dramatie decrease in changing out of the septic
tank system= wit}i only aboul 25% to 30% of lhose households voluntarily rnoving fonvard to scwer
eonnections. Mayor Munson asked about the availability of CDBG (Community Developiment Black
Grirnt-) Punds to help with aonnectians, and Mr. Rawls said lhat those funds are available depending on
household income, and in some cases it helps pay for the mainline connection in the street, and in other
cases helps pay the home connection; and t'or thase people, Ivlr. R.awls said they recommend not waiting
but gctting connecced while the funds are eligible in that neighborhood; as these funds are only available
for a limited time period.
Regarding meeCing the standartls of river discharge, Mayor Munson said that today's technology dnes not
meet the standards, which makes one consitler if the standards shnulcl be changed, or shut down specific
areas; ancl hc asked abnut the possibility Erom DOI?'s perspective, of gaining the required momentum to
gct those standarcls changed. Mr. Jim 13ellatty responded that changing the sYanclards is a difficult if not ,
impossible task; and said D0E has been told that vy the EE'A, which is the agency that reviews and
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approves I70E's proposed changes; that that road is a bumpy one with slim possibility for change; that
dhere we.re numerous conversations with the EPA and there was no aareement if the proposal would make
ii:, which is the point where the DOE clecided to pull back and try some[hing different. Vlayor Nl.unson
said that the EPA alearly stated in a previous presentation, that the stanclards aclopted by Washington
State are not attainable with current technology; and they recommended going with the UAA as an
alternative; which is simply another way af suggesting the standards bc re-visited; and he asked since the
standard is ou.rs, why can't we change it. Mr. Bellatty said the door is still open on the UAA procedurc;
and said when they went through the foundational concepts exercise referenced earlier by NIr. Itawis, they
agreed if all the necessary steps are taken to achieve the standard, and we still can't meet it, that is when
they would be willina to entertain the UAA approach; and said it is not on the frst ycar of the tcn-year
compliance program, but is more toward the end of that period; and that DOE wants to do everything
possible to reduce the pollution load to the river befnre going the UAA proccciure; and the dctails are
beino workcd out now among the interagcncy group of EPA, DOE, State of Idaho, and the Spokane
Tribe. Mayor Munson added that there is a signii'ic;ant time limitation, that thcrc have already been four
yea.rs of negotiatiotis and we cannot afPorcl waiting another four years. Me. Bellatty agreed; and said his
best gucss a.s to how much morc t'tme it will require according to his stafFs report, is lhey feel by the end
of 2009 they shnulcl be able to have a new and improvecl water quality improvcment proposal that can be
submittcd to FPA; and that we havc to figure out a way to meet the standard.
Mayor Munson reiterated his question if the technology does not exist, how does one get there? N1r.
13ellarty said the technolagy can get us a long way down the road, and they believe there are other
complimentary ways of aceomplishing that same thing; and one of the concepts they carnE up wieh during
collaboration was the delta eliminalion coneept, Nvhereby if you can't get to meeting the stringent
standards; are there othcr ways to get pollution aut of the rivcr; which is where they are naw in trying to
determine how tA find other sources, account for them, and remove them from the river tn make up the
difference; and he said his agency is open to input and suggestions. Mr. Bellatty said they now have a
~ bi * Ter group to work with including the Statc of Idaho, Spokane Tribe, and the El'A; Nvitii the boal aIso of
getting all those involved updated on the progress and issues to datc; and said the immediate goal is to get
eo the implementation stage of all tbis planning, and to get there as soon as possible. Councilmember
Taylor asked wllo sets the sfandards for water quality, and Mr. Bellatty responded that the DOE does the
legNvork for the seicnce that puts packages of lhis information togethcr, but ultimately the legislature
approvc.s the standards. i~fr. Rawls added that the water quality standards are prepared by the DOF but
the iiltimate approval is by the EI'A; and the ST.ate of Washington on their water quality standards had a
large challenge getiing the FPA to approve those the Iast go-arountl. V1r. Rativls added that EPA has
written a guiclance rnanual for how to clo a UtIA, in their policy their encourage UAA, but there are some
staff in Region °I'en, which is our re?ion, whA arc; not very receptive to UAA; and said in the past they
have tried to resolve lhis problem as mostly a science problem, ancl if as a group they decide to move
forward with the UAA, ehen he feels it should also be treated as a political problem because il is apolicy
issue as well as a scientific issue.
Deputy ibtayor Denenny asked if awetland were discovered in which the problems of low wacer Flow
were wrorkecl out, what would be the cost involved? Mr. RaNvls said they are laoking at Saltese FIats, had
a meeting a few weeks ago, it is 340 to 500 acres, they performed a reclaimed water sttidy which is on the
County's website; and they are doing a study now to quantify the benefit to the low flows into the
Spokane River, and they will be modeling that; and regarding cost, the current estimate for the treatment
plant and t-he pump stations and pipelines is S 170 million; and in order to dispose of the efTluent at Saltese
Flats, that is an estimated additional $40 million; which would mean a cost of over $200 million to get
eight million gallons a day of treatment capacity; and the cost of doing such six years ago was $73.4
million, or $100 including die pump stations so the price has doubled; and the reasnns for that incrcase is
due to large cnnstruction inflation during the last few years on tre.atment plants; and the technology has
- become more stringent under this river clean up plan. Mr. Itawls said the Councy has not studied hoNv
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muc.h the extra $40 million would cost citiz.ens, but said they will bring their rate consultant baak within
the next rnro to three months; and said when they received the bid from CI-12M 1=lill, the bid substantially
excseded the previous cstimate; so a new rate analysis neecls to be determined on that new bid; wld without going to Saltese rlats, the rate structure will nced revision just to build the project; and if a
pipeline ha.,s to be built to Saltese Flats and improve that area, it would be another increment higher. Mr.
Rawls added that one could take a scientifc apprpach on UAA, and can also take an affordability
approach; ar►ci if the threshAld is eYeeeded by 2% of the median household income for water, sewer and
garbagc, then ynu may have some relief from the technology requirements; and have also discussed doina
an ecnnomic analysis for hardship, and said they may be getting close to thaC. `lr}ien the County did their
facilities plan, Me. RawIs said they looked at delta elimination; and the County is doing a STEP, and each
tank eliminated reduces phosphorus loading i.nto the aquifer, and said they were fortunate to come up with
a robust delta elimination; so they know where theirs will be, but added that the City of Spokane and
Liberty Lake and all the odier dischArgers do not have a S1'EP; and it Would be millions and millions of
dollars for the City of Spokane; perhaps hundreds of millions; so it is not about «fiether nne can build the
treal'ment plant and get good technology, bul Nvhere do you get the delta el'►minacion to get down to that
low skandard; and saicl he does not know if that will be achievable by some dischargers.
City Manager Nfercier asl:ed Mr. Rawls if he anticipates that the Cotmty will sian a contract for the
construetion of the new plant prior to the rate consultant's analysis or impact; and Mr. Rawls said he does.
Mr. ulercier also asl:ed .vhen is the projccted complelion date for the STFP, and Mr. Rawls responded
thal it is hoped Io accomplish such in 2011 or 2012; and that there is a meeting tornorrow <vith the
financial advisor regarding bonding, bank loans, and funding issues; and said t:herc are several economic
issues present now which were not pre.sent four months ago. Mr. Mercier also asked about plant
construction fnancing; iP the County siGns a contract in December, w•hen would a bond activity be
requireci to acquire funds rlecessary to pay for construetion costs? Iv1r. Rawls said he would likcly have a
bctter answer at noon tomorro«< after they meet wiUi their fiiiancial advisor, that the initial idea four
months ago was to take out interim bank financing; then have one large bond issue toward the end of the .
project; and added dlat he is not motivated to sign a contract for S 140 million just to discover later of the
inabiliry, to borro,.v funds to build.
Mayoe Munson asked ii= vlr. R.awls woultl share with the commissioners, Mr. Munson's personal opinion;
in that he feels we are headed for a recession, and if we are forced to have a building moratorium, this
area would not be in a recession, Uut rathcr a depression, and one wfly out of a recession is to Uuild ynur
way out; bul if that is impossible, we would lose many developers who would Simply develop elsewhere;
,incl he said w•e want to work wilh eveiyone, including the DOF, to enstu•e this does not happen. Mr.
Rawls said he is not recommending a morfltorium, but said he woulcl be rerniss if he dicl not. advise the
policymakers of all factors which could come into play; ancl if we get to the point where it appears we
will not get a permit or we actually do not get one, then we would be facing a moratorium; or come up
with an alternative solution to move this issue fonvard, and perhaps by even engaging the Govcrnor; and
dhat this nEeds to be handlcd now as a policy issue. Mr. M..crcier asked iF there is a possibility where we
could come to apoint wherc it is unlikely we will be able to open a plant, and he conceming the
remaining capacity, he encouraged Mr. R3wls to work wilh the County Commissioners to start thi.nking
about how to stretch that capacity by prioritizing use; and said that if Chat work is not underlaken naw, we
will all be caught by surprise should the notiice coine that we cannot build; which Nvould then create a
crisis ta preserve even thinner reserves. Mayor Munson and Councilmembers thanl:cd Mr. Itawls and Mr.
I.iellatty for eoming tonight to address this itnportant issue.
5. Fcc Resolution Amendments - T:e►i Thompson
Finance Director Thompson explained thal the draft resolution shows suggested changes; that most
changes are moving the items within the resolution from one place to another; that departments continue ,
to review the changes; and that staff continues fo work on comparative fgures showing our fees i
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~ compared with Spokaiie County and the City of Spokane, and will also flag which fees have changed over
the I~st five years; and will bring that information at the neat iteration of this resalulion. Kegarding the
- cost of Iiving incre_ase, lleputy iVlayor Denenny said he would bc willing to look at that increase on those
items which have not changed over the last few years; Mayor Munson stated his preference to cover costs
if fees are nnt meeting costs, but was not in favor of raising all fccs. Mr. Thompson brought council
attention to his PowerPoint where it shows the averagc fee increases i.n other cities, and that our
dcpartments which provide the services, in the las[ three years, our costs in those departments has
inereased 16% per year; so an overall 10% increase wrould stili be prudent. Councilmember Taylor also
stated his preference not to have a cost of living fee increase as these costs are examined annually; that
cach fee should be tcsted pn its own merits; and as we move into a recession, he said now is not the time
to have a general fee inerease; and state_d regarding the pre-application meeting fee, as the rnecting is sct
to help streamline the process and ward off potential problems, that he feels the manclatory meeting
should not be accompanied by a fee. The Fire Cocle fees cvere also mentioned and Mr. Thompson
explained tliat these figures, which represent a 10% increase to cover costs, are supplied by the Fire
District; that the fees go to the fire district and the City receives a$35.00 fee each time a fee is eharaed as
we handle the fee Eor the fire district. Councilmember Gothmann mentioned something ro keep in mind is
that rather than raise fees substantially in fiiture years to catch up on rising costs, it migtit be hetter to
iiiitiate a small fe.e increase now instead of a more substantial fee later.
6. Universal Playground Site ltecommendation - Mike Stone
Parks and Recreation Director Sto»e went through his PowerPoint prescntation, he erplained the purpose
of a Universal 1'laybround, explainecl about the stakeholder meetin„s, and as per the information on the
October 28, 2008 Request foe Council Action form, went over the pros anc! cons of the site options
including site criteria; expl3ined that the sice options are; (1) lncated at the most southern end of vlirabeau
site jusC soulh of the cxisting CenterPlace parl:ing lot (2) site of the original MaseerPlan Locatinn; and (3)
~ on the north end of the site at 1Vii.rabeau lvleadows I'ark; adjacent to the restrooms, near the stage and
`parking area. Mr. Stone also said a survey needs to be initiated prior to winter, and the data needs to be
available in order to complete the desigm and construction over the winter in order to stay on schedule and
have the park c.onstructed by fall. Based on feedback received, the design team cictermined that option 2
was not sufficient for the new P1aygro4intl as it is narrow, has insufficient parking; areas of extreme
grades, and is adjacent to a busy road; hence option hvo was removed as a potential site; and the f nal
group consensus was to bring a recorn►nendation of option 1 as the preterred site as it is adjacent to
adequate parl:ing, has a size which allows for expansinn, Ca111 be done in phases, the Iocation will
complete ancl enhance the CenterPlace laridscaping, will bc visible to Kttract users, and more observable
foe security, and will help market CenterPlace. After brief discussion, there was Council consensus t.o
proceecl with Optio» 1: the soutli side location.
Mayor vlunson called for a recess at 8:02 p.m. and reconvened the meeting at 8:17 p.m.
llEL1BEi2ATtO1V :
7 Spray-iae/Applewav Revitali-r.ation Plan ]3ook T[[ Citv Aclions - Scott iCuhta
Com►nunity Development I7irector iVlcClung stated that she appreciates Council's discussions on ways to
enhanc.e Plan deliberation as staff has also pondered this issue; and that every scssion staff would like to
begin with a brief writ[cn summary of what was accomplished anc1 discussed during the previous
cleliberations; and said that she will take notes during the meetings so council can reaclily see the issues
aareed upon, as well as those issues which need further information or clarifiaation. Ms. McClung said
last time, Council discussed nonconforming issues; and at the next meeting where the Plan is discussed,
staff will bri.ng examples of applying nonconfonnance to specific properties as well as examples of what
olher cities cio with nonconforming issues. Ms. McClung continued by explainino that tonight's goal is to
make a decision concerning the one-way/hwo-way issue, and if such decision can be reached tonight, this
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~
%vIll g~~ '~e staff a tremendous advantage as they work lo adjust the plan in accordance with whatever I,
decision is made.
Scnior Planner Kuhta went through a brief PowerPoint whieh reviewed the overall transportation policies l
in the comprehensive plan as he explained that the Subarea PI3[1 must be consistent with the I
comprehensive plan; then he nioveci to the couneil approved Subarea Plan intent staternents on
transportation; he also mentioned the one revitalization strategy relative to the transportation issues,
which is to "implemenC phased transportation, desigm street scape improvements to en.hance mobiliry and
access for motorists; bicyclists, and pedestrians, and in keeping with aity and regional groNvth, while
simulkaneously supporting the land use and development pattern necessary to the upgrading of properties
as cnvisioned by the Subarea Plan." Mr. Kuhta went over the four alternatives for transportalion along
the corridor, projecCing nut to the year 2030, all as seen in the transportiilion analysis report preparcd by
Gladding Jackson, and added that the growth numbcrs do not take into consideration any inareasecl
percentage in ridership, adding further that the number of vehicle miles travelecl in the United States
clroppecl four billion miles in August of this year compared to August of last year, and that the options
are: (1) the no-build, (2) fiill, one-way couplct extensip», (3) the hybrid where the road transitions from
one-way to nvo-way at i7ishman-Mica (or thereabouts); and (4) a full two-way cross street, which is the
recommended system. Mr. Kuhta further explaineci that the heaviest part of the cammute woulcl be from
Thierman to V(ulla.n, and he discusscd the various levels of service based on the different options; and
saicl that the hybrid option is one-way to Dishman-Mica, and somewhere along therc, will be a transition
to twro-way, with the Thierman ta Mullan reniaining one-way. vlayor Munson said that the numbers
discussed in locating ciry center, aren't the same as the numbers displayed tonight; and in lookinb at
traffic flow on Appleway, we were fguring 1500 cars, which equates more taward the Appleway that
precedes the City Center; and he asked far clarifcation on the numbers. Public 1Vorks I7irector Kersten
said dhal the numbers are trips that enter on the west side and move all the way through; in lookino at the
far side there are only twenty trips, so the 1940 t.rips tliat enter at I-90, only hventy of'them go all the Nvay
through the system; but there are many rnore than riventy at the other site, so it does not account for all the
other trips, and most trips don't go clear across the corridor but mther come up University, go dnwn
Sprague, heacl up Pines, so they are intermittent lrips that catch the system, and this cloes not clisplay the
amount of traffic on the streets at one tirne, bul is the amount of time that moves all the way through the
svstEm.
Cowicilmember Wilhite said in relation to which option to clloose, that she spoke witli several au[o row
new car dealers, and Jeremko is both on the corner of Thierman and Sprague and the owncr indicated he
has acccss from hvo areas and thercfore has no objection to remaining one-way; that the owner of the
Handa Dealership has no preference; but dhe one most landlocked is the Hyundai Dealer, and that his top
choice woulci be one-way/hwo-way, but he sees some advantages whcn the area is signified as an auta-
row gateNvay, and if we werc to come with a plan co Iielp bring some attention to that area, he thought it
woulcl be a benefrt for him and he would not strenuously objeet if the iLrea remained one-way. Mr. Kuht€t
concurred that wa.S the same I:estimony given during lhe Planning Commission public hearings, and diat
the Hyunclai pwner said that one-way or hvo-way doesn't matter a.s it is a destinltion; and said he felt the
plan was vision3ry, and if you like Sprsgue the way it is then don't do anything. Mr. Kuhta stressed that
of the total $42 million eost, $24 million is the Appleway ExtensiQn. There was also brief discussion
concerning costs, including the possibility of acquiring state funds through grants. Mr. Worley also
explained that concerning the lane changes, sidewalks and greenspace, the tNvro-way option or the hybrid
option include the niirrowing vf Sprague Avcnue; so instead of the eurrent sevcn lanes, the curb would be
brought in towards the centcr to create five lanes; and the area beriveen the eYisting curb and the new curb
would be that landscape area estimated in the plan in terms pf streeLscape; and said that sidewalks will be
larger, that the cuIrent sidewalks on Sprague are si►b-standard, so any improvements would at least bring
those sidewalks up to stanclard, which is a six-foot wide sidewalk; and said while lhere are bike lanes
planned for Applcway, there are nonE for Sprague as wc ran out of room in trying to keep the sidewalks
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and landscape on that section. Mr. Kuhta mentioned ttie plan is for east/west bikc lane.s on both sides of
Appleway; and sidewalk wict[h is clependent upon which zone in which is rests. Mr. Worley also braught:
up about tMe corridor level of service, and if it included t.he intersection level of service; and that there are
two ways Af determining level of service: one is the intersection and how well it operates and how much
delay there is in any directinn at chat intersection; and the corridor is from one enci to the other, which
includes the delay at every intersection. Mr. Worley added that concerning the idea that there is one-way
all the way to Mullan, that the hybrid system on Sprague betvveen Argpnne and Mullsn is a hvo-way
street; and provides an opportunity for people eoming south on Aroonne to turn left onto Sprague and not
have to go all the way to Appleway and then cross back over.
Mayor Vlunson suggested, sinee we have no inclication we will oet access to Appleway, that issue should
be addresscd later; and he suggested moving fonvard with changing Sprague between Argonne and
Sullivan to rivo-ways, but not do so until dcvelopment starts at City Center; and keep the lanes at four
ways bccausc of tlie delay of getting Appleway completecl, to have Cwo lanes in eaeh direction; so to work
on the sectioii behveen Argonne tind University an(l chan-e that to h~ro-ways, and have it in the plan so
when development begins, the change can be made, aiid to keep Appleway in that same section four lanes
total, with two lanes in each direction. Concerning specifically what is developmcnt at City Center,
Mayor VlLmson saicl perhaps building cit)l hall would be a start, but that would be something to be
detcrmined. Councilmember Taylor said lhat we Nvill fnish this proccss with the zoning, and once it is
enacted and develnpment occurs within thc particular zones, in teems of timing any change, it is a matter
of as soon as the plan is adopted, we would be ready Co move in that dircction oncc the funding occurs.
Deputy Mayor 17enenny asked if we don't change thase and people come in for development, hnw that
would affect applications, and how Nvould businesses decidc earess and access. iMr. Kuhtn said it you do
the development prior to turning the raads, you would have to take into account where the future curbs
would be and we would need to work with the businesses on the road clesign, curbs and sidcwalks; and if
the direction doesn't match, it would be troubling. Councilmember Gothmann suggested that the hybrid
muclel be the one to adopt as the hventy year plan for the City; and the number of lanes can be discussed
later. There was Coiuicil consensus, with no Councilmembers dissenting; to adopt Alternative Plan B-
the Hybrid Model, and only address the hvo-way on the current cnuplet beeween r1rgonne and University.
:IN1+~OKMAT.T.n1~~ OiNI,Y: The Spokane Valley 1=ire l7cpartmenl Quarterly Report and Acpartm-cnt
Reports were for infdrmat.ion only and were not reported or discussed.
ET+COTlVE SESSIO\i: It was moved by Councibnember A'ilhite, secofidecl crtrcl zrnunimously agreed
to enter into Execulrve Session for an Estimutetl thirty ririn:ites to disc:rss land acqiiisitioii, and tlrat rio
action is anticipated thereufter. Council adjourned into Executive Session at 9:02 p.m. At 9:30 p.m.
Community Development Director McClung announced that the Executive Session would be eYte►lded
for an additional ten minutes. At 9:39 p.m., Mayror Munson declared Council out of Fxecutive Sessian. •
It was tfrerl moved by Councilrnember Wilhrte, seconded, arrd inrartimously agreecl ta adjourn. The:
meeting adjourned at 9:40 p.m.
A"1'TES°1':
Richard viunson, Mayor
Christine Bainbridge; City Clerk
!
~
Council Regular Meeting: 10-28-08 Pagc l I of I 1
Approved by Council:
DRAFT
1VIINUTES
CITY OF SPQKANE VALLEY
CTI'X COUnCIL STLTllY SESSTO\T
Tuesday, November 4, 2008
Mayor Munson called the meeti.ng to order at 6:00 p.m. and welcomed everyone to the meeting.
Present:
Councilmemhcrs: Staff:
Rich v(unson; Maynr Mike Jacksoo, I7eputy City Manager
Dick 17enenny, T)eputy Mayor vlike Connelly, City Attorney
Rose Dempsey, Councilmernber Ken Thompson, Finance Dircctor
13i11 Gotlimann, Councilmember Neil Kersten, Public Works Director
Gary Schimmels, Councilmember Kathy McClung, Community Developmcnt nir.
Steve Taylor, Councilmember Mike Stone, Parks R Rec Director
Taiana Williite, Councilmemher John I•lohman, Senior Enaineer
Gloria lvlanl2, Stormwater Engineer
Lori Barlow, tlssoeiate Planner
John «'hitehead, Hft Ivlanager
Greg McCormick, Planning Manager
Henry Allen; Development Fngineer
Morgan Kouclelka, Sr. Administratiwe Analyst
John Pietro, Administrative Analyst
17an Domrese, AccountandBudget Analyst
Carolbelle Branah, Public lnforniation OfFcer
Bill `!Iiller, IT Specialist
Chris Ba'►nbrictge, City Clerk
Emplovee Introductions:
Finanee Director "1'hompson intraduced new rlccountandBudget Analyst Dan Domrese, graduate of
Eastern Washington Uriiversity, who is a CPA and the father oP twins with rivins on the way. Deputy
City Manager Jacksan then introduced new tldministrative Analyst John 1'ietro, who is from Ohio, and -
who will be working with Morgan Koudelka. Cpuncil greeteci and welcorned the new employees.
ACTTON ITEMS:
1 Mation Consicleration• Tot.tl 11'Islximum Dsilv Load (TMDL) Lep_islative Aaendn - Mavor
Munson/Deputv Mavor DenennY
It wns moved by Councrlntember Tcrylor, seconded, rnTd cnianimously agreed that Coitncil add
"Consrderntion of Alell7ods to afi7rnrce'11re Spokane County rVastetivater Treatment Plair1 " to the City, of
Spokane Ycrlley's legislative agendu. Mayor Munson invited publie comment; no coinments were offerecl,
and tliere was no eouncil discussion.
REGULAIt STIJnY SESSION 1TEMS:
2 2008 Rudeet Amendments - Ken Tliompson
Finance Director Thompson explained ihal staff generally brings for[h budget ameiidments hvice a year as
needccl; and this budgel amendment is due to the harsh winter i.n early 2008 where we spent $1 millioii in
two months for snow removal. Mr. Thompson mentioned that the first reading of the nrdinanee to amend
the 2008 budget would bc brought to Council at the mid-\ovember meeting.
3 Street Vacation Request STV 02-08 - J..flri Barlow
t\ssociatc Planner Barlow explained dhe purpose of this s[reet vacation request for an unimproved section
of 5"' Avenue, and via her I'owerPoint presentation, showed the area in queslion and the abutting
properties. Ms. Barlow explained that while staff recommended denial of the requcst on the basis that the
criteria set forth in Section 22.120.030 of the Spokane Valley vlunicipal Code has not been met based
Study Ses.sion Mecting Minutes: I 1-04-08 Psgc t of 2
Approvcd by Couneil:
DRAFT
upon findings as shown, she said that the Planning Commission had no recomrnendation due to their split
vote. Upon further discussion, Uis. Barlow speculated that those Commissioners who disagreed with thc
denial, would have preferred a solution to the issuc radier then clen_y the reyuest. Per Council request, l.he minutes frocn that meeting will be providEd at the first reading of this proposed ordinance. 4 Street l)eSigu Standards and Uniform l)evelopment Code (LTDC) Recommended Chanaes - John
Hohman/Gloria Mantz
As a preview of the Street Sl:andards doeument whieh staff has been working nn for the least tNvo years;
rngineers Hohman and Ivtantz gave a I'owerPoint presentation explaining the Street Standards manual
objeetive, reasons for updating the standards and the UDC, the adoptinn schedule, the process
requirements, explanatian oF current versus the new requirement for typical improvements, and a brief
synopsis of each chapter; which ineludc traffie analysis; pliin submittal, clearing and grading, utilities,
street elements, private streets and driveways, public streets, aceess manaDcment, sight distance, traffc
calming, pavement design, inspection and certification, and maintenance responsibilities for private and
public syslems. Mr. Hohman stated that fnr the developers, the construction of improvements Would
increase the cost, but that many requirements and processes will rcmain the same, overall there is not a
substantial ehange, and added that Chis preseMation is an ariempt tq identify where and what changes staff
recommends. Councilmember Gothmann mentioned his concern «<idl the time of day tn allow
construetion, along with the censtruction's dust and noise; and Mr. Hohman said that is not addressed but
starf can researeh that issuc. Other counc•il discussion included mention that the intent of connectivity was
that neighborhaods should be connected but not necessarily every street; and brief discussion of the
difference between priva[e and public streets. CiCy Attoniey Canncll}' said thtit once. Council begins to
address policy issues, it would bc appropriate to compare standards with lhe Comprehensive Plan to
insure consisteney. CounciLmcmber'I'aylor voiced his aisappointnlent with segments of Chapter 71'ublic
Streets, concerning the requirements for pavement -.vidth, curb, type, sidetivalk; right-ofi-way and border
easements remain unchanged Por all public strcet classifcations; and Mr. Hohman indicated tjlat in his .
discussions with developers, the concern is to make surc people pzirk on the sU-eet, and added that nne of the issues with a flat curb is it becomes a juggling act for how nan-ow can you go and keep adequate
parking. Mr, i-lohman explained the detailed list qf recommenclations; and mentioned that Nlr. Kersten
would be discussing street clements in t.he near future as part of the Street MasterYlan update.
5. Advance Agenda - Mavor Niunson
Mayor Ivlunson mentioned the upcoming meeeings have been restructured as an attempt to allocate rnore
Council deliberation time for tlle Sprague Appleway Revitfllization Nlan, specifically December 2, 16, 30,
and January 6.
6. informaHon Only: The Splashdown and YMCA Aquatics iJpdate and Community Survey were for
information only and wcre not reported or discussed.
7. Council Check-in -Mavor Munson. In the inCerest of time, this was not addressecl.
8. Cih~ Manaj!er Comments - NTike Jacl:sou ln the interest of time, this was not addressed.
L•"XIECUTIVE SESSION: I1 ivas• rrloved by Council»rember Demp,sey, secofidec! und unrnrimotrsly iigreed
to ucljourn irrto e.Yeeutive session for approximutely thirh, mrnutes to discuss lund ucq:risitior7, and t6tat no
decision woirld be ►nade 1hEreufter. Council adjourned into eyecutive session at 7:25 p.m. At 7:59 p.m.;
Mayor Munson cicclared Council out of Exccutive Session, and it was rnvvetl by laeputy Mcryor Denenny,
seconded and unanimorrsly ugreed tv cr4journ. The cneeting adjourned at 8:00 p.m.
ATTEST:
Eticharc! Munson, Mayor i
Christine 13ainbridge, City Clerk
Study Session A4eeting Minutes: 11-04-0$ Pagc 2 of 2
Approvecl by Council:
CITY OF SPOKANE VALLEY
Request for City Council Action
Meeting Date: November 18, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ cAnsent ❑ old business ~ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: First Reading Ordinance 08-024, Code Compliance Amendments 7.05
GOVERidING LEGISLATION: SVMC 7.05
PREVIOUS COUNCIL ACTION TAKEN: On July 8, 2008, Council had a study session in which
it was briefed on the proposed UDC changes. The Council referred the proposal to the
Planning Commission, which held a public hearing and rec4mmended approval on September
25, 2008.
BACKGROUND: Staff constantly reviews and takes in comments regarding its Code provisions
in an effort to fix things that don't work as intended, to make the Code work better in its
application to real life situations, and to remove those provisions that our experience shows us
` are unnecessary. We have been accumulating a number of potential changes as they relate to
code compliance-related provisions, which are provided in the attachment.
The nature of the proposed changes are several. First, a definition of 'graffiti would be added,
and a prohibition on having graffiti on private property. This is part of a broader City effort to
curb and abate graffiti. Second, three types of nuisance violations would be combined into one
violation due to the similarity of the offenses to make the code easier to understand and use by
staff and the public.
OPTIONS: Request additional discussion or changes to the draft; move to advanc.e to second
reading; or suspend the rules and adopt tonight.
RECOfUIMENDED ACTION OR MOTION: I move to advance ordinance 08-024 to a second
reading.
BUDGETIFINANCIAL IMPACTS: NA
STAFF CONTACT: Mary Kate Martin, Building O#ficial; Cary Driskell, Deputy City Attorney
~ ~ ATTACHMENTS; Ordinance 08-024, amending SVMC 7.05 relating to Code Compliance.
i
! DRAFT
ClTY OF SJP OKANEE VALLE' Y
- - ' SFOKAIYE CO[NTY, NVASHfNGTON
ORDIlVAIVCE NO. 08-024
AN ORY]WANCE QF THF, CYTY QF SPOKAAT VALLEI', WASHINGTON,
A.NiF`DINC, SEC''IDNS 7.05.020 AND 7.05.040 OF THE SPOKANIF, VALLE7C
PVICTNICIPAL CO11E RELATING TO CONTROL AIYf] ABATEi1INT OF NU~SA1VCE
CONT]IT'IONS.
WECEREAS, the City of Spokane Valli~y previously fldopted Spoktwe Vfllley Municipal Code
Chapker 7.05 regulating nuisance conditions an public and pnvate property; and ,
VM]gEREAS, the existing pravisions carLtain some sections that contain verbiage na longer
consistent with City Code and procedures or are atherwise no ionger appliczLble, and require re-visions to
' ensure clari[y; and
wFEREAS, thc~ followitig change-s are consisten# with the CiVs Comprehessive Plan, and are
necessary to protect ttie h eal t}r, safety, and we lfare of the geueral public aiid the environment,
i
NO1V, THEREFORE, the City Council of the C:ity of. $pokauo Valley. Washington ordains as ~
i
b Section 1. Spok~e ~~alley ~Iuni~ipal Code. se-ction 7,03_02.0 is he-reby amended as set forth ~I
elo~, I
7.05.024I}efinifiaits.
"Abate" means to #alce whatever steps are deemed necessary by tho direc[or to ensure that the
: property complies wi#h applicable nuisance ordi nance requirernents_ Abatement may in clude,
but is not ]imited ta, rehabilitation, demolition, removal, replacemer,t or re-pair,
"C itv" means #he~ ~ity of Spokane Vatifey, NVash ington.
~ "Code contpliance. ai'Ficer" meat~s a regular or specially cornmissioned aff.icer so designated
i by the director of community develapment for the. C ity.
I "Da}rs" wi11 be couni-ed $s busiriess days when ive or fevver days are alfowed to do an ac-#
i required by this chapter, "Days" wilj be con siderod caleadar days whtn more tbwi f~ve days are
~ ai lowed to do an act required by this chapter.
"Determination of complianc~" means aw7itken Ftaternent fram t.he dir2c#or tha# evidence
exists to deterrniiie that the violation(s) has been sufficiently abated as to the nuisance
violatian(s) stated axi the voluntary compliance agreement or natiee and arder.
"Director" rneans the comtnunity deve[opment director for Spokane Valley, or his/her
designee_
"Pot►nd in vialation" means that:
1. f1 notice and order has been issued and not timei}' $ppealed;
2, A voluntaey cotnplianc~~ agreeruent has been entered inW; or 3, The- -liearing examine r ha s determiue-d that the violation has occurred and such
detcrmination has not been stayed ar reversed on appeal,
"Car2►ffiti" means. unauthonzed markin s inscri tiaus. w rds figures d' s or ther
inscri dma erial v1 ible from remi es o en t~e ~ 1i~ that have beeii ]aced u n an
ro e throuizh th~ use of aint ink d e or an + other ubstarice ca able of markin pro e,
'7-iearing examiner" means the City of Spokane Valley hearing exam3ner, as provided by
Chapter 1035 SVMC as adopted or hereafter flmended_
I
I
Ord lllaliC2 0 8-02 4, (3 rflffit1 ~~ge I of 6
t
DRAFT
°Impound," for the pLu'poses of this chaptcr, means to take and hold a vehicJe in legal ~
custody.
"Inopcrable" means incapable of being operated legally on a public highway, ineluding, but
not 1_imited to, rlot having a valid, current registration plate or eurrent certi.fiaate oFregistration.
"Junk vehicle" means a vehiele substitntially me-cting at least three of tlie following critcria:
1. Is three ycars olcl or older;
2.b- extensivcly damaged, such damaoa including but not limited to any of the
followin-: a broken window or windshield, or missing wheels, tires, motor, or transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approYimate value of the
scrap in it,
"7vlitigate" means to ttike measures, subject to City approval, to minimize 2he harmful effects
of the nuisance violation vvhere remediation is either i.mpossible or unreasonably burdensome.
"Nuisance" means the unreasonable or unlawful use by a person, of real or personal property,
or the unreasonable, indecent or unlawful personal conduct which materially interferes Lvith or
jcopardizes the hcalth, safety; prosperity, quiet enjoyment of prop£rty or welfare of otbers,
offends common decency or public morality, or obstructs or intcrferes with the free use of
public ways, placcs or bodies of water.
"Person" means any iildividual; association, partnership, corporation or legal entiey, public or
private, and the age-nts and assigns of such individual, association, partnersh.ip, corporation or
legal entity.
"Person responsible for a nuisance violation" means the pcrson Nvho caused the violation, if
that can be cietennincd, andlor the owmer, lessor, tenant or other person entitled to control, use
and/or occupancy of the property «<here the nuisance violation occu.rs.
"Ferson(s) responsible for a junk vehicle nuisance violation" means: .
l. The land o«mer where the junk vehicle is locatecl as shown on tlle last equalized
assessment roll; and
2. The last registered oNvner of the vehicle, unless the owner in the transfer of
oNviiership of the vehicle has complied wilh RCW 46.12.101; and
3. The leeal o,%vner of the vehicle.
"Remcdiate" meails to restore a site to a condition which does not pose a probable threat to
the general public health, safety or welfare.
"Vehicle," for the purposes of SVMC 7.05.040(S), includcs every device capable of bcing
moved upon a public highway and in, upon, or by which any persons or property is or may be
transported or draNvn upon a public highway, including bicycles. The term does not include
devices ot}ier than bicycles moved by human or animal power or used eYClusively upon
stationary rails or tracks; as set forth in RCW 46.04.670.
Se.ction 2. Spokane Valley Municipal Code section 7.05.040 is hereby amended as
set forth below.
7.05.040 Nuisances prohibited.
No person, firtn, or cntity shall erect, contrive, cause; continue, maintain, or pennit to exist
any public nuisances within the CiCy. Proliibitcd public nuisances include, but are not limited
to:
A. Vegetation.
1. Overhanging limbs or branches that are le•ss than cicht feet abo~~e a public wall.~~a}°
or sidewalk, or less than 14 feet above a public street. Ordinance 08-024, Graffiti Page 2 of 6
DRAFT
2. Vegetation that obstructs or hinders die use af am• public ~~alkway, sidr~~ xll:, or
meet, or thai obsWcts or obscures thc vicw of traliic or traffic control devices, pursuant tu
clear-view triangle policies sdapted hy the City.
3. Any growth of noxious waods or any toxic vegctation shall be subjec:t to Chaptcr (6-
750 w'AC as currently adopted and hemafter amendcd.
B. Buildings, Swctures, Fenccs.
l. Buildings or portions thereof «hich are deemed dangerous uur3uant tL+, the
Spokane Valley building code (curnently adopted International Propm, Mmint=tm Cale and
the International Existing Buz inQ Codc .
Rtti~►gs); provided, that such conditions or defects cxist to the extont that the life, health,
property or safety of the public or the structure's ocGUpants is endangercd.
2. Any fence ibat ohswets or abseur+e5 the view of traffie or tratlic control devices,
pursuant to cleur-view viangle policies adopted b} the City.
C. Sidewalks.
1. Any prowsion, awning. or ovrrhnng thst inhibits or ubstrucLs usc uf a public
wa1kwSV or 51cSeWallc.
2. Any object, coaswction, or dsmage thst inhibits or obstructs the surface use of a
public walkway or sidewnik.
3. Snow or ice not removed frnm a public sidewalk within a reasonable time.
4, pccumulafions of dirt or debris aot rrmoved fram e public sidewalk.
D. Unauthorized Signs. Any sign not in compliance w-ith the City's currently udopted sign
code.
E. AmmmWojM gf=W;,Fa nKy;Mles_ fumitu.rs anachinrrv.
1 Buildina and CvngructLn Ma erials. Accumulations, stacl►s, or piles af building or
construction materials Aot associated with a eurrent, in-progress project ineluding metal, wood,
wire, electrical or plumbing materials in disarray or exposed to the clemcnts on the properry.
'('his pruvision does not apply to n designated cantractar's yard, as defined in the currenely
sdopted Spoksne Yalley Zoning Code.
2 Garbag.r Recr+clables. Co=ost, atid lnfeArion~,
~.~•+~~g~ aot keg.~ in s provc~nceoteck a'ith a tight-fiteing lid.
b Accumulatt4ns of hrokoci or negleawd itams IiSICf o Y ae ma[e«a1,:_anri 11n1,
n.ot in an a4pcQvod emtosrd atvcture. in the fronL back or side yards af the propert~
~~r'r"~ .t~j~ ~ot p.~rtY ~rc~ and roaularlv_~4L
d. CTW'nQ p( nin sini}g_acCuR1UTAllOilS Of R1a=. ![1c(4ldin$ focxlsiu(1s, ltiul
hArp"r arc an tttrnciion fQr the infe"ion at' insmts or vss_rnin;.f#iling 19 liminate such
infestatiRgL oc failin& to climinat6n=ivr insrcts.
3 Furni d Apptiances.
s. All btoken or discerdcd household furniturc furnishinas or ea~inmenk or an'.
op'ances not in an enoro~~d on~losod ~luy, in the frmL sidk or back vard nf a prooettv-
b. All accesslble rcfrigqmtion app!lenres not heving the daors Ee_cur_sd 4LMrpo%-Ci>>
or alr Pnrlncum thnt Cgp m~lD ~tiiT1AA5 Of Sllttri8lS.
4. N(ac.hinM aad f.QUinment 8roken inooarable accumulafions of m parts_ ~1_f
machigcn or cauiomcnt nQt ict atM=vrd onclosod strvctwrc ~n the fr+onL back or side yird:
o t e p2e~riL This sN11qn excludes nuisanre vehicles that gv Rgutated by subsection P_of
this section
Ordinancc 08-024, Grnf1'iti I'age 3 of 6
DRAFI'
F. Fire Hazards. Staci►s or accumulations uf newspapers, derid vegetatian (excluding
properly mainteined compost piles), cardboard, or other paper, cloih, or wood products left in a
manner that could rA)se a substantial risk of combustion or the sprexd of firr.
G. Toxic or Caustic Substtinccs. Improper storiniz or keeping of nny toxic, tlammable, or
caustic substances or matcrials.
11. Smoke. SoaL or Odors. The escaping or emitting of any unnecessary• or hermful smol.c,
soot, ftunes, or gases or odors offensive or harmful to persons of ardinary sensibilities.
1. Aodies of Water.
1. Except foc Citv-approved structures reluted to stomi drainage systcros, nll scagnant,
pooled water in which mosquitoes, flies or other insccts may muluply.
The polluting of any waterway, well, or body of water not subjoct to the jurisdiction
of tlic Spokane regiooal health district.
,
, , liwp-, :tsrk-~.~--ifl
+ beek, .
, • I ~ . , that -oi
,
@f-fo!llRLe to O .
, All - NwA4ioW-Nfiilitttfe, ftimL IMt
, 4~}t-€ft~f~~•SfiJl~ 0£4Ark--w&~~~--
- _ ;x+~-~vi~~--~~~-•:+ts~~t~s~#-4~~-teitte~.~-~
~t+~,uFt-4 M- . .
~ LJ. Holes, Aits, and Lxcavatians. All uncovered holes, pits, or excavatians not marked or
guartided that are in exce$s df 10 or more inches in width at the top and four feet or more in
depth.
. .
M: ;~r~it*:i~~E?Xi'=t31ti ~'.ct't:i?E}irfi~--~-~rf~~?i~,-'rii±'~tCii:~1~-i•:~!!i~t•.:}-siiU}:~ t`r.-i~'i:}~~-t+=--!1'flt if}iC:=r
MK4t , O } 1*`-'
p~p~f?~-.-~}-~.~~_~ ~4i'~klc~i2'~°fiittitif£fit'E-~-er~'.'.i~t`t-?}u~}-1'{ti-iCwt~t~E~-E`~--j:!3~+t't~H#'r~-t*C-~~'t••
5~l~E'~ft}i
( NK. Attractive lvuisarice;. !1ti} accrssible nttractive nuisance tc~ thildren ineluding, but not
limited to, unattended machintry or equipment, unsec:ure:cl abundoned or vocant buildings, open
and unattended vehicle trunks, ar otlier ungtcarded conditions or sitastions that cuuld injure or
tmp a child.
( NL. Noise.
1_ Any noise or saund that intrudos into the property af anothor person that exceeds the
maximum petmissible noise levels as established in WAC 173-50-040, as currently adopted
nnd hereafter amended.
Oraiiiar}ce 08-01-4, (:raftici P:igc 4 of 6
DR-1 FT
2. The frequent, repetiiive or continuous sounding of any horn or sircn tittached eci n
motor vehicle, exapt as a warning of danger or as specifically prrmitted by lew.
3. The creation of frequcat, rcpedtive Qr continuous sounds in connectian with the
stcuting. operatioa, rcpair, rebuilding or testing of any motor vchicle, motorcycic, off=highway
vchiclc or intemal combustion engine within a rcsidential zane, so as to unreasonably disturb or
interfere with the pcace snd comfort of owners or possessors vf rral propcrty.
4. The noisy operation of any automobile, tnuk, motorcycle or other vehicle in such a
aQnemergency mannor to cause the squealing of tires by the rnpid accelcration of the vehicle;
the loud and centinuous grinding, thumping or grading noises from wcks or other cammcrcia]
vehicles; the engine compression noise from the utimuftled or poorty muffled compression
braking of wcks; the sound from any motar vehicle audio saund system such as tape player,
radios, and compact disc pleyers at volumes sa as to be audible greater than 50 feet fmm the
vehicle itself; and laud, ercessive engine or exhsust noise from unmuftled vehicles or vehicl.s
apcrating with inadequate muffler systems to prevent uareasonabty loud noisrs.
( PM. Du$t. Disturbing the topsoil of any land area, or pcmutting the same, by, any pcrson
a•ithout taking affirmative mea.sunes to suppress nnd minimizc the blowing and scattering of
dust so as to unreasonably disturb or interfere with the peace and comfon of owners or
passessars of real propecty. Ihis provision does nvt include permitted agricultural sctivities as
legal nonconforming uses or permiried agricultural activiiies in genera) agricultural zones.
( QN. Nuisance Premises. Any promises ar structiues allowing or maintaining prostitutiori.
lewd behavivr, undetage cansumption of alcohol, the luubciring of juvenile nmaways or wantrd
persons, or where there is the use, sale, mnnufacturing or distributing of any narcotic or
controlled suhsixnce, ur at which there i5 a pattern of criminal activit}, arc prohibitcd
nuisaaces.
~ P.O. Yard Sales. The holding or pertnitting of ayard sale on the snme rcaI pmperty more
tlian se<<en consecutivc days, or more thnn rivo consecutive weekends.
~ &P, All junk vehicles, or parts thereof, placed, stored or permitted to be locaied on private
property within the City limits arc public nuisances to bo abated as provicied in this chapter.
This chepter dces nat Appiy to:
1. A vehicle or part th@mof that is completely anclosed within a building in a lnwful
manner where it is not visible from the str+ett or othcr public or private praperty;
2. A vehiclc or part thsreof thgt is stared ar pariced in a lawful manner oo privatc
praperty in connection with the business of a licensed dismantler or licensed vehicle dealer, and
is fenced according to the provisions ar RCW 46.80.130;
3. A junk vehicle does not includo evehicle whicb is in the process of being repaired,
a.s eridenczd by the good faith efforts of the vehicle owner. This exception shall include heving
up to onc "parts" vetucle, from which parts ure being salvaged concurrent aith the repair
process for the vehicle being exceptod firom compliance in this section. Good faith efforts of
repair cnn includc producing invoices showing work or parts purcbascci for ropair or rrnovetian
Ntiithin 30 day3 priar to issuance of the notice of violation, or a drelaration under penalty of
pequry ttiat the vehiclt is in the process of being repaired and has been worked on a7thin 30
days prior to issuance of the notice of violation. This excoption allows up to 60 days for good
faith repair. Upon gaod caust shown, the directnr shall have the discretion to grant one
additional 60-day exception period to this chapter. Under no circumstance shall any good faith
efforts of repair emend for more than 120 days, after which time this exception shnll no langer
apply. This exception shall apply to one vehicle and one parts vehicle per parcel af land pex
calendar Nlear:
Ordinancc 08-024, Grafiiti Page 5 af 6
nRaFT
I 4, t herL shttll bc ullumed as exceptions to thi, chapter up to mo junk vehiclcs in ~-14-
-_5 -nt,d-V44-4-R-l. R-2. R-3 4gdj~-4 zones, so long as they are completely sight-screened b%
mainteined Type ! or [1 landscaping, a maintaincd landscaped berm, ar fencing, as mav be
rcquired in the currcndy adopted zoning cvde. Junk vehicles alloweci by this exception are
~ restricud to only the R- I,R-2• R_3 a_r,td R-4k~R-~-a++t.-i-6#~ zanes.
GraffW. M g[uffiti uMn public ur.privAce propgM iS dernIrd a nui:uIce-
Sc.ccion 3. Sevorabilitv. !f any section, sentenct, clause or phrase of this Chdinance should be
hcld to be invalid or unconstitutional by a court of competcrtt jwrisdiction, such invalidity or
uncanstitutionaliry slutll not affert the validity or constitutionstity of any other section, sentenex, clause rr
phruse of this Ortiinance.
Section 4. Effective_Uate. Tliis Urdinance yhall tv in full fan:e and effn.t Gve (5) da,%s after
publieation of the Ordinance, or a summnry thereof, occurs in the officinl netivs}mper uf'the Cit} as providecl
by 1im .
PASSL-.Il by the ('ity Council this day of Nnvember. 2008.
N1A}'or, Richard Ntunson
ATTEST:
City Clerl:, Christine Bainbridge
Approved as to Form:
Offlicc of the Ciiy Attomey
Date of Publicsrian: _
F.1Tcctive Datc:
Orciin,incc 08-024. (.iraftiti f'age 6 of 6
CITY OF SPOKANE VALLEY
Request for City Council Action
Meeting Date: November 18, 2008 City Manager Sign-off-
Item: Check all that apply: ❑ consent ❑ oki business 0 new business ❑ pubiic heanng
❑ information ❑ admin. report ❑ pending IegiskaUon
AGENDA ITEM TITLE: First Reading Proposed Ordinance 08-025, UDC/Code Compliance
Amendments
GOVERNING LEGISLATION: SVMC 17.80.150, 17.90
PREVtOUS COUNCIL ACTION TAKEN: On July 8, 2008, Council had a study session in which
it was bnefed on the proposed UDC changes. The Council refened the proposal to the
Planning Commission, which held a public hearing and recommended approval on Sepiember
25, 2006.
BACKGROUND: Staff constantly reviews and takes in comments regarding its Code provisions
in an effort to amend things that don't work as intended, to make the Code work better in its
application to real life situations, and to remove those provisions that our experience shows us
are unnecessary. We have been accumulating a number of potential changes as they relate to
code compliance-related provisiorts, which are provided in the attachment.
SVMC 17,80.150(F) states that the Cfty may approve amendments to the UDC if it finds that:
(1) the proposed amendment is consistent with the applicable provisions of the Comprehensive
Plan; and
(2) the proposed amendment bears a substantial relatian to the public health, safety, welfare,
and proteciion of the environment_
The proposed changes are consistent with Chapter 10.3 of the Comprehensive Plan
(NeighbofioodlSub-area), Goals and Policies. Specifically, NG-2 requires code provisions that
"preserve and protecl the character of Spokane Valley's residential neighbofioods. NP-2.1
states as follows: "maintain and pratect the character of existing and future residential
neighbofioods through the development and enforcement of the City's lend use regulations and
joint planning." Further, NP-2.7 states as follows: "encourage rehabilitation and improvement
programs to conserve and upgrade existing properties and buildings." Lastly, NP-2.8 states:
Encourage programs targeted at neighbofiood preservation, including Weed and Seed,
housing rehabilitation and crlme prevention programs, such as Neighbarhood Watch, McGruff
Houses, etc."
Enhancement of the code compliance provisions meet those gaals, and are thus consistent with
the Comprehensive Plan.
OPTIONS: Request additional discussion or changes to the draft; move to advance the
ordinance to a second reading, or suspend the rules and adopt tonight.
RECOMMENDED ACT10N OR MOTION: I move that we advance Ordinance 08-025 to a
second reading.
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Mary Kate Martin, Building Official: Cary Driskell, Deputy City Attorney
ATTACHMENTS: Ordinance 08-025, amending SVMC 17 relating to Code Compliance.
DRA FT
CITY OF SPOkAh"E VALLEY
SFOKANE COLTNTY. WASHL'iGTON
ORDINANCF. NO. 08-025
A-N ORDiNAtiCF OF THE CTTY OF SPOKANE VALLEI', W'ASHLtiG1'Oti,
AMENDING SECTIONS 17.90.040 AND 17.100.080, 17.100.090, 17.100.150, 17.100.250,
17.100.280, OF THE SPOKANE VALLEY MUNICIPAL CODE RELATIrG ?O CODE
COMPLIANCF.
WHEREAS, the City uf 5pol;ane Yalle} previously aduptcd Spokane Valley Municipal Code
Chnpter 17.9(l nnd 17.100, rtgulating nuisanoe conditions on public and private property; and
WHEREAS, the existing provisions contain some swians ttiat contnin vorbiage no longer
consistent with Git}, Code and proccdures, contain provisiaas that should tie amended to comply with
constitutional requirements, and rrquirc revisions to ensure clarity; and
WHEREAS, the following changes am consistent aith the C:ih's Comprehensivc Plan, tind are
necessary to protect the htalth, safct)', and welfare of the general public and the environment.
NOW, THERFFORF. the City Council of the City of Spol:ane VnlleN•, R'ashington ordain> as
follc~vrs:
Section 1. Spokanc Valley N11111icipal Cudc section 17.90.020 is hereby amended IIS set
fartb bclo.%.
17.90.040 Time for aad Coatenu of sn Appeal tu the He.aring Eiamincr
1. Appeal to Hearing Examincr. Any appeal to the Hesring Examinct mttst be receivtd ao leter thstn
fourteea (14) cakndar days after wTitten nfltice of the decision is mailed. Receipt of a complete a}»peal
submiriaI shal) stny the ariginsl decision until a final decision on the appea) has been rea:hed. The
appeal ahall include:
a. Thr cusc number designated h} tltc Cih xtid the ntune of the applicant.
b. Tlic nnme and si¢nnture of each petitioner vr theu authorized representative and a statement showinfi
that r.gch pctitionvt has standing to lilc the appeal under this chaptcr. lf multiple parties file a single
petition fvr review, the petition shnll designato ono (1) party as the contact representntive;
c. Tbe specific docision and specific pQrtioos of the decision or determinatian bcing appcafed, and the
spccific reasons why each aspect is in eFror as a matter of fsct or law;
d. Evidcncc that the specific issues raisod on appeal werie raistd during the period in «dhich the record
w-as open; and
e. The appeal fee as identified in SVMC 17.110. The fee may be refunded, cidier whoUy or partially,
only if the appellant rcquests aithdrawal af the appeal in writing at least faurteen (14) calendar days
before the scheduled appeal hearing dau.
I LJA ~n re~ensible for. a codc complian~e'c[tfocerrzent ~•iolation whu succc~full~.p~al~ ch_c
City'S adminiSlrAik e &tetmination of a % it~lation_shal! he refundzd ttie anoca1 fec «ithin 45 dnvs.
Urdinance 08-025 l:l)C Code Compliancc Amrndmsnts Face I of 5
DRAFT
Seetion Spokane Valley Municipal Code sr,ction 17.100.080 is hcrebN atnended as set
forth beloµ•.
17.100.080 Obligotioas of persona respoasible for code -violation.
A. It shall be the respansibility of any penon identifitd as respansible for a code violation to bring
the property into a sufe and reasanable condition tu achieve code compliance. Pavment of civil
penalties, applications for permits, acknoa•ledgement of stop wark orders, and compliance with othcr
remedios does nflt substitute for per£orming the corrective w•ork required and having the property
bmught into campliance to the extent reasanably possible under the circumstances.
B. Persons determined to be responsible for a code vio{ation pursuant to a notice and order shall be
liahlc for the payment of aay civil penalties and abaicment costsl,,
t:+ti-li:f-e~ . . t,, aetic+r~~-te#-re~,it}t
o++"Ws "e , _Sl~fflwo fie ethef tlttifi--the-~ -
behalfi, n4.-#er eiticti
. . only
E#teF' 't;-sh~-be-s~=~ h~- ~ ~~f~e•.-ti#+u!#-!~ ;t.:- --.;r,:-st~eh~~
rf-I?!f
Section . Spokane Valley Municipal Code section 17.100.090 is hereby amended as set
forth below.
17.100.090 Detcrminntion of Compliaacc
.4Rer issuance of u waming, Vuluntary Compliwice Agrcemen[, notice and order, ar stop Ntii-rl: order.
and after the person(s) responsible for aviolation has come into compliance, the City shall issue a
«-ritten determination of compliance. The City shnll mail copies of the determination of compliaoce to
cach person originally named in the warning, Voluntary Compliance Agreement, notice and order, ur
I stnp work arder, as well as the complainant if the comPl1!inant reauests such nc~d uatian nt t c ti~e thc
complaint_wa~ submitted to_the Cit,y, by Certified Mail. five (5)-day retum receipt requested.
Section 4. Spohane Valley, Municipal Cade section 17.100.150 is herzby amrnde,d as set
torttt bclow.
17.100.150 Notice aad Order - Cantcnts
The notire and order shall contain the folluwing uitortnation:
A. The address, when available, or location of the viotatiun;
B. A legal description of the rcnl property or the Spokanc County tri.i parccl number where the violation
occurrad ar is located, or a description identifying the property by commonly used locators;
~ C. A statemcnt that the Cit}, has found the named person(s) resQOnsiblc for a_t,--4a,.e
violation and a brief description oFthe vialation(s) found;
D. A statement of the specific provisions of the ordinance, resolution, regulntian, public rule, permit
cundition, notice and order provisian, or stop work order that was or is being viotatcd;
C. A swtement thnt a civil penslty is being assessed, including the dollar amount of thr civil penaltics
per separnle viulation, and thst nm• assessed penalties ►nust bz paid «•ithin twenty (20) days of scrvice
of the notice nnd order.
e):dinnns:e 08-025 UtK Cadc Cotnpli;incr :imenciments F'aFe 2 of 5
D2AFT
F. A siatcmcnt uclvising that an}' costs of enforcemcne uicurred by the Cit} shall also be ussessed against
the person to whom the notice and order is directed;
G. A statement that payment of the civil penalties as9essed under this article does not relieve a petson
found to be tcspansiblc for e code violation of his or her duty to corrert the violation aad/or to pay any
and all civil penaldes or other cost assessments issued pursuant to this articie;
H_ A stntemeat of the corrective or abatament nction rcquired w be takea and that all requircd permits
to perfenn t!e correcave actian must be oMained from the proper issuing agency;
1. A ststement advising that, if any requireci work is not commenced or cnmpleted within tbe time
specified by the natice and order, the C;ity may proceed to seek a judicial abatement order from
Spokane County Superior Court to abate the violation;
J. A statement advising thflt, if any asse5sed penalty, fce or cost is not paid an or beforc the due date,
the Ciry may charga the unpaid amount as a lien against ihe property where the oode violation occurrod
if owmed by a persan responsible for a violation, and as a joint and several personal obligarion of all
persans respon5ible for a codc violatian;
K. A statement advising that any person named in the notice and order, or having aay rrcord ur
equitable tiile in the property against which the notice and ordet is recorded mnv appeal fmm the noticc
and ordcr to thc Hearing Examiner within twenry (20) deys of the datc of scrvice of the notice and
order;
L. A statement ndvising that u failure to correct the vialatioru cited in the notice and order could leacf to
the denial of subsequent Spokane Valiey perinit applications on the subject proprrt};
hi. A stetement advising that a failure to appeal the aotice and order within t6e applicable time limits
rcnders the aotice and order a final determination that the conditions describod in the notice and order
rxistcd and constituted aviolation, and that the named party is liable as a person cesponsible far a
violstion;
N. A statement advising the person respansible for a code violation of hislhcr duty to notify the City of
aay actions taken to Achieve compliance with the notice and ordcr; nnd
0. A statement advising that a willful and knowing violation may be refcRetl to thc Office of the Cit}Attorney for prosecution.
Section 5. Spokane Valley Municipa1 Codc sectian 17.I00,250 is hereby arnended as set
forth below.
17.100.250 Civil Penattiea - Assessment Schedule
1. Civil ponalries for code violations shnll be imposed far remcdial purposes und shall be asscssed for
~ each violation identificd in eP4 t ----f --notice and order: or srop work ordcr, pursuant to thc
followiag schedule:
~ Noticc and ordcr3 and stop work ordors: basic initial pcnalty xr -_ic>latinli: $500.00
2. 4dditional initial penalties mey be added where there is:
a. E'ublic health risk - amount depends on scrcrity^ $0 - 2,500
b. Environcnental damagr - amount depends on severity: $O - 2,500
~ c. Damagc to property of othe amount dcpends on severity: $0 - 2,500
d. History of similar violations (less than three (3)): SSOQ
e. History of similar violations (thne (3) or morc); $2,500
f. Economic benefit to person responsible for violatian: $5,000
I . . • -
Ordinance 08-025 UDC Code Compliance Amendments Pagz 3 of.'
DRAFI'
~ , ~ • ~ -
f:--~~:: C~•i?-17?rf:~'!.=r--i~titr--L~1•t:i::c•=t ir-_•fc:f";•:..~.=c', zC:Fti.?:~ i=tii~ ~.r :r~-.}.;.:-T-r?-. _~.1ij-:•-r:~.:: i
b--F{}ll--eempt!$Flee with-$-~t~l~t~~R .a{A-fr ~+~fNfi'-E~-~i~'tz-~~}-4}F~Rt~ft~'Fl•.~:
-
, - !Y~^c~ttiieii-::i•i:iC-:`:i_' _•F:~~;---ti!ii~ :tic"=.--.'tic. -#=t-i~t:::l~. i-:~i.til~ iriK•}r
{t~µ~
{srSpE'C►tfifd'M31.+-~8~~2~ k3f~f4t'Ci-t'~gl~2'FRt`f ci_
~ i-Civil penalties shall be paid within twenty (20) days of sen-icc of the nutice and ordcr or stop «•ork
order if not appealcd. Payment of the civil penalties assessed under this articlc does not relicvc a person
faund to be responsible for a code violation of his or her duty to correct the violation andlor to pay any
and all civil panatties ar other cost assessments issuod pursuant to this article.
64. The City mny suspend civil penalries if the person respansible for a code violation has entered into
Rnd fulfilled all reguitymcnts of a Voluntary Compliance Agreemeat.--Fena#ies shel!-begiFriia-seel:ir
toa.-~4g1' .l allowed . . - l.repdFni~►•~}~r?r~~t~►rs-s:~~f :
, ~.~~~~tt~-~t-gate-t~~~~e-~ei~t4s~-Fe~~►{+~-:~~trt~s~~.
~ 7. Civil penalties Assessed create a joint and severel personal obligntion- in all persons reTonsible for a
code violation.
8. ln additian to, or in licii cif, anN- otitcr stat< <ir (ocal provision f;,r the rrcoven- of civil penalties, the
Cih• cnay file for recocd %vith the Spof:ane County uuditor to claim a lien ugsinst the refil property for
the civil penalties assc:ssed under this article if thc violation was reasnnabty related to the real property.
Any such lien can be filed undCr ihis article if, afler the expiration af thirty (30) day-s Gom when a
person resporisible for a codc violatian receives the notice and order or stap wor1c order (excluding eny
appcal) and sny civil penalties remain unpaid in whole or in part.
Se,6, Spakane Valley Municipal Code sectian 17.100.280 is hereby amended as set
forth below.
17.100.280 Civil PeoAlties - Wah•era
t. Civil penalpes ma}, bc waivcd ar reimbursed to the pa}•er bp the City under the fotlowing
C II'CUJTIS18I1CCS:
a_ The natice and order or stop work order was issued in cROr,
b. Thc civil peaaltics were assessed in error,
~ c. ~:c~t~r-~~+4~v~~:+-f~~-#•--~►cfftlpe!`4~-t WHef titie lf
d-.-hew, matarial infarmation warranting waiver has bcen presented tu the Ciry since thc notice and
order or stop wori► ordcr was issued; ar
@r-~-~~E~--?=i-~t-'~ i•c^--~f~• ; ir--.... _._:.~-.i-.:i:.:--r , Ec ic , ~t`i-i- _ _ ~~ic.._: t~-'':c'cc:.?'~. i:._T~{~rt:~
fti4t18fCd
d. As anprpjiriair to rrs~l~r liti~atic~n:
2. The City shall state in writing tha basis for a docision to waive penaltics, and such statsment shall
become part of the public record unless privileged.
Ordinance 08-025 UUC C:ode Co[tipiianrt Amcndmrnt+ Page 4 of 5
DRAFT
Section 7. Severabilitv. If any section, scntcnce, clause or phrase of tihis Qrdinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutiocullity of any other section; sentence, clause or
phrase of this Ordinance.
Section 8. Effective Date. This Ordinance shall be in fiill force and effect five (5) days after
publication of the Ordinance, or a suanmFUy thereof, occurs in the oflicial newspaper af the City as provided
by law.
PASSED by the City Council tius da>> of November, 2008.
sVlayor;l2ichard Munson
ATTEST:
City Clerk, Christine Bainbridge_
Approved as to Form:
Office of the City Attomey
Date of Publication:
Effective 17ate:
~
i
Ordinance 08-025 U17C Code Compliance Amendments Paee 5 of 5
CITY OF SPOKANE VALLEY
' Request for Council Action
Meeting Date: November 18t', 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business (D new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: First Reading Proposed Ordinance 08-026 for Batch amendments to
Title 19 of the Spokane Valley Municipal Code:
Section 19-A (Schedule of Permitted Uses) to allow medical/dental clinics to locate in the
Garden Office District.
Chapter 19.30 (Changes and Amendments) Remove 'rtem 7 which requires that there
have been substantial changes in an area since the adoption of the code.
Chapter 19.40.120 (Manufactured Housing) Update the required roof pitch to reflect
what is required by state law and add a provision which would allow the replacement of
existing single wide manufactured homes under certain circumstances.
Chapter 19.40.020 (Residential Standards) Update the matrix to allovw for a reduced
duplex lot size, correct the lot width in the MF-1 zone so that it is correct mathematically,
and update the matrix to include information related to the setback of structures from a
private driveway easement.
Chapter 19.40.010 (General Provisions) Add a provision which would allow certain
accessory structures to encroach into the required setbacks and add requirements
related to the placement of outdoor lighting in residential areas.
Chapter 19.60.010(General Requirements) Add a provision which would allow certain
accessory structures to encroach into the required setbacks, and add a requirement for
the screening of refuse storage areas.
Chapter 19.70.010 (Light Industrial District) Add a provision which would allow certain
accessory structures to encroach into the required setbacks.
Chapter 19.70.020 (Heavy Industrial District) Add a provision which would allow certain
accessory structures to encroach into the required setbacks.
NOTE: After additional review staff has concerns regarding the enforceability of the
proposed residential outdoor lighting standards and requests that City Council refer the
matter back to Planning Commission for further consideration.
GOVERNING LEGISLATION: RCW 36.70A.390 and RCWV 35A.63.220.
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was
effective October 28'h, 2007. Following the adoption of the code, a number of items were
discovered which were either incorrect, impractical, or omitted. These amendments are some
of the first of these items to be corrected.
ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria
that amendments of the Spokane Valley Municipal Code must meet. Those criteria include:
1. The proposed amendment(s) are consistent with the applicable provisions of the
Comprehensive Plan.
2. The proposed amendment(s) bear a substantial relation to the public health, safety,
welfare and protection of the environment.
Staff Comment: Staff constantly reviews and takes in comments regarding its Code
provisions in an effort to fix things that are incorrect, don't work as intended, were
omitted in error, and to remove those provisions that our experience shows us are
unnecessary. We have been accumulating a number of potential changes as they
relate to code compliance-related provisions, which are provided in the attachment.
SVMC 17.80.150(F) states that the City may approve amendments to the UDC if it finds
that:
(1) the proposed amendment is consistent with the applicable provisions of the
Comprehensive Plan; and
(2) the proposed amendment bears a substantial relation to the public health, safety,
welfare, and protection of the environment.
LUG-1 requires code provisions that "preserve and protect the character of Spokane
Valley's residential neighborhoods. The requirement for setbacks from private driveway
easements provides a consistency in the appearance of physical structures from all
travel ways including driveways, private roads and public streets. The outdoor lighting .
standard limits the amount of light and glare in residential areas.
LUG-3 envisions commercial areas as vital and attractive. Requiring refuse storage
areas to be screened works to accomplish this. Allowing limited accessory structures to
encroach into the required setbacks allows flexibility of design while still maintaining
separation between principal structures.
LUP-1.3 calls for innovation and flexibility in the design of new residential
developments. Allowing limited accessory structures to encroach into required setbacks
allows a certain measure of flexibility while still providing adequate setbacks for principal
structures.
LUP-11.3 requires buffering, landscaping and other development standards for
industrial areas. Allowing a limited amount of encroachment into the required setbacks
would not interFere with the required buffering and landscaping.
LUP-2.5 encourages the consideration of special development techniques in single
family areas provided that the development is consistent with the quality and character
of existing neighborhoods. Due to the elimination of the side yard setback requirement,
staff feels that allowing a reduced lot size for attached single family (duplex)
development accomplishes this while still maintaining the character of the surrounding
neighborhoods.
LUP-4.5 requires compatibility between mixed-use developments and residential areas by regulating height, scale, setbacks, and buffers. The areas of the city zoned Garden
Office are located along arterials and provide a natural transition to residential areas.
The maximum height requirement in the GO district represents less than a 30%
increase from the residential areas and landscaping buffering is required. These are
the areas where medical and dental clinics would typically locate.
HP-1.1 requires the consideration of the economic impact of development regulations
on the cost of hvusing. Allowing the replacement of existing, legally placed, single wide
manufactured homes enables the property owner to make improvements while not
imposing additional economic hardship, allows a legally established use to continue and
provides additional affordable housing.
Lastly, the remaining amendments are being proposed strictly to correct errors or
inconsistencies as follows:
Lot dimensions within the MF-1 zone are being updated so that they are consistent
mathematically with the minimum lot size requirements and the Manufacture Home
Roof Pitch will be consistent with state law. Requiring a substantial change in
circumstances for a zone change to be approved is an additional requirement, not
mandated by state law and case law shows that if a zone change is consistent with the
Comprehensive Plan, a substantial change is not necessary.
The proposed amendments to the zone meet the above outlined goals, and are thus
consistent with the Comprehensive Plan.
OPTIONS: Proceed as proposed, or as modified; or direct staff further.
RECOMMENDED ACTION OR MOTION: Move to advance ordinance 08-026 to a second
reading at the December 9, 2008 Council meeting.
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Christina Janssen - Assistant Planner
ATTACHMENTS:
Draft 19-A, 19.30, 19.40.120, 19.40.020, 19.40.010, 19.60.010, 19.70.010, and 19.70.020
f1
-f
D)N FT
SPOKAir'E COL7N-T1r', WASAIriGTON
ORDIIVANCE NO.OS-026
AN ORDINANCE OF THE GIn' OF SPOKANE VALLEY, SPUKAIVE COUNTY,
WASHINGTOti AMENDING ORDINA-NCE 07-015 SPOKANE VALLEY MUNICIPAL
CODE SECTlONS 19-A, 1930, 19.40.020. 19.40.410, 19.60.010. 19.70.010 and 19.70.020
ADDIlNG PROVISI4hS FOR CERTAII'i ACCF.S50RY STRUCTLfRES TO
ENCROACH INTO THE REQiTiRED SETBACKS IN THE RESTDENTIAL,
CONIlKERCIAI., MIXED USE, OFFICE AND Ilr'DUSTRIAL ZONES, ALLOWLNG
THE REPLACEMENT OF EXISTING, HABITABLE SPiGLE WIDE
NLANUFAC!"URED AOME5, REQLTIREA'[ENTS FOR 'I'HE PLACEMENT OF
OUTDOOR LIGHTING LN RESiDENTIAL AItEAS, ALLOWING REDUCED DUPLEX
LUT S1ZES Di 'I'HE R-3 AIYD R4 RESIDENTIAL ZONES, A1tiD REQUIRIriG
SETBACKS FROM PRIVATE DRIVEWAYS, AND ALLOWING MEDICAL AND
DENTAL CLIh'ICS'TO LOCATE IN AREAS ZONED GARDEN OFFICE; AMENDitiG
THF. REQUIRED :VIA1r'IJFACTURED HOME RODF PITCH AND REPEALING THE
REQU1REriENT THAT CIRCUhiS'FAriCE5 HAVE CHANGED SUBSTANTIALLI'
TU WARRANT A SITF SPECTFIC ZONE CHANGE AS FOLLOWS:
WAEREAS, the Ciry of Spokane Vnlley adopted the Uniform Developmcnt Cctide (UDC;) pursuant to
Ordinance 07-015, on thc 24th day of September, 2007; and
WgEREpS, the UDC became effective on the 28th day of Octube:r, 2007; and
WMREAS, the Spokane Valley Planning Commission held a public hearing on these issues on
Septeaaber 25, 2008 and determined to edd pmvuions for cettein secessory swctures to encraach in the
required setbacks in the residential, commercial, mixed use, office, and industrial zones, allow7ng the
replecement of existing, 6abitable single wide manufacturcd homcs, requiremcnts for the placemeat of
outdoor lighting in residential areas, allowing reduced duplcx lat s'szes in thc R-3 aad R4 residential
zones and rcquuing setbacks from private driveways, end allowing medical and dental clinics w loeate in
areas zoned Garden pffice. Amending thc rcquired manufactured hamc raof pitch aad repealing the
requirement that circamscances have changed substaatially to warrant e site specific zone change met the
criteria for approving an amendment including being consistent with the Spokane Valley Campm6ensive
Plun and that it bears a substantia) relaiion to the public health, safety and welfam and pmtectian of the
em•ironmcnt_
NOW THEREFORF., TtIE CITY COUNC7L SPECIFICALLI' ORDAIN5 AS SFT FORTH
BELOW:
5ectiop One; Chapter 19.120.010 Generul ahall be amended as fullows:
19.120.010 General
UsES ere elassifted using the 2002 North Americun lndustr} Classificution S~stem (i~ AICS) publi-sbed by
the U.S. Ctnsus Bureau based an category and subcategory. Subcatogories inctude all uses not identified
separaLely by specific number. Uses m8y bo pecmined, be subject ta conditions, or requin cooditional vr
temporar}, usc permits as shown in Appendix 19-A. the schedule of pecmitted and accessc>ry uses.
Ordinance 08-026'i'itle 19 Amcndmcnes Page 1 of 8
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S 45393 aaufacturcd home salrs P E' P
32 327 ManufacturinLz. nonmetallic metal p
roducis
5 453998 arkei, outdoor ' 1
6 621498 Massage th p P
~ 3116 - eat/fish canning cutting, curing and P P
3117 okin
33 3391 edical and laboratory p
instrumenda tus manufatturing
4 42345 M~ical, dental, and hospital P P
qui ment su ly/sales
I
62 6214 Mcdical/dentel ctinic P P P P IPIP P P
6 621 edicalldentnl offce P P P P P ,
3 332 etal fabrication P P
33 332 etal lating
33 332 Metal processes, hot
'vlincral product manufacturing.
nonmetsllic
21 212 uung
1172 722330 Viobile fuod vendors S S S S S iss S S Sre zoning districts
for conditions.
[T T 23 236115 odel bomc units
71 71211 useum P P P fp P P {
5ection Two: Cbtpter 1930.030 Site Specific zoning map amendmeats a6all be amended as
(olloK-s:
19.30.030 Site-specific zoning map amendments.
A_ Site-sEx;.ciFc zoning map amendment requests may be submitted at any time. Site-specific zoning
map amendments are classificd as Typc tII dcvclopment applicntions and shali be pracessed pursunnt to
SVMC 17.80.149.
H. A11 site-specific zoning map amendment requests must mect all of the following criterisa
1. The requiroments of the Ghapter 22.2 SVMC, Concurrcncy;
2. Thc reqvestod map amendment is consistent with ttie Comprehcnsive Plan;
3. "fhe map ameadment bears a substantial relation to the public health, safety and welfanc;
4. The map amendment is warrantcd in order to achieve consisuncy with the Comprehensive
Plan or because of a need for additiona) property in the proposed mnwg district classification, or becaus+e
the proposed zaning classificatian is appropriate for reasonable devolopment of the subject property;
5. Prupcrty is adjacent and contiguous (which shall include comer touches and pmperty tocaUed
acros; a publie right-of-way) to property of the same or higher ioning classificarion:
6. The map amendmeat will not be materially detrimental to uscs or property in the iminediate
vicinit}• of the subject property;
I 7. l-4fc1t"ri~si!fii't'~-~?3~^E-t~1R~'?=~:t~i=l:•11•,.-~'4:r:~ii!c t-ic:i~it-•,t'riic ii-44i}c ::ucC;•~-T~u}i~ty:i~~lFtti
i 4+ •t z:r,:i r. 1,~-.
Ordinance 08-026 Tide 19 Amenclmenis Page 2 of 8
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8. 'fhe. map amcndmcnt has mcrit and value f'or the community 85 A N'IIOIC. (OTtI. 07-0I5 Fj 4,
2007).
Secdon Three: C6apter 19.40.120 Manafoctared housYng shall be unended as followa:
19.40.120 Mannfactured housing
A. Pursuant to the rcquirrmmts of Chaptcr 35.21 RCW, the Ciry does not discriminate against
consumers' choices in the plsctment or use of a home thni is not equally applicable to all 6omes. This
seciion applies oaly to manufactur+ed housing units piaced on individual lots.
B. Homes buiJt to 42 U.S.C. 7 Sections 5401 through 5403 standards (as they may be amended) are
regulated for the purposes of siting in the samo manner as sito-huilt homes, factory-built homes, or homcs
built lo any other statt construcdon or local design standard; proi-Ided, how•cver, that the manufactured
home shail:
1. Be a"new" manufactured home; and
2. Be set upon a permancnt foundatian, as specified by the manufacturer, and that the spacc from
the bottom of the home to tfie ground be encivsed by concretc or nn approved product which can be either
load-bearinR or dctorativa; end
3. Comply with all local dcsign stac;dards, including the rcquircmcnt for a pitchcd roof with a
~ slope of aot Icss than 4:-P-3:12, applicable to all ather home$ within the neighborhood in which the
manufnctured home is to be tocated; and
4. Be thermally equivalent to the state energy code; and
5. Othcrwise mcet all other requircments for a dcsignatad mAnufactured home as defined in RC'VV
35.63.160.
C. This sectioo does not override any legally recorded covenants or dced restrictions of record.
A"nrw manufaciured hQme" means any manufactured home required to be tided under RCW Title 46,
which has not been previously titled to a retail purchaser, and is not e"used mobite home" as de£mod in
RCW 82.45.032(2).
A"dtsignated manufactured homo" is a manufactuned home conswcted after Jcme 15, 1976, in
eccordanee with state aad federal tequirements far maaufactured homes, w6ich:
1. is camprised of at least two fully enclosad parallel sectit►ns each of not less than 12 fcet wide
by 36 feet long; and
a An existin single .vide manufacturcd home m,..be replaced with s"new" singir widt
tnanu(acturod h¢mt when rcplacemcnt i initiated wit}iin 12 montlu af the daie of demaEe which
~resents less than 80% of market velue ar rcmoval of cxisting h itable manufacturrd home.
2. Was originally conswcicd with and now has a compc:sition or wood shalce ar shinglc, cuated
~ metal, or similar roof of nominal 4t-P-L 12 pitch; and
3. Nas exterior siding simifar in appearance to siding mnierials commonly used on canventional
site-built inurnatioaal Building Code single-family residenses. (Ord. 07-0I S§ 4, 2007).
Section Foqr. Chapter 19.40.010 Geaecal Prowisiona s6eU be amended as folbws:
19.40.010 Geoeral prnvisioas.
A. No principal or accessory sweture shall be (ocated within the ctearview triang.le (Chapter 22.70
SVMC).
B. In the districts where the height of buildings is resvicted to 35 feet, coaling tow-ers, mof gables,
chimneys and veat stacks may ex-tand for an additional height, not to exceed 40 feet, above the average
grade line of the building. Weter stand pipes and txnks, church steeples, dames and spires and school
build'mgs and institutional buildings may lx eccctcd to excced maximum height requiremeots; provided,
thaL one edaitional foot shall be nddcd to the nidth nnd depth of front, side and rcur yards for each foot
that such scruchims exceed the required hcight_
Ordinance 0B-026 Title 19 Amendments Pagt: 3 of 8
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. Iv. i.li:.i;ifti !I. . ~ "..i.~ :.i . ~ . . ii..., j il,..,~ .ji4,... . 't'...
zaning regulatians.
D. Recreationa) vehicks shall Qot be used as pcrananent or tcmporary dwelliag units in any residential
wne. Gucsts may park andlor occupy a rctt+cational vehicle while visiting the occupants of a dwcllino
unit located on the same lot for not more than 30 days in one consecutive 12-moath period. The inteni
to accommodate visiting guests and not to allow the recrearional vehicle to be usrd es a dwclling u;
(Ord. 08-006 § 1, 2008; Urd. 07-015 § 4, 2007).
Uutdo~f.Jt~Sh~in~ Any Iigh~S w•hether fcccstandin¢ or atmched to a building ar strus wt:
illumilate any outdoor srea oC a lot, shAll t!q Qositioncd, rlgced conaructed. shiclded ar used so that up.
direction of the ligltt is_ d"mword #nd within thcprapen% lines. Any non-confQrming lights shall tx:
discontinucd wtthin eptriod of 180 days_fivrn the cffecti<<e date of thilpr.gvisian. Thprae'ision es
noi appi) tg listhtingprovided by QUblic or privatc utilitics.
F._ The folloN ing features attached toi strycures t►rra allo%+ed as exceptions to the setback stgndards:
1. Minor PrQie+ctions Allowed: MinoLfentuns of 4 struciure. such m ear-es, chimnevs. fu~
escapes, ba}• windows no more than 2 feet lung attd which cantilcver bevond the foundation of tbt-
structurr uncovereci stninvay$. and uncovcMd decks or bali-onies, mby extocLd into a rzqui d et6ack ul
to twenly Qercent uf't c depth of e setback However, th!* mav n4t be Hithin thtee feet of a(at Ilm
whca a setbask- is reguircd. Wheelchaar ramps are allowgd to project into the soback based Qn 'fitle 24
nf the SVMC BuildinQ Codcs Attached mochanical aqujQment such as heat gumps air cor
eme e A~etiejator-, and wAter pumps are allo►red ta p»jrcl inlo the sj±ie or reur srthaci c-1 .
Sertioa Fivc: Chapter 19.40.020 Residential Sttindards a6all be amended as foll(-IN~ S:
19.40.020 Residential staadards.
A. Residcntial devclopmept shall meot the minimum arra and setback rcquirzm<w,. ::n;; rn».imum l,,c
cuvera e anci buildin hei t re uirtments shown in Table 19.40-1.
Table 19.40-1- Residentinl Zoae Dimeosiounl SWndards (Ia Feet)
R-1 R-2 R-3 R4 bff-1 NiF-2 PRD
.
lLot 40,000 10,000 7,500 6,000 3,604 2,000 Underl}ir.
Minimum Areu P:.; mne
4-0wellin !J-tnit
i)u !L_%. 1.4"1 ,i%% L11ir.; uni: 6 0(lU ~.000
t.oc wtash SO 80 65, 1~ 50 0-i 20 30
Lot Dc th 100 90 40 80 80 80 SU
Front and Flanl:in Street Yarcl Setback (2)Qj 35 15 15 15 15 15 15
G e Setback 2 3 35 20 20 20 20 20 20
Rcar Yard Sctbacl (l)3 20 20 20 20 10 10 15
Side Yard Setback (I)al S 5 S S 5 S S
f O en S ce 10% gross atea i
f
Msximum I.,ol Cove e 30.0% 50.0% 50.0% 55.0°l0 60.0% 65.(W/6 60.0%
Buildin Hei t(In Feet) 35 35 35 35 40 50 Underiying mne
(1) No accessory swcture shall bc locatad in the front or flanking street yard, anci shall be set back not les
than five fcet from an sidc or rcar nrd.
(2) Attached garages, where the guage doar does not faca the street, may have the same setback as th .
rinci ! structure.
~ S~backs when adjacent to a grivate road Qr, drive.vav easemcrit. prr rsiahl;shcd isor:; il,:_ in,k
c.1Y;:,1 of thc iik11 or drivewa~ z:nci rtrr the {nme ns nc_.~tct1 Oxne e,~cept_thc tianking roa1 Hhich
uould t,c f ive_t51 leet. -Rsf4-4~s#
1 i ~ 1_i. I~ (IICII!:i'• Zi i! f!11!1~!I!U!1. {i! WI f. _1 II %%I,Illi
Ordinancc 0$-026 Titlc 19 Amendmencs Page 4 of 8
nR4Fr
Section 5iz: Chapter 19.60.010 General Requfrements ahall be amendecf a.+ follows:
19.60.010 General Rtquiremcnts
A. Nonresidential develapment shall meet the minimum sc.'tbsck and the maximum height
rcquirements shown on Table 19.60-1.
B. Parking arens shall be paved and tandscapad in aacordance with Chapter 22.50 SVMC.
C. Nevv dcwlopment excceding three staries in height shail be provided with paved sen•ice lanes nat
less than 16 feet in width.
D. All new development shall provide for shared access with adjacent properties.
E. Al( ot tdoer trnsh. aarbage and refuse siorago aryoshal1 be sc;=ned on all sidcj! -visiblc to otiblic
viCWS OL I1izI1I5-Of-tvati's with n miaimilm five and Qnr-hnlf (5 '/~1 foot hj .h concn:te block (ir
mason , wgll or sip,ht obscuring fence w ith a~ig~h.t obscwing~te and t«g (2) feet of T11
~ads,pjag in accordance with Figure 2lb.17a-g svmc
F. The foliowing struciures maY be erected above the height limits of this Code in the Office,
Commercial, and Mixed Use zones, provided; (A) 7he swcture is accessory to or part of a
building which is a pecmitted use in the zone; (B) The structure complies with the heigtit limits in
the Airport Overiay z.one; and (C) No residential use of the swcture shall occur above the height
limits prtscribed in thc zone.
1. Pcnthouses or roof structures far the housing of elcvators, stairweys, eanks, ventilating fans, or
similat equipment to operate aad maintain a building.
2. 4=irc or parapct walls, skylights, flagpoles, chimncys, c6urch steeples, bclfries, wirclcss maats,
and similar structuros.
3. Structures such as silos, feed inills, baich plants, and fixed cranes which arc used in a
manufacturing process wfiich utilizes vertical processing and storage of materials.
4. Water stand pipes and tanks.
_1 he followina features Attached Q structune.s ~gllowed es cxceptions to the setback stWderds.
1 Minor Ptviections Allowed:
Minor features of a~ructurc. such u enves chimnexs ftrc c.sca_.p s bav window• no
morr tban 12 feet long aad which canulever baond tbr fowtktian Qf the stnlcture. uncovcrc
~irway~ whrelchuir ramRs and unc4verad decks ~►r balconies v extend i to a mguatcd
structm setbach uL to twcnt~ oer=t of tk deptti of the setback. Hnwever,.they mgN, nat be
lyithin ehrcc eet of a lot 14ne when a siboLk ►s reqgiMd.
2 Ful) Projections llowed;
In addition to subscction l9 bp Q{0(GXIa, tbq_fQllowinst f~atums arc allo~.g4 toproixt fortlic
J,ajo the rr,9uired swcturc setback:
a C~nunics nl~rquecs a inus and similar features may. fully extend into a stre+et sct ck anJ
may exicad into the nublic Eigbt-of-way sukject tQ the rca ts o Idui e and
Ltcloated strect stan ,
b Uncovered stairwuys _~1a ~~htelshair ramps d~at icad to ane cndance an the, sveet facin~
facade of a building mav u-lIy extend i to a strcet sethKk-
r. iittcovered decks end stairv+'avs that ar~~ no more ttwLfQM-two incho above thc gaund ma~
full), ckrtc d'uuo a rpguirtd swcture setback: and
SL On loti that slo,.pe down foRn the strceL vehiculnr and pedesvian enuy bridxes at are nu
more t,han fvtt~-cwo inchcs above the e+ve~r._sidcwA eloation may fuliv oxteod ►nto a rcauu~d
9 ructure setback.
c 9alcanics may cxtcnd inmpublic ~ights-of w~as allowcd in tlte buildinst code and adonipd
s=t standar&-
f Attachcd mechanic~l uiumcn such as hcat 121ps air w dicioners, emcrr;encv aenergtors
itnd ~~ater um .s are allowe4 1"rr'rct into the side cir rear ~,^F~rd scthack_onk.
Ordinunce 48-426 Titlc 19 Amsndmenta Page 5 of 8
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5ectioa Seven: Chapter 19.70.010 Lig6t Indnstrial shali be amended as lnllowe:
19.70.010 Ligbt lndustrial
A. The Ligitt Industrial designatian is a planned industrial area with specisl emphasis and attention
givcn to acstheiics, landscaping and intemal and community cnmpaiibiliiy. ?ypical LLses would
inctude technology and other low-impact industries. Light industrial areas may also include
office and commercial uses as ancillnry uses «7thin an overall plan for industrial development.
B. Supplemeotal Regulations
i. The outdoor storagc provisions cantained in SYMC 19.60.060(B) shall apply to the I-1
d istrict.
2. htobile food vendors shall be loc,ated on/within designatcd areas which do not interfere with
parking or internal circulation with permission of the praperty owner, health certiftcaie and
permit.
3. Setbacks:
a. Front and flanling street yard sctbacks shall be 20 feet; and
b. Side snd rear ynrd setbacks af 35 fcci are required only adjaccnt to residential zoning
districts. (Ord. 07-015 4, 2007)
4. The follawing structures may be erccted above the heighi limits of this Code in the Officc,
Cammercial, and Mixed Use zanes, provided; (A) Tbe swcture is accessory- to or part of a
bui{ding which is a permitted use in the zone; (B) The structura complies with the height
limits in the Airport Overlay zone; and (C) No cesidential use of the structuce shall accur
above the height limits prescribed in the zane.
a_. Penthouses or roof structures for the housing of elevatars, stairvvays, tanks, ventilating
fanz, or similar equipmcnt to optrntc ajid maintain a buiiding.
b. Fire or parapct wslls, sk}•lights, flagpolos, chimneys, church steeples, belfries, wircless
masts, and similar structurrs.
c.. Swctures such as silos, feed miUs, baich plants, and fixed cranes which are used in a
manufacturing process which utilizes vertical processuwg and storage of maierials.
d.. VJater stnnd pipcs and tanks.
--5. 1he fuUo~vi4j& featum_attaciicd to structurc-, are allowcd ns eYCeP1ion5 to the sctbc
$txndards Minor iectians 11 wed.
a•• Mino,r. Ceat=s of a strtlcture such iii eaves chitnneys fire exoveS bay windows no
more tnn 12 joig an which cnntil~v_-rr bevnnd Qic foundatic!t~ of the struclure
uncovered stainvays wheelchatir Lamps and ~ncovered deti;}:s or balc~~ntr~. may exten~
into ~uuod structures seiback up _4o hsent,y~gpt oC the de~th of the sctback.
_
HowrvVc they tnAy not bc wi4hin tluee fett of a lot I+ne v4hen a sctbxcli ia required
b _ rull Prajj&c;ons AUpµ,Cd•
ln additt~n to 5ubwtion 19.6().010(F I(11 ths following eatures xrc allowed to pre~i~S
f_ er 'n~~ the requirr~l structure sett~ck~
i. Canopies, mrjquecs, u%%ninus and similar fcatures maN fully estend into a street
setback and may e ctend into the _ ubgbt-of-war• suLiigct 4o the rcauirements of
the uilding ccde and adoQted streot standnrds.
ii. Uncoveted stAin~~ays ~nd wheelchair ramps that lead to one cntrancc on the sveet-
ff~cing fa~~de of a buildin¢ ma~ Uy.extend intu a strect setback
iii. Uncoveted decks and stairwa},4- that arc nomc+re tiian fQrtv-tuo inches nbovr the
guound may fully extend inta a reauired structure setback; and
iv. O la s etslope d w'n from tlic street. vehiculnr nnd pedestrian enta btifteS that
arc n4 mcre than fortv-t~~n_ehe$ abo~ e, thz .i% eraee side%N nll, cleFation ma" fulk
zxtend ir.t-, a_re.qtiired stn►cture sethi,l:
Urdinance 08-026 Title 19 Amendmanu Page 6 0f 8
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v. E3al:unie5 maN cYtrnd ititc)_1ubliC riglus-t,f-`%a~ ::z! all:)%NeJ in the huil_cfing crdz and
adopjcJ streetstandards
vi. Attached mechanica! rguinmeac such as heat pumvs~ sir candicioser-r, emeruencv
ge_n_zrntors and w3ter oumps arc allowLd_ to proiett into t}x sidN or rcar vard setback
ank.
Section EIt6t: Chapter 19.70.020 Aeavy Indastrial shall be amended as tollows:
19.70.020 I-2, Heavy Industrial
A. Heavy Industrial designsted property is characterized by intease industrial activities which
include manufecturing. proccssin& fabtication, assembly, freight handling and similar operations.
Heavy industry may hnve significant noise, odar or aesthetic impacts.
B. Supplemental Regulations
1. 1-2 allows any use permitted in the 1•1 zoning disvict, except as specifically pravided in
Appendix 19-A.
2. Mobile food vendorz shall be located on/within desigaated areas which do not interfero with
internal circulation with permission of the property owner, health certificate end permit.
3. The following structures mey be erected above thc hcight limits of this Codc in the Office,
Commercial, and Mixed Use iones, provided; (A) The strurtwe is accessory to ot part of u
building which is a permitted use in the zone; (B) 7"he structure complies with the height
limits in the Airpart Overla}• zone; and (C) No residential use of the structure shall occur
above the height limits pcrscn'bed in tha zane.
a. Penthouses or roof structures far the housing af elevaton, stairways, tnnks, ventilating
fans, or similar cquipment to opcrate and maintain a building.
b. Firc Qr parspet walls, skylights, flagpoles, chimneys, church steeples, belfries, wireless
masts, and similar structures.
c. Struchues such as silos, feed mills, batch pfunts, and fuced crancs which are used in a
msnufacturing process which udlizes vertical processing and staragz of materials.
d. Wstcr stand pipes and tanks.
4. 7he followin¢ featuress attached to structures ase ellowed u5. z1ceptic~ns_tu the setback
standards:
a Minor Projs~ctio~ss Allo~~cd,
ind feagiM af a structu lqu h as eav i Q,rys. fire escaDes b,v %%lndums no more
tbart i" fcet lon$ tu3d which cantilcver bg,)'ond the fpundatiQn Qf the structurc ute~averr4
,xlencl into a
stairways whrelchair ramps and uncQVered decks nr baleonies, msv _e
ry,c~,uired structum setback up to twen_tv porcent of the deQth of the sethack Ho. c►rr`
thev mnv Rt bc within lturr fccl af e lot lint µ•han a sctback is rcauired;
b. F l,prgJectioni Uowed.
!n additian to sub~Uod 19 60 OIOtF 0. thr followiijg fo~[um art alloucd to prltct
furiher into the roquirod structurc seth§4k;
L Canopics mAmees. awnings and ~isnilar featw"s mav full-• exund into ~ stttrS
scjbad and R1II}• extend into the oublic tight-of-way subiec.t to the mg.u~rements of the
buildin¢ codc atxi edugted strect scandards
ii. nc v red stain%tyl and N_heeichair rarro thatlead to one entrawcc oa the stwt-
facing fit 4ade of a building tne)' full), ertcRd 'nto a strcrt setbuck.
iii. Uncovered ~~cks and stair~v~,t~ tl~at.are nu more than foM-two inches atw~e the
sttound may fulk cxt nd into o rcquired structurc setbnck• attd
iv. On Iots thac slooc down frorn thc streeL vehicular and nrdestrian snm• bridizes
~h~ no more than farW-two inche-q above th!L~e.side%+nik elc%-atiam may full-,
extend into a requireti structure setbacF..
Ordirmnce 08-026 'I'itle 19 Amendmenis Paec 7 af 8
DR.9 FT
I ialcc'n+c? ►V'a~ r'\t!~nJ intu public nghts-cFl•~+ati a, in lhcbuildine coclr
~ BndoLdQpied Wmt smdards -
I Sectjon Niae: Severability. If sny section, sontonce, cleuse or phrases of this Otdinance should be held
to be invalid or unoonstitutianal by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity ar constitutiunality of am, other seciion, clause or ghrase of
this Ordinance.
Section Tea: Effective Date. This ordinance shall bc in full force and effect five (5) days nfter tho
publicarian of thc Ordinance, or a summan• thercof, occurs in the officie] nevvspaper af the City as
pmvided by Iaw.
Passcd by the City Council this da}• of .2008.
:via}'or, ltichard Munsoa
ATTFS 1
City Clcrc, Ctuisti . .
Approved as to Frr
Office of the City Attomey
Date of Publication:
Fffective Datc-
(lydinancc 08-026 Title 19 Amendments 1'age 8 uf 8
Chapter 19.30
CHANGES AND AMENDMENTS
Sections:
19.30.010 Comprehensive Plan text and map amendments.
19.30.020 Area-wide rezones.
19.30.030 Site-specific zoning map amendments.
19.30.040 Development regulation text amendments.
19.30.010 Comprehenstve Ptan text and map amendments.
Pursuant to RCW 36.70.130(2)(a), proposed updates to the Comprehensive
Plan will be processed oniy once a year except for the adoption of original
subarea plans, amendments to the shoreline master program, the amendment of
the capital facilities chapter concurrent with the adoption of the City budget, in tfie
event of an emergency or to resolve an appeal of the Comprehensive Plan filed
with the Growth Management Hearings Board.
Comprehensive Plan text and map amendments are classified as Type IV
development applications and shall be processed pursuant to SVMC 17.80.140.
(Ord. 07-015 § 4, 2007).
19.30.020 Area-wtde rezones.
Area-wide rezones shall be considered only in conjunction with updates to the
Comprehensive Plan text and maps to ensure fu11 oonsideration of the cumulative
effects of all changes.
Area-wide rezones are classified as Type IV development applications and
shall be processed pursuant to SVMC 17.80.140. (Ord. 07-015 § 4, 2007).
19.30.030 Sfte-speciflc zoning map amendmenta.
A. Site-specific zoning map amendment requests may be submitted at any
time. Site-specific zoning map amendments are classified as Type III
development applications and shall be processed pursuant to SVMC 17.80.140.
B. All site-specific zoning map amendment requests must meet all of the
following criteria:
1. The requirements of the Chapter 22.20 SVMC, Concurrency;
2. The requested map amendment is consistent with the Comprehensive
Plan;
3. The map amendment bears a substantial relation to the public health,
safety and welfare;
4. The rnap amendment is wamanted in order to achieve consistency with
the Comprehensive Plan or because of a need for additional property in the
proposed zoning district classification, or because the proposed zoning
classification is appropriate for reasonable development of the subject property;
5. Property is adjacent and contiguous (which shall include corner touches
and property located across a public right-of-way) to property of the same or
higher zoning classification;
19,30 HAund,•q,*~ket I 1 18-48~i'~ l9 30 030 smrnd siu R , . ~
.:r 1111l,S'-1.!u:..a~_-F'l.ti:i:ac .cilitL_.Liit L'c:.:•..wS.r.r-L'4-~-n , ,r_
- " -
1~
,
8. The map amendment will not be materially detrimental to uses ci-
property in the immediate vicinity of the subject property;
7. d
I ~e ;UFFeRT'-ZGR'Pg wagani the-Fequeqed-map-an4eAdmeftt~ at't~.J
8. The map amendment has merit and valLie for the community as
whole. (Ord. 07-015 § 4, 2007
19.30.040 Development regula:ion tex: amundr7zEnts.
Requests to amend the text of the City's developr,
submitted at any time. Text amendrnents are classified as Type IV developmc-~:.
app~ication- '~~-1 ^F..;i~ ~-i.- rif'1.^'•~C?~ r}I_~!SI,J~'t! ♦!1 , , ~`1 1.'-'1n (nrf{
2 (1(1 1
d_4ggdpu=k0 11-18-0&-,F'C: 1930 430 nmend sitc SZ-Rezoae 9-11-08 -i~-
?4...i-:.-.r-_Y':.~F,:,ft2u4*:
uk-
19.40.120 Manufactnred bousing.
A. Pursuant to the requiremcnts of Chapter 35.21 RCW, the City docs not discriminate against
censumers' choiccs in thc plaoement or use of a home that is not equally, applicabk to all homes.
This sectian applies only to manufactured hausing units placed on iAdividuaJ lots.
B. Homes built to 42 U.S.C. 7 5xtions 5401 through 5403 standards (as they may, be
emended) nre regulated for the purposes of siting in the same manner as site-built homes, factory-
built homes, or homes built to any other state construction ar lacal design standard; provided,
howrver, that the manufactured home shali:
1. 8e s"new" manufactured hnme; and
2. Be set upan a peruianent foundation, ss specified by dic manufacturer, and that thc
spuce fmm the bottom of the bome to the ground be enclosed by carncrete ar an approved pmduct
which can be eithec load-bearing or decorative; and
3. Camply with all local design standards, including Lhe r,equirement fvr a pitched roaf
~ a-ith a slope of noi ltss thaa 4,4: 3:12. applicablc ta a11 othcr homes within thc ncighborhood in
which the manufacturcd h+ome is to be located; and
4. Be thermsliy cquivalent to the state energy cade; end
5. Otherwise meet all othcr rcquircments for a dosignaued manufactured home as defined
in RCVb' 35.63.160.
C. This section does not ovemde any ic~,tally rccordcd covenauts or dced restrictioas of record.
A"new manufactured homo" means any manufictured homc rrquircd ta be tilled under RCW
Titie 46, which bas not betn previously titled to a rctail purehaser, and is not s"used mobile
home" as defined in RCW 82.45.032(2).
A"designated manufactured home" is a manufactured home coaswctod after Jane 15, 1976, in
ttccordance with state ead federal requurments for manufactured homes, which:
1. Is comprised of st least twa fulty enclosed parnllcl sections cuch af not lcss tliAn 12
foet wide by 36 feet long; and
a An eristing sirig.1e wide manufactured home mav tx rcala~r~i vtiiih u"n«w' Sici~1C
wide manufactured hame ufien replaccm~nt iS initiated w-ithin 12 months of thc date of dam~i~c
which cesmsent less than 80% af mart+et value or romoval of existinu hnbitable manufactured
home.
2. Was origineUy coastructed wtith and aow has a camposition ar wood shake or shingle,
~ coAted metal, or similar roof of nominal Ll2pitch; and
3. Has cxterior siding similar in appearancc to siding matcriels commonly used on
cooventional site-built Internntional Building Code single-family residences. (Ord. 07-01 5 § 4,
2007).
~
1 l 18-:,&K 14 44 120 tilfa Homing amzdm.R+i ruof Pitch 9-1 l-U8 do
~1~+'~+!!fili'~t~]Ir-IIt'-S-r~~,`4"`~"•-.I:' _ t: _c_;.,tt.~ .~.N{,,....L._•-}l:yn.}-~a~_
tt....t«...........~w..~•.•...CT1i..1.A 11 nC •j
Chapter 19.40
DISTRICT PURPOSE AND SUPPLEMENTAL USE
REGULATIONS - RESIDENTIAL ZONES
Sections:
! 9.40,010 General provisions.
19.40.020 Residential standards.
19,40.030 R-1 - Single-Family Rcsidential Estate district.
19.40.040 R-2 - Single•Famil}• Residential Suburban district.
19.40.050 R-3 - Single-Family Residential dimict
19,40.060 R-4 - Single-Family Residential Urban disvict.
19.40.0 MF-1 - Medium Densit}• Multifamily Residential district.
1 40.08 MF-2 - High Density Multifamily Resideniial district.
19.40.090 Residential accessary uses and structures.
19.40.10 Accessory dw-elling unit (ADU).
19.40.110 Other acccssory swctures.
19.40.120 Manufactured housing.
l .9 40.130 Manufactwed home }xirks.
19.40.140 Home occupations.
19.40.1 0 Animal raising .i!l:i ►.::°~°r~~,19.40.010 General prnrision,.
A. No principal or acce$s~,1.%
(Chapter 22.70 SVMC).
B.Inthedistrictswherethi
roof gables, chimneS•s and vent stacks may extend for an additional hcight, not to exceed
40 feet, above the average grade line of the building. R'ater stand pipes and tanks, church
stceples, domes and spires and school buildings and institutional huildings may be
crected to exceed maximum height requirements; provided, that one additional foot sh;ill
bc added to the width and depth of front, side and rear yards for each foot that s~
structures excoed the required height.
C. No structure may be erected to a 1: '
airport hazard zoning regulations.
D. Rccreational vehicles shall not be uany residential zone. Guests may park andr'ur occupy a recreauonal vetucie %titulc visiein~
the occupants of a dwelling unit located on the same lot for not more than 30 days in ont
consecutive 12-month period. The intent is to accommodate %isiting guests f►nd not to
allow the recreational vehicle to be used as n dwelling unit (Ord. 08-006 § 1, 2008; Ord.
07-015 § 4, ?007).
E Uutdpor Liv-hting' Ary lights whether freestundine or ttached to a uilding or
structure whirh illumintite anv autdoor area of a lot shfill be pgsitioned nlaced
constructcd shielded or used so that the direction Qf the light is downward and within the
prunerty lines. Any non-conforming lights shall bs discontinmcd w7thin a neriod of 1$0
davs fmm the effectivt dnte af this provision. This provision docs not zipsll ta liahting
,
n; 1 1% iJed b' puhlic or pri% a!e utilitie~
1 11.40~:t:11~I1C1~ QUll1,l,i;_ l;~jiIE11L'_l_lfld~l~1C~ll~111S 1 l't2.
11' •Qrndcpasktl 11-18-08'.Pt Aj%jENDE0 19 40 OIQ g=d Otdr Iigh1
~{•~,r,r.'-=~t:~r»---- ~.u,.~~.tft'iif~---~!:!F4P~t}~L:-2S-AY-~21-~}lE2iti" Orri-c i~~-~I.Q}G
F.
Ntinor Prajcvtioiis Altom%A: r9inor feat oa str~cture, suc1.
c himnevs firr escaprs bm• vvin&ws no morc than 1' fcct loM and -,%hi::h
cantilever beyQnd the 14unMuu.n Qf ck strureurc: uncovercd s r~irH~~~, an, l
uncQVercd derl.s Qr balsonio mat• eiterd intQ a rrauired swcture setbsk U;
tq twenty aerc:ent af the deZh uf the sctbnck. Howevcr, they mav not t,:
wjt~~n Oi ~ ~cc+ of a lot line when a Sctback is rcquired «nceelchnir ram•~ .
= aIlowed co p.r_aiect into the srtbac;k based Qn Tidc 24 of the SVNi(__
Duilding Codes Anached mechanicat equipment such as hcat„pumps aii
CoLIdi[IOnCCS. t[1leFgencl' ~I~_1''t• ;i?1!? .r.•• ('l!II;; ~ ~'?_:__.ll~~.~'.~.~j i-,
fjAatnda%W 11 18-4$',PC a►►iFNnFp 19 40 010 Lmend UtdLIlaht nnd oroicct 9-23-Q8.dooP~
n
. ' - ~ - "li~;s .i._.:_- ' -.i.::i..lt.:--` .
19.40.020 Residential standards,
A. Residential developmcat shall meet the minimwn area and setback requirements, and
maximum lot covera e and buildin hei ht r_c wq •rzments shawn in Table 19.40-1.
Table 19.40-1- Residenttil Zone Dimensional Standards n Feet
R-l R-2 R-3 R4 NIF-1 NIF-2 PRD
~ i-.:1 c h, mik Lot 40,400 10,000 7,500 6,000 3,600 2,400 Underlying
Area ve r zone
klDwellin ut'•nic'
~j>r I:\ l o; arl~:~ i;rr 6•000 ~_.000
Lot w,ath so so 65 4i so --441 5 zo 30
Lot Dcpth 100 90 90 80 80 80 SO
Front and Ftanking 35 15 15 15 15 15 15
Minimum Strcet Yard Sctback
2 -i
Garage Setbsck 35 20 20 20 20 20 20
2 z
Rear Yard Sttback 20 20 20 20 10 10 15
1 3'
Side Yard Setback $ 5 5 5 5 5 5
1 3
Opcn Space 10% oss area
Lot Covctage 30,0% 50.0% 54.06/a 55.0% 60.0% 65.0% 60.0°fo
Building Height (In 35 35 35 35 40 50 Underlying
Fce[) zone
(1) No accessory swcture shall be locatod in the frant or flanking str+eet yard, and shall be set back
not less than five feet from an side or rear yard.
(2) Attached garagas, wherc the garage doar does not face the street, may have the samc setback as
thc rinci a) strucwrr.
3 Setba~~ when adiacent to n nrivwe road oc drivewatieasement t-ire e,~tablislted frotll_tltt
irint:!- rdLcd (►f thc rus.i L,r dri%c~+~ny and arc thc sarne c~s noteci aksvve except the fl~nl:ini
nLa d cli •%uuld he fiv4 (5) feri
i•~ ~ llu !rti lots in R-3 zoncs_rtia% lK a_miniinu«i o2 0 fe.t in i,ith
I 1 ').4( issncnd ilrivc ,etiv6,. d~w1.r 1~,~; ,iz,. \SI lo: ikiil,_ _ 1 uf 1
N:\agendapacket 11-18-48M amcnded 19 40 020 nmend matrix duplcx MF-1 drive setbk 9•30-08.doc
Chapter 19.60
DISTRICT PURPOSE AND SUPPLEMENTAL USE
REGULATIONS - COMMERCIAL, OFFICE AND MIXED USE
ZONES Amendments
19.60.010 General Requirements
A. Nonresidential devtlopment shall meet thc minimucn setback and tht maximum
height requirements showm on Table 19.64-1.
B. parking areas shall be paved and landscaped in accordance with Chapter 22.50
SVMC.
C. New development exceeding three stories in height shall be provided with gaved
secvicc lanes not tess than 16 feet in width.
U. All new development shall provide for shared access with adjacont properties.
F. A11 k)utdoor trash. earh:sLc:and refuse stnrage arcas shWl br srirrned on ull
~isib ~a ~ublic 4ie~~s or rigits-of-~tiavs ttith a minimum fivr nn.i one-half (~'~i
foot hiy~h concrete black Qr tnasom «'a1l or sight-oliscucinQ focc with a sieh:
ecordance %%ith Fi~i:r,:
obscuring g}ate tind hvo (2) feet of Tyw lf Iandseapina in a
!_The following structures may be erected above tho height limits of this Cade in the
Office, Commercial* and Mixcd Use zones, provided; (A) The siructure is
accessory to or pari of a huilding which is apermitted use in the zone; (B) The
swcture complics with the height limits in the Airport Overlay zone; and (C) No
rzsidential use of the structure shsill occur above the height limits prescribed in the
zone.
1. Penthouses or roof structtres for the housing of elevators, stairways, tanks,
ventilating fans, or similar equipment to aperate and maintain a building.
2. Firc or parapet walls, skylights, flagpoles, chimneys, church steeples, bclfries,
«zreless masts, and similar structures.
3. Structures such as silos, feed mills, batch plants, and fixed cranes wfiich are
used in a manufaciuring process which utilius vertical processing and storage
of materials.
4. Water stand pipes and tanks.
GF The fo11Qwit?p, features actached to structwcs Are allowet as exceavons to tlle
tb ~ ~ standards:
1. Minor Pr4Jections Allowed,
Minor features of a structure such as esves chimneys fire escaQes, bav window-s
no more ttw 12 feet lonQ and wfiich cantilever hevond the undation of the
stcucturr uncaverei irways wheelchair ramps and uncovered decks or
balconies mav extend inlQ a reglired structures sstback up to twenh• aercent
of the depdi of the sctback However thcv mav not be v%ithin [hree feet of a
lot line whcn a setback is recluired.
2. Full Pn►iections Allowed.
P)j,v ►9.7i~ :inieadinu rrc~jec~,ions ica rammercixl at~c~ uuj►~triail z~?r►ey Palt~ 1 ~11*5
t{;\a 0 ac I t-t 8-MC AIMMFp 19 60 19 70 emeod pEpl -
'o = ~4-Meaq+H•••--°i- ~t~{~tr~4~zn~,
' • , ll;- ~.t.l1 U -1---i _.;.._i:=:,._c ~c.l;~,;.., - - -
c 'ix ~ Fr:..~:.:+~i:~-Lpk L':_ _:::...~e . _ _ F ' - - - - -
1❑ .:ddition tO SubtizclIun 19_60.(1]00 I the fullu%% inc ieature; a:e all0%%ed
to pruin:i fartlier into the required structure set ack:
aC,anonirs marauees awnin.gs and imilar features mav fullv extend inco a
stmet sett!ack ttnd may extend inta the public right-of-w•ay subject to the
reyuire ents of tir buildingcode and adapted street 5tnndar~.
b. Uncovered stain+ays e_-~wheelehe ~~es-that lead ta one entrance on
the strert- c' de uild' ay fully ex nd into strett
sciback. «rhe;~lrh,iir r~uYms arc allmN-eil rt
on Titir 24. c,f th{ ',SV11('_L3uil:ii►i. G,;l~
e. Uncuvtred decl:s and stairwa}l that are nu imm: than f'art%-t%vi, inciies
a ove the sround may full}• exttnd into a required structure setback: and
d. On lots that slvpf, aovr-n fram ttie 5trl~g. vchicular and pedcstriun eatrl.,
brid¢ec ftt are no more thun fom'-twv inches ak►ove the avernge sidewalk
elevatiun ma..y fullv ettend into a requireAJ structure setback
e. Balconies mav extend into public rights-of-way as allowed in the buildin~
code and aciopted sueet standards
f. Attached mechanical equinmcilt such as heai puttip.s air conditioners
emerg.enc%, gGnerstors and water pumps are allowed tu pcQject into lhe side
or rear vard set~iack onl`,
19.70A 10 Light lndustrial
A. 'fhe Light Industrifll designation is a planned industrial area with special emphasis
and attention given to aesthetics, landscaping and internal and community
compatibility. Typical uses would include technology and other low-impact
industries. Light industrial areas may also include office and commercial uses as
ancillary uses wzthin an averall plun for industrial development.
B. Supplemental Regulations
l. Thc outdoc►r storage pmvisions cantained in SVMC 19.60.064(B) shall spply
to the I-1 district.
2. Mobile food vendors shall bc lacated on/within designated areas which do not
interfere w7th parking or internal circulation %ith pernussion of the praperty
owmer, health certificate tind permit.
3. Setbacks:
a. Front and flanking street yard setbacks shall be 20 feet; and
h. Side and rear yard setbacks of 35 feet are requircd only adjacznt to
residential zoning districts. (Ord. 07-015 4, 2007)
4. Thc following structures may be erected above the height limits of this Code in
the Office, Commeccial, and Mixed Use zanes, providsd; (A) The structure is
accessary to or gart of a building which is a permitted use in the zone; (B) The
swcture complies wzth the height limits in the Airpart Overlay zone; and (C)
No residential use of the structure shall occur abnve the height limits
prescribed in the aone.
11) ;II ilt]le[lalliL' D10 CLL1UIh!- 1L Ck1IlllilVC%~1:11' :i11j 1'di.'i 2~,•: ~
~b.packct 11 • 15-08'JC 11i~bi:D 1960 I4 70 atncnd prolestions rcfuse 9-25-08.docP-,C-emfniin'tw
-ri~'~~{~. =~'i~l-~^TfzT't:S--~~~-iCTlF1l~ktt~T_^~'(1x'~!(' ~-3l1{:.~ . •_i'_ cr... _ . , . _
~ a:. Penthouses or roof swctures for the housing of eievators, stAinvays,
tanks, ventilating fans, or similar equipmeni to opcratc and maintain a
building.
~ N. Fire or parapet walls, skylights, flagpoles, chimneys, church steeples,
bclfries, w-ireless masts, and similar struciures.
~ c.-~. Stnutures such as silos, feed mills, batch plsnts, and futed cranes which
are used in a cnanufacturing process which utilizes vertical processing end
storage of materials.
ci.. Water stand pipes and tanks.
5 Tbc followtitt.,g fealures at he.d Io airuciureti :ur allowyd as cxcepiions W the
sctback stan(iards• Minor Project,ions Allowed.
a Minor features of a structure suc:h as eaves chimn!as fire escanes. bay
wn^~o,ovs no more than 12 feet lang~and wliich cantilever teyond tlie
Ay& whrelchnir ramvs ttnd
foundation of thc ructure uncovered staity
imcQVered dccks Qr balcoairs mav extend into a required mctures
e~ack up to tweaty..,ySrcent of the deVdi of the sethack. Howzvec. the
v not be withitt tht'c feet of a lot linz when a setback is reQUired.
b. Full PrLo,iections Allowetf,
Ia additian to subsertion 19 60 p1M)(1) the followin,t fcatures are
allovved ta pMjeci farther into the tsuuired strticture sethack:
i. CanopieS marg.uces awning and similar features may fullv e,~tend
into a streel setback and mav extend into the public richt-af wa~'
subjj„ect to the requirements of the building code and adonted stretc
standards.
ii. Uncnvered stainvays ma `'e''r_:' 'rt:`ff!-tha1 lead to one entranze
on„thc strret-faCing taode of a building ma.Y fu11v extcnd inta a street
setbaci: Wh"lchair ronips are nllowed to 1::'."_~1,_
hased uiti T itle 24. uf tlic_SVNiC. Duildinc Co.1._,
iii. Uncavered decks and gaimavA that are no morr ah~ui fort` -t"vO iDches
abnve the ground may fully extend into a required structure setback:
and
iv. On -lots that sl ypg dawm fram the stnet vehicular and pedeytrian cnu-,
br' gNs that are no morc than fortv-two inc;hra etbove the avcra}:e
Sidcw'allc elrvatian msv fully extend into a riauirrd swcturr setback.
v. }3alconies mav extcnd into public riehts-of-M ss alloH-ed in ~Ili;
builJing.c:vde and adppted stteet stan~iards
vi. Attached mcchanical equipment such as heal pumps, ~it ~ondilivners
emrrQency Qenerators and water pumps are allowed to project into the
side or rea~vard $ethack onlv.
19.70.020 I-2, Heovy Industrial
A. Heavy lndustrial designated propecty is chsiracterized b}• intense industrial
activities which include manufacturing, processing, fabrication, assembly, frcight
10.60 19.70 ~rTir~~~tine ?folLcL1UILti IIl Ci!IilIi]erriaal and indll'ilritil llllli5 PaQ~ 3
A~+IEN1?ED 19 60 19 70 emend Itmiec3ipns nfitse 9-15-48.
n 21 nc 'r.,~
• - • -----.~a►m•
hnndling and similar operatians. Heavy industnl may have significant noise, odor
or aesthetic impacts.
B. Supplemental Regul$tions
1. I-2 sllows any use permitted in the I-l wning district, except as speciScally
provided in Appendix 19-A.
2. Mobile food vendors shall be locateri onhvithin designated areas which do not
interfere with intemal circulation with permission of the propert}• owner,
health ccrtificate and permit.
3. The foilowing structures may be erected above the height limits of this Code
in the Office, Commercial, and Mixed Use zones, provided; (A) The structure
is accessory to or part of a building which is a permitted use in the zone; (B)
T'he structure complies with the height limits in the Airport Overlay zone; and
(C) No residential use of the structure shall occur above the hcight limits
prescribed in lhe zone.
~ 1.3. Penthouses or roof structures for che housing of elevatnrs, stairways,
tanls, ventiladng fens, or similar equipment to operate and maintain a
bui lding.
~ Fire or pazapet walls, skylights, flagpoles, chimneys, church steeplcs,
belfries, wireless masts, and similar structures.
~ Swctures such as silos, fced mills, batch plants, and fixed cranes wiuch
are used in a manufacturing pracess which util'ues vertical processing and
storage of materials.
4J. Water stand pipes and taaks.
4. The follo%v-inu featurrs attaclied to slructures are allowed as exceptions to the
SiIhBCk StEtJICI3fd5:
1. Minor Projections Allowed.
Minar features of a struc ure. such as ravcs, chimngvs, fire escapcs, k►a~~%indows, no raore than 12 feet lung and w•hich c;antilever bevond the
fuundation o ttte structure uncovered Stainvays wheve-kh ' d
tincovcred deckS or balcanics ma,y extcnd into a reqwred structures
setbac • u,p to twent)-,pcrcent Qf the depth of the setback However they
ma): not be within three feet of r+ lot line w•hen a Wbteck is reguirrcl.
Wheclchnir ramv. arr allu%tird lu tiru'ect_intn thc setback. hascd ot7 'I_iIl:
?1. of the ~~''h•1C. BtllI411T1g Code;
2. Full Projections AIIowed.
1❑ acldition to subsection I 9.b0.01 Uff)(l). tiie following fratures arc
allowed toproject fs;rther into the required structure setback:
a. Canop,ies mnrquees a%vnings and similar features ma -Y fully ex-tend
into a svect sethack and mu~• e~ct~nd into the public riv1~t-o! wav
subject to the requirements of the buiiding code and adoRted street
standards,
b. L.iocuvercd steir%yavs and wheelch:iir ramps that lead ta one entrAnCe
on the street-facine facade of a buildine mav ful(v extend into a street
setback.
19 _60 19.7u aIil:ili]IL`~i`;~~~~:ll~.1fl? lii ♦~'tC1I17~i~1.i~ .fJil~ ll1L~UtiII1:tf l~711c~ 11d1'C 4 u1
H•Aendapnclct 11 •1 08TC AMEh17F,D 19 60 19 70 artxnd orviectiunsmfvss 9-25-08 docf~MMIk!tiw
i ♦ u~- Il~."~S
armw `yi (8 J)C-~ 44a4-0-14 deep- q
S:i' lt; 14
e. lInCOveretl de:;ks and swin~avs that 3re nc~ mcire thc►n ti,rtN•-t«c, in~hes
ataove thc eround mav fully extend intn u reauired structure se~ct:'
and_
d. On -lots that slone doHn fram the steeet vehiculat and pcdrstriun entry
br,idges tbat arr no otr than foctv-two inches Above the averaa
sidewalk elevation mav-fuUv ertend inta a reauired structure setback.
e. Balcnnies mav extcnd intopubiic riehls-of-way as allowed in che
building code and adopted street Swndards
f. Attached mecitanic-d Nuinment such a.S hexi pumps air conditioners,
emr,rgcn£_generatocs and water pumps are alli~lyed to proiect inio thc
side or rear_vard sethack S!Dly:
1~~~~1 ~~~.IU dlI1Cll~llll~: iito fi~- I('i Lkl(1'itilgkj.tl :111d IUtIUslil.tl 10:tr> 1'ci1O t'1 {
N L.eeeftackrt I1 t8-0S%pC aHDnED 19 6019 70 emaid =joctiom rcfliu 9-25-08dooP+~~3~
C-~~~~'---...z.:,~~.n.~ _ nn ~t no ru-cna.p~3p,6p~.y
, . . •!L^Riil~~~ t i~_}u,M~:-~4=~Nie±;.??3-_,Lj~~,{t±a{4~i1._?SS'.F' .i...
Chapter 19.120
PERMITTED AND ACCESSORY USES
Sections:
19.120.010 General.
19.120.010 General.
Uses are classified using the 2002 North American Industry Ciassification System (NAICS) published by the U.S.
Census Bureau based on category and subcategory. Subcategories include all uses not identifred separatety by specific
number. Uses may be permitted, be subjeci to conditions, or require conditional or temporary use permits as shown in
Appendix 19-A, the scheduie of pemnitted and accessory uses.
Mixe Corrid Gard Nelghborh Commun 1-1 1-2
R R R R M M Schedule oi Pennitied d o~ Cfty e~ ~ ~ ~ Reglonal Commun ~ H~ Reterence
NAIC NAIC Commer tty
- F. F. S~ S S Uses ~ Mlxed Cent ~c ce Commercl Commer ht vy Conditlorts
1234 1 Z Appendlx 19-A Cent Use er e al cial ctal Faciltty Ind Ind
er
Adult entertainment Chapter
~ 71 711 stabllshment 19.80 SVMC
I un retafl use v` v` h~~
45 '~3 ablishmerrt 1. SVMC
cuttural prOCessing
( 31 311 lant, warehouse
~ 33 133IB41 mmft manutachuing Ir
~ a8 48921 rstrip, private !F' It?
~ 82 82191 bulance service IP IP IP IP IP 1P iP IP
~ 54 54194 Irrsal ctfnEclveterinary IP vS tP !1' 19.60, 4(B
I 31 31361 nimal processing facility tp
~ P~gclofl5
EXCIUd1ng
NAIC$
FraWng andfar v~1S1Mne.
I v v ySvSvS 11 112
SVMC
19 40.1 .
g1 g1291 im~ shetter I r
31 311i^~t slaughierin9 and I~'
IP IP IR
45 45382 que stOf+e
q•4 448 pareUtaibr ahop ►i? IF' IP tfi ►N IP
nly if
anufecture
~ 44311 IP IP tF IP A A
Wed
ises.
33 33522 pplia„c~s IP iP
a~~M
45 4b392 Art gallery/studlo IP IP IP IP !P IP IP
32 32412 ~h
~
a~~~~
33 333 mbly - heavy 33 334 bly - Ilght I? IP Ir Ir tn
-11 ~ 1P !P 62 ~2 1 Ifrring facUity I IP IP I~'
45 4533 ud{o~ houso IP IF, Ip
uctlort yard (exduding 1P IF'
45 4533
~ock) 1P
I 11 1152 n yard. Civestodc -
I f~
~ 33 3361 Automobile ssaembly
ant
]JLL Automobile Impotnd
~ 92 922 e~
~ f'r_2 of 15
mobi{e/IigM truCk ~P IP u= IP
~ 44 M 1 sales and service _
~ 48 4853 utomobile/lexi rerttel IP IP IP 1P IP Ir IP IP
Endosed
NM
sb-UC
81112 utomobileltruddRV/mol
I
81 1 orcyGe pairtting. repair. vs lr I(' Ir nly. SVMC
19.60.050(8
body and fender works (3).
44 4413 u~~live parts, IP iP IP IF
~ accessories and Ures - - - - -
~ 31 131181 B&kary products IF' I~?
manuiactwing
Floor area
limited to
10% ot
I q,q 'N529 ry, li' IP IP vs vS IP IP I~? A AGLFA not to
r ~ xceed
1,000 sf.
52 52211 Bank, savingsAean and ~r IP li? Ic~ I? IP-_ IP tP IfIf'
~ er flnancial Insiitutlo - ~ - -
~ 81 8121 Berberlbeatrty shop fP Ic~ tF A I!' 1F' If If' IP
IP
~ 33 33591 Battery
retwf{di manufacturi
I f F' f' f I(' IP 72 72119 Bed end breakf8st IP IP IP
~ 11 11291 Beelceepfng. commemlal IP
VMC
v v v 11 11291 8eekeepng. hobby 19.40.150(C
I S55 ~
I-- 45 4511 BiCyCtQ SeleS18@rvIC@ 11-1 IP IP Ir^ r il' IF' IP IP
I 33 133661 18oat building, repair and IP 1P
1 maintenance
~ 44 144122 lBoat saleslaervioe I~~ ~F,
I {>:1_L'C_ i ti~ ~ ,
4512 8ooit/ataHonery store IP IP {P IP !F IP l~_ IP
~ 3121 Bottiing PtaM IP IP
IP IP IP I'
( 71395 Bcn~rling alley IP I F'
IP IP IP IP IP IP IP
M77
wery, micro
( 722 Bne
Ic~ Ir
~ 31 3121 ~~ry. ~or IP_ IP IP IP IP
I 33 33999 Broom manufacturing t~ tt~
BuElding supply and ip ir~ I P
~ 44 4N1 home im vemeM - - -
I '4'4~ ~ ppn(g~p~y lp !P IF IP 1P IF? IP Ir'
71 71399 mivel, dreus T T T T T T T T
~ 32 3219 CatpeMer shop IP IP IP I{~
I ~ IN174 Carpet and nrg cleanin9 IP
0 IP
plarft C
81119 IP IP vS IF? IP I~ If? 19.60.040(8
~ 81 2 1ICar*mh - -
~ 71 7132 [Lasina 1P {P tF IP
~ 4b 45411 ~Cetalog and mail order IP IP IP IP IP
3 houses
~ IF' Ir 72 72232 CBteri SeNices IP IP IP IP IP IP IP
i ~ Cemetery and IP
( F' P I 1 P P 81 $122 crematories
I
45 45111
2 Caramics shop IP IP Ir IP IF'
I 32 325 ChemlcaaP
anufacturing
I hurich, temP{e, mosque.
i I 1 I IF IP 813 ynagogue end IP IP IP IP IP IP IP IP
I~ P P P - arsonap ^ - -
~ 44 4481 Clothes, retail Sales I^ iP IF' IP IP
~ PA C4o1'15
~ 49 49312 Cdd storagelfood lockef
~ 81 6113 College or university IP IP IP 0"1 IP IP !P !F
~ 51 517 COmmunicatlon ip ip IP IP tr Ir3 IP
sen►icelsafes - -
Communicationa
~ 33 33+42 quipmeM IP Ic? V IP
manutacturi
IP 92 9922 Community fadlides lr~ IP IP IF IP I? Ir IP {f' IP !F'
Community haN, club.
I F<<_~ 1E= 81 8134 odge ar recreationa! IF' IP IP IP IP {p IP If
- acility
-
Cammunity resideMial
I 62 6232 lity (6 or less
facc;i
PPP 1dents
Community reslderrtial
I i
IP t? 62 113232 aciUty (greater than 8 Ir
~sidents, no mcxe than
25)
Composdng ir
~ 58 58173 torage/processing.
mmerciai
~ 54 54151 Camputer serviCes IF I{' II' IF IP IP tP If~ !P IP
~ 23 2~ c«,a~cors yaro
i Carnralescenl home, iP I~
I IP 62 623
p Ip nursing home
~ 44 44512 Cornenience stom !P IP A A IP fl; ~t' IP If~
Cosmetic and
~ 33 339 miscelianoous ip IP
anufadurin
I`., ` f; IP !P 62 6233 Day «ae, eQult Ir IP 1r A IP IP li~ A A A
lC l 1 82 62441 D13y cam' child (13 ir ►P A A A A A
( C C C
- 0 children or more)
I Pttuc 5 of15
I I 1111 162441 Day care, chlld (12 IP IP If' A A IP IP IP A A A
I P P P p Ilplip 62 p ildren or iewer ~
( 45 4521 Qepartment/varlety atore IP IP IP IP IP
~ 44 44611 Drug Stwe lp IP !P A IP IP If? IP A IP
~ 81 8123 Drydeaners IP il? If? A IP IP IP IP
~ 81233 inen supPty RIaMaundry,
81 IP IP
,
etciel
~ 32 32111 Dry kiin ~r
I v v u Owelling, atxessory Svmc
J 81 814 epartments H9.40.109
- SVMC
~ 81 814 Dweliing, CaretBke!'s vs v5 19,60. (B
sidence (1)
~ IIP iP 72 7213 DwelthM, congre9ete Ip IP IP IF IP
I PP IP tF' 81 814 Owelling, duplex
C svm I p II? IP 81 814 DwelNng, mulMarnily IP IP IP uS vs 18. .020(B
SVMC
~ I I !
I f~ PP p IP IP 81 814 Itng, slngle-famiy vs vS 19.80.020(8
I P tP IP 81 814 Owelling, townhousa IP I? IE I~
ElaUelectronldcom
trcc
334 - Ipuecfi
teom ponent end IP tP IP 1F, IP tr
' ~ 335 system - - - -
manufatxurin assemb
32222 Em~PeP~ ~
~ IP IP
1 8 enufacturin
~ 71 713 EntertelnmenUrecxeati~on ap ip tP If`
faciAties, indoar
~ PaDc_G oC 15
~ 71 7139 En=ertDinmenUrecreabon I, I~, tP? IP IP
cifibes, outdoor
53 5323 Equfpment tental ahop IP ir, ip
~ 81 18113 Equipment sates, repair, ip IP IF, I~ IP
nd malntenence - -
~ 72 7222 EspressonBtte reieN IP II' IP IP IF` IP ii' J. t!' IP
service - - - - - - - _
a ~ > jF; Chepter
~ 92 Esse~ puaic raaiiues :.R >R - 19.90 svN+c
~ A 71 7a~~ ~~~~c club IP IP I~' A A IP IP IP IP A A
~ 32 32592 Explosive manufacturing
~ 49 493019 Explosive storage 1(, 1P
I~, IP IP 81 814 Famify home, adult 1P i~~ IP IP IF'
ir iP 81 814 Family home. cfifid IP ir- IP
44 44122 Farm machinery saies IE, ir~ ir
2 and repair
~ 11 11211 Feed lot
2
I 31 31;21 Feed/cereeUTlour mill
~ 32 3253 Fwtilizer manufacturfng ir
~ 81 81292 Film developing IP IP IP A A iP IP IP
I Fiimlcamera
44 44313 aWWservice IP IP 11? A A IP IP IP
1 45 4531 rtsi shop tf' !P IP A A tr' Ir ►P IP
~
~ 31 311 IFood product i Fmanutacturinglstora e
Food sales, SVMC
~ 44 44521 spedalty/butctmr IP tQ !P V; IP IP 19.6.D4O(B
)(3)
ishop/ment
~ I':ti~e 7_oC i ~
eVspeciel foais
l 48 484 Freight fotwardir~g iF' !P
~ 44 447 Fueling stsrion IP IP IP A IP !f? Ir IP
~ 81 81221 Funersl home ~P IP lP
~ 33 337 Fumiture manufacturir►g fQ IP
~ 31 315 Garment manufacturing I P IP
I 45 453 C,jft shop !F IP IP A A IF' IP A
I I i I I IP IP 1~' If'
P~ n~, IP ir 71 171391 Golf coutse
( C C C C C C 71 7Goff d~lng IP C IP i` IP
ngeltralnlng oenter
~ 49 49313 Grain elevata IP IP
I
44 4 Greenhouse, nutsery, IP IF IP IP tn IP
~n center, retail - -
svmc
'mnwq, vS vS Ir' IF? i B
~ 11 1114 Grewhouse
(3)
SVMC
~ 44 14451 Grooely store IP 1P iP vs IP IP 19.60.040(B
(3) svmc
~ 44 144413 Hardware store IP tp tP vs IP IP 18.60.040(B
- - - (3)
svmc
I 156221 Hazardous weste v~
1 atmeM and sto~ge 1.40.060
~ 48 4e12 Heliport ~r~
~ 48 4812 HeC~atop C C C C C IP
~ 45 45112 Hobby shop IP IP lP A li? IP IP
I
44 442 Home fumishings, retaii fP IP IP IP
aale
~ 62 8221 Hospital t~? IP IP IP !P IP
~ _ 62 62221Hospital.P cfiiatncand '~'p 'r
I Pa-ue-B of'_l 5
substance abuse
~ 62 162231 Hospital, spectaftY IP ►P » 1P i~' lr ir A A
( 72 7211 Hotellmotel 1P IP Ip If? IP IP fF' II?
I 31 31211 Ice plant IP IP
3
~ 32 32591 Ink manufacturing Ir
eyvelry, clodc, muslcal
~ 45 45322 inshument essembly, iF' i~ ~F~ A IF If? IFi~' ~r
sales/aervice
See zo~ing
81291 Kennel, indoor kennel, vS v~ ~ vS !F IP istrida br
81
~ oggie day cere fadlity nditlons-
Laboratorfes (Bio Satety I P Ip
~ 54 54138 Level 2 -
54138 Laboratories (Bio Satety i►=~ i~
54
~ Level 3) -
~ 54 54138 Laboratories (&o Safety
Lsve14
62 62151 ~bO~odes, medical ~P IP IP IP IP
~ nd diagnostlc
~ 44 44419 ~~Ttaterials IP IF' If? I{'
~ JA A A 81 1812031 Lawdromat iF A IP IP 1F~ !P
~ 44 4453 Liquor siore 1P IP IP A A !P !P
, I 56 156162 Lpckgmith IP IP tP A A tP IP IP
2
I 32 13211 ~m~ mill. sawmill, IP
shingle mifl, ptywood mifl
~ 33 33271 Machine atwp lr IP
( 33 333 Mechfne/machinery IP IP
manufachrri ~
~ 23 23811 Menufadured hame
5 bOcatlon
SVMC
vS vS 81 814 anufactured hortw park 19.40.13
~ 45 145393 ManufacbmW tP IP t~
Manufacturing, IF, IP
~ 32 327 nmebilk metal - -
rocltxxs
45 458~ MartceL outdoor T T T T T T
I 62 118141 M~~ ttMNBW IP IP IF IP 1F' IP 1? I?
sh cannfng. 1~, i~,
( 31 31 B cutong, cunng and
in
Medicai and laboratory I 33 13391 instrument/aptsratucamp IP IP Ir
r;?tus manufacturing J
edlcal, dental, and
~ 42 42345 ospttal equlpmeM lP IP ►F' A IF'
si,t I /sales
62 16214 MedicaUdernal cEinic IF' !P IF IP IP IP Ifi If'
I
~ 62 621 Medical/dentl3l oftice IP I? IE IP IP IF ~r- IP
~ 33 332 AAetal fsbrication - IP If'
~ 33 332 Metal platlng
~ 33 332 Metal processes. hol IP
Minerai produd
( anuFaduring, I p
metapk
~ 21 212 Mining
ning
~ T2 Q33 MoMle tood vendo~s vS vS vS vS v5 vc vS v'1 L fortts.
LC
~ Page 10 « f I s
T T T T T T 23 236" Model home uniis
I 71 71211 MusetJm IP IP IP IP IP If IF' Ir
( 45 45114 usic store IP IP IP A If' IP
~ A A 56 561 OEfiCe IP IP IP IP IP !P IP 1P IF' IP IP
45 46321 IP IP IP A 1F' IP !f' IP
~ suPP~ies ~ 99 999 ecreHfional IP !P
vehlc{e use
Orcttiard, tree farming, It~ iP
~ 11 11113 cornmerdal
~ 32 32211 Paperr/pulp mills
I qg q859 parlc-and-ride faclltty I IP 1P IF IP IP Ir Ir !E'
( 45 5pawnshop 3P IP I? IF'
~ 81 812 Personai service IP IP IP E^ IP IF IP IP
( 45 45391 Pet shop IP IP « A ir ~r-
~ 32 132411 Petroleum arid coal If'
products manuFacturing
~ 54 54192 Photographic studio V i p IP A A P i F' i f'
~ 32 132511 Ptastic and nubber Ir
products manufacturi
I 32 32619 Plas6c injecbon molding, I F,
8 thetrnoset
I ~ 32619 Plast~c injection molding, ~t~, JF~ IP I~ i~
9 thermoplastic - - - ~
~ 32 32819 Plasiic injection solvent in
9 olding
~ 49 491 Post offtce, postel center IP IF" li' IP IP li' IP IF? lF' IP
Power plaM (exduding IP
~ ~ ~1 pubifc utility facilibes)
~ 56 56143 PrtM shop ir- 1r A W 11' ~p ir' ip
1 1 o f 15
Println9, rePrograPh4cs' IP !F
~ 32 323 bookbinding services,
oommercial
~ 48 148MO PuliC p~ perkfng IP lF IP IP li' IP
~
I 1 1 1 PuCtic utAity dietrlbuti0n !c~ IP IP IP IP I? IP IP 1r I(' If7
l F'Fp}- IP 1P 22 221 lNdifty .
~ v v v v l,,,-)IvS 23 237 Publ~ utltity trensmisaion v5 vS aS vS v5 vS vS vs vS vS vs 19.40.030
tacitity
~ 71 71399 Racecourse IP IP IP IF'
I 71 71221 IP IP
51 5151 Rad0r7v bmadcasbng IP m IP IP IP IP
~ studio - -
I Raiiroad yand, rePair IF'
14821 shop and rourxlhouse
( 72 17212 ~IRemabonsi vehide C vS 18 svm
80. .060
Recxeatbnal vehide
M 144121 IP IP
~ sales and service
I t I 1 I fF P t4'
~ If? IP 51 51511 epeaterfacfiity lP _ IF - IP IF I- -
~ 72 7222 Restaurant. drlve-in IP IP IP IP If! IP
I Restaurartt, tfrlve- Ip Ic'~ A C IP IP IP !i?
72
~ through
~ 72 722 Restatmertt, fuJl sovioe IP IP IP A IP IP IP IP IP IP
'tnited to
tetns
~ 45 453 IP I~' A IE~ IF' I~' A A nanuhx;ture
- - on the
f8es.
~ 71 71399 'ding stabie tr li?
~ 33 33122 Rdling mlll Ip
~ 31 31459 Rope mantrFactudng
~ Pacc 12 of 15
~ I
I 32 32521 Rubber roctamsticn, I~
2 manufacturin 1(abricetian ~
I I I I I ir IF 61 6111 SChOOIS, puWfC S!'Id IP IF IP l(' IF' t1'
F/? - ptivate. K th h 12 - - -
Schools, protessfonal,
~ IF' 61 6114 ocational and tratle If` IP 1F ~P IP IP IP IP If~ IF~
_ schools - - -
If~ IP I
~ ShoWroom {P IP IP IP
~ 45 4533 ~~hand store, Ir IP lF IP IP tP
consi nment sates
~ 33 33995 ign IF
manufacturinglrepalr
~ 33 33995 Sign painting shop IP IP ~P
ap and deaning
~ 32 132561 ICS00mpound
manufachtring
C
~ 56 156292 l~ ~e vS 19.60.060(B
ingltransfer site
Adaptive
rouse of
e)d
sb^g
Specialized
~ 61 6116 traininglleaming schools ~ t' ~ ~
or atudios lY~ NO
xpansion
tiowed.
~ li' IP 49 49319 l0~9e ' ~-5e~ IP I' I~
_ •l•
~v
~ 49 493 ~e Storage. ~ general - vS vS vs v~ IP atricts for
condiUons.
I enk storage. LPG v5 v5 v~, vS vS v5 vS V._ SVMC
bove und - - 2140.060
I 21 21311 ank starage, critical ~C
2 malerial above grountl 21.~s0.060
~ pa1'_~ 13 ti[_I 5
I 121311 ank stwage, critical v; ovuc
21 2 material below round - - - 1 4
31 3161 anning, amng ot Mdes ir
( and skfns
~ 72 7224 avem iP tF tP {P
I 8xidetmy I{? IP
hapter
v v v vS v~~ elecommunication yS VS vS C vS v5 vS C vS v`.? .120
I v 51 15,72
~less antenne erray - - -
- - hspter
22
vS vS v5 C vS v=. vS C vS v`~ .12
~ C C lclcl C C 51 15172 ~~Oreless "~munlc support aUon tawer S
VMC
~ 31 31411 extile rrr~nufacturing IP IF>
~ 71 711 eater, indoor IP tP IP IP IP IP IP
~ 71 711 Theatef, outdoor It? Ir ir
I
58 , recap and retread I~~
56292 manufacturin
VAAC
I v v ~ v yS vS 51 5179 ower, hem operator vS v~ v~ C v5 vS C vS vS 19.4 .110(A
SSS~ - - -
SVMC
I 22 122111 awer. wind turQine c vS v:'• vS C v5 v~ 0 1 (8
9 support - - -
~ 48 4851 raRSlt oeMer IP IP IP IP tr" IP IF' Ir Ip
C 72 7213 rar►siUonel housi
I 44 144122 nick sales, rental. {r It?
2 ir and rrrafntenence
I M MS -ruck stop IP IP
447
~ 81 81142 UpholEtery Shop IP Is-' IP !P IP
p'Nve
~ 49 49311 aehousing A v5 A IF, 11-1 xisfing
trucitrres
~ F'agc_ 14 01' 1 S
No
expansion
Ilovwed_
~ 32 321 W°°d product I►'
manufaciuring
5.0.
(B
0
ftecking, sahrage y~ardisg. Junk C v~ 60(B
~ 56 56292 d
A Accessory
~ P Permitted Use On
T Temporary
~ n-RF4 Regional Siting Pamnlt
C Conditio~tal '
~ vS Conditions APpiY Use PeRnit ~
(Ord. 08-002 § 1, 2008; Ord. 07-015 § 4, 2047).
I f'a~e 1 ~ 01 1~
~ `r,..'.:..••`.•"'Department of Community Dc~•elupment
~ ~
j~ . Plannina Division
City Council
lst Reading
Amendments to the Spokane Valley Municipal Code
November 181h, 20Qg
R~ """"1 '111,4Y/ Department of Community Dcvelopment ~
jPlanning Dhision
.
Information
Background
• September 2501, 2008-Planning Commission Study Session
• October 71", 2008-City Counci 1 AdTninistrative Report
.
DcPartment of Community Dcvclopmrnt
~ ' I'lanning Division
Proposed Amendments
• Section 19-A (Schedule of Permitted Uses) to allow medical/denta.l clinics to locate
in the Garden Office Dis11-ict.
• Chapter 19.30 (Changes and Amendments) Remove item 7 which requires that there
have been substantial changes in an area since the adoption of the code.
• Chapter 19.40.120 (Manufactured Housing) Update the required roof pitch to reflect
what is required by state law and add a provision which would allow the replacement of
existing single wide manufactured homes under certain circumstances.
• Chapter 19.40.020 (Residenfiial Standards) Update the matrix to allow for a reduced
duplex lot size, correct the l.ot width in the MF- l zone so that it is correct
mathematically, and updaie the matrix to include information related to the setback of
structures from a private driveway easement.
• Chapter 19.40.010 (General Provisions) Add a provision whieh would allow certain
accessory sfiructures to encroach into the required setbacks and add requirements related
to the placement of outdoor lighting in residential areas.
E-OO!~ Department of Communit~~ l)evclc~pmcnt
Plannin~ Division
d Amendments cont. . .
Propose
• Chapter 19.70.010 (Light Industrial District) Add a provision wilich would allo~N,,
certain accessory structures to encroach into the required setbacks.
• Chapter 19.70.020 (Heavy Industrial District) Add a provision which would allow
certain accessory structures to encroach into the rcquircd setbacks.
• Chapter 19.64.010 (General Requirements) Add a provision w}iich would allow
certain accessory siructures to encroach into the required setbacks and add a
requirement for the screenin~ ot refusc storage areas.
! :II:I.:T'4•11..
Departmcnt of Community Develnpment
;00val Planning Division
Appendix 19-A
of Permitted Uses
Schedule
Schedule of MUC CMU City Center Garden Office
Permitted Uses Office
Appendix 19-A
MedicalCDental P P P P P
Clinic
Tl..t ~.'r~'•.•~~ ~
Dcpartment af Community nev~~lc~~~ment k ~
r~
~UI Planning Division .
Garden Ottice
~7%-
~
,ijr,►' '~'f' T ~.z~_ , - ~
~ I^ '~'S9~'l~ f ,~~:7!'~.''=-~ .lti•. ~ti i 1~, ~
J } 'F - . _ r~ :M~ - . . " _ 1 ,
r .-3- t i , t ~ ' _ " - - ,~r ' ~}'ti-_-•--_.~.. .
1 J • i .}r" ~ . ~ ~J ~ -u :1 ,r5~.}:' " ~
TL_
~ ^ ..i.' 'J - • j ~~1~~-- - ~ ~
? , ~ i ~ ; 11~, _ ~;u,y~ S ~ • ` :
.+M4
l~~t~~ •w ~p. ~ : - '<1~-1'• '°l
-.T r~ _ y- _ . rr ~ • ' ~ ~
I ~~....~.t - 'j- { ~ • ~ .,~r{°~:~
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Chapter 19.30
Changes and Amendments
19.30.030 Site-specific zoning map amendments.
A. Site-specific zoning map amendrnent requests may be submitted at any time. Site-specific
zoning map amendments are classified as Type III development applications and shall be
processed pursuant to SVMC 17.80.140.
B. All site-specific zoning map amendment requests must meet all of the following criteria:
1. The requirements of the Chapter 22.20 SVMC, Concurrency;
2. The requested map amendment is consistent with the Comprehensive Plan;
3. The map amendment bears a substantial relation to the public health, safety and welfare;
4. The map amendment is warranted in order to achieve consistency with the Comprehensive
Plan or because of a need for additional property in the proposed zoning district classification, or
because the proposed zoning classification is appropriate for reasonable development of the
subject property;
5. Property is adjacent and contiguous (which shall include comer touches and property located
across a public right-of-way) to property of the same or higher zoning classification;
6. The map amendment will not be materially detrimental to uses or property in the immediate
vicinity of the subject property.
7. Circumstances have changed substantially since the establishment of the current
zoning district to warrant the requested map amendment; and
8. The map amendment has merit and value for the community as a whole. (Ord. 07-015 4,
2007)
Department af Communit)r Dc~•clr►rmcnt
~ Planning llivision
Chapter 19.3 0
Changes and Amendments
19.30.030 Site-specific zoning map amendments.
A. Site-specific zoning map amendment requests may be submitted at any time. Site-specific
zoning map amendments are classified as Type III development applications and shall be
processed pursuant to SVMC 17.80.140.
B. All site-specific zoning map amendment requests must meet all of the following criteria:
1. The requirements of the Chapter 22.20 SVMC, Concurrency;
2. The requested map amendment is consistent with the Comprehensive Plan;
3. The map amendment bears a substantial relation to the public health, safety and welfare;
4. The map amendment is warranted in order to achieve consistency with the Comprehensive
Plan or because of a need for additional property in the proposed zoning district classification, or
because the proposed zoning classification is appropriate for reasonable development of the
subject property;
5. Property is adjacent and contiguous (which shall include comer touches and property located
across a public right-of-way) to property of the same or higher zoning classification;
6. The map amendment will not be materialfy detrimental to uses or property in the immediate
vicinity of the subject property.
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8. The map amendment has merit and value for the community as a whole. (Ord. 07-015 4,
2007)
nepartmcnt of Communit-v Devclopmcnt
Sp" ne
Planning Division
Chapter 19.40.120
Manufactured Housing
3. Comply with all local design standards, including the
requirement for a pitched roof with a slope of not less than
4:12, applicable to all other homes within the neighborhood in
which the manufactured home is to be located; and
3. Comply with all local design standards, including the
requirement for a pitched roof with a slope of not less than
3 12 applicable to all other homes within the
neighborhood in which the manufactured home is to be
lacated; and
Department of Communitti• Devclopmcnt
Pianning I)i`-ision
Chapter 19.40.120
Manufactured Housing
C. This section does not oveITide any legally recorded covenants or deed restrictions of
record.
A „new manufactured home" means any manufactured home required to be titled under
RCW Title 46, which has not been previously titled to a retail purchaser, and is not a
"used mobile home" as defined in RCW 82.45.032(2).
A"designated manufactured home" is a manufactured home constructed after June 15,
1976, in accordance with state and federal requirements for manufactured homes,
which:
1. Is comprised of at least two fully enclosed parallel sections each of not less than 12
feet wide by 36 feet long; and
a An existinq sinqle wide manufactured home mav be replaced with a"new" sinqle
wide manufactured home when replacement is initiated within 12 months of the date
of damaqe which represent less than 80% of market value, or removal of existinq
habitable manufactured home.
2. Was originally constructed with and now has a composition or wood shake or shingle,
coated metal, or similar roof of nomird4-4-- 12 3:12 pitch; and
3. Has exterior siding similar in appearance to siding materials commonly used on
conventional site-buift Intemational Building Code single-family residences. (Ord. 07-
015 § 4, 2007).
Department of Community Dcvelc►pment •
~~all Planning Divisiorl
Chapter 19.40.120
Manufactured Housing
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A Resickntial developmeat ahall meet the minimum ma and setback requsrementa, aad
mvximum lot co e and build' hei t re uirzmectts ahown in Table 19.40-1
Tabte 19.40-1- Rr:cidential Zone Ditnentioaal Standards (In Feet
R-1 R: R-3 R-d NIF- 1 NIF-: P'RD
Sin e F Lot 40,000 10.000 7.500 6.000 3.600 2.000 IIadcrlyia,g
Areai per toae
idParrIlsng ulJaif!
Chiplex Lot area 6,004 5,000
er dwtllm umt
Lot Vrt&h 80 80 65(4) SQ 5j 45 20 30
Lct Depdi 100 90 90 80 80 80 50
ront 35 15 15 15 15 15 15
Minimum Street Yard Setback
3
Garage S ec 35 20 20 20 20 20 20
(2)Q)
Rear Yard ac 20 20 20 20 10 10 15
1 3
Ss Yard ac 5 5 5 5 5 5 5
(OM
Opea Spaa 10% oss area
Lat Cmrerage 30.00/a SD.O"yo SO.OYo 55.00/a 60_d'3'6 65.04/e 60.0°Yo
Ma m*um B mg Hes 35 35 35 35 40 50 IInderlpiag
Feet) Zone
~ o acce:sory siucture a e ocate m or Ranking street srt ac
ceot less than five feet from side er rear yard.
e pragm ere e garage at es aat ace the street ma9 ave the um as
the pmctpal structure.
Setback: when adtaceat to a pnvatc road or drivewav easement, are cstablished from the
ankinR
tinncr edged of thc road or dnveway aad are thc same as noted above except the fl
road which woutd be fivs (5) feet. f,~..fP
a•~s+►men4-
4 U lex lots in R-3 zoaes ma bt a minimam of 60 feet in width
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Departmcnt of Community Devc[opmcnt
j - ianning Division
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Duplex Lot Si*ze
Reduced
Sin21e Family Lot 40,000 10,000 r , 3,600 2,000 Underlying
pueaRer sone
~ d=, welling u'.' nit!
Dup ex Lat area 6,000 5.000
er dvvellin~ unit
Lot Width 80 80 65(4 50 :5 20 30
Lot Depth 100 90 80 80 80 50
Front and F g 35 15 15 15 15 15
um Street Yard Setback
(2)L3)
Garage Se ack 35 20 20 20 20 20 20
(2)M
Rear Yar Setback 20 20 20 20 10 10 15
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MF- I Lot Dimens ions
Table 19.40-1- Resiclenti-,l Zoiie Duneiisiaual St~ndai•ds (In F
R 1 R 2 R3 R4 NIF-1 11r]
Single Familv Lot 407000 10,000 7,500 611000 3,600 27C
Are ane,r_
~dDwelling ulinit/
Duplex Lot areaper 6}000 5,000
dw?llingr unit ~ . ^ -f4 9 9
L.ot W1dt1'1 $0 SD 65 50 045 \20
Lot Depth 100 90 90 80 80 180
Front and Flanking 35 15 15 15 15 15
m Stre et Yard S etback
s~/~ Departmcni of Community Dc~~clc~Pment
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Planning Divisiort
Setbacks from Drlveways
Private Front and Flanking 35 15 15 15 15 15 15
Minimum Street Yard Setback
(2) 3
Gatage Set ac 35 20 20 20 20 20 20
(2)M
Rear Yard Se ac 20 20 20 20 10 10 15
(1)(3)
Si e Yard Sc ac 5 5 5 5 5 5 5
l,O en SPace 10% gross area
P
Lot Coverage 30.0°0 50.00/o 50.00/o 55.0% 60.00/o 65.0% 60.00/o
Maxtmurn B' mg Height In 35 35 35 35 40 50 IInderlyiag
Feet) zone
1 N o accessory structure shaU e locate in e ont or Hiik-mg street par aad s e set ba
not less than five feet from anp side or rear yard.
2 Attac e garages, ere e garage oor es not ace e stmet may ve the same setback as
the principal structute.
(3) Setbacks when adiacent to a privatt road or driveway easemeat, are established from the
inner edged of thP road or driveway and are the same as noted above except the flanking
road which would be five (5) fect. ~=-~31~~~=~=~~~=•~~~'-~`~'~~'-`'€~"'~`-'~`~
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llivision
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jVal Plannin Divisiorz
Proposed 4-Lot Subdivision
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Ylanning Divisiori
Chapter 19.40.010
General Provisions
19.40.010 General I'rovisions
A. No principal or accessory structure shall be locatcd within thc clear vicw triangle (Chapter 22.70 SVMG).
B. [n the districts where the Iteight af building is resbricted to 35 feet, cooling towers, roof gables, chimneys and
vent stacks may extcnd for an additional height, not to exceed 40 feet, above the average grade line of the
building. Water stand pipes and tanks, church steeples, domes and spires and school buildings and institucionail
buildings may be erected to exceed maximum height requirements; provided, that one additional foot shall be
added to the width and depth of front, side and rear yards for each foot that such structures exceed the required
heighL
C. No structure may be erected to a height in excess of that permitted by applicable airpvrt hazard zoning
regulations.
D. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone.
Guests map park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on
the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate
visiting guests and not to allow lhe recreational vehicle to be used as a dwelling unit. (Ord. 08-006, l, 2008;
Ord. 07-015 4, 2008)
F. (_)t,tdoor l ighting• Anv lights, whcther tree standinQ or attachc:d ta a huilcliny, or structure, which_illuminatc anv
outdoor area of a lot, shall be t~o5itioned, placed, constructed, shiclded or uscd so that the direction of the lipthc
i-, downwsrd and within the_property lines. Anv non-eonformina_1i~-,hts shall he diseontinueci within--a-period ot'
Department of Communit`~ I~c~-clc~pmc~nt
j~al Ylannin~ Division
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Chapter 19.40.010
General Provisions
19.44.010 Geaernl Provisions
D. Recreational vehiclcs shall not be usecf as permanent or temporary dwclling units in uny residential zone. Gucsts map
park and/ar occupy a cecreational vehicle white visiting the occupnnts of a dwelling unit located on the same lot for noi
more thnn 30 days in une consecutive 12-month period. llie intent is to accommodate visiting guests, and not to allow
the recreational vehicle to be used as a dwelling unit. (Ord. 08-006, 1, 2008; Ord. 07-015 4, 2008)
E. Outdoar Lighting: Any lig,hts, whether fine standing or attached to a building or sttucture, which illuminate any
outdoor area of a lot, shall bc positioned, placed, coastructed, sheilded or used so that the directioa of the light is
downwnrd and within the properiy lines. Any non-conforming lights shall be discontinued within a period of 180 days
from the effective date of this provision.
F. Ille l'Olll1winp- fcaturcs a«ichrd_cqSfftlcl!_T~:.;_;11"c_~f_~~i,'.':.l to 111e_:,~'i~~.l~l..
1;Minor Proicctions Allowcd: N1inor features of a sWcturc, such aS envcs, c.hmnevs, fin:_escakCS_ba\ \~Jncl~~~NN 111
mgrc thfln 12 feet long and,.;fiicti cantilcvcn ccvond the foundation of the structurc, umcavered stainvavs,
whcclchair ramps und uncovcrrd dreks or bulconics, mny e~tend into n rc~uircd structure s~tbnck u t~ o tcvcn!_pement of the dcpth of the setback Hrnvever thcv,mam~ not ix witliin tlvec: feet of a lol tinc ~vhen u setrar{. re~uirecl. Attnchecl mcch:+nicul eguinment such ps hentpumps, air rn►ic.litioncm.. emer,::ncy nrnrr7tnr`_and
..•,i~,~r ~,~+~7~~: :,r~ -ci! in nr«jrcl int~~ thc_~ic(c cir re,t.r ~;~Ih;tck ~~ni~..
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Plannincr Division
Chapter 19.60.010
.
General Requirements
19.60.0I 0 Gencral Rcyuiremcnts
A. Nonresidential developmenl shall mcct thc minimucn sethack and thc: maximum height
requirement shown on table 19.60-1.
B. Parking areas shall be paved and landscaped in accordance with Chapter 22.50 SVMC.
C. New development exceeding thrce stories in heiaht shall be provided with paved service lanes not
less than 16 feet in width.
D. All new development shall provide for shared ac;cess with adjacc;nt properties.
L. All outdoor trash arbalic and refuse stora e arcas shall bc screencd on aII S1dCS v15iL7Ic: Lo ,t,l,i;(,
vicws or riLytlts-ot=wavs with a rninimum fivc and onc-half (5 '/2) foot hiQh concrctc block o4-
masonry wall ar sight-obscurinp- fence widi a sialit obsclirinR Qite_and two (2) feet oi'T%~~;_i ~
niiirT in -ic:corci,tn('c iili Fi!1iire 7(1-R svN4C'.
:Department ~ of Community Development -
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Refuse Storage
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Chapter 19.60.010 General Requirements
Chapter 19.70.010 Light Industrial
Chapter 19.70.020 Heavy Industrial
The followinq features atiached_to -.1ructures arn ailowod_as_~xceptiqns to_the cetb.ack stanciards
1 Minor Proiectiorts Allowed_
Minor features of a structure such as eaves chimneys fire escapes, baY windaws no mare; tilan 12 ieet lonq anc(
which cantilever bevond the four►dation of the structure uncovered stairways, wfieelchair ramps and uncovereci
decks or baiconies mav extend into a required structure setback up to twentv aercent of the devth of the setback.
However, thev maV nat be within three feet of a lot fine when a setback is reqwred A
2. Full Pra'ections A11owed.
In addition to subsection 19.60.010 (F1 , the follovrinq features are a!lawed to aro1ect farther into the requirp-d
structure setback:
a Canopies marquees awninqs and similar features mav fullv exterxi into a street setback and may
extend into the public riqht-of wav subject to the requirements of the buildinq code and adoated street standards
b. Uncovered stairwaVs and wheelchair ramps that Ir_ad to one entrance on the street-facinq fa_gade of a
f;uitd;n!:i mav fullv extend into aWeet setbadc.
c. Uncovered decks and stairwaVS that are_no_morz tlian forty--two inches above the qrouncl may fu11Y
nd into a required struczure setback; and
d On Iots that slope down from the street, vehicular and pedestrian entrv bridqes Uiat are no more than
lortv-two inches above the averaQe sidewalk elevation mav fu~h► extend into a reauiretl structure setback_
t~ Palconif'^ may ext-nd_:ntnrinhtc-of-wav_a= allawrd in_the btailding code and idopted streei
standari)S
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 18, 2008 City Manager Sign-off:
Item: Check ail that apply: ❑ consent ❑ old business E new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: First Reading Proposed Ordinance 08-027 Amending 2008 Budget
GOVERNING LEGISLATION: State law requires a public hearing and an amendment to our
budget when we believe we will exceed our appropriations.
PREVIOUS COUNCIL ACTION TAKEN: The City budget for 2008 was adopted in October of
2007. Amendments to the 2008 budget were made on May 13, 2008.
BACKGROUND: Additional amendments to the 2008 budget are needed to allow for costs of
street maintenance and snow/ice removal dunng 2008. The maximum amount authorized will be
$500,000, however, we expect the actual to be closer to $300,000.
The second reading of the ordinance will be scheduled during the middle of Deoember so that
all needed amendments are captured prior to year end.
i
~
OPTIONS: Options include amending the budget or not amending the budget. The budget
should be amended to comply with Washington State law.
RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 08-027 to a second
reading on the December 9, 2008 council agenda.
BUDGETlFINANCIAL IMPACTS: None at this time.
STAFF CONTACT: Ken Thompson, Finance Dieector
ATTACHMENTS: Draft Ordinance 08-027 with attached Appendix A Salary Schedule
; ;
DRAFT
CVTY OF SPOKANE VAIX.EY
A"', SPOK.4NE COU1VTY WA5HIENCTON - - ' ORDINANCF, NO. 05-027
AN ORDLNANCE A-MEENDiNG ORDINANCE 1V0. 05-009 PASSED BY T'HE CiTY CO[TiYCTL
MAY 13, 2408, WHIClI AlVIE1VDED ORDIlNANCE 07-018 ADOPTED OCTOBER 23, 2007,
ENT1TLEI1 iiAN ORDINf#NCE OF 'IHE CVTY OF SPOKANE YALLEY, SPOKANF, COUNTY,
rvAsmm~GTorr, AnOVrn~G A 13unGEr FOR THE PEiuOn oF .rAvuAxx 1, 2008
THROUGH I1ECEMBER 31, 20 08, APPROPRIATYNG FUNDS AND ESTABLiSFIII'fG SALAFtY
SCHEI?ULES FOR ES'FABLY~HED POSiTrONS." .
YnMREAS, subsequent to tlie adoption of the annual budget and amendments thereto, it has
become necessary to makc changes by adding new revenue, transfers, amendments, and appropriati on s in
ordcr ta progerly perforrn various City functions, sen, ices and activities; and
WHEREA5, the budget changes set forth in this Ordinance could not havc been reasonably
an#icipatcd or known %When the annual budget was passed by the City Caurtcil; and
V4'kTCR-E.45, the Ci#y Cauncii has determined that the bast interest of the Ciky are served by
&mCnding the adopted budget to I'eflect antiCipa#ed 1'evenue, expenditures, transfers, fund balances, and
apPropriating same as set forf[h lierein.
NOW TBJEREFORE, the C ity Cauncil of Spokane Valley, Washington do ardain as follows:
S ecti on 1. Amended Revenues, Ordin ance No. 07-01$, as adop#ed and amcnded by Qrdinance N0, 08-
009, adoptcd the budget for tlie twelve montlis ending Decemb~r 31, 2008. Each item, revenue, transfer,
appropria#ion, and f.un d is hereby amended as follows.
A. Street Fund (101} af the 200$ budpt is amendetV to provide for additional revenue not to
exceed $500,000 in a tsansfcr frorn the wlnter weather reserve fund.
REVEN[.FES:
2006 es#,
Revenue & Fund
REVEhI[JES; balance as
FUNa Amended Amendment EtVDING
NUAABER FllhlD NAN7E h+4ay 13. 2008 #2 _ REVEPIUES
401 CPL[VERAL $ 42,074.400 $ - $ 42.D74,400
101 STR6F.T 5,922,972 500,001) 6,422.972
142 AR"['EFtJAI..S1'- 550.00D - 850,000
103 TRAlLS1PA'['fi5 30,000 - 30,000
!OS I-10`1'ELlMOTL-1.. 668,000 - 688,000
. 123 CIVIC FAC_ REPLCMT 397,000 - 397,000
204 DrWr SERVICE WQ,044 - 640.000
301 CAYI"E'1tiLPROJEC1'S 4,420,000 - 4,420,000
302 SPECIA[. CAP. P12.! 4.420,000 - - 4,420,000
343 5'TR6 ETCAP, PRJ 7,354,023 - 7,354,023
304 MCR.JtiBEALf FT. 454,00b - 454,000
305 STR£ET SONX] Yi2J _ _ -
~ 306 C0M DSY SI.K CJlt7r'T 245,000 = 245.000
307 CAPITAi,GRAFJ'I'S 11,347,000 11.347,000
3D8 BARKER RRX7CaE FEL1 5,862,$40 - 5.862,800
~ F~~Rl~5 CAYI"i'AI. FRJ
3Q9 4,260,404 - 4.260,000
Ordinancc 08-027 Amending 2008 Bud¢et Page I of 3
DRAFT
310 cIvtC Fn~ILI•rtEs 5,085,000 - 5,085,000
120 cENTE.RPr.acE oP. 335.000 - 335,000 121 SERVICL I.EV_ $Tr1.B 5,400,000 - 5,400.000
122 WIN'I`ER WEATHER 560,000 - 550,000
402 STORh'lWATER 3,760,OU0 - 3,100.000
501 EQU1F FkEl'L & R£S 7$0,000 - 780,000
502 RI3K MGMT 217,10D - 217 100
'I'QTALS $ 104.442.295 $ 5flQ,000 $ + 1 Q4,942,295
1"he new total of ail fund revenues arid beginning fund balances, xppropriated for thc year 2008 is
$ I 04,942.,295.
Sectioo 2. Expenditures Appropriatcd, To apprapriate the amendments froin the above estimated
revcnues and beginning ttnrestricted fund balances for each separate fund, the expenditure appropriations
for the period January ] througli'December 31, 200$ are amended as set farth below.
EXPETVT]ITURESIAPPROPRIATIONS; FkJND 2008 BUDGET AMENDMEh1T TOTAL
NUh+iBER Fl]Na NAN7E AS AMENDED #2 APPROPRIATIONS
OOl orNrR.aL $ 33,022,058 $ - $ 33.022,058
101 S'CKEET 4,242,304 500,DO13 4,742,304
102 AR"['ERIAL S-7". 950,000 - 850,000
143 TRAIL5(PATf3S 30,00D - 30,000
.
IQS HO'['ELlkMOTGL 668.000 - 668,000
123 C1111C FAC, REPLCM3` 397,000 - 3$7,000
204 L7E13T Sr. R►l1CE 600,000 - 600.000
341 CAP1T1tiL PROJECfS 4,420,800 - 4,420,000
302 SPECL4L C.4.P, YR1 4,42D,0DD - 4,420.004
303 Si'R.GET CA]'- P R! 7,354,023 - 7.354,023
304 MIKABEAU PT, 454,000 - 454,00D
~ 304 COM L)EV BLK GRNT 245,000 - 245,000
307 CAPITALC,RANTS 'V1,347,U00 - 11.347.000
308 [3ARK.ER BR.DC,E FGD 5.882,8OD - 5,862,800
309 PA.R" CAPITAL PRJ 4,260,000 - 4.264,000
310 CR'IC FAC1LITlrS 5.085.000 - 5,085,000
120 CFNTERPL1tiCE OP, 335,000 - 395,0DD
121 SERVfCELEV.S'TAH 5,440,000 - 5,400,00D
122 WIN'Mlt NVEATI3ER 50,400 - 564,000
402 S7-ORMWA"fER 1,983,9" - 1,983.W
501 EQU]]) kE!'L t$ R£S 780,000 - 780,000 ,
542 R1SK MG'N'!'i' 217,100 - 217,100
TOTAI,S ~ 92,533,2-29 500,4D4 $ 93,033,229
Thos amcndment includes increased expenditures due to street niaintena3ice alid excessive snowlice
retnoval from C ity streets du ring 2Q08,
The total balance of all fund expend itures appropriated for #he year 2008 is $93,033,229, ~
;
Section 3. Pasitions. The City of Spokane Valley's aUthorized full timc cquivalcnt positroris is
92.15 with the salary ra3i~e~ as sho%%m on the attached appendix A.
prdinance 0 8-027 Amcnding 20 08 Budget Fage 2 of 3
DRAFT
Section 4. Severabilitv. If any section, ssntence, clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidiry or
unconstitutionality shall not affcct the validity or constitutionality of any other section, sentcnce, elause or
phrase of this Ordinance.
Section 5. Effiective Iaate. This Ordinance shall be in full force and effect five (5) days after
publication of this Ordinance or a summary therec>f in the official newspaper of the City as provided by
law.
Passed by the City Council of the City of Spokane Valley this day of 22008
Richard Munson, Mayor
ATTEST:
Christine Bainbridge, City Clerk
APPROVED AS TO FORM:
OFfice of the City Attorney
Date of publiCation:
Ef~i'ective Date:
Ordinance 08-027 Amending 2008 Budget Page 3 of 3
DRAFT Appendix A DRAFT
EMPLOYEE POSITION CLASSIFICATION
MONTHLY SALARY SCHEDULE
2008 Salary Schedule
Effective 111J2008 ~
Amended 4114/2008
Positlon Title: `
Ci Mana er Unclassified
De u Ci Mana er 21-22 $ 7,818 - 11,137
Ci Attome 21 7,818 - 10,023
Communi Develo ment Director 21 7,818 - 10,023
Finance Director 21 7,818 -10,b23
Public Works Director 21 7,818 -10,023
Parks and Recreation Director 19 6,332 - 8,119
Human Resources Mana er 18 5,700 - 7,307
Planning Mana er 18 5,700 - 7,307
Buiiding Official 18 5,700 - 7,307
Senior Engineer - Ca ital Pro'ects, Development 18 5,700 - 7,307
De u Ci Attorne 18 5,700 - 7,307
Senior En ineer - Traffic, CIP Plannin IGrants 17 5,130 - 6,576
Accounting Mana er 17 5,130 - 6,576
Cit Clerk 16 4,616 - 5,918
En ineer 16 4,616 - 5,918
Senior Plans Examiner 16 4,616 - 5,918
Public Works Su erindendent 16 4,616 - 5,918
Senior Administrative Anal st 16 4,616 - 5,918
Senior Planner ' 16 4,616 - 5,918
Associate Planner 15 4,155 - 5,327 Assistant Engineer 15 4,155 - 5,327
IT S ecialist 15 4,155 - 5,327
Database Administrator 15 4,155 - 5,327 En ineerin Tech II 15 4,155 - 5,327
Customer RelationsJFacilities Caordinator 15 4,155 - 5,327
AccountanUBud et Anal st 14 3,740 - 4,794
Administrative Anal st 14 3,740 - 4,794
Assistant Planner 14 3,740 - 4,794
Buildin Ins ector 11 74 3,740 - 4,794
Plans Examiner 14 3,740 - 4,794
Public Information Officer 14 3,740 - 4,794
En ineerin Technician I 14 3,740 - 4,794
Senior Permit S ecialist 14 3,740 - 4,794
Maintenanoe/Construction Inspector 13-14 3,365 - 4,794
Recreation Coordinator 13-14 3,365 - 4,794
Cade Enforcement Officer ' 13 3,365 - 4,314
Building Ins ector I 13 3,365 - 4,314 '
Plannin Technician 13 3,365 - 4,314
De u Ci Clerk 12-13 3,029 - 4,314
Senior Center S ecialist 12-13 3,029 - 4,314
Human Resources Technician 12-13 3,029 - 4,314
Administrative Assistant 11-12 2,726 - 3,883
Permit Specialist 11-12 2,726 - 3,883 Accountin 7echnician 11-12 21726 - 3,883
Maintenance Worker 11-12 2,726 - 3,883
Office Assistant II . ' 10-11 2,453 - 3,495 Custodian 10 2,453 - 3,145 ,
Office Assistant I 9-10 2,208 - 3,145
H:laaendeaaCcet 11-18-UBlBudeet Comoens9tion Matrix 2008 11-5-48.x1s
CITY OF 5POKANE VALLEY
Requeat for Conocll Acdon
Meeting Date: Novsmber 18, 2008 City NLaner Sign-0ff:
Item: Checlc aU that apply: ❑ consent ❑ old business 0 new business ❑ public hearing
❑ information ❑ admin. rtport ❑ pending Icgislation
AGE.NDA fI'EM TTTLE: First Reading for proposed Ord'mance #08-028 for right-of-way vacation STV-
02-08 - Request m vacate approximatcly 390' of unimproved 50' Avenue beginning approxim$toly 250' east
of the intetscction af 5°Avenue and Pragress Road.
HACKGROUND: On July 11, 2008, Brtnt Elliatt, on behalf af himself, David and Lisa Bowers, Larry
Heller, and Emily Poffrnbcrga, applied for s street vacarion. The appiicant requests the vacation of
approxim$tely 390' in length of 5`h Avenue locatod approximately 250' east of the intersection of 5t° Avenue
and Progress Road. The stroct section is locazed south of 4°' Avenue, north of 6°i Avcnuc, and east of
Progress Road. 'f6at portion of 5'° Avenue is unimprovcd and abuts properties owned by the persons listed
above. Pleasc reference map bclow.
The applicant ottended a pre•application meeting with Ciry staff on December 14, 2007 to discuss a 16 lot
subdiNision, including a strest vacacion. At that maeting tho applicsint was informed that Develapment
Engineering would not recommend vacation of 5'" Avenuc. Additional discussions resulted in Cin• staff
recommending that St. Charles be extended northw-ard to connect 6d' to 4'b, then using 5'h Avenue ns an east-
«-cst connection fram the St. Charlcs exttnsion to Progress Road.
This street vacation reyuest came before City Couhcil on 5eptember 23, 2008 under Resolution #08-018
setting a public hesring date far Ortaber 23, 2008 with the Planning Commissian_ The Planning Commission
conducted the public hearing a5 scheduled oa October 23, 2008 and is sending the crquest forward %itb na
recommendation due to s split vote on the motion. A Courtci) study session %vas al,-o conducted an November
4, 2008 for inforn»tionnl purposes. No action tivas tA}:cn.
~ Portion of 5" Ave.
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Hursuant to Spokane Va11ey Nlunicipal Codc (SVMC) 22.104.030 thc Plunning Commission is required to
make fmdings as part of the'u n:commcndation to City Council. However, since the street vacatian request is
fonvarded with no recommendation, the Commission did not make findings to support a dccision. Staff's
recommendation to the Commission vvas to deny the rcquest. Staff's recorrimendation was based on the
foI]ow-ing findings:
1. The change Qf use ar vacation of thc street would not better scrve the public because the street s
needed to provide access for the full drvelopmcnt of the property.
2. The stred is necessary for public use and public acccss because dcvelopmcnt is underway to
impmve appraximntely 250' of 51° Avenue east of the 5" Avenue and Progress Road intersrction
to provide access to a residential lot.
3. A substitution of a new and different public way would not be mort useful to the public because
residential development is underway that utiliz+es 5`b Avenue for access, and 5d, Avcnue should be
continued to provide access for infill developmenL
4. Conditions may changc in the future u to provide agreater use or need than presentty eausts
because infill development of the large lots adjazent ta the cight of way is anricipated and
supported by thc Comprehensive Plan.
5. Tio objections to the proposed vacation were received from property owners, general pubGc or
agencies «zth jurisdiction, with thc exceprion of the City of Spokane Valley Public Work3
Department. The Public Works Department objected to the vacgtion based on plans to improve
thc west portion of 5`h Avenue, extending from Progress Road to the wcst boundary of parcel
number 45231.1508.
Public testimeny was providcd at the hcaring from Ame Woodard, on bchalf of the applicant, in support of the
street vacatian request, and nn email from Roger and Jodi Marks, residing ai 15222 E 6`' Lane, was received at
5:59 p.m. on October 23, 2008 requesting thAt S"' Avenut not be vacated. Due tu the time the email was
received staff was nat eware of its cxistence undl after the meeting, end it was not provided to the
Commission.
OPTIONS:
1. h4ove to advance ttie ordinance to a second reading schetluled at next Ciry Council Meeting
for approval or appraval w-ith conditions. (No new public comment shall be accepted since
the public hearing has been closed);
2. Ueny thc prvposed street vacatian; or
3. Schedule a public hearing that will be conducied 20 dsys after noticing in the mail and posting
on-site and three conspicuous places in thc City.
RECObEMENDATION: Move to disapprove the request. in the event the Council chooses to move to a 2"'
reading of the ardinance, a draft ordinance has bccn provided_
STAFF CONTACT: Lori Barlow - Associste Planner
ATTACHMENTS:
Exhibit 1: Planning Commission Recommendation
Exhibit 2: Planning Division Staff report
Exhibit 3: Dcaft Ordinance 408-028
Exhibit 4: Draft Plunning Commission IMeeting N4inutes
:'ltt!1111 V '1 'f'I • '
~t3 anc Department of Conimunit3• Development
j~alk. Planning Diti-ision
Sta'ip'ip Report and Recommendation
to
City Council
STV-02-08
Pro j ect Description:
Street Vacation Request to vacate 390 feet in length of the
unimproved right-of-way of Sth Avenue located
approximately 250' east of the intersection of Progress Road
and 5t' Avenue.
M
~
Nrn}emher IS, 2008 SwJT Rcpor1 vncl Rcrommenrlatinns tn ihe C:itt, Cnuncil fiir S"1T'-UZ-08
. . ,..,...i -
~ty Dcvelopment
Department of Commun•
~~Val Planning Division
Map
Vicinity
J
~ STV-02-08
O~dOp N
~
Nnuemher 18, 2008 Slaff Repnrl nnJ Reconrmcnclulinns 1o nct, C'i1Y C'orrncil .fnr .ST!-'-Il'-f)S
S Department of Communii.,y Development
Planning Divrsion
Existin Conditions
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Poffenberger
~
Elliott
Heller
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Arca to bc vacated ~
Propcrty owncrx whn havc signcd var.ation petition
Nove»iher 18. 2008 .Staff Repmrl nnd Recnmmendwion.r ro lhe City Corincil jnr ,ST6`-02-UR
. r,.:... .
Department of Community Develupment
HV_Qne
, Planning Division
Review Cr'lteria
1) Whetlier a changc of use or vacation of the street will
better serve the public.
2) Whether the street i s n o 1 onger requi red for pub 1 i c use or
public access.
Whether the substitution of a new and different public
way would be more useful to the public.
4) Whether conditions may so change in the future as to
provide a greater use or need than presently exists.
5) Whether obj ections to the proposed vacation were
received by owners of surrounding properties or other
.
governmental agencies.
;Vnventher I.C, 2008 S1afJ-Re7)r,rf ciircl Re•rnnrnrertclvtirrns 1n Ilre Citt• ['otrne:tl fnr,STi'-U?-U8
.K~ Departmenl of Community Developmenf ' ~
Planning Division
Staii and Planning Commission
Recommendation to Councfl
for STV-02-08
Staff : Recommend Denial
Plannint! Commission:
No Recommendation due to a split vote
Nnvemher 18, 2008 Staff Re'Pnrt urn! Recoramendatinns lo !he Cin, Counci! Jor STV-UZ-f18
Dcpartment of Communitiy Development
j _ Planning Divisiun
STV 02-08
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Nnvemhc•r 18, 2008 S1aj/'Rcpor1 ctrn! Recnntnte►rdution.► ro nce (.'r!v C'orrncil Jnr .5n'-02-!1,`'
FINDINGS ANll RECOMMENDATTONS OF THE SPOKANE VALLEY PLAY~'NIl`7G COMM.ISSION
- October 23, 2008
The following findings have bcen prepared bv Staff for the Planning Commission i.n the event there is concurrence
with the recommendation to deny the reque_st.
Background:
1. A completed application for vacation was filed on September 12, 2008.
2. City Council adopted Resolution No. 08-021 on September 23, 2008, setting the date for a public hearing.
3. T'he Planni.ng Commission held a public hearing on October 23, 2008.
4. Following a hearing, the Planning CQmmission found that the notice and hearing requirements of the
applicable Spokane Valley Municipal Code section 22.140.020 have been met.
5. None of the property o«mers abutting the property to be vacated filed a~vritten objection to the proposed
vacation with the City Clerlc; and
Findings:
1. The Planning Commission action resulted in a split vote on the motion to deny the reqnest, and thus did
not make a decision. \To findings are provided.
Conclusions:
The Commission did not determine whether or not the eriteria set forth in Section 22.140.030 of the SVMC was met
C-) and therefore did not make findings in support of a decision.
Recomme.ndadons:
The Spokane Valley Planning Commission makes no recommendation to the City Council on the request to vacate
approximately 390' in length of 5h Avenue located approximately 250' east of the intersection of 5'b Avenue and
Progress Road.
Approved this 23rd day of October, 2008
Ian Robertson, Chairman
ATTEST
Deanna Griffith, Administrative Assistant
!
i
. ~
STAFF REPORT PROPQSED VACATION OF 290' of 5'b Avenue locatetl approximately 250' east of the ~
interseetion of Progress Road and 51" Avenue
Prepared by: Lori IIarlow - Associate Planner
Date: October 9, 2008
BACKGROUND: On July 11, 2008,13rent Elliott, on behalf of himself, David and Lisa Bowers, Larry Heller, and
Emily Poffenberger, applied fnr a street vacation. T°he applica»t requests lhe vacation of approximately 390' in length of
5`h Avenue Incated approximately 250' east of the interscction of 5`b Avcnue and Progress Road. The street section is
located south of4'" Avenue, norch of 6"' Avenue, and east of Progress IZoad. That portion of 5'b Avenue is unimproved
and abuts the properties m+med by the applicants listed above.
Findings:
1. The change of use or vacation of thc street would nut better serve the public because the street is
needecl to prnvicle access for the full development of the properly.
2. The strcet is necessury for public use and public access because aevelopment is undenvsy to impruve
approximsttety 250' of 5'n Avenue east of thc 5t° Avenue and Progress Road intersection to provide
access to a residentiAl lot.
3. A substitution of a new and clifferent publie way would not be morc useful to the public because :
residential develupment is underway that utili7es 5td Avenue far access, nnd Stb Avenuc shoula be continuecl to provicle access fnr iniill devcloPment.
4. Conditions may change in the future as to provide a grester use or need than presently exists because
infill development of the large lots adjacent to the right of way is anticipatcd untl supparted by the
Comprehensivc Plan.
5. 1Vo objections to the proposed vacation have been received from pruperty owners, general public or
ageneies fvith jurisdiction, with the exception of the City of Spnkane Valley Pablic Warl:s Department.
The Public Wurks Department has objected to the vacation based an plans to impruve the west portion
of 5`h Avenue, extending from Progress Road tv the west boundary of parcel number 45231.1508.
6. Abutting Properiy No. 1: $re_nt Elliott, applicant, owns property that abuts the right-of-way on the
uorth and south and includes Assessor Parcels #45231.1510, 45231.1512, and 45231.1511.
Abutting Pronerty No. 2: Emily and Duane Poffcnberger, applicant, own parcel # 45231.1523 which
abuts the right-of-way on thc north.
Abutting Property No. 3: Isawrence and Sharon Heller, stpplicant, own parcel # 452311524 which
abuts the right-nf-way on the north.
Abutting Propcrty No. 4: Kay Clover owns pyreel # 45231.1404 which abuts the right-nf-way on the
east.
Abutting Property N'u. 5: .iames and Nedrsk Hunt own parcel # 45231.4501 which abats the right-of-
way on the east.
Abutting Property No. 6: DaAd and Lisa Bowers, applicant, own parcel # 45231.1519 which abuts the
riglit-of-wfty on the south.
~ .
7. Utilities:
a. Sewer: Spokane County Utilities has no objections and does not require an easement per letter dated
August 14, 2008.
b. Water. Vera Water and Power has no facilities located in the right-of-way per email dated September
7, 2008.
c. Telephone/Fiber pptics: Qwest has no utilities located in the right-of-way, and has no objections per
lctters dated July 30, 2008 and October 2, 2008.
d. Gas and Electriciry: Avista has no objection to the vacation per letter dated August 14, 2008.
e. Cable Television: Comcast has no objection per ictter dated August 18, 2008.
All af ffie utilitv proviclers have neen contacted bv t6e applicAnt and their correspondence is attached.
The specific location of easements is a requirement of the record of survey.
8. Stnrmwater drainage facilities: No drainage facilities are located in the unimproved right-of'-way.
9. Spokane Valley Fire Distriet No. 1: No objections per letter dated October 2, 2008. However, future
development will be required to meet access road, addressing, street names, and hydrant standards.
10. Zoning/Comprehensive Plan: Surrounding properties are zoned R-3, Singlc Family Residential/ Low
Dcnsity Residential
,
= 11. Land Use: Currently the right-of-way is being utilized by the adjacent property owners as part of their
residential lots. In some cases the property owners havc fenced up to the centerline of the right-of-way
incorporatiing the area into their lot.
12. City's Pablic Wnrks needs assessment snd traffic circulution: The Public works Dcpartment finds that
the right of way may be needed for access to serve future infill development of the abutting parcels, and that
plans to improve 5ffi Avenue cxtcnding east from Progress are already underway to provide acccss to short
plat on parcel 9 45231.1508. Public Works would consider the vacation of a portion of 5`h tlvenue if St.
Charles Road were extended northcrly to connect 6'" Avenue to 4'h Avenue, with 50 Avenue providing the
east-west connection to the sireet. Without tlie extension of St. Charles, Public works is opposed to the
vacation.
13. Condition of street: Unimproved
14. Assignment of vacated portions of right-nf-wssy: Pursuant to Section 22.140.0404.C of the Spokane Valley
Municipal Code (SVivIC) one-half of vacated street shall go to each abutiing property owner.
Cnnclusions:
The criteria set forth in Section 22.140.030 of the SVMC /ias not been met based upon the findings set forth.
` _ ~ ~
DRAFT
CITY OF SPOKA'E VALLEY ~ ~SPOKANT COUNTY, WASHTNGTON ~ - ~
ORDIINANCE NO. 08-028
A~\* ORAINANCE OF THE CITY OF SPOKA.►\TE VALLEY, SPOKANE COiTN'TY
WASH1IYGTO\°, PROVIpLkiG FOR THE VACATIQN OF APPROXMATELY 390' IN
LENGTH, OF 5TH AVE\Ti7E ABUTTLriG PARCEL \'UMHERS 45231.1510, 45231.1511,
45231.1512, 45231.1519, 45231.1523 AND 45231.1524, AND PROVIDWG FOR OTHER
1VIATTERS PROPERLY RELATL~G THERETQ.
WIRE12EAS, the City Council by ltesolution 08-018 initiated vacation proceedings for a portion
of 5"' Avenue approxdmately 390' in length and located approximately 250' east of the intersecrion of
Progress Road and 5'h Avenue (STV 02-08, by providing that a public hearing on the proposal would be
held before the Planning commission on the 23`d day of October 2008; and
WHERCAS, an application for vacation was filed on July 11, 2008 and determined to be
complete on September 12, 2008; and
WHEREAS, the Planning Commission held a public hearing on October 23, 2008; and
WBIEREAS, following a hearing, the Planning Commission fotmd that the notice and hearing
requirements of the applicable Spokane Valle}° Municipal Code section 22.140.020 had been met; and
WHEREAS, the Planning Commission findi.ngs andlor minutes have been filed wilh the City
Clerk as part of the public record for the vacation; and WHEREAS, the Planning Commission did not make a recommendation to Council on the
request due to a split vote on the motion to deny the request; and
WAEREAS, none of the property owners abirttina the property to be vacated filed a wTitten
objection to the proposed vacation with the City Clerk; and
WHEREAS, through adopted City Code provisions, the City shall provide that the vacated
property be vansferred one half to each of the 3djacent property owners of the following parcel numbers
that abut the right-of-way: 45231.1510, 45231.1511, 45231.1523, 45231.1524, 45231.1519, and
45231.1512; that the zoning district designation of the properties adjoining each side of the street shall
attach to the vacated property; that a record of survey shall be submitted to the Director of Community
Development; and that all direct and indirect costs of title transfer to the vacated street be paid by the
proponent or recipient of the transferred property; and
WFCEREAS, the City Council desues to vacate the above strects pursuant to Spokane Valley
Municipal Code Section 22.140.
NOW, THEREFORE, the City Council of the City of Spol:ane Valley, Spokane County,
Washington, do ordain as follows:
Sectiun J.. Findings of fact. The Planning Commission made no recommendation to the
Council rcgarding the request and therEfore no f ndings were provided. The City CoLmcil must provide
findings of fact in support of the following statements in order to approve or conclitionally approve the
request:
~Ordinance 408-028 - Street Vacation 902-08 Page 1 of 4
DRAFT
1. The change of use or vacation of the street will better serve the public because (FILL IlN)
- 2. The street is no longer required for public use or public access because (FILL iN)
The substilution of a new and different public way would be more useful to the public
because (FILL lN)
4. Conditions may change in the fuiure as to provide a greater use or need than presently
exists because (FII1L 1N)
5. Objcctions to the proposed vacation (YES/N0 are made by owners of private property
(exclusive of petit:ioners) abutting the skreat or alley or other governmental agencies or
members of the general public).
6. Pursuant to Resolution 07-009, Scction 1: Policy
a. The cost for property received as a result of a vacation initiatecl by an adjacent
property owner shall equal 50% of the appraised value of the vacated property
received.
i. The appraised value shall be the same as the value of an equivalent portion
of property adjacent to the proposed vacation as established by Spokane
County Assessor at thc time the matter is considcrcd by the City Council.
ii. lf the value of adjacent properties differs, than the average of the adjacent
property values per square foot will be used.
Based on the average assessed value of the adjacent properties, $ 9,789.00 is 50% of the asscssed value.
Section 2. Froperty to be Vacated. Based upon the above findings and in accordnnce with
tliis Ordinance, the City Council does hereby vacate the street or alley «fiich is incorporated herein by
reference, and defined as follows:
That pnrtion of Sth Avemse right-of-way located approximately 257' east of Progress Road an
~-J approximalely 127' west of Netiver Street as depicted in Appendix A attached hereto; 1QCUted in
the SE of the NE'/. of Section 23, Totivizship 25 north, Range 44 Eas1, Willamette Meridian,
SPokane Catmty, T3'ashington.
Section 3. Division of P-roperty to be Vacatcd. Pursuant to RCW 35.79.040 and SVMC
22.140.040(C), unless factual circumstances dictate a different division and distribution of the street to be
vacated the property shall belong to the abutting property otvners, one-half to each, and thus divided as
recorded in the record of survey which shall be created and recorded with the County as required under
Section 22.140.090 SVYIC.
Section 4. Zonin . The Zoning designation for the vacated properiy shall be the designation
attached to the adjoining properties as set forth within the respective property or lot lines. Ttte Director of
Community Development is authorized to make this notfltion on the offcial Zoning Map of the City.
Section 5. Conditions of Vac$tion. The folloNving conditions shall be fully satisfied prior to
thc transfer of title by the City.
1. Thc completion nf the street vacaYion STV-02-08 including all conditions below shall be submitted to
the City for review within ninety (90) days following the effective date of approval by the City Cotmcil.
2. The vacated property shall be transferred,'/z to cach abutting property owner
3. Follovving the City Council's passage of the ordinance approving the proposal to vacate the street or
alle}', a record of sur-vey of the area to be vacated, prepared by a registered surveyor in the State of
Washington and including an eaact metes and bounds legal description, and specifying if applicable any
and all easements for construction, repa'v and maintenance of existing and future utilities and services,
shall be submitted by the proponent to the Director of Community Development, or designee for review.
4. ?he surveyor shall locate ai least rivo monuments on the centerline of the vacated right-of-way with
one located at the intersection of the centerline of the vacated right•of-way with each street or right-of-
Ordinance #l08-028 - Street Vacation #02-08 Page 2 of 4
i
DRAFT
way in accordance «rith the standards established by the Spokane County Stcrndurcls for Road and Seiver `
Consmiction. ~
5. All direct and indirect costs of title transfEr of the vacated alley from public to private ownership
i.ncluding but not limited to title company charges, capying fecs, and recording fees are to be borne by the
proponent. 'T'he Cilv will not assume any financial responsibility for any direct or ind'uect costs for the
transfer of title.
6. The zoning district designation of the properties adjoini.ng each side of the strect or alley to be
vacated shall be automatically extended to the ccnter of such vacation, and all area included in tbe
vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting
ordinance shall specify this zoning district extension inclusive of the applicable zoning district
designations.
7. The record of survey and certified copy of the ordinance vacating a street or alley or part thereof shall
be recorded by the city elerk i.n the office of the Spokane County Auditor.
8. All conditions of City Council authorization shall be fiilly satisfied prior to any transfer of title by the
City.
9. Payment in the amount of $8489 ($9,789.00 less $1;300.00 previously paid) shall be proporcionatcly
paid by the adjacent property owners receiving the progerfy.
Secdon 6. Clqsin~. Following satisfaction of the above conditions, the City Clerk shall
record a certified copy of this Ordinance in the office of the Counry Auditor, and the City Mana~er is
authorized to eaecute all necessary documents, including a Quit Claim Deed, in order to complete the
transfer of the property identified herein.
Section 7. Severabilitv. If any section, sentence, clause or phrase of this OrdinanCe shall be
held to be invalid or unconstitutional by a court of competent jurisdiction; such invalidity or
unconstitutionality shall not affect the validiry or constitutionality of any other scction, sentence, clause or .
phrase of this ordinancc.
Section 8. Effectivre Date. 7'his Ordinance shall be in full force and effect five (5) days after
publication of this Ordinancc or a summary thereof in the official newspaper of the City of Spokane
Valley as provided by law. -
PASSEll by the City Council this day of llecember, 2008
ATTEST:
Richard Munson, Mayor
City Clerk; Christine Bainbridge
Approved As To Form:
Office vf the Cit), Attomey
Date of Publication:
Effective Date:
Ordinance 1108-028 - Street Vacacion #02-08 Page 3 of4
DRAFT
Ex6lbit "A"
Property Dacription
That portion of 5`h Avenue right-of-wcsy located epproximntely 257' east of Progress Road and
appro?cimately 127' w^est of Newcr Svcet as dcpictcd bclow; located in thc SE '/Vs of the NE V. of Sectian
23, To«nship 25 north, Range 44 East, Vr'illamette Meridian, Spokane County, Washington.
r~ a~ m2 r~n nr i. ua~ 14= !
~11701 ~xilD smttil~ tQt+OMa a~7~o6S~ a~taC
~S2~tyC1 ~t 1101
iiU1 t~
drn.nu Portioa ot S`" Aveaue to be
vadited
~ 11w t
1~ s~.t~ 70C~
tSt)t iqll
1~1113'Sl
Stjh Avenue
at,
A12Tt?!~t s42]17~
t4111m7
a
~1 aw c~+'eat
#sr sn
tszn.te»
.-':n 1.91 am~ tms ~m+ Ku
1J
tl7ltif0.7 cm 25D t~l~]
13011
t1 ~SDf Wa
lM1AOO1 t4)I414]] tmpum AWtR101 Lm1=
t$l~
.rr2•.^. Ls:), w= 4=,■109 cM,.nx c9314ios 0ami0.01m1 0 29
C)rdinance #08-028 - Street Vacatian #02-08 Page 4 of 4
i
Spokane Valley Pianning Commission
Draft Minutes ~
Councll Chambers - Ciry Hall, 11707 E. Sprague Ave.
October 23. 2008
I.CALL TO ORDER ~
The Chairperson Robefton called the meetlng to ordef et 6:00 pm. i
II.PLEDOE OF ALLEGIANCE i
Commissloners, staff and audience stood for tfie pledge of ellegiance
~
III.ROLL CALL
Commissioners Beautac, Carroll, Eggleston, Robertson, Sands and Sharpe were j
present Cammissioners Kogle was absent end excused.
Staff attending the meeUng: Kathy McCtung, Dtrector of Communily Development;
Greg McCarmlck, PlBrnir^ Pl;inner Dea~na GrRiith
Administratjve Assista
N.APPROVAL OF AGENE'.
If W05 moV8li b'I Ci0(IUtiIssIV~tI L.o;lt;t ...._-jI,] L'f l.i.iili:iV _
SN-02-08 to item one on the agenda. It was unanimously egreed to accept the
October 23, 2008 agenda as amended,
V. APPROVAL Of MINUTE3
it was decided to approve the minutes at the next mee`
VI. PUBLIC COMMENT
There were no Public Comments.
~
VII. COMMIBSION REPORT3 ;
Commissioner Robertson atated that he attended a pan handiing committee meeting
~
and that the Mayor ks looking for the axnmittee to meke reglcnal presentativrts. There
were no other Commissioner reports.
VIII. ADMINISTRATIVE REPORTS
Director McClung stated tfiat the Councll has chanpsd the recommended locatian of
City Hall from the original proposed tocation. Mr. Kersten, Pub{ic Works Director has
detemnined It would be better suited based on street design, for the City Hall tn occupy
a parcei to tne east of the previous bcation and negotiations wouid conGnue on the
new site proposal. Council is aiso gang to be discussing the traffic clrcutabon tssue
relating to tfte SpraguelAppleway Revkallzetion Plan at the next Tuesdey meeting, OcL
28, 2008 The Director also stated that Councif reviewed anQ emergency cade
arnendment regarding aurveying issues.
IX.COMMI3SION BU3INESS '
New Bualness - PuWic Hesring, SN-02-08, atreet vacation ot approx. 390 feet oi 5't' ~
Ave bet►veen Newer snd Progress Rd,
Commissbner Robertson apened the publlc hearing at 6:04 p.m. Assoclate Planner
Lori Bariaw made a presentaaan to the Commission regarcling the iocatlon, vidnity, the
candltions on the ground and sumounding areas. There is a house IocaUed on the
property that would have been e Ave at lfie end just west oi Newer Rd. It was
explained that 5°' Ave will probably never ba able to go al) the way through, based an
the house being lacatsd at this intersectlon Ms. Batkow steted that a plat, Short-Plat-
10/23/2008 Planning Commission Minutes Page 1 of 4
• -
_ 17-08, which has received preliminsry approvai to divide a parcel west of the proposed
vacation NihEch will require improvement t4 one half of 5th Ave. abutting the new parceJ.
Ms. Barlow reviewed the criteria for approving the street vacation. Staffs
recommendation is that the vacation be denied because the street could be used to
serve future development. Pub[ic Works has also recammended denial for cconnectivity
issues in the future.
Arnie Woodard, 2511 S. Best Rd, Mr. Woodard stated that he has represented Mr.
Eiliott in the past, Nir. Elliott is the property owner of the western two parcels in the
proposed area. Nlr. Woodard stated that it would make more sense to put a street
through north and south instead of east and west, when there would be no passible
way to complete 5"' Ave all the Nray through, with the house that sits right in the vray.
Mr. Woodard stated that NOr. Elliott is fntending to put a street through north and south
not east and west. Chalr closed the public hearing at 6:1 B pm. Ms Barlow,stated that Developmsnt
EngineerPng and Public Works were awrare of Mr. Elliot's proposal for his 4 parcels due
to a pre-app meeting he has already had with the City. At that time they reaommended
that St. Charles be put through from 4E" to 6"' Avenue., with 5'" Ave. still providing a
connection from Pragress Rd., It is s#ill the opinion of both departments that the nght-
of-way for 5'" Ave. is needed would still be beneficial to provlde access to the back of
the other two lots tn the east of Mr. EIIioYs for redevelapmenk , Atthough a turn-around
for the fire department would still need to be pravided even if 5th Ave were extended. It ,
is still both departments' opinions that the right-of way for 5'" Ave needs to remain in .
place. Commissloner Beaulac wanted to know if they could make a condftlon on the ,
street vacation if it was approv2d they would require St_ Charles to be put thraugh as a j
cross street. Director McClung said the Commission can not place a condition on the '
siraet vacation that relates to future development. . !
There wras discussion regarding the tum around required for the short plat to the vrest '
of the requested street vacation. The short plat has prelirninary approval, it is required i
to make half street improvements, and a fire tum-a-round is being planned on the
property however if the street vacation were approved, a full cul-de-sac would likely be
a aondition of the vacation for a turn around, per Public Warks.
Commissioner Sands made a motion to recommend denlal of the STV-02-08, street
vacation of a portion of 5t' Ave. Commissioner Eggleston seconded the mation.
Discussion began, regarding the following conditions: there was no reason to not
vacate, there will be no way to continue 5'h Ave. all the way to Newer Rd., if we vacate,
there is nothing to hold the developer to building a northlsouth road, the road extension
issue could be handled at the time of plat applfcation and the developer would be held
, to conditions made at that bime, , 51" Ave. is going to dead end one way or another,
vrhy not at the intersection of St Charles, and not against Mr. EIIioYs properties. There
vras concern about the impact to other lots, more in favor of half of a vacation, urithout a
vacation they can not develop the lots, the developr gains from the vacation, put a
turn around at the intersection of St. Charles with 5, get half the vacation, give up half
and get better connectivity all the way around. There would be an out to Progress, 4'h
and 6th. And there would be a turn-around for the fire department. Vote is three in
favor and three opposed. Motion fails. Planning commission will send it fonnrard to City
Council with no recommendation.
~ - ~
10/23/2008 Planning Commission Minutes Page 2 of 4
CITY OF SPOKANE VALLEY
~ i Request for Council Action
Meeting Date: November 18, 2008 City Manager Sign-off:
Item: Check ail that apply: ❑ consent ❑ old business (D new business ❑ public hearing
❑ information ❑ admin, report ❑ pending legislation
AGENDA ITEM TiTLE: Proposed Resolution 08-021, Amending Fee Resolution
GOVERNING LEGISLATION: The current resolution is 07-017 which was passed in
October of 2007, and became effective January 1, 2008.
PREVIOUS COUNCIL ACTION TAKEN: Each year the council passes a resolution to adjust
fees so that most city costs can be recovered for services provided to others. Staff also
recommends the deletion and addition of fees when conditions warrant the change.
BACKGROUND: Staff has ident'rfied these remaining issues for the 2009 fee resolution. They
include: •
1. Which fees have changed over the years?
2. How do City of Spokane, Ci#y of Spokane Valley and County fees c4mpare?
3. Should the City of Spokane Valley charge a$250 pre-application fee?
4. Should an inflationary increase be approved? Amount?
OPTIONS: Options include: approve as submitted; approve with changes; consider further; or
direct staff further. RECOMIVIE, NDED ACTION OR 1170TI0N: Move to approve Resolution 08-021 Setting fees for
2009.
BUDGET/FINAIVCIAL IMPACTS: An increase in city revenue (up to $50,000), to cover increased
costs, is expected during 2009.
STAI+'F CONTAC'1': Ken Thompson, Finance Director
ATTACHi'IENT: PowerPo'►nt; Draft Resolution 08-021, settiiig Fees for 2009
;
PROPOSED FEE
RESOLUTION FOR 2009
Spokane Valley Council Meeting
November 18, 2008
11l1G20Q3 ~
~J
_ J
Changes to fees since 2003...
A. Fee 2003 2008
Zoning/code text amend $500 $1500
~ • SEPA Single dwelling $200 $100
All athers $200 $350
EIS review-deposit $2000 $2200
Prelim plat subdiv. $2000 $2324
+per lot fee $25 $40
~ Final plat $1000 $1424
Short plat 2-4 lots $500 $1224
Prelim, plat 5-9 lots $1000 $1424
Final plat 5-9 lots $800 $1224
,cnormoe 2
\ J
~
i
Changes since 2003...........
Fee 2003 2008
Binding site plan change $350 $1474
Prelim. binding site plan $500 $1674
Lot line adjmt. $300 $100
~'.4.Review perm. Sign $150 $50
Review temp. sign $75 $50
Site plan review $250 $550
x ~ Zoning map amend. $1500 $1650
Y ,
Hourly rate for city emp. $47 $58
Right-of-way permit $16 $54 -$184
1 nCrJecB 9
1
Comparison of Fees . . . . . . . . . . . . . . . . .
.
~.ti...
B. Comparison Fee
f''
' Si9n Fee:
City of Spokane $30
i City of SV $50
County $35
SEPA-DS/EIS minimum deposit:
City Spokane $2,450
City SV $2,200
County actual costs
9 VI3ZDOS
2
! .
\
Comparison of fees . . . . . . . . . ■ Preliminary Plat:
City of Spokane $2,025
" City SV $2,324+$40/lot
County $1,753+ $18/lot
■ Binding Site Plan:
City of Spokane $2,970
City SV $924 to $1,674
County $1,508 to $1,961
»rwr~oe ~
Comparison of fees . . . . . . . . . . . . . . .
.
~ ■ Hourly rate for inspections/reviews:
City of Spokane $50 to $85
~ City of SV $58
4 County $40 to $46
~
,
-r
nar~as e
3
/I
~
r'
Decisions . . . . . . . . .
c. Pre-application meeting ($250)9
;
. ~ D. Inflationary increase?
Amount?
r~ E. Note two new changes - Pages 22, 24
+ Picnic shelter
+ Storm water fees (two neighborhoods, no change)
f'
S111YAD8 }
. i
%
4
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUiNTY, WASI3I1`GTO\`
" RESOLUTION NO. 08-021
A RESOLUTION OF TI3E C1TY OF SPOKAIT VALLEY, SPOKANE COUNTY,
WASHINGTON, At1IEENDI~i ~G RESOLUTION 07-017, AND APPROVP tG AN
AME\7DED MASTER FEE SCHEDiTI,E.
NVBEREAS, it is the general policy of the City to establish fees that are reflective of the cost of
services provided by the City; and
NVHEREAS, the City uses a resolution to establish fees for City programs, permits and services,
and periodically, the fee resolution must be updated to incorporate new or modified services; and
NVI-IEREAS, Council desires to modify the Resolution and accompanying Fee Schedule.
NOW THEREFORE, be it resolved by the City Council of the City of Spokanc Valley, Spokane
Counry, Washington, as follows:
Section 1. 1'he changes nee_ded at this time are incorporated into the aitached schedules, and
include (1) new fees; (2) changes to existing fees; and (3) cost of living fee increases for 2009.
Section 2. ReFeal. To the- cxtent that previous fee schedules are inconsistent with those set
forth herein, they are repealed.
Section 3. F.ffective Date. This Resolution shall be in full force and effect Januarp 1, 2009.
Approved khis day of November, 2008.
ATTEST: CITY OF SPOKANE VALLEY
Christine Bainbeidge, City Clerk Richard Munson, Mayor
Approved as to form:
Office of the City Attomey
~ ~Kesolution P 08-021, 2009 Fee Resolution Page 1 of 24
AMENDED MASTER FEE SCHEDULE
Fee Schedule Page No.
~ Schedule A: i' i.~: <<. ii: LDe 3
Schedule B: Building 5
Schedule C: Fire Code 13
Schedule D: Parks & Recreation 16
Schedule E: Administrative 19
Schedule F: Other Fees 20
Yage 2 of 24
MASTER FEE SCHEDULE
~ Schedule A- Pi.:s:
tiMENDMENTS
I Comprehensfve Plan amendment 51,500.(-,j
7.oaing or other code tezt nmendment S1,.S00.~'~;
APPEALS
Apgeul of Administrath•e Deciaion S1,000:Ei!)
Appenl of Aearing Exxminer Cadings S300=8U
?ranscripdrecord deposit tee on appeals of Hearing
Ezamiaer's dccisioas S150.(W
I Appeal3M."
ENvmorhIEr--rwL REvtEw
StAte Environmental Policy Act (SEPA)
Single dw•etling (when requlrcd) S104:4►0
All otber developmeats 5350;'•!t)
Envirnnmental Impact Stntemeat (EIS) Review, «►-In. S2,200s40
114:1,".i - t
Addeoda of eiistfng EIS RevieR 5350M
Shoreline
~ Substantis! Developmeat Permit 5800MA
Critical ArcaS ~_3t►",~~~~
Floodplain Permit ti juU S5 - 0 Per lot
i 1^tl,(Lfl
I 1111c PERMITS
Homc Occnpation Permit.,, I►.~.1;~~;, ~,~~~c• S8UM()
Coadjtional Use Permlt 5800:m)
Temporary tFse Permit S1S
( F`LAILi 1\i' t-•t Al l It)\-
SUbdIVIS10II5
Prefiminary plat S2,324 Plns 540.00 per lot
Fjnal p[stt S1,424 PIu9 S10.00 pcr lot
1-
!'age 3 of 24
Short Plais
Prellmlwiry 24 bb S1,224
Final Piat 24 Lata $924
PreUainary plat 5-9 Iab S 1,424 Plua MO0 per !ot
Finsl Plat 5-9 S1,224 Plus S1404) per lot
Plat Aluration
I Sobdivislon plat S650si+N
Short plat 5265.4;ai
Binding Sitc Pltin
I Bladingsite plan ~I~~aci k - oit moi#i€'irutiwn 51,474
Chaage of Conditioas S650;4w
Preliminary binding aite plan 51,674
Final binding site plan S924
Aggrcgation/Se gregati on
Lot une aajustmenc s100.00
Lot Ifne eltminatioo S100.0o
Z,ero Iot Ilne S104.01, Plus S10 ,011 pcr lot
5IGNS
~ Rcview o[ per[n4neat siga SSO:CP0 Plus S2S+i1 if Publlc
Works revieR is
needed
~ Review ot tempomrr sign S30.1„°
~ SITE, PLAN KEVll:1ti' S550.=M
~ STREET YACA'I10N APPLICAT[ON 511300:um
I t1{.1:VAR4-3-~N{- 4-.S
--Administrat3ve ! xceopou S300,00
\ ui ian.t sl15M
1'rC.1DUlicalluu ~'IrClIRYS - - Administ►-Ati% r Ir►te_rprrtl+tion4lablitHceringi
- - - ~ { UU:~k!
ZONIN G
~ Zonlug map amendmenb (racone)* S1,6SOt=~3
Page 4 of 24
Pi:i,ii:Lil <<> ;~,~t~~w►~tu►~+~i ~1►.,~:~>}:~~ S1,5Oo-o►► PInaS2S,ii0 Pcrlot
Pl:~un~~1 s~_ ~ i,,,,rlopiient UD QlOdifiCatiOD SSO4d_KI
7.aning letter
•If rczoae b combiped with otber AcNon(s), caat ot 5200.00
otber actioo(s) ia addidoaal.
~
Pnge 5 of 24
Schedule B - BtTiLDING
tE.k•
Hvuri~ rulc l:,r t it~ L[#iuluN
(hertime r'ittr for Cih Fmnloveel
Iavratirtation fre• N1'ork conimeocrcl,%+ithout rccjuircd ncrmit, - Euual to f<<
RQj?IaCtlI1C[1l0(1U}t L1et'Util 11~u tiittrli l• 1 f'r tuii:-
Rc-.uians to,plunsreanestrd i,ti [hi aj,jili..?tII uiI-ctnkil 1101ilii
rxtr aitb a cninlmum uf 1 huur. IRc--ised v1:+p!k>vbnuitc&:d i►~_; +,L,,~.. i~ ~ ~
t- 11t'Itl'+iti iu ttcr- ',ft- i tii ~I SUI fjt ii t 4l I}le' fit, lit"l~ :l~,s t'%, Ille l
l'ian revie"' tees 3rc collected ttl liie timC of uppliculion• Sucli tccs niaN be atljutitc:
rLvicw. (lverakc'ti c,r undcr r.-yment, -will he appr(,rri:itelti• :Itliustc.i nt thc timc of
issuancc
i'~...,r: ~~.,.t_., i..,....'.... . t., i
(j:.'iiiii :C~` .....~..:.1~ l.
-_r~. i'r_,,L 111 L.i .luringthe percnit process «•ill 1x: pai~i b~ ;i~_
;ipplicant. Examples ol'outsiae profc°ssiai i:3! scn6ces include review b%• eontract re~•ie~+~rs;.
5pecial inspection or canswction sen•ices, consulEant sen•ice,,. sun•eyin~ «t other seR-icc,
:rc~t~ir«j to det~.rmine c~,mpli:ince ~~~ith a~,plirshlc rc~c±:•,. -
E~~~~fl Ic"•It~t I<i~ :i(L liol'l-il`IU:I.A.&k: oIiCC ,ill\ ~'Lill
!'.rtWOcc> nun-refut~5~!b.~c.on~r w«rk autlwrizrd hyshc Nrmit hyp tnp
ApplirwiWpcrmit holdCrs of rrojr:ts eii¢iblc fc►r re_fimd rr111 .1 r, Ill.~~ < <,.•l 1 r. ; I - ,,l,l,
1R{1_cKltnciirdm4sofarpli.~~~~~ . .
kClju:.sl5 (et'~.'lv@(j!lf1Cf I t't,i
I~~E311~Cti~:N ~ . ~_1, .L~_'~ ~.I ~ '.i. , i ~ ~ i~~llt~~i...~. ~ ....~1.'_ I.
Page 6 of 24
~I71I!! liC> il iCj_il_►JC11 ai tlW l:tl_t ~ '•~flt~ .li ~ -
tenatrti in th~: rdu Ci ~+~irli g iin~i rr~ujted ~%ithirt I 8~) s~:4k ar 44 •.,_0
11 L I~_. ~t~ti ~1~~~~~Ltilii►. ~L2_>~~li~~UL
Jci~n►t •_tjle huilJujl~-pct iciiI_tcc~ .~uJ ~~tii~. c ]Ir~~. lcr, baxd m t}ic ~OWe ~f _4hC 4JILi~tl3~21Uij W~~~±. }~r`
!~trd h< <t1t i1priE~c1fN or_ ttir vaiuc cal.ulatcd hN itir Buildiaa Ofl't_cinl usin~t the latz'-t Vnluntiutt d4ta
I'~~I~~1~~,~ III~. ft::~ .?u'i ,``.lic; .~•'Ni11.7i ~~li ~"~.til.?l'~,I!.t~ ( ~ ~_~_i~1.1~ :~~.'~It1lI .1~;'t: 1:~C.i?c~!_
s 1 olal ~_aluatiu~i t z{
S25,00II $69 15 !ur tbr C~rst S2.000 p1u+ S14 for rach
adtiitiunal $1.000, ar fraction thcrruf. un tp ap
i[icludine $25A0
~Q'5,1101 141 S50,II00 S391.25 fur Air_fr~t f25.110II plu,$ III lU for r.
uciditivnal U.i!
iorludinc 1+{tl,1i
ls;li.011i 140 ;tUU.i1(1u 5043.75 tar cLt
v~ lidditianpl'Sl Ullu ut- /taci►t.u tl,zruul, uu tu
including S100,000
~ Ill0.ilul 1'-0 tiillU`Imil 4093.75 for tht firsl $100,000 ,pfus S5.60 [or c.
A :►dditional $1 ll(IU, ur fracliuA therc"f, u to
iuclu(lins 5500,090
5'.10II.0II l ti, S1sUUU,UIIU 3$~~y;3.75 for thr fl nit S-90,000nlm 54.7', fui
- -
8dIIlOI1qI SI,0011. Of fti1oIUII fhCfpOf,iUf) l0 slid
inrludinti S1,OdU,U00
~I~IIUU,~IlIU Hiid ul, ~S 6nK_75 fur tht firri S1.1100,000 nlus 53.1 fur ear
udditiuual S1,OOU, or frACtiun thcf-rut
Valll'3UllI1 E%4'l' tians i rt _PCr
- Sy4~~uc I_~~,~~
1'il~:►tc L'a~'~~Lr~ l~~uutl t~~itile) sly
"'tL~d~~ ~ara~e. n~~}sonrvl t22
w:ir 1~tt11rfiT1+': ~
c )pen cA rs l lv~ lt c ~
3t: addJti'_111'1.
~.,r 1~: =i:_ ii_ l.t 1;1:!~~ I~,i+:t1T1Cl~ ~~1ll:iTiTl'~ i~11C~ ~~IC ttitit~'1R1Ca~ t1liC~••I~j\ ~1UI~t~lllt~
f'agc 7 nf 24
~)Ull►liU~ j'~lllill_~1k~j-'ll~.fif~~ll ~ f~.: .i~~4'li. '1 ~ _ _ ~ _ . . . • . _ , , i. ~iS
I.i ~ compleiC ttl}S it~ 31afl~,
E~[ blgllk Jilc G11L~ t«c.~_1am11_1v:3.4 ~I~S~~_44jr~ LI l~~_
oop!p r%ieM ctr _it %%ill re► uirect f!t_Xhe_ 'sme of E3elild~,t Yerp~it.Ap .licatit~n.su~mii~.
ihe t-eta_ncc o1 t~~c Plan_[~e~jeti• Ecc_sha14 bc <<?IlLtitrd at tlic ti»u .,f Bui4lint Pent►it ss,... .
1!:C SI~t_C I t`c' :~m C%LCiy .~e[1~74f1 ' 1 t. _
L►u,l~i~i;_ i'~tu:i; l:.
i.
f'I~lftti kt'.1C\1 i Cl', 'dSC_i{o:
,.1Jrti,mm1 to_Vuildl - F'crn,►t Fvc
Ylus1p rvvlew ftt 4!p!I'SIl l i! t•l,1i~~rt t~~it le ~
~~it{S rC11CW ftS - G~'~?N[I R-3 UC~t10011CICl~ l!1ll~+lc ~1Uiu U~ b1dE DCrillti fi c
iAm11M Im% t Q 7t999 iU. jl.) -
P1apa rgiiea tee Gruuu R-3 accunuacja (sinjle 64"/o Ut bldp prrtnit f, =
famfTv 8,000 . h. or Ercatcrl
!'Is►na rr%im tec - t'-1 ar U-2 uccudgtocirs [ahcd4. c)f bit! <<~ _,i 1 1t{
harplclci
{'lKna re-.iej+ feC - ttm~ra~ trpt oC s4CUCtprt 2:~°lu f bl~l. i~,
► " I ,,11 I•~ , _~r~. ~ iltri',~.t~•~ii~~r~. v,itF. Ih~~.~I~..titrt. t~.rr,,r;
Intttn) l len f._• ~ -
l ~~Cj~11!?p t . ,
Il
rc¢c6 thc mnx~num i'lan kch-ieH I_ec~ _lp thc Cit• Qf Si ka►1C Voll.
Il a s~'tS1.yl~i_altcH:l~ ChCCl:td nnd_Hpr,.,%,c,l i, rr;~ !ihiu i!ic,i 1, ~ ti~. , i~.~_
.,f $5$ n!1 %.itt h: thc r~-►c:,
(,1:~~!)!
1't rmh Fr.
LO-0 urIts ILO
lUl it! 1.01111 $ZU fur the first IQQ ("ti. 1~d., ~)lua ~?_I L41_ k,! Lt,
sidditional 100 ('u. Y'd.
1.Otl1 to 11001.1 S83 for the f r,st 1.001 ('u 1'd . P1us S6 for cA. I,
Additiona! ,OqQ CM.1'd•
10.09 1 to IW.04)U S147 tur Ihr first IU,UQU C'u 1`d Ulus $15 !ur_t.-'_.
additioaal 10,001) C'u.1'd.
1,00.00I Io 200.ODU S368 fur tl►e first 100:0(10 C:u. Yd. t:.►
rnch addit;Onal 100 ,0011 cu.
210.000 nr moT.E t{Il? f,'r tllt (iE,I ~li~~,~~t►~E (~3 111 irlt., ~ 11 1-1
Page 8 of 24
u. 1 c1
r~v~[S1 ~ ~1~\~~Ili ~ l4S
;i1 tin ftie
53 tu 1 U
1 I► I to 1,0
UI~ .
'
1.001 lu 10,000
_
10,001 tu 100,000
additiunxl 111.000 Cu. 1 t1.
l Itl1,001 to 20.000 S'I$ for ltie first I00.000 +
adt~
ZUU,OfI I ur mg,rc g 1`
I iA 1,,.11I1l jil ~:i+.~f (-+.~IL' lii~•i ~i ,
I'_ • i _ i1. i-x jr.. 1
T1i, plumbing :o,k_ te.: • : i,
ii,:ludcd ir, thc
A. Baaic [t
~
It l~nil 1'rcs in uctditiuu tu tfiv ILus,~c I) I ur eACb nlumhing futurr_i
r•arhYpc dlri)c►astls 41iih wil.surt3 uHli. 1i4.
dvvirc.druinner, hut 10~, huilt in h iitci
s;!(tcaer Nmlcr cioseb. lu,, nlc,iiew, sinl:a, u, .
ctc
F'rtv31It bcNYet dir111,f1YI!►\f.l_Cljl 52is
31 AtCT t1f2itCr 5~~ LBL'h
a i lndusltiu1 wAStR p[~imattnent lulccteutui S15
includinL- i% trmp and vent ctcr t kit►.hen t x
i;rresr intrrir0uro funcliuuiuQ us fixture trans.
p u(wxlCC Lnch fixturr
5) Repbif ar stllrfafigS6
Ot vCtlt p3UI"
AIRiasnheric tiuc vacppni breakcr Mb k.,acd
"`j llacl+Duw prulrrlii, c dr% icc othi•r lhwn S6 Each
glnlospl►criC wRc vxcuum brr,~kws
~j 111ed'eca! ~as ~Lb Ycr oullct
~~l lntcrcr~~t~~r~ S(~ Each
Pacc 9 of 24
AU tLtO R :vt. rLiOu !
11_ls t~ ~iial feti
ldi _04.aX AhiPiL_W4t _0u; u}c e~>>,.
a. nsic fe
1) Bask fet tur imnjnQ eacb ~rrmit
~iafic ~'or r~~h s4pplraienlul ~ rmit
ki. l-nit frts !ip additioa w lbr bpk
!1 l'urmces & aaxacadcd hratt-,
rrlocat3on
c,. ag to pud inctljdine 100.000 btu -
t,. ovtr 100:000 btu ~
J l)uai work "lteu S10
J lleat auma & air cunditionrr
a. 0 tu 3 totts ~Lll
b. urrr 3 to 15 tons 51ti
c. y~ tr 1{ to 30 tocu 525
a%cr 3U lu 50 toaa ~3--;
e. n% cr SU ton! SbU
~ G~,twatcrbcRtct Li (-I
~ Gm Di[1i L avstetn l 'tLi ltl. s
bj Gas lag, f4rcplace, nud m iuscrt instullatiop ~J.()
appllancc veqts im~alLit~ua: rclocxliua: 7~ (0 L;~. ii
realAccmrnf
Kj Rcpxirs c►r wdditfo~ `1--'
91 BailrrY comvrosurs snd abaurptiun s% sitcros
p. to h- ll?O.OQO btu or tens $12
b. n% rr 3 l0 15 hi► - 10(1,(1(}1 to SUU.(Illll t 521+
E. o~~rr 15 - 30 h~, - soolun] tu 1.000,000
~ btu
d. ovrr 30 hn - I.00U,001 to 1,75I1.1100 htu 1.35
e. u, cr SU hn - ovc • 7SO.(IfI(► Ioc l~
M Air Handie"
x. Each unit un to 14,440 rfm, iurlilitiliL
ducts
b. [:ACh unit uver lU.(Hlp
l tI Froloarativc CuQlr (oth~.~r than poirtablr)
1h Ventilation and cshaust
~ Each fao connEtled to p siqele ducl
b. Cach vcatilAtlaa ati•-ktetu
f, Each h«od aerveii ht meeh<<~~<<.~~. i-~I~,~u~
!3J 1-,.,gctprratur~
g. lnslj!IlAtioa ar relycatioa c~t ~~.i
h, lnstallntio a ur relucsliuo of commercial
141 Apptianctx, eucb
Pege 10 of 24
ullljt•1 ~UU,Ifi1~~ ~iltj
tl. 400.1106i11U Ilf q% eI' ~1QU
1 ~I ~~uu+S
a, h 1 "u
1,. T) ac Il S I U
1' titaruce taa4► xlt'~
M ~N oud ur i'ellet stn% e invert
%
19 ~ u~k1 5't~~~ ~ 5~ 5tCll1 CrC Si<uldfil_, ar-e _ eelleeixc~ ~-Ihc£-c'-ti;--fli
ca bt!'w4"s-111~Cit'tt:
O~her fe - '
~-~~~~~r~ttt~w}-n~ • - . ~'~ti~-t_L-i+~~lc~~rt~i'-~~?:~~fi?14Ei~~t54H~~@rs-~tilt':
triLAislN6
PN`fRN-Fles
100 $r-}es S20:00
lo"t►-1:m . . 100 Cut-N d.;-plus S7.8~€+rr
c ::e"ddit iottal-HOO Ett-
•
cach-addtHetiid -1,3A8£e. 4•d-.
.l g;l38l-te-!W{39~ ~i 47:1 14fer-4w1ke fi , . ' ~4:08-€er
ctt , .1U-1;
}p{,g0}-io-2ggsg(~ ~3b&4)i~-fe~#e-f t~-~N~-04a1-.. VFAtts-3~~
additionit' 100,000 . ' .
?QABor-t"Rre plu% S 1
~
fvt~ttelz-~t~t~itie>~t~~4~,-894)-Ctt 1-ci.
Plefw4C4eeklflgFees
G..r~ F4;F
S0-9f`li'SS
S2-5:00
S25.00 ,090C-a; V . f!ht5-.$fi}-~
eae#-sddiflaims40;908-f ~~'•th
~-Nt1-~~-Ee-?N41,UHN S98.-W4c►r ' : ff;r
200,001 -or mo{'f SMOO
' . -~-~,d C;enr~-aff"-withau; ea~h-bt.-Fig-meved) WA(1
t {lf:,:; uuc:N-s=
Page i i af 24
~}~tc3J@C-c-s~fr~tl-~~lilc'-~U~cf+4+*i~-ferxYirc}1stC. --~7z'-i=2-:~ir-~?rl~:: is EI.-4iCif~t~tl
5~8 . Buildifig • • the ~f!s!~~._
-Mlesfl9ltTtthlc
Tt34_a:-'Vtt:u U:wr:
5-1--Eo S25Mgg 569,2S4oI-fhe-f#rsI-52;4~0pi«!,N1 K fo= e:tt+
addiiianal ,000, es- &.1hereef, up-t.t riitcl
ineluding-S25,898
,25008-1 to-s;~'►9H,3F38 S341.2446r-4fir-fi ~ itis-$10.404e-eaetr
addii-enel ~ eh up ic qi;f#
im7udingZ750,"000
. ,098-p!ets-67cil
s"MonsIS1,000,erfraeflen : ttl, Ett:i:tt1
i!!!'}ltdlAl9 8,100,000
sio .
~ ~~~ti9S*~v~s~ t 7
ttdd{ ' , , ien-Ebcreef9uP-w-xn+,
{ne'uding-Sti008,-898
$~{t) 8.75 ~~t
7T~Vwi°v° s' ~ ^I' 'A~-_ 4`,,
Sttl ~ r (T~i7V~ri'1J
e) ~~~y{I
pfivetc-~-4+++~s~1 S~?~+►o~
Pole btild~ags
-$rer-Ae~e~~iet~-qtt~e~t~rt~r~nc . et-;fmflle-~-►~ej-ec~~.
-Htt--ade#itiong!---
fllsrn-~+tw f=vct.
'
_ t4.~
F[,~gns; eee'Bind~TV -..Tr:L"'~t•..^.t`...::-r.itiitt•..- ...ti.'.- . tr.:.^~T-: ~-,:.1~.,. " . "
fK-plam-mvi~LL~
TcTr IIzY~
•~itt-~t+i~_'r.'_ fl`C ztt•.-~"fi'-:-:~:if~J!}:--FYfffi'4-}4yt!.'+.. ;t:Pngc 12 of 24
4~i~~5~E-~---~-ct:--:'~t}:.--=.ttr.->-v:f~inti-ii'rte_icti-i.c:~ , ~ir.--::~ . ~'i•.c i-. , • . . . .
'r'•
~tfiW E:
lefun,
.
_t.fi
F (►*'Iro EN Wtig-}n•rtu'tt ftt-
40¢,4 4f bk#g-pe{et
. n.k 65% 9f bidg-permli-fee
-tq.
feetil-
2!~6 Af-bldg-perm+f-fec
fiefe-§"-eterl
Plans-rcwk-ti+~-tcmporart-tt~rt-c►r s(rt:eHn- 2-596 Af b1de-perttl"cc•
C~'2LT~ii!i`t►-
iJj3f64,t'55 ►e-reqttffd Caf-t ~ - :}s'iIk'k{
~}--E P~-i cir~$tt4~ft''~@~--`.ri38! mahavi"A
t:~lfi:f2l-ha-fif't~1-i°i;~-~ii~~t'--fcn>ttfl~e±-lc?1~Tt E--Er~-•_i~-~J~~~uf~^~}$~l'~-
and ~ ed-:Tfr„t} . gi!},-an-ho4lf"J " _"@
e . •
.
t.-
2-) Ekk*ie-fer-essh sul plemerAe'
W.
;-i FOl- efteb- pk~eg-ROUP4►Ie ui, uy tii,. i u:rti,o- 2~
gitrb*gc-d6pnwL-,! AL4t-~s4-Mftc44tow
e#eV4QlY p me!
wf~c+~c'w-~c-~e{ebr~nr~tc~ries~ksr~~~s►
~
A) Watrr henier 86M f*Ch
41 Waitrial wts! ctpIof
inrtudht.-Hs-!
u f!f b
a~ r iti' i'if "~-d}ftfkg! • ESCh-fim##ti'
er-%-t"I piY'H.
6) mree"Atefic-ttpe vaeeum4mrler S(r.99 £ft+
$aeWe%-lsro"ivc-de-Aee-etbct-Aan "19 fsek
Riffles-lrrir-~+e-vatuum-hreekem
ki MedieAE-0s4 S" Bcr-F~itk•t
~1} Ifi~c-tii~?~~r-: Sft.(lA ~elf
Page 13 of 24
••.1J~~~\ (1~ i' ' ;•~:.-Y*.}~x . . i!r~t!:i1c.~ :i~-{:!C
ti--t+eic~~-ic'cl~~itctit-iiirtt~'*'*ci?~irc}
" Cr
~
f3aS41`(E`!5
t~ Perm! 62%5.00
2) •1~itt~1 V;:tl1
l
FulmN!'s--&-s"pCIld4d hi'Qllf'f ~r -
rei0enden
th up-to s~
b: avct~-1809Ao bw ~SK:41(t
~ . ~ ~-~:uc►
th 9-le-3%
b, ov-et3-#e-i5 tens ~N4i
~ sm SMgN
~ 535.8~
e. wer -49-1 eis 568.8(►
4) Gas wsErt-beeftr SWA+4
5) Q ['Ja~ : ~~~.(~p1"S Sym!R! 61:00 rcrttifilf'1
~ si 0.9
&18,40 Etc=+~
releeaflem
7) AppH* •
replikeeme"l
g~ ~or addodess
g) Beikrs, ,
_ e308,090-blu va"o
e. c'+i
bft
ds 6'1'Ci'38-1t.to-1,7R~t14Ni hftt
4% Air llandk-rq
!!t Flltt i! fltiiF
dwu,
~ E-flfiti tttT:i
~
ift e! ~:E~►
!h EiMt+e"196eim-s"tm ~*~-?~►ct
y meehiini .:I c~!s.:ti-i
4-3) t-e&-tt~4e~s
viviecefienefeemmere
44) :4pplian~ces, eacs
~i -11.0isitees
tr: 4001,000 ~411~:Af1{} 1►teL~►r ~~r« s~}p{~t~{~
Page 14 of?4
I lc;r H<ft.t~
~ P" ~~t).I•~~
L P Slsrftge-lfflak r~}~►.~;~,
~ ~ee~-e~-FeAe~-store-ia§efii ~N~~t►
44) ~ (tttE~ ~:iti a 7,t t
EhERGY CODE
Energy Code Plans check fce is also established to check to meet the requirements of RCW 5 1-11 WAC.
These are in addition to the Building Gode Fees. [f Ciri• inspcctors are assigned to verify Energy Plans,
the folluwing fees appi}•. If an outside energy, inspcctar is required, thai fee will bc detcrmined by the
outside agency and the fces below will not apply.
Residential RemodeUAddition s -a'
New Single Famity S4)'
TenAnt Improvemeat
~ A. 0 ta 10,000 squere fect S35•'"'
~ B. 10,001 square feet and over S45:~io
~ C. Multi-Family SWtM Per building
~ D. Ncw Cammercial and industrial S90M
OTHER BUILDING CODF FEES
( APProach Pertnit S50.1o+
Dcmotitioa Permit
S[ngle Famjly Residence SWO
Commerdal bulldinga S125:00
Garage or accessory huilding associsted Hith a S20+111
residence or commercial building
~ - , • 25% Ofbldgpermitfec
~
Rig6t-of-wav Pcrmit:
Category
1 Non-cut obstraction without clean-up $70
2 Non-cut obstruction with clean-up S105
3 Pavement cat obstrucNon non-winter S160
4 Pavemcnt cut obstrucdon, wiater $200
5 Long-duration or large projects $160
Page 15 of 24
A trafflc control plan rcview is requlred ii more thnn
SO% ot the width of any etreet is closed or if a eingle
arterijd lane ta closed. Plin revieR fee g50
If a category 5 permit requlres additional time, the
addidonal fee is S40 for each addition413 daya or pnrt
thereoi
Multiplc-usc and long-duration pcrmtb ahall require a
minimum deposit of S1,000
Sfgn Fees
Fets collected for a sign permit and a plans check fee for signs erected in accordsnce with the Sign Codc.
The fee below plus thc WSBCC feo of $4.50.
I Signs mounted on bnildiags 545.01
Siga and pole mounting ~~Aw
~ Tcmporary Certificatc of Occupancy ~.o{'
Wa.shington State Bullding Code Cauncil (W.S.B.C.C.) Sarcharge
A flat fee of 54.50 will be coltected on cach permjt for appravcd plans ar any other pcmiit that is issued in
accordancc with cUe Spokane Vallcy Building Code. EXCEPT: For multi-famity projccts, the fec is 54.50
for the first living unit and $2.00 for each additional unit. Trtic City Finance Department will focward this
fee to the WSHCC on a quurccrly basis_
OTHER NIISCELLANEOUS FEES
A. For City personnel
~ 1) Honrly rate set for Citti Employers (unless S58•0('
otherwisc specified)
2) Overtime chargea 1.5 times regnlar
rate
H. Hourly rate for contracted serrlces Set accordfng to
contract rate
E. House Movlag Fec
1) Class 1, Il, snd III - Moving permit S60:k141
I 2) Class 1, II, and II1- Inspection fee S60.0":
3) Class IV (if already permitted bj Spokane S-a-
County or 5pokane Cfty)
' PJus basernerrt/crawlspace vuluution permir fee
"Plus $58.00 per haur a{ter the 1" hojir, and S.SO per mtle ijthe building ro be moved into the
Ctty is outside the Cftt- limits
Page 16 of 24
G. V1'ork on any strncture or building without a
permlt if a Spoksne Valley Permit ia requircd:
~ 1) Minimum investfgative inspection fee $SS:Nt►
2) Total inveatigative fet to be eqaal to the penait fee determined for thc valae of the
Illcgal work sccompUahed
~ I. Eicess inspecNons for a given project created by S59.0 Per inspcctioo or
thc developer, owner or contractor re-inspection
J. Condominium convcrsion plans review/'inspectjon Based on valae of
fee projert and bldg
code valuatioo
L. Enclosing an exhting deck or patio
1) Plans c6eck fee 40% Of tfic basic fee for
plans cnamination
2) Basic permit fee Bssed on valne of
projcrt; mIa[mnm
S3,o0o
~ M. Swimming p4ols (Oi-er 5,000 gallons) SSQA+U Ptua plumbing feea
N. Rc-roo[Permh: Fee based on the valae of the project. tio plaa miew fee wW be charged
unless plans are snbmlttcd for reviea•.
~ O. Chpnge of Use or Occupanrr• Classificatioa permit S58Mi
P. Tn«-crs, elevsted tink%, antennss Rnsed ~
~ ~a- a.n~~ .a. . . . f ' .
l. r . • fier--1$~
~ W-Pitt~~~tge~td-~ - 10
I'age 17 of 24
Schedule C - FIRE CODE
FiRE ALARM, SpRINKLER AND OTHER PROTECTION SYSTEMS
City procossing fcr of S35 is addod to these Fire District l fees.
Plans cbeck and review fas, inspcctiuns, and Pertnit for iastallation of sepazate fire alarm system or
sprinkler system applications, and other fue prolection systems.
Fire Alarm System
New installsNoa
1-4 devices
5-100 devices S2-
Addidonal 100 devices $ $ '
Eac6 addidonal panel $ 4
Sprinkler supervision only
Each additional floor S
Fire Spr[nkler Syatems
1-9 heads $ 5 '
10-49 $ is-
50-100 $ :a-q-j-'
101-200 $3; 9-2-5
201-300 $3 r --3C)
301-440
401-500
SOQ+ $5500 + $.36^• pcn ceaci
For hydraulically designed systcros multiply the above fet by 2
Ncw Suppreasion Systems
Range hoods, halon, C02, dn. chemical, FM 200, intergen sprny boolhs, etc.
Unit 1-5 nozzles $1 ~0a
Over 5 nozzles S11 1_Q0 +$110 per nozzle
Bott1e(s) $3 c: per bottle
F've Pump lnstallation
~ Plan review 8 inspection fee S5 ('O
~ Undergronnd Fire Mains - Plan review• and i.nspect. S1i,=1T
Standplpea not a part of automattc svppression system
~ plan review and inspection
Page 18 of'a
Other Protcction Systems
~ Fire cxtinguishing system (ocher thnn sprinklers) - $ 5::-,
plus $1.SO per nozzle
Standpipe installation
I Class I and Class II $
~ Class III $ 71'0
Tank installation - per tank
Flammable and combustible liyuids - storage
tanks installation s ! fO
HaTnrdous materials - stora.ge tanlcs installation S70
Liquefied pctroleum s 160
GasBOUS oxygen systems ~ 60
Nitrous systems S 760
Medical gas systems ~ 760
HazBrdous material recycling systems S';.60
Vapor recovery system $ '60
Cryogenic S 760
Removal, abandonment or any combination
thereof of flammable or cambustible
I liquid storage tanks s 140'
Fmergency or standby commercial power
~ geaeraior install s ' 60
PERMITS
Conditionsl Usc Permit ~ ~6 0
Temporary Use Permit $ 750
Tents/canopy Permit 70
i~.•nt 1'~ t i~,it T~It11{~E-ttf) - •r^ ti
t3C:c~tiF}it:.
PLAri5 CHECk AND RE`'IEW BY THE BURF.AU OF FIRE PI2E%*T-.N-i'l0N
New commercial plans check and insperNon (for
projects not mentioned elsei+-herc) S 60
LAND USE
Snbdivision/PL1U
~1 •~0
I Preliminary
Final $ (>0
Short P1At
I Preliminary $ l ; ___1 0
I'inal s ~'0
F'age 19 of 24
Schedule D - PARKS & RECREATION
ADNDNISTRATIVE FEES
Basic fees to be considered when applying rates
I Adm[nistrAtive Fee W.('''
Refuse Fee W•i rn
AQUATICS
Pool admtssion (agc S and aader) free
Pool admiasioa (ngt older thin 5) s1=4►O
Pool pnncL pm (25 awims) S2"
Weekend fam[1y dlscoant 1 chUd uader 13 frce
wftb paying advlt
S•%Ut1t11111l; I.c•,.,It. ~ili
~ri ►Ill 1 Cdfi~ 1 ct -
Reserrntion (less Wan SO people) S104MO Per hour'
Food fec (if applicable) ~&00
Reaervatian (50 -100 people) S1254440 Per hour"
Food tee (ltapplicable) 550,()11
Reservatioa (lOl -150 peopk) 5150.W Per 6oar'
Food fee (Uapplfcabk) S75:00
",'4tinimunt ? hotrrs
ALCOHOLIC BFN'ERAGE PERNi17'
( Alcohollc Bevcrngc Permit Fec sIp:`;"
CENTERPLACE
Conference Cepter Wing
Auditorium S7S:4A) Per 6our
Auditorium 5450:0() Per day
Auditorium S225.04► per lwlf day
Auditorium w1Pr+esentatioa Syatem 554.00 per hoar *
Auditorium wJPresentatioo System 5300.00 Per day '
Auditorium w'IPreseatation System $150._00 Per half da~. "
Auditorium Dcposit S50A)1;
Eiecudve Confcrence Room $S"► Pcr hour
Ezecnth•e Conference Room Deposit $50m)
Mtetiag Room (Ds►y & Evening Use) S44:00 Per 6onr
Meeting Rooip S250 Per day
Lxr,~e l~]retinL_ltuc~i» N"L Yt r huu!
_ ~IIS rr 1j i'cr 9 hi ii.o
Meeting Room S12&00 Per halfday
Mcecing Room Ilepc►sit S50,00
* Requires rental of presentation system on gage 16
Page 20 of 24
GreAt Room
Kitchen wJDinfiag Room Reotal $100.0+) Per nae
Kitc6en - Commenial Use (2 hour min.) SSO:04-1 Per honr
Kitchen Deposit 550.40
Multi-Uae/Banquet Hall 5100.04a Per hour
Muld-UselBanqnet Hall 5800:i6 9 6r sesaion
Mnlti-UselBanqnet HAll 51,50400 All day (6nm-lam)
SmAll Dlning Area S50M Per hoar
Deposit 5204:EiO
Stage S20 Per section per day
~-eswc it~u~u, al 11 `!~.(lfl
Tabk Settings (linens & tablc%varc) S''- Per place settino
Senior Center Wini,
Lonngc R itb Daw. :
Lounge with Dswce Floor StiUO,:.; Yer cJ,. .
Loungc Deposit ~00,440
Mceting Rooro (Evening Use) S40,00 Per ht,w i
Meetiag Room (Evening Liae) S125,0 4 hr scs~; ~MeeHng Room (VYeekend Uae) S250:00 Per daN
MeMiag Raow (Weekeod Uee) SI25M► Per hA11 .
Meeting Room Deposit $50JO
Prlvste Dining Room S50A►41 Per 6ou i
Privatc Diuin~! Rnom Deposit Wcllness i
Miscellaaeou
Cles►nop fee S50-3uU Yt~
I Host/gostcsa (nttcr hours) S15.F►{+ Yer 1,, .:i
Preseetation System (includes projectorlpodium/ 5250.s91 Per (t.; ;
DVD/VCR/sound system/camera system)
Room Setup S254)0 Per 1-of
SstteUite Video Conferencing S2504)41 Per huu !
Sound System S48:A++ Per day
Techaical Support 540AN► Per 6nar
TelevisionNCR $75A)O Per day
Touch Pad Yoting System S115,40 Base stxdon per
+sis asy
Per kry-pad per day
I'ct h<ui
SIUU Yc~ c1:~~
l o[ire tiervicr 125 SNr% i•,:
I.intna unlt ~Ld`
\~it~c LLu., oul~ riut:ll Yrl'_I,I.. -
EVENTS - includes Pavilion
Events include but are not limited to activities such as car shows, tournements and activities involving
200 ar morc people. The Director of Par?:s and Rccreation will make the final detormination.
Page 21 of 24
General Fee S150:00
Noo-profit applicadons iti, nisa « c11.1u_v± <<, S80 Or [rce wit6
a llr1yn.:~,.4. iponsora6lp•
::_f►41
:~t,ft_profit ~~oGrau-a- v ich 50 .,r 1t-„ it,_:,iitc,d.,:;ko
iiastiuW_ Wzht out!
I ' ' J: • '_.J:..F. .3.I , . . ..t: . - r:l~e'~... . . •r~'rrr:..:r rr . :
f•f • '1 '
FIELD RENTAL
~ Use Fee S25:1,10 First hour ptus S15
eacb addidonsl bour
INDOOR USE
I ppen gym admission S2.4N►
Ptaygronnd program ndmission (10 entries) $204111
MIRABEALI
Mlrabeau Springa
Small abelter and wAterfall 5150:00 hlniimum 4 hours
I Refaadable depoait (lcss thun 200 pcople) Si4.111'
Mirabcau Meadovve
Sheltcr (kas then 200 people) S80.':."'
56elter (200 or mvre peoplc) S150,0';
Refundable deposit (less than 200 peoplc) S50•4=';
Refundable de{wsit (200 or more people) S254:110
PICivIC SHELTERS
S{~~.11~:4~~t _ ~ ~ ~ l. , ~ ~ .
Picnic Sheiter (len than 200 pcapie)
Ptcnlc S6elter (200 or more people) S150:WI
Refundable deposit (lcss than 200 people) S50.01°`
Refundable deposit (200 or morc people) $2504`"
PROFESSIONAL PHOTOGRAPHY
~ Permlt Fee 525.4:;' Annuul
RECREATION
Recreation program fees ure set to recaver costs as specified in the Parks and Recrc:ation revenue
policy.
VALLEl' MISSION ARENA
Renta!' S100:00 Per Reekead
I Refundable dcposit S50.00
'Renter responsible fnr nn-sire preptrratfon. Re»tal requires liabtlin, iruurcmce.
Pagc 22 of 24
Schedule E - A.DMINISTRATIVE
COPY FEE5
Copy of audlo tapes, video txpes, photw, maps or ot6er At cost
records nceding reproducHon
Copy of writtea rerords $0.15 Per page
~ Cop' -1.4rge tormat S301 Pcr pAgc
Copy of fnll documenb At cost
OTHER ADMIMSTRATIYE FEES
I NSF C.heck $25
~:li-ii~t`~.~#~:'t`rt,l'.~`.'.~ •
Pu;;t 23 of 24
Schedule F - 01`HER FEES
ADLILT ENTER7ALtiMENT FEES
Eetsblis6ment Licenaes
I Live Adult EntcrtaIament S1,504=!►i'
Adalt Arcade $1,500:t;o
Other Adntt Entertainmeat Liceaacs
Adult Arrade Devlce Lcense 5154:0'1
Manager Liceaae S 1 SO:01,
Eatertalner I.icensc S1-r+4.0"
Latc License Fee - Charged in addition to license fee.
Percent of
Past Due Calendar Days License Fce
7 - 30 25%
31 - 60 SO %
61 and over 75%
BUSINESS REGISTRATION FEES
Business registration $13 each year
Nonpmfit registratian $ 3 ench year
SECURTTY FAISE AI.ARM FEES
Repeated malfunctioning sccurity false alarms in a given six-month prrioci.
Firat alsirm No c6arge
Sccond alarm S34.s;}±
Thlyd alarm S70:00
Fourth nnd snbseqaeat alarms 5120.14+
STORM WATER CtTILiTY CHARGE ON DEN'F,LOPF.D PARCELS
Each siaglo-fam[t} unit cach ycar S21
All othcr propertles each Per 3,160 squam feet
AIcott-Grove S21 of lmpervfous anrface
Rtdgemont #3 $36 XX.XX)CXXXXX)LXIX
S3a.bS
I TOW OPERATUR ANNUAL REGIS'TRATION fEE $100
OVERSI7.ED LOAD PERNiTT FEE S2$
Pnge 24 of 24
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 18, 2008 City Manager Sign-off:
(tem: CheCk all that apply: p Consent 0 Old business ❑ New business O Pubfic Hearing
❑ Information ❑ Admin. Report ❑ Pending Legislation
AGENDA ITEM TITLE: Sprague and Appleway Corridors Subarea Plan Deliberations - Book
II: Development Regulations
GOVERNING LEGISLATION: The Subarea Plan must be consistent with the City's
Comprehensive Plan and the Washington State Growth Management Act (GMA), RCW 36.70A.
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: On September 16, 2008, Council decided to adopt the "hybrid' option for
Sprague and Appleway; specifically to maintain the one-way couplet system between I-90 and
Dishman-Mica and to change Sprague and Appleway into a two-way system east of Dishman-
Mica. Council also discussed the deliberations process with mixed opinions on how to proceed,
with the majority of Council expressing a desire fot deliberations to be more focused.
; j This deliberation session will begin by revisiting Section 2.0, Orientation. Staff will revieuw
research conducted on building/land valuation and construction cost estimates relative to the
applicability of the proposed regulations to new development and re-development. Staff will
also review non-conforming regulations adopted by Spokane Valley, with a comparison to other
cities (see attached staff memorandums).
Council will then begin deliberations on specific requests for individual properties to be included
or excluded from the subarea plan boundary. Attached to this RCA are letters from citizens
requesting changes to the subarea plan boundary and minutes from Planning Commission
deliberations where subarea plan boundary changes were discussed.
OPTIONS: NIA RECOMMENDED ACTION OR MOTION:
Subarea Plan deliberations will continue as directed by Council.
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Scott Kuhta, Senior Planner
Attachment: 1. Rcvised Section 2.0 Orientation
2. Staff Memo: Land/Structure Value Comparison
3. Staff Memo: Nonconforming Regulations Comparison
4. !'roposed Zoning Map
5. L,settcrs requesting in/out of subarea plan boundary.
6. Planning Commission Minutes
1AuD6;1 CImges - Caullcil f]elibcruions
Sprague+'A.ppleway F.evitalization Plan
~ ~r1,cr 2008
2.0. ORIENTATXON
Boak n cvneaim the F]evciQprnmt ReOations thati govera aLli 4uture private drvelcpnsent a+:t%ons in the Spokane
IJ'slle}' -Spmgue and Applew°a}' Corridm Subsres Plafl -Area (Flan Area), These 5tudards %i11 be rt~eA to evalua3e
pzivee dewelopnmt projccts ar iapmvem+ent plans propo:ed far gruperties witliin the PUm Ajw. Gttidelirt~~ ~
comideeed recommandations for new development. The Developrnent Reevlations uae pre:sentcd in the fallowing
wven sectiorss: :.Q Orisntasiaa, 2.1. I3istrict Zones Regulations, 2.2 Site L1evelapmcnt Regulativns, 23. S"-et and
t}prri Spsce PLaguMom, 2A P$Aing Regulatiairs. 2.5 Afch fzCL'ti8i RC$'lllAfli]T15, and 2.6 Stgnage Rcgulatioas.
1} C1ty Center Ilhtricl Zout_ These reguiasiorls shall npply to:
ae N+cw constrvctioa,
b. Adci4tians greaterthaa 241,16 ofthe W itding fl a*r$rct. c. Eactetior [m,provemeats ("fscvIifts'°)
cost4 m-ore then 210'~"o of the M55med nr appraised valuc uf €he bUEldiag and land. Suchozterior
mgulations shnll eoa#'arm to the arrhit.WuMi MgulDfi0ns coititained rn 5e-ction 2 3.
2jAkl Othcr Distrjct Zaaes. Thc:sv mVi1kriotis shail sppl;r tn;
a. New canstruzkion.
h. E.+trrior iasprovemimts costing nuare t~m 20°/8 oFtht assessed oT u}aprai5ed vtilue af
the builda~g and Ivd.. 5uch cxterior smpravcmcats sha1l confnrm to the arcbltedural regult+tipns
co.nained 'm Section 2.5.
3} New Construrt[oa. New ccautruckioo is definod ss ao +.ntfrc-cly new StrYY9C$1SiC 4F the r~onsUmctian,
rumfadcl, robabiEitataon ua expaw iun vtm bOdi,ng costing vnore thm ifto of the assessei or appTaLqcd valur
I 4f the existing strucmre .=al I,:- i l,
4] Existfag Dutldings and Conypleted Ap~ikatians, Nolhiztg conttunetl itr this srGtion shal.l require an}
change to an exlstGn ; bui.l~g or structure i'or whieh is bvilding permil hos been previaLsi►° issued or
aFpiie1 fnr in the Cemmwiity Deveiopment Dcpmtraen# and the app1ir€taon is deemcd eamplete phor ta
the effecti ~-e datx Pf thts Subarea Paan.
Ovtnershlpfl'enant Changes. Ctmigos in prapeii3r o-Amershzp +dr Geuan#s of ex,isiitxg rsses shall likcwise
rcciiire no change in ntsy cxis#Istg building ar strucurs.
6;} Limoitatlons oo Requirrtl Idr~pr*vrments. Where improvernents and ald:Etians ar{e madt tu existiag
buildinzs, m4quiretncats for renovation os enlargernczixs apply onlv to nei neur llaar anuL IFreguiatiaFns tu be
applied tv nct ncav fkuor area are rict[ sper:ifi~-d in ktt[s Subarea Piax., Ehccn #hn Commwnitrr De+velopment
i]irecsorJDesizn~e 5ihAll dclff'n.ine vwhich regulatioars shal lapply.
7) troa-conforniaag uses shzu bv regulatea by Spaka~e V~lv~ Municipaj coar (svMc) Titlc 19.20.0".
De-+-elrapmew r~gulatinns csteblfibed, in this 1'Jan tm SpecZficd as either Sfandards a€ GufdeUmes.
Mandarr# a4&oss thosc aVccts of der-elopment " are cssentW to achievr the goals of the Subarreo Plan.
The}' incW~ spc+clfieaiioas far sitt developrnvnr and buildbg dcstgn, suc.h as peamittrd laad usees, buhdi~g
hciglxt and sr~bacl~ ConfDrrrtance witk stuncbards Es mundatory. Such pmvisians are xndicated by use of
the w4rds "shall", "must'", or "Wis aat permitttd_..
Guldellnxs proaidc gi.idance For new dev~lopmcnt in tcrms uf aesthe€ics Bnd ather CMsirfrra.tions liuc~ ~S
disuicfi. chariactcr or design deui.ls_ Tkey"re intcnded to d'irrct building =d site desi p in a ►vay thsi results
mLhe contittu[ry af the vzdued ctuamcfer of chr Citv of Sgak,ane Vallcy-. Whercas conftsrrrwcc u-it7 thr.
Standards is rt'aMatory, conFormauce with tb,& Ciuidclines is rrcommeac€ed. Pro,~zsWIIs tha4 fmll into thi-i
cawgo;y pm indimtk-d by the use of Tivard5 "shtruid,", "rnay,• or "are eacoumged to." in v•arioiss cast!5. the
Guidrlint* pravidea choice of brcatmears that will arhievi The desbrd eFfcct
PEge 1 [rf 8
H:''~tEapattlcek 11-1"B\5AFtP ODuradf Change5 - d,[} ORIEHTA7kON 10-2"8.doc
Chnnges - Council Deliberations
SpragurJAppleway Revitaliintioa Plan
( .:-to':ef-?4t?,:t, ~hc- _t,20U8
1) Pnrpoae
Thcsc admiaistrgtiva proceQures have two major purposes:
i 1 To ensurc that dcvelopmeni in the Plen Area conforms to the Plan's rcguletiom
ii) To cnsure thui the City's rcr'icw is as expedited as possible while rcmaining kgal and proper.
2) Coaformlty wit6 the Piin
Each application will be review-ed by the City far canformity with the Subarca Plan. Ccmformity has rn•o
compontau:
i) Siandords. Compliance with the StBndsrds in the Plan is mandatnry end the City mary not approve a
praject thet fails w comply with the Standards.
ii1 Gyldelfna. Conformancc to the guidelines is rccommrndcd.
3) Projat Revlcw
Applications for development approvals shell be filed with the Communiry Devolopment
DirectorJDesignce. Appliratians must mcet all items identified in the Pten as "5tandards". Appllcations wil)
bc deemed iacomplete if they do not conform to the Alan Stsndatds atyd wtill be returned to the eppticant for
revis[oa Applications that the Cainmunity I?evciopmcnt Diroctar/Desigaec has determined to be complete
shall be proccssed consistent wit3i SVMC Titles 17 and 24. Conformance to the guidelines is
reconunendzd.
The Develapment Regulatioas in this dnciuncnt are applied to those praperties within the 5pokane Valicy - Sprague
and Appleway Corridors Subarea Plan Area as indicated on the Plan Area ump (set FigI 1 in the lntroducdon.).
1) The Developmcnt Regulatloos are divided into ai: sectioas:
2.1. DlstrleJ Zunes Regulalions establish a series of Districi Zones as the basic organizing principle for all
development regulations and set forth standards and Etuidelines thai nrr specific for each District 'Lone.
2.2. Site Developmcnt Regulariarrs govern permitted and canditionall}• penniRtrd use categorics, minimum
and maxlarum building hcight, buiiding plnccmcnt'dlsposltion, and cnch dcvclapmeat's frontnge
conditioas.
2.3. Srreet and Upeh SpQre Regulattons sct forth minimum rcquiromeats for the provision, dssign, and
cuofigurntion of mv smeets and publicly accessible spacrs as well as rrgulatioas goveruing
tandscapjng of front, side, and rear yards and other un-sitt improvements to easure that ncw
development creatcs aurartive aad livable Ciry• Cxntar and Corridor env'uonments w•ith amcnities for
pedestrinns.
2.4. Purkl,g Regulotloru set Corth parking t}pe, provision, nnd design requiremcnts to ensure that the
parking provided for new dtvelopmern contributes to ench district's enrzsioned enviroament.
2.5. ,9rchitectura! Regulallau regulate building rtwssing. compositiun, end design. They ere proAded to
ensure thet new development will reinforce the essential scale and characur ot oach district within the
Plan Area
2.6. Signoge Regulatlons govern signagr types end thoir location, number end configuration.
2) To resiew the regutatloas for new develapmeaG
See Fig 2.0.3. "How to Use the Development Rcgulations" fn eddidon to the uext below for instruciions an
how- to lorate and rtriew the Development Regulations thai apply to a specific propertv.
Page 2 of 8
H;\ageridapacket 11-18-08\SARP CouRCil Changes - 2.0 ORIENTATIOtV 10-28-OS.dx
I = Changes -Council Deliberations
Sprague/Appleway Revitalization Plan
I t_ :,:4_bef 2-'. r 1,: ii,h;:r' ti, 2008
a) Ideadfy the property'a Dbtrict Zone - Loceit the propertv in question on the District Zoaa Mep
(Fig.2.1.). Note which District Zanelsj the property is im
b) Revkw District-Spccltic regnlatioas - Rcfor to the approFxiatc District Zonta Rcgulatians uction m
order to rov{cw District-5pccific rcgulations for tts$t Distrirt Zone(s). 7bcse ngulations arc provided
oa the Disrrici Zanes Regutations pnges in Sectioas 2.1.1 - 2.1.6. 'ILe District Zones Map &
Regulatians ara iniendai as a summary and do eot eacompass nll mandatory standards presented
throughout the Devolopment Rogulations. Rcference eech applicablt section on the pagas that follow
for definidons and specificutions of each rogulatcd elemem.
c) Review eegubtions common to all propertia in the Plaa Area - Regulurioas common to all
properties in the Plan Arce can bc found in all sectims of the Uevelopment Regtilarions.
d) Repbtbn cotapliancs - Projects must compty with ap smdards in order to achieve approvnl in the
develupmental review praress_ Projccts are encouraged to adherc to the recommendations prescntrd as
guidelines u•iihin each scction_
Page 3 ot B
H:`„agendapacket 11-18-OS\SARP Councll Changes - 2.0 ORIENTATION 10-28-08.doc
S001&ne
~/ISj~,l 11707 E 5prague Ave Suite 106 ♦ Spokane Valley WA 99206
a 509.921.1000 ♦ Fatt: 509.921.1008 • cityhallR~spokanevatley.org
Memorandum
To: Kathy McClung, Ofrector
Scott Kuhta, Senlor Planner
From: Lori Barlow, Asaociate Planner
Date: October 27, 2008
Re: Comparison of Bupding Pertnit Project
to the Subarea Plan Applicability Sectlo,
l liavc reviewed the projects listed below and identified the new project value and the Spc>I,
County Assessed Value of the existing structure and land. 1'he purpose was to comparc tlic
project value to assessed values a.s it relates to the applicability section of the Spregue and
Appleway Subazea Plan. The ptojects reviewed include the R'inco Tenant [mprovement (TI),
Carl's Jr Tl, Rite Aid (New Building), University City TI and exterior improvemcnts, and a
change of use (CUU) for Sparky's Subs to an office. "Che table indicates that 3 out of the 5
projects would have been required to comply -%ith the full extent of the devclopment regulatians
contained in the Subarea plan based on the applicability language noted in 2.0.1.(a). The
IF►nguagc states:
7'he full extenl oTrhe developnle»i regulutrorLc contained iaithin lhis sectinn shall arply
nnly to new ronstructron... 14eis, constniction is considered tn he an entirely new
stracture or signiftcanu reconstrurtion of an exisling structure. .Significant reconstrerclion
sha11 rnclrrde renrndel, rehabilitation or ndditions casting mnre ljran SO% ojrhe as.ces.sed
or nppraised value of the exrsting structtire.
[f'the exteriar improvements for the University City sitc were considered separately, thev «<ould
not have been required to comply %vith the architectural regulations of the subarea plan, since the
praject cost compared to assessed value was Icss than the proposed 20% threshold noted.
Section 2.0.1(b) siates:
"Exterior imprwements costing more than 20' ojrhe assessed or appraised value ojrhe
building and 1he land and additions to bulldings lhat are greater than 20% of the
existingJloor area shall complv with the architecirrrnl regrrlations contcrined in Secrion
2.5, -
It c.an not be determinecl whether the Carl's Jr. site «•ould have been required to comply with thc
extcrior regulAtions of the plan, siacc thc permit valuation included the inlerior and extcrior
PaKe 1
improvemcnts as onc sum. Without researching any deeper, it appears that Ctul's 1r. would not
bcen required to comply with the subares plan. 'Ihe Ritc Aid site is unique in that the proposal is
to demolish the buildings and construct a new building, hcnce that project would have triggered
the Subarea regulstions. However, since the existing building values arc relatively low, it is
likely that any significant improvcments would have triggered the aPplicability of the sub.rea
plan regulations .
Ncw F'rojtct
Proj Value
ect 4 Spoicanc Caanty Asscssrtl T°~~ compared to
Address Projert Value Laad/Bailding Value eiisting ralues
pe9cripifaa Value in pcrceot
9724 F. Sprsgue Ava S6.200,000 S1,132,490/4,488,MHf S5,620,490 110%
Winco - TI
13920 E Sprgguc S250,000 S248,660 ! 376,400 S625,060 40%
Carl's Jr. - TI Rite Aki - Dcmolitlon Parcel 445211.0101 565,780 10 565,780
and New ConstrneUon Parcel #4521 L0102 S49,500/166,000 5215,500
( thc site invotves S Parccl #45211.0103 $25,400/59,200 584,600
separatc parcels) 52.250,000 Parrel tl45211.0I04 560,450/106,800 S167,250 304%
Parcel #45211.0l055101,0001106.100 5207,100
Tatal 5740,230
10722 E Sprague
Univrroity City - Wcst ;S% .n
Vellev Sclloul Districl TI S543,330
Ti 471890 /51:5400 S987,290 10 E:t
and Ert $100,000
lmprovemcnts
F-itcrior
Improvemeuta
14916 E Spraguc
COU - Sp2r4y's Subs 590,000 S161,200 / S255,200 5416.400 22%
to Oftlcc
Since the project value is key to the applicability section of the plan, I als4 reviewed three recent
building permit applications sited along Sprague Avenuc. This was intended to pmvide a value
reference to determine whether newer construction may be required to comply with the
rcgulations of the subarea plan ai a later date. Based on the applicability section language noted
abovc which considers extecior improvemcnts costing more than 20% of the assessed value of
the building, and new or sipificant conswction costing more tluin SQ% of the assessod vulue of
the existing struciure, thc table below identiGes the applicable dollar thresholds. Zhe valucs do
not include any land values. With the exception of thc sheU huilding, it is unlikcly that ncwer
construction will be required to comply with regulations contained in the plan in the cvent thnt
impmvemenis are proposcd sincc the values are so high.
Puge 2
EAtorior SigniCcnnt
Project Cost based on jmrfO11me0ts R.coastruction
ProJect and addreas Baildfng Pcrmft Fces 20 fo of Structurc 50 otStructure
Vatue, cacluding Land Value, e:cluding Land
Value Va1ac
Chuck E Chear S1:S881000 5317,600 S794,000
13916 E Spraguc
[NB llnnk S1.300,000 $418,800 5650,000
15015 E Spragne
Dick Behm (Shell- only Bldg) 5220,0M 5+W1000 $110,000
9415 E Sprugue
t also review•ed the a.ssessed property values of a one block area of land that surrotuided thc
intersection of Pines and Sprague. This review was intendcd to relate thc 20% and SO%
applicability thresholds to a random selection of exiscing structures to determine the putcntial to
Eie required ta comply with the regulatioas of the sub area plan if exterior improvements or
significant remodcls were proposed. The intersection was chosen since it had old, new, and
vacttnt buildings.
"11he area is depicted in the aerial below. Tbe street addresses and property lines are displayed.
Z'he table that follows indicates the Spokanc Couniy assessed valucs for structure and land, and
the 20% and 50 % threshold values as they relate to the property. Based on the otdcr age of
many of the buildings, in conjuncdon with lhe fact that in many cases very little improvements
have occurred, this seems a reasonable arca where change consistent with the plan would accur.
[t appears thst if the thresholds as proposed were implemented, that the older and smaller
huildings arc more likely to be rcquired to comply sincc the valtte is low. Please scc the table on
the following pagc for spccific information.
yG r ~ - . ~ ~ .
- .7~ a . - ^ ~r „ j ,•1,'~ ~ ~.r- - ~ ~,r~~ - -
_ -r---°1 ~ • _ - ` ~
l+ r." _ _ i - 'I~, f ` _t'`ny~ T~.. ~~r'•
~ -~F:'~A . .
1 _ ~ _ ; t I ~
~
~
,!il:--.J~. ~ ' •u • - 'p~`+ •i
7r s: = • . .t' ,
~ ~ f -~~1 ' ~ -
~ ' ; •~t~' ' ~ -
_ ~-...1~~,~-t•-rY`-:7 'I~' ~ C_~.' I~ ~,'r w r - .'1.
e)v~.c•7•T~ -
Figw-c 1 ihnc: antt tipragui• IutcrSrcUkili
Page 3
I
I
i '
Assessed Prvperty Values for a'I black Area Surraunding the I
Pines and Sprague Intersectian Building Land Totm 20%f 50°la Year
Street Address 1lalue $ Vaiue $ Yalue $ Of To taI 1Jalue Built ! Remadeled
NW Block
12205 E Sprague (County auffet. ~3~7,934 f$7~9.8~5 1967f 1997
,loan's. Card Shop) $1,048,700 $490,$70 $~1,539,670 13 hJ Pines (Vacan# ) 3,700 41,600 45,300 9,060 122,650
12219 E$pragu2 (Paydaytagins) 182,900 79,410 254,310 50,862 1127.155 1967
12109ES pr2gue{RiteAid..4aronselc} 3,171,344 969,30 4,140~610 828,12212,070,305 197912000
12026 E sprague {Beyand Beads ett,} 557,800 136,000 887,800 137,560 1343,900 1954 ! 1978
12005 E Sprague (WAMU) 1,523,900 232,430 1,762,330 352,466 f 881,165 1978 I'1993
SW Block
121D2 E Sprague (off~ce) 92,000 26,000 118,000 23,604 169,000 1941
12106 E Sprague (parking) 2,300 50,500 52,800 10,560f 26,400
12114 ESprague (museurn) 165,800 50,500 216,300 43,260 1106,150 1989
12116 E sPrague (lcnabod's) 195,000 W500 245,500 49,100 1122,750 1948
12118 ESprague ( Pete's Hardware) 127,704 49,990 177,690 35.538188,845 1922
12122 E Sprague (Rhapsady Salon) 86,200 25,860 112,060 22,412156,030 1922 11947
12124 ESprague (Dave's BadGr+fl) 92,900 25,260 118,164 23,632 159,080 192111994
Rite Aid Site (Values nvteci abvve) 740,230 1.148.0461370,115
3E Block
i306 E Sprague (WaIgreen's) 1,253,900 385,660 1639,560 327,912 1818,780 2003
~2328 ESprague (Starbuck's) 433,700 103,360 537,060 107,4121268.630 2004
12404 E Sprague (Xaoo Time) 816,600 1 65,730 1,002,230 200,448 1501,1 15 2004
12414 E Sprague (Skrip Mall) 402,800 109,440 512,240 102,448 1256,120 1979 f2006
NE 8tock
10 N Pines (Albertson's) 624,700 943,600 1,568,300 313,660 1784,150 197711987
6N Pines (Denny's) 367,700 191,800 569,500 111,9001279,750 1M
20 N Pines (Strip Ma1l) 170,600 147,100 397,600 63,520 1158,800 1970
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Page 4
[Q C1el . _
SVaUff
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I 11747 E 5prague Ave 5uite 106 # 5pokane Valley WA 99206
509.921.1000 4 Fax: 509.921.1008 4 Cityhall@spakanevalley.org
Memorandum
To: City Council; Dave Mercier, City Ntianager; Pllike ,lackson, Depu#y City Manager
From: Katrihy McClung, Community Develapment Director
Date: November'k8, 2008
Re: SARP - Nonconforming Considerations
NOriGOnFoiiillrig j}roviSiOT15 1 ri a ZoT]1Tlg Cpde are t0 pr0V1dC SOiZle fl E7{1Uillty fOI' e?[I Stiilg U5e5 a13d I
development after c:odes charage. The 1oiig-term goal is to bring the nonconformances irt#o I
cornpliance with curren# codes. One way this happens is ko pravide opportunity ta use l'he I
propcrty in its current conditian, bUt to encaurage ncvAr investment #o happen under current cvdes.
Staff campared the prvpvsed laiiguage for noncanformances in the Sprague Appleway I
Revitalizativn P1an (SA1tP) and existing lauiguage in #he S pokane Va11ey Municipal Cade
(SVMC) with thc Cities vf Spokaule, Federal Way, Kent, and Liberty Laice, There were tYuee
azeas of facus= nonconforrn ing use, nonconforming devclapmenl and thc issue of when a ~
building can be replaced after a fire ar vther disaster.
"1 es ~ f Nonconformance:
i
i }Use- T11e use is no longer pemtiitted in the zone it is locaCed in but was lega1ly cstablished prior i,
ta the zone change. '
Developm ent- There is something about the site tbat does not c;ornply with currenC standards i.e,
pasking, landscaping, design standarrls, setbackS, etc.
I Rebuilding affer dcrmage- Following a fire ar natural disaster, when can a nonconformuig use or
building be rcbuilt with the same noncon.fvrmanccs.
Cam arison af Codes:
SARP
LFSo- Refers to the SViV1C. IVonconforming use must be brought in#o confoxmancc Lf the use is
discantinucd far 12 snonths_ Ano#her nonconforrtiing usC maY acCupy the site if directvr
determines that the new use i,, rnorc canforming than previous use; the use has no greater
demand on trafF~c and use dae-s not adversely affec# neighbvring properties_
~
Development- Applies to new construction and additions greater than 20% o1'building's floor
area. Regulations also apply to proposed exterior improvements costing more than 20% of the
asscssed or appraiseti value of the building and land.
Damaged improvements- Refers back to SVMC. Damaged improvements may be replaced if:
inidated within 12 months and damage is Icss than 80 % of market value.
i..iBFRTY LAKE
Use- Can transfer non-conforming use rights as long as it is not discontinued for 12 months. No
expansions permitted.
Developmcnt- Nonconforming structures cannot be made more nonconforming.
Damaged improvements- If damage is more than 50% of the replacement cost based on
Building Code it inust meet new standards. Planning Director can authorize replacement if above
is not practical.
FEDERAL WAY
Use- Can transfer non-conforming use rights as long as it is not abandoned. No expansion
permitted.
Development-Several triggers for bringing sitc into compliance, mostly proportionate to the
improvement proposed. Must bring improvement up to code if over 50% of assesscd or
arpraised value of improvement.
Dacnaged improvements- Can be replaced if damage does not eaceed 75% of assessed or
appraised value of improvement. No cost limit applies to the city center core and fraine and
director may require minor upgrades to the rebuilt improvements that are intended to achicve a
greatcr level af compliance with the site and design guidelines.
SPOKANF,
Use-Depends on what zone thc use is in. Some zones require a condilional use to continue and
may have a deadline for cnnformance. Other zones require compliance once the use is
discontinued.
Development- laepends on the °r.one.
namaged improvements- Must be brought into compliance in most cases if darnage is more than
60% nf the value of the improvements.
KENT
Use-Can transfer non-conforming use rights. Planning Director can approve expansions.
Development- Must be brou ;ht up to code if diere is a change in use.
_ Dama;ed improvements- May be replaced as long as it is within onc ycar.
~ Planning Commision Recommended
SpraguelAppleway Dis#rict ZQnes Map
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'j* Gateway GammercEal Cen#ers l.. I FieskdenkiaM Boulevard
District Zones
City~ ~enter ~ Mtixed UBB AV@~illf; ~ Removed Fro~r ~'lan Ar~es
A"-"
kiM - Gateway Comme rc[a pAva ~ Neighb-orhood Genter's Parcel~s
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'R'he C417" CRililP 01ilr1Ci Ih 5br rkfial; Crffii4 ti"13311ISfi]Illl3. 11 65 tl!1 LLEhtlll dI-;iRll Illal Cdlf-~:Liu U! li ik`SdC 'fbC RFlIdCC[lil HoRlCYBYd L9 9 dl.+hG761Yi'C R'71&ntlat C1Y[fidl7! C9Ik515!Clil„ tUf~,*Y, ka11iscarmd 5C'ihf1C~
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mosge of building t~yci and 116cs. I?'& cluuict i vifocr aLlivit;r is mt„1 Vfvr{r w7d wli€rv ihc ani grccn 5pacc ko.r~vren kruildings sCTVr fm-Ssafrdiflg huuleuard-ScaJc ISIrLsing, SucIi aS tWsl1ig9esVQ
m nsost p~ri~ amaRilia aAr iocat.d. It has n c¢~ ofrmrrminmri», ih0p~ring u~d clirGiri~ Or~F~rertRd ~ lunn «itla ser.qili►'@i}' I~SIgIYCII DP]SI Gk~stlCEEIy tOItl~CC O~ICC E~iLlid~iiRp-l~t RE511~~U3l ~Oll1Ck'~Td
E±y it neoghtor3sand oE urtwaaa butta" atui %%nrlcplacm 7erVe5 (13 a mrdiuili,lem itv residcntia.l cdge t,~ilm siagle-fuzilg nc'sghtaerrticw4i rtoulh of AppCc3+ay
baulev+n-tl.
WItloui dse Ctt) Crnlsr Diietirl, enterW'r=em endshappuig oriented City Crnlcr Cnte 50ezt
L!c}eIopment ir, surmun~sJ and supx:imd by t'it} C€wcr Nesghhnqlio-od Ileyck?pm"Gt. 5uut1I Df Applcway Buuft%wd, aCnng IAhcr 5mcrt5. srna6l~xn]e ptwched singlo-Fmnil} Iovsing gmri
ULIached isngl~familv hemcs ftnish the nensitien tc the afjnrcrt1 resideininl mighhlatuxds.
Neighhorhoud C{nurs am higlrcr dcnsidJ,lrugcr sc,71e m~xim-,.6e D+strict3 ,sith cnnreliVatiosis of GaSrway COIANerciel hvenuc i:5 a"thcmral" 5}'ecWt}• d'rstr6cl tha3 is deminnted by nutn sales ntld
ncigkahvrhuuLI,--;ening c~nvenJenee t9ses (iyscEuding supcrm"-w-) regul:uLy distriliuted o9imugfiout tkn ~ servirei A uniqut slrcets4spe design msd 5igria6m regula*a-, tffnhine, w-ish spccial sirixl fruulagv
~ curridrrr ao rnuiur in9cr5nfiraas, treatmpnts inuludm}; a~hicie disploy spuzs auuicorre.~utiditdg ydrntitiab[c bui14{ing Feirna ngukuaions [o
lieCp supE+ur{ sud str«agtheri [his Teglcwna1 dsstinaGir I rk,
!~mA11jjr srthaeks nii+1 ud+.kr xkkwdik5 cunMplement JhV-C auliVaty tr:aterS. Upper Ilkaw Mausing n9d
UTGr utia tetuil is eucc+uiraged. Tht r:entecs tnay nlse hnFe lErgst acale mi~ed-uw t+uiidlags thnt arc Tbe dis#iict is dnsLmpers,~d wsffi ~~o-uri~nt~d de.'WjBlapMem Elnd nR=pria« ccvinixitible 415ay sucke as
rr,mpilitih9e +rilty slk; adj4tti-M ncipliNMiland ~cning retail d4tiv1ti}pmens -oedium bux" CcrmLneeeial sa[Cs and wrrvires. Ainne the Apple,vny Rcrukvi,rd l:dge rin:i [}elier Stn°€t%
rcgilntions incros un l+ufftTing srytiiireerna% tda cn3uT4 curnp3iihiI i'y `cith adjacent dev d;,}}:nrnt,
ick Lhe NTlxed-L!sr Asroue. Spragw: fhysnuc i.s ,u9u+rws.nfed 15Y I21gcT, kpn+sssery Ivinds:wrxd ,efhdrk. GatesrAy Commcnch, l Centars, in adiition sa tkac l+pica] tasEisuav CummerciLil Aren«e flibrac,
xtiith garkmg luis kcaietl ta ifiG si4e nr reiur oIbuildiaig, T3ie etuamcaer o(nrss 1afiicr, Ind,gvtg, Wu1 prrmic crriicertmtw,a3 of mit« cheitwd res€numurs, rtiteRainmGm+, ond rLeruetion ta 5uprnn lhe
~"14zdium BoxP rciad snlrs m! srtviers is cnmpwihie ,uilRi kikiwcing in bui{~ting roRU on~1 site ~ {iatawo~~ CcammeruiaC Dasiricc's xrrle us u rrgatr~l +'~,tirwtinn l~~xr u~ IuilJittgs cuiih hig}►er
c]t! rvioltmccni llils f a€iIcrs 5~ttagu~ Avctlue r~. ~topeiutK lac~doa of ]nrecr:~ale housing. Rrt~iE t~ukl fmnlu~+~'esuer~n smd w1~er stdpwalLss di~io~guisb 1!w Ccni;~a irem thc r~ ul`~r t'aale,~a}~
m
ke 1oca3c-d oaa enµi oriente,"! Ctswwls 5"uc A%xnik, Italtsi4ioning to the prim4ril}' oegidniliql Oli11mercqal Aocnlx DLyiricf wi+1 reinfora the Centers' more pedc5G1~!'frtiileC4fed Cham-tCP.
dc`'elopmsirt 1xh4nd.
f9ehind ihe Sprnpe Arwue Edge, csisring mrai nnv t}ther 5treeta acute n ttetwvtk nf inediqittt~ized
blac4s with vwial 1mxLve-apft iluu suppoit 1he stnAcr sehmk-s and highrr 5mn~,~e eaverngc of
dc-m9upnsent s5at i~ Ie-u urisMed wwmds &prague Avenue, 'Ihis L7ishici is fffmndly u mix of qfrice,
[tdgitlg, mnd mtrliwn dcnai", hnu5ing armmmedated withi~ a widc ranec ofNil~ing qTes inc€r" ng
slmckel units and tashnlwinn
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, ' .
~'aENERAL - GRAFOS I NllESTMENT, I NC. CoMWREsIDENTInL ~ ':OfVFFiACTQR CONSTRUCTION RFAL F_STATE , L4IVD DEVELQPMEh1T ~
. 7129l0$ ~ I
~
My narne is Dean Grafos and aver a period of atmosC 40 years I have owned anci ~
developed property in the Spokane ama as a business owner, Real Estate BYOker and
~ builder. '
I
I
The parcel which I would tike to discuss today is located on the corner of Conklin Rd and
Spragtte Ave. I# has 635' #`eet of frontage on Sprague Ave , 700' feet offrontage an ;
the Appieway corridor puid a depth of 560' feat along the Conklin Rd arterial. As such, j ~
the approx. 8+ acre site zoned cornmercial and bordered by Sprague Ave on #he North,
Conklin rd. ora the Fast and tlxe, Appleway Couplet an the South lends it4eIfta fu#ure
COti]mP.1'Glal ACt1V1t}'. Y i
The current zoni-ng on this praperty is now Cornrnunity Commmial and has been ~ 'downzoned Trom B-3 comrnercial and Lig~t Tndustrial as recently as October 2007 as part ~
of the Coun#y Comprehensive plan for Spokane County. Y surrnise that the 2007 zane
ohange #o our property was nat satisMctory or restrictive enough to accarnplssh the new
_ r-it}►'s goals, as we arc faced with another proposed dawnzone fram cwrent
~ Cornrnunity Comrnercial zonu7g to Mixed L1se anci ResFdentia1 Houlevard zoniug within a ~
~r one yea~ time frame.
As a matter of interest, just a very short li s# of some uses xhat would becorne nor~,
confoatdng undcr the ci#y plan are lis#cd be1ow: ,
Veterinary clFnic
. Auto and truck sates
Boat sales and service
F-quipment rtenw
Crarcicn center or nursery
Furieral home
Manufacturcd home sales
By the way, all ofthe abovc uses are permitted in tric ClaCeway Cammcrcial Zone (auta
row). -
As %w sit here in the midst of aza economic downturn, you cart evidently predict tlie
future needs far commercial properly in #he Spolcane Valley by dawn zoning as,d re,strictting the approved uses for my properfy, Thcse changes wil l nullify #a a large
measure the signifirant investment made by rne and rny farnily over the last 30 pfus
Years.
~
16120 E. SPRAG UE AVE, * s PoI{Ah1E VALLEY, WA 9-90 37 • (509) 922-2812 ■ FAX {508} 922-2933
-.r
' I have assed out a site lan of mY sPecific ProPc~Y so that You, as a council, can full
p P Y
comprehend the ramifications of your plan on your fellow citizens emplovers and ves
tfutpapers,
As I am limited to 3 minutes of testimony, thc following issues are only A partial list of ~
the impacts to nry property. These issues will also impact any property ovvner on the
arterial with similar zoning. j
Please deterraine if you need a 60' riglit-a-wity, a 75' right a way, or a 100' right a way ~
alnng the appleway corridor. Your new pian is premised on what you perceive as a lack
of development, or interest in developin,g the properties fronting on thc couplet. We have
been waitin fQr over 30 vears for someone to straighten out the uronertv lines that
border these properties so that they can be utilized in a sound economic plan which
benefits the community, protects the tax base of thc community and provides jobs.
The 60' strip to be sct aside in the RL'SZDENTIAL B4TJLEVARD ZOIVE for future ,
residential construction is un-buildable. The required setback from a county road to
securc a building permit is currently 25 feet. The rear yard set-back from the re-
positioned roads reauired to be build at the mmperty owners expense u on
redevelopment of the propertv would also require a set-back. Therefore, the realistic
residential boulevard avenue bordcring the arterial would need to be at least 135' in
depth, not 60 feet Additionally, your dcvelopment plan does not clarify if A vehicle
( . traveling east on the new couplet can make a left hand turn into their new residential driveway, or if a new com.mercial building bordering the new pre-existing strcet can even access the artcrial.
The city plan, as proposed with your dowmzone in this single property would result in
70,000 + square feet of existing buildings and 164,000 square feet of valuable
commercial property ultimately beiug removed from the tax ro11s. The currcnt usable
564'foot conunercial depth of the property would now be reduced to 325' feet, a .
reducrion in size of 42%.
Conklin Rd. is designated as a North, South arterial and this has prompted the
installation of a traffic signal at the corner of Sprague and Conklin to be installed in less
than 1 ye,ar and paid for by thc adjacent property owners including myself. The
commercial developments on Broadway avenue which include Wal-Mart, the new
T,owe's super center and the Kohl department store sit at the corner of Broatlway and
Conklin rd and traffic moving south out of the parking lots of these major retailers moves
south on Conklin rd and to Sprague Ave.
I.ess than 2%, not 20% of the property in the City of Spokane Valley is zoned community
commercial as per, the Spokane County comprehensive plan. 60% of the property
within the city is currentty zoned residential. To remove millions of dollars in
commercial properties from the city tax base does not- se,em to me a sound economic
• decision benefiting the tax payers and citizens of our community.
,
The removal of and down-zoning of commercial properties, which even in their
interium use,g are contributing hundreds of thousands of dollars in employee salaries,
utility taxes, sales tax, B&0 taxes, supporting our local sehool bonds, library bonds, fire
districts, etc., and yes, even the salaries for the board members sitting at this meeting, is
absurd.
Tn Book #I under the heading of Community Intent, I quote:
THE LEADERS OF THE NEW CITY OF SPOKANE VALLEY HAVE
ESTABLISHED THIS PLAN TO RE-CENTER THE COMMUMTY ALONG ITS
CENTRAL SPIIVE AND RE-POSITTON YROPERTIES TO CAPTURE AND
ENHANCE THE DEVELOPMENT VALUE OF THE PROPERTIES CURRENTLY
L1N1NG THE UNDEVELOPEA APPLEWAY CORRIDOR, AND TO SUPPORT THE
CONTINUED GROWTH AND SUCCESS OF AUTO ROW AS THE PREMIER
DESTINATION FOR AUTO SALES.
I MIGIfit ADD: SOON TO BE THE ONLY DESTINATION FOIt AUTO SALES
I agree with the city fathers, you wilt certainly reposition properties to capture value.
Unfortunately the majority of thc properties affected by the city plan are not in the higher
value Gateway Commercial zoning.
~ We respectfully request that this property be removed from your Mixed Use and
Residential Boulevard downzone, and we retain our current Commwuty Commercial
Zoning,
Dean and Elizabeth Grafos
~
A NC ;
Box 183 • 205 S. Evergreen Rd. • Veradale, WA 99037 •(509) 922-3610 • TOLL FREE (866) 508-7701 • FAX (509) 922-3389
7rz9/zoas
Spokane Val2ey City Council Public Hearing on the SARP
T'ESI7MONY:
My wife and I o,"m a piece of property at 205 S. Evergrcen Road. It is currently zoned
community commercinl and has been used commeraially for 68 years.
tiVe laave owned mad oprrated our business, Lark, Inc., there for nearly 30 years. 1~~Ve
predate Target and Safeway. Th.is plan takes away our long standing commercial zoning
and replaces it with residenrial boulevard. Yaur own economic study says it will
decrease the value of this properly by as much as 80%. This doNvn zone also limits the
allowed uses. .
~It is common lmowledgc tliat the city will bave to purchase some of our property when
Appleway is extended. For the city to downzone us prior to this so tlaey can pay pennies on the dollar is unconscionable and just plain wrong!
I urge you to move the southem boundary of this plan to exclude our pzoperry as 1he staff
and planning commission have done for other pazccls. The consultant has already staied
tbat it would not be detiimental to the plan.
Furthermorc T personally think that a plan of this magnitudo and thas many millions of
dollars should be Put to a vote of the people.
T thanl: you for tlus opportunity to speak to you tonight.
~
Jim Scott Lark, Tnc.
r
• I
Quality boat docks, boat lifts, swim ladders, dock hardware and accessories.
Visit us at www.larkdock.com
1 Spokane Valley Planning Commission
Approved Minutes
Council Chambers - City Hall, 11707 E. Sprague Ave.
April 24, 2008
I.CALL TO ORDER
Chair called the meeting to order at 6:01 pm.
II.PLEDGE OF ALLEGIANCE
Commissioners, staff and audience stood for the pledge of allegiance
III.RaLI CALL
Commissioners Robertson, Beaulac, Eggleston, Kogle, and Sands were present.
Commissfoners Carroll and Sharpe, were absent.
Staff attending the meeting: Kathy McOung, Direckor Community Development; Greg
McCormick, Planning Manager; Lori Barlow, Associate Planner; Deanna Grifflth,
Administrative Assistant.
N.APPROVAL OF AGENDA
It was moved by Commissfoner Robertson seconded by Commissioner Beaulac, and
unanimously agreed to accept the April 24, 2008 agenda as presented. V. APPROVAL OF MINUTES
Commissioner Kogie, with a seoond fram Commissioner Beaulac, made a motion to
approve the minutes from the March 20, March 27, April 10 and Aprii 17, 2008
meetings as presenbed. Motion passed unanimousiy.
VI. PUBLIC COMMENT
The was no public comment
VII. COMMISSION REPORTS
No Commission reports
VIII. ADMINISTRATIVE REPORTS
No Administratlve Reports
IX.COMMISSION BUSINESS
New Business - No new business
Old Business - Deliberation session for the Sprague Appleway Corridors
Subarea Plan. Items of discussion during thls week's deliberation meeting covered
the following subjects.
• Change two paroels south of Appleway and Thierman, which are currently splft
all Gateway Commercial Center.
• Add into the Plan parcels at Argonne, Main, Harrington and Hutchinson,
amently Corridor Mixed Use add to the Plan at Mixed Use Ave.
. Add parcels into the Plan at Farr to Fourth to the edge of the Gty Center, as
Residentlal Blvd.
~
04J24J2008 Planning Commission Minutes Page 1 of 3
• Add to Mixed Use Ave. parcels currently zones as Corridor Mixed Use located
between Farr and Walnut, north of Sprague to approx where Main Ave. would
cross.
• Remove these parcels from the City Center area. Main north, from Herald to
Unlversity and the two parcels on the east of University. Remove south of 4"'
Ave taking in the Nursing Home and the lGndercare facility.
• Add paroels behveen Herald and Walnut south of Main to the City Center
designation. Add from approx. Van Marter along Main to Skipwortfi, south to
the City Center designation. Add along 4"' Ave. bet+nreen the designaGons of
Gty Center designadons along 4~' Ave. Add three parcels south of Appleway
on the left side of Bowdish.
• Add three parcels on the east side of Bowdish south of Appleway to Residential
Blvd.
• Add to Mixed Use Ave. parcels beriveen Perrine east to Mixed Use Ave.
designatlon soutli from Main.
• Add to Rleighborhood Commercial south of Main from Perrine to Houk
• Add one parcel to Mixed Use Ave. one parcel north of Sprague east of
McDonald.
• Add one parcel to Mixed Use Ave. one parcel at Blake north of Sprague. Add
one parcel south of Appleway east side of Blake to Residential Blvd. and
remove the parcel from the Plan a parcel that is soutfi and west of this
residential parcel. .
• Add to Residenfial Btvd parcels south along Appleway between Union and
Robie and three parcels east of Union south of Appleway. • Add to Mixed Use Blvd. a parcel north of Sprague at Evergreen. Add one
parcel to Mixed Use Bivd. north of Sprague at Bannon.
Discuss issues wlth Michael Freedman at the May 5 meeting
o Banks not permitted in Mixed Use Ave.
o Health/Eacerdse Clubs, auto parfis stores, chedc cashing stores, pawn shops,
casinos, full service restaurants
• Add government offices to CivicJQuasi-Civic
• Should health dinics need a Conditional Use Permit, only hospitals need a CUP
• List motel with a oommon entry
• Address boarding houses, group homes and dormitories
• Change to request a vertical growing tree, have comments coming from
Development Engineering.
Residential Blvd distussion;
o Add exemptlon to single family residenoes inciude in the Plan area, not required
to follow the Plan oonforming standards and the 15% rule.
o Appleway has a hvo story minimum
o Front door not permitted on Appleway
.
04/2412008 P1anning Commission Minutes Page 2 of 3
X. GOOD OF THE ORDER
There will be a deliberatlon meeting on Monday May S, 2008 witlh Michael Freedman in
the Coundl Chambers. Thursday May 1, 2008 will be a study session on the
Comprehensive Plan amendments, Thursday May 8, 2008 will be the public hearing for
the Comprehensive Plan amendments and a publEc hearing on a street vacation
XI. ADJOURNMENT
The being no other business the meebng was adjourned at 8:13 p.m.
SUBMITTED: APPROVED:
Deanna Griffith, Administrative Assistant Ian Robertson, Chairperson
1
04/24/2008 Planning Commission Minutes Page 3 of 3
. Spokane Valley Planning Commission
Approved Minutes
Council Chambers - City Hall, 11707 E. Sprague Ave.
May 22, 2008
I.CALL TO ORDER
The Chair called the meeting to order at 6:00 pm.
II.PLEDGE OF ALLEGIANCE
Commissioners, staff and audience stood for the pledge of allegiance
III.ROLL CALL
Commissioners Beaulac, Carroll, Kogle, Sands, and Sharpe were present.
Commissioners Eggleston and Robertson were absent.
Staff attending the meeCing: Greg McCormidc; Pianning Manager; Scott Kuhta; Senior
Planner, Mike Basinger; Senior Planner, Micki Hamois; Associate Planner, Qeanna
Griffith; Administrative Assistant.
N.APPROVAL OF AGENDA
It was moved by Commissioner Kogle seoonded by Commissioner Carroll, and
unanimously agreed to accept the May 22, 2008 agenda as presented.
V. APPROVAL OF MINUTES
There were no minutes to approve.
VI. PUBLIC COMMENT I,
The was no public oomment
VII. COMMISSION REPORTS
No Commission reports
VIII. ADMINISTRATIVE REPORTS
No Administrative Reports
IX.COMMISSION BUSINESS
Old Business - Continued Public Hearing CPA-03-08: Associate Planner Micki
Hamois made a presentadon to the Commissioners reprising the amendment and the
designations that are being proposed. Ms. Harnois also stated that as requested she
had oonfeRed with the Cty Attorney, Mike Connelly, regarding the ability to change the
amendment from Office to Multifamily and his opinion would be that the applicant
would need to rnade a new request and start the pracess over with the 2009 requests.
Commissioners quesdoned Ms. Hamois regarding access to the site and if it would be
an condition of approval.
Kathryn Mann, 505 N. Marguerite: Ms. Mann stated she and her husband had
walked the neighborhood taking pictures to show the Commissfoners what their
neighborhood looked like currently and that they would like to preserve the character
of their neighborhood.
Michael Mann, 505 N. Marguerite: Mr. Mann stated that he and his wiFe had
purchased into thefr quiet neighborhoad, without worry of commercial development.
Mr. Mann stated he is concerned about the extra traffic, the impacfi to tne wildlife in
05/22/2008 Planning Commissfon Minutes Page 1 of 5
the neighbofiood. Mr. Mann also tfiought that one sign for 5 paroeJs was not enough
and that the sign did not cfiange to notify the vote had been dhanged to May 22.
Ed Brandt, 8802 E. Valleyway: Mr. Brandt stated he felt that this development was
inappropriate for the neighborhood. Mr. Brandt shared that people regularly ride thefr
bikes around the nefghborhood and around the school. He also stated he was
concemed about the trafflc. Mr. Brandt stated hIs famity would prefer that this not be
changed.
]ohn Hamersky, 623 N Marguerite: Mr. Hammersky stated he was concemed
about what a development of this nature would do to his property values.
Kerry Barta, 8807 E Valleyway: PNr. Barta tesUfied that he felt that the
development would devalue his property and increase trafflc. Mr. Barta stated that
there are several children that play in the area and that they are ooncemed for the
children, his family enjoys the area and thls (development) is not something they
would like to have in the neighborhood.
Ron Stien, 8810 E. Alki: Mr. Stlen stated he has friends that live near Park Place that
there are ambulances and road crews working tfiere all the tirne with the noise and
that they say the noise is oonstant. Mr. Stlen stated that the developer does not live
here, the Valley can get revenue other ways, the owner is just there to make some
dough and get out.
Larry Anderson, 8805 E Valleyway: Mr. Anderson stated that tfiere must be 100
other IocaGons that the developer could go and not destroy property. Mr. Anderson
stated he does not want cement trucks and heavy machinery in the neighbofiaod
during the time it takes to build the thing.
~ Claire Froehlich, 525 N Marguerite: Ms. Froehlldi stated if she had known this was
how the neighborhood would go she never would have bought there.
Dwight Hume, 9101 N. Mt, View Lane: Mr. Hume stated he had attended the
previous meeting and had driven by the area afterwards. Mr. Hume shared that a
special study had been done that senior services faalities have not been shown to have
any appredable damage to the value of single family residenoes. He also stated that
nursing homes and retirement fadlities are less of a nuisance than apartment
complexes. Garden Office is intended to be a transifion zone to single family
residences.
Marie Fruin, 706 N. Marguerite: Ms. Fruin stated she was concemed that the
change to this property will be a detriment to the sale of her properly and that it wfll
afFect her neighbors. She stated she is against the change.
Brian Bertenshaw, 4212 N. Vercler: Mr. Bertenshaw stated that he was for the
change. Mr. Bertenshaw stated he works for the owner who has requested this
change. Mr. Bertenshaw stated that the owner was trying to clean up the properties,
like he had done with the ones he owns that are located out on Argonne. Mr.
Bertenshaw shared that, Mr. Raugust is a local owner who is trying to make the area
better, like they have seen in other areas with transitional housing.
Dennis Raugust, Spangle, WA: Otivner of Bolder Creek and owns the offioe
buildings on Argonne that abut these properties and has recently acquired tliese 5
parcels. Mr. Raugust stated that he, his son, Ryan, and Mr. Bertenshaw wrent through
and deaned up the home:s that were on the properties, whlch had been fn great
disrepair, but there was extra property so they dedded to build a retirement facility.
Mr. Raugust stated he felt that these types of faciliaes were becoming more and more
~important to the community. Mr. Raugu:st stated that several people made the
05/22/2008 Pianning Commission Minutes Page 2 of 5
1
suggestion to him to think of putting in this type of faciHty based on the needs in tfle ~area.
Greg Mott, 8907 E Alki: Mr. Mott stated that he felt that this would ruln the
ne(ghborhoad. It would affect the wildlife as well as the open spaces. Mr. Mott stated
that some of the historic homes in the nefghborhood were of the first built in the area.
Mr. Mott stated that he feit that allowing this change to the area will oniy allow for
further changes which will be bad for the neighborhood.
Se21ng no one eise who wished to testify, Commissioner Beaulac closed the public
hearing at 6:32 p.m. Commissioner Carroll made a motion to recommend approval of
CPA-03-08 to the City Council, seoond by Commissioner Sharpe. After d(scussaon
regarding access and transition zoning, the Commissioners voted four to one in favor
of the recommendation with Commissioner Beaulac being the negatlve vote.
Mr. McCormidc, Planning Manager, then explained to the Comrnissloners that a change
to the Use Matrix, Appendix 19-A, to allow duplex and single family residenoes in Mixed
Use Corridor and Corridor Mixed Use zones, needed ta be added in order to oomplete
that mixed use fee9. He also stated this was an oversight when the Uniform
Develapment Code was originally adopted. Commissianer Kogle made a motion to
reiommend approval of amending Appendix 19-A of the UDC to the Gty Council,
second by Commissioner Sands, vote is unanimous,
Mr. McCormick stated that in the text amendments for Chapter 2, Land Use of the
Comprehensive Plan, there was a reference to Map 2.2. At the time Mr. McCormick
stated that was a typo and would be oorrected but after further investigation it was
discovererf that staff had created a new map, Map 2.2 Future Rossibie Annexatlon
Areas. Mr. McCormick talked about how the map related to the amended text in ,
Chapter 2 of the Comprehensive Plan. Commissioner Sands made a motion to
reoommend approval of Map 2.2 to the City Council, seoond by Commissioner Kogle, "
vote is unanimous.
New Business - Public Hearings on CPA-07-08 and CPA-08-08:
Commfssioner Beaulac opened the public hearing at 6:52 p.m.
Senior Planner, Mike Bas+nger, made a presentation regarding CPA-07-08 which is
located at the northwest corner of 3ed and Carnahan. Mr. Basinger stated what is
surrounding the site and the proposed change to Communlty Commercial.
CPA-07-08 located at the southwest corner of 6~' and Sullivan. Requested change is
from Low Density Residential to Offioe.
Dwight Hume, 9101 N. Mt. View Lane: Mr. Hume tesdfied that this property is
owned by Mr. Tombari and that he would like to change It to something t1hat is more
transitional and usefui than residentiai, it is the last piece before the freeway access.
Mr. Hume also said that the use will be a low intensity use due to its location next to
the residential area.
Commissioner Sands made a motion to r2oommend approval of CPA-07-08 to the City
Council, second by Commissfoner Sharpe, vote is unanimous in Favor.
Senior Planner Basinger made a presentation reyarding CPA-08-08. which Is lacated
at Century and Sullivan at 6th Ave. Proposal is to change from Low density residenbal
to Office.
Brian Prior, 15319 E 8t': Mr. Prior stated he was the pastor of the church behind the
property and he tivas curious as to wfiat Nras going to be happening on the property
05/22/2008 Planning Commission Minutes Page 3 of 5
ber.ause it aacks up to hIs church's property and they have young famllies with diildren
and are planning a school for the aadc of the property.
Dwight Hume, 9101 N. Mt. View Lane: Mr. Hume pointed out the surrounding
uses and designations and that the dffferenoe between offioe and garden office would
sUli be transitional with the adjacent zoning and faang away from the residential zones
as well as the church site.
Seeing no one else who wishes to testify Commissioner Beaulac closed the public
hearings on botn CPA-7-08 and CPA-08-08.
Commissioner Sharpe made a mobon to recommend approval of CPA-08-08 to the City
Coundl, second by Commissioner Kogle. Comm(ssioners question the staff on the
height regulation differenoe between the Office and the Garden Offlce zone. Staff's
response is 100 feet for Offioe and 45 feet for Garden Office are the limitations.
Commissioners were concemed about the heights in the area regarding the
surrounding uses. Mr. McCormick stated that based on the size of the parcel and other
constraints that the heights wouid not be an issue, but that the allowed uses were
more flexible in an Office zone over the Garden Office zone, and the market is not
conducive to building a 100 foot building in the valley.
Vote Is three to two, motion fails, must have four votes to pass a Comprehenslve Plan
amendment. Commissioner Kogle made a motion to recommend approval to the City
Council CPA-08-08 with a Office land usQ designation and a Garden Office zoning.
Vote is unanimous.
Old Business - Deliberation session for the Sprague Appleway Corridors
_ J Subarea Plan. Items of discussion during thls week's deliberaUon meeting covered
the following subjects.
Ne+ghborhood Centers:
• Argonne/Dishman Mica - remove the 4 parcels north of 4t" Ave, east of
Dishman Mica from the plan area.
. Pines - bring the NC up to Main from Perrine to Houk, add south to 1" Ave
from Robie to Houk
• McDonald - no changes
• Evergreen - no changes
• Sullivan - no changes
Building uses:
• Added retail carts-sales to Gty Center, hot dog carts, ice cream carts
. Changed sidewalk seating to adjacent to the building
. Health and exercise dubs, strike on upper floors only, strike health/exercise
clubs as a prohibited use on the ground floor
• Added farmers markefis and other sQasonal sales
• Neighborhood commercial, conditional use, banks with a drlve through
. Mlixed Use Avenue, added auto parts under medium box store,
• Prohibited industriai use, used veh9cles sales,
05/22J2008 Pianning Commission Minutes Page 4 of 5
'l
• Add light industrial - such as technology, software, plastic injecUon molding
(thermoplasdc) - make a notation about excessfve noise, smell and vibration
. Add pharmacy in fdelghborhood Center with conditional use
. Added warehousing as long as only 30% of the business
• Remove the crematorfum from the funeral home notation
• Gateway Commercfal Ave, make condibonal uses permitted uses,
. Added RV, motorcycle, ATV, boat sales permitted
. Add industrial as a prohibited use
. Gateway Commercial Cenber - Removed the 'auto-themed' part of restaurants
added language from City Center regarding eating and drinking establishments
and entertainment establishments in good taste - concern that it oould
compete with the City Center.
. Perrriit motels wfth a rnmmon entry,
• Changed housing with dwellings to be consistent with the rest of the
developrnent code.
Commissioner Kogle made a motion to extend the meeting to 9:05. The motion was
sevonded and passed unanimously.
• Change ttie standards for attached dwellings to not have to oonform to the
Planned Residential Development standards by minimum development size or
lot sizes. ,
.
X. GOOD OF THE ORDER
Commissioner Carroll asked if there would be a way for the commissioners to get a
document with the changes marked in it sfl they don't have to go badc and forth
between different documents and only have to worry about having one to worry about.
Staff stated they would wortc on prov9ding this.
XI. ADJOURNMENT
The being no other busine;ss the meeting was adjourned at 9:03 p.m.
SUBMITTED: APPROVED:
Deanna Griffrth, Administradve Assistant Fred Beaulac, Vloe-Chairperson
05/22/2008 Planning Commission Minutes Page 5 of 5
~ Spokane Valley Planning Commission
Approved Minutes
Council Chambers - City Hall, 11707 E. Sprague Ave.
June 26, 2008
I.CALL TO ORDER
The Chair called the meeting to order at 6:00 pm.
II.PLEDGE OF ALLEGIANCE
Commissioners, staff and audience staod for the pledge of allegiance
III.ROLL CALL
Commissioners Robertson, Beaulac, Carroll, Eggleston, Kogle, Sands, and Sharpe were
pressnt.
Staff attending the meeting: Kathy McClung, Community Development Director; Scott
Kuhta, Senior Planner; Lon Barlow, Associate Planner; Deanna Griffith, Administrative
Assistant.
N.AGENDA .
Commissioner Beaulac made a motion to approve the lune 26, agenda as presented, it
was seconded and approved unanimously.
V.MINUTES
Commissioner Sands made a motion to approve as presented the minutes from the
meetings of April 24, May 1, May 8, May 22 and ]une 12. Commissioner Beaulac
seconded and it was approved unanimously.
VI.COMMISSION REPORTS
Commissioner Robertson stated he had attended another Panhandling Ad Hoc
committee meeting.
VII.ADMINISTRATIVE REPORTS
Director McClung reported that Michael Freedman would be here for a study session
with the City Council on July 23r° and that the Collaborative Grant Committee would be
holding a joint meeting with the Planning Commission on July 29 to discuss joint
planning with the surrounding juristlictions.
VIII.COMMISSION BUSINESS
Old Business - Deliberation session for the Sprague Appleway Corridors
Subarea Plan.
Sr. Planner Kuhta began by stating that the document for the Final Environmental
Impact Statement (FEIS) had been issued. Along with the FEIS was a document of
each of the comments the City had received so far and a response to each of those
comments. Staff will send out an email when these documents have been posted to
the web for review. Mr. Kuhta also pointed out that the regulations portlon of the plan
had been converted into a strikethrough edition so that the Commissioners could see
what had been changed.
Commissioner Sharpe beyan a discussion regarding the property that is lorated south
of the Appieway right-of-way, east of Evergreen, which belongs to the Scotts. It is
" currentiy proposed to be zoned residential boulevard. Commissioner Sharpe propases
06/26/2008 Planning Commission Minutes Page 1 of 3
~
to move these two parceis into Neighborhood Commercial. Gommissioner Sharpe
stated that he felt that this zoning wrould be more appropriate because of the cuRent
'
use on the ground, that the traffic problem of the current use, for the marketability
later on. Commissioner Sharpe made a motion to cfiange the proposed zoning on the I
parcels currently referred to as the Scott property from Residential Boulevard to ~
Neighborhood Commercial, which was seconded. The discussion that followed covered
topics relating to right-of-way on Appleway, traffic generated by the current use, how
it would best fit to stay in the Residential Bivd. zone for the future, would the value of
the land be less in the future if it was Residential Blvd over Neighborhood Center, it is
believed that the commercial value of land along the corridor is equal if not less to the
residential value of land around the corridor at this time, there is residential to the
east, west, and the south of this property, still feel commercial is the best use for the
property, it will still seil as commercial, why would we do this at tfiis property and not
for other properties along the Blvd, can develop to other things besides houses, it
needs to stay in the plan and develop with the plan.
Vote on the motion is three (Sharpe, Eggleston, Robertson) to four in favor, motion
fails.
McDonald and Blake, request to add the property at Shopko to Neighborhood Center,
staff not recommend change, discussion of the neighborhood Center and if it fits the
Plan area, Commission agrees to leave it as it is currently proposed.
Plan does increase the threshold from 15% to 20% for amount of change based on the
appraised or assessed value of the structure and land.
Removed split parcels in Gateway Commercial Centers.
Plaza Drive, change City Hall and Library to Civic Buildings. .
City Center matrix, deleted Maed Use Avenue as a permftted use in City Center area. ~Casinos allowed in Mixed Use Avenue.
There has been some wording changes to conform to UDC wording for uniformity.
Added wording from Public Worlcs regarding access management along Appleway.
Scratch the words "or alley" from property access.
Anti-graffiti coating required on masonry cladding.
Signs - expanded the definition of animated sign. Only allowed in Gateway
Commercial areas.
Transportation phasing. Commissioner Beaulac proposes that the phasing in the
transportation be changed to extending Appleway from Evergreen to Sullivan before I-
90 to Dishman-Mica is converted back to two-way raad. Mr. Beaulac stated he felt that
changing the phasing would be more palatable to the public at large. That the public
has state they prefer at least for the road between I-90 and Dishman-Mica to remain
one-way streets for the commutes to and from work. He felt that leaving that change
until the last Rart of the revitalization would be better than doing it sooner. There was
considerable discussion of the points of value for making this change and to leaving
the phasing as it is currently being proposed. Talk of the testimony from the public
about being able to oommute and testimony about the business communiry being able
to heal from the change of the road to one-way. Need to be able to bring the
economic development back to the corridor as sflon as passible, feeling expressed is
that if the change is delayed we will not be bringing that piece back to the corridor, the
economic development of the smail businesses. Auto Row wants the one-way - ~
dealers are split 50/50 thase on the north side want two-way. -
06/26/2008 Planning Commission Minutes Page 2 of 3
Commissioner Beaulac made a rnotion to change the order of phasing in tfie
l~ --J transportation circulation to have the extension of Appleway from Evergreen to Sullivan
occur before the conversion of the roadway from I-90 to Dishman-Mica from one-way
roads to two-way roads. The motion was seconded and the vote is three to four
(Carroll, Kogle, Sands and Robertson), motion fails.
SenEor Planner Kuhta presents the findings and recommendations and reviewed the
oontents and how the Pian fs in line with the Comprehensive Plan. Commissioner
Kogle made a motion to adopt the findings and recommendations for the Sprague and
Appleway Comdors Subarea Plan. The motion was secondeti and passed unanimously.
IX. GOOD OF THE ORDER
Director McClung thanked the Commissioners for meebing every week in order to get
the Plan forwarded to the Council. The Commtssioners thanked the staff for the hard
work and support. Commissioner Beaulac stated he was botlhered by the lack of public
education and information that had aeen distributed so far on the Plan. He stated he
felt that the City could have done a better job of reaching the media and the public to
help the citizens understand the Plan better.
X. AD]OUR.NMENT
The being no other business the meeting was adjourned at 7:59 p.m.
SUBMITTED: APPROVED:
Deanna Griffith, Administrative Assistant Ian Robertson, Chairperson
06/26/2008 Planning Commission Minutes Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 18, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE: Lodging Tax Advisory Committee Recommendations
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: See attached committee minutes for allocation recommendations
0 OPTIONS: Council consensus to place this matter for a motion consideration at the December
9, 2008 council meeting; or Council consensus to place this matter on the December 9, 2008
consent agenda with the recommended allocations; other Council considerations.
RECOMMENDED ACTION OR MOTION:
BUDGETIFINANCIAL IMPACTS:
COUNCIL/STAFF CONTACT: Councilmember VViIhite
ATTACHMENTS: Minutes from October 31, 2008 Lodging Tax Advisory Committee Meeting
0
City of Spokane Valley
Lodging Tax Advisor~~ Committee
Minutes of Meeting held October 31., 2008
The meeting was callcd tv order at 8: 1 0am.
ln attendance Nverc Cal Clausen, Feggy Doering, Doug Kelley, Diana Wilhitc, Dan laomrese, Saydee
Wilson, 1VIike Stone, Eric Savvyer (Spokane Regional Sports Commission), Mike Conway (Spokane
Winery Association), Erin Gurtel (Spokane Fair & Expo) and Rich Hartzcll (Spokanc Fair &Expo).
The first order of business in the meeting was the presentations of thc hvo agcncies that were not in
attendance for Monday's meeting. These agencies were: Spokane County Fair & Expo and the Spokane
Winery Association. A summary of the prescntations is as follows:
Spokane Couniy Fair & Expo: Bri.n Gurtell and Rich Hartzell explained that fair attendance was strong
this year despite a weakcr economy and that they eYpectetl the event to continue to grow. They would
like to run lv ads with APorthw•est Cable News and another local news station in ordee to broaden their
reach to potential fair attendces.
Spokane Winery Assnciation: Mike Conway stated that his organization wished to use loclging tix
monies in order tn print and stock rack cards. This is the same thing that his organization has ussd the
money for in the past. He went on to explain that there are a couple new wincrics opcning up soon and
that all of the local wineries serve as a big tourist draw to the area.
Upon completion of the presentations, those in attendance were '►nvited to stay for the allocation
~ deliberations, but those representing lhe Spokane County T'air & Eapo and the Spokane Winery
Association declined. The rest of tlie attendees remained, at whieh point the deliberations began. Each
committee member was given the opnortunity to list tlieir recommendations on a grid. After each
member's recommendations were included, the results were averaged. Bascd upon these avcrages, the
com.mittee then deliberated and debate<l whcther to stay with the average or adjust the amounts. tlficr
much discussion, it was decided to recommend t}le following allocations to City Council:
Spokane County Fair & Espo Center $18,250
Spokane Convention & Visitors T3ureau $236,000
Valleyfest $27,500
Spokane Reg. Sports Cnmmission $115,000
Spokane Winery Association $0
Spokane Valley Heritage Museum 3 250.
Subtotal $400,000
CenterPlace $90,000
2010 Figure Skatin ; Championships 30 000
~i' Total $520,000
The cvmmittee directcd that tfie lodgina tax funds allocated to the Neritage Museum be used t'or creation
and distribution of card rack materials.
Additionally, the commiltee decided that they would like to review the collections of Lodging Tac dollars
in early June in order to track how close estimated receipts are to actual receipts. In this way, the
committee can decide whether or not to hold a seconcl round of lodging tax applications or to allocate
more funds to the eYistino recipients.
There being no further business to discuss, the meeting was adjourned at 9:50am.
ltespect€ully submitted,
Saydcc Wilspn, Cl'A
`
0
Lodging Tax Applications
For 2009 Fiscal Year
amount Amount Amount
Requested Awarded Requested
Agency for 2008 for 2008 for 2009 Purpose of Funds
Spokane County Fair & Expo $ 30,000 $ 30,000 $ 30,000 Advertising for Spokane County Interstate FairfStay & Play
Spokane Canvention & Visitors Bureau $ 325,000 $ 306,000 $ 336,00 Taurism and Convention marketing
Valleyfest $ 40,000 $ 30,000 $ 50,400 Promotion of Valleyfest event
Spokane Regional Sports CommissEon $ 175,000 $ 145,000 $ 190,000 Promotion & marketing to attract sports events to area to attract spectators to area '
Spokane Winery $ 8,300 $ 8,300 S 9,000 Promotfon of local wineries to attract tourists to area
Valley Museum $ - $ 30,260 Advertising "
$ 578,300 $ 519,300 $ 645,260
' The Spokane Regionat Sports Cammission has requested a three year agreement for Lodging Tax Funds
" VaUey Museum did not have signature page vv'hen applicafions were submitted. Waiting for Lodging Tax Committee to decide whether or noi
their appllcation can be accepted
' CITY OF SPOKANE VALLEY
- Request for Council Action
Meeting Date: November 189', 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
0 information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Citizen Response: Edward Mertens
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND:
Two recorded accidents have occurred at the intersection of Boone/Pierce since 2003. The first
~ in July 2003 v►ras a failure to yield where the northbound vehicle stopped at the stop sign and
pulled out in front of the westbound vehicle. The second collision in December 2007 involved
Mr. Mertens. He also pulled out in front of a westbound vehicle and in his testimony to council
stated that the blind spot in his windshield was the contributing factor. The City of Spokane Valley has hundreds of intersections of local-local streets where the lower
volume street has a stop sign. Decisions on intersection control are based on the Manual on
Uniform Traffic Control Devices which is adopted by all public agencies in the country. This
intersection does not warrant a 4-way stop. The intersection study and its resufting
recommendations are in accordance with the Manual.
Although this was not a factor in either of the two collisions at that intersection, staff noted that
the north leg of the intersection has a steep approach grade of 11 Our street standards allow
only a 2% downgrade approaching a stop sign. Staff is considering the installation of a Stop
Sign Ahead andlor Steep Grade sign on the north leg of the intersection to warn approaching
drivers.
RECOMMENDED ACTION OR MOTION: None.
BUDGETlFINANCIAL IMPACTS:
STAFF CONTACT: Neil Kersten, Public Works Director; Inga Note, Traffic Engineer
ATTACHMENTS: Complaint, collision reports, MUTCD criteria for 4-way stop control
GOOD EVENaIG MR MAYOR
AND MEMBERS OF TBE COUNCIL. '
MY NAlliE IS: . • % .
EDWARD J. MERTENS - . '
1310 N. PIERCC RD
SpOKANE VALLE, X, WA. 99206
TOPICi 4WAY STOP SIGNS AT BOONE AVENUE & NORTH PIERCE RD.
PURPOSE: TO APPEAL TRAIFTC ENGINELrRS DECLINAZTON OF 7-25-48 •
, .
' MY PURPOSE FOR BEWG HEKL THLS EVEnTING IS TO PROVIDE YOU •
INFORMAI'ION ON AN ACCIDENT I WAS IN'VOLVED- IN A BLOCR '
A'WAY FROM NIY EOME ON DE, CENIBER 25, 20d'1.
TT OCCURRED APPROXIMATELY AT 2:30 PM AT THL CORrIER OF PILRCE RD.
AND BOONE AVENUE. THE ROAD CONDTITON WAS COMPLETELY COVERED
VV[TH ICE AND SNOW AND WAS NOT SAND&D AT TBE TIME OF THE ACCIDEnjT'. X .
WAS TICKE, D FOR FAYLURE, TO "YTELD THE RIGHT OF WAY" LET ME EXPLAIN ' HOW TI` HAFPENE.D. TEIIS 7NTL, RSECTION IS PROVIDED WI TH TWa STOP SIGNS
QNLY ON PTLRCE RD, NORTH AND SOUTH. THIS IS A DANGERYOUS CORNER
I BUII.T MY HOM ON PIE1tCE IN 1958, OR 50 YEARS AGO. AND SO.X AM VE, RY
FAbIiII,IAR WITH THE INTER,SECTION AND HAD TRA'VELED IT MANY TIl1'IIa'S. DUE TO TRE FACT THE OTHE R VLffiCLE WAS CONIING'4YEST ON BOONE,,I STOP1'ED
' AT THE STOk SIGN ON BOONE , BUT HIS VEHICLEl WAS BL• OCKLI D IN THE, BLM i
SPOT OF MX WIlYDSHIELD• NVIIEN Y PULL.E, D INTO THL INTERSECTION IffE WAS
RIGHT THEIiE AND WE $OTII COLLIDrD INTO E ACH OTHLR NEIfiHER OF US ,
tiVERE HURT, BTTr MX CAR HAD $19,OQ0.00 OF DAMA,GTD SEE ENCLOSEb COST TO
REPATR ATTACHED AND THEY TOTALED AIS PYCKIIP. IT WAS A NfgtACLE
NEITHER ONE OF US WERE HURT. ' - •
' I WEN'T THAT•D.A,Y TO OUR-CITY HALL TO GLiT THE RECORDS OF AL,L .
A C C I D E N I" S TH A T H AD 13APPENED AT T'HTS INTERSECTION ANl) `VAS TOLD I•
COULD EXPECT THEM FROM TIIE COUNTY OF RCCORDS. AFTER SEEIING WHA`T
CODULD Hr1VE, BEEN A VLRY SERYOUS INJYJ1tY ACCIDENT, I't'VENT DUOR TO
DOOR THE NLXT WEEK ASKING WHAT OTHER HOME OWNERS FELT ABOUT A
FOUR (4) WAX STOP AND I HAD 28 HONM UWNERS SIGN A PETITION TO HAVE
TffiS DONr,. (SEE ATTACHED PL-TITIONS) WF, ALL HAD SL, EN Ct1ItS SLIDIING OUT '
INTO THE IYiIDDLE OF BOONE AVENIIL~ BECA,USE THEY COULD NOT STOP
BECAUSE OF TIiE COMPACICeA SNONV ON THE ROAD. ' .
I TURNED THEAx IN INTO MS.. INGO N4TE THE TRAFFiC ENGTH'EER AND AFTER 2
WEEKS WAITING FOR HER TO RESPOh'D, I HAD TO GO TO TM MY NIANGER
••TO FIND OU'T WAY SHE WOTJLD NOT CUMMUNICATE WITH ME SHE. FANALLX
SENT ODT A NOTE STATIIqG THAT AMR THE SUM[MER HELP WAS IN PLACE I
COULD EXPECI' SOME ICMD OF A,N ANSWER IN ALL THL EFFORTS Y NiADE TO
GET HER TO IlMTE ME DOWN TO HER,4FFICEt TO DISCUSS WHA,'Z' WAS GOING
ON, THIS 1VE, VER RAPPLNE D. WE RECENED THE FINAL ANSWLR JULY 25, 2008
I AM ENCLOSING ALTST OF EVENTS FOR YOU TO CU~,TSIDER. SOME DAY
SOMEONES GOING TO BE SERI4USLY XNJ(JRED, 4R EVEN KTLLED AT TEILS '
TNTERSECTION IF SOMETffiNG ISN'T pONE VVZ'TH IT. THE WIN"TER VYE, ATHER ;
I,S THE WORST AND IT IS RYGHT AROUND THE CORNER PLE, ASE ASSLS"T US. .
DA'TE ACCIDENT OCC'URRBD December 26, 2007
Where: occuned: Corner of Pierce Rd. & Boone Avenue n~
Drivers. Ed Merteias 2006 Buick Lacerne `7
Bobby Rice 1114 N. Woodward Rd. 2001 Ford F150 Pickup
Detail of Correspondence with::
NLs. Inga Note, Chief Traffia Bngineer. ' City Of Spokane Valley
1. Copy of Ed's Ticket NO INJURIES . 2. Copy of damage to Ed's Gar. Bobby's -pickup was totaled.
3. Letter to neighbors dated January 6, 2008 to obtain signat.ures for purpose of obtaini.ng 4-way stop si$ns on both
pierce Rd. and Boone Avenue. ' 4, Ed's letter to Ms: Ingo Note dated February 15, 2008 snd supplying her with 28 HOi1EOWNE RS SIGNAI'URES RLQUESTTNQ' 4-WAY STOP SIGNS ON BOTH PTERCE RD. AND BOONE AVE.NUE•
5. March e`, letter from Ghief Anne Kirkpairick on traffic aceidents on intersection..
6. March 10, 2008 answer from Inga Note after I went to City Manager Dave Mcrcier.
7. March 19, 2008 Ed's leiter to Inga AIote acknowledging her March 10,th letter with'ce to Dave Merciar.
8. Fd's let#er of Jwie S, 2008 offering Volnnteers to assist efforts of testing.
9. Ed,s letber July 19 th toneighbors and friends who signed the petitions bringing them up to date
10. Letter of Ju1y 25, 2008 from Inga Nobe supplying testing resuits and DEI~TIAL OI+' 4-WAY STOP SIGNS.
11. X WANT TO ADn THAT THE C1TY OF MILLWOOD HAS 4 DIFFERENT 4-WAY STOPS IN A 4-
BLUCK AREA BY TEIE BA,NK OF AMEMCEi. ' 12. NVL A,ZtE, CERTA,]N TIUS CORNER COIILD SOME, DAY BE A CAUSE OF SE KIOUS
INJIlR1ES AND POSSD3LE DEATH.
WE ASK YO'CTIt CONSIDERATION ON A.PPE, AL TO OVLRItiDEI11TGA NOTTS FINAL nL, G`ISYON.
,
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srareoswnaw~:oTaN • , I, ~ CORRECTION O REPOFlT NO. 9
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I GERTIFY (680tAM) UHOER PENAL7Y OF PUJUAY UdOEA iFE LAW3 OF THE 6TA7H Or 14ASF{iHC3TON TtiATT?:B W6iEAal?tC313 TRUE MFD CO6iRECL (R=! &172.085)
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PART B~~~.,~ 64 v~ PA(3E 1~71 oF a3
2000 Edition . Page 2B-7
Once the decision bas been made to in.stall two-way stop control, the decision regnrding the appropriate
f ` street to sWp shonld be based on engineering judgmcnt. In most cases, fhe street carrying the lowest volume of :
. i traffc shonld be stoppeti. ~
A STOP eiga should not be mstalled on the major street uniess justificd by a traffic en$incering swdy.
Support:
The following are considcratians tbat might influence the decision regarding the appropriate strect vpon
whieh to install a STOP sign where hvo streets with relativaly equal volumes aad/or characteristics inteisect:
A. Stopping the direction that conflicts the most with established pedestrian crassing activity or school
walking routes;
B. Stapping the dimctivn that has nbscured vision, dips, or bumps that airnady require dcivers to nse lawer
operAfing speeds; '
C. Stopping the direction that has the longest distanee of unintercupted flow approach.ing the in[ersectinn, ancl
D. Stopping the direction that has the best sight distance to conflicting traffic.
The use of the STOP sign at highway-railroad grade crossings is described in Secfion 813.08. 'Ylie usa of the
STOP sign at tughway-light rail transit grade crossings is describcd in Section 10C.04.
Seciion 2B.06 TOP Sign lacement Wp`(, LJ(,S-qS- 0-17 '
Standard:
The S`1'OP sign shaD be instAlled on the right side of the approACh to wluch ft opplies. When the STOP
slgn is installed nt thfs requ9red locatian and the sfgn visibility is restricted, a Stop Ahead sign (sea Section
2C.29) shall be instulled in advAnce of the STOP sign.
The S'fOP sign sball be located as dose as prACtlcal to the intersection it regulates, while optimizing its
visibility to the road user it is intendeti to regulate.
STOP signs nncl YIELD slgns shall not bc mounted on ttie samc post
Guidanca:
Other than a DO NOT BNTBR sign, no sign should be raounted back-W-back with a STOP sign in a manner
that obscures the shape of t}►e S110P sign. '
Support:
Sectian 2A.16 eonlacns adclidonal information lbout separate and oombined mouuting of othec signs with
S'POP signs.
Guidauce:
Stop lines, whcn used fo supplement a STOP sign, should be locatcd at the point where the road usca- should
stop (see Seciion 3B.16).
If only one STOP 5ign is installecl on nn aPproach, the STOP sign ahoulci not ba placed on the far sida of the
intenection.
Wheze two rands intersect at an acute nngle, the STOP sign should be positioned at an angle, or shiclded, so
thAt the legend is out of view of traffic to which it does not upply. •
Where therc is a marked crosswalk at the interscction, the S'I'OF' sigp should be i.nstallcd in advancc of the
ceosswalk line nearest to the approaching traffic.
Option: .
At wid~throat intersections or where two or morc approach lanes of traffic exist on the signetl approacb,
obsarvance of the stop control may be improvcd by the installation o£ an additional STOP sign on the l.eft side of
the road andlor the nse oF a stop line. At cliannelized intcrsections, the additional STOP sign may be effectively
placed on a channclizing island.
Support:
Figure 2A-2 shotivs examples nf some typical placemeats of STOP sigas.
Section 2B.07 Mulftay Stop ApplicatiQn~
Suppart: "
Muldway stop control aui be useful as a safety measure nt intersecdons if certain traffic conditions oxist,
Snfety concems associated with multiway stops include pedestrians, bicyclists, and all road osers eapecting other
road users to stop. Muldway stop control is used wltere the vrolume of tra££ic on the intersecting roeds is ' aPPmximatelY eNal. The restriations on the usc of STOP signs dcscribed in Sccrion 2B.05 atso apply co muiaway scop applicadons,
Sact, 2UA5 t9 2B.07
Page 2B-8 2003 Edikion
;
Gaidaace:
The decision to instal muldway stop controI shonld be based on an enginecring study.
The following criteria should be considened in the engineering-stady foz a multiway STOP sign installation: A. Where traffic control signals are justi6ed, the multiway stop is an intecim measure that can be installed
quickiy to contro] tcaffic while,{~'angement,g are being made for the installation of the traffic control
signat. No s~nS. ~t~~.~.•
A. A crash problem, as indicated by 5 or more reported crashes in a 12-montt~ period thnt are susceptible to
cosection by a multiway stQp installation. Such cra*es include right and left-wrn oollisions ac we11 As
right-angle collisions. (~\tY ZL
C. Minimum volvmes:
1. The vchicular volume enlerins tha intersecdon from the ma}or street approaches (total. of both.
appr~oaehes) averages at least 340 vehicles ger baur foc s~ny 8 hours of an averuge day, and M~- ~~A~ (4>s
2. Thc combined vehicvlar, pedestrian, end bicycle volume entering the intersection fmm lhe minor ~
. street appzoaches (total of both Rpproaches) avereges at least 200 units per haur for the same 8 hours,
with an avera e deIa tQ m~~ ot . trex,i vehict~lar 1C Oer t~~t 30 seconds per vehicle during the
highest hour, but G°'^^"~^"'~ ~O''""O °n" ap' "'""r '
3. If the BSth-gercentile anproach speed of the major-street trAffc eaceeeds 65 kmTh a l~exr.~ s 44 mph, t~ Ps 2S
tha mininmm vehicular volumo w~acits are 70 pcrcent of the above vatues. 5Q
D. Where no single criterion is satisfied, but where Criteria B, C.1, and C. VLre all gatisfied to 80 percent of
thc mininmm valucs. GYiterion C.3 is excluded from this condidon. of nij.
Option:
Other criteria that mny be considered in an eng'uzeeeing stucty includc:
A. The need to control lefi-turn conflicts; l'J+ '~Ji' to~~S w-c- W^`"'04' ~,ty{,~,,a
B. Tl~e need to control velvcle/pedestrian conQicts near locations that generate high gedestrian volumes;
C. I.ocarions where a road uscr, after stoppino, cannot see conflicting trafl"lc and is not able to re~sQnab y ~S
safely negotiatc the intcrsection unless conflicting cross tcaffic is also required to stop; and S~i'
D. An interscction of hvo residential neighborboad collector (through) streets of similar design and
opcradng chf►racteristics where multi)vay stop coa t%o d'm rove~haffie operational elxnracterisdes of
the intersectian. an.ly
5ection 2B.08 Y~CI.D 'gn i-2
Standard:
'1'he YMI.D (Rl-2) siign (see FYgare 213-1) shall be a doanward-Pointiug equilatcral trlpnglc with a
wtde re8 border and the legend YIELD !a red on a white background.
Support:
TheYMLD sign assigns rigbt-nf wny to Vafric on certain flpproaclies to an intersection. Vehicles contmlled
by aYIELD sygn aeed to slow clQwn or swp when necessary to 3void interfering with contlicdng traffic.
Section 2B.09 3UELD S~gn APpfflea«m . OPdon:
YIBLD 4igns may bc used insteaci of S°TOP signs if engineering judguient indicatcs thAt one or more of the
following conditians exist:
A. When the Ability to see all potentially e4nflieting vaffie is sufficient to allow a roaci user traveling at the
posted spaed, the 85th-percentile sgeed, or the statutary speed to pass through the intersection or to stop
in a reasonably safe manner.
B. If controlling A merge-type movement on the entering roactwny Nvhece accelerndon geometry nad/or sight
distauce is not adequate far merging b'affic operation.
C. The second crossroad of a divided highway, Nvhere the median widtU at the inteisecdoa is 9 m(30 ft) or
greater. In this cese, a STOP sign may be installed at the cntrance to the first roa8way of a divided
lrighway, and a YLBLD aign may be instsilled at the entrance to the secand roadway.
D. An intersection Nvhere a speciul problem exisis and where engneering,judgtnent indicates the problem to
ba suscepdble to couection by the usa of theYIELD sign.
Standard:
AYlELD (Rl-2) sign auall be userl to assign rtght-of-way at the entrance to a roundabout intersection.
,
ssu. zR.m m 2is.cut . '
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CITY OF SPOKANE VALLEY
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Request for Council Action
Meeting Date: November 18, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
ED information ❑ admin, report ❑ pending legislation
AGENDA ITEM TITLE: Yellowstone Pipeline Franchise
GOVERNING LEGISLATION: RCW 35A.47.040
PREVtOUS COUNCIL ACTION TAKEN: None
BACKGROUND: The City inherited three old franchises from Spokane County relating to
facilities in the rights-of-way owned by Yellowstone Pipeline Company (Yellowstone). All three
were for specific defined areas for 50 years, and expired in 2003, 2004 and 2007 respectively.
The County's procedure at that point in time was to grant a franchise for a specific area. Each
time the company wanted to either expand or move their facilities, they needed to go back to
Spokane County and seek a new franchise.
Yellowstone contacted the City this year to inquire about a replacement franchise. Although the
City has granted several telecommunications franchises over the past five years, it has not had
the need to consider a pipeline franchise, including special conditions they bring with them.
After looking at our existing franchise language, I consulted with MRSC to find out what they
recommend to communities. MRSC did a comprehensive review of their materials after the
Bellingham disaster in 1999, and drafted a model liquids pipeline franchise for communities
which focuses on safety and accountability.
Staff made just a couple of editing changes, put in appropriate name and entity changes, and
sent it to Yellowstone for review and comment on November 4, 2008. The franchise area would
be the City, rather than multiple franchises, and incorporates by reference many provisions of
federal and state law. Until a new franchise is granted, the terms of the expired franchises will
remain in effect.
OPTIOPIS: Comments or questions when this matter comes before you as an administrative
report.
RECOMMENDED ACTION OR AfIOTION: NA
BUDGETlFINANCIAL IMPACTS:
f ~1
STAFF CONTACT: Cary Driskell, Deputy City Attorney
ATTACHMENTS: Draft ordinance
DRAFT I
F~
E.. i CTI'Y OF SPOI{AIVE VALLEY
. SPOKANE ~~UNTi', WASffi~!i GTON
ORDINANCE NO. 0*-,
AN DRDINA1iCEGRAA"MC YELLOWS'TDiNE P1PE L1NE COA'1PA.NY, A
~ORPORATION, ITS SCJCCES9DltS, GRANTEES AND ASSYGNS T'HE
NOlYEXCLiTSIVE RTGHT, PRFVII1ECE, AUTHORiT'Y ANT FRANCffiSE TO
COiNSTRIJCT, OPERATE, MAI7VTAIN, REMOVE, 1tEPLACE, AND REPAIIt
EX-iS'TI1iG PIPELPFE FACILITIES, TQGETliEIt WIT'H FQUTP-~MNT AND I
APPURTEIVANCES THERETQ, FOR 'I'HE TRANSPQRTATfON DF PETROLE[JM PRObIJC'TS AND BYPROI1UCT$ WITgN AND TAROUGH THE CTTY OF
SPOKANE VAILLEY.
V4HEREAS, Yel1owstone Pipe. Line Company (hereinafter "Grantee") has applied for a '
nonexclusive Franchise to op~rate and maintain apetroleum pipeline within and thmugh the City of
Spokan Valley (liereinafter the "Ciq," or "Grantor"); and, I
AVIIEREM, RCW 35A,47,040 authorizes the City to grant, pertnit, and regulate nan-exclusrve I
franc-hises foe the uso of public streets, bridge.s. or other public wa}'s, struciures ar places above or below i
! the surface of the g'ound for railroads and other rau#es and facilities far gublic corive-yances, for poles,
conduits, #unnels, #owers ttrid structures, pipes and wires and agpurtenances tlieeeof for trarismission and ,
distribution of electrical energy, signals and ather methads af communication, for gas, stieam and liquid fuels, f+or wa#er, sewer anci otber private and publicly ovai ed and operated fac-i1 ities for public servicc~; and
WHEREAS, RCW 35A_47_040 further requires that no ordinance or resolution granting any I
franchise in a code city for any purpose shali be adapted or passed by the city's legislative body on rhe
day vf its introduction now for ive days thereafter, nor at any other than a regular meeting nor wi#hout
f.irst being submitted to the city attarney, nor without having beeil granted b}F the apptoving vo#e of at
least a majoeity ofthe en#ire legislative body, nor without being publ3Fhed at least once in a newspaper of
~ener2~1 eirculation in t}~t city~ before b~coming effective. This ordinance has beeu submitted to the city
attomey prior to itF, gassage.
WHEREAS, the Council finds that the g'ant of the Franchise contained in #his Ordinance,
subject to its terms and conditians, is in the best in#erests of the public; and protects the health, safety and
wc-lfare of the citizens of this City.
1VOV4't THEREFO12E,'TkCE CITY Of SPOICANE VALLEY ORDAfNS AS FCILLOWS:
Sec#ion 1. Definition~.
, For the purposes of this Fre►nchise snd all exhibits attached hereto, the following terms, phrases, words
axci tb eir derivations sb al! have the meaniiig given herein. NVhen not inconsistent with the con#ext, vw'ords
used in ttie present tense include the future, words in the pfuml include the singular, and words in the
singu lar iuclude the plural. Words no# defined sh al l be given theis` com.tryon and ordinary meaning.
1.1 Con Ltruct ar Construction - shall mean rem oving, replacing, and repairing e3s.istiug pipeli ne(s)
andfor Facilities and msy include, but is not limited ta, digging andfor excavating #'or thc purposes of
removing, re-placing, and mpai ring existing pipeline(s) ancUor Facilities,
' DRAFT Pipeline Ordinance Page 1 af 17
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11 Effective Date - shall mean the date designated herein, after passage, approva] and le,ga]
publication o.f th is Ordinance and acceptance by C'irantee, upon which the rights, duties and obligations ~`.j
sha1] corne in effect and #h2 date from which the tiftle requirement for any notice, exkension andlor
renewal will be measured.
1.3 Facdlitie-s - sba11 mean the Grantee"s pipeline system, lines, valves, mains, and appurtenances
used to transport ar distribute oF Grantee's petrole-um produc6(s).
1.4 Fran.chise - shal] mean this Franchise and any amendments, exhibits, or appendioes to this Franchise.
I 1.5 Franchise Area - shLI l.. mi~an5 the area within #he jurisdictionaE baundaries of the Grantoz,
including any areas annexed by Grantor during the tern of this Frauchise, in which case the annexed area
shall become sLibject to the terms of this Franch3se.
1.6 Hazardous Substance - shall mean any hazardous, toxic., or dangerous substance, material, .
waste, pa1lutant, or contaminarit. Thc term shall specifically include pe#roleum and petroleum praducts
and #h~ir by-products, residue, and remainder in whatever form or state. The term sball also bc~ interpretcd
to include any substance w'hich, after release into the envirohment, wi11 or may reasonably be anticipated
ta cause. death, disease, injury, illness, behavior abnormalities or, genetic abnormalities.
I _7 Maintenance or Maintain - shall mean examining, tc sting, inspc~cting, regairing, rn aintainin~
and replacing the eydsting pjpel`tno(s) andlor Facilities ar aiiy part thereof as required and necessary for
safe ogerahion,
1,$ Pipeline Corridor - shall mean tlie pipeline pathway through the Franchise Area in which the
pipeline(s) and or Fac-ifities a#' the Grantee are located, incluriing any Rights-of-NVay, Public Property,
andlor easement over and through pri,,,ate property.
1.9Public Properties - shall mean the presen# andlor futLire properEy owned or leased by Grantor
within the present aridlor futktre corparate limits or jurisdtctionai boundaries of th e Grantor_
~ 1,10 Qaerate ar Qperation s - shall mean th~ use of Grantee's existing pipeline(s) andlor Facilities
~ far the transpor#atio~, distribution and handling of petroleum producxs ar byproducts ►vithin and through ~
~ the Francliise Area,
~ 1.11 Rights-ofn Va~ _ shall ineanEi the s4IFface and the space above and below streeis, roadwa}rs,
highways, avenu es, courts, laues, alleys, sidew$llcs, easeni en#s, rights-of-way tvid similar public property
and areas located witli in the Franchise Area.
Scctiou 2. C'irarit of
2.1 Grantor hereby grants to Ctrantee, fl corporation arganized and existing under and by virtue of
~ thc. laws of the State of and which is authorixed ta transact business within the Sta#e of Washingtan, its
successors aiid assigns (as provided in Section 4), the right, prjvilege, authority and Franchisc to
Coasiru c t, Operate and Maintain its existing pipeline(s) andJor facilities necessary for the tran3portation,
dis#ribut'ion and handling of any petroleum praduct or b}rproduct thereof,. within the existing Pipeline
Corridor passing #lirough the Ftanchise Area. i.
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2.2 This Franchiu is non-cacclusive. Grantor reservcs all rights tu its property, including, without
limitation, the right to grant additianal Franchises, ea5ements, licensas and pumits to others, providcd
that the Grantor shall not gsaat any ather Franchise, license, casement or permit that woald uareasoaably
interfere with Graatee's permitted use under this Franchisc. 'lhis Franchise shall in ao manner prohibit the
Grantar or limit its powcr to perform work upan its Riphts-0f-Way, Public Propertics or make nli
neccssary changos, rclacatioas, rrpairs, maintenencc, estnblishment, improvcment thereto, or frvm using
any of the Rights-of Wsy and Public Propenies, or any pnrt of them, as the Grantor may deem fit from
time to time, including the dedication, establishmeat, maintenance and improvcment of all new Rights-of-
Way end other Public Properties af every type and description.
23 This Franchise is canditioned upon the terms end conditions contained herein and Grantee's
campliance with nU applicable federal, stste or other regulatory programs tbat currently- e+cisi ar may
hereaRer be enacted by any regulatory agencies with jurisdiction aver the Grantee.
2.4 By granting this Franchisc, the Gcantor is not assuming any risks or lutbilitics, which shall be
solely and separately borne by Grantee. Grantce agrces and covenanis to, at its sole cost snd espense, ta1►e
aU necessary end prudont steps to pratect, support, and kcep safe fram hann its pipeline(s) and/or
Facitities, or any part thec+eof, when necessary to protect the public health and safety.
2.5 This Ftnnchise is intendcd W canvey only a Limitcd righi aad interest. It is nut awarranry of
title or interetst in Grantoes Rights-af Way ar ather Public Property. Nono of the rights grantcJ herein
sha11 affoct the Grantot's jurisdictian over its proptrty, stTeets or Rights-of•Way.
16 This fiatmhise does not and shali not convey any right to Grantee to install its Facilities an,
under, over, across, or to othcrwisc use ciry owned ar lcasccl praperties of an)• kind, cither n-ithin or
autside the Pipelinc Corridar, other than existing public rights of wn}.
2.6 T6t licnited rights nnd privitegcs granted uader this Franchisc shull not con%cyan~~ right to
Graniec to install any new pipeline(s) and/ ar Facilities a~ithout the exprass wriuen consent of Grantor.
Sectioa 3. Tert. Each of the provisions of this Franchise shall becomo effcctive upon the Effcctive
Date, subjeci to Grantee's acceptance of the terms and conditians af this Franchisc and shall remain in
I effect for tenLm~enty-fi~•e (4P25) years thercafter. Subsoqueatly. iiie Nk
r«ar~;x~>-e~-~,-,sr_=1++;c rer-trw~-fegulaii:.~;;-City Cauncil will consider rtnewing this Ftanchise, at
the written request of Grnntee, for en additional ten (10) year renewa) period at any time within two (2)
ycars before the end of the Franchise's original t,~ntwentv•five (4-025 year term, unless cither part)
expresses its intcntion w wTiting to tecminate this Franchise at the conclusion of the originsS teiitwenLy-
fvc (ln?5) year tttm. Rene~vel must be requested no less lhan six months beforo expiration of this
Frnnchise.
SecUop 4. Assianmenl apd_Transfer of Franchise.
4.1 This fraachiso shall not be leased, assigned or otherwise alienatcd without the express conscnt
of the Grantor by ordinance, which approval shall not be unreasonabty aittilheld.
4.2 No transfer sball be approved unless the assignee oc transferee has at least the legsl, technical,
financial, and other requisite quAlifications to carry on the activities of the Crrantee.
4.3 Any transfer ar assignment af this Franchise without the prior wTitten consent of the C:itv
shall be void nnd resuit in revocation of the Franchise.
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Sectioa S. Campliance with Law•s and Studards.
5.1 In carrying oat any uuihorized ectivities undcr the privileges grantcd herein, Grnntcc shall
mcct accepted 'mdustry standards and comply with all spplicable laws of any govcrnmcntal eatity with
jurisdiction over the pipcline and its operatian. This shail include aU applicable laws, rules nnd
regulatians existing at the Effective Date of this Franchise ar thnt may be subsequently rnacted b}• any
govcrnmeatal entity with jurisdiction over Granter andlor thc pipeline(s) and Faciiities.
5.2 In the case of any canflict bctween the terms af this Franchisc and the tcrms of Grantor's
ordinances, codes, regulations, standards and procedures, this Franchise shall govern.
Sectioa 6. Construction and Maintcnancc.
6.1 All pipeline Conswction, Maintenance or Uperation undertak-en by Grantee, upon Grantee's
dircctian or on Grantce's behalf shall be completed in a woricmanlike manner.
6.2 Except in the case of an emergency, Prior to commencing any Constnirtian andlor
Maintenance wotlt in the Franchise Arva, the Granree shall first file with the Grantar such deta.ilcd plans,
specificatiens and prefiles of the intanded work as may be required by the Gmntor. Grantor cnBy requirc
such additional information, plans and~lor specifications as are in Grentor's opinion necessary to protect
the public health and safety during the Cvnstructian andlor Maintenance work and for the remaining term
of this Franthise.
6.3 All Construction and.'or Maintrnance work shall be performed in eonformity with the plans,
maps and specifications filed with the Grantor, e:ccept in instances in which deviation may be allowed
thenafter in writing pursuant to an appticarion by thc Grantee.
6.4 All pipe and other components of any Facilities usod in Constiuction and'or Maintennnce
activitics within the Frnnchise Area shall comply w-ith applicable feileral regulations, as from time tu time
amended.
6.5 Except in the event of nn emergency. Grantee shall provide Grantor at Ieast ten (10) culendnr
dnys written notice prior to any Construcqon andlor Maintenance, or other substantial activity, other thnn
routine inspections and maintenance, by Grantee, its agents, emplo}ees or cootractors on Grantec:'s
pipolino(s) or Facitities within the Franchise Area.
6.6 Vti'Qrk shall only commence upon tbe issuance of applicabie permits by the City, which
permits shnll nat be unreasonnhly withheld or delsycd. Howevcr, in the event of an cmergency requiring
immediate action by Grantee far the pratccdon of the pipelinr(s) or Facilities, Grantoes propert}• or other
persons or properry, Grantee may proceed without first abtaining the aormally requircd pertnits. In such
event Grantee must (1) take all necessary nnd prudent steps to protect, support, and keep safe from harm
its pipeline(s) and/or 1=acilities, or aay part thereof; Grantor's property; or other persons or pmpcrty, and
to Protect the public health and safety; end (2) as soon as possible thereaRer, must obtain the required
permits and comply with any mitigation requirements or other conditions in the after-the-fact permit.
6.7 Unless such conditian or regulation is in conflict with a federal requirement, the Grantor may
conditian thc granring af any pertnit or ather approval that is required under this Franchisc, in any manner
reasonabiy necessary for the safe use and management of the public right-of-w-ay or the Grantaes
propcrty including, by way of exnmple and not timitation, bonding, maintaining proper distance fmm
URAF'T Pipeline OrJi►iaiice Paize 4 of 17
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other utilities, protccting the continuity of pedestrian and vehicular traffic and protecting an}• Rightj-of-
Way improvemtntsti pmate facilitirs and public safety.
6.8 Whenever necessary. after Consbvcting or Maintaining any of Grantee's pipclinc(s) or
facilities within the Franchise Area, the Grantee sha11, without dclsy, and ai Grantm's sole expense,
removc all debris and restore the surface as aearly as possib}e to as good or better condition as it was in
bofore the woric begaa. Grantce shall teplftce any property corfler monuments, survey reference or hubs
that werc disturbed or drstrmyod during Grantee's work ia the artes covered by ttus Ftanchise. Such
restoration shall be daae in a manner coasistent with appiicable codcs and Laws, under the supervision of
the Crantor and to the Grantai's satisfsction snd spcci5cations. The resturatiQn sha1i be done undec a bond
in an amaunt appropriate to guarantee adequatc rntotstion.
6.9 Grant,ee shall continuously be a member of the Stetc of WaShington one numbcr locatar
smice under RCVY 19.122, or an approved equivalent, and shall comply w-ith all such applicable rules
and rogulations. Grantee shall provide rasscnable norice to the City prior to cammencing any
Maintennnce or Construction under this Franchise sad additiunally to tbose owners or other persons in
cantrol of properry in the Franchise Area a'hen the Maintenance ar Coostruction wYll affect access or
otheno-ise impact the pmperty.
6.10 Markers demercatin8 the pipeline's location shall be placed an tlx sucface et least avm 100
yarcis so as to provide clear warning of the prescnce of the pipeline but in a manncr thnt does nflt iatorf'ere
with trails or other public uses in that area AddidooaUy, Grantee shall place continuous underground
marken demarcating the pipcline's (ocation each timc Grantce digs W the pipelinc for arry reason.
6.11 Upon acceptance of this Franchise by Grantee, the Grantec shall file and thereafter mnintain
at ail timcs with the Grantor a survey depicting the location of the Pipeline Corridar within the Franchise
Area as well as the approximate {ocatian of Gmntee's pipelint(s) and Facilities wilhin the Pipeline
Corridor along with all other knov►m utilities, landmarks, and physical features. Whrn the city or third
parties are engaged in wc►rk in the Pipeline Carridw, or within fiRy (50) feet of the Pipeline Carridor,
Grantce shall promptty respond to requests to locate the precise position of its Facilities. If the pmjcct is tt
city projxt, Crantee shall bear any costs associatcd with lacating its Facilities.
6.12 GrnnUee shall elso provide detailcd as-built design dtaAings slio« ing the size, deptli and
location of atl pipes, valves, gsuges, other service appurtenances and Facilitie.s within the E'mnchise Area-
!t is understood that the location of the Fncilities shall be verified try excavating if exact alignment is
required. City agrees that it will camply with al1 state and federal laws prohibiring discio3ure of Grantees
drawings, maPs, etc. to an}• third party.
6.13 Within thirty (30) days of completing any Maintenancc or Construction, or eny otbcc
substantial activity within the Franchise Area, the Grantee sha11 provide updated and comocted as-built
drsv%ings and a survcy sho«'ing the lucation, depth and other chamcteristics of the Facilities witt»n the
Fcanchise Arra.
6.14 Nothing in this Frnnchise shal) be deemed to impose any duty or obligation upc►n Grantor to
dotcrmine the adequacy or sufficieacy of Granta's plans and designs ar w ascertain whether Gtantee's
proposod or actu$1 constructian, ttsting, maintenarice, repairs, rePlacement or removal is adequate or
sufficient or in confoRnance with the plans and specifications reviecved by Grantor.
DRAFT Pipetinc Urdinance Page 5 of 17
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6.15 Gmntee shall bc so{ely, aiid campletely responsible for wurkplace safen• and sufe wori:ing practices
on its job sites within the Franchise ana, including safety of all persans and propcrty during the
perfotmnnce of any work.
Sectioa 7. 4[~rt~tions Main,tenaacc Inspectia~, Testinu-
7.1 Grantee shall aperate, maintain, inspect and tcst its pipeline(,s) and Faciiities in chc Franchisc
Area in full compliance with the appticable provisions of all federal, state and local tnws, regulaiians and
standards, as now enactcd or hereaf3er amended, and tiny other future laws or regulations that are
applicable to Grantce's pipetinc(s) and Facilitics, products and busincss operations.
7.2 If the federal Office of Pipeline Safet}, or tbe statr regulaiory agency significantly decrease
eheir staffs, or if any congressional or legislntive study indicates that federal or state regulatory aversight
has significantly decreased in effertivcness during the term of this Frnnchise, then Grantor and City agree
to expeditiously negotiate aew franchise provisians that will provide the ciry with access ta detailed
information regarding testing and inspection such as would have beEn routinely submitted to the federal
or stnte regulatory agencies under the regulations in effect at the time of ttte Effective Date. Grantec
agrees to cover all costs incurred by City for expert assistnnce in intcrpreting the testing and inspection
datA. if Grantor and Gmntee fail to agrce upon new franchise provisinns, the issues shall be resolved
through thc Uispute Rcsolution provisions of Sectioo 13.
Section 8. Encroachment Mann e~, mejnt.
8.1 Within ninety (90) days vf entering into this 1=ranchisc, and on an Annual basis thereafter,
Grantte shaU provide aNvritten encroachment management plan that deazoastrates how Grantee's
pipeline(s) and/or Facilides err and will be protected against possibte eneroachment. This plan shall
include at least the foUo-wing: 1) education and one-call involvemeat as defined in Fedecal RCgulatiaas,
and 2) an encroachment management proce.sses demonstrating: a) Grantee's pcocess for monitoring
activity in or aear the Pipelina Corridor; b) Grantee's field verification of the location of Facifities within
the Pipeline Corridor, c) Grantee's encroachment tracking system; d) Grantee's re-dewlcoordination
pmcess for criticnl encroachments; e) control center notificatian of existing or active encruachments; and
f1 assertivc protection of tbe pipeline Rights-of-VVaN.
8.2 Lipon nodfieation to Grantee of planned canstruction involving excavatioo or any activity that
cc.~utd abnormall}• load the pipcline, by cittter the city or any third party, within fifty (50) foct of Grantce's
f'ipeline Corridor, Gmntee shall flng the precise location of its Facilities buforc the canstruction ar
nctivin, commences, provide a representarive to inspect the construetion when it eommences, end
periadically inspect thereafter to ensure that Grantee's Pipeline is not damaged by the conscniction or
RC.ItvlIy.
8.3 Upon the city's reasooable rrquest, in connectian with the dGSign of any cih• publsc works
projcct, Grantee will verify the exect location of its underground Facilities within the Pipcline Corridor by
excavating (pot holing) at no expcnse to the city. In the event Grantee performs such excava2iQn, the city
stiall not requirc any restoration of the disturbeti area in txcess of rcstorarion to the same condition as
c;xisted immediately pcior to the excavation.
ilp is. Ruptures and Emergenct_Response.
Section 9. L,eal:s,
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DRrlFT
9.1 Grantee shall have in place, at all times during the tctm of this Franchise, a system for
remotety monitQring presswos nnd flows acrosS thc Franchise Area. Tho remote monitoring must be nble
to accuratcly detect pipeline ruptures.
9.2 During the term of this Franchise. Gmntee shnll hnvc a writtcn cmergoacy rosponse plao nnd
Proceclure for locating leaks, spills, end ruptures and for sbutting down valvcs as rapidly as possibic.
9.3 Upon acceptance of this Franchise, Grantee shall provide, for CraMors approvaJ and
ucccptance, a copy of its cmergcncy rsspoase ptuns and proceduros, inctuding, but aot limitcd to,
e3nergency response for spills or leaks. If thc parties disugree as to the adequacy of Grant+eo's emergency
response plan, the partits will submit the plan to independent, third party review. If tho review
tocammsnds that Gmntee make madi5cations or additions to Grantec's anergency respoose plen, Grantee
covcnants to consider said recommcndatians in good faith. If Gmntee declines to follow thc
recommeacladons, Granta shall provide a written report to the Grantor explaining its reasoning far not
folluwing said rocommeadaiions. The partics agroe to camply with thc dispute resofution provisions
contained herein to resolvc any disputc over the whether to follaw the rccommendarions.
9.4 Grantee's emcrgency plans and procedures shall designate Grantce's respansible locul
emecgency trsponse officials and a dir+ect 24-hour emergency contact number fot control ceater operator.
Granter shall, after being notified of an emergency, cooperate with the Grantor and mnke evcry effort to
respond as soon ss possible to protoct tho public's health, safiety and welfare.
9.5 The parties agroe to mcet annually to review the emergency plans and procedures. Grnntce
shal) coardinaic this mccting with thc Grantar.
9.6 Grantoe stiall be solely respansible for nll necessary costs incurred by city, county, speciel
disuict or state agencics in responding to any rupture, spill, or lea4c from Grantee's pipeline(s) and/or
Facilities, itfcluding, but nat limitod to, deGection and removal of any contaminants from air, earth ar
water, and all actual rcmedistion costs. This sectian shall not limit Grantees rights ur causcs Qf actien
agaiast ttny thnd parcy ar parties who may be rcsgonsible for a leak, spill or ottter release of hazardaus
I iquid from Grantas pipeliae, including such third partys insurors.
9.7 In addition to the notificatioa roquirements in the emergenry response plan, Grantee shall
notify Grantor of any uncontained leak, spiU or rupture, outside of a vsult ar pump station, of pewleum
product from its pipelina(s) andJor Facilities within ar affecting the Franchise Area totaling one (l) barrel
or more within onc (1) business day of its observarion or detection.
9.8 ll'requested by Crantor in wTiting, Grantec shall folloa-up tbi.s aotice wiihin thirty (30) d.ays
with a written summary of the eveat, including. but aot limited to, the leak, spill, or rupture's dau, time,
Funount, location, response, remediation and other sgencies Gmntee ha.s notified.
9.9 In the event of an uncontaincd leak, spill or ruptun from Grantee's pipeline(s) and/or
Facilities afferting the Franchise Area of ten (10) barnls ar morc, where the cause is not masonably
apparent, and where federel or state regulators do not investigate, the Crantor may demand th$t the
occurrence be investigated by an independent pipeline consultant selected by Grantar. Gmntee shaU be
solety responsiblr for paying all of the consultant's cosu and expenses incurrod in invesrigating the
occurrence and rcporting the findings. Gmntee shall meet and canfer with t6c indcpendent consuhent
fullvwing the consultant's invesrigation to address wfiether any modificatioas ar additions to Grantee's
pipeline(s) and/or Facitities may be warrantod. In cases where federal or stste mgulatars do perform an
iovestigation, Gmntee agrees to share the results of that investigation w•ith the city %Nithin sixty (60) days.
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9.10 lf the consultnnt recommends thnt Grantee make modifications or addiuons tu Grantee's
pipelint(s) andlar Facilities. Crrantce coveaants to considcr said rocommendations in goad faith. If
Grantee declines to foUow the eoasultanYs rrcammendations, Crantee shall provide e written report tu the
Grantor explaining iu rensoning for not foUowing said rrcommendations. Thc parties agroe to comply
with thc dispute rosolution provisions containcd herein to resolvc any disputc over the whether to foltaW
the vonsultant's recommendations.
o .
Section 10. & ti
10.1 ln the event that Grantor underuikes or appraves the cc,nstruction of or chnnges to the grucle
or Icxation of any waier, sewar or storm drainage linc, sveet, sidcwslk or othcr Cit}, improvement project
or any governmental ageacy ar any perxan ar entity acting in a governinental capacity, or on the behalf of,
under the authority of, or at the requcst of the Grantar or any oiher govcrnmental agcncy, undertakes any
improvement project and the Grnntor detecYUines that the project might reasonably requiro the relocation
of Grantee s Facilities, Grantor shail provide the Crrantee at lesst one huadred and twenty (120) calendnr
days prior written noticc or such additional time as mny reasonably be required, oF such project requiring
relocaticxn of Griuntoc's pipeline(s) and/or Facilities.
10? Grantor shall provide Grantee with copies of pcrtinent purtions of the plans and
spccifications for the improvemrnt project. Upon request, Grantee shall, at its cost and expense,
determine and identify for Grantvr the exact tocatinn of its pipeline(s) and Facilities potentially affected
b}• the improvement project.
10.3 Grantee may, after receipt of written notice rrquesting a rclocatiaa of its fiacilitics, submit to
die City wTitten altemutives to the reloc:ation within fort}• five (45) calendar dsys of mceiving the plans
und specificntions. The City shall naluste the alternatives and advise Grantee in writing if one or more of
~ the ahematives arp, suitable to accatnmodatc the work thai would atherwise nectssitett relocation of the
Facilities. If requested by the Ciry, Grnntee shall submit additiQnal information to assist the City in
making the evaluation. The City shall Etive each sltemativc proposed by Grantre full and tair
consideration but retains full discration to decide for itself whether to utilixe its Qriginal plan ar an
altcrnntive proposed by Grantee. ln the event the City ultimately detotmines that there is no other
reasonablc alteraativc, Grantee shall relocate its Fecilities as proposrd by the city.
~ 10.4 If any improvement project under s5ection 10 is eequired in the interest of public health,
safety, welfare, necessit}, or conveniencE, as adjudRed in the sole discretion of the Grantor, the Grantee
shnll mal:e such changes as rcquired berein at Grantec's sole cost, expense and risk.
10.5 Grantor shall work cooperatiti•ely- with Gruntec in determining a viable and practical route
w-ithin whieh Grantee ntay relucate its Facilities, in order to minimize casts while meeting Grantors
project objcctives.
10.6 Grantce sluall camplete relocation of its Facilitics so as W accammodate the improvement
praject at least ten (10) calendar days prior to cammencement of the impravement projecc or such other
time as the parties may agree in writing. IC _ e Ci!y or it's contracior is delayed st any time in the grogress
of the work b,)• an aci Qr ne¢lpSt of the Gmnta ar 4tigse acting jor or on bch 1f of Grantce. thcn Gtant
~hall indemnify, defend and hold ths Cb, its afficers. offi6als, emplovee5 and vpl _ tetrs harmlcss from
any and all rlai s injurici, damageL losses or its including attornevs' fess ta the extent arising out oi
or in connection ~~ith such drlay~, exrept fvr delavs and darnn cnused bv the Cit%. This prm isiom may
not he waivzd hv t_ hr narties exc_ert in writinv_
I)RAFT Piprline Ordinance Page 8 of 17
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Section 11. Re oval Abandonmcnt in Plscc.
11.1 ln the cvent of Grantee's perinanenc cessation of usc of its pipeline(s) and/ar Facilities, or
any portion thcreof, within the Franchise Ana, the Grantre shall, wittiin onc 6undred and eighty days
(180) after the oessation of use, remove the pipeline, Pacilities or any portion thercof.
112 ln the event of the romoval of all er a portion of the pipeline(s) or Facilities, Cirantee shnll
restoro the Franchise Area to as good or bettcc condition as it was in befoce the work began.
113 Removal and restoration work shall be dane ai Grantce's sole cost and expense and to
Grantar's reasonable satisfnctioa. Grantec shali be responsible for en}• environmtntal revicw• requirecf for
the removal of any pipeline(s) aadlor Faciliry and the peymcnt of any costs of the environmcntal revirw.
11.4 If Grantcc u required to remove its pipelinc(s) andlor Facitities and fails to do so and/or Cails
to adcquatcly resiare the Franchise Area or other mutuslly agrerd upon action(s), Grantor msy, after
roasonable notice to Grantec, remove the pipeline(s) andlor Facifities, restorc the premises and/ar take
other action as is rcasonably necessan' at Graritec's exptase. This remedy shall not be deemed to be
exelusive and shall not prevent the Ciri• from sceking a judicial order directing that the Facilitics be
removed.
11.5 With the zxpress writicn cocuent of the Grantor, the Gtantee may purge its pipeline(s) and
Facilities, as directed by Grantor, and abandon them in ptace. Grantee shall be responsible for any
emriranmental r+cview required for the abandanmant uf any pipel'ute(s) and/or Facilities snd the payment
of sny costs of such eavironmental reNriew. Grantot's consent to the abandonmeni of Facilities in place
shall not relicvc the Grantee of the obligation sndlor costs to remove or to alter such Facilities in the
future in the cveni it is nwonably determined that removal or altecations is necessary or sdvisable for the
health and safety of the public, in which case the Grantce shnil perform such war3: at no cost to the
Grantor. This provision shall survive the expiration, rcvocation or termination af this Franchise.
11.6 The parties expressly agrre thei this pruvision of this Section shall survive the cxpiration,
revocatian or terminatioa of this Franchise.
Section 12. ViolstionL Remedies and Tcrmination.
12.1 In eddition to any rights set out elsewherc in this Franchise, or ather rights it may passess at
law or equrty, the Grantor reserves the right to apply any of the following rcmedim alone or in
combination, in the event Grantee violates sny material provisioa of this Franchise. The remedics
provided for in this Franchise are ctunulative and not exclusive; the exercise of one remedy shnll nnt
prevent the exercise of anothcr, or any rights of the Grantor at lew or equity.
12.2 if Grantee fai{s ar r+efuses to comply with this Franchise, or sny of iu tcrntis or provisions,
the damagcs suffered by the Grantor as a resutt msy include, without limitation, increased costs of
administratinn and othec damages difTcuh to mcasure. lberefon, Grantor and the Grantce agree that
liquidated demagcs up to uns thousand dollnrs (51,000) per day, per incideat ar other measure of
violation, may be assessed from the fint day of the violatian or incident. 7hese damages rcpresent both
parties' best cstimate of the damages resulting from the specified 'wjury. The imposition af tiquidated
damsgcs will invoke the dispute resolution provisions as provided in this Franchise.
123 Gtantoc may also terminate this Franchise if Grantce mnteriaU}• breachcs or otherwise fails
to perform, comply with or othenvisc obsen•e any of the terms and conditiors of this franchise, or fails to
DRAF'7' Pipeline Ordinance Pnge 9 of 17
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maintain all required licenscs and appravals from f'ederal, state, and la:al jurisdictions, and fails tu cure
such breach or defeult within thirty (30) calendar days of Grantoes providing Grantee writtca natice
thereaf, or, if not rcasonably capable of being cured within thirry (30) calendar days, aithin sucb other
reasonable period of time as the parties mny agree upon.
12.4 I'his Fcanchise shall not be tcrminated except upon a majority vote of the full membership of
the Ciry Council, after rcasonable nadce to Grantee and an oppartuniry to bc heurd, provided that if
exigent circumstances nccessitate immediate terminetion, the hearing may be heid as soon as po.sible
ufter the termination.
12.5 ln the event of termination undcr this franchise. Grnntee shall immediately discontinue
operotian of the pipeline through the Frunchise Attia. Either pam may in such case invoke the dispute
resolution pcovisions herein. Altemarively, Grantor may elect to seek rolief directly in 5uperior Gourt, in
wtuch case the dispute resolution requirrmeats shall not be applicable in this limited situation. Once the
Grantee's rights to Operete in ttio Franchise Area have terminated. Grantee shull cumply with I'rzinchisc
provision regarding removal and,'or abandonment of Facilities.
12.6 Grantor's failure to exerci3e a pariicular remedy at any time shall not waive Grantor's right to
tcrminatc, assess penalties, or assert that or o.ny other remedy at law or tquity for any future breach or
default of Grantee.
12.7 Termination of this franchise shall not release Grantee fmm any lisbility or obligation wit6
respact to any mattcr occurring prior to such termination, aor shall such termination release Grantee from
any obligation to remove or securc the pipeline pursuant ta this Eranchise and to restore the Franchise
.Area.
12.8 The parties nclcnowledge that the covenants set forth herein are essential to this Franchise,
and, but for the mutual agreements of the pnrties to compfy zvith such covenants, the parties would not
have entered into this Franchise. The partics further acknowledge thsi ihey may not have an adequate
remedy at Isw if the other party violstes such covenant. 7liecefore, the parties shnll have the right, in
addition to any other rights they may have, to obtain in any court of competent jurisdiction injunctive
relief to restrain any breach ar thmatened bneach or athenwisc to specificnlly enforce an}, of the covenants
containad herein should the other party fail to perform them.
Section 13. DjSpute Resolution.
13.1 ln the event of e dispute behween Grantor and Grantee arising by reason af ihis Franchise,
the dispute sha1) first bc referred to the operational officers or representatives de.cignated by Grantar and
Grantec to havt oversight over the administration of this Fmnchiso. The officers or representatives shall
meet NN7thin thirty (30) calendar days of either part}rs requesi faf a meeting, wtichever reyuest is first, nnd
the pa-tics shall make a good faith effort ta attempt to achieve a rcsolution of the dispute.
13.2 ln the event that the parties are unable to resolve the dispute under the procedure set forth in
this section, ttien the partios hereby agrer that the mauer shall be referred to mcdiation. The partics shall
mutualty agrec upon a mediator to assist them in rcsolving thair differences. If the parties src unable to
agnx upon a modiator, the partics shall joind}r obtain a list of seven (7) mediators from a reputsble
dispute resolutioa organimtion and alternate striking mediators on that list until ane remains. A coin toss
sha11 determine who may strike the first name. If a party fails tu notif}, the other party of which meciiator
it has strickcn w-rthin two (2) business duys, the oitler paRy shall have the option of selecting the mcdiator
I)RAFT Pipeline Ordinance Paut 10 of 17
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from those mediators rcmaining on the list. Any axpcnscs incidental to mediation shall be borne equally
by the partics,
13.3 If the partics fail ta ac6ievc a rcsolution of the dispuLo through mediation, cither party msy
thea pursm any available judicial romedics, provided that if the party seeking judicial rodress does nat
subsiantially prevail in the judicial action, it shall pay the other purty's reasonnble legal fees and co5ts
incurred in the judicial action.
Scctioa 14. Indemnification.
14.1 Gcncrat Indomniftcation. Grsntee shall indcmnif},, defrnd and hold harnless Grantur fi-on
an}, and ull liability, loss, dama&e, cost, oxpense, and claim of nny kind, including reasoneble attomeys'
and experts' fees incurred by Grantor in defense theroof, arising out of or nlatecl to, dirxtly or iadiroctly,
the installation, construetion, operation, use, location, ttsting, repair, maintenancc, romoval, or
abandonmcnt of Granta's pipeiine(s) andlar Facilities, or from the cxistencc of Grantee's pipeline and
other appurtenani Facilities, and the produets contained in, transforrod through, roleasod or escaped frorn
said pipeline and appuRenant Facilities, including the reasonable costs of assessing such damages and any
liabilin• for oosts of investigation, abatement, comction, cleanup, fines, penalties, or athEr damages
arising under any environmental !aw-s. [f any action or prncecding is brought against Grantor by roason of
the pipeline(s) or its apptutenant Facilities, Grantee shall defend the Grantor at the Grantec's complete
expensc, pravided that, for uninsured actions ar prvctedings, defense attorneyi shall be appmved byGrantor, which approval shall not be unreasonabty withheld_
1d.2 L-m°ironmental Indemnificapon. Granbee shaU indemnify, defend and save Grantor hernzless
fram nnd against any and all liability, loss, dEUnage, expense, actions and claims, either ai !aw or in equity,
including, but not limited to, costs ond reasanable attomeys' end experts' fets incurnd by Grantor in
defcnse thtrcof, arising dira.dy or indircctly from (a) Grantcc's breach of any environmental laNtis
applicable to the pipeline or (b) fram uny release of a halardous substnnce on or fmm the Pipelins or (c)
other aciiviry related to this Franchise by Gtantee, iu agoaM contractors or subcontractors. This
indemnit}• includes but is not limited to (e) tiability for a governmeatal egency's costs of removal or
rcmodial action for hazardous substances; (b) damages to narural resources caused by hezardous
substances, includiag the reasonable costs of nssessing such daYnnges; (c) liabitity far any other person's
costs of responding to hazardous substances; (d) liabilir, for sny casts of investigation, abatemenG
camedion, cleanup, fines, peanlties, or other damages nrising under any eovironmental taws; and (e)
liabiliry for personal injury, property damage, or economic loss arising under any statutory or common-
law theorv.
Seetion 15. Insurnnce and Baad Rc+auirements.
15.1 During this Franehise, Grantea shall Provide and maintain, at its own cost, insurance in the
minimum amount of ONE HUNDRED MILLION UNfTED STATES DOLLARS ($100,000,000.00) for
esch occurrcnr.t, in a foRn and with a carrier reasonably exeptahle to the Grantor, naming Grantor as an
additional insured, to cover any and all insurable lisbilin, damnge, claims and loss as set forth in Sectian
13.1 above, and, to the eactent such covernge is reasonabty availabie in the commercial marketptace, all
liability, damagt, claims and loss as set forth in Section 13.2 above, except for liability for fines and
peualties for violation of environmental laws as otherwise pmvided below. Insurnnce coveregr shell
include, but is aot limited to, all defense costs. Such insuraact shall include, but is not limited to.
pollution liability coverage, at a minimum covering liebility from sudden and accidemtal occurrrnces,
subjcct to time clcmrnt reporting requiremeots, and such other applicable pollutian coverage as is
reasonablv available in the commercial marketplacc.
DRAFT Pipclioc Ordinance Page 11 of 1 i
DRAFT
15.2 Proof of insurance and n copy of the insurance policy, including, bui not limited to, coverage
terms and clsims procedunes, shall be providai to the Grantor prior to the beginning of any substantial
work, testing ar construction or reconsUvction on the Pipeline. Said insuraacc shall coatain a provisioa
that it shall not be canceled without a minimum of thirty (30) days prior wTiiten natice w the Granwr.
15.3 On or before the Effective Datr of this Franchise, the Grantee shell furnish a bond executcd
by the Grantee and a corporau surcty nuthorized to do a surety business in the State of Washington, with
( an AM Best rating of A XII in a sum to bc set and approved by the Grantor as sufficient to iensurc
performance of the Grantee's obligations and perfomiance under this Frar►chise, such bond to be
conditioned thst the Grantee shall well and truly keep and observe all of the covenants, tenns and
conditians srrd faithfully perform all of the Grantee's obligatians under this Franchise.
15.4 The indemnity, insurance snd bond provisions contAined herein shall survivc the temunntion
of this Franchise and shall coatinue for as long as the Grantee's Facilities shall remain in ac on thc
E'ranchised Artas or until thc parties cxccute a aew Frmichise Agreement which modifies ar termina/es
these indemnity, insurance and bond provisions.
Section 16. ReceivershiR snd Fo losure.
16.1 Grantee shall immediatety notify the Grantor in writing if it: file5 a voluntnry petitian in
bnnkruptcy, a voluntar}, petition to reorganize its business, or a voluntary petition to effact a plan or odier
arrangement with creditors; files an answer admitting the jurisdiction of the Court and the material
allegations of an imoluntary petition filed pursuant to the Banlwptc}• Code, as amended; or is
ndjudicazed bankrupt, makes an assignment for the benefit of creditors, or applies for or consents to the
uppointment of any receivcr or wstec of all or an}, part of its property including all or any parts of its
business operatians, pipeline(s) or Facilities within or afferting the Fmnchise Area.
16.2 Upan the foreclosure or other judicial sale of all or a substantial part of Grantce's business
operations, pipeGne(s) or Facilities within ar affecting thc Franchise Area, or upon the termination of an}leasc covering all or s substantial part of the pipeline(s) or i'acilities -within or affecting the Franchise
Area, or upun the occasion of additional events which effeciively cause termination af Grantee's cights or
ability to aperate the pipeline(s) or Facilities within or affecting the rranchise Arca, Grantoc shall noti[y
the Grentar of such fact, and such notification or thc occurrence of such terminnting evencs shall be
treated as a notification that e change in control of the Grantce 6as tal:en place, ead the provisions of this
Franchise Agrecment governing the conseat of the Grantar tu such changr in control of the Grantee shnll
nppl}•.
163 The Grantor shall have the rigbt to cancel this Fmnchise one 6undred twrnty (120) days a8er
the appointment of s receiver or trustee to take over and coaduct tMe business of a Grnntee, whether in
receivership, reorganization, bankruptcy, or other actioa or proceeding, unless such receivership or
wsteeship shall have been vacated prior to the expiration of said onc hundred twenty (120) days, or
unless: a) Wiihin one hundred twenty (120) days aR.er the election or appointment, such receiver ar
wstee shnll have fully complied with all of the pruvisions of this Franchise Agreement and remedied any
existing violations and!or defaults; and b) Within said aae hundred nveaty (120) days, such receivet or
trustee shall have executed an agreement, duly approved by the court having jurisdiction, whercby such
receiver or trvstce assuives and agrees to be bound by each and every provision of this Franchise
Agrccment granted to the Grantee except whera espmssly prohibited by Washington law.
Secdon 17. Franchise Fee and Costs.
DRA1=T f'ipcline Unfinnncc f'agr 12 of 17
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17.1 In considerauon for ganting this Franchisc and for the use of the Fmnchise Area, there is
~ hcreby established an ennual fee equal tD ' dollars. The first paymcnt shall be paid at the time Grantee
accepts this Fmnchise and shall cover the next twelvo (12) months. F,ach succeeding paymeat shall cover
the ne?ct twclve (12) month period and shall be paid not later than thc annivctsary datc of the Effective
Dnte of this Franchisc,
17.2 Thc first installment shall bc paid at the time Grantce accepts this Franchise nnd shall cover
the nsxt tcvelve (12) months. Each succoeding instaltment shall cover tbe next twetve (12) month period
and shnll be paid not latet than the anniversary date of the Effective Dete of this Franchise_
17.3 Intercst shall sccrue on any late payment st the rate of twelve percent (12'Yo) per annum. The
annual fee shall remain con5tar►t for the first tbree (3) years of this Fmnchise end shall thcn subsoquently
increese at a raie of ono and a half perccnt (1 102%) every ycar thrreafter bzginning wilh ycur four (4) for
the Franchisc's remaining term.
17.4 Grentte agrees to pay a fee or $ chnrge so t}iat the City recovers its actunl, reasonable,
administrative expenses direcdy related to preparing and appmving this Franchise. Nothing heroin shnll
preclude thc eity from charLzing administradve fees or recovering administrative costs incurred by tho cihin the approval of permits or in the reasonable supervision, inspoctioa or examination of all warl► hy
Graniee in the Fmnchise Area to ensure cc►mpliance with the tcrms of thi5 Franchise and the applicnble
permits, as rtquired by the applicuhle provisions of the citvs municipal code.
Sccdon 18. I401 Rclations.
18.1 Nothing cantained in this Franchisr shall bz construcd to crcatc an association, trust,
pnrtnership, agency rttaiionship, or joint venture ot to imposc a wst, partnership, or agrncy duty,
obligetion or liability on oraith rcgard to any party. Each party shali be individually and severall), liablc
far iu o~-.m dutics, obligations, and liabilities undet this Franchisr.
181 Grantee socepts any prn iieges granted by Granior to the Franchise Arra, puhlic Rights-of-
Wey and other Public Property in an "as is" condition. Grantee agrces that the City has aever made any
representations, impliod or axprcss warranties or guarantees as to the suitability, secwity or safery of
Grantre's tocation of facilities or the facilities thetnsetves in public property or ri~,thts of «•ay or possible
hezards or dangers ari5ing from athrr uses of the public rights of way or other public property by the City
or thc gcneral public. Grantce shall rcmain solely and scparatcly liable for the function, usting.
mnintenance, replacement and/or repair of the pipcline or ather activities permitted under this Tcnnchise.
18.3 Grnntce waives immunity uuder Tide 51 RCW in any cascs invoh7ng the Grantor and
affirms thst the Grantor nnd Grecitee hsve specifically negotiated this provisian, to the extent it may
apply.
18.4 This Fmnchise shall not create any duty of the City or any of its officials, employee.s or
agents and ao liability shelt arise from any action or failure to act by the City or any of its offcisls,
employees or agenis in the exarcise of puwers roservcd to the Grantor. Furthcr, ihis ordinance is not
intended to acknowledge, create, imply vr expand any duty or liability of the Grantor with respect to any
function in the eKercise of its police power or for any other purpose. Any duty that may he deemed to be
DRAFT Pipeline Urdinance Page 13 of 17
DRAFT
created in the City sUall be dcemrd a duty to thc gencral public and not to any spccir;c party, group or
entitv.
18.5 7lhis Fmnchise shall be govcmed b3•, and construed in accordance with, the laws of the Stete
of Woshington and the parties agroc that in any action, except actiorLc based an fedtral qucsiions, venue
I shall lie exclusively in W~c County, VVashington.
Section 19: Miscellanoaus.
19.1 In the event that a caurt or agcncy of competcnt jurisdiction declacrs n material provision of
this Franchise Agreement to be invalid, illegal ar unenfoc+ceablc, the parties shall ncgotintc in good faith
and ogrce, to the maximum extent practicebk in light of such determination, to such amendments or
modificatian5 as are appropriate actions so as to give effect to the intentiuns of the parties as reflected
herein. If severance from this Fritnchise Agreement of the particulnr provision(s) deternnined to be invalid,
illegal or unenforceable wiU fundameatally impair the value of this Frenchise Agtcement, cither party
may apply to a court of compettnt jurisdiction to refortn or reconstitute tfie Franchise Agreement so as to
rccepture the original intent of said particular provisioa(s). All other provisions of the Fmnchise shall
remain in efteci ai all times during which negariations or a judicial aetion remains peading.
19.2 Whenever this rranchise sets foith a time far any act to be perfonned, sucb time shall be
deemcd to be of the essence, and any foilure to perform within the allotted time Tnny be considered a
material violation of this Franchise.
19.3 In the event thst Grantcc is provented ur delayal in the performance of any of its obligations
under this Fmnchise by reasop(s) beyond the reasonable control of Grantee, then Grantee's performunce
shall be excused during the Force Majeure occurrence. Upon removal or tertnination of the Force Mnjeure
cx;currence the Grnntee shall promptly prrform the affected obtigations in an orderly and expodited
mnnner under this Franchise or procure a subsiitute for such obligatian or performance that is satisfactory
to Grantor. Grantee shall not be excused by merc economic 6ardship nor by misfeasance or mnlfeasant;c
ot its directors, offirers or employces.
19.4 Ttie Section headings in this Franchise arc for convenieace only, and do not purport to and
shull not be deemed to define, limit, or extend the scope or intent of the Sectian to which the}• pertain.
19.5 By entering into this Fcnnchise, the parties expressly do not intend to crtate any obligation or
liability, or Promise any performance to, any third party, nor have the partias creatcd for any third partr•
nny right to enforce this Franchise.
19.6 This Fmnchise and all of the terms and pmvisions shall be binding upon and inure to the
benefit of the respective sucressors and gssignecs of the parties.
19.7 Whenever this FrAnc6ise ralls for notice tc) or notificatiun by any party, the same (unlcss
otherwise specifically provided) shall be in wTiting and directed to the recipient at thc address sct forth in
this Section, unless azitten noUce of change af address is provided to the other party. If the date for
making any payment ar petforming any act is a le~,tal holiday, pay7nent may be made or the act performcd
on the next succeoding bnsiness day which is not a legal holiciay.
Notices shell he directed to thc partics as follo«-s:
To the Grantor: To Grantee:
DRAFT Piptline Or:iinancc I'agc 14 of 17
DRAFf
City Clerk Real Propem, Administration
11707 Fag Svra90. Suite 106 P.O. Box 7500
Spgkane Vallev; WA 99206 Bnrtlesville. OK 74005-7500
(509)921-1400 -
19.8 The parties each represent and warrxnt that they havc full authority w enter into suid to pcrform this
Franchise, that they arc not in dcfault or violation of any pcrmit, license, or similar rrquiremcnt necessary
to carry out the terms heteof, and that no further approval, pecmit, liccnse, certificatian, or action b}, a
governmental suthority is required to txecute and perform this Frunchise, exccpt such es may be routinely
required and obtained in the ardinary caurse of business.
19.9 This Frenchisc Agrerment and the aiEachments hereto rcpresent the entire understanding und
agrecment bctween the parties wyth respect to the subject matter and it supersedes ail prior oral
negotiations between the parties. This Franchise Agreement can be amrnded, supptemented, modified or
changed only by aa agreoment in writing which makes speeific referenct to the Franchise Agoement or
the aQpropriate attachment and which is signetf by the party against whom enfoccemeat of any such
ameadment, supplctncnt, modification or change is sought_ A11 prcvious Franchise Agr+eements bctwcen
thc pertics pertaining to Grantec's Operation of its pipelino(s) and:'or Facilitica arc hcrcty supersecied.
19.8 Grantec shall, within thirty (30) days after passsge of this Ordinnnce, file with the City CIer1:, ics
uneonditional written acceptance of all the terms snd conditions of this Franchise. If Grantee shall fail to
so file its written acceptance within suc6 period, thcn the rights and privileges granted hereunder shnll br
deemed forfcited.
19.9 The Effcctivc Date af this Franchise shall be thc 1" day of January•, 2009, after passage, appmval and
legal publication of this Ordinance as provided by lew, and provided it has bcen duly nccepted by Grantee
a.s herrin abovc pmvidcd.
PASSED by the Cin Council this day of Decembcr, 2008.
Mayar, Richard Munson
ATTEST:
Christine Bainbridge, City Cierk ~
Approved as to Form:
Clffice of tbe City Attorney
I}atc of Publicatian:
URAFT Pipeline Ordinance f'age 15 of 17
DRAFI
Fffiective Date: .
DRAFT Pipelinr C)rdinance I'agc 16 of 17
D1Z9F7'
UNICO\TATTIONAL ACCEPTANCE BY GRANTEE:
I, the undersigned official of Yellowstone Pipe Line Company, am authorized to bind
Yellowstnne Pipe Line Company and to unconditionally accept the terms and conditions of the foregoing
Frf►nchise (Ordinance No. 08-0#*), -which are hereby accepted by Yellowstone Pipe Line Company this _
day of 2008.
Yellowstone Pipe Line Company
By:
Name:
Title:
Subscribed and sworn to before me this _ day of .2008.
Notary Public in and for the
State of , residing in
My commission expires:
~
_
DRAFT Pipeline Ordinance Page 17 of 17
I
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 18, 2008 City Manager Sign-off:
Item: Check all tfiat apply: ❑ consent ❑ old business ig new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: AAA Street Sweeping Contract Renewal
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Street Sweeping Contract Approval on March 3,
2007, Contract Renewal on January 22, 2008
BACKGROUND:
The City conducted an RFP process in February 2007. In March 2007 the Council awarded the
contract to AAA Sweeping by the following motion:
, NEW BT1SIl,1TESS
2 Motion Consideration: Slreer Sweepiug Request for ProUosals - Jolui Holunan
Engineer Hohman explained that this issiie was previously presented to Couucil Noveinber 14 and
Febniary 20; and diat staff now seeks approval of tlie contract to AAA Sweepiug in an amount not to
exceed $473,687_ It ivas moved by Corincilniember Denerif?JJ mrd seconded to award the contrnct to A14A
Sweeping in an amount not to e-rceed $973,687 and ailthor•ue the Ci.ty Mariager to sign the contrnct and
frihtre se>>en-year renaval options as provided in the RIYP documents. Mayor Willute invited public.
couunent; no coanments tvere offered. Yote by Acclamation: In Fmor: Unaitimoirs. Opposed: Norre.
Abstentions: lVoyae. 1lgoti.on carried.
The contract was for one year with seven one-year renewal options which may be exercised by
the City. AAA Sweeping provided a very good level of service during 2007 and 2008. I
recommend that we renew the contract for 2009. The annual renewal may be adjusted upward
in an amount not to exceed the Consumer Price Index for All Urban Consumers (CPI-U) or 3%
whichever is smaller. The current CPI-U is 4.9% for the last 12 months. AAA Sweeping has
requested a 2.25% increase as outlined in their attached letter. I recommend that we approve
the 2.25% increase.
OPTIONS: Award the contract for $490,199.94, or not award the contract.
RECOMMENDED ACTION OR MOTION:
BUDGETlFINANCIAL IMPACTS: The contract will be funded by the current 2009 approved
budget.
STAFF CONTACT: Neil Kersten
ATTACHMENTS Specification section allowing price increase, pages 4& 5. 2009 DRAFT
contact renewal letter and AAA proposal dated 10/27/08.
_ Spcrryokane
Valley~
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
4;00 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
DRAFT
AAA Sweeping, LLC
P OBox624
Veradale, WA 99037
Re: Implementation of 201I9 oplion year, Contract 1Vo. 08-004, for Agreement for Street
Aveeping Services, No. 0 7-001, execulecl March 13, 2007
Iaear Mr. Sargent:
The City executed a contract for provision of Street Sweeping scrvices on March 13, 2007. The
Request for Proposal states that it Nvas for one year, with 7 optional one year terms possible if the
parties muhially agree to exercise thc options each year.
1"he City would like to exercise the 2009 option year of the Agrcement. The Compensation as
outline in Exhibit B, 2009 Cost Proposal, includes the increases you requested and shall not
exceed $490,199.94. If you are in agreement vvith exercising the 2009 option year, pleasc sign
and retum lhis letter by . This is thc sECOnd of seven possible option ycars that can be
exercised, and runs from January 1 tluough 17ecember 31, 2009.
Lxhibit A - Original AgrEement for Construction Services No. 07-001
Exhibit i3 - 2009 Cost Proposal
All of the other contract provisions contauied in the original agreement are in placc and will
remain unchanged in Exercising this option year.
Plcasc sign below to acknowlcdgc the receipt and concurrence to perform the 2009 option year.
Plcase retain one copy and mail the other one lo the City.
CITY 0F SPOKANE VALLEY AAA Sweeping, LLC
Name and title Name and title
Date signed Date signed
,
Attachment: 2007 Contract
copy , -
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AAA SWEEPING, I.LC
, P. 0. Box 624 Veradale, WA 99037-0624
509.922.1363
October 27, 2008
Mr. Tlm Klein • City of Spokane Valley .
11707 E. Sprague Avepue
Suite 106
Spokane Valley, WA 99206 Re: Cost Proposai for Vactoring Service and Sweeping 5ervice for 2009
Dear Mr: Klein We have reteived your request for cost proposals on both the Sweeping and Vactorlpg Service
contracts. i
We are requesting a 2.25 percent (2.25 96) ad)ustment of the contract prlces fbr the 2009
options. We have based the unit price increase on rising prevalling wage rates, fuel cas#s,
'broom costs and vehicle maintenanCe.
We have attached the follotiving items for yaur reviewv:
• Cos# es.timates for 2009 reflecting our proposed contract price.
• A prlce comparison vrhich indicates the unit price and cast variance.
• A summary ofthe current 2008 contract which detqils invoice amounts and actuaf hours
completed for each bld item. If you have questions regarding the attachments, please cqntact us. We look forward td
working with the Clty of Spokane Valley In 2049. '
Sincerely,
- Brett,R.Sargent
Member
Encs.
ocr 2 s zoos
. By
PRiCE COMPARISON FOR SWEEPING - 2008 TQ 2009
2098 2009 PR1CE 2008 2009 COST
fTEM OESGRIPTION HOURS UNtT PR{CE UNIT PRICE VARIANCE ANNUAL PRiCE ANNUAL PRICE VARIANCE .
1 Mechanical Sweeper 900 $ 141.10 $ 144.27 $ 3.17 $ 126,990.00 $ 129,843.00 $ 2,853.00 -
2 Kicklangle $raams 200 $ 103.Q0 $ 105.32 $ 2.32 $ 20,600.00 $ 21,064.00 $ 464A0
3 Regenerative Aar S,%,eq= 1200 $ 141.10 $ 144.27 $ 3.17 $'169,320.00 $ 173,124.00 $ 3,804.00r: •
4 Waier Truck 1200 S 103.00 $ 105.32 $ 2.32 $ 123,600.00 $ 126,384.00 $ 2,784.q0 ~
5 Dwn Truc3c/End Track 80 $ 103.00 $ 105.32 $ 2.32 $ 8,240.00 $ 8,425.60 $ 185.60
6 I.oader 40 $ 103.00 $ 105.32 $ 2.32 $ 4,120.00 $ 4,212.80 $ 92.80
SUBTOTAL ' $ 452,870.00 $ 463.053.40 $ 10,183A0
SALES TAX ON EQUI?MENT (a~ 8.7% S 26 847.02 $ 21,148.54 $ 299.52
TOTAL $ 479,717.02 $ 490,1g9.94 $ 10,482.92
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1.9 PREPARA.TION COSTS
AIl costs incuaed in the preparation and presentation of this proposal shall be wholly i
absorbed by the Proponent ,
1.10 POS'I`PONEMENT OF PROPOSAL DUE DATE
The City reserves the right to postpone the daie and time for the due daie of proposals by
announcing such postponement at any time prior to the date and time annoumced in these
documents. I
1.11 CONTRACT ~
The City's proposed contract, with the terms and conditions, is attached to this RFP as Appendix A. The City expects all subraitti.ng fums to consent to the City contract, 'terms
and conditi.ons, and does not anticipate agreeing to aizy modifications or'exceptions. Any
'exceptions oa modifications to the contract proposed by a fum must be noted in the proposal submittal. The City reserves the right to revisc the stated contract terms and
conditions prior to contract signature. By submitting this proposal, the Contractox acknowledges that it has read and
understands the insurance requizements for tihis contract. The Contractor understands that
the evidence of required insurance shall be submittcd within ten working days following .
notificafion of proposals being accepted. 1.11.1 Contract Term •
The contract term shall be for a period of ome (1) yeaz with seven ('n one-year renewal -
terms which may be exercised at the op6on of the contzacx manager. The contract
manager for the City shall be the City Manager or his designee. The contract shall com.mence on or about March 15th, 2007, or as directed by the City.
Renewals shall caincide witih the calendar year.
1.11.2 Prevailing wages . Labor and benefit rates will be no less than the.applicable prevailing wages (See
Appendix B). The Proponent shnll comply with all state and federallaws relating to
the employment of labor and wage rates to be paid. The hourly wages and benefits of
laborers, workers, or mcchanics shall not be less than the prevailiztg rate of wage for
an hour's work and benefits in the same trade or occupation in Spokan.e County. No payment will be made unti.l the Contractor has submitted a"Statement of Intent to
Pay Prevaili.ng VJages." No final payment or release of any bomd will be made on a
ContraGt Term until the Contractor has submitted an "Affidavit of Wages Paid".
. These documents must be certified by the industrial statisticien of the Deggrhment of •
' Labor and Industries and the "owners" copy shall be in the possessxon of the City.
111.3 Compensation ' .
The basis of paymeiat will be a fiaced unit price. The City will negotiate hourly rates
with the Contractor prior to finalizing a contract Site work, change ozder pricing, and
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billing wi.U be based upon the negotiated hourly rates. The hourly prices shaU include
everything necessazy for completion of the contract mcluding, but not limited to I
finmishing materials, supplies, equipment, tools, freight charges, faeilities, fuel, water '
fees, management, mobitization, superintendent, labor and service, except as noted
otherwise in the contcact docvments. The unit prices include all appurtenances `
necessary to complete the work which shaU conform to the best practics knowm to the '
• trade in design, qua]ity, zaaterial, and workmazaship and be subject to the specifications ;
in fiu1L , The specifications shaU be construed as m;n;mum. •Payments shall be made after
review, approval, and authorization by the City. , Payment authorization shaU he
conditioned upon the subnuttal of an invoice setti.ng forth a.breakdown of the costs for .
work and services that have been provided.
. prices shall remain firm for the duration of the contract. Tf annual contract renewal
options are exercised, the Contractor may reqnest an adjustment of the contracX prices
annually by January 1 for the following 12 moatlas. Such prices shaU be negotiated by
the City and contractor, and shaU not be increased or decreased by 'more than the ~
pem,ent change in the Consumei Pzice Index for All Urban Consumers (CPI-Ln or•3 %
whichevea is smaller. The reference point will be the CPI-U for November and the .
i.ndex base peinod is 1982-1984=100. The source of this percent c}xazige sball be tbe
"[J.S. Department of Labor, Bureau of Labor Statistics.
The prices include all cosfis of servicing of the accovnt, all contractual requirements during the contract period, aad aze subject to the specifications in fiill.
1.12 SEVERA$ILITX .
Tf any section, sentence, clause or phrase of this RFP shall be held to be invalid, such
inva]idity shaU not affect the validity of any other section, senteuce, clause or phrase of
this RFP.
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CITY OF SPOKANE VALLEY
,
\ Request for Council Action
Meeting Date: November 18, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
Z information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Schematic Design Services for the New City Hall Facility
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Council approved the City Hall Program document on
July 15, 2008.
- BACKGROUND: Bernardo Wills and GGLO developed the City Hall Program document which
outlines the function and space requirements for the future City Hall. In order to continue the
'development of the City Hall project and continue with the work schedule approved by Council I
have attached a proposal from Bernardo Will and GGLO for schematic design services for City
Hall. This phase will develop the architectural and engineering schematic design for the City
Hall building including a detailed cost estimate. The cost of the senrice will not exceed
$377,000.
OPTIONS: Unless there is Council objection, this item will be placed on the December 9
consent agenda for approval of the contract amendment for schematic design service, not to
exceed $377,000.
RECOMMENDED ACTION OR MOTION:
BUDGETIFINANCIAL IMPACTS: Funds are available in the Civic Building Fund
STAFF CONTACT: Neil Kersten
ATTACHMENTS BWA/GGLO Proposal
;
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~ BERNARDO WILLS
ARCHeTECTS PC
November 10, 2008
Mr, Ne1l Kersten, AIA
City of Spokane Valley
11707 E. Sprague Avenue
Spokane Valley, WA 99206
Re: City of Spokane Valley - City Hall Schematic Design Services
BWA #OS-365
Dear Neil: 6ased on our pre•design and prograrnming,'v~i~rk~a ndersh,a~nding of the project, we are
pleased to offer this fee proposal for the incrementa level of architectural and
er~gineering services: ~
A. Proiect Descriation: Construction of a OQO ~to 60,0 4t sf thre~bstary plus basement
municipal building on a 3t acre parcel situate• a, a par. o e propose~l ,-1Ly Center project
at the former University Shopping enterwitH p p ram ces and feature~$escri6ed in the
City Hall Program report dated''•~,0 8 preRare~•~t~y ~ e BWA/GGLO design team. Exterior
building design is expected to`(iKlsome comtii Ja~ti,on of rnasonry veneer, pre-cast
concrete features, and glass/me~ l curt i ll w9th~~ l joist/steel deck or cast-in•
place/post tensioned concreEe flaot' d roo sjrs ems, aqd cornentional fou~tdations and
footings. Interio.~ 'r'r~p ments a.re expect d t incltc~e' a complete build out of
programmed:sp," al of finis ~-use.
Site improvement ork is ex e~ted to in.de new and existing parking areas, utilities,
landscape areas, pe qs rian j~ys and •en rance plaza, screened trash endasure and
loadin ;doe ~Ser•~[9ce/def K~~ea,~ige urm~ m~s, tighting, curbs and gutters, etc. for the
are ,~ro e i~teEy ~djacen~ to the City at~ibu~l ih''g. Although the project will likely include
ad a ai park and- la~ open~~pace and~f4site work such as street improvements and
uti it i c extEnsions; t ese co`~ipbnents are not defined at tfiis time and conceptual design
work ~l ~Etese.features~art'af eparate design proposal and task and is not induded
;at this.ti e~'as a part of Basis~Service~.,,
; .
• .<:::a~~
The current co ction'~b,' et far, the project is $14,100,000 escalated to 2010 dollars,
not induding a:5 ~iaryge ' R contingency, design fees, sales [a~c, testing and inspections
c
and sirnilar soft:cos :in the referertced City Hall Program. The projett has a LEED
goal of 'Gotd' or:,i~.tt B. Scone ot Work for Basic Serrices: Schematic Design generally represents approximately 15
to 2046 of the total architectural and engineering effort for a project such a5 this. The wark
wilt be produced primarlly using Building Information Modeling (BIM) software to generate
both 2-D and 3-D dravAngs and sketches. Usirtg Building Information Modeling software from
the inception will facilitate transition between pha.ses, provide better incegration between
disciplines, and allow the design team to better present design concepts and systems to che
Owner. It is the intent of this fe2 praposal to provide Schematic Design Phase services as an
irticremental step to move the project forward and to further define the project's scoRe,
character, features, and budget in accordance with the attached Exhibit A Schematic Design
~ J
107 S HDWARD f0UR1M f100R
SPOKA►7E HA 99261
509•838•4511
FAX 509•838•4605
HWW.BERHA(iDOW1lL5.COM
% BERNARDO WILLS
ARCHITECT5 PC -
Scope of Work. Based on the approved Schematic Design Phase, future phases of our work
will include Oes1gn Development, Construction Documents, Bidding, and Construction Phase
services.
C. Fee Prooosal for Basic Services: We can Provide the best and most responsive service in the
formative phase of a project if our fee is based on the actual time we spend on the project
and our standard hourty rate schedule with provisions for consultant costs and reimbursable
expenses with the following not-to-exceed budget:
1. SChematic Design Phase $377,000.00
► Architectural $170,000.00
► Civil Engineering 17,500.00
► Landscape Architecture 39,500.00
► Structural Engineering 22,500.00
► Mechanical Engineeting 28,500.00
► Electrical Engineering > 15,500.00
► Interior Oesign r 000.00
► Cast Estimating 0.00
► LEED/ELCCA 33,'SQ0;,00
< Gra hics 8 Presentation A~aterials ~ 15 000~0
Total Sthematic Design Not-.E4-Exceed Budge $377,000.00
The above is an estimate only:and~~e= "ours-;and'cos_.tnay fluctuate between taslcs as the
work progresses; however, we <yJ Ieeed the be e amount without your prior ,
approvaL .
D. Services Not'~Inet ect%fn.: 8s1ceriiices:. n du u. tlecstanding of the project to date,
the following-ise 't ~are'-n f~ c~uded=:i~+~SQrvicestb t can be added if netessary ar
requested. _
,
► ,pican w'
DR~EiYIg ubd procrezorie applications, public hearings and/or
''similar lan acti
raffic Study,r' echnl nvestigations or Environmental Assessments
~ising pfevid ~amp1 - r approved work at the request of the Owr►er
~ De'velo pme ~ r Cons ion,Documents Phases
► Cer tions, insp W ons.or testing required by regulatory agencies
► Buildmissio
► Value En'rin rmal Constructability Reviews
► Inventory o urniture, fixture, and equipment (FFE)
E. Time Schedule: Estimated Schematic Oesign Phase duration is 12 to 16 weeks.
F. Reimbursabte Exqenses: The following costs are directly associated with the project and
are invoiced as reimbur3able expenses at 1.10 times our dirett costs:
► Printing, presentation boards, artd overnight shipping
► Fees paid to regulatory agencies or USGeC for project review or registration
► Travel expenses from/to Seattle (airline and per diem)
f
BERh1ARDO WILLS
ARCF[IiECTS PL
This fee proposal is intended to be short and concise, but we can provide additionat infoRnation
such as an expanded list of work for any of the listed tasks, estimated staff-hours, drawing
index, consultant proposals, etc. We look forward to oontinuing wfth thls project and are
available to answer any questions you have concerning the above.
Sincerely,
Gary Bernardo, AlA
Principal
Enc: Exhibit A Schematic Design Phase Scope of Work•
Accepted By:
NMEM&
signed Oate
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BERNARDO WILLS ~
ARCHITECT9 PC "
Exhibit A/ Schematic Design Phase Scope of Work
Date: November 10, 2008
Project: City of Spokane Valley • Ciry Hall
It is the intent of this fee propasal to provide Schematic Des(gn Phase services as an incrementat
step to move the project forward and to further define the project's scope, character, features,
and budget in accordance with the following scope of worlc:
BdSiC 5erN1CE5
A. Architectural•
1. Prepare draft schedule for work and periadi up~iates`as~ =progresses.
2. Review surveys, work to date, appli4a~t~,ercodes, and' otkler pertinent information
applicable to the Project, including.~ro sed City Center sign Guidelines and the
proposed zoning code.
3. Prepare rnmprehensfve building code a_ M is based n occupanEy+ to,ups;and assumed
- con5truction type.
4. Meet with appropriate :a 'es (i,e. ut l~ ' panies, ~ waste map agement, fire
depariment, etc.) to detEr a. ' d-party cl . arametejs:;
. ,
5. Meet wi[h Owner's Core Tearr ated :rep 'e tatrve5:to confirm Program, design
concepts, goals,.and strategies~' ra~ress:'' _ 6. Develop ConceptualDesign Alt ~tives ~t~ ting siCe~ plan layouts, flaor plan .
diagrams, and~ • \ sing fo er r ~
7. B a s e d o n t~ e e e` o n c e p ~ D A t e n t i v e, d e v e l o p S c h e m a tic D e sig n
Documents - escribe • size, r; andfeatures of the Projeci inciuding
architectural, ` lands • ~ interfo tructural, mechanical and electrical systems
and materials anoents a' ' ropriate.
8. Le - e[ing -I~ a ake presentations to the City Council and
gro reque ~c key meetings include:
; Meeting 1: ~off g to revfa~nd confirm program and project design goals
yeeting 2: D. • Con~ Charette to review design team's initial concepts and
vide direcLio - ►~e~e-it~g 3: Presedesign-.6°cep,ts'and select prefeRed option
► Mee ng.4: Schematic Design Charette to review design teams initial Schematic
Desig ,grl~ and ;§Llge direcNon
Meeting chet' eslgn presentation to Core Team for review and comment
► Meeting b: se t tion to City Council
9. Provide overall prbe~management induding coordination of multiple consultants.
10. Prepare Schematic Design Construction Cost Estimate.
11. Provide draft of Schematic Design Submittal for Owner review. Based on review
rnmments, finalize Schematic Design Submittal for formal approval.
12. Prepare outline specifications.
13. Assist Owner in analyzing different project del'rvery methods (i.e. traditional sequential
design- bid -build, negotiated de5ign/build, General Contractor/Construction
Managemeni•GUCM, etc.).
14. Assist Owner in defining public art oppartunities for project integration.
107 S HOWARD FOURiH FLOOR SPOKANE NfA 99201
509•838•U511
FAX 509•858•4605
WW?I. SEAfIhRDOWf LLS . COM
~ BERNARDO WILLS
'ARCHITECTS PC
15. Prepare formal Schematic Qesign Submittal package to include Design Narrative,
Drawings (site plan, floar plans, elevations, building sections, character sketches,
massing studies), code review summary, outline specificatioru, and cost estimate.
B. Civil:
1. Analyze existing ucilities and rQad system within the proposed Ciry Center to define
prefeRed infrastructure extensions to serve City Hall, as well as future City Center
develvRments. Develop phasiRg plan for infrastructure improvements.
2. Prepare preliminary LEEO analysis and assist with Cost Estimate.
C. Landscape Architecture: ~
1. Confirm exterior design prograrn and requi e~Sfs and develop prelim9nary
landscape/hardscape strategies for site and adj c~~reet frontage.
2. Assist with site plan development to assure co jpt~a e,e with zoning code and other
development standards. . - ~
3. Prepare preliminary LEED anatysis and:ass 'th!Cost E-s~tnat
D. Structural• `
1. Review Geotechnical Report and anal e ptional str~}c[ural sy's e, ,including footings,
foundations, floor framing, roof framand F~te l resistin~ e'e ents for cost
efficiencies and constructabititx. ` ~
2. Provide narrative summarizi~g pr ferred syste.,., r~codes,.Joadirtg, and seismic standards.
. 3. Prepare preliminary LEED anald assist with 'Estimate.
E. MechanicaL• ~
1:' Arialyze optiona s.ys s far plu bing, energy' nirols and prepare narrative
summarizing~ e rred~s t s. ' Z. Provide one•C v.~flow dia ra~, er~ergy~co nalysis; preliminary LEEU evaluation.
3. Identify plumrisers, j~ct chases,i~ethanical equipment rooms, air intake artd
exhaust locationi's; ~e sp nser, an ecial occupancy zones.
4, st st Esb a
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F. .171~ ri al:
1. ~ze optional s~ ms fqi ii hting; electrical servicc and distribu[ion, fire alarm,
poV~re~/communicatTo ate and~ pare narrative summarfzing prefeRed systems.
2. Estabtis target foot- dle tevel4fbr various program spaces and task/ambient lighting
strategies '
3. Provide o e i~e service d' gram.
4. Identify rise~`pneU.-• ons, electrical rooms, cable tray locations.
5. Pre pare prelimin r,y~LEP analysiS and assist with tost Estimate.
G. Interior Deslsn: •
1. Review fumlture, fixture and equipment (FFE) needs with 4wner to determine re-use or
new and assist with preliminary space planning and FFE scope (FFE inventory not
included).
2. Establish typical workstation and office needs based on staff functions and develop
preliminary FFE budget.
3. Uevelop preliminary typical material finish matrix for program spaces far budgeting.
4. Prepare prelimiRary LEED analysis and assist with Cost Es[imate.
H. Cost Estimatina:
!
~ BERNARAO WILLS
ARCHI7ECTS PC .
1. Provide input to design team regarding proposed building systems and materials.
2. Prepare Schematic Design Cost Estimate based on quantity take-offs and unit prices.
1. I,EED/ELCCA:
1. Review Guidelines for Public Agencies in Washington State Energy Life Cycte Cost
Analysis (ELCCA) requirements and establish strategies for compliance.
2. Review LEED Checklist and establish eredit opportunities with design team and Owner.
3. Register project with USGBC and set up on•line account and web access.
4. Organize and conduct 'Eco Charette' for Core 7eam and Consultants to discuss LEED
oaportunitTes artd goals; make abbreviated presentation to City Council and
Stakeholders groups as requested.
J. GrapMcs and Presentation Materials:
1. Rrepare graphics for City Council ar Stakeho~Ct~ ~ tions to indude 3D computer
madels, PowerPoint presentations, and/or: gncie ngs a s etches of projett.
2. Prepare prfnted graphics for Design Conc~p ubmittal an¢ chematic Design Submittal
packages.
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